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GB Biocidal Products Regulation - Key changes under the new stand-alone regime

On 1 January 2021, Great Britain (GB) introduced a stand-alone regulatory regime governing the placing of biocidal products on the GB market. Such products are now regulated under: Great Britain Biocidal Products Regulation (GB BPR); Great Britain Classification, Labelling and Packaging Regulation (GB CLP); and Statutory Instrument 2019, No 720. In this paper, TSG Consulting’s biocides experts summarise the key regulatory changes, with a particular focus on Northern Ireland requirements, Article 95, establishment rules, and how active substance approvals and biocidal product authorisations are handled.

Stand-alone regime for Great Britain

Following the end of the transition period governing the UK’s exit from the European Union (EU), GB enacted a new, stand-alone regulatory regime. The new regulations provide continuing levels of protection for human health and the environment as well as structural proceedings for businesses placing biocidal products on the GB market.

The primary regulation governing biocides is the Great Britain Biocidal Products Regulation (GB BPR). The pre-existing EU BPR was officially copied across to GB law and amended to work more effectively in GB.

Several other EU regulations applying to biocides were also transcribed and enacted on 1 January 2021. These are:

  • The Classification, Labelling and Packaging Regulation (CLP now GB CLP) REACH (now UK REACH)
  • The Export and Import of Hazardous Chemicals – Prior Informed Consent (PIC now GB PIC) Regulation
  • Statutory Instrument 2019 No. 720 – The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019; and The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020. This piece of legislation implements the Government’s commitment for Northern Ireland-based businesses to have ‘unfettered access’ to GB for these regimes.

    The Statutory Instrument should be regarded as a modification into GB of the EU BPR, with amendments and supplements only, rather than a complete copy of the EU BPR.

The Health and Safety Executive (HSE) continues to be the UK’s competent authority for GB BPR as well as other regulations for the chemical industry.