Before you make a biocidal product available on the UK market for a particular type of product you will need to ensure that the active substance is Approved for that Product Type, is under review for that Product Type or listed in Annex I of the EU BPR (list of active substances that can be used in products that qualify for the simplified authorisation procedure).
If your active is not
- approved for your Product Type (not in the Union list);
- under review for your Product Type; or
- listed in Annex I of the EU BPR (list of active substances that can be used in products that qualify for the simplified authorisation procedure)
then you could not bring the product to the market – instead, you would need to support your active substance through the Regulation’s active assessment and approval process or submit an application to Amend Annex I of the EU BPR and gain an authorisation for the product under the relevant process.
Existing active substances
If your biocidal product contains an existing active substance that has been through the review programme assessment process and an approval decision (Commission Implementing Regulation) has been published under the EU BPR for the relevant Product Type for your product, then you need to apply for product authorisation by the active substance approval date. The active substance approval date can be found in the approval decision (Commission Implementing Regulation) published by the EU Commission.
New active substances
If your biocidal product contains a new active substance that has been through the assessment process and an approval decision (Commission Implementing Regulation) has been published under the EU BPR for the relevant Product Type for your product, then you need to apply for product authorisation and obtain authorisation before the product can be made available on the market, as the transitional provisions of Article 89 of the EU BPR do not apply to new active substances.