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Consultation on derogations for the protection of cultural heritage

A biocidal product should normally be authorised only if the active substance(s) it contains is/are approved or included in Annex I of the BPR. Article 55(3) of the BPR establishes that, by way of derogation from the normal requirements for product authorisation, the Commission may allow a Member State to authorise a biocidal product containing a non-approved active substance, if it is proven that the active substance is essential for the protection of cultural heritage and no appropriate alternatives are available. A Member State seeking to obtain such a derogation shall apply to the Commission, providing due justification.

In performing its assessment of whether the active substance is essential for the protection of cultural heritage and whether appropriate alternatives are available, the Commission must analyse the justification provided by the Member State applying for a derogation, as well as other information available.

To decide whether the derogation is justified, a 60-day consultation is organised where the application from the Member State seeking a derogation is made public.

It is important that interested parties contribute to the consultation to collect valuable information for the decision-making process, in particular on the existence or absence of appropriate alternatives (chemical or non-chemical).

Information collected through the consultation is made publicly available.

The European Commission will take into account the information collected during the consultation when deciding – together with the Member States competent authorities - whether to grant or not a derogation pursuant to Article 55(3) of the BPR.


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