Guidance On The Biocidal Products Regulation: Volume II: Efficacy Part A: Information Requirements
Guidance On The Biocidal Products Regulation: Volume II: Efficacy Part A: Information Requirements
Guidance On The Biocidal Products Regulation: Volume II: Efficacy Part A: Information Requirements
Version 2.0
May 2018
Guidance on the BPR: Volume II Part A
2 Version 2.0 May 2018
LEGAL NOTICE
This document aims to assist users in complying with their obligations under the Biocidal
Products Regulation (BPR). However, users are reminded that the text of the BPR is the
only authentic legal reference and that the information in this document does not
constitute legal advice. Usage of the information remains under the sole responsibility of
the user. The European Chemicals Agency does not accept any liability with regard to the
use that may be made of the information contained in this document
Reference: ECHA-18-G-04-EN
Cat. Number: ED-02-18-532-EN-N
ISBN: 978-92-9020-505-0
DoI: 10.2823/510705
Publ. date: May 2018
Language: EN
© European Chemicals Agency, 2018
If you have questions or comments in relation to this document please send them (quote
the reference and issue date) using the information request form. The information
request form can be accessed via the Contact ECHA page at:
http://echa.europa.eu/contact.
DOCUMENT HISTORY
PREFACE
The Guidance on the Biocidal Products Regulation – Part A (information requirements) is
to be applied to applications for active substance approval and product authorisation as
submitted from 1 September 2013, the date of application (DoA) of the Biocidal Product
Regulation (the BPR).
This document describes the BPR obligations and how to fulfil them.
The scientific guidance provides technical scientific advice on how to fulfil the information
requirements set by the BPR, how to perform the risk assessment and the exposure
assessment for the evaluation of the human health and environmental aspects and how
to assess and evaluate the efficacy to establish the benefit arising from the use of
biocidal products and that it is sufficiently effective (Parts B & C).
In addition to the BPR guidance, the Biocidal Products Directive (BPD) guidance and
other related documents are still considered applicable for new submissions under the
BPR in the areas where the BPR guidance is under preparation. Furthermore, these
documents are still valid in relation to the applications for active substance approval or
applications for product authorisation under the BPD that may still be under
evaluation. Also the Commission has addressed some of the obligations in further detail
in the Biocides competent authorities meetings documents which applicants are advised
to consult. Please see ECHA Biocides Guidance website for links to these documents:
[https://echa.europa.eu/guidance-documents/guidance-on-biocides-legislation].
The complete guidance series in support of the BPR is shown in the figure below:
The BPR guidance was developed based on the Technical Notes for Guidance (TNsG) on
data requirements under the previous legislation, the Biocidal Products Directive (BPD).
However, the information requirements compared to the BPD have changed in the BPR;
the major differences are:
1. The term information requirement is used instead of data requirement. The new
term reflects the fact that applicants do not, in all cases, need to supply data, i.e.
information originating from studies but also general information such as
addresses and names as well as (quantitative) structure–activity relationship
(Q)SAR and so forth.
2. The harmonisation with Guidance from other legal frameworks was a key
objective:
a. When applicable, endpoint sections entail a reference to a relevant REACH
(Regulation (EC) No 1907/2006 on Registration, Evaluation, Authorisation
and Restriction of Chemicals) Guidance if available;
b. When applicable, Guidance from the Plant Protection Products Regulation
(PPPR, Regulation (EC) No 1107/2009) – Uniform Principles is referred to.
3. The structure has been modified in accordance with the new BPR Annex
structure:
a. The core data set (CDS) and additional data set (ADS) are listed in the
same section.
b. The specific rules for adaptation from standard information requirements
(including those given by BPR Annex II and III column 3) are included in
the respective endpoint sections, where available.
4. The core data requirements have been modified and certain long term animal
studies are only required when necessary.
5. The BPR also allows for a more systematic approach to the adaptation of
information requirements based on exposure as well as the use of techniques
such as read-across, (Q)SAR and calculation methods.
6. The principle of proposing and accepting adaptations to the information
requirements has been formalised and Member States have to inform and, if
possible, assist the applicants with their adaptation requests.
7. It is possible to provide a reduced data package on a case-by-case basis when
applying for product authorisation, taking into account the nature of the product
and the expected level of exposure.
Applicability of Guidance
Guidance on applicability of new guidance or guidance related documents for active
substance approval is given in the published document “Applicability time of new
guidance and guidance-related documents in active substance approval” available on the
BPC Webpage1 [https://echa.europa.eu/about-us/who-we-are/biocidal-products-
committee] and for applicability of guidance for product authorisation, please see the
CA-document CA-july2012-doc6.2d (final), available on the ECHA Guidance page
[https://echa.europa.eu/documents/10162/23036409/ca-july12-
doc_6_2d_final_en.pdf].
