EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SCBP41-Doc.xxx […](2014) XXX  draft 
  
COMMISSION IMPLEMENTING RE GULATION (EU) No …/.. 
of XXX  
approving folpet as an active substance for use in biocidal produc ts for product-types 7 
and 9 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
approving folpet as an active substance for use in biocidal products for product-types 7 
and 9 
(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 av ailable on the market and use of biocidal 
products
1, and in particular the third subpa ragraph of Article 89(1) thereof, 
Whereas: (1) Commission Delegated Regul ation (EU) No XX/2014
2 establishes a list of active 
substances to be evaluated with a view to  their possible approval for use in biocidal 
products or inclusion into A nnex I to Regulation (EU) No  528/2012. That list includes 
folpet. 
(2) Folpet has been evaluated in accordance w ith Article 90(2) of Regulation (EU) No 
528/2012 for use in biocidal products for product-type 7, film preservatives, and 
product-type 9, fibre, leather, rubber and polymerised materials preservatives, as 
defined in Annex V to Regulation (EU) No 528/2012. 
(3) Italy was designated as evaluating compet ent authority and submitted the assessment 
reports, together with its recommendatio ns, to the Commission in June 2011 in 
accordance with paragraphs 4 and 6 of Artic le 14 of Commission Regulation (EC) No 
1451/20073. 
(4) The opinions of the European Chemicals Ag ency were formulated on 17 June 2014 by 
the Biocidal Product Committee, having regard  to the conclusions of the evaluating 
Competent Authority.  
(5) According to those opinions, biocidal pr oducts used for product-types 7 and 9 and 
containing folpet may be expected to satisfy  the requirements laid down in Article 5 of 
Directive 98/8/EC of the European  Parliament and of the Council4 provided that 
certain specifications an d conditions relating to its use are satisfied.  
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Commission Delegated Regulation (EU) No XX/2014 of XXXX 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 XX, XXX, p. X). 
3 Commission Regulation (EC) No 1451/2007 of 4 Decem ber 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 concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3). 
4 Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the 
placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1) .  
EN 3   EN (6) It is therefore appropriate to approve folpet for use in  biocidal products for product-
types 7 and 9 subject to compliance with  certain specifications and conditions.  
(7) Since the evaluations did not address nanom aterials, the approvals should not cover 
such materials in accordance with Arti cle 4(4) of Regula tion (EU) No 528/2012. 
(8) A reasonable period should be allowed to elapse before an active substance is 
approved, in order to permit interested pa rties to take the preparatory measures 
necessary to meet th e new requirements.  
(9) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on Biocidal Products, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Folpet shall be approved as an  active substance for use in bi ocidal products for product-types 
7 and 9, subject to the specifications and 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