Examination of the antifouling paints legislation

The european legislation about biocides :

Antifoulings are regulated through the European directive 98/9/CE of february the 16th of 1998, effective since 2000. All biocides, including those present in the antifouling paints, are studied by European regulating authorities.

When a biocide is certified as acceptable by the European authorities, each member of the community has to give the authorisation of the product through a registration process.

Only 10 biocides are then following the process of qualification next to the European regulation authorities, acting under the EC n° 4051/2007 regulation which largely rests on the EC N° 2032/2003 regulation, stating :

In Europe there is a certain number of restrictions about the antifouling paint :

• Boats whose hulls have been treated with TBT are forbidden to drop anchor in European ports.
• TBT antifoulings cannot be applied to any boat registered in the European Union and cannot be used in a worksite within the European community.
• Sweden : Boats that only sail in the Baltic and North Seas must have a leaching rate of copper inferior to 55µg of copper/cm2 /day.
• United Kingdom : Irgarol 1051 and Diuron are forbidden for pleasure boats. Copper and its derivatives are allowed.
• The Netherlands : the use of copper is newly allowed. Diuron as a co-biocide is forbidden.
• Denmark : Irgarol 1051 and Diuron are forbidden for pleasure boats. Copper and its derivatives have a new authorisation.

U.S.A

Antifouling paints must have an authorisation to be sold on the federal market (the Agency for the Protection of the Environment) that has then to be approved by the States where they will be sold as an antifouling product. Copper is registered as an antifouling agent. Irgarol and ZPT can be combined with Copper in antifouling paints made for for pleasure boats.

A certain number of local restrictions about the utilisation of Copper in antifouling paints exists, especially in California, in the Bay of San Diego.

Canada

All the antifouling paints need a registration and an authorisation from federal organisations.
Antifouling paints containing Copper have to display a leaching rate inferior to 40ùg of Copper/cm/day. No other biocide can be combined with the Copper.

Australia et New Zealand

Copper is allowed in antifouling paints and is registered as a biocide by the organisations in charge of the two countries.

The rest of the world

The general rule is a registration of antfouling paints by the competent authorities of each country. There isn't any particular restriction about the use of Copper in antifouling paints.

The French legislation regarding the hule-cleaning process

In the Code of Maritime Ports, articles L. 325- 1 L . 325- 2, L . 325- 3, L . 322- 1, L . 322-2, R. 322-2 and 353-4 of Book 3, relative to the Maritime Police, deal with the administration of waste management, and with the settlement of containers for ship waste and cargo residue.

Therefore, maritime ports, including pleasure ports, must set up installations to receive the waste from ships in the port. For breaking these rules, there will be a 5th class fine of €1 500. These laws have been re-written by French law under the European directive of November, 27th, 2008.

In the Environmental Code, article L. 216-6  takes back an arrangement of the Water Laws of January, the 3rd of 1992 and specifies that « dumping or disposing of, directly or indirectly, potential harmful substances for the health of flora and fauna is punishable by imprisonment and heavy fines ». Indeed, this article provides, in the case of non-respect, a €75 000 fine and a penalty of two years prison term.

Once their biocides released, antifouling paints become an inert film that is considered as toxic by most European legislation. The removing of the film by stratching or general sanding results in a waste, classified in France as a Special Industrial Waste established by the n°97-517 decree of May, the 15th of 1997. The Special Industrial Waste is dangerous for the health and it has to be collected, transported, treated, eliminated or stored according to strict regulations. These regulations follow the Environmental Code and the law of July, the 13th of 1992.