This became the Directive 98/8/EC of the European Parliament or the Biocidal Products Directive. But what exactly are biocidal products ?

According to one of many Health & Safety Executive (HSE) documents produced to explain this complex subject, "biocidal products are any chemicals or micro-organisms, or mixtures of either or both, intended to control unwanted organisms, such as animals, insects, bacteria, viruses and fungi.

Products covered by these regulations are widely used in industry in general and in the home. They include wood preservatives, antifouling paints, disinfectants, products for controlling mice and rats and products for controlling insects such as cockroaches and ants".

Regulations introduced To implement the Biocidal Products Directive (BPD) the Biocidal Products Regulations (BPR) have been introduced and the HSE is producing much of the information about the BPR for anyone involved in the manufacture, supply and marketing of biocidal products.

"The BPR aims to provide a high level of protection for humans, animals and the environment; and contribute to the harmonisation of the European market for biocidal products and their active substances", according to the BPR's literature.

Negotiations on the directive finished late in 1997 and the final text was published in the Official Journal of the European Communities on April 24, 1998.

The directive was implemented in Member States on May 14, 2000. From that date all substances marketed and used in biocidal products had to be assessed. However, it is expected that a review will take some time and a period of 10 years has been scheduled for this process.

In Britain some biocidal products have been subject to our own national approval scheme since 1986, including antifoulants. But how does all this legislation impact on the marine industry ?

New coatings

Like most companies involved in this sector Jotun has been busy developing new antifoul coatings but due to the UK already having existing tight legislation and the 10 year implementation period, Tony Pawsey - UK agent for Jotun and Penguin Paints - feels he's not playing on a level field. He said that one of the company's biggest products, None Stop, is no longer available in the UK but a short trip across the channel to France finds the product still in the chandlery shops.

Although new products that fully conform to the BPR are close, the hot summer of 2003 has exacerbated the need for antifouling products of any kind.

The increased water temperature has promoted barnacle growth, a fact reported especially from yards on the south coast.

It is obvious that the effects of the new rules and regulations are very specific and it is dependent upon a company's product range as to the extent of the impact on sales of it's products.

Existing rules

Organisations such as British Waterways are unlikely to see any effect on its activities due to existing rules on antifouling and the exclusive use of high pressure water jets for hull cleaning being the only antifouling allowed. Similar reactions came from the BMF.

One of the largest companies in this area of paints and coatings is International Paints.

Dr Julian E Hunter, of the company's Product Regulatory Affairs department told us: "We (the EU) are currently part way through the transition period due to end in 2007 and data is currently being collected and collated from across whole of the EU on all active substances being used. Legislation will eventually cover 25 product groups in all, including things such as fly spray and disinfectant, and antifouling coatings".

He went on: "all companies within this sector are all currently working to develop products that will meet the new legislation and International no exception. They will have, in place, a full range of products to meet all the legislation."

However under the new legislation only biocides that neither persist nor accumulate in the environment will be permitted.

The new rules and regulations are of great importance to the environment and to the people, many of which are employed by marine companies and organisations, who use such potentially hazardous chemicals. It's unlikely you would find anyone who would dispute the importance of protecting the environment and those that use it and live in it.

Benefits gained Similarly the benefits to be gained from having EU-wide regulations can only be welcomed.

The biggest challenge to the industry it would seem is, however, not the implementation of the regulations but having effective alternatives in place and in time.

As if to underline the issue still further at the end of 2003 the US Government Federal Register issued a statement that it intends to issue orders granting requests to cancel certain products including TBT (tributyltin) biocide. This will effectively bring the US further in line with many individual states and countries like Canada the EU and Australia.

This will mean the US will "move closer" to ban the use of TBT in all antifouling coatings. It is also expected that legislation will be put in place by the US Congress implementing the IMO Antifouling systems Convention of 2001. Such is the importance of coatings such as these that any loss of an effective alternative chemical method of antifouling may prompt the less scrupulous to cut corners and come up with their own, potentially far more lethal, alternatives.