The Biocidal Products Regulation (BPR) sets rules for the use of articles treated with, or intentionally incorporating, one or more biocidal products.
According to the regulation, articles can only be treated with biocidal products containing active substances approved in the EU. This is a change from the Biocidal Products Directive (repealed by the BPR from 1 September 2013), where articles imported from third countries could be treated with substances not approved in the EU – such as, sofas and shoes containing DMF.
Companies must also be ready to provide the consumers with information about the biocidal treatment of the article they are selling. If a consumer requests information about a treated article, the supplier must provide it free of charge within 45 days.
Labelling of treated articles
Manufacturers and importers of treated articles need to ensure that products are labelled according to both the regulation on Classification, Labelling and Packaging and the additional requirements defined by the Biocidal Products Regulation.
The Biocidal Products Regulation (BPR) requires manufacturers and importers of treated articles to label treated articles when:
- a claim that the treated article has biocidal properties is made
- it is required in the conditions of the approval of the active substance contained in the biocidal product used to treat the article
The labels need to be easily understandable and visible for consumers.
Transitional measures for treated articles
The Biocidal Products Regulation (BPR) provides for a number of measures to facilitate the transition from the system of the Biocidal Products Directive (BPD) to the new regulation.
From 1 September 2013, the active substances contained in a biocidal product used in the treatment of the treated articles, have to be either listed in Annex I, already approved or under evaluation for the relevant product-type.
For active substances which were not yet in the approval process as at 1 September 2013, a transitional period was provided (Article 94 BPR). Complete application dossiers on the active substance had to be submitted by 1 September 2016.
After 1 March 2017 it is no longer be possible to place on the EU market articles treated with a biocidal product (or intentionally incorporating a biocidal product) containing an active substance which is not already approved, listed in Annex I, or under assessment.
If the application for approval of the active substance is rejected (for example, due to failure to pay the relevant fee) or a non-approval decision is adopted, articles which were treated or incorporated a biocidal product containing that active substance should no longer be placed on the market as from 180 days from that decision.
You can find more information on active substance allowed in treated articles in the document linked in the “See also” section.