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Treated articles (Chapter XIII)

The new Regulation on biocidal products contains provisions which apply not only to biocidal products but also to all articles, which have been treated or incorporate a biocidal product.

In particular, articles can only be treated with active substances which have been approved in the EU for that purpose. This is a significant change to the current regime, where articles imported from third countries could be treated with substances not allowed in the EU (e.g. wood treated with arsenic, sofas and shoes containing DMF).

In addition, the new Regulation requires manufacturers and importers of treated articles to label these when:

  1. A claim is made that the treated article has biocidal properties;
  2. The conditions of the approval of the active substance use to treat the article require specific labelling provisions to protect public health or the environment.

Last but not least, like under REACH, the Regulation provides for consumers the possibility to request from the supplier of a treated article information on the biocidal treatment of the treated article. This information shall be provided with 45 days and free of charge.