Treated articles

Treated article is any substance, mixture or article which has been treated with, or intentionally incorporates, one or more biocidal products.

“Treating with” indicates that a biocidal product has been applied to a substance, mixture or an article, or, where relevant, to a component thereof. “Intentionally incorporating” indicates that the biocidal product has been utilised in such a way (typically during the manufacturing of the treated article) that it remains in a mixture or article and therefore becomes a part of it. However, in practice the distinction is of little significance for the application of BPR provisions.

The function of a treated article is the intended purpose for which the article is supplied and which it fulfils by one or more means. A treated article can have more than one function if it serves more than one purpose.

A biocidal function means the function of controlling effect on any harmful organism. A treated article with a biocidal function thus is an article which has amongst its intended purposes at least one that aims at exerting a controlling effect on any harmful organism. This function is not intended to protect the article itself or its original function, but to introduce an additional function which is biocidal.

A “treated article with a primary biocidal function” is a treated article that has one or more functions, of which one is a biocidal function that is of first rank, importance, or value compared to the other functions of the treated article. A treated article which only has one function, and when this function is biocidal, has by default a primary biocidal function. A treated article that has a primary biocidal function shall be considered a biocidal product.

If a substance or mixture, in the form in which it is supplied to the user, has an intentional biocidal function, it is covered by the definition of a biocidal product. It is therefore irrelevant whether the biocidal function is primary or secondary.

Provisions of BPR apply to treated articles in the form in which they are placed on the market (in the following also referred to as "finished goods"). It is evident that a finished good that has as such been treated with a biocidal product qualifies as a treated article. On the other hand, incorporation of a biocidal product could happen at any point during the manufacturing process. However, the notion of "intentionally incorporating" in the context of treated articles implies that the incorporation of a biocidal product is made with the intention of conferring a biocidal property (or even a biocidal function) to the treated article. Such an intentional incorporation can thus be expected to lead to a beneficial and desired effect in the finished good (e.g. protecting it from bio-degradation during storage or use). Following this notion of "intentionally incorporating", the scope of treated articles excludes such biocidal treatments or incorporation of biocides in a substance, mixture or article, or individual constituents thereof, which were made in the course of manufacturing merely in order to perform a specific biocidal function at that stage of the process, but which will not have an intended function in the finished good as placed on the market.

When a treated article has been treated with biocidal product(s), the label only has to mention those active substances that contribute to the biocidal properties claimed, or for which the conditions for the approval require such labelling.

Placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series. This means that even though a product model or type has been marketed or sold before the BPR has entered into force, individual units of the same model or type, which are made available on the market after 1 September 2013 must comply with these new requirements.

Packaging does not become part of the packaged article, but remains a separate article. However, packaging materials meeting themselves the definition of a “treated article” have to comply with BPR when placed on the market. Therefore, an importer placing on the market a treated article together with its packaging have to consider whether the packaging may constitute a treated article, and provisions BPR need to be observed.

Examples of treated articles and other product categories