On 18 March 2026, the Official Journal of the European Union published Commission Implementing Decision (EU) 2026/579 of 17 March 2026, which delays the expiry date of the approval of copper hydroxide as an active substance in product type 8 biocides, namely wood preservatives. This measure, adopted under Regulation (EU) No 528/2012 on biocides, is of direct importance to numerous companies in the chemical and construction sectors in Spain and throughout the European Union. If your business manufactures, distributes or uses wood treatment products containing this substance, you need to understand what this decision means and how to act.
What does this regulation establish?
The European Commission has decided to extend the authorisation of copper hydroxide as an active substance in biocides classified as product type 8, a category that covers wood preservatives. This extension does not constitute a definitive approval of the substance, but rather a transitional measure adopted in a very specific context: the evaluation process for the renewal of the approval could not be completed before the original expiry date.
The legal framework governing this decision is Regulation (EU) No 528/2012 of the European Parliament and of the Council, which establishes the rules on the making available on the market and use of biocidal products in the European Union. This regulation expressly provides for the possibility of delaying the expiry of an approval when the renewal evaluation cannot be finalised in time, thereby avoiding a legal gap that would be detrimental to both economic operators and the internal market.
In practical terms, this means that the approval of copper hydroxide for wood preservatives remains valid while the renewal process is concluded, the outcome of which will determine the definitive conditions under which this substance may continue to be used in the future.
Who is affected and how?
This decision directly affects all economic operators working with wood preservative biocides containing copper hydroxide. Specifically, the main parties affected are:
- Manufacturers of product type 8 biocidal products that include copper hydroxide in their formulation.
- Distributors of these products in the Spanish and European markets.
- Professional users who apply wood preservative treatments in their activities, particularly in the construction and chemical industry sectors.
For all of them, the main practical consequence is positive in the short term: they can continue operating with their current authorisations without the expiry of the original approval causing an interruption to their activity. There is therefore no immediate obligation to withdraw the affected products from the market or to cease their use.
However, it is important to emphasise that this situation is temporary and transitional. The final resolution of the renewal process will establish the definitive conditions of use for copper hydroxide, which could include restrictions, new requirements or, where applicable, non-renewal of the approval. Operators must therefore remain attentive to the evolution of this regulatory process.
What should you do to adapt?
Although the extension avoids an immediate interruption of activity, affected companies must adopt a proactive stance. Below we outline the most relevant steps:
- Verify your current authorisations: Check that the biocidal products you manufacture, distribute or use hold the corresponding authorisations and that these remain valid under the scope of this extension.
- Stay informed about the renewal process: The definitive decision on the approval of copper hydroxide is pending. Follow closely the publications of the EU Official Journal and communications from the competent authorities on biocides.
- Consult a chemical regulatory specialist: Given that the outcome of the renewal process may entail changes to the conditions of use, it is advisable to seek professional advice to anticipate possible adaptations in your production or distribution chain.
- Review your strategic planning: If copper hydroxide is a key component in your products, consider analysing alternatives or preparing contingency plans in the event that the renewal is unfavourable or includes significant restrictions.
- Consult the original regulation for specific details on deadlines, conditions and specific obligations arising from this decision.
Ultimately, the key at this stage is not to let your guard down. The extension provides a valuable window of time, but does not eliminate medium-term regulatory uncertainty. Companies that act in advance will be better positioned to adapt to the definitive conditions established by the European Commission.
Official source
You can consult the full text of Implementing Decision (EU) 2026/579 in the Official Journal of the European Union via the following link: View full regulation at official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions regarding your situation, please consult a qualified professional. Original source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202600579
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