Consultation on HSE proposals for amendments to the Biocidal Products Regulations 2001

This consultation letter seeks your comments on proposed amendments to the Biocidal Products Regulations 2001 ("the Biocides Regulations"). The amendments will allow biocidal products containing active substances that were on the market in the EU on 14 May 2000 (and are being supported for review), to remain on the market for a further four years beyond 14 May 2010 (the current cut-off date for such products) while the European Commission completes its ongoing reviews of the active substances in those products. 

The European Commission has published a Directive amending the Biocidal Products Directive 98/8/EC ("the Biocides Directive"). This extends the transitional deadline from 14 May 2010 to 14 May 2014 that allows biocidal products containing existing active substances to remain on the market under existing national legislation while the Commission completes its review of such existing active substances. Existing active substances are active substances of biocidal products that were on the market when the Biocides Directive came into force on 14 May 2000. The review will consider whether existing active substances are sufficiently safe and effective to be included on Annex I of the Biocides Directive. Biocidal products can only be authorised for placing on the market where the active substance(s) contained in them are listed in Annex I. 

The Biocides Directive is implemented in Great Britain by the Biocides Regulations. The proposed Regulations will amend the Biocides Regulations in line with the changes to the Directive. At the same time, they will make some other changes necessary to ensure the smooth operation of the biocides regime in Great Britain.

The key changes proposed are: 

• Extending the transitional end date from 14 May 2010 to 14 May 2014 so that biocidal products containing existing active substances can remain on the market in Great Britain while the European commission completes its review of those active substances
• Extending the relevant data protection periods by the same dates for information submitted for the purposes of the Biocides Directive
• Updating certain references in the Biocides Regulations
• Adjusting the Biocides Regulations in the light of operational experience

• Consultation letter
• Amending directive
• Harmonised timelines
• Respond to the consultation using the online questionnaire or download a form to complete

Responses should be sent by 23 November 2009 to:

Garry Wiles
Health and Safety Executive
International Chemicals Unit
6th Floor Sanctuary Buildings
20 Great Smith Street
London
SW1P 3BT

Tel. 020 7227 3834
Fax. 020 7227 3802
E-mail. Biocides.Minireview@hse.gsi.gov.uk