Impact of The EU Biocides Regulation amending Regulation (334/2014) on Certificates of Exemption issued under The UK Biocidal Products and Chemicals Regulation
The UK has left the EU, new rules from January 2021
The transition period after Brexit comes to an end this year.
The original text of the EU Biocides Regulation (“EU BPR”) did not include a provision to allow a phase out period for existing stocks of biocidal products that didn’t comply with the conditions of authorisation granted under the EU BPR. This meant that existing stocks in the supply chain not labelled in accordance with the EU BPR authorisation would become illegal when the product was authorised under EU BPR.
In the absence of such phase out period being formally provided, the UK continued to apply the existing 18 month phase out period we used prior to EU BPR as an interim measure. This 18 month phase out period consisted of:
- 6 months in relation to the placing on the market of existing stocks;
- 12 months in relation to making available on the market of existing stocks; and
- 18 months in relation to the use of existing stocks.
The UK highlighted the absence of this phase out period to the EU Commission and the anomaly was removed in the recent update of the EU BPR by Regulation 334/2014. As a result, and in line with other phase out periods that were originally provided for in the EU BPR, a 12 month (or more precisely 365 day) phase out period has been included in Article 89(4) of the EU BPR.
The UK now needs to comply with the newly-established 365 day phase out period. Therefore any product authorised in the UK on or after 1 October 2014 will receive the 365 day phase out, which consists of:
- 180 days in relation to making available on the market of existing stocks; and
- 365 days in relation to the use of existing stocks.
Please note that the 180 day period for continuing to make the product available on the market relates to all making available of the biocidal products from the top of the supply chain (e.g. manufacturer or formulator) down to when the user receives it (e.g. from a distributor or retail store/website).
Holders of Certificates of Exemption affected by this change have been notified of the change and will receive updated CoEs when their products are authorised.