Copper essential use derogation supported

Posted on June 14, 2014

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GREAT NEWS – Essential Use Derogation For Copper

The European Commission (EC) has confirmed it intends to go forward with the essential use derogation for copper as a biocide.

We are giving this information about the HSE essential use derogation for copper as a biocide ahead of schedule.

Derogation has been supported by the EC on behalf of HSE for the use of copper as a biocide within the UK. Copper’s approval as a Legionella control biocide is pending subject to the formal announcement by the EC, which is expected in September.

The Competent Authorities of the EC met on Friday. They were presented with a draft agreement for derogation and no objections were made. Therefore, the formal announcement should be made in mid September.

We would like to take this opportunity to THANK our clients that have stayed loyal to us throughout this lengthy process.

If you have any questions please contact Dr Birgitta Bedford at birgitta@proeconomy.com. She will be happy to answer any questions you may have.

There are also planned changes occurring to ACoP L8 and ProEconomy’s Birgitta is the industry representative for these changes.


Derogation for copper as a biocide has been granted by the European Commission.

HSE recognised copper as an essential element in the control of Legionella in hot and cold water systems. ProEconomy would like to thank them for their support.

Derogation has been granted for:

  • Product types 2: allowing copper as a biocide for human use
  • Product types 5: allowing copper as a biocide for use in drinking water

The essential use derogation will last until December 2014.

Companies that use copper as a biocide have formed the copper task force. This will submit the application for annex listing in the biocidal products directive by the summer. Once they submit this application the derogation will become obsolete and copper be used indefinitely.

Essential Use Derogation For Copper and ProEconomy

ProEconomy prepared the essential use derogation application for the HSE and we have been at forefront of the derogation process. Moreover, as a founding member of the copper task force and the silver task force we will continue to be at the forefront of the process for annex listings for both silver and copper.

ProEconomy have worked tirelessly over the last 20 years to create the reputation that they have and they have helped establish copper and silver ionisation as an essential method for Legionella control.

Nick Bedford MD of ProEconomy is positive about the derogation.

‘The review of copper as a biocide by the EC had a big impact on us. Therefore, we are glad that HSE backed copper and silver ionisation as an essential water treatment method. We hope to build on this and are positive that there will be positive changes for copper and silver ionisation in the new ACoP L8. It’s time that ionisation’s contribution to Legionella control has a more balanced standing within official legislation.’

So don’t worry, everything is in hand and you are compliant.
We would like to thank you for your continued support through this difficult process.

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