Do you sell biocidal products containing copper or silver within the UK or within the EU?

If the biocidal products that you sell within the UK or within the EU contain copper or silver as an active substance, then you must be listed on the respective Article 95 lists under EU BPR or GB BPR, or you must source your silver or copper from a company that is already listed.

As founding members of the silver and copper task forces, ProEconomy are listed on both the EU and GB Article 95 lists for the available product types and we can help you remain compliant with biocide regulations in the UK and the EU by supplying your company with biocidal copper and silver and the corresponding regulatory paperwork.

Frequently asked questions:

• What is the BPR?

  The EU Biocidal Products Regulation (EU No. 528/2012 - EU BPR) concerns the making available on the market and use of biocidal products. The purpose of the EU-BPR is to facilitate the free movement of biocidal products within the EU while ensuring a high level of protection of humans, animals and the environment through the approval of active substance and authorisation of products.

  The UK equivalent legislation is the GB-BPR which applies in England, Scotland and Wales. The requirements placed on companies making biocidal products available on the market under GB-BPR are currently the same as EU-BPR.

• What is the purpose of Article 95?

  Article 95 of the EU-BPR aims to ensure the equal treatment of companies placing active substances on the market. To achieve this, the European Chemicals Agency (ECHA) ECHA publishes a list of active substances and suppliers (substance and product). Since 1 September 2015, a biocidal product cannot be made available on the EU market if the substance supplier or the product supplier is not included in this list (for the product-type to which the product belongs).

  The UK equivalent is the GB Article 95 list and the requirements placed on companies under GB-BPR currently mirror EU-BPR.

• What product types do ProEconomy support?

  Product	Supported product type
  Copper	2, 5 and 11
  Silver	2, 4, 5 and 11

• What do these product type mean?

  Product	Product type use	Product type description
  PT 11	Preservatives for liquid-cooling and processing systems	Used for the preservation of water or other liquids used in cooling and processing systems by the control of harmful organisms such as microbes, algae and mussels. Products used for the disinfection of drinking water or of water for swimming pools are not included in this product-type.
  PT 5	Drinking water	Used for the disinfection of drinking water for both humans and animals.
  PT 4	Food and feed area	Used for the disinfection of equipment, containers, consumption utensils, surfaces or pipework associated with the production, transport, storage or consumption of food or feed (including drinking water) for humans and animals. Used to impregnate materials which may enter into contact with food.
  PT 2	Disinfectants and algaecides not intended for direct application to humans or animals	Used for the disinfection of surfaces, materials, equipment and furniture which are not used for direct contact with food or feeding stuffs. Usage areas include, inter alia, swimming pools, aquariums, bathing and other waters; air conditioning systems; and walls and floors in private, public, and industrial areas and in other areas for professional activities. Used for disinfection of air, water not used for human or animal consumption, chemical toilets, waste water, hospital waste and soil. Used as algaecides for treatment of swimming pools, aquariums and other waters and for remedial treatment of construction materials. Used to be incorporated in textiles, tissues, masks, paints and other articles or materials with the purpose of producing treated articles with disinfecting properties.

• Why are silver and copper being evaluated?

  The basic principle in the BPR is that a biocidal product must be authorised before it can be made available on the market or used. This takes place in two consecutive steps. As the first step, the active substance is evaluated and, provided certain criteria are fulfilled, it may be approved in a specified product type. The second step is the authorisation of the biocidal product containing the substance. Silver and copper are currently being evaluated in the first step to confirm the criteria for approval are fulfilled.

• Since Brexit, is the UK still involved?
  Following Brexit, active substances and biocidal products are controlled in Great Britain (England, Scotland and Wales) under the GB Biocidal Products Regulation (GB BPR) and in Northern Ireland under the EU Biocidal Products Regulation (EU BPR). EU BPR and GB BPR are separate pieces of legislation that apply independently in the EU and Great Britain.
• What happens if I plan to use silver or copper as a biocide?

  Article 95 creates an obligation for companies making biocidal products available the market to ensure that either the “substance supplier” or “product supplier” is included in the list published by ECHA under Article 95 (for the PT to which the product belongs). A company wishing to make silver or copper available as an active substance on the EU or GB markets must take the necessary steps to be included on the appropriate EU or GB Article 95 list. Alternatively, they must ensure the silver or copper they use is sourced from a company already included on the appropriate list.

• What happens if I already use silver or copper as a biocide?

  You must already be compliant with the obligations described above.

• What happens if I don’t comply with the EU-BPR or GB-BPR?
  If you do not comply with EU-BPR or GB-BPR, your biocidal product may not be made available and used on the market in the EU or in Great Britain.