EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/2023/2533  
(POOL/E4/2023/2533/2533 -EN.docx)  
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
on the non -approval of certain active substances for use in biocidal products 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  
on the non -approval of certain active substances for use in biocidal products 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 89(1) , third subparagraph , thereof,  
Whereas:  
(1) Commission Delegated  Regulation (EU ) No 1062 /20142 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 . 
(2) For a number of active substance/product -type combinations included in that list, al l 
the participants have withdrawn or are considered  to have withdrawn  their support in a 
timely manner . 
(3) In accordance with Article 14(1) of Delegated Regulation (EU) No 1062/2014, the 
European Chemicals Agency (‘the Agency’) published an open  invitation to  take over 
the role of participant for those active substance/product -type combinations for which 
the role of participant had not previously been taken over. For those combinations no 
notification has been submitted to the Agency  within the time limit prov ided for by 
Article 14(2) of Delegated Regulation (EU) No 1062/2014 . Therefore, t hose active 
substance/product -type combinations , in accordance with Article 20 , first paragraph, 
point (b) , of that Delegated Regulation, should not be approved for use in biocidal 
products . Those active substance/product -type combinations  are the following:  
(a) biphenyl -2-ol (product -type 7);  
(b) potassium dimethyldithiocarbamate  (product -types 9, 11, 12);  
(c) silver -polyethylen imine -chloride  (product -types 1, 2, 9);  
(d) reaction products of glutamic acid and N -(C12 -C14-alkyl)propylenediamine 
(Glucoprotamin) (product -types 2, 4);  
(e) poly(oxy -1,2-ethanediyl),.alpha. -[2-(dide -cylmethylammonio)ethyl] -.omega. -
hydroxy, propanoate (salt) (B ardap 26)  (product -types 2, 4, 10). 
                                                 
1 OJ L 167, 27.6.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/528/oj . 
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, ELI: http://data.europa.eu/eli/reg_del/20 14/1062/oj ).  
EN 2  EN (4) In addition, in accordance with Article 12(3) of Delegated Regulation (EU) No 
1062/2014, the Agency informed the Commission of those active substance/product -
type combinations for which all participants have withdrawn or  are considered to have 
withdrawn their support in a timely manner, and for which the role of participant had 
previously been taken over. Those active substance/product -type combinations which, 
in accordance with Article 20, first paragraph, point (a), of that Delegated Regulation, 
should not be approved for use in biocidal products are the following:  
(a) 2,2-Dibromo -2-cyanoacetamide (DBNPA)  (product -type 2);  
(b) active chlorine generated from magnesium chloride hexahydrate and potassium 
chloride by electrolysis ( product -type 2);  
(c) garlic, ext. - 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, Liliace ae 
(product -type 19) ;  
(d) brandy  (product -type 19).  
(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