As the scope of the EU Biocides Regulation 528/2012 (EU BPR) is different in some aspects from the Biocidal Products Directive (BPD),the EU BPR Review Regulationallows for affected active substances to be included into the review program. This process only applies to active substances that weren’t included in the review program previously for certain specific reasons:
- due to incorrect advice from the EU Commission or Competent Authority (CA)
- it benefited from a food and feed derogation in the Fifth Review Regulation; and/or
- due to change of the scope of the product type.
The first step in the process has been completed for dialuminium chloride pentahydroxide (CAS 12042-91-0) in product type 2 as a declaration to notify was submitted and acceptedby the European Chemicals Agency (ECHA). For the next step, interest companies have until14 October 2015to complete the notification procedure in Article 17 of the Review Regulation. Notifications should be submitted to the ECHA, via R4BP. If the notification is accepted the EU Commission will include dialuminium chloride pentahydroxide (CAS 12042-91-0) in the review program for product type 2. For the final step the notifier must then submit the dossier for approval under EU BPR or for inclusion in Annex I to EU BPR for active substance/product type combination within two years of the acceptance of the notification in step 2. If no-one submits a notification for dialuminium chloride pentahydroxide (CAS 12042-91-0) for product type 2 by 14 October 2015it will not be included in the review program and cannot be used as an active substance in biocidal products made available on the EU market. For further details of the UK CAs understanding of the declaration and notification process under Articles 15 to 19 of the EU Review Regulation are outlined on HSE’s website.
HSE Biocide Update, 29 September 2015 ;http://www.hse.gov.uk/ ;