Antifouling: regulations

Antifouling paints are designed to protect boat hulls from fouling.

Between the need to protect hulls and their environmental impact, these active products need to be assessed on the basis of a benefit/risk analysis linked to the uses to which yachtsmen put them.

European regulations

Since 1998 and the introduction of the Biocide Directive, Europe has begun to regulate their use, by banning the most dangerous substances (raw materials) (ban on tributyltin -TBT in 2003) and then by regulating careening areas.

The Directive has now been transformed into a European Regulation. Its aim is to list all substances, control their use, protect consumers and limit their impact on the environment (European Regulation EU 528/2012 of the European Parliament and of the Council of 22 May 2012, known as the “Biocidal Products Regulation”).

In this regulation, active substances are classified according to their type of use: human hygiene, wood protection products, insecticides, taxidermy…..

Substances intended for antifoulings (product type 21) represent a dozen listed molecules, which have undergone eco-toxicological and environmental impact studies, assessing the benefit/risk ratio: as for medicines and plant protection products (source: ECHA).

At the time of writing (June 2023), here is the current status of active substances authorised for use in antifouling paints:

NAME OF THE SUBSTANCE

N° EC

N° CAS

AUTHORISATION

EXPIRATION

COMPETENT AUTHORITY

STATUS

4,5-Dichloro-2-octylisothiazol-3(2H)-one (4,5-Dichloro-2-octyl-2H-isothiazol-3-one (DCOIT))

264-843-8

64359-81-5

01/01/2016

31/12/2025

Norway

Approved

Bis(1-hydroxy-1H-pyridine-2-thionato- O,S)copper (Copper pyrithione)

238-984-0

14915-37-8

01/10/2016

31/12/2025

Sweden

Approved

Copper flakes (coated with aliphatic acid)

231-159-6

7440-50-8

01/01/2018

31/12/2025

Approved

Copper thiocyanate

214-183-1

1111-67-7

01/01/2018

31/12/2025

France

Approved

Copper, powder

231-159-6

7440-50-8

 

 

France

Initial application for approval in progress

Dicopper oxide

215-270-7

1317-39-1

01/01/2018

01/01/2026

FR

Competent authority evaluation

Dichloro-N-[(dimethylamino)sulphonyl] fluoro-N-(ptolyl)methanesulphenamide (Tolylfluanid)

211-986-9

731-27-1

01/07/2016

31/12/2025

Finland

Approved

Dicopper oxide

215-270-7

1317-39-1

01/01/2018

31/12/2025

France

Approved

Free radicals generated in situ from ambient air or water

 

 

Austria

Initial application for approval in progress

Pyrithione zinc (Zinc pyrithione)

236-671-3

13463-41-7

 

 

Netherlands

Competent authority evaluation

Medetomidine

811-718-6

86347-14-0

  

Norway

Approved – Renewal in progress

Zineb

235-180-1

12122-67-7

01/01/2016

01/01/2026

IE

Competent authority evaluation

Today, all antifouling paint producers must declare their finished products to the authorities.

Since 2018, formulators have also had to submit their formulas and eco-toxicological impact studies in order to obtain marketing authorisation (MA). These marketing authorisations are currently being assessed.

It is important to note that copper and its derivatives are active substances that are an integral part of the European biocide regulation.

Although copper is a natural element, it nonetheless has an impact. Article R522-39 of the French Environment Code specifies that “Advertising for a biocidal product may under no circumstances bear the words: “Low-risk biocidal product”, “non-toxic”, “does not harm health” or any other similar indication. The reference to a biocidal product must not be such as to mislead as to the risks of the product for humans or the environment.”

Promoting “organic” antifouling on the market is therefore prohibited.

To find out which biocidal products are officially marketed in France, visit this website: https://biocid-anses.fr/biocid#!

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