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New regulation for registration, sale, publicity and labeling of biocidal products

A new royal decree amends the rules on advertising, labelling and registration of biocides in Belgium. Through this decree, the FPS Public Health clarifies the rules and procedures, taking into account the changes in European standards, and introduces advertising rules corresponding to those for plant protection products.

From 1 January 2025: Amendments concerning the registration and sale of biocides

Clarification of conditions for the sale and use of biocidal products 

Sale and use of biocides are only allowed when there is a valid authorisation or registration. The (biocidal) use is limited to the authorised uses, and must respect the conditions in the authorisation. For example, an expired biocide product may no longer be sold or used.

Authorisation holders must inform their distributors and customers of the deadlines for the sale and use of biocides 
and, upon request, explain free of charge how to dispose of biocides and their packaging correctly.

Registration procedure for biocide products

The processing of an application for registration of a biocide starts from the moment a dossier manager is appointed. Applicants will then be notified of the administrative admissibility of their application within 20 working days. The necessary data for a limited or full evaluation were updated in Annexes 1 A and B of the Royal Decree of 4 April 2019.

Objection to the decision to conduct a full evaluation : An objection to the decision is only admissible if it is sent by registered letter to the Biocides Service within 30 working days of the decision being sent. Elements that are part of or rely on data according to Annex 1, B are not valid arguments in the objection.

The registration of a biocide may be re-examined at any time, possibly leading to amendments, suspension or revocation. Suspended products are withdrawn from the market after 6 months, with possible exceptions.

An identical biocide can be registered with the same or slightly different conditions, such as a different packaging size, as long as this does not affect the properties or efficacy of the product. 

Temporary authorisations can be prolonged up to 550 days. Holders of temporary authorisations do not have to declare their sales every year or pay annual fees. However, this does not apply if the product was already authorised and the use was changed or extended through a temporary authorisation.

From 1 January 2027: New rules for advertising and labeling of biocides

Publicity

All advertising must include the product's trade name and authorisation, registration or notification number. The following sentences must be displayed (in French / Dutch) legibly and for a minimum time in video spots or other time-limited visual communication: ‘Use biocides safely. Read the label and product information before use', where the word “biocides” may be replaced by a clear designation of the advertised product type. The trade name and authorisation number should also be displayed for a minimum time.

Advertising of biocides with a danger score of 4 points or higher and aimed at the general public will be prohibited. The danger score (points) is determined in the Royal Decree on Fees of 13 November 2011, art.7, §2, and is mentioned in the product's authorisation act, under §7. (Score van product). Promotions or other special offers when purchasing biocides are also covered by this advertising ban. However, the minister may grant an exception to the advertising ban in emergency situations.

Labeling 

From 2027 on, the label should include the following information : 

  • the trade name of the product in accordance with the registration or authorisation;
  • any substance of concern present in the product; 
  • the quantity of the product in the package, unless stated elsewhere on the packaging.

The trade name and registration or authorisation number must be clearly visible together on the front of the label. This makes it easier to unambiguously identify a biocide product. This is an advantage e.g. in case of an accident, for communication with the Poison Control Centre.

Languages on the label: Biocides classified as dangerous must have a label in the 3 national languages (French, Dutch, German). However, for supplier details, contents, product identification, and additional information, Dutch and French on the label are sufficient. For German, reference can be made to a directly consultable label (label, QR code, etc.).

Biocides not classified as dangerous must have a label in the languages Dutch and French. Again, the information in German can be made available in a directly consultable way (label, QR code, etc.).

 

For full details, read the new decree 14 July 2024 - Royal decree amending the royal decree of 4 April 2019 on the making available on the market and use of biocidal products  (available in French and Dutch)

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