The Ordinance on Biocidal Products (OBP) that came into force on 1 January 2024 introduces a declaration requirement with effect from 2025 according to Art. 30c for quantities of a biocidal product placed on the market. A declaration on the quantities placed on the market in the previous year must be submitted by 31 May each year. The new obligation applies for the first time in 2025, when quantities placed on the market in 2024 must be declared. The person who is the first in the supply chain in Switzerland to place a biocidal product on the market (= first-time placing on the market) is required to submit the declaration. This primarily concerns the marketing authorisation holders and manufacturers in Switzerland and Swiss importers of biocidal products whose marketing authorisation holders are located in the EU.
Retailers and direct points of sale (e.g. pharmacies) and professional or commercial users are not affected if they procure the authorised products from upstream parties in the Swiss supply chain.
Procedure
The report on the quantity of a biocidal product placed on the market must be made to the Notification Authority for Chemicals via the Swiss Product Register for Chemicals (RPC)
IMPORTANT: The deadline for declaring quantities of a biocidal product placed on the market is 31 May of the following year. No further declarations are possible after this date.
Special case: biocidal product families
Quantities of biocidal products placed on the market that are authorised as a biocidal product family do not have to be declared individually. One declaration per subfamily is sufficient. If there are several product entries in the RPC for one subfamily, the declaration on the biocidal product in the RPC should be made using the authorisation suffix 001 (e.g. CHZN1234.01.001 or CH-2020-1234.01.001). If a biocidal product family comprises five subfamilies, for example, five declarations must be submitted.
Special case: active substances generated in situ
In the case of category 1, 2 and 3 active substances generated in situ, the precursor is marketed for biocidal purposes. According to OBP, it is considered to be a biocidal product. As a result, the quantity of precursor placed on the market must be declared in the RPC. Certain active substances generated in situ are manufactured from two precursors. In this case, the quantities of both precursors placed on the market must be declared in the RPC.
Category 4 active substances generated in situ have no precursor that is marketed for biocidal purposes. According to Art. 2 OBP, in this case the active substance generated in situ is a biocidal product. As the active substance generated in situ is not placed on the market but generated in situ, it is not subject to the declaring obligation for quantities of biocidal products placed on the market. As a result, there is no declaring obligation according to Art. 30c OBP for category 4 active substances generated in situ.
You can find further information on active substances generated in situ here Link
Fees
No fees will be charged.
Good to know
The information communicated in the declaration is important for a number of reasons. Using the sales figures and taking into account toxicity, active substances can be prioritised for environmental monitoring and measurement data better interpreted. Based on additional information from the authorisation of biocidal products – such as in which product types and which subcategories they are used, or whether they are for private or commercial users – important insights on the use of biocidal products are expected: Where are the largest quantities used, and what are the risk-related areas of use of biocides in Switzerland? These insights on potential risks to health and the environment will enable targeted measures to be taken promptly to avoid poisoning and environmental damage to the greatest possible extent.
