From 1 September 2015, a biocidal product consisting of, or containing, or generating a relevant substance cannot be made available on the EU market if the substance supplier or product supplier is not included on the list for the product type to which the product belongs.
The European Chemicals Agency 'ECHA' will be maintaining and updating the list of Active Substances and Suppliers (Article 95 List) – see ECHA website http://echa.europa.eu. ECHA will be expecting suppliers to be able to show their own dossier of information about active substances under the Biocidal Products Directive (BPR), a letter of access to such a dossier, or if all data protection periods have expired, a reference to an existing dossier.
Product suppliers (e.g. formulators) can also be added to the Article 95 List, specifying the product type.
The HSE will expect that companies making biocidal products available on the EU market ensure that they have evidence to demonstrate that the source of the active substance is listed – see www.hse.gov.uk/biocides
Burges Salmon is actively involved advising both end users and biocidal products suppliers affected by the Biocidal Products Regulation. For further information or to discuss how these requirements impact on your business and what actions are required please contact William Wilson, Barrister.