Article 93 transitional measure
Article 93 of the BPR provides for a derogation to its Article 17(1) - the biocidal product authorisation requirement - in the shape of transitional measures. These transitional measures can benefit certain biocidal products whose active substances are not supported in the Review Programme.
The Article 93 transitional measures only apply to biocidal products not covered by the scope of the Biocidal Products Directive, but falling within the scope of the BPR. Additionally, these biocidal products must consist of, contain or generate only active substances that were available on the market, or used in biocidal products, on 1 September 2013, and for which applications for approval for all those active substances were submitted in the relevant product type by 1 September 2016.
Where an application for approval relevant for Article 93 was submitted by 1 September 2016, the concerned biocidal products benefit from the extended transitional deadlines set out in Article 89(2),(3) and (4) of the BPR. During this period, the biocidal products can be made available on the market and/or used, without needing a product authorisation. However, they are subject to national requirements, if any.
Applications that were submitted by 1 September 2016 have been validated by the respective evaluating Competent Authority as complete and the concerned substances are accordingly included in the list of Active substances and Suppliers (Article 95 list) with the inclusion reason “Article 93”. Parties are therefore able to identify all the active substances covered by Article 93 in the Article 95 list, see link below.
Lastly, it should be recalled that suppliers of the abovementioned substances are subject to the Article 95 obligation, where applicable.