ECHA publishes Guidance on active substance suppliers

December 2014

ECHA has recently published the final version of its guidance document on active substance suppliers, which explain obligations for companies in light of the revisions to Article 95 under the Biocidal Products Regulation (BPR).

According to ECHA, from 1 September 2015, a biocidal product consisting of, containing, or generating a relevant substance, cannot be made available on the EU market if the substance supplier or product supplier is not included in the Article 95 list for the product type(s) to which the product belongs. The guidance also explains how active substances generated in situ should be dealt with, and how Article 95 submissions can be made by consortia. It further runs through information requirements for applications and on ECHA's process for updating the list of active substances and suppliers.

According to ECHA, to make sure that the product stays legally on the market, companies need to:

  • Ensure within their supply chain that either a substance supplier or product supplier in the supply chain applies to be on the Article 95 list.
  • Start their preparations in time, especially for data-sharing negotiations.
  • Submit the application in time to allow ECHA to assess it by 1 September 2015.
  • Allow sufficient time to cover the need to provide additional data if the ECHA draft decision is negative.

The Guidance is available on the ECHA website.