The Council of Ministers gave the go-ahead this Tuesday to a new Royal Decree that updates the regulations on biocides, with the aim of completing the application of the European regulation concerning their marketing and use, and it also incorporates a specific transaction register for the most dangerous products.
According to the information provided by the Ministry of Health, the provision sets the conditions for the authorization, manufacture, packaging, storage, marketing and use of biocides. In Spain only those products that are authorized in accordance with European legislation and that appear entered in the Official Biocides Register, of state character and public access, may be sold and used.
Likewise, the establishments and facilities where biocides are manufactured, packaged, stored or put up for sale must appear in the Official Register of Biocidal Establishments and Services (ROESB). The obligation to register also extends to biocidal services and fixed treatment facilities.
The Royal Decree, whose entry into force is scheduled for 1 July 2027, specifies that management of the register will rest with the autonomous communities and that the registration of the services will be valid throughout the national territory.
Likewise, the regulation establishes requirements to ensure the quality of the products and the safety of the facilities, with requirements relating to location, ventilation, signage, spill containment, waste management and access control. It also bans the storage of biocides in homes, garages, vehicles and other spaces intended for different uses.
The products must be kept in their original containers and separated from food and feed. The labeling must appear, at a minimum, in Castilian and comply with European requirements. The staff responsible for their marketing must provide professional users with the necessary information for their correct handling and use.
New register for more dangerous biocides
The provision creates a transaction register system for the most dangerous products, which will replace the current Official Book of Movement of Biocides. This system, which must be put into operation within a maximum period of six months from the entry into force of the Royal Decree, will make it possible to trace the operations of acquisition, transfer and application.
The text establishes the obligation to keep for five years the documentation included in this register, relating to the authorizations, staff training, the actions carried out, the transactions and the maintenance of the equipment.
In addition, the Royal Decree updates the training required of specialized personnel who carry out treatments in areas such as disinfection, veterinary hygiene, pest control, the protection of food and drinking water for human consumption or the control of Legionella.
In this regard, it specifies that biocidal services that carry out treatments for third parties must have a technical responsible person who has the required training. The regulation grants a period of six years for personnel to obtain the new qualifications or professional certificates necessary.
Sanidad has indicated that the autonomous communities and the cities of Ceuta and Melilla will assume, within the framework of their powers, market surveillance, inspection tasks and the official control of biocides, while the Ministry will coordinate these tasks with the departments responsible for the environment and agriculture, as well as with the autonomous administrations.
The Royal Decree also regulates the exchange of information and the alert systems on incidents and non-compliance, and sets the applicable sanctioning regime.