National transitional requirements
The requirements for placing a biocidal product on the market in the transitional phase, i.e. prior to approval of the active substance for use in the relevant product type, are as follows:
The active substance must be notified in the review programme (EU No 1062/2014), and the notification must cover the product type in question. The notification must not have been withdrawn or changed in such a way that the product type in question is no longer covered by the notification. To find the status of a substance / product type combination, please see ECHA’s list of biocidal active substances.
Please note that all suppliers of active substances and biocidal products in the EU/EEA must either have submitted an active substance dossier or a letter of access to such a dossier, by September 1st 2015 (read more about this on ECHA's web page).
From September 1st 2015, a biocidal product consisting of, containing, or generating a relevant substance, cannot be made available on the EU market if the substance supplier or product supplier is not included in the list for the product type to which the product belongs.
A self-declaration form for companies making biocidal products available on the market and a letter of confirmation of supply to be used by product/substances suppliers included in the Article 95 list have been developed by the Commission. These templates can be used to document that the requirement is fulfilled (shall not be submitted to the Environmental Agency of Iceland unless specifically requested by us). The templates are annexed to the Commission document CA-May 15-Doc.4.13-Annex-Final.
Furthermore, general chemical legislation, e.g. REACH and CLP, also apply to biocides.
Upon decision of approval of an active substance in a certain product type, a Commission Decision is adopted, where a date for formal approval of the substance is given. This date is the deadline for the application of authorisation of the affected biocidal products.