The Biocidal Products Regulation. Latest developments

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1 The Biocidal Products Regulation Latest developments Eleventh Antimicrobial Workshop March 10-11, 2015 Hyatt Regency Crystal City Arlington, VA Pierre Choraine European Commission DG SANTE, Unit E.3

2 ECHA Substance approval Introduction Exclusion and substitution criteria Review programme MRLs and SMLs Article 95 Product authorisation Treated articles Sustainable Use Implementing legislation and guidance documents

3 Main principles Approval of substance required before product can be authorised Authorisation required before product can be placed on the market Approval of biocidal active substances at EU level Authorisation of products at national or EU level Transitional measures for existing active substances and biocidal products, for which national rules apply 3

4 A very diverse and complex sector Disinfectants Preservatives Preservatives Others Pest control Wood Paper Plastic Textile In can Liquid cooling Pest control Private use Public area use Hospital use Rodents Insects Pigeons Others Antifoulings Embalming

5 Provide scientific and technical support Coordinate review programme Prepare opinions through BPC Substance approval (50/year) Union authorisation Secretariat for BPC and the Coordination group IT platform (R4BP) The European Chemicals Agency (ECHA) Electronic submissions Data dissemination / 5

6 The European Chemicals Agency (ECHA) / Technical equivalence and chemical similarity Data sharing List of (alternative) suppliers of active substances Helpdesk 6

7 Approval of active substances

8 Exclusion criteria (Article 5) Objective : exclude active substances of very high concern CMR category 1A or 1B, PBT, vpvb, endocrine disruptors The principle: cannot be approved The derogation: approval possible (main difference with PPP) Approval of active substances if exposure negligible, substance essential or non-approval has disproportionate negative impact subject to strict risk mitigation measures only for Member States where needed for maximum 5 years as candidate for substitution 8

9 Approval of active substances Substitution criteria (Article 10) Objective: Substitution of substances of high concern Criteria: Exclusion criteria, other properties of high concern (Art 10) Approved for a maximum of 7 years Comparative assessment at product authorisation Alternatives must present significantly lower risk, be sufficiently effective, present no significant disadvantage, and provide sufficient chemical diversity Authorisations limited to 5 years. Possible derogation for a maximum of 4 years in order to gain experience 9

10 Review programme for existing active substances

11

12 Maximum Residue Limits / Specific Migration Limits Use of biocides may result in residues in food Establishment of limits of residues should ensure consumer safety BPR indicates that, where appropriate, limits should be established BPR refers to existing legislation (PPPs, VMPs, contaminants and FCMs) for the establishment of limits Main issues Food contact materials vs. contamination vs. expected residues EFSA, EMA and ECHA involvements Compliance costs Controls 12

13 Article 95 1 September 2015 deadline Only biocidal products containing source of active substances registered by ECHA can be made available on the market Practical guides for SMEs Data sharing Letters of access Consortium Active involvement to help companies Active chlorine Ozone 13

14 Authorisation of biocidal products

15 Product authorisations More than 4000 products across EU are now authorised in accordance with the BPR Very few mutual recognition disagreements First product authorised through the simplified procedure Applications for Union authorisations expected in 2015 Additional concepts to facilitate product authorisations Same biocidal product Biocidal products family Consortium 15

16 More than 4000 products are now authorised in accordance with the BPR 16

17 17

18 Treated Articles

19 Objective: Protection of health and environment, level playing field between production within vs outside the EU Allowed on the market only if substances used for the treatment are approved or under evaluation for that use in the EU Labelling requirement for certain articles Main issues Articles treated with biocidal products Complex articles Administrative burden Barriers to trade and impact on trade Enforcement 19

20 Report to EP and Council, by July 2015, on contribution of BPR to sustainable use of biocides. On-going study project with contractor Gained attention and visibility last years (eg NGOs, EP), strong call for action from some MS (DE, DK, BE ) but expected to be of lower priority for most MS Thrust of report Sustainable use of biocides Priority is the implementation, enforcement and control of an already very challenging piece of legislation Review programme and product authorisation are the priorities 20

21 Implementing legislation and guidance documents

22 Implementing legislation Regulation on changes to product authorisation : Reg. (EU) No 354/2013 of 18 th April 2013 Regulation authorisation of same biocidal products : Reg. (EU) No 414/2013 of 6 th May 2013 Regulation on fees to ECHA : Reg. (EU) No 564/2013 of 18 th June 2013 Regulation on the extension of duration of review programme to 2024 : Reg. (EU) No 736/2013 of 17 th May 2013 Regulation on the modification on data requirements (proof of technical equivalence in BP applications) : Reg. (EU) No 837/2013 of 25 th June 2013 Regulation on the procedures for the inclusion of active substances into Annex I of the BPR : Reg. (EU) No 88/2014 of 31 st January 2014 Regulation on the procedures for the renewal of authorisations by mutual recognition : Reg. (EU) No 492/2014 of 7 th March 2014 Regulation on the organisation of the review programme of active substances (to replace Reg. (EU) 1451/2007) : Reg. (EU) No 1062/2014 of 4 th August

23 Commission guidance Work on guidance documents or proposals on various topics : Management of nanomaterials: Guidance on fees payable to Member States: Guidance on similar conditions of use, for the Union authorisation : Guidance on treated articles: Document on comparative assessment : Other Guidance under discussion : Borderline between biocidal products and cosmetics : etc. 23

24 Concluding remarks Very challenging piece of legislation

25 Thank you for your attention! For further information: Commission website on biocides: CIRCABC public space on biocides: 7a69394d0942 ECHA website & Helpdesk on Biocides: 25

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