Content


ATTENTION

The new Royal Decree of 16 June 2018 amending the Royal Decree of 8 May 2014 amends the obligations regarding the classification of closed circuit biocides valid for sellers and users of the said biocides. This Royal Decree revises two matters:

  • In view of a paperless environment and a simplification of the tasks of both authorities and companies obligations to send in original and paper documents are henceforth lifted.
  • Simplification of the Closed Circuit system as follows:
    • With respect to users:
      1. As of 31 December 2018, users have to register with the online registration system before acquiring a closed circuit biocide.
      2. Users have to confirm once a year through the online registration system their registered user status, more specifically by 31 December.
      3. The obligation to report either their volume of purchase or volume of use has been lifted.
    • With respect to sellers:
      1. Sellers have to declare once a year the quantity of closed circuit biocides that they have sold over the previous year, more specifically by 31 December.
      2. Sellers have to state on theirinvoices and cash receipts: “This product is a biocide classified into the closed circuit.”

1. ONLINE REGISTRATION OF CLOSED CIRCUIT BIOCIDES

In Belgium sellers and/or users of closed circuit biocides are required to register with the online registration system since 20 May 2016. Moreover, sellers have to register their annual volume of sales online.

s'enregistrer Create a personal account

enregistrer_produit Register online

Simplified registration manual for sellers (to be published soon)

Simplified registration manual for users (to be published soon)

manuel_image  Registration Manual

The language of the online application automatically matches the language of your browser. In order to be able to access the desired language version you need to make certain that the language settings of your browser are adapted.

What are closed circuit biocides?

Biocides that are classified into the closed circuit may not be sold to the general public on the European market. Those biocides can be highly harmful to human health as they are liable to be toxic, carcinogenic, mutagenic, highly corrosive, etc. It is required that one wears personal protective equipment (PPE) when using them. Knowing how to store, use and dispose of them, as well as what to do in the event of an accident or intoxication is also a requirement. Such biocides are therefore primarily intended for professional use.

The list of authorised biocides and the authorisation act states whether a biocide belongs to the closed circuit.

Legal bases


2. Information for sellers / users

Why do you have to register?

EU Regulation No 528/2012 (Article 19) prohibits the placing on the market of biocides and their use by the general public if those products pose high human health risks (toxic, carcinogen, mutagen or corrosive).

Handling such products is only safe provided that one wears the required Personal Protective Equipment (PPE) and possesses the required knowledge for handling them, disposing of them, etc. Furthermore, professional training programs may be imposed by law.

The closed circuit is the implementation of Article 19 in Belgium and the registration system allows authorities to ensure that closed circuit biocides are not in free circulation on the Belgian market and ascertain whether they are or not.

What are your obligations?

SELLER (Articles 45 & 47 of the RD of 8 May 2014):

  • Registering with the closed circuit application before selling or purchasing a closed circuit biocide – refer to list of authorized biocides, the authorization act or the online register in order to know more about the status of the biocide.
  • Annually declaring the quantity of closed circuit biocides that you have sold over the previous year, more specifically by 31 December.
  • Stating on your invoices and cash receipts: “This product is a biocide classified into the closed circuit”.
  • Informing customers about their obligations (registration, PPE, transport, storage, training, etc.) regarding the biocide that you put up for sale.
  • Being aware of and complying with the obligations outlined in the authorization act of the biocide (storage, transport, training obligations, …)
  • Putting at your customers's disposal the PPE required for the use of closed circuit biocides if the general public (non-professional registered user) can have access to them.

USER (Articles 45 & 48 of the RD of 8 May 2014):

  • As of 31 December 2018, registering  with the closed circuit application before acquiring a closed circuit biocide – refer to list of authorized biocides, the authorization act or the online register to know more about the status of the biocide.
  • Annually confirming through the online registration system your registered user status, more specifically by 31 December.
  • Being aware of and complying with the obligations outlined in the authorization act of the biocide (accessible through the list of authorized biocides).

How to register?

A PDF manual provides all the information that you may need for the registration.

Once you have registered, you can manage your account autonomously, such as adding or removing the company’s contact persons or the persons you have appointed.