1
Link available under Working Procedures (right column) [https://echa.europa.eu/about-us/who-
we-are/biocidal-products-committee]
Guidance on the BPR: Volume II Part A
6 Version 2.0 May 2018
Table of Contents
2.2.4 Point 7.4 Users, e.g. industrial, trained professional, professional or general
public (non-professional) ................................................................. 30
2.2.5 Point 7.5 Likely tonnage to be placed on the market per year and, where
relevant, for the intended major use categories .................................. 30
2.2.6 Point 7.6 Exposure data in conformity with Annex VI to this Regulation .. 31
2.2.6.1 Point 7.6.1 Information on human exposure associated with the
intended uses and disposal of the active substance ..................... 31
2.2.6.2 Point 7.6.2 Information on environmental exposure associated with
the intended uses and disposal of the active substance ............... 31
2.2.6.3 Point 7.6.3 Information on exposure of food producing animals and
food and feeding stuffs associated with the intended uses of the
active substance ..................................................................... 31
2.2.6.4 Point 7.6.4 Information on exposure from treated articles including
leaching data (either laboratory studies or model data) ............... 31
3 PART A: DOSSIER REQUIREMENTS FOR BIOCIDAL PRODUCTS .............................. 35
BPR ANNEX III, TITLE 1, 6 EFFECTIVENESS AGAINST TARGET ORGANISMS .......... 35
3.1 POINT 6 EFFECTIVENESS AGAINST TARGET ORGANISMS ............................ 35
3.1.1 Point 6.1 Function, e.g. fungicide, rodenticide, insecticide, bactericide and
mode of control e.g. attracting, killing, inhibiting ................................ 35
3.1.2 Point 6.2 Representative organism(s) to be controlled and products,
organisms or objects to be protected ................................................ 35
3.1.3 Point 6.3 Effects on representative target organisms. .......................... 36
3.1.4 Point 6.4 Likely concentration at which the active substance will be used
.................................................................................................... 36
3.1.5 Point 6.5 Mode of action (including time delay) .................................. 36
3.1.6 Point 6.6 The proposed label claims for the product and, where label claims
are made, for treated articles ........................................................... 37
3.1.7 Point 6.7 Efficacy data to support these claims, .................................. 37
3.1.8 Point 6.8 Any known limitations on efficacy........................................ 38
3.1.8.1 Point 6.8.1 Information on the occurrence or possible occurrence
of the development of resistance and appropriate management
strategies .............................................................................. 38
3.1.8.2 Point 6.8.2 Observations on undesirable or unintended side effects
e.g. on beneficial and other non-target organisms ...................... 39
3.1.9 Point 6.9 Summary and evaluation ................................................... 39
3.2 POINT 7 INTENDED USES AND EXPOSURE................................................. 39
3.2.1 Point 7.1 Field(s) of use envisaged for biocidal products and, where
appropriate, treated articles ............................................................. 40
3.2.2 Point 7.2 Product-type .................................................................... 40
3.2.3 Point 7.3 Detailed description of intended use pattern(s) for biocidal
products and, where appropriate, treated articles ............................... 40
3.2.4 Point 7.4 User e.g. industrial, trained professional, professional or general
public (non-professional) ................................................................. 40
3.2.5 Point 7.5 Likely tonnage to be placed on the market per year and where
relevant, for different use categories ................................................. 40
3.2.6 Point 7.6 Method of application and a description of this method .......... 40
3.2.7 Point 7.7 Application rate and if appropriate, the final concentration of the
biocidal product and active substance in a treated article or in the system
in which the preparation is to be used, e.g. cooling water, surface water,
water used for heating purposes....................................................... 41
3.2.8 Point 7.8 Number and timing of applications, and where relevant, any
particular information relating to geographical location or climatic
variations including necessary waiting periods, clearance times, withdrawal
Guidance on the BPR: Volume II Part A
8 Version 2.0 May 2018
periods or other precautions to protect human and animal health and the
environment .................................................................................. 41
3.2.9 Point 7.9 Proposed instructions for use .............................................. 42
3.2.10 Point 7.10 Exposure data in conformity with Annex VI of this
Regulation ..................................................................................... 42
3.2.10.1 Point 7.10.1 Information on human exposure associated with
production and formulation, proposed/expected uses and disposal 42
3.2.10.2 Point 7.10.2 Information on environmental exposure associated
with production and formulation, proposed/expected uses and
disposal ................................................................................. 43
3.2.10.3 Point 7.10.3 Information on exposure from treated articles
including leaching data (either laboratory studies or model data) .. 43
3.2.10.4 Point 7.10.4 Information regarding other products that the product
is likely to be used together with, in particular the identity of the
active substances in these products, if relevant, and the likelihood of
any interactions...................................................................... 43
REFERENCES AND BACKGROUND DOCUMENTS ...................................................... 44
APPENDIX 1 CHECK LIST FOR EFFICACY TESTS PRESERVATIVES ............................. 45
Figures
Figure 1: BPR guidance structure ......................................................................... 4
Figure 2: Structure of data/information requirements under the BPD and the BPR. ..... 14
Tables
Table 1: Section of Annex II BPR vs BPR Guidance Volume and section number ......... 9
Table 2: Section of Annex III BPR vs BPR Guidance Volume and section number ........ 9
Table 3 Three-column- structure of BPR information requirements in Annexes II and III
of the BPR. ........................................................................................................ 14
Table 1: Section of Annex II BPR vs BPR Guidance Volume and section number
Table 2: Section of Annex III BPR vs BPR Guidance Volume and section number
List of Abbreviations
Standard term Explanation
/ Abbreviation
(Q)SAR (Quantitative) structure activity relationship
ADS Additional data set
ASTM American Society for Testing and Materials
BPC Biocidal Products Committee (ECHA body)
BPD Biocidal Products Directive. Directive 98/8/EC of the European Parliament
and of the Council on the placing on the market of biocidal products
BPR Biocidal Products Regulation. Regulation (EU) No 528/2012 of the
European Parliament and of the Council concerning the making available
on the market and use of biocidal products
CAS Chemical abstract (Service or System)
CDS Core data set
CEN European Committee for Normalisation
CEPE European Committee for Paints and Inks
CIPAC Collaborative International Pesticides Analytic Council Ltd.
