EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/10119/2017 (POOL/E4/2017/10119/10119-EN.doc) […](2017) XXX  draft 
  
COMMISSION IMPLEMENTING REGULATION (EU) …/... 
of XXX  
approving active chlorine released from chlori ne as an existing active substance for use 
in biocidal products of product-types 2 and 5 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) …/... 
of XXX  
approving active chlorine released from chlori ne as an existing active substance for use 
in biocidal products of product-types 2 and 5 
(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 the third subpa ragraph of Article 89(1) thereof, 
Whereas: (1) Commission Delegated Re gulation (EU) No 1062/2014
2 establishes a list of existing 
active substances to be evaluated for thei r possible approval for use in biocidal 
products. That list includ es active chlorine released from chlorine (hereafter referred to 
as ‘chlorine’). 
(2) Chlorine has been evaluated in accordance wi th Article 16(2) of Directive 98/8/EC of 
the European Parliament and of the Council3 for use in products of product-type 2, 
private area and public hea lth area disinfectants and other biocidal products, and 
product-type 5, drinking water di sinfectants, as defined in Annex V to that Directive, 
which correspond respectively to product-type s 2 and 5 as define d 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 recommendations on 17 May 2010. 
(4) In accordance with Article 7(2) of De legated Regulation (EU) No 1062/2014, the 
opinions of the European Chemicals Agen cy were formulated on 14 December 2016 
by the Biocidal Products Committee, havi ng regard to the conclusions of the 
evaluating competent authority. 
(5) According to those opinions, biocidal pr oducts of product-types 2 and 5 containing 
chlorine may be expected to satisfy the re quirements of Article 5 of Directive 98/8/EC, 
provided that certain specifi cations and conditions con cerning its use are complied 
with. 
(6) It is therefore appropriate to  approve chlorine for use in  biocidal products of product-
types 2 and 5, subject to compliance with  certain specifications and conditions. 
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for 
the systematic examination of all existing active substan ces contained in biocidal products referred to in 
Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1). 
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 (7) A reasonable period should be allowed to elapse before an active substance is 
approved in order to permit interested parties to take the preparatory measures 
necessary to meet th e new requirements. 
(8) 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 
Active chlorine released from chlorine is approved as an active substance for use in biocidal 
products of product-types 2 and 5, 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  Jean-Claude JUNCKER