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        Product treated with a biocide? Don't forget 1 September 2016

        Number of visits: Date:2016年7月21日 14:57
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        If you place products on the EU market that are treated with a biocide, you need to make sure that you comply with the law by 1 September 2016. Put simply, the active substance in the biocide needs to be approved within the EU (or be in the process of being approved) for the kind of use you are making of it.

        As of 1 September 2013, products in the EU can only be treated with active substances that have been approved for the specific way you are using them.
         
        These uses belong to categories that are called "product-types" and include for example disinfectants, preservatives and pest control products. To give companies time to comply with this change in the law, a transitional time was agreed – but that period runs out on 1 September 2016.
         
        If you have not taken action so far, you need to:
         
        1. Make sure you know which active biocidal substances are used to protect your product.
        2. Check the status of the active substances on ECHA's website: they should be either approved or under assessment for your product-type and use.
        3. If the active substance is not yet in the approval process for the product-type and use, make sure an application for its approval is made by 1 September 2016.
         
        What types of items are affected?
         
        Items that are affected are those that have been treated by a biocide so as to protect them in some way from harmful organisms like pests, mould and bacteria. The law refers to them as 'treated articles'. These include:
         
        • Mixtures: for example, a paint that contains an in-can preservative.
        • Articles: a sofa with wooden arms, which have been treated with preservatives, or a refrigerator that has been treated with substances to prevent mould and odour.
        • Articles that intentionally incorporate a biocidal product: socks that contain silver fibre to prevent odour.
         
        Products whose main purpose is to act against unwanted organisms are considered biocidal products – not treated articles. An anti-bacterial wipe, for example, is a biocidal product  not a treated article  because its sole purpose is to control bacteria.
         
        If you are not sure whether your product is a treated article or not, turn to your national helpdesk for advice.
         
         
        Changes for importers from outside the EU
         
        Exactly the same rule applies for importers. This is a significant change compared to the previous biocides law, whereby articles imported into the EU could be treated with substances that could not themselves be used in the EU – for example, sofas treated with dimethyl fumarate to protect them from mould.
         
         
        What happens after 1 September 2016?
         
        Products that have been treated with an active substance that is not in the EU approval process can only stay on the market until 1 March 2017.
         
        If you develop a new active substance, you can apply for its approval at any time. However, you cannot place an article treated with the substance on the EU market until it has been approved.
         
        Join us in Helsinki at our free Biocides Stakeholders' Day on 1 September 2016. Register on ECHA's website.

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