A competent authority may not authorise the placing on the market of a product that contains an active substance on which the Commission has given a non-inclusion decision or to which restrictions in accordance with Annex XVII to the REACH Regulation (1907/2006) apply.
A list of active substances permitted in biocidal products can be found in Annex II to Commission Regulation (EU) Nr 1062/2014. However, the use of the listed products is not permitted:
- if the substance has not been notified in the product type in question. The deadline for the removal of products from the market of non-included products was 1 September 2006.
- if a notified or new active substance was non-included fully or in specific product types. Such products had to be removed from the market within one year of the entry into force of the decision. The Commission maintains a list of such substances and the dates of their removal from the market.
Applications can be submitted for the authorisation of non-included active substances as new active substances unless the non-inclusion was due to health or environmental risks or hazards posed by its use.
Any authorisations of non-included active substances issued previously by the Finnish Environment Institute (SYKE), the National Supervisory Authority for Welfare and Health (Valvira) or the Pesticides Board will be cancelled by Tukes. Tukes monitors biocidal products on the market and, where necessary, takes measures to remove non-included products from the market.