EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/2023/1820 
(POOL/E4/2023/1820/1820 -EN.docx)  
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
approving thermally treated garlic juice as an existing active substance for use in 
biocidal products of product -type 19 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 REGULATION (EU) …/...  
of XXX  
approving thermally treated garlic juice as an existing active substance for use in 
biocidal products of product -type 19 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 , 
Havin g 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 89(1) , third subparagraph, thereof,  
Whereas:  
(1) Commission Delegated Regulation (EU) No  1062/20142 establishes a list of existing 
active substances to be evaluated for their possible approval for use in biocidal 
products.  That list includes garlic ext ract (extractives and their physically modified 
derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, 
terpene -free fractions, distillates, residues, etc., obtained from Allium sativum , 
Liliaceae ) (CAS No: 8008 -99-9) for produc t-type 19. 
(2) Garlic ext ract has been evaluated for use in biocidal products of product -type 19 
(repellents and attractants ), as described in Annex V to Regulation (EU) No 528/2012.  
(3) Austria  was designated as the rapporteur Member State  and its  evaluating comp etent 
authority submitted the assessment report together with its conclusions  to the 
European Chemicals Agency (‘ the Agency ’) on 23 September 2022 . The Agency 
discussed the assessment report and the conclusions in technical meetings.  
(4) During the examination of garlic ext ract the name  of that active substance has been 
changed  by the Agency to thermally treated garlic juice . 
(5) In accordance with  Article 75(1), second subparagraph, point (a), of Regulation (EU) 
No 528/2012, the Biocidal Prod ucts Committee prepares the opinion of the Agency 
regarding the applications for approval of active substances.  In accordance with 
Article 7(2) of Delegated Regulation (EU) No 1062/2014 read in conjunction with 
Article 75(1) and (4) of Regulation (EU) No 5 28/2012 , the Biocidal Products 
Committee adopted the opinion of the Agency on 5 June 20233, having  regard to the 
conclusions of the evaluating competent authority.  
                                                 
1 OJ L 167, 27.6.2012,  p. 1.  
2 Commission Delegated Regula tion (EU) No 1062 /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 Biocidal Products Committee Opinion on the application for approval of the active substance thermally 
treated garlic juice , Product -type 19; ECHA/BPC/375/2023 , adopted on 5 June 2023 .  
EN 2  EN (6) In that opinion , the Agency concludes that  biocidal products of product -type 19 
containing  thermally treated garlic juice may be expected to satisfy the criteria laid 
down in  Article 19(1), point (b), of Regulation (EU) No 528/2012, provided that 
certain conditions concerning their use are complied with.  
(7) Taking into account the opinion of the Age ncy, it is appropriate to approve thermally 
treated garlic juice as an active substance for use in bi ocidal products of product -type 
19 subject to compliance with certain conditions.  
(8) A reasonable period should be allowed to elapse before an active substanc e is 
approved in order to permit interested parties to take the preparatory measures 
necessary to meet the new requirements.  
(9) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee  on Biocidal Products,  
HAS  ADOPTED THIS REGULATION:  
Article 1  
Thermally treated garlic juice  is approved as an active substance for use in biocidal products 
of product -type 19, subject to the conditions set out in the Annex.  
Article 2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN