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Essential use authorisation

HSE can only grant essential use authorisations for biocidal products in Great Britain (GB) under the GB Biocidal Products Regulation (GB BPR) where the active substance has received an essential use derogation. Find out about when active substances can receive essential use derogation.

The authorisation holder is normally the company at the top of the supply chain and must be established within the UK.

Once authorised, the biocidal product can be made available on the GB market. Making available on the market means any supply of a biocidal product, whether in return for payment or free of charge, at all stages of the supply chain. Some examples of this could include:

At each step in the supply chain the conditions of authorisation must be complied with. If the product is changed in any way at a step in the supply chain this may not be covered by the authorisation eg adding a new trade name to the product label that is not covered by the authorisation. Enforcement action may be taken where a product is supplied that does not meet the conditions of authorisation.

Essential use authorisations will only be available for a limited time and are subject to specific conditions such as:

Current GB essential use derogations

The table below lists the existing essential use derogations granted by the European Commission prior to the end of the Transition Period which followed the UK leaving the EU, and which remain valid in GB. If any additional derogations are granted by the Secretary of State, they will also be included in the list.

Active substance CAS number EC number Product type Uses Deadline for submitting active substance dossier Existing EU Decision or UK Decision Link to details Comments
Copper 7440-50-8 231-159-6 PT02 For control of Legionella in water for human use, such as bathing and showering water 31 December 2014 Existing EU Decision Commission Decision 2014/85/EU Valid providing the dossier is resubmitted to HSE – find out more.
The copper electrodes, from which copper ions are generated should be authorised. The equipment itself does not need to be evaluated or authorised.
Copper 7440-50-8 231-159-6 PT05 For control of Legionella in drinking water 31 December 2014 Existing EU Decision Commission Decision 2014/85/EU Valid providing the dossier is resubmitted to HSE – find out more.
The copper electrodes, from which copper ions are generated should be authorised. The equipment itself does not need to be evaluated or authorised.
Copper 7440-50-8 231-159-6 PT11 For control of Legionella and other harmful organisms in water for swimming pools and animal pools. 31 December 2014 Existing EU Decision Commission Decision 2014/395/EU Valid providing the dossier is resubmitted to HSE – find out more.
The copper electrodes, from which copper ions are generated should be authorised. The equipment itself does not need to be evaluated or authorised.
Copper 7440-50-8 231-159-6   For the prevention of biofouling in the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and coastal installations.
For the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship.
31 December 2014 Existing EU Decision Commission Decision 2014/395/EU Valid providing the dossier is resubmitted to HSE – find out more.
The copper electrodes, from which copper ions are generated should be authorised. The equipment itself does not need to be evaluated or authorised..

Details of products with an essential use authorisation in GB can be found on the list of GB authorised biocidal products.

How to apply

The prospective authorisation holder or company acting on their behalf must submit, in English, a completed application form to [email protected] – companies may wish to mark emails as appropriate eg confidential. Please note that your application form may be returned if it is incomplete.

Only the application form should be submitted by email. All other relevant documentation / data must be submitted via the HSE Secure File Sharing Service, including:

Submissions can be made in one of the following three ways:

Using the HSE Secure File Sharing Service

Things to note

What HSE will do

After receiving your application HSE will:

You may be asked to provide further information at various stages of the process. When such requests are made, the indicative timeframes given above will be suspended. Please note if the information you provide is not satisfactory, or you fail to provide the information within the specified deadline, your application may be rejected.

Product authorisation decision

When the evaluation of an application is completed, a decision will be made as to whether the biocidal product can be authorised.

Successful applications

HSE will:

You should:

Unsuccessful applications

HSE will not issue an authorisation where an application does not meet the required standards.

The applicant may have the opportunity to modify / update their application to make it acceptable where that is appropriate.

Rejecting applications

An application can be rejected at any stage if the relevant fees or requested information / data are not submitted or are unacceptable.

Updated 2021-04-26