Wednesday, August 3, 2022

HSE Biocides ebulletin: EU public consultation – derogation to the exclusion criteria | Upcoming EU active substance expiry dates

This ebulletin contains information on regulating biocides in Northern Ireland

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EU public consultation – derogation to the exclusion criteria

The European Chemicals Agency (ECHA) is consulting on the essentiality of 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole (Propiconazole) in the EU.

 

The EU BPR applies in NI. Under EU BPR if an active substance meets the exclusion criteria set out in Article 5 (1), it would not normally be approved for use in biocidal products in Great Britain (GB). However, a derogation would allow the active substance to be approved under Article 5 (2) if it can be shown that:

  • exposure is negligible;
  • the active substance is essential to prevent a serious danger to human or animal health or the environment; or
  • not approving the substance would have a disproportionate negative impact on society compared to the risks.

The following active substance has been identified as meeting the exclusion criteria under EU BPR and ECHA has launched a public consultation to collect information on whether the conditions for derogation are satisfied, running until the stated date:

  • 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole (Propiconazole) (CAS 60207-90-1 EC 262-104-4) in product type 8
    15 August 2022

Comments should be submitted to ECHA (not HSE) using the dedicated webforms.

 

Please note this consultation and its outcome are not applicable under the GB BPR.


Reminder – upcoming EU active substance expiry dates

Biocidal products must be phased off the NI market.

 

The active substance/product type combinations listed below are due to expire under the EU Biocidal Products Regulation (EU BPR) on the following dates. This affects NI:

  • Carbon dioxide (CAS 124-38-9 EC 204-696-9) in product type 18
    31 October 2022

  • (9Z,12E)-tetradeca-9, 12-dien-1-yl acetate (CAS 30507-70-1 EC n/a) in product type 19
    31 January 2023

  • 2-methylbiphenyl-3-ylmethyl (1RS)-cis-3-[(Z)-2-chloro- 3,3,3-trifluoroprop-1- enyl]-2,2-dimethylcyclopropanecarboxylate (Bifenthrin) (CAS 82657-04-3 EC n/a) in product type 8
    31 January 2023

  • Ethyl [2-(4- phenoxyphenoxy) ethyl]carbamate (Fenoxycarb) (CAS 72490-01-8 EC 276-696-7) in product type 8
    31 January 2023

  • Nonanoic acid (Pelargonic acid) (CAS 112-05-0 EC 203-931-2) in product type 19
    31 January 2023

Once the approvals expire, the active substances can no longer be used in biocidal products of the relevant product types in NI.

 

If you hold an affected EU BPR product authorisation or Control of Pesticides Regulations (COPR) product approval, we will contact you about cancelling or revoking your authorisation or approval. You will have an opportunity to submit comments or additional information and we will take account of these when finalising our decision.

 

If you are aware of any disproportionate negative effects that are likely to arise from the expiry of any of the active substance/product type combinations listed above, please contact us.

 

 

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