Substance not in the review programme? Check if you can still use it
A list of those active substances not covered by the review programme that can continue to be used in biocidal products is now available.
Helsinki, 31 May 2017 – The Article 93 list contains those active substances (mainly in situ generated) for which an application for approval was submitted to ECHA by 1 September 2016. This only concerns those biocides that were available on the market on 1 September 2013 but were not in the scope of the previous legislation (the Biocidal Products Directive).
If your biocidal product contains, consists of or generates an active substance that is on the now published Article 93 list for your product-type, you can keep the product on the market while the substance is being assessed by the Member States. Once a decision to approve the active substance is published, apply for product authorisation at national or EU-level by the date of the approval of your product’s active substance.
If your biocidal product contains, consists of or generates an active substance which was eligible for an approval application under Article 93, but no such application was submitted by the deadline (and the substance is therefore not on the Article 93 list), the product must be removed from the market by 1 September 2017.
Several in situ generated active substance and product-type combinations are supported under the review programme. A few in situ generated active substance and product-type combinations were on the market on 1 September 2013, but they were not considered to be in the scope of the previous Biocidal Products Directive.
These substances can therefore benefit from the transitional measures of the Biocidal Products Regulation. If an application for active substance approval was submitted by 1 September 2016, the biocidal product containing it can continue to be used and made available on the market while the substance is being assessed.
Biocidal active substances are called in situ generated if they are generated from one or more precursors at the place of use. The approval of such a substance requires evaluation of the generated active substance and of the precursor it is generated from. An example is active chlorine generated from sodium chloride by electrolysis – used to disinfect swimming pools.