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1 September 2006 Deadline under the Biocidal Products Directive (BPD) (98/8/EC)

From 1st September 2006 biocidal products containing active substances that have only been ‘identified’ under the Biocidal Products Directive (BPD) and those that have been ‘notified’, but where specific product types have not been supported by that notification, cannot be placed on the EU market or subsequently stored for any purpose (except for export and disposal).

There will be no phased withdrawal of products once 1 st September 2006 has been reached. The 1 st September 2006 deadline was published in Commission Regulation (EC) No 2032/2003 (the Second Review Regulation) of 4 November 2003. Industry has had from this time to take appropriate action to ensure a timely phase-out of stocks of products through the supply chain.

It is industry’s responsibility to ensure that all biocidal products containing such active substances do not remain on the EU market by 1 st September 2006.

How can I check my active substance status?

The lists of those active substances that have been ‘identified’ or ‘notified’ are in the Second and Third Review Regulations available on the ECB website, (click on the 'Legislation' tab at the top of the page). Searches can be carried out by CAS/EC numbers of the active substance to find which list (Annex) the active substance is listed on.

In the Second Review Regulation, Annex I includes the list of all accepted ‘identified’ and/or ‘notified’ active substances. (NB This is different to the Annex I of the BPD, which is empty at present but will be a list of active substances that have been assessed and considered to be acceptable for use in biocidal products). So it is necessary to then further check Annex II and Annex III to find out if an active substance has been identified or notified.

The Second Review Regulation is updated by the Third Review Regulation so it is necessary to first check the Second Review Regulation to find if a substance is listed in the Annexes and then check if any amendments have been made to the listing for that substance in the Third Review Regulation.

Lists of withdrawn active substances and the related product types where participants have withdrawn from the biocides review program are available on the Europa website.

UK CA
September 2006