Opinion: Are UK Biocides in Crisis?
In March 2025, the Health and Safety Executive (HSE) is due to release an update to the UK Article 95 List. The Article 95 list contains all of the suppliers that are supporting the approval of biocidal substances, and their associated product type. The update will likely result in the removal of more than 2,700 combinations of suppliers, substances, and product types, which will significantly reduce the availability of biocidal substances in the GB market. Once these substances are removed, not only can they not be used in biocidal products, but also within treated articles (substances that do not have a primary biocidal function, but that does contain biocides for other reasons, such as water-based paints).
Consequences for Biocidal Products and Treated Articles
All of this reduction is occurring as the article 95 list was originally grandfathered (copied) from the EU version as it stood on December 31, 2020, yest since then many companies have not decided to pursue continuing approval status within GB. This means that as substances reach their reapproval deadlines, many substances and companies are no longer able to supply the GB market.
The main reason behind the exodus of biocides from the GB market is down to cost, with the cost of accessing GB market being equivalent to that within the EU as a whole. This is causing many companies to cut their losses with substances where the GB market alone is unlikely to result in profit.
Market Impacts and Industry Concerns
The net result of all of this will be that not only will the number of substances on the UK market be reduced, but that those companies that do chose to remain within the GB market, will be able to increase prices due to a lack of competition. It could also have more long reaching affects, as newer substances are less likely to placed on the market, and resistance to existing substances could develop in a manner similar to what is being seen with anti-biotics.
What is even more concerning is that what we are now seeing with the BPR legislation, could yet be imitated by the incoming requirement to register under UK REACH, where again the cost of entry to the GB market is currently equivalent to access to the whole of the EU market. Ultimately it will end up with GB having access to significantly less substances, a reduced capacity to innovate when new substances are created and consumers and industry paying more for what substances have undergone registration.
Currently industry, associated bodies and even the government are concerned about the trends that are appearing, this was evident in the recent REACH consultation, where there was a proposal to significantly reduce the costs associated with registration. As to how this can be addressed, without reducing the high levels of protection also demanded as public awareness of the potential dangerous from chemicals only increases, is yet to be seen. It will likely take an initiative worked on by all parties, as without which GB will become a less chemically diverse country, with only larger corporations who are able to shoulder the costs being able to stay in the game.
Interested in learning more about biocides and their regulatory updates in the EU? Check out our article on Biocides, covering ECHA’s initiatives and their impact on compliance and safety.