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Importing/exporting biocidal products and treated articles

If you intend to import or export a biocidal product you must comply with the relevant legislation. Biocidal products are regulated in the EU by the EU Biocides Regulation 528/2012(EU BPR), which repeals and updates the EU Biocidal Products Directive (BPD)  from 1 September 2013.

If you are unsure as to whether the product you wish to import/export is a biocidal product, you should look at our law page.

Importing Biocidal Products

Importing biocidal products into the EU Custom Territory is classed as ‘placing a product on the market’ in the EU BPR, when it is intended that the biocidal product will be supplied for distribution or use on the EU market. You must ensure the biocidal product you intend to import into the UK complies with the requirements of the EU BPR and any relevant national legislation as necessary before it is imported.

Further information on what you need to do is available on the making biocidal products available on the market webpage of this site.

Based on draft guidance being prepared by the Commission it is the UK understanding that importing biocidal products into the EU Custom Territory with a view to re-exporting the product outside the EU is not considered as placing on the market, as long as the biocidal product is not been released for free circulation or, when it has, has not left the stocks of the importer e.g. it is not supplied for distribution or use on the EU market.

The REACH regulation may also apply to your importation of the product, especially the non-active components of the formulation. Further details can be found on the REACH website.

Importing Treated Articles

Importing treated articles into the EU Custom Territory is classed as ‘placing a product on the market’ under the EU BPR, when it is intended that the treated article will be supplied for distribution or use on the EU market. You must ensure the treated articles you intend to import into the UK comply with the requirements of the EU BPR before it is imported.

Further information on what you need to do is available on the treated articles webpage of this site.

Based on draft guidance being prepared by the Commission it is the UK understanding that importing treated articles into the EU Custom Territory with a view to re-exporting the article outside the EU is not considered as placing on the market, as long as the treated article is not been released for free circulation or, when it has, has not left the stocks of the importer e.g. it is not supplied for distribution or use on the EU market.

The REACH regulation may also apply to your importation of the treated article. Further details can be found on the REACH website.

Exporting Biocidal Products/Treated Articles

If you are exporting from the UK to another EU country you must meet the requirements of the EU BPR and any other national legislation in that EU country.

If you are exporting directly from the UK to a non EU country the requirements of the EU BPR do not apply, but there may be other UK legislation you need to comply with such as that on Prior Informed Consent (PIC) or specific customs and export rules . You should also check if there is any legislation you need to comply with in the importing country.

In order to be exempt from the requirements of the EU BPR there must be no supply of the product within the UK/EU prior to being exported.

Updated 2015-01-16