Article 93 transitional measure

Several in situ generated active substances product type combinations are not supported under the Review Programme or are supported for different product-types than the ones for which they are used.

Those in situ generated active substances product type combinations may benefit from the provisions of Article 93, as the precursors for the in situ generation of active substances were not considered to be in the scope of the Biocidal Product Directive if no claim was made that these precursors could be used for a biocidal purpose. Also free radicals, ozone and few non in situ active substances are covered by these provisions.

The Article 93 transitional measures only apply to biocidal products consisting of, containing or generating only active substances that were available on the market, or used in biocidal products, on 1 September 2013.

Where an application relevant for Article 93 was submitted by 1 September 2016, the combination benefits from the extended deadlines to be made available on the market and used set out in Article 89(2),(3) and (4) of the BPR. Where an application is not made by 1 September 2016, the derogation lasts only until 1 September 2017.

A list of applications submitted by 1 September 2016 is provided in the document “Article 93 list”.

A list of examples of in situ systems that may fall under these exemptions is provided in the Commission CA paper "substance generated in situ".

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