EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/10534/2016 […](2016) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX  
pursuant to Article 3(3) of Regulation (EU)  No 528/2012 of the Eu ropean Parliament 
and of the Council on the use of paraffin oi l for coating eggs to control the population 
size of nesting birds 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING DECISION 
of XXX  
pursuant to Article 3(3) of Regulation (E U) No 528/2012 of the European Parliament 
and of the Council on the use of paraffin oil for coating eggs to control the population 
size of nesting birds 
(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 avai lable on the market and use of biocidal 
products
1, and in particular Article 3(3) thereof, 
Whereas: (1) On 3 March 2016, the United Kingdom request ed the Commission to decide, pursuant 
to Article 3(3) of Regulation (EU) No 528/2012, whether paraffin oil used for coating 
the eggs of nesting birds such as geese a nd gulls in order to control their population 
sizes and limit the possi bility of birds stri king aircraft in a nd around airf ields and 
airports is a biocidal pro duct for the purposes of Article  3(1)(a) of that Regulation. 
(2) According to the information provided by the United Kingdom, egg oiling deprives 
the developing embryo of oxygen by physically blocking the pores in egg shells, resulting in the asphyxiation of the bird embryo.  
(3) It is important to consider first whether paraffin oil used for egg oiling meets the 
definition of a biocidal product as provided for in Article 3(1)(a) of Regulation (EU) 
No 528/2012. 
(4) Paraffin oil meets the condition under Article  3(1)(a) of that Regulation to be a 
“substance” or a “mixture” within the meani ng of Article 3(2) of Regulation (EC) No 
1907/2006 of the European Parliament and of the Council
2. 
(5) Paraffin is intended to contro l the population size of nestin g birds such as geese and 
gulls which meet the definition of a harmful organism laid down in Article 3(1)(g) of 
Regulation (EU) No 528/2012 since they may have a detrimental effect on animals or 
humans.   
(6) The information provided indicates that paraffin oil used in egg oiling operations 
typically is purchased from pharmacies and on line suppliers, and that none of these 
products is marketed for egg oiling. Paraffi n oil is purchased by the user with the 
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Regulation (EC) No 1907/2006 of  the European Parliament and of  the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1).  
EN 3   EN intention of destroying, de terring, rendering harmless, pr eventing the action of, or 
otherwise exerting a controlling effect on harmful organisms. 
(7) As paraffin oil only constitutes a physical contact barrier to the respiratory capabilities 
of the target organism and no chemical or biological action of pa raffin oil occurs at 
any moment, it cannot be regarded as be ing intended to act chemically on that 
organism. 
(8) Since paraffin oil exerts a controlling eff ect on harmful organisms by mere physical or 
mechanical action, it does not meet the defi nition of a biocidal product as provided for 
under Article 3(1)(a) of Re gulation (EU) No 528/2012.  
(9) 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 
Paraffin oil, when used for coating eggs in order to control the population size of nesting 
birds, is not a biocidal product for the purposes of Article 3(1)(a) of Regulation (EU) No 
528/2012. 
Article 2 
This Decision shall enter into force on the twen tieth day following that of its publication in 
the Official Journal of  the European Union . 
Done at Brussels, 
 For the Commission 
 The President  Jean-Claude JUNCKER