The language of the online application automatically matches the language of your browser. In order to be able to access the desired language version you need to make certain that the language settings of your browser are adapted.

What happens to the data registered?

Statements of sale and use are confidential information and will be treated as such by the FPS.
The information collected will only be used in accordance with EU and national laws (Regulation No 528/2012 and Royal Decree of 8 May 2014 concerning the making available on the market and use of biocides). The information will for instance allow for a mapping of the flow of closed circuit biocides sold across economic sectors, and will make it possible to reach sellers and users for awareness-raising actions, recommendations for use, and specific trainings, etc.
Ultimately, this legislation shoulw allow the FPS to gain a better insight into the sales and use in Belgium of biocides presenting a high health risk.


3. PUBLICATIONS

folderen Folder closed circuit

 manuel_imageRegistration Manual

 


4. CHANGE LOG-IN CREDENTIALS?

Password

Log-in address


5. FORGOT PASSWORD?

Forgetting


6. CLOSED

6.1. DEFINITION

6.1.1. What is a closed circuit biocide?

Some biocides present such a high risk that it is inadvisable to put them to the general public's disposal. That is why Regulation 528/2012 prohibits the use of biocides by the general public meeting one or more of the following criteria:

In accordance with CLP regulation (EC)1272/2008:
• Acute oral toxicity, categories 1, 2 or 3,
• Acute dermal toxicity, categories 1, 2 or 3,
• Acute inhalation toxicity (gases, dusts/mists), categories 1, 2 or 3,
• Acute inhalation toxicity (vapours), categories 1 or 2
• Carcinogenic, categories 1A or 1B
• Mutagenic, categories 1A or 1B
• Toxic for reproduction in category 1A or 1B
 
They meet the designation criteria as a PTB substance (persistent, bio-accumulative and toxic substance) or as a vPvB (very persistent and very bio-accumulative substance).
They present hormone-disrupting properties.
They have neurotoxic or immunological consequences for the development.
 
If it is required that one wears personal protection equipment, use of that product by the general public should not be authorised.
 
In Belgium these biocides belong to the "closed circuit" (according to the provisions of the RD of 8 May 2014).

6.1.2. How do I know if a biocide belongs to the closed or free circuit?

The authorization act or the list of authorized biocides states whether a biocide belongs to the closed circuit. All the information is to be found on the website www.biocide.be.

6.1.3. Where to find a list of the closed circuit biocides?

A list is to be found via the "interactive list of authorized biocides". Select "closed circuit" and any other relevant criteria and create your own list. 

6.1.4. Why does a biocide belong to the closed circuit?

A biocide belongs to the closed circuit if it can be harmful to human health and if it meets the criteria outlined in the Biocides Regulation 528/2012 and the Royal Decree of 8 May 2014. 

6.1.5. Is the closed circuit system applicable to biocides which are authorised according to the Biocides Regulation 528/2012?

Yes, any biocide that is authorized on the Belgian market is either classified into the closed circuit or the free circuit, as outlined in the provisions of the Biocides Regulation 528/2012 and the Royal Decree of 8 May 2014.

return to contents 6. closed circuit

www.circuitbiocide.be


6.2. CREATE AN ACCOUNT

6.2.1. Is it possible to create several accounts for my company via the closed circuit programme?

No, solely one account can be associated with one number from the Central Database for Enterprises. However, it is possible to give several people from the same company access to this account.

6.2.2. I would like to give my colleague access, but I don't succeed to do so. What should I do?

Your colleague must first create an account on the FPS website using his or her email address. Only thereafter it is possible for the local administrator to give access to this account, as outlined in the handbook for use. Please check whether you have entered the correct email address.

6.2.3. I have access to the closed circuit account of several different companies, how can I go from one account to another without closing the programme completely?

You cannot. This is currently not planned. You need to leave the programme every single time until the browser is completely closed. Subsequently, you need to reconnect and choose a new company during the connection procedure.

6.2.4. I have registered through the website www.circuitbiocide.be and received a message asking to fill out another form in order to obtain the rights to access the programme: "If you are a local manager, please contact the FPS Public Health using the form provided on the website." I don't manage to find that form.

