According to Article 58(2) of the BPR, only treated articles that have been treated with or include biocidal products containing active substances included in the list drawn up in accordance with Article 9(2) (Union list of approved active substances) for the relevant product-type and use, or in Annex I, and any conditions or restrictions specified therein are met can be placed on the EU market. The active substances included in Annex I to Directive 98/8/EC have been transferred to the Union list of approved active substances as of 1 September 2013.
The BPR also requires that the person responsible for the placing on the market of such a treated article shall ensure that the treated article is labelled when:
1. a claim that the treated article has biocidal properties is made
2. it is required in the conditions of the approval of the active substance contained in the biocidal product used to treat the article
The label shall provide the information referred to in Article 58(3) of the BPR and needs to be easily understandable and visible for consumers.
More information on treated articles can be found in the ‘Note for Guidance on Frequently asked questions on treated articles' available on the ECHA website at:
Note that Article 94(1) of the BPR (amended by the Regulation (EU) No. 334/2014 of 11 March 2014) seeks to allow the placing on the market of articles treated with biocidal products containing active substances which, albeit not yet approved, are being evaluated, either in the context of the work programme referred to in Article 89(1) of the BPR or based on an application submitted by 1 September 2016 pursuant to Article 94(1).
The text of the Regulation (EU) No 334/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EU) No 528/2012 (BPR) concerning the making available on the market and use of biocidal products, with regard to certain conditions for access to the market, is available at: