Link with REACH
The REACH Regulation (EC) No 1907/2006, which came into force for the entire EU on 1 June 2007, has an impact on the biocides regime as well.
The European REACH Regulation
In principle, the Reach Regulation covers all chemical substances contained in biocidal products, including biocidal active substances. When it comes to practical implementation, however, it should be noted that biocidal substances intended for biocidal uses are excluded from registration and authorisation under REACH (see Chapter 2 of the REACH Regulation, Substances regarded as being registered, Article 15, Substances in plant protection products and biocidal products, point 2; and Title VII, Authorisation, chapter 1, Authorisation requirement, Article 56 (4) b) General provisions, Exemptions).
Additional remarks
For biocidal substances which, as chemical substances, are intended for non-biocidal uses as well, the REACH Regulation applies without exception to all those (active) substance amounts that are intended for non-biocidal uses. Examples include ethanol, formaldehyde, Quaternary ammonia compounds, aliphatic acids etc. This is in keeping with the principle that only the use of a chemical substance (or microorganism) with biocidal potential - and the concentration at which it is used - determines whether the substance is a biocidal substance that falls in the scope of the BPR.
Although biocidal substances are, for their biocidal uses, exempted from the general authorisation requirements for chemical substances under the REACH Regulation, they are in principle not exempted from inclusion in Annex XIV, List of substances subject to authorisation (authorisation meaning in this context authorisation under REACH).
Restrictions on the manufacturing, placing on the market and the use of certain dangerous substances and preparations (Title VIII) apply to biocidal substances in biocidal products as well.