EN    EN  
 EUROPEAN  
COMMISS IO N 
Brussels, XXX   
SANTE/10179/2017 CIS 
(POOL/E4/2017/10179/10179-EN 
CIS.doc) […](2017) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX  
pursuant to Article 3(3) of Regulation (EU) No 528/2012 of the European Parliament 
and of the Council on monitoring traps containing attractants to insects 
(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 monitoring traps containing attractants to insects 
(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 27 January 2017, Luxembourg requested th e Commission to decide, pursuant to 
Article 3(3) of Regulation (EU) No  528/2012, whether two monitoring traps 
containing attractant active substances (the "monitoring traps") that are placed on the market for the purpose of detecting the presen ce of specific groups of insects such as 
clothes moths or fruit flies (the "monitored organisms"), are biocidal products, treated 
articles or neither. 
(2) According to the information provided by Luxembourg, the monitoring trap for 
clothes moths consists of a glue trap in which the glue is impregnated with clothes 
moths pheromone. The one for fruit flies consists of a pre-filled, non-refillable bottle containing vinegar placed with in a glue trap. In both mon itoring traps, the attractant 
active substance ("the attracta nt") is claimed in the product's information to contribute 
to detect the monitored organisms by attr acting them to the monitoring traps.  
(3) The monitored organisms meet the defin ition of "harmful organism" provided under 
Article 3(1)(g) of Regulation (EU) No 528/2012, since they may have an unwanted 
presence or a detrimental effect on humans or the products they use.  
(4) Since the attractant meets the definition of "substance" pursuant to Article 3(2)(a) of 
Regulation (EU) No 528/2012 and it has an action on the monitored organisms, the 
attractant also meets the definition of "activ e substance" under Artic le 3(1)(c) of that 
Regulation. As such, clothes moths pherom one is an active substance listed under 
category 5 of Annex I to Regulation (EU)  No 528/2012 and vinegar is an existing 
active substance subject to the provisions in  Articles 15(b), 16 and 17 of Commission 
delegated Regulation (EU) No 1062/2014
2. 
(5) In accordance with Article 3(1)(a) of Regulation (EU) No 528/2012, destroying, 
deterring, rendering harmless, preventing the action of, or otherwise exerting a 
controlling effect on any harmful or ganism is a biocidal function. 
                                                 
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).  
EN 3   EN (6) Product-type 19, as defined in Annex V to Regulation (EU) No 528/2012, includes 
products used to control harmful organisms by repelling or attracting them. Since the 
attractant is used in the monitoring traps wi th the intention of attracting the monitored 
organisms to it, such use falls under the description of product-type 19. 
(7) Regarding the monitoring trap for fruit flies,  it i) contains vine gar, which meets the 
definition of an active substance; ii) vinegar is used with the intention of attracting fruit flies to the monitoring trap; iii) fruit flies are harmful organisms the presence of which is unwanted. Since the m onitoring trap is supplied to th e user as a single device 
consisting of the glue trap and the container with vinegar, it meets the definition of a biocidal product provided under the first inde nt of Article 3(1)(a) of Regulation (EU) 
No 528/2012 and shall fall within product-type 19. 
(8) Regarding the monitoring trap for clothes mo ths, it meets the definition of "article" 
pursuant to Article 3(2)(c) of Regulation (EU) No 528/2012. Since it has been treated 
with, or intentionally incorporates, one or more biocidal products containing the 
attractant, it also meets the definition of "tre ated article" within the meaning of Article 
3(1)(l) of that Regulation.  
(9) In accordance with Article 3(1)(a) of Re gulation (EU) No 528/2012, a treated article 
that has a primary biocidal function is a bioc idal product. It is th erefore essential to 
establish whether or not the monitoring trap  for clothes moths has a primary biocidal 
function, in order to conclude whether it is a treated article or a biocidal product. In 
this context, consideration of the crite ria established in agreed Union guidance
3 may 
be useful.   
(10) Since (i) the monitored organisms are not harm ful to the monitoring trap itself; (ii) the 
concentration of the attractant in the monitori ng trap is comparable to that in biocidal 
products used for the same purpose; (iii) the mode of action of the active substance in 
the monitoring trap is identical  to that of a biocidal produc t; (iv) first importance and 
greater prominence is given in the product's in formation to the attractant than to the 
physical or mechanical action of the trap  (e.g. the sticky properties), the monitoring 
trap for clothes moths can be considered  to have a primary biocidal function. 
(11) Therefore, the monitoring trap for clothes moths meets the definition of a biocidal 
product provided under the last subparagraph of Article 3(1)(a) of Regulation (EU) 
No 528/2012 and shall fall within product-type 19. 
(12) The Commission also notes that a pheromone trap containing the active substance on 
carton covered with sticky glue was the re presentative use of the biocidal product 
assessed in the context of the examina tion of one pheromone for product-type 194. 
(13) 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 
A monitoring trap that, in the form in which it  is supplied to the user , contains, or has been 
treated with, or intentionally incorporates, an  active substance for th e purpose of attracting 
                                                 
3 Note for guidance on Frequently asked questions on treated articles (Ques tion 11), available at 
https://circabc.europa.eu/w/browse/d7363efd-d8fb-43e6-8036-5bcc5e87bf22  
4 Assessment Report of the active substance (Z,E )-Tetradeca-9,12-dienyl acet ate for product-type 19, 
available at http://dissemination.echa.europa.eu/Biocides/factsheet?id=0058-19    
EN 4   EN harmful organisms towards that monitoring trap, shall be considered as a biocidal product in 
accordance with Article 3(1)(a) of Regulatio n (EU) No 528/2012 and shall fall within 
product-type 19 as defined in Annex V to that Regulation. 
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