The EU Biocidal Products Regulation (BPR) governs the approval and use of biocidal active substances and products placed on the EU market. For boating, it is strategically important as it directly affects availability, maintenance, costs, innovation, and environmental performance across the sector. Antifouling coatings are critical to boating and the BPR directly shapes approval processes, market availability & legal certainty that are essential for the sector to ensure boating remains attractive. 
The BPR maintains a two-step approach that was already established in its predecessor Directive. The approach consists of firstly approving active substances and secondly authorising biocidal products containing such active substances. A report on the BPR implementation was adopted by the Commission in 2021. It identified several issues that hinder the proper functioning of the rules, in particular the continuous substantial delays in both active substance approval and product authorisation processes. The report also pointed to limited innovation regarding new biocidal active substances.  The findings of the consultation will inform a possible revision of the Regulation, which will be supported by an additional impact assessment at a later stage.

In its response to the consultation, EBI stresses the importance of effective antifouling solutions in preventing invasive species, reducing emissions, and supporting the sustainability and competitiveness of the recreational boating sector. While supporting a transition to more environmentally friendly technologies, EBI highlights the need to ensure continued availability of effective products during this shift. It calls for a more efficient and predictable approval system, better consideration of socio-economic impacts and sector-specific realities, and improved data collection based on real-life use. The paper also warns against regulatory fragmentation across EU countries, which could create uncertainty for industry and users.

The full position paper can be found on the EBI website.