One-third of biocidal products fail to meet European biocidal regulations
The review found deficiencies in compliance with both the European Union Biocidal Products Regulation (BPR) and national transitional regulations.
One in three biocidal products fail to meet established regulations, according to a pan-European enforcement project led by the ECHA. The project identified approximately 60 active substances in biocidal products that are not authorised for marketing in the markets of the EU, the European Economic Area (EEA) and Switzerland. Additionally, it was found that one in three products reviewed failed to meet at least one of the verified legal requirements.
National enforcement authorities in 29 countries carried out comprehensive reviews of more than 3,500 biocidal products. Overall, 37% of these products failed to meet at least one of the established legal requirements. Upon further investigation, it was observed that 18% of the products failed to meet the fundamental requirements that impact their safe use. Most of them lacked the proper product authorisation or contained unauthorised active substances. Biocides with significant non-compliances were found primarily in the categories of disinfectants, insecticides and repellents/attractants. The inspectors identified around 60 active substances that should not be present in these products.
Biocides with the most serious non-compliances were found primarily in the categories of disinfectants, insecticides and repellents/attractants.
As a result, all products without authorisation or with unauthorised active substances were withdrawn from the market, and in some cases, legal action was initiated with criminal charges or fines. The remaining 19% of non-compliant products had minor deficiencies that did not affect their safe use, such as the lack of supplier contact information. In these cases, national enforcement authorities provided advice or issued administrative orders to correct the deficiencies.
Non-compliance was particularly striking in consumer-oriented disinfectants
Non-compliance was particularly striking in consumer-oriented disinfectants. Of the nearly 1,900 disinfectants reviewed, 14%, or 265 products, did not meet the established standards. These deficiencies included the lack of authorisation or incorrect labelling, which generally resulted in the withdrawal of the disinfectants from the market. This emphasis on the review of disinfectants was justified by the entry of new biocidal product manufacturers to the market in the early stages of the COVID-19 pandemic. Many of these disinfectants did not fully comply with the EU Biocidal Products Regulation (BPR) and national requirements related to transitional biocides.
The harmonised biocidal enforcement project evaluated the compliance of different types of biocidal products on the markets of the EU, the EEA and Switzerland with the Biocidal Products Regulation. The inspections focused on:
- Unauthorised active substances in biocidal products
- Inclusion in the list of active substance suppliers (Article 95) and;
- Obligations related to the labelling, packaging and advertising of biocidal products.
National enforcement authorities carried out these inspections throughout 2022. Additionally, when necessary, they conducted chemical analyses of biocidal products as part of the checks.
Do you have any questions about how to comply with the biocidal regulations applicable in your country or territory? Nordiik can help, contact us!
Source: ECHA
