Existing GB products: transfer to GB BPR
Article 89 of the GB Biocidal Products Regulation (GB BPR) lets biocidal products, which are currently allowed to be made available on the market under other national law in Great Britain (GB), transition to authorisation under GB BPR.
Such products will contain existing active substances that are under review for the relevant product type as part of the GB Review Programme.
Making available on the market means any supply of a biocidal product, whether in return for payment or free of charge, at all stages of the supply chain. Some examples of this could include:
- manufacturer to distributor
- distributor to retail store
- retail store to user
Biocidal products that are already available on the GB market under other national law fall into two categories:
- those with approval under the Control of Pesticides Regulations (COPR)
- those not needing HSE approval under COPR - but they may need to comply with other national law in GB
Find out which category your product falls into.
If you have a product on the market in Northern Ireland (NI) under COPR(NI) or other national law, the requirements may be different. If you need help, please contact us.
Action needed
To keep your product on the market in GB, whichever of the above categories it falls into, you will need to:
- check the status of the active substance(s) in your product on the GB List of Active Substances
- apply for product authorisation under GB BPR by the approval date for the last active substance in the product
You can continue to make applications to amend COPR approved products in GB in the run-up to the GB BPR active substance approval date. The latest deadline to submit GB COPR amendment applications to HSE is 3 months before the last active substance approval date under GB BPR for your product. Amendment applications submitted after this deadline will not be accepted.
You can continue to place new products on the GB market under COPR or other national law providing one of the following is true:
- all of the active substances in the product are still under review for the relevant product type under the GB Review Programme for existing active substances
- one or more of the active substances has already been approved for the relevant product type, and at least one of the other active substances in the product is still under review for the relevant product type under the GB Review Programme for existing active substances
Requirements vary for in situ generated active substances and biocidal products (including precursors). Find out more about in situ generation and check the requirements.
Products made available on the market under COPR or other national law in GB must:
- comply with the requirements of COPR or other legislation or schemes, where applicable in GB
- comply with specific elements of GB BPR such as GB Article 95 and advertising requirements
What happens next
GB BPR application submitted by the deadline
Biocidal products can stay on the market under COPR or other national law in GB while your GB BPR application is being evaluated, for up to 3 years after the approval date for the last active substance.
You must continue to comply with:
- the requirements of the COPR or other national law, where applicable
- GB Classification, Labelling and Packaging of Substances and Mixtures (GB CLP) Regulation
- General Product Safety (GPS) Regulations, where relevant
- specific elements of GB BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service
GB BPR application not submitted by the deadline
If you do not apply for product authorisation under GB BPR by the deadline, your product can only continue to be made available on the market in GB within the following phase-out periods:
- 180 days for making the product available (at all stages of the supply chain)
- 365 days for its use
During the phase-out periods, you must continue to comply with:
- the requirements of the COPR or other national law, where applicable in GB
- GB CLP
- General Product Safety (GPS) Regulations, where relevant
- specific elements of GB BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service
Outcome of GB BPR application
Product authorisation granted
From the date of authorisation, any new stocks of the product made available on the GB market must comply with:
- the GB BPR authorisation conditions and restrictions for the product
- other elements of GB BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service
- GB CLP
- General Product Safety (GPS) Regulations, where relevant
- Existing stocks of your product can continue to be made available on the market under COPR or other national law in GB within the following phase-out periods:
- 180 days for making the product available (at all stages of the supply chain)
- 365 days for its use - any existing COPR approval in GB will expire 365 days from the date of authorisation under GB BPR
During the phase-out periods, you must continue to comply with:
- the requirements of the COPR or other national law, where applicable in GB
- UK CLP
- General Product Safety (GPS) Regulations, where relevant
- specific elements of UK BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service
Product authorisation not granted, or application rejected
If, after evaluation, it is concluded that a GB BPR product authorisation cannot be granted, or the application is rejected at any stage, your product can only continue to be made available on the market in GB within the following phase-out periods:
- 180 days for making the product available (at all stages of the supply chain)
- 365 days for its use
During the phase-out periods, you must continue to comply with:
- the requirements of the COPR or other national law, where applicable in GB
- GB CLP
- General Product Safety (GPS) Regulations, where relevant
- specific elements of GB BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service
Active substance(s) not approved
If one or more of the active substances in your product is given a non-approval decision under GB BPR, your product can only continue to be made available on the market in GB within the following phase-out periods:
- up to 12 months for making the product available (at all stages of the supply chain)
- up to 18 months for its use - any existing COPR approval in GB will expire 18 months from the date of the non-approval decision
During the phase-out periods, you must continue to comply with:
- the requirements of the COPR or other national law, where applicable in GB
- GB CLP
- General Product Safety (GPS) Regulations, where relevant
- specific elements of GB BPR such as:
- GB Article 95
- advertising requirements
- record keeping
- providing information to the National Poisons Information Service