EC derogation for use of copper ionisation in Legionella control
\'Essential use\' derogation allows the placing on the market of biocidal products containing copper for control of Legionella in water for human use
The European Commission has granted the UK an 'essential use' derogation that allows the placing on the market of biocidal products containing copper for control of Legionella in water for human use. The Commission published its decision in the Official Journal of the European Union on 15 February 2014.
The favourable decision by the EC allows for the continued use of elemental copper and the placing on the market of biocidal products containing copper while industry provides the data required under the Directive by a specified deadline. The derogation is for Product Types 2 (control of Legionella in water for human use, such as bathing and showering water) and 5 (control of Legionella in drinking water).
The EU Biocidal Products Directive and the national Biocidal Products Regulations 2001 no longer allowed the marketing and use of elemental copper as a biocide from 1 February 2013. The action has been taken at EU level under the Biocidal Products Directive because no manufacturer supported the use of elemental copper for use as biocides in these systems during a review period that ended in September 2011.
However, the Member States have argued that, in their territories, it is necessary to have an adequate range of technical and economic feasible alternatives available to control Legionella. For example, copper-silver ionisation systems are frequently used in hospitals, prompting the UK Health & Saftey Executive to submit a application for ’essential use derogation‘ to the EC to allow for the continued use of copper in Legionella control systems within the UK.
Further advice about the biocidal use of elemental copper can be sought from the biocides helpdesk biocides@hse.gsi.gov.uk and about responsibilities to control the risk of exposure to Legionella from COSHH.enquiries@hse.gsi.gov.uk.
