EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/2019/11734 
(POOL/E4/2019/11734/11734 -EN.docx)  
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
on the non -approval of certain active substances in biocidal products pursuant to 
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  
on the non -approval of certain active substances in biocidal products pursuant to 
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 
products 1, and in particular the third subparagraph of Article 89(1) thereof,  
Whereas:  
(1) Commission Delegated  Regulation (EU ) No 1062 /20142, as last  amended by 
Commission Delegated Regulation (EU) 2019/2273, establishes  in its Annex II a list  of 
active substance/product -type combinations  included in the review programme of 
existing active substances in biocidal products on  30 March 2019.  
(2) For a number of active substance/product -type combinations included in that list, all 
the participants have withdrawn their support in a timely manner . 
(3) The Commission was informed , in accordance with Article 12 (3) of Delegated 
Regulation (EU) No 1062/2014 , of those  active substance/product -type combinations 
for which all participants made a timely withdrawal and for which the role of 
participant had previously been taken over.  In accordance with point (a) of the first 
paragraph of Article 20 of Delegated Regulation (EU) No 1062/2014, those active 
substance/product -type combinations should not be approved for use in biocidal 
products.  
(4) An open  invitation was published to take over the role of participant for those active 
substance/product -type combinations for which the rol e of participant had not 
previously been taken over. For some of those combinations no notification has been 
submitted or a notification has been submitted and rejected pursuant to paragraph 4 or  
paragraph  5 of Article 17 of Delegated Regulation (EU) No 10 62/2014 . In accordance 
with point  (b) of the first paragraph of Article 20 of Delegated Regulation (EU) No 
1062/2014, those active substance/product -type combinations should not be approved 
for use in biocidal products.  
                                                 
1 OJ L 167, 27.6.2012 , p. 1.  
2 Commission Delegated Regulation (EU ) No 1 062/2014 of 4 August  2014 on the work programme  for 
the systematic examination of all existing active substances contained in biocidal products  referred to in 
Regulation (EU) No 528/2012  of the European Parliament and of the Council (OJ L 294, 10.10.2014 , 
p. 1). 
3 Commission Delegated Regulation (EU) 2019/227 of 28 November 2018 amending Delegated 
Regulation (EU) No 1062/2014 as regards certain active substances/product -type combinations for 
which the competent authority of the United Kingdom has been designated as the evaluating competent 
authority  (OJ L 37, 8.2.2019 , p. 1).   
EN 2  EN (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 active substances listed in the Annex are not approved for the product -types indicated 
therein . 
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 Brussels,  
 For the Commission  
 The President  
 Ursula VON DER L EYEN