An Introduction To the Biocidal Products Regulation (BPR)

BPR stands for Biocidal Products Regulation, which is an EU regulation that was introduced in 2012 and came into force in September 2013.

 

What Is The BPR?

 

You’d be forgiven for not hearing much about it, unless biocides are your business, but it’s going to affect a wide variety of industries and products now that it’s being more closely regulated by EU  Member States.

Preceding the BPR was another EU regulation called the Biocidal Products Directive, however the BPD did not deal specifically with articles treated with biocides, whereas the BPR includes articles treated with biocides, as well as the biocides themselves.

The introduction of a treated article into the scope of the BPR means that any substance, mixture or article that has been treated with or intentionally incorporates one or more a biocidal products now has greater regulatory scrutiny. As a result, the BPR has scope to affect many more businesses across the EU than the BPD has done in the past.

While many EU member states have, of course, had regulations that product manufacturers and marketers must follow regarding biocidal claims on treated products, the BPR was introduced with an aim to unify these regulations across the EU and in doing so aim to create a level market for these types of products.

“The purpose of this Regulation is to improve the functioning of the internal market through the harmonisation of the rules on the making available on the market and the use of biocidal products, whilst ensuring a high level of protection of both human and animal health and the environment. The provisions of this Regulation are underpinned by the precautionary principle, the aim of which is to safeguard the health of humans, the health of animals and the environment. Particular attention shall be paid to the protection of vulnerable groups.”

In addition, the BPR promotes the reduction of testing on animals by introducing the obligation to share data relating to animal testing, and to prohibit duplicate testing to minimise animal testing as much as possible, instead encouraging alternative testing methods.

BPR came into effect back in September 2013, but as you’ll see from reading this eBook, most brands are not compliant and many don’t even know what the BPR is.

The BPR consolidated document itself is currently 163 pages long, you’ll find a link to it in our eBook, which you can sign up for at the end of this blog.

 

How The BPR Works

 

The BPR is governed by the EU and managed by Member States of the EU.

There are legal obligations which the biocide manufacturers and the treated product retailers must adhere to.

 

For Biocidal Products

  • The product must contain active substance sourced from a supply that can be linked to an authorised supplier for that substance (product must be Article 95 compliant)
  • The active substance used must be approved under the BPR, or be under review for approval, for the intended use of the product (product must be active substance and product type compliant)
  • The biocidal product must be correctly registered or authorised for the intended use according to either national rules or BPR rules depending on the approval status of the active substance (product must be legally compliant)

 

For Treated Articles

Manufacturers and importers who place treated articles on the market are required to label treated articles when:

  • they make a claim that the treated article has biocidal properties
  • the conditions of the approval of the active substance(s) use to treat the article require specific labelling provisions to protect public health or the environment

The BPR also controls the source(s) of biocidal active substances, through a list of authorised suppliers – the so-called Article 95 list. The list is available online; you can find it here. However, please always refer to the latest PDF on this link because suppliers and substances are under continual review and are subject to change.

Now that many active substances and biocidal products are approved, attention is turning more towards to compliance. We’ve seen compliance activity increasing since the start of 2018 with the regulatory authorities in each EU member state making plans for enforcing the BPR, so brands need to act now to ensure compliance for the biocidal products and treated articles they market in the EU.

 

So what does this mean for your brand, product or supply chain. Well if you’re using a biocide of any sort you must take action to check that you’re fully compliant. If you sell a biocide as a biocidal product, eg: mould killing spray, then you much check that the biocides you’re using are compliant.

If you sell a product that has an antimicrobial function built in, such as a mould resistant tent, or an antibacterial mattress, you need to check in with your manufacturer or supplier to ensure what you’re selling is fully compliant. If you claim any biocidal function, such as antibacterial, antiviral, mould resistant, etc.. then you need to be sure of the biocide you’re using. This can even include hypoallergenic claims in some cases.

In addition, marketing teams need to know about BPR, as labelling is a big part of compliance.

 

Download the BPR eBook Now

 

BPR is so important that we decided to write an eBook about it, which you can download for free. The eBook is a 30 page document, read and approved by a specialised legal team in conjunction with the technical chemistry team here at Addi-Tec. We’ve put the BPR into plain English for you, so no matter your specialist area, you should be able to find the answers you need about the BPR in this eBook. It’s also packed with helpful links for those who wish to have a more in-depth knowledge about the BPR.

DOWNLOAD THE BRP EBOOK HERE

And remember, Addi-Tec are here to help you achieve compliance. We can help with re-formulation, product sourcing and regulatory advice. Contact us by any of the methods on our contact page to arrange a meeting.