Phasing out biocidal products when the authorisation has expired or changed
When an authorisation for a biocidal product has expired or been changed to such an extent that it has been given a new registration number, there are rules on phase out periods on how long you may sell, transfer or use the product.
The phase out periods for biocidal products are regulated in the Swedish Chemicals Agency's amendments to KIFS 2008: 3 and in the EU Biocidal Products Regulation. How long the phase out period is can vary between different products and depends on which rules the product is covered by. A product is subject to different rules depending on the active substances it contains and the status of the substances at EU level. The substances may be under evaluation in the EU review programme or be subject to approval or non-approval decisions. Since active substances are evaluated and approved for different product types, the product type of the product in question must also be taken into account.
Here you can find the European Chemicals Agency ECHA's database of active substances, where you can also see the status of the substances.
Standard times for the phasing out of biocidal products
For biocidal products that have been approved in accordance with the EU Biocides Products Regulation there is a sell-off period of a maximum of 180 days applies and an additional 180 days for end use, in accordance with the Swedish Chemicals Agency's regulations (KIFS 2008: 3) on pesticides. These times apply if the Swedish Chemicals Agency has not decided otherwise. Since the phase out periods are regulated directly in the regulations, information is listed on which approvals have been revoked or changed in special memoranda that are published on the web page for the pesticides regulation KIFS 2008:3.
The deadlines for biocidal products are published in Appendix 3 to the Swedish Chemicals Agency's regulations (KIFS 2008: 3) on pesticides, if the Swedish Chemicals Agency's decision deviates from the main rule.
The products 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 not more than 5 years after the authorisation has expired).
Phase out periods for EU decisions to approve active substances
If a product has been on the market in accordance with national rules during the evaluation period for the active substance, certain transitional rules apply when the substance is subsequently approved at EU level. Once an active substance has been approved at EU level for the product type in question, you need to submit an application for approval in accordance with the EU Biocidal Products Regulation for products with the active substance if you want the product to remain on the market. The application must be received no later than the date of the substance approval in order for the product to continue to be available on the market during the time for evaluation of the application.
If you choose not to apply for authorisation according to the EU Biocidal Products Regulation, the deadlines for sale are 180 days and 365 days for the use of existing stocks after the date of approval of the active substance, according to the EU Biocidal Products Regulation. These phase out periods apply to products on the Swedish market for which authorisation has not previously been required in Sweden according to national rules, if one chooses not to apply for approval in accordance with the EU Biocidal Products Regulation. They also apply to products that have been authorised according to national rules if you choose not to apply for authorisation according to the EU Biocidal Products Regulation.
If the application in accordance with the EU Biocidal Products Regulation has been submitted on time, but has been rejected or the product authorisation has changed, the deadlines for sale are 180 days and 365 days for the use of existing stocks after the day of the authority's decision.
The products covered by the above phase out periods are listed in special memoranda published on the web page for the pesticides regulation KIFS 2008:3.
Shorter deadlines because of EU decisions on non-approval of active substances
Where there is an EU decision not to approve an active substance in a particular product type, products in that product type containing the substance may be made available on the market for a maximum of 180 days. In addition, the remaining stock may be disposed of and used for a further maximum of 180 days. If other deadlines is stated in the decision not to approve the substance, these apply instead.
These deadlines apply if the Swedish Chemicals Agency does not decide otherwise in the individual case. Decisions in individual cases are listed in Appendix 3 to KIFS 2008: 3.
Previous Swedish practice on the phasing out of pesticides that are no longer authorised
For biocidal products that contain active substances that are still being evaluated, but which have not yet been approved or banned at EU level, previous national practice are most often applied. The phase out period for such products is usually one year for sales and another year for end use. Please note that this is only practice and that the Swedish Chemicals Agency can make 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).