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Regulatory action and decision archive

This archive links to information about existing active substances that should not be used in biocidal products placed on the EU market because non-approval decision has been published under the EU Biocides Regulation 528/2012 (EU BPR) or non-inclusion decision has been published under the Biocidal Products Directive 98/8/EC (BPD).

It also provides information on historical regulatory decisions, where action has been taken to either restrict/ban the supply of a certain substance/biocidal product or to extend the use of certain substances/biocidal products to use in emergency situations.

Active Substance non-approval/non-inclusion decisions

Provides information about existing active substances that should not be used in biocidal products placed on the EU market because a non-approval decision has been published under the EU Biocides Regulation 528/2012 (EU BPR) or non-inclusion decision has been published under the Biocidal Products Directive 98/8/EC (BPD).

Other restrict/ban the supply of certain substances/biocidal products

Creosote

Dichlorvos

Extend the use of certain substances/biocidal products to use in emergency situations

Regulation of products with claims to control moss under the Control of Pesticides Regulation (CoPR; 1986)

Prior to the introduction of the Biocidal Products Directive (BPD) and the Plant Protection Products Regulation (PPP), the use of products to control growth of moss on hard surfaces was considered to be "non-agricultural" under the COPR category of "surface biocide".

The issue of whether control of moss in this context is a PPP use rather than a BPD has been considered by the European Commission (DG Environment/DG Sanco). The outcome of the discussions was the confirmation that product to control moss should be regulated under PPP.

Certificates of Exemption issued under the UK Biocidal Products and Chemicals Regulation – Change to phase out period

The amendments to the EU Biocides Regulation 528/2012 (EU BPR) under Regulation 334/2014 introduced a new phase-out period for existing stocks of biocidal products from the point of Authorisation - essentially allowing that stock to work through the supply chain rather than having to be disposed of or recalled/relabelled. The UK had already identified that this phase-out was missing from the EU BPR and had temporarily continued with our practice of allowing a phase-out under our national rules. However, as these new phase-out periods differed from those used in the UK, our national process of allowing an 18 months phase-out period was brought in-line with the new requirements which allow for a 12 month phase-out period.

Other

Withdrawal of the biocides General Industry Charge

Legislation enables HSE to collect fees and charges from those placing biocidal products on the market. This is to recover costs that arise from work it does under the EU Biocidal Products Regulation No 528/2012. Until April 2015, this was done under the Biocidal Products (Fees and Charges) Regulations 2013. However, these regulations have been revoked and the costs are now dealt with under the Health and Safety and Nuclear (Fees) Regulations.

When HSE consulted on the Fees and Charges regulations in 2013, we set out our intention to review the requirement in those Regulations for an Annual Charge (commonly known as the General Industry Charge or GIC).

The review led to a decision to withdraw the GIC and the legal changes to bring this about were made through the Health and Safety and Nuclear (Fees) Regulations 2015. As a result:

The final year in which HSE collected the GIC was 2014 (for the period 1st April 2013 to 31 March 2014).

In Northern Ireland similar arrangements will apply. Here HSE has collected the GIC on behalf of HSENI and changes enabling withdrawal of the GIC are also being made.

Please note: Activities for which a fee is payable remain unchanged.

If you have any questions about this change please email: chemicalsconsultation@hse.gov.uk

Published 20 August 2015

Updated 2016-05-10