Biocidal active substances and biocidal products are currently addressed in Directive No 98/8/EC of 16 February 1998 (the "Biocides Directive"). The main objective of the Biocides Directive is to ensure a high level of protection for humans, animals and the environment by limiting the biocidal products placed on the market to those that do not present unacceptable risks. This Directive will be repealed and replaced on 1 September 2013 by the EU Biocidal Products Regulation (Regulation (EU) No 528/2012).
In France, all citizens and organisations have been invited to contribute to a public consultation regarding a draft Decree recently published on the French Ministry of Ecology and Sustainable Development's website which relates to the implementation of the new Regulation into French law.
The draft Decree determines the period within which ANSES (Agence Nationale de Sécurité Sanitaire de l'Alimentation, de l'Environnement et du Travail – French Agency for Food, Environmental and Occupational Health & Safety) and the French Ministry of Ecology and Sustainable Development have to decide whether a biocidal product meets the conditions for being authorised and registered. It also seeks to clarify the French Environmental Code in order to simplify the rules governing the Chemical and Biocidal Products' Commission (Commission des Produits Chimiques et Biocides).The draft Decree also clarifies the vocabulary used in the French Environmental Code in order for it to be consistent with the vocabulary of Regulation No 850/2004 on persistent organic pollutants and the REACH Regulation.