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FRENCH REPUBLIC Ministry of the Ecological and Inclusive Transition
16 October 2019

Decree No  of
Official Journal of the French Republic (JORF) No 0241 of 16 October 2019

on the ban on over-the-counter sales of certain categories of biocidal products, as defined by Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012, to non-professional users
Text No 2

NOR:
Decree No 2019-1052 of 14 October 2019 on the ban on over-the-counter sales of certain categories of biocidal products to non-professional users

NOR: TREP1908670D

ELI: https://www.legifrance.gouv.fr/eli/decret/2019/10/14/TREP1908670D/jo/texte

Alias: https://www.legifrance.gouv.fr/eli/decret/2019/10/14/2019-1052/jo/texte

Groups concerned: biocidal product suppliers, non-professional users.

Purpose: measures implementing Environmental Code Article L522-5-2, established by Article 76 of Law No 2018-938 of 30 October 2018 on improving trade relations in the agriculture and food sectors and healthy, sustainable and universally accessible nutrition, as regards the categories of biocidal products that cannot be sold directly over the counter to non-professional users.
Purpose: biocidal products.

Entry into force: the text shall enter into force on the day after its publication.

Notice: the decree lists the categories of biocidal products that cannot be sold directly over the counter to non-professional users in view of the risks they pose to human health and the environment. To sell these categories of products to non-professional users, suppliers must provide general information on the risks that the use of these products poses to human health and the environment. This information should relate in particular to hazards, exposure, suitable storage conditions, guidelines to be followed to ensure safe handling, application and disposal, and other, low-risk solutions.
Notice: the Decree lists the categories of biocidal products that cannot be sold directly over the counter to non-professional users taking into account the risks they pose to human health and the environment. It punishes the failure to respect the ban on the over-the-counter sale of these products as a fifth class offence.

References: this decree is issued pursuant to Article L522-5-2 of the Environmental Code. It may be consulted on the Legifrance website (http://legifrance.gouv.fr).
References: the Decree is issued pursuant to Article L522-5-2 of the Environmental Code established by Article 76 of Law No 2018-938 of 30 October 2018 to balance trade relationships in the agriculture and food sector and provide food which is healthy, sustainable and accessible to all; the provisions of the Environmental Code as amended by this Decree may be consulted on the Legifrance website (https://www.legifrance.gouv.fr).

The Prime Minister,

On the basis of the report by the Minister of State for the Ecological and Inclusive Transition,
On the basis of the report by the Minister for the Ecological and Inclusive Transition,

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products;
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, in particular Article 17(5) thereof;

Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, as amended;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (Text with EEA relevance);
Having regard to the Environmental Code, particularly Articles L522-5-2 and R522-1 to R522-25 thereof;

Having regard to the Environmental Code, particularly Articles L522-5-2 and R522-1 to R522-25;
Having regard to the Penal Code, in particular Article R610-1 thereof;

Having regard to Notification No 2019/xxxx dated [date] [month] 2019 to the European Commission;
Having regard to Notification No 2019/134 addressed to the European Commission on 25 March 2019, the observations of the latter and those of the Italian authorities;

Having regard to the public consultation carried out between [date] [month] 2019 and [date] [month] 2019;
Having regard to the observations made during the public consultation carried out between 14 March 2019 and 5 April 2019, pursuant to Article L123-19-1 of the Environmental Code;

Having heard the Council of State;
Having heard the Council of State (public works division),

Hereby decrees:

Article 1

In Book V, Title II, Chapter II, Section 5 of the Environmental Code (regulatory part), the following Article R522-16-1 is created:
In Book V, Title II, Chapter II, Section 5 of the Environmental Code (regulatory part), after Article R522-16-2, an Article R522-16-3 is inserted worded as follows:

Article R522-16-1:
‘Article R522-16-3. - Subject to the terms of the authorisations issued for various biocidal products in line with the aforementioned Regulation (EU) No 528/2012 of the European parliament and of the Council of 22 May 2012, the categories of biocidal products mentioned in Article L522-5-2 which may not be sold directly over the counter to non-professional users are as follows:

‘The categories of biocidal products mentioned in Article L522-5-2 of this Code which may not be sold over the counter shall be specified by an Order of the Minister for the Environment, after consulting with the National Agency for Food, Environment and Occupational Health and Safety, as stated in Article L1313-1 of the Public Health Code. These categories of biocidal products may be the following:
‘- products for which the development of resistance may be established or suspected from the data;

types of products as defined by the aforementioned Regulation (EU) No 528/2012;
‘- products for which cases of unintentional poisoning have been reported;

biocidal products as defined by the aforementioned Regulation (EU) No 528/2012;
‘- products not eligible for the simplified authorisation procedure mentioned in III of Article R522-16-2, for which the data establishes that they are frequently used in breach of the regulations intended to preserve human health and the environment, appearing on the marketing authorisation of the products or on the extended leaflet created by the manufacturer thereof.

all biocidal products containing particular active ingredients as defined in the aforementioned Regulation (EU) No 528/2012.

The categories of biocidal products shall be specified according to the direct or indirect risks they pose for human health or the environment, including in particular:

products to which organisms are suspected to have developed resistance;

products where cases of poisoning have been reported.’
‘An Order of the Minister for the Environment, issued after consulting with the National Agency for Food, Environment and Occupational Health and Safety, shall specify the biocidal products, potentially defined as all products containing the same active substance, or types of biocidal products, that shall fall under each of these categories. This Order shall determine the time the distributors have to implement the ban mentioned in the first paragraph on the over-the-counter sale of these products. ’

Article 2

Section 8 of Chapter II of Title II of Book V of the Environmental Code is amended as follows:
A paragraph worded as follows shall be inserted before the final paragraph of I of Article R522-25 of the Environmental Code:

In Section I of Article R522-25, the following new subparagraph 9 is added:

‘9. Directly selling any product stated in Article R522-16-1 of Section 5 of Chapter II of Title II of Book V of the Environmental Code over the counter to non-professional users’.
‘9. Selling one of the products mentioned in the last paragraph of Article R522-16-3 over the counter to non-professional users. ’

Article 3

The Minister for the Ecological and Inclusive Transition shall be responsible for the implementation of this decree, which shall be published in the Official Journal of the French Republic.
The Keeper of the Seals, Minister for Justice and the Minister for the Ecological and Inclusive Transition shall be responsible, within the scope of their respective competences, for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done on [date]
Done on 14 October 2019.

Edouard Philippe

By the Prime Minister:

Edouard Philippe
The Minister for the Ecological and Inclusive Transition,

The Minister of State for the Ecological and Inclusive Transition,
Elisabeth Borne

François de RUGY
The Keeper of the Seals, Minister for Justice,

Nicole Belloubet