Which biocides belong to the closed circuit?
Biocidal products that pose a high risk to your health belong to the closed circuit. The risk is assessed against a number of criteria, which are listed in Regulation (EU) No 528/2012. Biocides that fulfil one or more of these criteria are classified into the closed circuit (according to the Royal Decree of 4 April 2019) (NL/FR).
These are the criteria:
- According to the CLP Regulation (EC) 1272/2008:
- acute oral toxicity, category 1, 2 or 3;
- acute dermal toxicity, category 1, 2 or 3;
- acute toxicity by inhalation (gases and dust particles/haze), category 1, 2 or 3;
- acute toxicity by inhalation (fumes), category 1 or 2;
- carcinogenic, category 1A or 1B;
- mutagen, category 1A or 1B;
- toxic to reproduction, category 1A or 1B.
- The biocide is regarded as a PBT (Persistent, Bioaccumulative and Toxic substance) or as a vPvB (very Persistent and very Bioaccumulative substance).
- The biocide has endocrine disrupting properties.
- The biocide has developmental neurotoxic or immunotoxic effects.
- Personal protective equipment must be worn in order to use the biocide in a safe manner.
In the list of authorised biocides it is indicated for each biocide whether it belongs to the closed circuit.
What about biocides with a European authorisation?
Biocides that are authorised on the Belgian market under the Biocidal Products Regulation (EU) 528/212 are classified into the free or the closed circuit. Want to know which circuit a biocide belongs to? Consult the list of authorised biocides. Look in the column 'circuit' or read paragraph 8 of the authorisation act.
Do I have to take a training course if I want to use closed circuit biocides?
All employers are required to inform their personnel on the safe use of biocides. This applies to all hazardous substances, not only to biocides. In future, extra training may be imposed as regards certain product types. Currently, you only have to take a mandatory training course for fumigation products (which are brought to the market with a dual status) in the framework of the phytosanitary licence.
What is a ‘professional user’?
Anyone who buys or uses a closed circuit biocide in the context of a professional activity is a professional user. It does not matter whether that activity takes place within their own company or on third-party premises.
Do I have to register if a third party uses biocides on my company's premises?
When you use the services of an external company for, for instance, pest control or a thorough cleaning and disinfection, both the party purchasing the biocides and the party using them (within their own company or on third-party premises) have to register as users. There is no legal exception for companies who only buy a product and do not use it themselves. They also have to register. Only when an external company both buys and uses a product, without you coming into contact with it at any time, you are exempt from the obligation to register.
I am a recognised user and/or seller of class A biocides. Do I have to register again?
JYes. The recognitions of the class A system expire on the end date stated on the recognition. In addition, the recognition is personal. Closed circuit registrations take place on behalf of a legal person. In other words, you have to register your company as a professional user.
Are certain products or professions exempt from the obligation to register?
No, all professional users have to register. The old law contained a number of exceptions for professional users, but these no longer apply.
Do I have to register for the use of closed circuit biocides in my private swimming pool?
No, an exception has been granted for this in the authorisation act.
When registering, the following message appears: ‘e-mail address already in use’. What does this mean?
This means that you have already created a personal account for another application of the FPS (for example in the context of the phytosanitary licence). Log in with the same e-mail address and password through the registration tool to register your company as a professional user.
I already have an account for my phytosanitary licence. Do I have to register separately for the closed circuit?
Yes. Log in through the registration tool with the same e-mail address and password you use for your existing personal account (in the context of the phytosanitary licence).
When registering, the following message appears: ‘If you are a local administrator, please contact the FPS Public Health using the form provided on the website’. What does this mean?
This message is sent automatically by the management system of the FPS. You should be able to ignore this message and continue the registration process. In some cases, written confirmation will be requested. You will then receive an e-mail with a link to the form to be completed.
I do not have a CBE number, is that possible?
Every Belgian company has a CBE number, including public institutions and NGOs. You can also find your CBE number in the Crossroads Bank for Enterprises.
Can I create several accounts for my company?
No, you can only link one account to a CBE number. However, you can grant access to that account to several colleagues.
How do I grant access to the company's account to my colleagues?
Your colleagues first need to create a personal account. As the administrator of the company's account, you can subsequently grant access to your colleagues. This process is explained in the registration manual (NL/FR/DE).
I have access to the accounts of several companies, can I switch between them?
No. For now, this is not possible. Close the programme completely and log in again to open the other company's account.
How do I register as a foreign company?
If you have a CBE number, you can register as a Belgian company. If you do not have a CBE number, register as a foreign company by ticking the box ‘foreign’ during the registration process.
Do I have to check whether my customer (or supplier) is registered for the closed circuit?
No, everyone – customer, seller and supplier – is responsible for complying with their own closed circuit obligations. However, if you are a seller, you are required to inform your customers about their obligations.
Once you have registered, you can check in the left-hand menu of your account via the ‘list of enterprises’ whether your customer and/or supplier appear as registered in the application.
Do I have to register each delivery to a customer separately?
No, you can provide cumulated quarterly or annual figures per product and per customer. Invoice or delivery dates, numbers and references are optional and intended to keep things organised for you. This way, you can easily see which data you have already entered. The quantities sold each year must be entered before 31 January of the following year.
In addition to registration and reporting in the framework of the closed circuit, do I have to submit a separate statement for the calculation of the annual contribution?
Yes, as a seller, you have to submit annual statements of the quantities of biocides sold each year, both for those belonging to the free circuit and for those belonging to the closed circuit (via www.retributions.be). Based on this total quantity, the annual contribution you have to pay is calculated.
Do I have to include a specific statement on the label of a closed-circuit biocide?
No, no specific statement referring to the closed circuit is required on the label. However, you do have to include the following statement on your sales invoices or receipts: ‘This product is a closed circuit biocide.’
How do I register the export of closed circuit biocides (possibly after relabelling)?
You are required to report the quantity of biocides you export as ‘export’ in the registration tool.
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