HSE, but many departments have an interest including Defra, DH, Scottish Executive and the Welsh Government. BIS have a strong interest in the regulatory simplification agenda.
Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available and use of biocidal products (“the EU Biocides Regulation”) was published in the Official Journal on 27 June 2012 and entered into force on 17 July 2012. It will take effect in Member States on 1 September 2013.
The EU Biocides Regulation revises and replaces the current regulatory framework for the marketing and use of biocidal products contained in the Biocidal Products Directive 98/8/EC. It aims to improve the functioning of the internal market in biocidal products in five key policy areas:
without reducing the high level of protection provided by the regime for human and animal health and the environment.
The EU Biocides Regulation will act directly in Member States, and so does not require transposition. However, new domestic legislation will be needed to specify enforcement measures and penalties in relation to breaches of the Regulation, appoint a competent authority and provide a system of fees and charges by which the costs of operating the biocides system in the UK can continue to be recovered. At the same time the existing legislation transposing the now replaced Biocidal Products Directive (the Biocidal Products Regulations 2001, and four amending Regulations in 2003, 2005, 2007 and 2010, and equivalent legislation in Northern Ireland) will need to be revoked.
HSE will now complete the legislative process to put the necessary measures in place by 1 September 2013.
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