Biocidal products and treated goods

The new Biocidal Products Regulation (BPR, Regulation (EC) No 528/2012) has been in force in the European Economic Area (EEA) since 1 September 2013. This means that the provision and use of biocidal products, in situ generated biocides and treated goods in the European countries is governed by a Regulation. In accordance with the CLP Regulation (EC) No 1272/2008, the biocidal product must be classified, packaged and labelled. In addition, the label of the authorised biocidal product must contain additional information in accordance with Article 69 of the Biocidal Products Regulation and shall not be misleading as to possible risks. The use of trivialising formulations such as “biocidal product with low risk potential”, “non-toxic”, “harmless”, “natural”, “environmentally friendly”, “animal-friendly” or similar indications is prohibited. Furthermore, separate provisions pursuant to Article 72 of the Biocidal Products Regulation apply to advertising for biocidal products.

Safety data sheets for active substances and biocidal products are prepared and made available, if applicable, in accordance with Article 31 of REACH Regulation (EC) No 1907/2006.

The new Biocidal Products Regulation now also regulates the placing on the market of substances, mixtures or articles which have been treated with one or more biocidal products or to which one or more biocidal products have been intentionally added – so-called treated goods. Treated goods may only be treated with marketable biocidal products and, in certain cases, are subject to the labelling obligation under Article 58 of the BPR. Since a treated product with a primary biocidal function is considered a biocidal product under the BPR and must therefore be authorised as such, a correct differentiation between these possibilities is very important.

Further information on the authorisation of biocidal products can be found under Registration/Special Product Groups/Biocidal Products and Active Ingredients