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.
Section 1 Transitional Provisions to the Amendment
Inserted by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073).
Art. 62 Pending applications
1 An application for authorisation AL or AnL, or for recognition of a biocidal product, which is pending at the time the Amendment of 20 June 2014 to this Ordinance comes into force shall be evaluated by the Notification Authority in accordance with existing legislation. 2 The risk assessment of the active substance in the biocidal product for which an application for authorisation is pending shall, however, be carried out: a. in accordance with Articles 11–11f, if the active substance has not been approved by the European Commission or listed in Annex 2; b. in accordance with Article 11g, if the active substance is a candidate for substitution on the basis of a decision adopted by the European Commission. 3 Where the risk assessment of the active substance under the new legislation identifies concerns arising from the provisions newly applicable with the entry into force of the Amendment of 20 June 2014 to this Ordinance, the applicant shall be given the opportunity to submit addition
Art. 62 — Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073).
Art. 62a and 62b
Inserted by No I of the O of 20 June 2014 (AS 2014 2073). Repealed by No I of the O of 18 Nov. 2020, with effect from 15 Dec. 2020 (AS 2020 5125).
Art. 62c Treated articles
1 By way of derogation from Article 31 paragraph 1, a treated article may, after the commencement of the Amendment of 20 June 2014 to this Ordinance, be placed on the market for the first time until the date specified in paragraph 2 if it meets one of the following conditions: a. It was treated with or intentionally incorporates one or more biocidal products containing only active substances that are included in the list of notified active substances. b. For the active substances it contains, an application for approval for the relevant product type is submitted to the European Commission by 1 September 2016. c. It contains only a combination of active substances included in the list of notified active substances and active substances included in the list drawn up in Annex 2 for the relevant product type and use or included in Annex 1. 2 The treated articles specified in paragraph 1 may be placed on the market for the first time until one of the following dates: a. the date on which ap
Art. 62c — Inserted by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 1 — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817). Para. 2 — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817). Para. 3 — Repealed by No I of the O of 15 Nov. 2023, with effect from 1 Jan. 2023 (AS 2023 709).
Art. 62d
Inserted by No I of the O of 20 June 2014 (AS 2014 2073). Repealed by No I of the O of 18 Nov. 2020, with effect from 15 Dec. 2020 (AS 2020 5125).
Section 2 Final Provisions
Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2022 (AS 2020 5125). Amended by Annex No 1 of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
Art. 62e Transitional Provision to the Amendment of 18 November 2020
The following biocidal products, notwithstanding that they do not have a UFI on 1 January 2022, may be placed on the market at the latest until 31 December 2025 without indicating the UFI in accordance with Article 14a: a. biocidal products intended for professional users; b. biocidal products intended for private users and placed on the market before 1 January 2022.
Art. 62f Transitional Provision to the Amendment of 11 March 2022
Biocidal products that are labelled in accordance with the previous law pursuant to Article 10 paragraph 3 letter b ChemO may be supplied to third parties until 31 December 2025.
Art. 62f — Inserted by Annex No 1 of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220). SR 813.11
Art. 63 Commencement
This Ordinance comes into force on 1 August 2005.