My supplier is not included in the Article 95 list. Am I non-compliant?
It is often assumed that all active substance suppliers must be included in the Article 95 list. However, under the BPR, it is sufficient if one company in the supply chain is listed. Consequentially, if your supplier is not listed on the Article 95 list, this does not necessarily indicate their (and your) non-compliance.
When is inclusion of my supplier on the Article 95 list required?
Suppliers must apply for inclusion in the Article 95 list they:
- manufacture an active substance or imports it into the EU – on its own or in biocidal products
- manufactures or make available on the market a biocidal product consisting of, containing or generating an active substance
In other words, if your supplier is the first link in the supply chain (within the borders of the EU), your supplier must be included on the Article 95 list.
When is inclusion of my supplier on the Article 95 list not required?
If your supplier acts as a distributor, he does not have to apply for inclusion in the Article 95 list, granted that he purchases the active substance or biocidal product from a supplier listed on the Article 95 list.