Quick Quote

Can We Help You?

Cathelco Authorised supplier of Copper based Anti-fouling systems

As the result of a new European Union law, Cathelco are one of the few manufacturers in the world listed as an authorised supplier of copper based anti-fouling systems for the marine and offshore market.

Effective from 1st September 2015, as part of the EU Biocides Regulation (528/2012), "a biocidal product cannot be made available on the EU market unless the Supplier is included in the Article 95 List".  This Regulation covers the purchase and use of ALL biocidal products (chemicals, chlorine, copper) in the EU and its waters.

 

  1. What is the EU Biocidal Products Regulation (528/2012) (EU BPR) and does it apply to my vessel?
  2. What is Article 95?
  3. What is the International Convention on the Control of Harmful Anti-fouling Systems on Ships and does this apply to my vessel?
  4. Does my marine growth prevention system (MGPS) need to comply with the EU BPR?
  5. Does the EU BPR apply to other marine growth prevention system, e.g. chemical or electrochlorination?
  6. Does the EU BPR apply to paint/coating systems?
  7. What if my marine growth prevention system (MGPS) is located in-board of the main sea valve e.g. in the strainers?
  8. Does the EU BPR apply to box cooler marine growth prevention system (MGPS)?
  9. Does the EU BPR apply to Impressed Current Cathodic Protection (ICCP) systems?
  10. Does the EU BPR apply to Ballast Water Treatment (BWT) systems?
  11. Are there any limitations on dosage rates?
  12. What types of vessels does the EU BPR apply to?
  13. Are there any special dispensations or exemptions?
  14. The vessel is a military vessel, does the EU BPR apply?
  15. Where does the EU BPR apply?
  16. What if I trade in the EU intermittently?
  17. What if I only sail a local/national route within the EU?
  18. What if I am in international waters?
  19. What if I am bringing an offshore structure into EU waters?
  20. I’m a non-EU registered vessel Owner or Operator, do I need to comply?
  21. The vessel is a new build, do I need to comply?
  22. The vessel was built outside of the EU, do I need to comply?
  23. The marine growth prevention system (MGPS) was bought or fitted outside of the EU, do I need to comply?
  24. The marine growth prevention system (MGPS) was supplied by a company outside of the EU, do I need to comply?
  25. Does the Cathelco MGPS comply with the EU BPR?
  26. How can I guarantee I have a legally approved anti-fouling (AF)/marine growth prevention system (MGPS)?
  27. Does Cathelco have Article 95 listing?
  28. My marine growth prevention system (MGPS) supplier is not on the Article 95 list of active substance suppliers, should I be concerned?
  29. What is the penalty, fine or cost incurred if I do not comply with EU BPRs?
  30. What is the risk of not complying with EU BPR?
  31. Can I fit Cathelco spare anodes to my current system and comply with the EU BPR?
  32. Can I fit other system spare anodes and comply with the EU BPRs?
  33. Is crew training required by the EU BPR?
  34. How does this affect my vessels Green Credentials / Green Passport?

 

What is the EU Biocidal Products Regulation (528/2012) (EU BPR) and does it apply to my vessel?
The EU Biocides Regulation (528/2012) (EU BPR) covers the sale and use of all biocidal products (chemicals used to control organisms) in the EU and its water.
Within Europe all biocidal products (chemicals) are reviewed on a regular basis, every 5-10 years or so; we are currently in a period of review.
It is important to note that all chemicals are being assessed under the EU BPR. A vessel owner, operator or fitting yard must check that the marine growth prevention (MGPS) chemicals used are supported in the EU BPR. Some chemicals have been excluded from the list of approved substances and others are not recognised as existing products, so there is the requirement to go through the same authorisation process before they can be sold or used in the EU.

