G/TBT/N/EU/557  
 
20 March 2018  
(18-1683) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: European Commission  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Commission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/  
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Biocidal 
products  
5. Title, number of pages and language(s) of the notified document: Draft 
Commission Implementi ng Decision not approving empenthrin as an existing active 
substance for use in biocidal products of product -type 18 (3 page(s), in English)    
6. Description of content: This draft Commission Implementing Decision does not approve 
empenthrin as an active substance for use in biocidal products of product -type 18.  
Insufficient data has been provided by the applicant making it impossible to assess the 
exclusion criterion set out in Article 5(1)(a) of that Regulation, as requested by the Biocidal 
Product Regul ation (EU) No 528/2012. In addition, the scenarios evaluated in the human 
health and environmental risk assessments identified unacceptable risks.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of public health and of the environment. Harmonisation of the EU 
market on biocidal products.  
8. Relevant documents:   
 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 
products (OJ L 167, 27.6.2012, p. 1.). Available in all EU languages. http://eu r-
lex.europa.eu/legal -
content/EN/TXT/?qid=1455290728330&uri=CELEX:32012R0528  
 The opinion of the European Chemicals Agency can be found on its website 
http://echa.europa.eu/regulations/biocidal -products -regulation/approval -of-active -
substances/bpc -opinions -on-active -substance -approval   G/TBT/N/EU/557  
 
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  9. Proposed date of adoption: June 2018  
Proposed date of entry into force: 20 days from publication in the Official Journal of the 
EU (Application 12 months after adoption)  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
The text  is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/  
https://members.wto.org/crnattachments/2018/TBT/EEC/18_1497_00_e.pdf