CLP Classification, Labelling and Packaging Regulation. Regulation (EC) No
(Regulation) 1272/2008 of the European Parliament and of the Council on
Classification, Labelling and Packaging of substances and mixtures
DG European Commission Directorate General
DoA Date of application
DWD European Drinking Water Directive (Directive 98/83/EC)
EC European Communities or European Commission
eCA Evaluating Competent Authority
EC methods Test Methods as listed in the Test Methods Regulation
ECHA European Chemicals Agency
EEC European Economic Community
EINECS European Inventory of Existing Commercial Chemical Substances
ELINCS European List of (new or notified) Chemical Substances
EN European norm
EPA Environmental Protection Agency
(DK, USA) (of Denmark, or the United States of America)
EPPO/OEPP European and Mediterranean Plant Protection Organization
Emission Scenario Document, Guidance developed under the BPD tailored
ESD
for biocides
EU European Union
FPD Flame photometric detector
g Gram(s)
GC Gas chromatography
GLP Good laboratory practice
ha Hectare(s)
ISBN International standard book number
ISO International Organization for Standardization
ISO International Organization for Standardization
(TC, SC, WG) Technical Committee, Scientific Committee, Working Group
ISSN International standard serial number
IUCLID International Uniform Chemical Information Database
IUPAC International Union for Pure and Applied Chemistry
JRC Joint Research Centre
kg Kilogram(s)
mg Milligram(s)
MOTA Manual of Technical Agreements of the Biocides Technical Meeting
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 11
2
The terms ‘EU’ or ‘Community’ used in this document cover the EEA States. The European Economic Area is
composed of Iceland, Liechtenstein, Norway and the EU Member States.
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 13
BPD
II A II B III A III B
Active Substance Product Active Substance Product
BPR
Specific rules for adaptation from Specific rules for adaptation from
standard information standard information
Unlike the BPD, the information requirements in Annexes II and III of the BPR are listed
in three columns:
column 1 contains the actual requirements,
column 2 indicates whether it is a CDS or an ADS,
column 3 contains waiving statements when applicable (see Table 1). General
rules for data waiving can be found in Annex IV of the BPR.
requirements and chemical safety assessment Chapter R.6: QSARs and grouping
of chemicals.
4. The information requirements have been specified in as much detail as possible.
However, in certain cases, expert judgement by the applicant and by the
competent authority (CA) may be necessary in order to assess, for instance,
whether an additional study is needed or on which organism or under which
conditions a test should be performed. The applicant should propose the initial
expert judgement, which is then examined during the evaluation. In making the
decision as to whether additional testing is justified, the benefit for the risk
assessment (including intended use), the compatibility with accepted risk
assessment rationales, and the feasibility of the required tests may have to be
considered. When providing an expert judgement one must, when relevant, take
into account both the proposed normal use and a possible realistic worst case
situation. Expert judgement decisions should be scientifically justified and
transparent. In certain cases, the final decision on information requirements is
made by the Biocidal Products Committee (BPC). Special attention is required in
cases where there are endpoints of concern and clearly defined or standardised
methods are lacking. Here, the applicant is obliged to investigate if relevant
methods are applicable. New test methods are continuously being developed and
it is the applicant's duty to be up-to-date with the state of science regarding test
methods.
5. It is always the applicant who is responsible for the submission of the data. All
data provided in the application must always be supported by study reports,
other data or a letter of access. The information submitted by the applicant on
both active substances and biocidal products, and also on substances of concern
present in the biocidal product must be sufficient for conducting a risk
assessment and an efficacy assessment, and decision-making both at EU level
and on the level of the individual Member States. The applicant should consult a
CA as to which data should be submitted. This will allow for proper risk mitigation
measures to be decided upon if an active substance is likely to fail the criteria for
entry into the Union list of approved active substances or if a product is likely to
fail the criteria to be authorised at national or EU level.
6. The data submitted by the applicant will form the basis for classification and
labelling according to the CLP Regulation (harmonised classification in case of
active substances and self-classification in case of biocidal products). The active
substances may be subject to harmonised classification for the first time or the
data can be used to review a previous harmonised classification.
7. The data and test requirements should suit the individual circumstances and thus
make it possible to assess the risks and efficacy under a range of conditions. The
following parameters should be taken into account when preparing the application
for authorisation:
a. The characteristics of the application technique,
b. The user type (e.g. professional or non-professional users), and
c. The environment, in which the product is intended to be used or into
which the product may be released.