This is a standard email which is sent by the account management system of the FPS. The guidelines are not up to date with the functioning of the closed circuit application. You should be able to carry on with the registration procedure as outlined in our handbook, which can be found at www.circuitbiocide.be. With your email address and the password that you have selected, you can log on via https://apps.health.belgium.be/biocideFrontOffice/ and link your account with your company using the company number.
A written confirmation may be requested by our service. In that case you will receive an email with a link to the form which has to be filled out.

6.2.5. I am a Belgian company/legal entity and I do not possess a number from the Central Database for Enterprises

Usually, every Belgian company has a number from the Central Database of Enterprises, even government institutions and non-profit organisations, for example. It is possible that this registration with the Central Database for Enterprises was done by someone else in your company. You can search for your Central Database for Enterprises number here: http://kbopub.economie.fgov.be/kbopub/zoeknaamfonetischform.html

6.2.6. I am a foreign company and I possess a number from the Central Database for Enterprises

In that case you may also register as a Belgian company in the closed circuit. Currently, the advantage of this for your customers is that the data relating to your deliveries can also be loaded up in bulk, as it can be for Belgian suppliers. The advantage for you is that you don't need to complete all of your identification details. Make sure that this number from the Central Database for Enterprises is known by your customers and is indicated in your invoices.

6.2.7. Message "email address is already in use" when I try to create an FPS account. What should I do now? Is it still possible to connect to the closed circuit?

If you have already created an account with the FPS for another application, you can use this one, with the same email address and password, in order to connect to the closed circuit. It is therefore not necessary to create a second account. Two accounts for one email address is not possible, and an error message will therefore appear.

6.2.8. I already possess a phyto-licence account , do I need to register for the closed circuit?

The phyto-licence and the closed circuit are two separate applications, but you can use the same personal account. The first stage of the registration is no longer necessary.

return to contents 6. closed circuit

www.circuitbiocide.be


6.3. SALE

  •  

6.3.1. I want to sell and/or use closed circuit class biocides as part of my professional activities. What steps am I required to follow?

Since 20/5/2016 you have to register as a seller through our online registration system. As of 31 December 2018, you will also have to register as a user through the same online registration system.

6.3.2. Do I need to check whether my customer is registered with the closed circuit?

No. It is the individual's responsibility to ensure that he/she complies with his/her closed circuit obligations. As regards the reporting of the quantities sold or purchased, it is not necessary for your customer to be registered prior to your reporting. However, as a seller, you have to inform your customer about the closed circuit obligations.

6.3.3. Does a private individual who uses a closed circuit biocide for his or her swimming pool have to register?

No, the authorisation act of closed circuit biocides for swimming pools will specify this derogation, namely that registration is not obligatory for private individuals who use closed circuit biocides for their private swimming pool.

6.3.4. We have to declare our volume of sales once a year. As regards some of our customers we provide them with our products several times a year. Do we have to add a separate line for each delivery?

You are allowed to add up the volume of sales per item and per customer for the annual declaration. The input of invoice (or delivery) dates, numbers and references is optional; this possibility is chiefly provided in order for you, the registering person, to be able to keep track of the data that you have already entered. The registration of volumes of sales applies to closed circuit biocides solely, not to all the biocides that you put on the market. A manual is available on our  website .

6.3.5. Do we still need to annually declare the quantities of biocides placed on the market?

Yes. In the future we will consider the possibility of automating the declarations regarding the closed circuit and the annual declaration. The obligation to annually declare free circuit biocides by 31 December remains in place.

6.3.6. What trainings do I have to attend if I want to use closed circuit biocides?

Employers are obliged to provide staff with all the necessary training for the safe and efficient use of biocides. This is valid for all hazardous products and not just biocides. In the future, and on a case-by-case basis, training may be imposed. For the time being there is a proposal for obligation regarding fumigation in connection with the phyto-licence, for fumigation products which fall under the double status of biocides and plant protection product.

6.3.7. I currently have an authorisation as approved seller/user of class A biocides. What procedure should I follow in order to convert them into closed circuit biocides?

