From 1 January 2025, the Ordinance on the Implementation of the Federal Act on Biocides (ChemBiozidDV) will introduce stricter rules for the purchase of biocide-containing products such as anti-fouling paints. What do you need to bear in mind?
Many everyday products such as mosquito repellent sprays, antibacterial cleaning agents or mold-free paints contain biocides that are designed to kill or harm living things. These are often used for underwater coatings on boats (so-called anti-fouling paints). If these are used improperly, they can pose a risk to the environment and health. Before each application, it should therefore be carefully checked whether there are more environmentally friendly alternatives.
For this reason, the Biocide Products Regulation (in short: ChemBiozidDV) was issued for the German market, which applies to buyers and sellers from January 1, 1925. In contrast to the Biocidal Products Directive, the Biocidal Products Regulation (and the associated Implementing Regulation) specifically regulates the provision of goods that have been treated with biocides, active substances manufactured in situ, and the nanoscale form of active substances.
From 2025, customers will no longer have direct access to anti-fouling products and will have to seek advice from knowledgeable persons
The essence of the regulation: Customers will no longer have direct access to these products and will have to seek advice from knowledgeable persons.
In addition, checks will be carried out to ensure that the necessary personal requirements are met to guarantee safe and environmentally friendly use. Proof of this can be provided, for example, by presenting a pleasure craft skipper licence. The personal requirements of the buyer must be checked in accordance with §11 para. 2 no. 1.
A mandatory “handover discussion” in accordance with §11 paragraph 2 number 2 also provides information on the environmental impacts and safe use. And: the sale of biocide-containing anti-fouling products, whether via brick-and-mortar stores or online orders, must in future be carried out by knowledgeable persons employed by the company.
Objective: to ensure that the customer meets the legal requirements, in order to be able to make the best decision for the protection of the environment and the care of the boat.
The implementing regulation mainly concerns copper-based antifouling products.
The ChemBiozidDV mainly concerns antifouling products that contain biocidal substances, such as copper and copper-based compounds. Specifically, the regulation applies, among other things, to antifouling products that are (still) approved in Germany and contain the following ingredients: isothiazolinone (DCOIT), dichlofluanid, copper flakes, copper oxide, copper pyrithione, copper thiocyanate, tolylfluanid, tralopyril and zineb.
The basis for this can be found in §10: Among other things, the regulation prohibits self-service, so that customers in stationary retail stores are not allowed to have free access to the corresponding products. This also means that the products must be stored in a secure and locked manner by the seller. §11 states that the sale of biocide-based antifouling products in stationary retail stores may only be carried out by knowledgeable sales personnel.
According to §11, paragraph 2, no. 1 (checking the requirements), the knowledgeable sales staff is obliged to check the buyer’s right of use and the ability to use the product as intended and properly.
And finally, §11 paragraph 2 no. 2 (dispensation talk) stipulates that the sales staff is obliged to provide information on the following points in a dispensing talk: preventive measures to combat pests and possible alternatives with lower risk, the correct and safe use of the biocidal product in accordance with the instructions, the risks associated with its use and how these can be reduced, important precautions for safe use and the correct storage and disposal of the product.
Incidentally, the provisions mentioned are also binding for online retailers in accordance with § 12. The handover discussion must be conducted by telephone or video transmission if a sale is made via a web shop or similar online platform. In addition, according to §13 (expertise), the sale of biocide-based antifouling products in stationary retail stores may only be carried out by knowledgeable sales staff employed by the respective company. For the sales staff, this means that they must have previously passed a knowledge test in accordance with §11 of the Chemicals Prohibition Ordinance.
The purpose of the standard: boat owners should be required to research alternatives to biocide-based paints before making a purchase
In view of the upcoming changes from 2025, the Watersports online shop SVB advises buying proven anti-fouling products as early as possible and stocking up for the next two years. Customers should expect longer waiting times when purchasing in-store or online from 2025 onwards.
In addition – and this is probably the real purpose of the standard – boat owners should find out about alternatives to biocide-based paints before buying. SVB advises that biocide-free antifouling products are a good alternative if the boat is used exclusively on inland waterways.
The following should be observed when storing antifouling: the antifouling should be stored frost-free in a dry and well-ventilated place at temperatures between 5 and 25 degrees Celsius. It should be protected from heat and direct sunlight. Depending on the manufacturer, unopened containers will generally keep for three years if stored properly. Opened containers should be stored in an airtight container and used within nine months. Stir well before use and after a long period of storage.
