Biocidal active substances and products in Northern Ireland are still regulated under the EU Biocides Regulation 528/2012 (EU BPR).
If an active substance meets the exclusion criteria set out in Article 5 (1) of the EU BPR, it normally would not be approved for use in biocidal products in the EU (which includes Northern Ireland but not Great Britain). However, the active substance could receive a derogation under Article 5 (2) of the EU BPR when it is shown that:
exposure is negligible;
the active substance is essential to prevent a serious danger to human or animal health or the environment; or
not approving the substance would have a disproportionate negative impact on society compared to the risks
A derogation would allow the active substance to be approved for use in biocidal products in the EU (including Northern Ireland).
The following active substance / product type combination meets the EU BPR Article 5 (1) exclusion criteria in the EU:
Creosote (CAS No. 8001-58-9) for product-type 8 (wood preservatives)
To decide if this active substance approval may be renewed or not in the EU (including Northern Ireland), the European Chemicals Agency (ECHA) has launched a public consultation to collect information on whether the conditions for derogation are satisfied.
This EU consultation runs until 30 March 2021.
Comments should be submitted to ECHA (not HSE) using the dedicated webform.
Please note this consultation and its outcome are not applicable to the active substance approval (and biocidal products containing it) in Great Britain under the GB Biocidal Products Regulations (GB BPR).
HSE Biocides eBulletin, 22 February 2021