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.

Examples

Questions on scope can cover issues such as:

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.

Decision 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
 
Updated 2021-07-19