Non-included products and their removal from the market

After review, the EU can prohibit the use of a biocidal active substance, if, for example,

  • the product contains a non-included active substance, or
  • the product does not comply with the restrictions set forth in Annex XVII of the REACH Regulation.

Use of an active substance may be completely prohibited or prohibited only for certain product types.

A company can submit applications for the authorisation of a non-included active substance as a new active substance. An active substance can be authorised as a new active substance unless its non-inclusion was due to health or environmental risks or hazards posed by its use.

Removal of products from the market

Tukes cancels authorisations under the Chemicals Act for products that contain a non-included active substance.

Tukes monitors biocidal products on the market and, where necessary, takes measures to remove non-included products from the market.

If the authorisation under the Chemicals Act is cancelled for a product due to non-inclusion of an active substance, a transitional period of 12 months from the date of the non-inclusion decision is granted for the removal of the product from the market. A transitional period of 18 months is granted for the use of the product (Biocidal Products Regulation, Article 89 2b). These transitional periods also cover biocidal products that are currently not included in the authorisation procedures in compliance with the Chemicals Act.

The status of active substance reviews can be checked from the European Chemicals Agency’s (ECHA) list of active substances. You can filter the search to show only non-included active substances, for example. Permitted active substances per product type can be found under Commission Regulation (EU) No 1062/2014, Annex II.
Any restrictions in compliance with the REACH Regulation must be checked from the REACH Regulation (EC) No 1907/2006, Annex XVII.