Article 9Placing on the market of active substances
Member States shall prescribe that where a substance is an active substance for use in biocidal products it may not be placed on the market for such use unless:
(a)
where the active substance was not on the market before the date referred to in Article 34(1), a dossier has been forwarded to a Member State, which satisfies the requirements of Article 11(1) and is accompanied by the declaration that the active substance is intended for inclusion in a biocidal product. This shall not apply to substances for use pursuant to Article 17;
(b)
it is classified, packaged and labelled in accordance with the provisions of Directive 67/548/EEC.