What is Article 95?
Article 95 is the official list of Authorised Active Substance Suppliers. Companies named on the list have worked to approve the active substances and uses (Product Types) listed, by submitting the required data dossiers, so have been rewarded for their efforts by Article 95 listing.
As of 1 September 2015 a company must be listed on Article 95 – the list of approved suppliers of active substances, to be allowed to sell marine growth prevention systems (MGPS) (or any other biocide) in the EU. Only products from listed authorised suppliers can be sold or used in the EU; customers must be careful.
The following statement is taken from ECHA (the organisation in charge of biocidal products across the EU):
“As from 1 September 2015, a biocidal product cannot be made available on the EU market unless either the substance supplier or the product supplier is included in the Article 95 list for the PT to which the product belongs.”
See page 51-52 of ‘2015_active_subaance_suppliers_en_June.pdf’, only a handful of companies are on this list.
More information can be found at http://echa.europa.eu/regulations/biocidal-products-regulation/approved-...

What is the International Convention on the Control of Harmful Anti-fouling Systems on Ships and does this apply to my vessel?
This is an IMO convention which entered into force in 2008, prohibiting the use of harmful organotin compounds in AF paints. Essentially the ban on TBT in AF paints.
This is not related to, nor does it prohibit or control copper marine growth prevention systems (MGPS).

Does my marine growth prevention system (MGPS) need to comply with the EU BPR?
Yes, a vessel Owner, Operator and Yard must check that the marine growth prevention chemicals used are approved by the EU BPR.
Some chemicals have been excluded from the list of approved substances and others are not recognised as existing products so equally cannot be used until they are reviewed.
You can search for a chemical using the following link: http://echa.europa.eu/information-on-chemicals/biocidal-active-substances
MGPS are classified as Product Type 11 ‘Preservatives for liquid-cooling and processing systems’.

Does the EU BPR apply to other marine growth prevention system, e.g. chemical or electrochlorination?
Yes the EU BPR covers all chemical biocidal products including chemical and electrochlorination systems. All chemicals are under review.
A vessel owner, operator or fitting yard must check that the marine growth prevention chemicals used are supported in the EU BPR. Some chemicals have been excluded from the list of approved substances and others are not recognised as existing products, so need to go through the complete authorisation process before they can be sold or used.
You can search for a biocidal product using the following link: http://echa.europa.eu/information-on-chemicals/biocidal-active-substances

Does the EU BPR apply to paint/coating systems?
Yes, paints and coatings are classified under the EU BPR as a biocidal product and as such the EU BPR applies.
Paints and coatings are classified under Product Type 21 ‘Antifouling products’.
 
What if my marine growth prevention system (MGPS) is located in-board of the main sea valve e.g. in the strainers?
The system is still classified as a biocidal product used in the EU and still discharges a biocide into EU waters, therefore the EU BPR applies.

Does the EU BPR apply to box cooler marine growth prevention system (MGPS)?
Yes, the system is still classified as a biocidal product used in the EU and still discharges a biocide into EU waters, therefore the EU BPR applies.

Does the EU BPR apply to Impressed Current Cathodic Protection (ICCP) systems?
No the EU BPR does not apply to ICCP systems.

Does the EU BPR apply to Ballast Water Treatment (BWT) systems?
The EU BPR states that ‘Biocidal products which obtained final approval under the International Convention for the Control and Management of Ships’ Ballast Water and Sediments shall be considered as authorised’.
Where physical (e.g. UV treatment) rather than chemical methods are used in BWT systems these are not classified as a biocidal product.

Are there any limitations on dosage rates?
Yes every system is assessed based on dosage rate. For copper MGPS the maximum dosage rate used in the assessment is 25 ppb.

What types of vessels does the EU BPR apply to?
The EU BPR applies to ALL vessels which enter EU waters.

Are there any special dispensations or exemptions?
Exemptions from this EU BPR may be allowed where necessary, for example in the interests of defence.

The vessel is a military vessel, does the EU BPR apply?
Exemptions may be allowed where necessary in the interests of defence.

Where does the EU BPR apply?
The EU BPR applies in all EU member states (countries) and waters.

What if I trade in the EU intermittently?
Regardless of how often the vessel trades within the EU, as soon as it enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

What if I only sail a local/national route within the EU?
The EU BPR applies in all EU waters; whether your vessel is stationary or sails a short distance within EU waters, you must still comply.

