Article 95 explained: Staying compliant with copper based MGPS/ICAF systems

Vessels entering EU waters must use biocidal systems that meet the requirements of the EU Biocidal Products Regulation (BPR). Copper based MGPS/ICAF systems are included in this. This article outlines what Article 95 requires and how choosing Cathwell helps you stay compliant.

Since 2015, only biocidal products supplied by companies listed under Article 95 may be sold or used within the EU. For anyone responsible for vessel operation or newbuilding, this is an essential rule.

Cathwell is listed under Article 95 for copper used in MGPS/ICAF systems. This provides a clear and reliable path to compliance when sourcing equipment or spare parts.

Do you need to comply with the EU Biocidal Products Regulation?

In most cases, yes. The regulation applies if your vessel:

• Enters the territorial waters of any European Union Member State
• Operates or is supplied outside the European Union
• Uses copper or any other biocidal substance to prevent marine growth

If the biocidal products onboard are not supported under the regulation, national authorities may impose serious penalties.

Cathwell as your compliance partner

Cathwell is listed under Article 95 for Product Type 11. This confirms that our copper based MGPS/ICAF systems meet the regulatory requirements for use within European territorial waters, up to twelve nautical miles from land.

For shipyards, owners and operators, this provides confidence and predictability. Whether you are fitting out a newbuild or maintaining an existing vessel, using Cathwell copper anodes and components ensures that your system remains compliant, regardless of the manufacturer of the system itself.

Understanding the EU Biocidal Products Regulation (BPR)

The EU Biocidal Products Regulation governs how biocidal products are placed on the market and used within the European Union. Its purpose is to ensure that any biocidal product, including those used to prevent marine growth, is properly assessed and authorised before use. Active substances undergo approval at Union level, while biocidal products are authorised by individual Member States. The regulation aims to create clarity, harmonise requirements and maintain a high level of protection for people and the environment. It also streamlines approvals across Member States and promotes fairness and transparency through mandatory data sharing.

What Article 95 is and why it matters

Article 95 defines which suppliers are authorised to make active substances and biocidal products available within the European Union. To be included, a supplier must submit a complete substance dossier or hold a valid letter of access, and pass a rigorous evaluation by a Member State authority and the European Chemicals Agency.

Since 1 September 2015, only biocidal products sourced from suppliers on this list may be sold, installed or used within the European Union.

Copper based systems for MGPS/ICAF systems fall under Product Type 11, which covers preservatives for liquid cooling and processing systems. This classification has been confirmed by national competent authorities and the European Chemicals Agency.

Choosing a supplier who is not listed under Article 95 places vessel operators at direct risk. A non-compliant system may need to be shut down or removed before a vessel is allowed to operate within European territorial waters.

Benefits of choosing Cathwell

• Full compliance with the EU Biocidal Products Regulation (BPR)
  Our systems and spare parts are authorised for use within European waters.
• Verified classification under Product Type 11
  Copper ion generation for MGPS/ICAF systems is recognised by European authorities.
• Trusted spare parts
  Cathwell anodes ensure continued compliance, even in systems originally supplied by other manufacturers.
• Protection against operational disruption
  Partnering with an Article 95 listed supplier removes the risk of system shutdowns, penalties or detentions in European ports.

Staying environmentally responsible

Cathwell’s copper based Marine Growth Prevention Systems /Impressed Current Anti-Fouling (MGPS/ICAF) systems allow vessels to control biofouling in a safe and regulated way. Because our systems comply with Article 95 and the EU Biocidal Products Regulation, they are not classified as hazardous materials and therefore do not appear on the vessel’s Inventory of Hazardous Materials. This supports cleaner documentation and smoother port state control inspections.

FAQ

What is Article 95?

Article 95 is the European Chemicals Agency’s list of suppliers who are authorised to make active substances available under the EU Biocidal Products Regulation. Only products sourced from these suppliers may be placed on the market or used within the European Union.

Which Product Type includes copper based Marine Growth Prevention Systems and Impressed Current Anti-Fouling systems?

These systems fall under Product Type 11: Preservatives for liquid cooling and processing systems.

Does the regulation apply to all Marine Growth Prevention Systems?

Yes. Any system that generates or releases a biocidal substance falls under the EU Biocidal Products Regulation.

Do non-European vessels need to comply?

Yes. Any vessel entering European Union waters must comply, regardless of where it was built or registered.

Does the onboard location of the system matter?

No. The regulation applies whether the system is installed upstream of the sea chest or elsewhere inside the vessel.

What happens if a system is not compliant?

Penalties vary by Member State, but a non-compliant system may be shut down or removed, and operators may face fines or other sanctions.

How can I ensure compliance?

By choosing a MGPS/ICAF system from an Article 95 listed supplier and using original spare parts from that supplier.

Make compliance simple with Cathwell

Compliance does not need to be complicated. Choosing Cathwell ensures that your vessel operates safely and confidently within European waters. Our systems provide lasting protection, and our team stands ready to support you.

If you would like guidance or have questions, we are here to help.
Erik Gabrielsen, QA
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