Transitional periods for the removal of a biocidal product from market

A biocidal product that has previously been available on the market must be removed from the market in the following situations:

  • an authorisation or a renewed authorisation under changed regulations is not applied for for the product, or
  • the conditions for authorisation of the product change, or
  • the product is removed from the market due to other reasons.

If necessary, Tukes cancels authorisations for products and specifies in its decision transitional periods for the removal of products from the market.

Transitional periods relating to the removal of products from the market

Situation Transitional period
The authorisation of a product expires, and the authorisation holder has not applied for a renewal No transitional period
The product contains an active substance that is not approved The company can advertise the product for up to 12 months, and the user can use the product for up to 18 months from the date of the non-inclusion decision of the active substance (EU No 528/2012, Article 89 (2b))
An application for approval under the Biocidal Products Regulation has not been submitted by the date of approval of the active substance The company can advertise the product for up to 180 days, and the user can use the product for up to 365 days from the date of approval of the active substance (EU No 528/2012, Article 89 (3))
An authorisation under the Regulation is not granted for the product, and its previous authorisation based on the Chemicals Act is revoked The company can advertise the product for up to 180 days, and the user can use the product for up to 365 days from the date of cancellation of the previous authorisation based on the Chemicals Act (EU No 528/2012, Article 89 (4))
The applicant withdraws the application while authorisation procedures in accordance with the Biocidal Products Regulation are still on-going The 180-day transitional period for marketing and the 365-day period for use are counted from the date of approval of the active substance, so it is possible that the transitional period has already expired
The product has already been approved in accordance with the Regulation, but the authority revokes or changes it, or decides not to renew it The company can advertise the product for up to 180 days, and the user can use the product for up to 360 days from the date of the decision (EU No 528/2012, Article 52)
The classification of the active substance contained in the product changes, and the change affects the classification of the product The Regulation on amending CLP Regulations (ATP) lays down a transitional period that must be followed

 

 

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