Denmark: Partial ban on antifouling paints containing biocides +++ Update

A fresh coat of antifouling not only protects the underwater hull from pox and algae, but also makes every owner's heart beat faster. The boat is well stocked and the new season can finally begin. According to the Federal Environment Agency, biocide-containing paints are used in 95 per cent of cases. However, these toxic substances not only reliably repel annoying pests, but can also pose a risk to humans, aquatic animals and plants.

EU regulation regulates products containing biocides throughout Europe

EU Regulation No. 528/2012 (Biocidal Products Regulation) regulates the sale, supply (making available on the market) and use of biocidal products throughout Europe. According to the regulation, biocidal products may only contain active substances that are included in the so-called Union list of authorised biocidal active substances. All toxic active substances must therefore undergo an authorisation procedure before they can be used in antifouling paints, for example. Consequently, every biocidal product undergoes a national or EU-wide authorisation procedure.

High penalties possible for Germans in Denmark

In our northern neighbouring country, new laws are now coming into force that make it a criminal offence to possess certain paints as well as applying them. The restrictions apply to private individuals, not to tradespeople such as boat builders. A good dozen of the 70 or so biocidal products listed are affected. As the whole thing is an ongoing process, this is causing confusion not only for many Danes, but also for German skippers who have their moorings in the small kingdom. We asked the Danish Environmental Protection Agency (Miljøstyrelsen) whether the new regulations also apply to yachts flying the German flag and how penalties can be avoided.

Questions for the Danish Environmental Protection Agency

YACHT: Do the same rules apply to Germans who leave their boat in Denmark for the winter and need a new coat of antifouling in the spring?

Line Schmidt Kolding: The same rules apply to everyone, regardless of their nationality. If you want to use antifouling paints in Denmark, these products must be authorised for marketing, sale and use in Denmark.

YACHT: How can it be proven that the banned products were used before the respective expiry date?

Line Schmidt Kolding: Photo documentation with dated stamps could serve as proof. The product may no longer be owned or used after a certain date. Therefore, if it can be proven that the product was used or disposed of before the specified date, it is not a criminal offence.

YACHT: What happens, for example, to a boat owner from Flensburg who has just applied a new coat of antifouling paint, which is banned in Denmark, and then sails through Danish waters or moors in a Danish harbour?

Line Schmidt Kolding: If a biocidal product is authorised and used in another country, the Danish authorities have no jurisdiction. However, there may be restrictions on the active substances contained in the antifouling as well as international agreements that Denmark has ratified and that could prevent sailing in Danish waters or mooring in Danish harbours. In addition, individual Danish harbours may have their own regulations regarding biocide-containing paints, but these are not monitored by the Danish Environmental Protection Agency.

YACHT: How is this controlled in practice?

Line Schmidt Kolding: There are various methods of inspection. The Danish Chemicals Inspectorate most frequently inspects marinas. They look for people working with antifouling or check which products the boat owners have in stock.

YACHT: How high can the fines be and under what circumstances is there even a risk of imprisonment?

Line Schmidt Kolding: I cannot give an exact amount for a fine or estimate the risk of imprisonment as this depends on the individual case. Both the possibility of a high fine and the risk of imprisonment are real, as they are listed as options in the legislation.

Update: The list of permitted and prohibited antifoulings for private individuals

The Danish Environmental Protection Agency has published a documentwhich lists around 70 antifouling products with precise labelling. Around 50 of these may still be sold to private individuals and stored and used by them. Others are either already banned or may only be sold to and used by tradespeople such as shipyards or boat service companies. Or they will fall under the ban on private use from the end of June.

These bans apply to private yachts under 24 metres in length

Antifouling coatings already banned

• VC17m Extra Graphite (International Paint Ltd.)
• Mare Nostrum SP (Jotun A/S)
• NonStop II (Jotun A/S)
• Racing (Jotun A/S)

Prohibited antifouling coatings from 28 June 2025

• Hempel's Alu Prop NCT 7473A (Hempel A/S)
• Hempel's Alu Prop NCT 7473C (Hempel A/S)
• Hempel's Hard Racing TecCel 7679C (Hempel A/S)
• Hempel's Hard Racing TecCel 7683A (Hempel A/S)
• Hempel's Mille NCT 7174A (Hempel A/S)
• Hempel's Mille NCT 7174C (Hempel A/S)
• Standard Selfpolishing Antifouling 81620 (Hempel A/S)
• Standard Selfpolishing Antifouling 81640 (Hempel A/S)

More about antifouling

• Plans of the council groups: Ban on copper-containing antifouling on the Kiel Fjord?
• Anti-fouling protection: All about antifouling systems
• Anti-fouling protection: Non-toxic antifouling alternatives
• Antifouling: Propeller fouling protection - what you need to know