The Council of Ministers approved this Tuesday a royal decree that tightens the storage, handling and marketing conditions for biocides in Spain. The rule prohibits keeping these products in homes, garages, vehicles and spaces intended for other purposes, and introduces new obligations for the companies and professionals that manufacture, distribute, store or apply them.
The regulation updates the national framework to complete the application of the European regulation on the marketing and use of biocides. Among its main new features is the obligation to register, in the Official Register of Biocidal Establishments and Services (ROESB), the establishments and facilities where these products are manufactured, packaged, stored or marketed. Biocidal services and fixed treatment installations must also be registered.
The regulation updates the national framework to complete the application of the European regulation on the marketing and use of biocides
The registration of establishments and services will correspond to the autonomous communities, although that of the services will be valid throughout the entire national territory. In addition, only products that have authorization in accordance with European regulations and are entered in the Official Biocides Register, which will be public and within the scope of the entire country, may be marketed and used in Spain.
New requirements for storage and handling
The royal decree establishes specific conditions to guarantee the safety of the facilities in which work is carried out with these products. Companies must meet requirements relating to their location, ventilation, signage, access control, containment of possible spills and waste management.
Biocides must be kept in their original containers and separated from food and animal feed. Labeling must be, at minimum, in Spanish and comply with European requirements. Likewise, personnel in charge of marketing them must provide professional users with the information necessary for their correct handling and use.
The rule also introduces new documentation and monitoring obligations for operations involving products of higher hazard.
What are biocides?
Biocides are substances or products intended to destroy, neutralize, or control harmful living organisms, such as bacteria, viruses, fungi, or pests. They are used in activities such as disinfecting surfaces, controlling insects and rodents, water treatment, or preventing legionella.
Their use is subject to specific regulation due to the risks they may entail for human and animal health and the environment if they are handled, stored, or applied improperly.
A new system to control the most dangerous biocides
The Government will replace the current Official Biocides Movement Book with a transaction recording system that will make it possible to track the acquisition, transfer, and application operations of the products considered to be of the highest danger.
Affected companies and professionals will have six months to implement this system. In addition, they will be required to keep for five years the documentation relating to authorizations, staff training, treatments carried out, transactions, and equipment maintenance.
Changes in the training of professionals
The royal decree also updates the training requirements for specialized staff who carry out treatments with biocides in areas such as disinfection, veterinary hygiene, pest control, the protection of food and drinking water, or the prevention of legionella.
Services that carry out treatments for third parties must have a technical responsible person who has the required training. For their part, applicators will have a period of six years to obtain the new qualifications or professional certificates.
Autonomous communities will take on inspection and control
The autonomous communities and the cities of Ceuta and Melilla will be responsible for monitoring the market, inspection, and official control of biocides within the scope of their powers.
The Ministry of Health will coordinate these actions with the competent departments in matters of the environment and agriculture, as well as with the regional administrations. The regulation also establishes mechanisms for exchanging information, communicating alerts about incidents and non-compliance, and applying the corresponding penalty regime.
The royal decree will enter into force on July 1 of the year following its publication in the Official State Gazette (BOE).