The Regulation contains provisions which apply to both biocidal products and to any mixtures or articles (falling under the definition of a “treated article”) that have been treated with or incorporate a biocidal product.
In particular, mixture or articles can only be treated with active substances that have been approved in the EU for that purpose. This is a significant change to the previous scheme, where mixtures or articles imported from non-EU countries were permitted to be treated with active substances that were not allowed in the EU.
Labelling and information on treated articles
The Regulation requires manufacturers and importers of treated articles to label these when:
- A claim is made that the treated article has biocidal properties; or
- The active substance used to treat the article was approved subject to specific labelling provisions to protect human and animal health, and the environment.
Labelling is also required where necessary to protect humans, animals and the environment from the risks linked to the biocidal treatment.
The Regulation allows consumers to request information on the biocidal treatment applied to the article from the supplier. This information must be provided within 45 days, and free of charge.
The text provides for a number of transitional measures to facilitate the transition from the system of the Directive to that of the Regulation, to introduce ECHA into the biocides regulatory framework, and to safeguard any acquired rights under the Directive.