EN    EN  
 EUROPEAN 
COMMISSION  
Brussels, XXX   
CA-March13 Doc.xxx 
[…](2013) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX  
on the non-approval of certain biocidal active substances pu rsuant to Regulation (EU) 
No 528/2012 
(Text with EEA relevance) 
 EN 2   EN COMMISSION IMPLEMENTING DECISION 
of XXX 
on the non-approval of certain biocidal active  substances pursuant to Regulation (EU) 
No 528/2012 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 528/2012 of th e European Parliament and of the Council of 
22 May 2012 concerning the making available on the market and use of biocidal products
 1, 
and in particular the third subparagraph of Article 89(1) thereof, 
Whereas: (1) Commission Regulati on (EC) No 1451/2007
2 establishes a list of active substances to 
be assessed, with a view to their possibl e inclusion in Annex I, IA or IB to 
Directive 98/8/EC of the European  Parliament and of the Council3. 
(2) For a number of substance/product-type combina tions included in that list, either all 
participants have disconti nued their participation in the review programme, or no 
complete dossier was received within th e time period specified in Article 9 and 
Article 12(3) of Regulation (EC) No 1451/ 2007 by the Member State designated as 
Rapporteur for the evaluation. 
(3) Consequently, and pursuant to Articles 11( 2), 12(1) and 13(5) of Regulation (EC) 
No 1451/2007, the Commission informed the Member States accordingly. That information was also made public by electronic means. 
(4) Within the period of three months from this publication, a number of companies 
indicated an interest in taking over the ro le of participant for one or more of the 
substances and product-type s concerned. However, those companies subsequently 
failed to submit a complete dossier or withdrew. 
(5) Pursuant to Article 12(4) and (5) of Re gulation (EC) No 1451/2007, the substances 
and product-types concerned should therefor e not be approved in accordance with 
Article 9 of Regulation (EU) 528/2012. 
(6) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on Biocidal Products, 
                                                
 
1 OJ L 167, 27.6.2012 
2 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). 
3 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 HAS ADOPTED THIS DECISION:  
Article 1 
The substances indicated in th e Annex to this Decision shall not be approved for the product-
types indicated therein. 
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  José Manuel BARROSO