Regulating biocides in the transition period
The UK is not a Member State of the EU. However, until the end of the transition period market access should continue on the same terms as before.
What businesses need to know
During the transition period:
- The EU Biocidal Products Regulation (BPR) will continue to apply in the UK
- Active substance approvals and product authorisations in place before the UK left the EU remain valid
- Any new decisions taken by the EU during the transition period will also apply in the UK - this includes decisions on active substances approvals and Union Authorisations, and any new guidance that is put into place
- HSE is not able to act as a reference Member State or an evaluating Member State under BPR for active substance evaluations, Union Authorisations or any product authorisation unless intended for the UK market only
- HSE will continue to process product-related applications under BPR for the UK market only – any applications submitted to the UK during the transition period will be considered against the current rules and standards
- The UK will follow the processes of a concerned Member State for the mutual recognition of product authorisations where the reference Member State is a member of the EU – this includes existing applications and those applied for during the transition period
- The UK will process all mutual recognition applications as far as possible during the transition period - for some applications this will mean that the final decision is taken under the new UK arrangements after the end of the transition period
- For all applications within the EU MR process, applicants should list the UK as a concerned Member State in R4BP3, even if the EU process will complete after the transition period
- Companies will still meet the requirements of the BPR to be ‘established in the Union’ if they are established in the UK
- UK-based businesses have the same rights as EU-based businesses to have their cases accepted and processed by reference and evaluating Member States based in the EU
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