What if I am in international waters?
The EU BPR only applies in EU waters. As soon as the vessel enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

What if I am bringing an offshore structure into EU waters?
As soon as the vessel enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

I’m a non-EU registered vessel Owner or Operator, do I need to comply?
Regardless of where the vessel, its Owner or Operator is registered, as soon as the vessel enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

The vessel is a new build, do I need to comply?
Yes, the EU BPR applies to all vessels which will sail into EU member states (countries) waters, regardless of whether it is a new build.

The vessel was built outside of the EU, do I need to comply?
Yes, the EU BPR applies to all vessels which enter EU waters, regardless of where it was built. Regardless of where the vessel was built, as soon as it enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

The marine growth prevention system (MGPS) was bought or fitted outside of the EU, do I need to comply?
Regardless of where the system was bought or fitted, as soon as the vessel enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

The marine growth prevention system (MGPS) was supplied by a company outside of the EU, do I need to comply?
Any sales made within the EU must comply with the EU BPR. Regardless of where the supplier is located, as soon as the vessel enters EU waters the marine growth prevention system (MGPS) used on-board must comply with the EU BPR in order to be used. If it does not comply the system must be switched off and may be removed.

Does the Cathelco MGPS comply with the EU BPR?
Yes, Cathelco have been heavily involved in the review of copper for use in MGPS, as such Cathelco are fully up-to-date and compliant with the EU BPR. Importantly Cathelco are listed on Article 95 – the list of approved suppliers of active substances.

How can I guarantee I have a legally approved anti-fouling (AF) / marine growth prevention system (MGPS)?
Own a Cathelco System and install only genuine Cathelco spare parts. You should only buy and/or use systems from suppliers who are included in the Article 95 list for the Product Type to which the product belongs (Product Type 11 for MGPS).

Does Cathelco have Article 95 listing?
Yes, Cathelco are listed in Article 95 – the list of Approved Suppliers of active substances. As such Cathelco MGPS are one of the few systems in the EU authorised for sale and use.

My marine growth prevention system (MGPS) supplier is not on the Article 95 list of active substance suppliers, should I be concerned?   
If your supplier is not on the Article 95 list of approved suppliers you must switch to an alternative supplier who is listed in order to comply with EU BPR. If you do not you are in breach of the EU BPR.

My marine growth prevention system (MGPS) supplier is not on the Article 95 list of active substance suppliers, should I be concerned?
If your supplier is not on the Article 95 list of approved suppliers you must switch to an alternative supplier who is listed in order to comply with EU BPR. If you do not you are in breach of the EU BPR.

What is the penalty, fine or cost incurred if I do not comply with EU BPRs?
Enforcement is a national responsibility; each member state (country) has an official system of controls and penalties for non-compliance. As an example, in the UK the EU BRP is enforced by the Health and Safety Executive (HSE) and the Trading Standards Office. Penalties include imprisonment or a maximum fine of £5,000, or both.

What is the risk of not complying with EU BPR?
Enforcement is a national responsibility; each member state (country) has an official system of controls, inspection regimes and penalties for non-compliance.

Can I fit Cathelco spare anodes to my current system and comply with the EU BPR?
Yes, if you use Cathelco spare anodes on your current system, irrespective of manufacturer, you will comply with the EU BPR.

Can I fit other system spare anodes and comply with the EU BPRs?
If anode spares are fitted which are not from Cathelco (or a company not listed in Article 95) they do not comply with the EU BPR and cannot be used in EU waters.

Is crew training required by the EU BPR?
No special crew training is required.

How does this affect my vessels Green Credentials / Green Passport?
If any biocidal product is found by the EU BPR to be hazardous to human health or the environment it will be put on the non-approval/non-inclusion list and cannot be used. These systems may also be listed on the vessel Green Passport / Inventory of Hazardous Materials (IHM). A system which complies with and is approved by the EU BRP is not classified as a hazardous material and will not be listed on the vessels Green Passport / Inventory of Hazardous Materials (IHM). Non-inclusion decisions, substances which may be listed on the Inventory of Hazardous Materials (IHM), can be found using the following link: http://ec.europa.eu/environment/chemicals/biocides/active-substances/non_inclusion_en.htm

 

 

 

 

Image: Copyright European Chemicals Agency

 

© 2016 - Global Services Ltd. All rights reserved.