Biocidal Products Regulation
The Biocidal Products Regulation (BPR) is an EU Regulation (No 528/2012) concerning the placing on the market of biocidal products. Due to the active substance(s) contained within them, biocidal products exert a controlling effect on harmful organisms such as insects, bacteria or algae. Examples include preservatives, disinfectants and rodenticides.
The BPR repeals and replaces the previous Biocidal Products Directive (98/8/EC) (BPD). As a Regulation, rather than a Directive, the BPR is directly acting in the 28 EU Member States, meaning that local legislation does not need to be created to implement it in each Member State. It has also been fully implemented in Norway. The new Regulation was written with the aim of remedying a number of weaknesses in the Directive which worked to the detriment of the functioning of the internal EU market for biocidal products.
Like the BPD before it, the BPR legislates first at the active substance level, requiring the approval of active substances supplied for use in biocidal products and establishing a list of both approved substances and approved suppliers of these substances. Suppliers of the biocidal products containing these active substances must then obtain an authorisation to place each product on the market and, unlike the BPD, the regulation allows for authorisations to be granted at a Union-wide, as well as Member State, level.
Also new to the BPR is the governing of ‘treated articles’. This term means substances, mixtures or articles which are protected from the harmful effects of organisms by the treatment with, or incorporation of, a biocidal product. Examples include paints containing an in-can preservative or wood treated to protect it from termites. Due to this new provision, the effects of the Biocidal Products Regulation extend well beyond those who supply biocidal products, and many more manufacturers, importers and distributors are now brought into scope.
If the information above raises some immediate questions visit our 'Frequently Asked Questions' to see if you can find the answers you need, or join REACHReady as a Gold subscriber and get access to our experts through the Helpdesk service. Gold subscribers also get access to comprehensive online resources, but if you'd like to know about more before joining our ‘Basics’ section is a good place to start. This section also looks at how the BPR sits alongside the other legislation supported by REACHReady, namely REACH and CLP.