EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/244/2023 
(POOL/E4/2023/244/244 -EN.docx)  
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
not renewing the approval of acrolein for use in biocidal products of product -type 12 in 
accordance with Regulation (EU) No 528/2012 of the European Parliament and of the 
Council  
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
not renewing the approval of acrolein for use in biocidal products of product -type 12 in 
accordance with Regulation (EU) No 528/2012 of the European Parliament and of the 
Council  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the 
Council of 22 May 2012 concerning the making available on the market and use of biocidal 
products1, and in particular Article 14( 4), first subparagraph, point (b),  thereof,  
Whereas:  
(1) Acrolein  was included in Annex I to Directive 98/8/EC of the European Parliament 
and of the Council2 as an active substance for use in bio cidal products of product -type 
12. Pursuant to Article 86 of Regulation (EU) No 528/2012 , it was therefore 
considered approved  until 31 August 2020 under that Regulation subject to the 
requirements  set out i n Annex I to Directive 98/8/EC.  
(2) On 28 February  2019, an application was submitted in accordance with Article 13(1) 
of Regulation (EU) No 528/2012  for the renewal of the approval  of acrolein for use in 
biocidal products of product -type 12  (‘the application’)  as the approval of acrolein for 
use in biocidal products of product -type 12 was supposed to expire on 31 August 
2020 . 
(3) Commission Implementing D ecision (EU) 20 20/10373 postponed  the expiry date of 
the approval of acrolein  for use in biocidal products of product -type 12 to 28 February  
2023 in order to allow sufficient time for the examination of the application.  That 
expiry was again postponed by Commission Implementing Decision (EU) 2022/14864 
to 28 February 2025.  
(4) However, o n 6 October  2022, the evaluating competent authority informed  the Agency 
and the Commission that the applicant had withdrawn its application for the renewal 
of approval of acrolein for use in biocidal products of product -type 12 . Consequently , 
as it has not been established that acrolein still meets the conditions laid down in 
                                                 
1 OJ L 167, 27.6.2012, p. 1.   
2 Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the 
placing of biocidal products on the market (OJ L 123, 24.4.1998,  p.1). 
3 Commission Implementing Decision (EU) 20 20/1037 of 15 July 2020 postponing the expiry date of 
approval of acrolein  for use in biocidal products of product -type 12 (OJ L 227, 16.7.2020, p. 72). 
4 Commission Implementing Decision (EU) 2022/1486 of 7 September 2022 postponing the expiry date 
of the approval of acrolein for use in biocidal products of product -type 12 in accordance with 
Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 233, 8.9.2022, p. 
83).  
EN 2  EN Article 4(1) of Regulation (EU) No 528/2012, it is appropriate to not renew the 
approval of acrolein for use in biocidal products of product -type 12 . 
(5) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on Biocidal Products,  
HAS ADOPTED THIS DECISION:  
Article 1  
The approval of ac rolein  as an active substance for use in bioc idal products of product -type 1 2 
is not renewed.  
Article 2 
This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
Done at Bruss els, 
 For the Commission  
 The President  
 Ursula Von der Leyen