Biocidal Product Regulation (BPR, Regulation (EU) Nr. 528/2012)
Authorization of biocidal products
As of 1 September 2015, biocidal products may only be made available on the market if either the substance supplier or the product supplier is included in the list of active substance suppliers (Article 95 BPR). This also applies for biocidal products that are marketed during the transitional period. However, for biocidal products during the transitional period, compliance with Article 95 will be controlled by the local enforcement authorities. This also applies for in situ generated substances. (Biocide-Regulation EU No. 528/2012 of 2012/07/17)
Using NADES 2.0 in situ
For NADES 2.0 produced in situ, the following applies:
- Active substance: Active chlorine generated from sodium chloride by electrolysis (Redefined from Active Chlorine: manufactured by the reaction of hypochlorous acid and sodium hypochlorite produced in situ)
- Precursor: NaCl, sodium chloride
As stated in the note on the Management of in situ generated active substances in the context of the BPR, in situ generated active substances can be defined as substances, which are generated at the place of use from one or more precursors. It is however important to note that compliance with Article 95(2) shall only be required for those precursors supported under the review program and explicitly mentioned in Annex I of the note on the Management of in situ generated active substances in the context of the BPR .
Furthermore, for the purpose of compliance with Article 95(2), either the manufacturer or the importer of the precursors or the person making these precursors available on the market as biocidal products would need to be listed.
NADES 2.0 in situ
In case of the in situ production of NADES 2.0 salt (NaCl) at our customers, the above mentioned precursor, is considered to be the relevant biocidal product. Therefore, we ask our customers to only use approved salt (NaCl) to operate the generator and purchase it only from suppliers that are listed by ECHA on the Art. 95 List. Since many of the suppliers are wholesalers or small businesses and only resell the salt, ECHA has left open the possibility that in this case the original manufacturer has to be on the list. Ask your salt supplier, whether the manufacturer of the salt has been included on the Art. 95 List. aquagroup AG is cooperates with a consortium to authorize salt as a precursor.