G/TBT/N/EU/741  
9 September 2020  
(20-6097) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/e n/ 
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Biocidal 
products; Products of the chemical industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Implementing Decision not approving carbon dioxide as an active substance 
for use in biocidal products of product -type 19 (3 page(s), in English)  
6. Description of content:  This draft Commission Implementing Decision does not approve 
carbon dioxide as an active substance for use in biocidal products of product -type 19.  
As this active substance is no longer  supported in the review programme, a non -approval 
decision should be adopted in accordance with point (b) of the first paragraph of Article 
20 of Delegated Regulation (EU) No 1062/2014.  
Carbon dioxide is already listed into category 6 of Annex I to Regulation (EU) No 
528/2012. This means that biocidal products of product -type 19 and containing carbon 
dioxide may be made available on the market and used provided that they are authorised 
in accordance with Regulation (EU) No 528/2012 and comply with th e conditions and 
specifications set in Annex I for carbon dioxide. In particular, existing biocidal products of 
product -type 19 and containing carbon dioxide may continue to made available on the 
market and used provided that they are authorised in accorda nce with Regulation (EU) 
No 528/2012 and comply with the conditions and specifications set in Annex I for carbon 
dioxide before the dates set in the second subparagraph of Article 89(2) of Regulation 
(EU) No 528/2012.  
7. Objective and rationale, including  the nature of urgent problems where 
applicable:  Protection of public health and of the environment. Harmonization of the EU 
market on biocidal products.; Protection of human health or safety; Protection of the 
environment; Harmonization  G/TBT/N/EU/741  
 
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  8. Relevant docum ents:   
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 (OJ L 
167, 27.6.2012, p. 1.). Available in all EU languages. https://eur -lex.europa.eu/legal -
content/EN/ALL/?uri=CELEX:32012R0528  
9. Proposed date of adoption:  December 2020  
Proposed date of entry into force:  20 days from publication in the Official Journal of 
the EU (Application 12 months after adoption)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
 
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2020/TBT/EEC/20_5357_00_e.pdf