8. Article 62 (1) of the BPR states that In order to avoid animal testing, testing on
vertebrate animals for the purposes of this Regulation shall be undertaken only
as a last resort. Testing on vertebrate animals shall not be repeated for the
purposes of this Regulation. Concerning the latter, further detailed rules are
provided in Article 62 (2) of the BPR. The data generated and collected under
other legislative regimes, especially under Council Regulation (EU) No 544/2011,
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 17
3
For more information see Technical Agreement for Biocides [https://echa.europa.eu/about-
us/who-we-are/biocidal-products-committee/working-groups]
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 19
In addition to the BPR guidance, Biocidal Products Directive (BPD) guidance and other
related documents are still considered applicable for new submissions under the BPR in
the areas where the BPR guidance is under preparation. Furthermore these documents
are still valid in relation to the applications for active substances for Annex I inclusion or
applications for product authorisation under the BPD that may still be under
evaluation. Also the Commission may have addressed some of the obligations in further
detail in the Biocides competent authorities meetings documents which applicants are
advised to consult. These document are available via a “related link” on the ECHA BPR
webpage [https://echa.europa.eu/guidance-documents/guidance-on-biocides-legislation]
This BPD Guidance and relevant documents should be utilised notwithstanding the
references to the BPD and without prejudice to the scientific content. The BPD Guidance
and related documents consist of:
Emission Scenario Documents (ESD) which represent the main guidance to
estimate the amount of substances released into the environment,
Technical Guidance Document (TGD) which forms the basis for the exposure- and
risk assessment of both active substances and products,
Technical Notes for Guidance (TNsG) which deal specifically with biocides and BPD
implementation,
The Manual of Technical Agreements (MOTA) which contains decisions from
Biocides Technical Meetings on the technical aspects of the risk assessment (EU,
2011a). The MOTA represents a living document, which is constantly updated.
Comments from the MOTA are included in this Guidance where considered
appropriate,
Technical Agreements for Biocides (TAB) which provides the agreements of the
Working Groups of the Biocidal Products Committee (WGs) in a concise format,
EU Evaluation Manual for the Authorisation of Biocidal Products (EU, 2012a).
which are scientifically appropriate. Their use needs to be justified. Recommended test
methods are listed in the endpoint sections.
According to point 6 (Effectiveness against Target Organisms) of BPR Annexes II and III,
tests 'should comply with the relevant requirements of protection of laboratory animals,
set out in Directive 2010/63/EU'.
Furthermore, point 6 of BPR Annexes II and III explains that 'Tests performed should
comply with… in the case of ecotoxicological and toxicological tests, good laboratory
practice…. or other international standards recognised as being equivalent by the
Commission or the Agency.' At the moment there are no “other international standards”
considered equivalent to GLP. Ideally, tests are carried out in accordance with Good
Laboratory Practice (GLP) or similar quality assurance systems (ISO), although this is
not mandatory for efficacy tests.
In addition, point 6 of BPR Annexes II and III declares that 'Tests on physico-chemical
properties and safety-relevant substance data should be performed at least according to
international standards.') The test methods for the physico-chemical properties are
described in the Test Methods Regulation (EC No 440/2008), whereas preferred tests for
the purposes of physical hazard classification are referred to in Part 2 of Annex I to CLP
Regulation, via references to the UN Recommendations on the Transport and Dangerous
Goods, Manual of Test and Criteria, UN-MTC (UN, 2009). The testing according to
international standards should be interpreted as testing carried out by laboratories
complying with a relevant recognised standard (e.g. ISO/IEC 17025, ISO 9001).
However, most of the methods listed in the Test Methods Regulation 'are developed
within the framework of the OECD programme for Testing Guidelines, and should be
performed in conformity with the principles of Good Laboratory Practice, in order to
ensure as wide as possible ‘mutual acceptance of data’. From 1 January 2014, new tests
for physical hazards must be carried out in compliance with a relevant recognised quality
system or by laboratories complying with a relevant recognised standard as stipulated by
Article 8(5) of the CLP Regulation. Where relevant recognised standards for testing are
applicable, the use of the most recent updates is advised, for example the EN and ISO
standards.
Where test data exist that have been generated before the DoA of the BPR by methods
other than those laid down in the Test Methods Regulation, the adequacy of such data
for the purposes of the BPR and the need to conduct new tests according to the Test
Methods Regulation must be decided on a case-by-case basis. Amongst other factors,
the need to minimise testing on vertebrate animals needs to be taken into account
(Article 90(2) of the BPR). Such a decision should first be proposed by the applicant
when collecting data for the application and then evaluated by the competent authority
when checking the completeness of the application and approving the justification
provided for such a case. If a test has been performed, that does not comply with the
Test Methods Regulation, the nature of the differences must be indicated and justified.
The same applies to deviations from the test protocol used. The test protocol should be
provided in full unless there is sufficient detail in the test report.
In certain cases, testing can be replaced by modelling using (Q)SAR, Quantitative
Structure Activity Relation. Guidance on information requirements and chemical safety
assessment Chapter R.6: QSARs and grouping of chemicals..
As a general rule, tests on the active substance should be performed with the substance
as manufactured. For some of the physical and chemical properties' tests, a purified form
of the substance is being tested, which is indicated by footnote 2 in Annex II column 1 of
the BPR, in other cases, the applicant is free to choose between testing on either purified
form or the form as manufactured as indicated by footnote 1 in Annex II column 1 of the
BPR. The “Active substance as manufactured” is the active substance in its natural state
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 21
Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface
water intended for the abstraction of drinking water in the Member States.
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater
against pollution caused by certain dangerous substances.
Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws,
regulations and administrative provisions of the Member States relating to the
classification, packaging and labelling of dangerous preparations.
Guidance on the BPR: Volume II Part A
24 Version 2.0 May 2018
Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the market; (BPD).
Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for
human consumption; (The Drinking Water Directive (DWD)). Consolidated version 2009-
08-07.
