EN EN
EUROPEAN
COMMISSION
Brussels, XXX
CA-July13-Doc.3.6
[…](2013) XXX draft
COMMISSION IMPLEMENTING REGULATION (EU) No …/..
of XXX
to modify the approval of nonanoic acid as an existing active substance for use in 
biocidal products for product -type 2
(Text with EEA relevance)EN 2 ENCOMMISSION IMPLEMENTING REGULATION (EU) No …/..
of XXX
to modify the approval of nonanoic acid as an existing active substance for use in 
biocidal products for product -type 2
(Text with EEA relevance)
THE EUROPEAN COMMI SSION,
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 
Counc il of 22 May 2012 concerning the making available on the market and use of biocidal 
products1, and in particular the third su bparagraph 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 conce rning 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 nonanoic acid .
(2) Nonanoic acid has already been included into Annex I of Directive 98/8/EC for use in 
product -type 2 by Directive N° 2012/41/EU of 26 November 20123, and is therefore 
considered as approved for that product -type by virtue of Article 86 of 
Regulation (EU) No 528/2012 .
(3) Pursuant to Regula tion (EC) No 1451/2007, nonanoic acid has been evaluated in 
accordance with Article 11(2) of Directive 98/8/EC for use in product -type 10, 
masonry preservatives , as defined in Annex V to that Directive, in particular as an 
algaecide used for the curative t reatment of construction materials. Th atspecific use is 
now covered b y product -type 2as defined in Annex V to Regulation (EU) 
No528/2012.
(4) Austria was designated as Rapporteur Member State and submitted the competent 
authority report, together with a rec omm endation, to the Commission on 3 April 2012 
in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(5) 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 Standing Committee on Biocidal 
Products on 27 September 2013 , in an assessment report.
(6) It appears from the evaluations that biocidal products used as an algaecide for the 
curative tre atment of construction materials and containing nona noic acid maybe 
  
1OJ L 167, 27. 6.2012, p. 1.
2OJ L 325, 11.12.2007, p. 3.
3OJ L 327, 27.11.2012, p. 28.EN 3 ENexpected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It 
also appears from the report that such biocidal products may be expected to satisfy the 
requirements l aid down in Article 19 of Regulation (EU) No 528/2012, provided that 
the conditions specified in the Annex to this Regulation are satisfied.
(7) It is therefore appropriate to complement the existing approval of nonanoic acid for 
use in product -type2with the specifications and conditions resulting from the 
evaluation of products used as an algaecide for the curative treatment of construction 
materials .
(8) Since the evaluation did not a ddress nanomaterials, the approval should not cover such 
materials pursuant t o Article 4(4) of Regulation (EU) No 528/2012.
(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
Nonanoic acid shall be approved as an acti ve substance for use in biocidal products for 
product -type 2, subject to the new specifications and the new conditions set out in the Annex 
to this Regulation .
Article 2
This Regulation shall enter into force on the twentieth dayfollowing that of its publ ication 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 Na me
Identification NumbersMinimum 
degree of 
purity of 
the active 
substance4Date of 
approvalExpiry date 
of approvalProduct 
typeSpecific condit ions5
Nonanoi
c acid, 
Pelargon
ic acidIUPAC Name : Nonanoic acid
EC No: 203-931-2
CAS No: 112-05-0896g/kg 1 October 
201430 
September 
20242The 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 level risk 
assessment of the active substance .
Authorisations are subject to the following 
condition s:
1)Unless it can be demonstrated in the 
application for product authorisation 
that risks for human health can be 
reduced to acceptable levels by other 
means, authorisation shall be subject to 
the following conditions :
a)Instructions for use informing on 
howto minimize aer osol exposure, 
including that products shall not be 
applied under w indyconditions. 
b)Authorisation of products for non -
professional users are subject to the 
packagi ng being designed to 
  
4The 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 Regu lation (EU) 
No 528/2012 . The active substance in the product placed on the market can be of equal or different purity if it has been proven technica lly equivalent with the evaluated 
active substance
5For the implementation of the common principles of Anne x VI of Regulation (EU) No 528/2012 , the content and conclusions of assessment reports are available on the 
Commission website: http://ec.europa.eu/comm/environment/biocides/index.htmEN 5 ENCommon 
Nam eIUPAC Na me
Identification NumbersMinimum 
degree of 
purity of 
the active 
substance4Date of 
approvalExpiry date 
of approvalProduct 
typeSpecific condit ions5
minimise user exposure.
2)Authorisation of products used as 
algaecide for outdoor remedial 
treatment of construction materials 
shall be subject to safe operating 
procedure s and risk mitigation 
measures in order to protect the 
environ ment.