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.

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:

  • be established in the EU (including Northern Ireland)
  • appoint an EU-representative to appear on the list on your behalf

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.

Northern Ireland Retail Movement Scheme

The Windsor Framework establishes a new way to move pre-packed retail goods from Great Britain (England, Scotland and Wales) into Northern Ireland.  It is called the Northern Ireland Retail Movement Scheme.

GB public health and consumer protection standards apply for all products moving to Northern Ireland through the scheme.  This includes requirements for food contact materials. 

Goods that meet the definition of a ‘food contact material’ as defined in Regulation (EC) No. 1935/2004 are in scope of the Northern Ireland Retail Movement Scheme.  Biocidal products, or articles that have been treated with biocidal products, may come into scope of the scheme if they meet the definition of a food contact material.

This change does not apply to retail goods produced within NI.  In this case, the EU rules continue to apply.

Please read the following for further guidance: Northern Ireland Retail Movement Scheme: how the scheme will work - GOV.UK (www.gov.uk)

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.

Updates

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Further help

For further help with:

  • enquiries relating to applications for biocidal products in NI email HSE
  • enquiries about how to apply to ECHA
  • any other enquiries about biocides email HSE

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Updated 2024-02-09