Biocides Manual of Decisions (MoD) becomes obsolete – European Court of Justice decision on products with indirect effects on the target organism and scope of EU BPR

Under the Biocidal Products Directive (BPD) where the scope of the legislation was unclear, issues were discussed at the EU level. When the EU Commission finalised decisions on scope issues, these are included in the BPD Manual of Decisions (MoD). However, as the EU Biocides Regulation (EU BPR) has been repealed and replaced the BPD, the guidance provided in the MoD is now obsolete. The EU Commission confirmed in their paper “New authoritative guidance in the meaning of Article 15 of Regulation (EU) No 1062/2014” that the MoD is obsolete as of 1 October 2015. If you have relied on the guidance previously provided by the MoD to conclude that your product(s) were out of the scope of the biocides legislation, but your product might now be within the scope of the EU BPR, there is an opportunity to support the relevant active substance/product type combination. The EU Commission has specifically identified the issue of products that only work by indirect means on the target organism, which were previously considered to be outside the scope of the old BPD. Due to a decision by the European Court of Justice, that position has had to be reconsidered, and such products may now be within the scope of the EU BPR and therefore the active substances will need to be supported. The EU Commission note provides information about the process to follow and further information on the European Court of Justice decision. Additional information on the declaration, notification, submission processes can be found on the European Chemicals Agency website. Please note the deadline for the first step in the process to support the relevant active substance/product type combination is 1 October 2016. If you are unsure if your product now falls within the scope of the EU BPR please contact your National helpdesk or the ECHA helpdesk. Please note HSE are able to deal with enquiries that are relevant to our role as the UK Competent Authority (CA). If you do not have products on the UK market (or are not about to put them on the UK market) and you are based in another EU Member State (MS) we advise you to contact the CA in your MS.

HSE ebulletin, 23 October 2015 ; ;