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the field of water policy; (The EU
Water Framework Directive, WFD). Consolidated version 2009-06-25.
Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004
on the inspection and verification of good laboratory practice; (GLP).
Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004
on the harmonisation of laws, regulations and administrative provisions relating to the
application of the principles of good laboratory practice and the verification of their
applications for tests on chemical substances; (GLP).
Directive 2006/118/EC of the European Parliament and of the Council of 12 December
2006 on the protection of groundwater against pollution and deterioration; The
Groundwater Directive.
Directive 2008/105/EC of the European Parliament and of the Council of 16 December
2008 on environmental quality standards in the field of water policy, amending and
subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC,
84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European
Parliament and of the Council; The Priority Substances Directive.
Directive 2010/63/EU of the European Parliament and of the Council of 22 September
2010 on the protection of animals used for scientific purposes.
Decisions
2000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC
establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on
waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to
Article 1(4) of Council Directive 91/689/EEC on hazardous waste.
EC methods are published in the Official Journal of the European Union. The testing
methods are described in the Test Methods Regulation (Regulation (EC) No 440/2008).
They are regularly updated with new methods introduced as required..
EPPO Guidelines may be obtained from the Secretary of the European and Mediterranean
Plant Protection Organisation (EPPO), Paris, France (http://www.eppo.int/).
European Standards (CEN standards), transposed as national standards, can be
purchased from National Members and Affiliates of the European Committee for
Standardisation (CEN). Contact information for CEN National Members and also draft
European Standards may be obtained from the CEN Central Secretariat, Brussels,
Belgium (http://www.cen.eu).
ISO International Standards: orders should be addressed to the ISO member bodies
(non-USA users, if subscribing to Internet from a USA-based provider, should consult the
ISO member list for ordering ISO standards in their country) which are normally the
primary ISO sales agents, or for customers in countries where there is no member body,
to the ISO Central Secretariat, Geneva, Switzerland (http://www.iso.org/iso/store.htm).
OECD test methods can be obtained directly via their internet address
(http://www.oecd-ilibrary.org/environment/oecd-guidelines-for-the-testing-of-
chemicals_chem_guide_pkg-en).
US EPA Office of Prevention, Pesticides, and Toxic Substances Test Guidelines can be
obtained from the EPA website
(http://www.epa.gov/ocspp/pubs/frs/home/testmeth.htm).
VAH Standards can be purchases from the website of VAH, the German Association for
Applied Hygiene (http://www.mhp-verlag.de/en/home)
VDI Guidelines can be obtained from the website of VDI, The Association of German
Engineers (http://www.vdi.de).
WHO guidelines for efficacy testing can be obtained from WHO website
(http://www.who.int/whopes/guidelines/en/).
Guidance on the BPR: Volume II. Part A
26 Version 2.0 May 2018
2.1.4 Point 6.4 Likely concentration at which the active substance will
be used in products and, where appropriate, in treated articles
Please follow guidance in Section 3.1.4.
Ideally efficacy data on an existing biocidal product should be submitted. If this is not
possible, data on a “dummy product4” could be acceptable to demonstrate that the
active substance is capable of producing an effect on the target organism in a relevant
formulation.
As the intention of the evaluation is to demonstrate the efficacy of the active substance
in a formulation, it is important that testing, as far as possible, be carried out on a
formulation which only contains a single active substance.
Efficacy data packages for formulations containing two or more active substances are not
fully suitable for determining the activity contribution from the active substance under
evaluation. For that reason great attention should be paid to justify the contribution of
the active substance under evaluation to the total efficacy of the product. Information
about the mode of action/function of the other active substances present in the product
is also requested. For more details please refer to Volume II parts B+C, section 4.3.
The evaluation of the effectiveness of the representative product at the stage of active
substance approval is not as detailed as that carried out for product authorisation.
Nevertheless, the level of efficacy (e.g. the kind of activity “curative” or “preventive”)
have to be consistent with the uses claimed and fulfil the minimum requirements
mentioned in the active substance part (Guidance on the BPR: Volume II, Parts B+C).
2.1.6.3 Approval of the active substance
Where the innate activity of both the active substance and representative biocidal
product against the target organisms has been demonstrated, a recommendation can be
made for approval of the active substance.
Where the level of activity demonstrated for the representative biocidal product would
not normally be considered high enough for a product authorisation, the applicant should
justify why the levels of activity noted should be considered acceptable (e.g. where there
only is a dummy product containing only the active substance under consideration, or
where the active substance will always be used in combination with one or more other
active substances).
Where the applicant provides an acceptable justification, approval of the active
substance should still be recommended and the efficacy more fully addressed at the
product authorisation stage.
It is not necessary to demonstrate efficacy against all of the claimed target organisms at
the active substance approval stage. However, approval will only be granted for use
against those organisms for which efficacy has been demonstrated. Additional target
organisms may be added at product authorisation, but must be supported by suitable
efficacy data.
4 A “dummy product” is a product that is not fully formulated. It is not intended to be placed on
the market. For more information please consult section 4.4 of the Guidance on the Biocidal
Products Regulation Volume II Efficacy - Assessment and Evaluation (Parts B+C)
Guidance on the BPR: Volume II Part A
Version 2.0 May 2018 29
2.2.1 Point 7.1 Field of uses envisaged for biocidal products and, where
appropriate, treated articles
The intended and potential use should be indicated together with the fields of use. For
active substance evaluation at least one realistic use per PT should be given. Additional
uses may be identified and supported at product authorisation stage.
