Confirm your UK location to access the GB market

To get or maintain access to the market in Great Britain (England, Scotland and Wales), as a GB Authorisation holder or GB Article 95 supplier, you must:

• be established in the UK (Great Britain or Northern Ireland)
• confirm to HSE, by the relevant deadline, that you are established in the UK

An authorisation holder is the person responsible for placing a biocidal product on the market. They are specified in the authorisation conditions and can be a person or company. The authorisation holder is legally responsible for the authorisation and any associated non-compliance. It is not possible for an entity to be an authorisation holder in name only (represent or act on behalf of another entity).

Established in the UK

Being established in the UK usually means having a registered office, headquarters or permanent business establishment in the UK. In other words, you or your business must have a physical presence in Great Britain or Northern Ireland. This must be:

• your permanent business location or
• the permanent location of the human and technical resources needed to carry out, either in whole or in part, your business operations.

Deadlines

You must tell HSE that you are established in the UK by:

31 December 2021 if:

you are an existing UK authorisation holder – this includes Union authorisations and simplified authorisations and notifications

31 December 2022 if:

you were included on the GB Article 95 List on 1 January 2021

the date HSE grants your authorisation if:

you are resubmitting a pending application – this excludes changes and renewals

Pending EU BPR applications

If you made an application under EU BPR before 1 January 2021 and have not yet had a decision for the UK market, you should resubmit your application. There is separate guidance on resubmitting your pending EU BPR application to HSE and deadlines.

How to tell HSE you’re established in the UK

To tell HSE that you are established in the UK:

1. complete this EU Exit biocides establishment form
2. email the form to [email protected]
3. provide additional information (outlined in the checklist in Section 3 of the form) using HSE’s Secure File Sharing Service

Providing additional information

When we process your form, we will send a link to HSEs Secure File Sharing Service. The link will be valid for 5 working days and is specific to your application – please do not use the link to upload files for other applications.

Letters of confirmation

If you indicate, on your form, that you are changing the company that is the authorisation holder, GB Article 95 supplier or GB Article 95 representative, you must submit a letter from each company involved, confirming that they agree to:

• transfer responsibility to the new company
• accept responsibility from the current company
• the change of representative who will act on their behalf (GB Article 95 only)

Fees

HSE may charge admin fees for changes to authorisations and the GB Article 95 List. When we process your application form, we will inform you of any fees.

Further information

For help with the establishment requirements email [email protected].

For all other biocides enquiries contact us.

There may be other actions you need to take to comply with the GB BPR transitional arrangements. You can take these actions independently or at the same time as completing another action, however you must complete each relevant action by the respective deadline.

Further details are available in this Working with biocides after Brexit: actions and deadlines factsheet.