EN EN
EUROPEAN
COMMISSION
Brussels, XXX
CA-July13-Doc.3.4
[…](2013) XXX draft
COMMISSION IMPLEMENTING REGULATION (EU) No …/..
of XXX
to approve aluminium phosphide releasing phosphine as an active substance for use in 
biocidal products for product typ e 20
(Text with EEA relevance)EN 2 ENCOMMISSION IMPLEMENTING REGULATION (EU) No …/..
of XXX
to approve aluminium phosphide releasing phosphine as an active substance for use in 
biocidal products for product type 20
(Text with EEA relevance)
THE EUROPEAN COMMI SSION,
Having regard to the Tre atyon the Functioning of the European Union ,
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the 
Counc il of 22 May 2012 concerning the making available on the market and use of biocidal 
products1, and in particular the third subparagraph of Article 89(1) thereof ,
Whereas:
(1) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase 
of the 10 -year work programme referred to in Article 16(2) of Directive 98/8/EC of 
the European Parliament and of the Council co ncerning the placing of biocidal 
products on the market2establishes a list of active substances to be assessed, with a 
view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list 
includes aluminium phosphide .
(2) Pursuant to Regulati on (EC) No 1451/2007, aluminium phosphide has been evaluated 
in accordance with Article 11(2) of Directive 98/8/EC for use in product -type 23, 
products for the control of other vertebrates, as defin ed in Annex V to that Directive, 
which corresponds to prod uct-type 20 as defined in Annex V to Regulation (EU) 
No528/2012.
(3) German ywas designated as Rapporteur Member State and submitted the competent 
authority report, together with a recomm endation, to the Commission on 23 July 2010
in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(4) The competent authority report was reviewed by the Member States and the 
Commission. I n accordance with Article 15(4) of Regulation (EC) No 1451/2007, the 
findings of the review were incorporated, within the S tanding Committee on Biocidal 
Products on 27 September 201 3,in an assessment report.
(5) It appears from the evaluations that biocidal products used for product -type 23 and 
containing aluminium phosphide maybe expected to satisfy the requirements laid 
down i n Article 5 of Directive 98/8/EC . It also appears from the report that such 
biocidal products used for product -type 20 maybe expected to satisfy the requirements 
laid down in Article 19 of Regulation (EU) No 528/2012, provided that the conditions 
specifie d in the Annex to this Regulation are satisfied.
(6) It is therefore appropriate to approve aluminium phosphide for use in biocidal products 
for product -type 20.
  
1OJ L 167, 27. 6.2012, p. 1.
2OJ L 325, 11.12.2007, p. 3.EN 3 EN(7) Since the evaluation did not ad dress nanomaterials, the approval should not cover such 
materials p ursuant to Article 4(4) of Regulation (EU) No 528/2012.
(8) A reasonable period should be allowed to elapse before an active substance is 
approved , in order to permit Member States , interested parties , and the Commission 
where appropriate, to prepare themselve s to meet the new requirements entailed .
(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
Aluminium phosphide releasing phosphine shall b e approved as an active substance for use in 
biocidal products for product -type 20, subject to the specifications and conditions set out in 
the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that o f 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
José Manuel BARROSOEN 4 ENANNEX 
Common 
Nam eIUPAC Name
Identification NumbersMinimum 
degree of 
purity of 
the active 
substance3Date of 
approvalExpiry date 
of approvalProduct 
typeSpecific condit ions4
Aluminium 
phosphide 
releasing 
phosphineIUPAC Name : Aluminium phosphide 
EC No: 244-088-0
CAS No: 20859 -73-8830g/kg 1 July 
2015 30 June 
202520The product assessment shall pay particular 
attention to the exposures, the risks and the 
efficacy linked to any uses covered by an 
application for authorisation, but not 
addressed in the Union leve l risk 
assessment of the active substance .
Authorisations are subject to the following 
condition s:
1)Products shall only be sold to and 
used by specifically trained 
professionals.
2)In view of the risks identified for 
operators, appropriate risk 
mitigation mea sures must be 
applied. These include, amongst 
others, the use of appropriate 
personal protective equipment, the 
use of applicators and the 
presentation of the pr oduct in a 
form designed to reduce operator 
exposure to an acceptable level.
  
3The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) 
No 528/2012 . The active substance in the product pl aced on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated 
active substance
4For the implementation of the common principles of Annex VI of Regulation (EU) No 528/2012 , the content and conclusion s of assessment reports are available on the 
Commission website: http://ec.europa.eu/comm/environment/biocides/index.htmEN 5 ENCommon 
Nam eIUPAC Name
Identification NumbersMinimum 
degree of 
purity of 
the active 
substance3Date of 
approvalExpiry date 
of approvalProduct 
typeSpecific condit ions4
3)In view of the ris ks identified for 
terrestrial non -target species, 
appropriate risk reduction 
measures must be applied. These 
include, amongst others, the non -
treatment of areas where other 
burrow ing mammals than the 
target species are present.