As of 1 September 2006, only those active substances as such or in biocidal products in the product type or types listed in the updated Annex II of EU Review Regulation (EC) No 1451/2007 may start or continue to be placed on the market within the European Economic Area.
Exemptions exist for certain substances or products that are normally consumed by humans or animals for their subsistence. These substances may also be used to attract or to repel harmful organisms until 14 May 2010. It was agreed that these substances should be excluded from the scope of the Biocidal Products Directive according to the Regulation 1451/2007 .
Derogations for essential use also allow Member States to apply under specific circumstances an extension beyond the 1 September 2006 to keep an existing active substance marketable. This exemption is stipulated in Article 5 of the new Review Regulation. Up to now 2 decisions concerning the acceptance of active substances for essential use were published by the European Commission.