Grace period biocidal products

Under specific conditions the Board can grant a grace period (delivery and run-down period) for an authorisation that is not renewed, or that is amended or withdrawn. The grace period is intended to provide time for the sector to become accustomed to the absence of a particular product on the market. These periods give the authorisation holder time to inform other stakeholders so that the sector can look for alternative products, and so that any remaining stocks can be used. The holder of the authorisation has to submit a Form W to request for granting a grace period.

How is the grace period determined?

The legal framework of the Biocidal Products Regulation (Regulation (EC) 528/2012) specifies a maximum duration for the grace period: 6 months for delivery and an additional 6 months for a run-down period.
There will be no grace period granted if an authorization expires. The risk of the product to humans, animals or the environment determines the length of the period the grace period. When determining the grace period, the Board takes in account:

• the severity of the risks to humans, animals or the environment.No grace period is granted if an unacceptably severe risk of the product to humans, animals or the environment is ascertained.
• the current stocks held by the authorisation holder or their suppliers.  if there is no stock no grace period will be granted.
• the season in which the product is traditionally used 
• the degree with which the chain could be surprised by the decision and the possibility to anticipate on an sudden withdrawal.

Exception

For Biocidal products based on an active substance included in the work programme of the Commission a longer grace period can be granted. An authorization holder can ask the Board to do so with a motivated request. The Board will apply this exception when it accepted the justification.