What to do if an active substance is not included in Annex I

Biocidal products whose active substances have been refused must be phased out from the European market. This means they can no longer continue on the EU market after a particular deadline. This only applies to the products that come under the product-type for which the EU has prohibited the use of the active substance concerned.

An active substance is refused when a decision of non-inclusion in the positive list of the Biocidal Products Directive (Annex I) is passed for the product-type concerned.

Active substances that are no longer permitted are placed on a "negative list" (non-inclusion list).

Phase-out deadlines within the EU

Biocidal products with “non-included” active substances must be phased out under the transitional arrangements. This means they can no longer continue on the EU market after a particular deadline. The final phase-out date depends on the specific non-inclusion decisions, and can also be seen in the Commission’s overview of those active substances for which a decision of “non-inclusion” in Annex I to the Directive has been passed.

In addition to the lists of non-included active substances, the Commission has also prepared an unofficial list of all the non-included active substances, broken down by product-type with respect to which the active substance concerned may no longer be used.

See the unofficial consolidated list on the European Commission's website (PDF)

See the official non-inclusion decisions on the European Commission's website

Danish phase-out deadlines

Note that the phase-out in Denmark occurs in two stages, with one deadline relating to the resale of products containing the active substances concerned in all links in the retail chain and another deadline relating to possession of the products. This approach has been adopted to avoid excessive stockpiling within the retail sector.

Annex 4 to the Danish Statutory Order on pesticides contains a list of these deadlines. See Annex 4 to the Statutory Order on retsinfo.dk (in Danish)

Option to apply again

If you wish to have a refused active substance included in Annex I, you can apply to have the active substance re-evaluated by the EU. This could for example take place if a new applicant registers or if new information becomes available. The active substance will then be considered as a new active substance within the EU.
You can read more under the menu item "What to do if an active substance is new within the EU".