The information on the intended use should be in accordance with the uses presented in
section 2.1.1 of this guidance (BPR Point 6.1) and should be sufficient to allow an
approximate and realistic estimation of human and environmental exposure to the
product or treated article, respectively under conditions reflecting a representative use.
Additionally, it should be sufficient to allow an approximate and realistic estimation of
the efficacy of the active substance/biocidal product.
The uses intended should be relevant to the product type(s) under consideration.
Uses taking place outside the EU should be disregarded. Any operation carried out with a
view to exporting the biocidal product or the treated article outside the EU should also be
disregarded.
be indicated for wood preservatives. For uses not described in this standard, such
as curative or antisapstain products, see also Volume II, Parts B+C: PT 8.
For product-type 21, in addition to the fields of use, specify also if the product or
treated article, respectively, is intended to be used in marine environments, in
brackish water and/or in fresh waters. The uses should also distinguish between
for example, aqua-culture, buoys and other small static objects, sluice doors,
harbour constructions, oil rigs, inlet pipes of cooling water systems, marine
sensors, ships' hulls (e.g. deep sea, coastal, inland waterway vessels), etc.
For treated articles, intended and/or potential uses which show a specific
exposure pattern or specific use-conditions should be listed, even if they belong
to the same product-type (e.g. use for antimicrobial treatment of underwear, use
for treatment of food containers, etc.). If necessary, the applicant should suggest
use-categories which include similar exposure patterns, and/or similar use-
conditions relevant for efficacy.
2.2.5 Point 7.5 Likely tonnage to be placed on the market per year
and, where relevant, for the intended major use categories
An estimate of the quantity of the active substance placed, or to be placed, on the EU
market by the applicant (i.e. imported or produced) per year. The quantities for biocidal
use and in which product-type(s) should be given, and where relevant for the intended
major use categories, within each product-type. The quantities for use other than as a
biocide should be indicated, if available. In case of the renewal of approved active
substances, tonnage data should cover the last three years. For new substances not
previously marketed, production plans covering three years after authorisation should be
provided.
5
See also for additional information the Note for guidance (CA-May16-Doc.5.4.a- Final) User
categories of anticoagulant rodenticides: common understanding and adaptation to national
situations in case of mutual recognition - /CircaBC/SANTE/BPR -
Public/Library/documents_finalised
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Version 2.0 May 2018 31
only possible way to carry out a risk assessment is by active substance evaluation. It is
therefore important that the applicant for an active substance approval describes the
intended or potential uses in a way as detailed as possible so that the appropriate
exposure scenarios can be applied. Here it is noted that the applicant may not always
have this detailed knowledge, in particular with regards to treated articles imported into
the EU.
The applicant submitting an application for approval of an active substance (or for
authorisation of a biocidal product to treat an article) which is intended to be used in
biocidal products to treat an article must submit an exposure assessment. The
assessment can be based on model calculations with well supported default values
and/or measured laboratory leaching values, or based on the results of an exposure
study. For several product-types, information on leaching will be required as listed in
Volume IV Parts B+C (section 2) on product-type-specific data requirements on the
foreseeable route of entry into the environment based on the intended use.
It has to be decided on a case-by-case basis how detailed the exposure assessment has
to be: i.e. whether all intended uses in treated articles need to be covered or not. Here a
balance has to be found between the ability of the applicant to obtain all the relevant
information to carry out a detailed exposure assessment, the requirements for the
approval process and the relevance of each use in relation to the foreseen exposure.
The need for additional data needs to be judged on a case-by-case basis. The REACH
Guidance on exposure assessment on treated articles (ECHA) is very comprehensive and
can be applied in many cases. The OECD Guideline document on how to write emission
scenarios for the life-cycle step service life (OECD, 2008a) can also be useful.
2.2.6.4.1 Environment
Depending on the use, either the tonnage approach or an approach in which leaching
rates are determined from the treated article is required for the calculations. If the
tonnage approach is not used, information on the likely application rate must be stated
for the most relevant uses and modes of application. Generally, a detailed quantitative
description of the fields of use intended should be given to allow for a realistic worst-
case estimation of environmental exposure of the active substance (or any substances of
concern for applications for product authorisation). When using the tonnage approach, it
may be necessary to allocate a certain percentage of the overall tonnage to certain uses
if such uses have a different exposure profile. Information on the estimated service life
time of the treated article and possible reapplications, if relevant, is required.
In general, a tiered approach should be followed for leaching rate determination:
Tier 1: worst-case assumption where 100% of the active substance (and for
product authorisation applications – if present in the biocidal product – the
substance(s) of concern). The life time can be different and depends on the
product-type and use of the treated article.
Tier 2: validated laboratory leaching test. The uncertainty of using a laboratory
test to predict environmental concentrations should be addressed by using an
assessment factor.
Tier 3: semi-field tests or field studies. The duration of the field- or semi-field
study should reflect the exposure situation and enable an extrapolation to the
service life of the treated article.
The service life time of an article can be different and depends on the product-type and
use of the treated article. For polymers, default values for the life times of different
consumer articles are given in the OECD Emission scenario document on plastic additives
(OECD, 2009a). For wood preservatives, the service life time of treated timber is defined
by the mode of application and the use classes (OECD, 2009b). Guidance on
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extrapolation of leaching rates for life time calculations can be found in the Emission
Scenario Document for product-type 8 (OECD, 2000b).
