EU Biocide Rules Update: New Carbon Dioxide Restrictions Under BPR
Country: European Union
Notification Date: 2026-03-02
The European Union has notified a draft Delegated Regulation under the WTO TBT Agreement, proposing significant changes to the use of carbon dioxide as an active substance in biocidal products. This amendment to Regulation (EU) No 528/2012 (the Biocidal Products Regulation - BPR) revises the restrictions for carbon dioxide in Annex I, Category 6, shifting from a specific device-based restriction to exposure-based limits for users and the public. This aims to broaden authorization possibilities while ensuring continued safe use.
Key Details- Country: European Union
- Document Symbol: G/TBT/N/EU/1194
- Notification Date: 2026-03-02
- Comment Deadline: Not specified
- Effective Date: Twentieth day following publication in the Official Journal of the European Union
This draft Regulation amends Annex I, Category 6, of the BPR by replacing the existing restriction on carbon dioxide, which specified 'Only for use in ready-for-use gas canisters functioning together with a trapping device.' The new restriction establishes exposure limits: professional users must remain below acceptable exposure concentrations, and general public users or bystanders must be below 0.1% volume/volume carbon dioxide. Necessary protection measures are also mandated. The change aims to facilitate broader authorization of carbon dioxide-containing biocidal products, provided these safety thresholds are met.
Impact Assessment- Which products or sectors are affected: Manufacturers, importers, and distributors of biocidal products (e.g., pest control) that utilize carbon dioxide as an active substance, particularly those under Annex I, Category 6 of the BPR.
- Potential impact on international trade: This amendment could open new market opportunities for a wider range of carbon dioxide-based biocidal products in the EU, provided they demonstrate compliance with the new exposure limits. Conversely, products unable to meet these stricter safety thresholds may face trade barriers.
- Compliance requirements for exporters: Exporters must re-evaluate their products and formulations to ensure they meet the new professional and public exposure limits for carbon dioxide. This may necessitate product redesign, revised usage instructions, and updated safety data sheets.
- Market access implications: While the goal is broader authorization, meeting the new exposure limits will be a prerequisite for market access. Businesses must demonstrate through robust assessment that their products ensure safe use under the revised conditions.
- Recommended actions for affected companies: Proactively review your portfolio of biocidal products containing carbon dioxide. Begin assessing current and planned products against the proposed professional and public exposure limits.
- Compliance timeline: The regulation enters into force 20 days after its publication in the Official Journal. Companies should closely monitor official EU publications for the final text and effective date to ensure timely compliance.
- Resources or contacts for more information: Consult the European Chemicals Agency (ECHA), relevant national competent authorities, and industry associations for detailed guidance and implementation support.
The EU's proposed amendment to carbon dioxide restrictions in biocidal products represents a crucial shift towards performance-based safety criteria. This change offers both opportunities and challenges for businesses. Proactive assessment and adaptation to the new exposure limits will be vital for maintaining and gaining market access in the EU under the Biocidal Products Regulation.
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Official Notification: https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/t/GTBTNEU1194.docx
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