You do not have to. Registration with the closed circuit is done under the name of a legal entity. You have to create an account under the name of your company through the online application and comply with the associated obligations. The personal class A system obligations are no longer in force.

6.3.8. In the specific case where we purchase a certain amount of closed circuit products in Belgium, and re-sell part of this amount  which is re-labelled for export purposes, what do we have to declare?

In that case the system offers the possibility to register this portion as 'export'. It is not an obligation, but we recommend that you do it. Otherwise, as you will appreciate, a 'virtual stock' will accumulate in the system and registration of volumes will no longer be accurate.

6.3.9. On the product label do we need to fully re-transcribe the obligations of the closed circuit biocides user ? Or is it sufficient to insert a generic sentence like "This product is subject to the closed circuit obligations."?

There is absolutely no obligation to insert an indication on the label pertaining to the closed circuit. We cannot impose this, given the existing rules relating to the labelling of products. Although some registered sellers do indicate this on their invoices for the sake of clarity;

return to contents 6. closed circuit

www.circuitbiocide.be


6.4. USE

6.4.1. I want to use closed circuit biocides as part of my professional activities. What steps am I required to follow?

As of 31 December 2018 you will have to register as a user through the online registration system.

6.4.2. What trainings am I required to attend if I want to use closed circuit biocides?

Employers are obliged to provide staff with all the necessary training for the safe and efficient use of biocides. This is valid for all hazardous products and not just biocides. In the future, and on a case-by-case basis, training may be imposed. For the time being there is a proposal for obligation regarding fumigation in connection with the phyto-licence, for fumigation products which fall under the double status of biocides and plant protection product.

6.4.3. I currently have an authorisation as an authorised class A biocides user. What procedure should I follow in order to convert it into a closed circuit one?

You do not have to. Registration for the closed circuit is done under the name of a legal entity. You have to create an account under the name of your company through the online application and comply with the associated obligations. The personal obligations of the class A system are no longer applicable.

6.4.4. Will the derogations anticipated for class A biocides users be upheld under the closed circuit system?

The derogations for certain professional users are not upheld in the closed circuit. As soon as a biocide belongs to the closed circuit, you need to register as seller or user. Go to www.circuitbiocide.be to find out about all your obligations.

return to contents 6. closed circuit

www.circuitbiocide.be


6.5. CLASS A/CLOSED CIRCUIT

6.5.1. What are the changes for sellers and users of Class A biocides following the introduction of the closed circuit as established by the Royal Decree of 8 May 2014?

The Class A and the closed circuit requirements are not entirely identical. In particular, certain closed circuit requirements must be satisfied in a different way.
The diploma requirements for obtaining the status of a registered seller, approved user or assistant to an approved user as specified in the royal decree of 22 May 2013, expired on 1 January 2016.
 
Since 1 January 2016 both sellers and users have to possess the required knowledge on the correct use of closed circuit biocides, and they are responsible for training their staff or the people working on their behalf.
 
It is possible that in the future, new and specific training programs become mandatory by royal decree. In that event, people who already have the status of a registered seller or approved user, will be subjected to adapted training requirements conditions.
 
The room reserved for toxic substances is imposed on sellers and users at least until 01/01/2016 as regards class A products. Since 01/01/2016 the closed circuit storage obligations are stipulated in the authorisation act. Existing storage requirements imposed by other regulations remain effective.

6.5.2. What is the regulation in force for the storage of class A biocides (or closed circuit biocides)? 

Since 1/1/2016 the storage conditions of the product concerned are stipulated in the authorisation act.

6.5.3. What is a professional user or use in the closed circuit context?

Any user of closed circuit biocides which takes place as part of a professional activity. A distinction is no longer made between use at the premises of a third party or at one's own business.

6.5.4. Does a private individual who uses a closed circuit biocide for his or her swimming pool have to register?

No, the authorisation act of closed circuit biocides for swimming pools will specify this derogation, namely that registration is not obligatory for private individuals who use closed circuit biocides for their private swimming pool.

return to contents 6. closed circuit

www.circuitbiocide.be