For polymers, it has to be taken into account that leaching rates can vary quite
significantly depending on the type of polymer (polyethylene leaches less than
polyamide), the type of application (incorporation or coating) and of the use (a regularly
washed textiles leaches much more than a kitchen worktop). This observation will apply
for many other types of treated articles. For wood preservatives, no reliable method
exists to predict the leaching rate based on physico-chemical properties and therefore
leaching studies are normally required.
For some product-types like e.g. PT 1, 2, 4, 7, 9, and 10, the biocidal product is often
added as a premix concentrate to a surface treatment system or a polymer. The surface
treatment system or the polymer may subsequently be applied to a surface and/or
incorporated into the matrix from which leaching of the active substance(s) (and possibly
substances of concern) will take place. As these surfaces/matrices may have many
different characteristics, it is important that the applicant submits data for the leaching
behaviour of different types of surfaces/matrices which are likely to cover the worst-case
leaching behaviour. The emissions during service life are considered to be diffuse
emissions that usually cause exposure on a wider scale compared to local emissions.
Possible environmental emissions from articles treated with the same active substance
and similar exposure patterns should be summed up. Uses within the same exposure
pattern can be summarised to simplify the aggregated exposure assessment.
Further Guidance:
ECHA REACH Guidance on information requirements and chemical safety
assessment. Chapter R.17: Estimation of exposure from articles (ECHA);
Guidance note on leaching rate estimations for substances used in biocidal
products in PT 07, 09 and 10 (EU, 2010b);
Workshop on determination of the leaching rate from treated wood to the
environment (EU, 2005b);
OECD Test Guideline 313 Estimation of Emissions from Preservative - Treated
Wood to the Environment;
OECD Series on Testing and Assessment Number 107 Preservative- treated wood
to the environment: for wood held in storage after treatment and for wooden
commodities that are not covered and are not in contact with ground;
ENV/JM/MONO(2009)12 (OECD, 2009b);
CEN/TS 15119-2 (2012): Durability of wood and wood-based products -
Determination of emissions from preservative treated wood to the environment -
Part 2: Wooden commodities exposed in Use Class 4 or 5 (in contact with the
ground, fresh water or sea water) - Laboratory method;
CEN/TS 15119-1 (2008): Durability of wood and wood-based products -
Determination of emissions from preservative treated wood to the environment -
Part 1: Wood held in the storage yard after treatment and wooden commodities
exposed in Use Class 3 (not covered, not in contact with the ground) - Laboratory
method.
2.2.6.4.2 Human Health
In a tier 1 exposure estimation, the chemical composition of the article is used to assess
whether the total amount of the active substance (or substances of concern in case of
product authorisation applications) present in the article may exceed the AEL or
reference value. In a tier 2 assessment, exposure estimations may be refined by data
obtained in e.g. leaching tests. Such tests must be conducted in appropriate media (for
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example, artificial sweat, saliva, etc.). They should also be specific for the intended
material (for example type of polymer), use situation (for example mouthing, wearing on
the skin), consistency of the article (for example, hard, smooth or porous) and duration
of exposure. It is also important to obtain leaching rates during the service life of an
article because in many cases articles give a high level of exposure during the first
period of use and a lower level of exposure after repeated uses.
A special case of treated articles are food contact materials, which must also undergo a
dietary risk assessment (see data requirements in Annex II 8.16 and Annex III 8.8, 8.9
and 8.10). For this, the Guidance listed below is available.
In a real life situation, daily exposure to different articles treated with the same active
substance may occur. Consequently, an aggregated exposure assessment may be
necessary. Uses with the same exposure pattern can be summarised to simplify the
aggregated exposure assessment. If an active substance is used in a large number of
different consumer articles, it is likely that a consumer is exposed from multiple uses. To
reflect this in an exposure assessment, it may be considered as a first step to compare
the acute exposure of single characteristic uses to a chronic AEL value.
Further Guidance:
TNsG on Human Exposure to Biocidal Products (EU, 2007). This document
contains some models for exposure scenarios from treated articles in section
2.6.9. For scenarios not covered by the available models, the general principles
for secondary exposure assessment in the document should be followed in order
to build scenario-specific models;
Guidance for Food Contact Materials (Commission Regulation (EU) No 10/2011).
This regulation defines test conditions for migration studies. The migration
studies give amounts of substances in food or per surface area. Consumer
exposure is then calculated using the migration results and assuming a 60kg
person consuming 1kg of food in contact with 6.0dm2 FCM in a day. The EFSA
Note for Guidance for petitioners presenting an application for the safety
assessment of a substance to be used in food contact materials prior to its
authorisation (EFSA, 2008) is currently under revision and should be consulted
when finished for current body weight and food intake default values. It should be
noted that only plastic materials are covered by the regulation. Other materials
should be assessed in line with the principles for plastic materials;
Suitable exposure assessment models for specific scenarios available from other sources
may be used for the assessment of treated articles, e.g. a generic risk assessment model
for insecticide treatment of mosquito nets and their subsequent use (WHO, 2004).
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List the products, organisms or objects which are to be protected and against which
organisms or group(s) of organisms. Make it clear whether humans or animals must be
protected.
