Twenty EU member states have informed Echa of an increase in the number of illegal and ineffective hand disinfectants appearing on national markets since March.
The Covid-19 pandemic has led to member states granting ‘health emergency’ permits, spurring new companies to produce these products and rush them to market to meet demand.
However, these companies may not have prior knowledge of the applicable legal framework. "Although many act in good faith and use all the available help offered by Echa and national authorities, some appear to be taking advantage of the situation," the agency said.
This has resulted in a large number of reported cases of disinfectants that do not have the required authorisation or permit, or that lack labelling of hazards.
Additionally, many countries have found that some products that claimed to be disinfectants have a formulation that is not sufficiently effective against viruses. This could be down to inadequate concentrations of active substances with virucidal activity that stops the spread of viruses, Echa said.
If a national enforcement authority decides that these products pose a serious risk to the health of professionals and consumers, it communicates the measures taken against them to the EU’s rapid alert system for non-food products (Rapex).
These authorities are performing inspections, including controls of online sales, to prevent ineffective products being marketed to consumers as disinfectants. Enforcement actions include fines and the removal of the products from the market.
Echa and the European Anti-Fraud Office (Olaf) have an agreement to share information in the context of inquiries related to Covid-19. In March, an Olaf unit responsible for combating counterfeit goods and illicit trade launched an enquiry into illicit trafficking of Covid-19 related products, including disinfectants.
Exemptions
In March, the European Commission published an overview of the substances and uses that have been exempted from the law in each EU member state to allow companies to quickly market disinfectant products.
Most member states are using Article 55 of the biocidal products Regulation (BPR), which allows them to put aside the standard authorisation requirements for some products in a situation of public health emergency. But each country is applying the derogation differently.