What are the concrete regulatory impacts of Brexit on the biocides industry?
Last June, the European Commission published a notice on biocidal products and Brexit. In this document, the Commission explains how to maintain a fully compliant activity in the biocides sector for companies affected by Brexit.
To do so, companies need to prepare now for the end of the transition period, which is on 31st December 2020. Depending on the situation companies do not have the same obligations. With respect to approved suppliers under Article 95 of the BPR (European Biocidal Products Regulation), it is recalled that:
- Suppliers listed in Article 95 of the BPR and established in the United Kingdom must designate a representative based in the EU-27 before the end of the transition period,
- Article 95 suppliers based in a third country with a representative based in the United Kingdom must change and appoint one in the EU-27, before the end of the transitional period,
- UK marketing authorisation holders of a biocidal product must transfer it to a new holder based in one of the 27 EU countries, sufficiently in advance of the end of the transition period.
It should be noted that the United Kingdom will no longer be able to act as the reference Member State for the evaluation of an active substance or marketing authorisation. For this reason, since the United Kingdom's exit from Europe, the country has been obliged to transfer the dossiers for which it had been designated competent authority to another state, based in the EU.
Finally, a biocidal product must show on its label the name and address of the marketing authorisation holder. This means that if the authorisation is transferred following Brexit, the products in question will have to be relabelled..
Brexit: update and issues at stake
Voted in 2016, Brexit represents a major event of recent times. The saga has spanned several years, culminating in the United Kingdom's exit from the European Union on 31st January 2020 at midnight. Since then, a transition period has begun, during which the UK and the EU must negotiate the terms of their future relationship. Since June, neither party has been able to request an extension to this transition period. This means that an agreement must be reached before 31st December 2020, when EU regulations will cease to apply to the UK, and, if no agreement is reached, the borders with the UK will close.
For companies, particularly those in the rapidly growing biocides sector, Brexit and the current negotiations therefore represent a key challenge for 2020. EcoMundo keeps you informed of the developments on the subject and supports you in your compliance.