Biocides with hydrochloric acid type 2: the EU eliminates the extension and requires authorization review

Key data

If your company manufactures, distributes or uses type 2 disinfectant biocides with hydrochloric acid, the regulatory landscape has just changed. The European Commission has repealed Decision 2023/2619, which delayed the expiration date of the approval of this active substance. The result is direct: the approval of hydrochloric acid for type 2 biocides no longer has the temporary umbrella that kept it operational, and the affected products are in a regulatory situation that requires urgent review.

The regulatory reference is Implementing Decision (EU) 2026/2273, published on 13 October 2026 and effective from 12 October 2026. The reference framework is Regulation (EU) No 528/2012, which regulates the marketing and use of biocides in the European Union.

What does this regulation establish?

To understand the change, it is helpful to clarify the context. In 2023, Decision 2023/2619 delayed the expiration date of hydrochloric acid approval for type 2 biocides. That extension provided additional time for market operators to complete evaluation processes, reformulation or authorization of their products.

The new Decision 2026/2273 fully repeals that extension. The following table summarizes the specific regulatory change:

Type 2 biocides are disinfectants for surfaces that do not come into direct contact with food: floors, walls, industrial equipment, sanitary facilities, hospitality surfaces, among others. They are products widely used in sectors such as health, hospitality and industrial cleaning.

Economic and operational impact

The revocation of the extension has direct operational and economic consequences for affected companies:

• Risk of marketing unauthorized products: If a biocide product with type 2 hydrochloric acid does not have an independent authorization separate from the repealed extension, its marketing may not be legally supported.
• Reformulation cost: Companies that need to replace hydrochloric acid with another approved active substance will have to bear the costs of R&D, testing and new registration.
• Cost of new authorization: Obtaining a new biocide product authorization under Regulation (EU) No 528/2012 involves administrative and technical processes that can take months.
• Stock and distribution chain review: Distributors must verify the status of products in their catalog to avoid marketing items without regulatory coverage.
• Consultation with national authorities: The specific status of each product on the Spanish market must be verified with the competent national authority, as biocide authorization has a national dimension within the European framework.

Who does it affect?

• Biocide manufacturers that use hydrochloric acid as an active substance in type 2 products (disinfectants for surfaces not in contact with food).
• Distributors and marketers of disinfectant biocide products with this substance in their catalog.
• Health sector: clinics, hospitals, socio-health centers that use this type of surface disinfectants.
• Hospitality sector: hotels, restaurants and catering services that apply type 2 disinfectants in their facilities.
• Industrial cleaning: cleaning service companies and facility maintenance that use these products.
• Procurement and regulatory compliance managers in any company that purchases or uses surface disinfectant biocides.

Practical example

A professional cleaning product distribution company has in its catalog a surface disinfectant (type 2) whose main active substance is hydrochloric acid. Until now, that product remained on the market covered by the extension established by Decision 2023/2619.

As of 12 October 2026, that extension no longer exists. The company must do the following immediately:

1. Verify with the product manufacturer whether the authorization of that biocide remains in force on its own (that is, without depending on the repealed extension).
2. Consult with the competent national authority the updated status of the product in the biocide register.
3. If the authorization is not independently supported, withdraw the product from sale until regulatory confirmation is obtained or replace it with an equivalent with an approved active substance.

Failing to act in time could result in the marketing of a product without legal coverage, with the consequent regulatory and liability risk.

What should companies do now?

1. Identify affected products: Review the biocide catalog and locate all type 2 products that contain hydrochloric acid as an active substance.
2. Verify authorization status: Check whether each product has a valid authorization that does not depend on the extension repealed by Decision 2026/2273.
3. Consult with the competent national authority: Contact the national body responsible for biocides (in Spain, the Directorate General for Public Health) to confirm the updated status of each product on the market.
4. Evaluate the need for reformulation or new authorization: If the product does not have independent regulatory coverage, consider reformulation with an approved active substance or initiate the new authorization process under Regulation (EU) No 528/2012.
5. Review the distribution chain: Inform distributors and customers of the regulatory change and possible implications for products in stock or in the course of delivery.
6. Document all actions: Keep a record of the verifications performed and decisions made, as evidence of regulatory diligence in case of possible inspections.

Official source

Consult full regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602273