When the authorisation of a plant protection product or biocidal product has expired, the holder of the product authorisation may no longer use, sell or transfer the product. However, those who are not the holder may use, sell or transfer the product during a phase out period.
Standard times for the phasing out of biocidal products
Biocidal products which have been approved in accordance with the Biocidal Products Regulation are given a statutory sell-off period of a maximum of 180 days and a further 180 days of final use. These periods of time apply in cases where the Swedish Chemicals Agency has not decided on an alternative.
In the case of biocidal products, the only decisions published in Annex 3 to the Swedish Chemicals Agency’s Pesticides Regulations (KIFS 2008:3) are those which deviate from 180 days. The products which are listed in Annex 3 but which do not have a phase out date for use may be used as long as they are included in Annex 3 (but no longer than 5 years after the end of the approval). In some cases, the phase out periods are listed in PMs published on the web site for the pesticides regulation KIFS 2008:3.
Shorter deadlines as a result of EU decisions on non-approval of active substances
In the case of an EU decision not to approve an active substance in a pesticide in accordance with Regulation (EU) 540/2011 on plant protection products or Annex II to the Regulation (EU) No 1062/2014 on biocidal products, the final dates for sale and use are those stipulated by the decision. If these final dates mean shorter deadlines for all transfer and use other than that normally determined in accordance with Swedish Chemicals Agency practice, the date that applies is the final date stipulated in the EU decision.
Regulation (EU) No 1062/2014 on the work programme for the systematic review of all existing active substances in biocidal products.
Past Swedish practice on the phasing out of pesticides that are no longer authorised
In the case of biocidal products containing active substances which are still being evaluated and which have not yet been authorised or banned at EU level, past Swedish practice applies. The phase out period of such products is usually one year for selling off and a further year for final use. Note that this is only practice, and that the Swedish Chemicals Agency may reach a decision on phase out periods for each individual product. Such decisions are always published in Annex 3 to the Pesticides Regulations (KIFS 2008:3).
The phase periods for pesticides are regulated by the Swedish Chemicals Agency’s Amendment Regulations to KIFS 2008:3. As described above, there are two different phase out models for biocidal products. Therefore, the way to find out which is the relevant phase out period is to check the status of the active substance at EU level. Since active substances are evaluated per product type, account must also be taken of the product type to which the relevant product belongs.