Article 3(3) decisions on scope
The GB Biocidal Products Regulation (GB BPR) covers a wide range of products which control harmful organisms in different ways. In most cases, it is clear to both HSE and the company involved that a product should, or should not, be regulated under GB BPR – whether the product is within the ‘scope’ of the regulations. Take the first steps to finding out if your product might be a biocide.
Sometimes there will be complex issues where having a specific decision on scope would help industry understand how the regulations apply to their kind of product. GB BPR provides a way for the Secretary of State (working with the Scottish and Welsh administrations) to issue a legal decision on such scope issues – these are commonly called ‘Article 3(3) Decisions’ as that is the relevant article in the legal text.
Questions on scope can cover issues such as:
- does a product only work mechanically or physically – products that have no chemical or biological activity are not within the scope of GB BPR, for example a ‘rat trap’ might well be out of scope, but a ‘rat poison’ will be in scope
- is a product a ‘biocidal product’ or a ‘treated article’ – some treated articles will be regulated as biocidal products because their main function or purpose is to control harmful organisms
- whether a substance should be classed as a ‘nanomaterial’
Existing Article 3(3) decisions
The table below lists the existing Article 3(3) decisions made by the Secretary of State that are valid in Great Britain (England, Scotland and Wales). It also lists the existing Article 3(3) decisions made by the European Commission prior to the end of the Transition Period which followed the UK leaving the EU, and which remain valid in Great Britain and Northern Ireland.
|Existing EU Decision or GB Decision||Link to details|
|Mosquitoes non-naturally infected with Wolbachia used for vector control purposes||Existing EU Decision||Commission Implementing Decision (EU) 2018/1623|
|Use of paraffin oil for coating eggs to control the population size of nesting birds||Existing EU Decision||Commission Implementing Decision (EU) 2016/1943|
|Horse rug impregnated with permethrin used for controlling nuisance insects in the environment of the horse||Existing EU Decision||Commission Implementing Decision (EU) 2016/903|
|Propan-2-ol containing products used for hand disinfection||Existing EU Decision||Commission Implementing Decision (EU) 2016/904|
|Product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths||Existing EU Decision||Commission Implementing Decision (EU) 2016/678|
|Anti-viral tissue impregnated with citric acid||Existing EU Decision||Commission Implementing Decision (EU) 2015/1985|
|Polydimethylsiloxane-based formulation placed on the market to control mosquitoes||Existing EU Decision||Commission Implementing Decision (EU) 2015/655|
|Bacterial cultures intended to reduce organic solids and to be placed on the market for that purpose||Existing EU Decision||Commission Implementing Decision (EU) 2015/646|
|Cationic polymeric binders with quaternary ammonium compounds incorporated in paints and coatings||Existing EU Decision||Commission Implementing Decision (EU) 2015/411|