EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SCBP41-Doc.xx 
[…](2014) XXX  draft 
  
COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
approving alpha-cypermethrin as an active substance for use in biocidal products for 
product-type 18 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
approving alpha-cypermethrin as an active su bstance for use in biocidal products for 
product-type 18 
(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 av ailable 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 Regul ation (EU) No XX/2014
2 establishes a list of active 
substances to be evaluated with a view to  their possible approval for use in biocidal 
products or inclusion into A nnex I to Regulation (EU) No  528/2012. That list includes 
alpha-cypermethrin. 
(2) Alpha-cypermethrin has been evaluated in accordance with Article 90(2) of 
Regulation (EU) No 528/2012 for use in bi ocidal products for product-type 18, 
insecticides, acaricides and pr oducts to control other arthropods, as defined in Annex 
V to Regulation (EU) No 528/2012. 
(3) Belgium was designated as evaluating competent authority and submitted an 
assessment report, together with its r ecommendations, to the Commission on 17 
November 2011 in accordance with paragra phs 4 and 6 of Article 14 of Commission 
Regulation (EC) No 1451/20073. 
(4) The opinion of the European Chemicals Agency was formulated on 17 June 2014 by 
the Biocidal Product Committee, having regard  to the conclusions of the evaluating 
competent authority.  
(5) According to that opinion, biocidal products used for product-type 18 and containing 
alpha-cypermethrin may be expected to satis fy the requirements laid down in Article 5 
of Directive 98/8/EC of the Europe an Parliament and of the Council4 provided that 
certain specifications an d conditions relating to its use are satisfied.  
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Commission Delegated Regulation (EU) No XX/2014 of XXXX on the work programme for the 
systematic examination of all existing active substances contained in biocidal products referred to in 
Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L XX, XXX, p. X). 
3 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). 
4 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 (6) It is therefore appropriate to approve alpha -cypermethrin for use in biocidal products 
for product-type 18 subject to compliance with  certain specifications and conditions.  
(7) Since the evaluations did not address nanom aterials, the approva l should not cover 
such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012. 
(8) A reasonable period should be allowed to elapse before an active substance is 
approved, in order to permit interested pa rties to take the preparatory measures 
necessary to meet th e new requirements.  
(9) 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 
Alpha-cypermethrin shall be approved as an activ e substance for use in biocidal products for 
product-type 18, subject to th e specifications and conditi ons 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