Regulatory action and decision archive
Changes due to Brexit
Your health and safety responsibilities will not change when the UK leaves the EU. This guidance is under review.
This archive links to information about existing active substances that should not be used in biocidal products placed on the EU market because non-approval decision has been published under the EU Biocides Regulation 528/2012 (EU BPR) or non-inclusion decision has been published under the Biocidal Products Directive 98/8/EC (BPD).
It also provides information on historical regulatory decisions, where action has been taken to either restrict/ban the supply of a certain substance/biocidal product or to extend the use of certain substances/biocidal products to use in emergency situations.
Active Substance non-approval/non-inclusion decisions
Provides information about existing active substances that should not be used in biocidal products placed on the EU market because a non-approval decision has been published under the EU Biocides Regulation 528/2012 (EU BPR) or non-inclusion decision has been published under the Biocidal Products Directive 98/8/EC (BPD).
Other restrict/ban the supply of certain substances/biocidal products
- Since 30 April 2003 retailers can no longer sell creosote and coal tar creosote wood preservatives to the general public in Great Britain.
- Since 30 June 2003 the general public can no longer use creosote and coal tar creosote wood preservatives in Great Britain.
- Since 21 April 2002 retailers can no longer sell insecticide products containing dichlorvos in Great Britain, with the exception of 3 professional use strips.
- Since 15 April 2004 insecticide products containing dichlorvos can no longer be used in Great Britain
Extend the use of certain substances/biocidal products to use in emergency situations
- An outbreak of West Nile Virus
- HSE contributed to the Department of Health Contingency Plan setting out the procedures to be followed, and detailing specific pesticide products regulated by HSE that may be used to control mosquito populations, in the event of an outbreak of West Nile Virus.
Regulation of products with claims to control moss under the Control of Pesticides Regulation (CoPR; 1986)
Prior to the introduction of the Biocidal Products Directive (BPD) and the Plant Protection Products Regulation (PPP), the use of products to control growth of moss on hard surfaces was considered to be "non-agricultural" under the COPR category of "surface biocide".
The issue of whether control of moss in this context is a PPP use rather than a BPD has been considered by the European Commission (DG Environment/DG Sanco). The outcome of the discussions was the confirmation that product to control moss should be regulated under PPP.
Certificates of Exemption issued under the UK Biocidal Products and Chemicals Regulation – Change to phase out period
The amendments to the EU Biocides Regulation 528/2012 (EU BPR) under Regulation 334/2014 introduced a new phase-out period for existing stocks of biocidal products from the point of Authorisation - essentially allowing that stock to work through the supply chain rather than having to be disposed of or recalled/relabelled. The UK had already identified that this phase-out was missing from the EU BPR and had temporarily continued with our practice of allowing a phase-out under our national rules. However, as these new phase-out periods differed from those used in the UK, our national process of allowing an 18 months phase-out period was brought in-line with the new requirements which allow for a 12 month phase-out period.
Withdrawal of the biocides General Industry Charge
Legislation enables HSE to collect fees and charges from those placing biocidal products on the market. This is to recover costs that arise from work it does under the EU Biocidal Products Regulation No 528/2012. Until April 2015, this was done under the Biocidal Products (Fees and Charges) Regulations 2013. However, these regulations have been revoked and the costs are now dealt with under the Health and Safety and Nuclear (Fees) Regulations.
When HSE consulted on the Fees and Charges regulations in 2013, we set out our intention to review the requirement in those Regulations for an Annual Charge (commonly known as the General Industry Charge or GIC).
The review led to a decision to withdraw the GIC and the legal changes to bring this about were made through the Health and Safety and Nuclear (Fees) Regulations 2015. As a result:
- the GIC will not be collected from 2015 onwards
- with immediate effect, companies no longer need to notify HSE of their liability to pay the GIC
The final year in which HSE collected the GIC was 2014 (for the period 1st April 2013 to 31 March 2014).
In Northern Ireland similar arrangements will apply. Here HSE has collected the GIC on behalf of HSENI and changes enabling withdrawal of the GIC are also being made.
Please note: Activities for which a fee is payable remain unchanged.
If you have any questions about this change please email: [email protected]
Published 20 August 2015