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Article 95 of the Biocidal Products Regulation (EU) No 528/2012 (BPR) aims to ensure the equal treatment of persons placing active substances on the market and to establish a level playing field as quickly as possible on the market for existing active substances. To achieve this, the European Chemicals Agency (ECHA) ECHA publishes a list of relevant active substances and suppliers (substance and product).
Since 1 September 2015, a BP (consisting of, containing, or generating a relevant substance) cannot be made available on the EU market if the substance supplier or product supplier is not included in the Article 95 list (for the product-type (PT) to which the product belongs).
Article 95 creates an obligation on persons making available BPs on the market to make sure that either the “substance supplier” or “product supplier” is included in the list published by ECHA under Article 95 (for the PT to which the product belongs). „Alternative suppliers“ must make a submission to ECHA under Article 95 to be included on the list.
Not all companies requires being included on the Article 95 list. It is sufficient that one company in the supply chain is listed. The Article 95 list is structured per active substance.
The names of the suppliers (and their country) are listed and their role as “substance supplier” and/or “product supplier” is indicated. The relevant PT and the date of inclusion of the entity in the list are also indicated.