Ordinance on Biocidal Products (OBP)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Purpose
This Ordinance regulates: a. the placing on the market of biocidal products and of treated articles (Art. 2 para. 2 let. j); it also regulates, in particular, for biocidal products and for active substances for use in biocidal products: 1. the types of authorisation, including the recognition of authorisations of a Member State of the European Union (EU) or the European Free Trade Association (EFTA) and of Union authorisations, and including parallel trade in biocidal products, 2. the authorisation procedures, 3. the protection and use of owners’ data from previous applications for the benefit of subsequent applicants, 4. classification, packaging, labelling and the safety data sheet; b. particular aspects of the handling of biocidal products and treated articles.
Art. 1 — Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073).
Art. 1a Scope
1 This Ordinance applies to biocidal products and treated articles. In the absence of provisions to the contrary, biocidal product families are deemed to be equivalent to biocidal products. 2 With regard to biocidal products and treated articles consisting of or containing pathogenic microorganisms, the provisions of this Ordinance on placing on the market are also applicable to import for non-professional or non-commercial purposes. 3 This Ordinance does not apply to: a. biocidal products or treated articles which are placed on the market solely in accordance with legislation on therapeutic products, foodstuffs, feedstuffs or plant protection products for the specified purposes; b. the transit of biocidal products or treated articles under customs supervision, provided that they do not undergo any processing or transformation; c. the transport of biocidal products or treated articles by road, rail, water, air or pipelines; d. foodstuffs or feedstuffs used as repellents or attractants;
Art. 1a — Inserted by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 3 let. e — SR 916.307 Para. 3 let. e — SR 817.02 Para. 3 let. e — The reference was amended on 1 May 2017 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 3 let. f — Repealed by No III 2 of the O of 22 March 2017, with effect from 1 May 2017 (AS 2017 2593). Para. 4 — Inserted by No III 2 of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2593).
Art. 1b Changes to this Ordinance and priority of international treaties
1 Where it is empowered to do so under this Ordinance, the Federal Department of Home Affairs (FDHA), in consultation with the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Economic Affairs, Education and Research (EAER), shall make changes to provisions of this Ordinance concerning the authorisation and placing on the market of biocidal products in order to take scientific and technical progress into account. 2 Where procedural aspects for the authorisation or placing on the market of biocidal products are not specified in this Ordinance, the details shall be regulated by the FDHA, if it is empowered to do so, in consultation with DETEC and the EAER. 3 With regard to changes as specified in paragraphs 1 and 2, the FDHA shall take into consideration delegated acts or implementing acts adopted by the European Commission in accordance with Regulation (EU) No 528/2012. 4 Adjustments to technical details of minor importanc
Art. 1b — Inserted by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 3 — 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, OJ L 167 of 27 June 2012, p. 1; last amended by Regulation (EU) No 334/2014, OJ L 103 of 5 April 2014, p. 22. Para. 3 — Amended by Annex No 1 of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220). Para. 6 — www.anme
Art. 2 Definitions and applicable law
1 By way of clarification of the definitions given in the ChemA, in this Ordinance: a. biocidal products means: 1. substances, preparations or objects, in the form in which they are supplied to the user, consisting of, containing or generating one or more active substances, intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on, any harmful organism by any means other than mere physical or mechanical action, 2. substances or preparations generated from substances or preparations which are not themselves biocidal products as defined in number 1, and which are intended for the purpose for which biocidal products as defined in number 1 are intended; b. product type means one of the categories of biocidal products specified in Annex 10; c. manufacturer means any natural or legal person who, by way of profession or trade, manufactures or extracts substances or preparations. 2 In addition, in this Ordinance: a. substance of concern mean
Art. 2 — Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Art. 2 — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817). Para. 2 let. a — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). Para. 2 let. a let. 1 — Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous