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Biocides regulation: Northern Ireland

Supplying biocidal products to the Northern Ireland market

If you wish to make biocidal products or treated articles available on the Northern Ireland market you must comply with the EU Biocidal Products Regulation (EU BPR).

You can view the regulation and find out what you need to do to comply on the European Chemicals Agency (ECHA) website.

If your business is in Great Britain (GB) you may also need to comply with GB legislation such as GB Prior Informed Consent (GB PIC) or specific customs and export rules.

Biocidal product authorisation

To hold an EU BPR product authorisation in Northern Ireland your business must be established in the EU (including Northern Ireland).

If you hold an existing product authorisation that was valid in the UK on the 31 December 2020, you need to ensure that you're established in the EU for that authorisation to remain valid in NI.

You need to tell HSE that either:

Tell HSE - complete form

Pending product applications

If you have a product application pending with HSE, you need to confirm that you want to continue with your application to access the NI market. Pending applications are those that were submitted to and accepted by the UK or ECHA under EU BPR before 1 January 2021 and no decision on the application for the UK market was taken by 31 December 2020.

Confirm - complete form

New applications for product authorisation

If you want to make a new application for product authorisation in Northern Ireland, you will need to apply to the organisations shown in the table below.

Application type Apply to Comments

National authorisation

HSE - National authorisation

National authorisations granted for the NI market cannot be mutually recognised within the EU

Mutual recognition

HSE - National authorisation

Options and practicalities still under development – let HSE know as soon as possible before the active substance date of approval to keep your product on the market

Simplified authorisation

HSE - Simplified authorisation

Simplified authorisations granted by HSE for the NI market cannot be notified within the EU

Simplified notification

HSE - Simplified authorisation

Applicable only to simplified authorisations already granted in the EU

Union authorisation

ECHA - Union authorisation

 

Same biocidal product authorisation for NI market only

HSE - Same biocidal product authorisation

Not applicable for simplified notifications made to HSE for the NI market

National or simplified authorisations granted by HSE for the NI market via the same biocidal product route cannot be mutually recognised or notified within the EU

Same biocidal product authorisation for EU market

ECHA - Same biocidal product authorisation

Applicable to Union authorisations and simplified authorisations granted in the EU

Change or cancel an authorisation

For national authorisations (including same biocidal products and mutual recognitions) and simplified authorisations granted by HSE for the NI market - HSE - Change or cancel authorisation

For union authorisations and simplified authorisations granted in the EU - ECHA - union authorisation

 

Renewal of an authorisation

For national authorisations (including same biocidal products and mutual recognitions) - HSE - renewal

For union authorisations - ECHA - union authorisation

National authorisations cannot be renewed via mutual recognition

Research and development permit

HSE - research

 

Provisional product authorisation

HSE

For advice on this application type contact HSE biocides

Essential use authorisation

HSE - essential use authorisation

 

Critical situation permit

HSE - critical situation permits

 

Cultural heritage authorisation

HSE

For advice on this application type contact HSE biocides

EU Article 95 list

To be included as a supplier on the EU Article 95 List your business must either:

You will need to apply to ECHA application and assessment to be included on the list or to make a change to an existing entry.

All biocidal products supplied in Northern Ireland must comply with EU Article 95.

Active substance approval

To gain approval for an active substance in Northern Ireland, businesses should apply to ECHA approval of active substances.

Exports from Northern Ireland to Great Britain

HSE will treat biocidal products as being authorised in Great Britain (GB) under the GB Biocidal Products Regulation (GB BPR) where a Northern Ireland-based business holds a valid authorisation or permit for the product under EU BPR in Northern Ireland and wants to supply the product in GB.

You must notify HSE before placing the product on the GB market.

Read our guidance on unfettered access

Exports from Northern Ireland to the EU

You must continue to comply with EU regulations such as EU BPR.

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Updated 2021-06-23