Essential uses of biocidal products containing copper in Germany
In Germany, biocidal products containing copper may be made available on the market and used for essential uses in product-type 11 (preservatives for liquids in cooling and processing systems) on the basis of a general decree or after an approval procedure.
By Commission Decision 2014/395/EU, Germany can approve copper for the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of offshore oil and gas platforms, and other marine and coastal installations, and for the prevention of biofouling of the water inlet/pumps and throughout the entire pipework and waterway system of a ship.
The use for other biocidal applications in product-type 11 is not permitted in Germany.
Information on the approval of biocidal products containing copper in other Member States that are also affected by the aforementioned Commission Decision can be obtained from the competent authority of the respective Member States.
With the adoption of the general decree on 12 Dec 2014, the use of systems that release Cu2+ ions from elemental copper in situ as a preservative in fixed pipework and waterway systems is approved in Germany for the following areas of use:
For systems of the above type that were neither installed nor purchased by the time of publication of the general decree on 12 Dec 2014, an application for approval has to be submitted.
The application for approval must be submitted to the Federal Institute for Occupational Safety and Health (BAuA) and granted before the biocidal products are used. The biocidal product containing copper must not be used until it is approved for essential use in product-type 11.
Once all of the information is submitted, a decision is made on an application for approval within eight weeks.
In accordance with fee number 1.8.5 in Annex I to the Chemicals Cost Ordinance (ChemKostV), fees of 2,500 euros are charged for the processing of an application for approval for essential use in accordance with section 12g(3) of the Chemicals Act (ChemG).
Authorisation for the use of systems that release Cu2+ ions from elemental copper in situ as a preservative in the fixed pipework and waterway systems on ships, oil platforms and other marine and coastal installations can be granted until, at the latest, the time of approval or non-approval of copper as an active substance for product-type 11. After this time, these biocidal products can only be made available on the market and used if an application has been made for provisional authorisation or authorisation and the biocidal product has been authorised.
The general decree in German language as well as the application form for the authorisation of a copper-containing biocidal product of the product-type 11 for essential uses can be found on our German Website.