3.1.4 Point 6.4 Likely concentration at which the active substance will
be used
The likely use concentrations of active substance(s) and applied dose rate of product
should be stated for each use and method of application. When a dose range is
suggested an explanation should be given when to use the lower or upper limit. It should
be indicated and justified if the use concentrations are different in different parts of EU
and whether they should be different in different materials, for different use-conditions,
etc.
The dose rate used in the efficacy assessment and risk assessment should be consistent.
When a dose range is suggested efficacy should be demonstrated at the lower limit.
3.1.6 Point 6.6 The proposed label claims for the product and, where
label claims are made, for treated articles
The directions for use and the claims made for the biocidal product are included in a
summary of the biocidal product characteristics (SPC) in accordance with Article 22(2)
(BPR).
A label claim is information which is provided to the user which describes the biocidal
effects that will result from using a biocidal product under its normal conditions of use
(i.e. when it is used at the recommended dose/application rate, by the recommended
application method(s) and in the appropriate areas, etc.). The product label can only
include claims that are in line with the authorised uses, as given in the SPC 6.
Label claims should be as specific as possible, or if more general claims (such as “fast
acting”) are made, then they should be further clarified in the PAR where possible (e.g.
“fast acting – acts within 5 minutes”). If no clarification is provided, the evaluating
Competent Authority should ask the applicant to specify the claim. A judgement as to
what a normal user would reasonably expect from the claim should be made. The
evaluation should be made according to this claim and the directions for use should be
taken into account.
Please also refer to the specific section for the different PTs in Vol II, parts B+C of the
efficacy guidance (e.g. Appendix 1 and 4 for disinfectants, chapter 5.5.6.1 for wood
preservatives, chapter 5.7.1.1.7 for antifoulings, chapter 5.6.2.4.1 “Norms and criteria”
for rodenticides) to understand which requirements and pass criteria apply for certain
claims. For preservatives, it needs to be made clear whether the claims refer to curative
or preservative effects. Marketing statements that are not related to the biocidal function
(e.g. new fragrance, better formula) are not subject to the efficacy evaluation and
should not be stated in the product application. The claims demonstrated become part of
the products authorisation.
6
See also: European Commission Note for Guidance Linking biocidal label claims and the product
authorisation CA-March17-Doc.4.3 – Final
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For laboratory studies and field studies, practical aspects of designing and performing
tests on efficacy are described in the product-specific parts of Parts B+C.
The test method should measure a response and, as appropriate, an endpoint relevant
to the label claims. The method should employ an untreated control. However, this may
not be always possible for field studies.
Appendix 1 of this guidance provides a check-list for preservatives for the suitability of
the planned or submitted test.
Where earlier formulations of the product/treated article or other products/treated
articles containing the same active substances are cited as supporting evidence, all
relevant formulation details must be provided and the relevance of this evidence to the
current formulation must be fully justified, preferably through bridging efficacy studies.
The tests (and data generated) should be based on sound scientific principles and
practices. Although GLP is not required for efficacy studies, testing should be carried out
in accordance with a relevant quality standard, e.g. ISO 170257, ISO 90018 or GLP .
More detailed guidance on appropriate test methods is provided in Volume II Parts B+C .
10
Label(s) must be provided in accordance with Annex III, Section 12 of BPR. Please note that at the same
time the biocidal product labels are not part of the product authorisation.
11
See also Note for guidance (CA-Nov15-Doc.4.2- Final) Submission of example labels, instructions for use,
safety data sheets and models or drafts of the packaging, labelling and leaflets within an application for
product authorisation - /CircaBC/SANTE/BPR - Public/Library/documents_finalised
12
Article 69(2) of BPR.
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3.2.1 Point 7.1 Field(s) of use envisaged for biocidal products and,
where appropriate, treated articles
Please follow guidance in section 2.2.1 of this guidance.
3.2.5 Point 7.5 Likely tonnage to be placed on the market per year
and where relevant, for different use categories
An estimate of the quantity of the product or treated article, respectively, placed or to be
placed on the EU market by the applicant (i.e. imported or produced) per year. The
quantities for biocidal use and in which product-types, and where relevant, for the
intended major use categories within each of the product-types. The quantities for use
other than as a biocide should be indicated, if available. In case of the renewal of
authorisation, tonnage data should cover the last three years. For new products, not
previously marketed, production plans covering the next three years after authorisation
should be provided.
Where relevant, this information can be added to the confidential annex of the
application.
residues from treated tanks or basins for e.g. the subsequent batch of
aquaculture.
For product-type 21, instructions on the minimum drying time of the coating and
information on the effects of for instance, temperature and humidity on drying
have to be given, i.e. it should be indicated when the coating is dry enough to be
ready for launching and whether the coating should be washed before launching
in order to reduce the primary release into the aquatic environment. Furthermore,
a method for ensuring that a proper coating has been achieved should be given.
1i.e. the material becomes deteriorated by microbial growth under the given use conditions
2i.e. in which way do they deteriorate the matrix?
3i.e. in preventive use: inhibition of deterioration by harmful organisms; in curative use:
killing/controlling effect of harmful organisms
4Untreated controls including: the same material, the same product formulation without the active
substance
5 Where statistical analysis is possible, as a minimum, a mean and standard deviation should be
given. If applicable, statistical calculations can be done according to Annex V of IBRG
(www.ibrg.org) PDG16-007.2 Tier 1 Basic efficacy for biocidal Active Substances used to preserve
Aqueous based products.
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