ARTICLE 95
What is Article 95?
Since 1 September 2015, companies placing biocidal products on the EU market are legally required to be Article 95 compliant.
Compliance can be achieved by:
Having an active substance dossier, or
Purchasing a Letter of Access (LoA) from an already listed company, or
Buying the precursor (e.g., sodium chloride) from an Article 95 listed supplier.
Active Substance Dossier Types
The active substance dossier was divided into two categories in 2018:
Active chlorine generated from sodium chloride by electrolysis.
Relevant product types: PT 1, 2, 3, 4, 5, and 11
Active chlorine released from hypochlorous acid.
Relevant product types: PT 1, 2, 3, 4, and 5
Note: In November 2019, ECA Consortium was listed for PT 11 for active chlorine generated by electrolysis.
The ECHA Article 95 List
- A biocidal product cannot be placed on the EU market unless either the substance supplier or the product supplier is included in the Article 95 list for the relevant product type.
- In-situ producers can achieve compliance by sourcing salt from an Article 95 listed supplier.
- Approval of the active substance is a Union-wide approval, valid in all 27 EU countries.
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