EN    EN  
 EUROPEAN 
COMMISSION  
Brussels, XXX   
CA-May13-Doc.3.1 
[…](2013) XXX  draft 
  
COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
to approve cypermethrin as an existing active  substance for use in biocidal products for 
product-type 8 
(Text with EEA relevance) 
 EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX 
to approve cypermethrin as an existing active  substance for use in biocidal products for 
product-type 8 
(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 Article 89(1) thereof, 
Whereas: (1) Pursuant to Article 89(1) of Regula tion (EU) No 528/2012, the Commission shall 
carry on with the work programme for the systematic examination of all existing active substances commenced in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the C ouncil concerning the placing of biocidal 
products on the market
2. 
(2) Commission Regulation (EC)  No 1451/2007 of 4 December 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 Counc il concerning the pl acing of biocidal 
products on the market3 establishes a list of active substances to be assessed, with a 
view to their possible inclusion in Annex I, IA or IB to Directiv e 98/8/EC. That list 
includes cypermethrin. 
(3) Pursuant to Regulation (EC) No 1451/2007, cypermethrin has been evaluated in 
accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood 
preservatives, as defined in Annex V to that Directive, which corresponds to product-
type 8 as defined in Annex V to Regulation (EU) No 528/2012. 
(4) Belgium was designated as Rapporteur Member State and submitted the competent 
authority report, together  with a recommendation, to the Commission on 5 March 
2010 in accordance with Article 14(4) a nd (6) of Commission Re gulation (EC) No 
1451/2007. 
(5) The competent authority report was re viewed by the Member States and the 
Commission. In accordance with Article 15 (4) of Regulation (EC) No 1451/2007, the 
findings of the review were incorporated, within the Standing Committee on Biocidal 
Products on 17 May 2013, in an assessment report. 
(6) It appears from the evaluations that bioc idal products used for product-type 8 and 
containing cypermethrin may be expected to satisfy the requirements laid down in 
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 OJ L 123, 24.4.1998, p. 1. 
3 OJ L 325, 11.12.2007, p. 3. EN 3   EN Article 5 of Directive 98/8/EC. It also appears from the report that such biocidal 
products may be expected to satisfy the requirements laid down in Article 19 of Regulation (EU) No 528/2012, pr ovided that the conditions sp ecified in the Annex to 
this Regulation are satisfied. 
(7) It is therefore appropriate to approve cype rmerthrin for use in biocidal products for 
product-type 8. 
(8) Since the evaluation did not adress nanomater ials, the approval should not cover such 
materials pursuant to Article 4( 4) of Regulation (EU) No 528/2012. 
(9) A reasonable period should be allowed to elapse before an active substance is 
approved, in order to permit Member States, interested parties, and the Commission 
where appropriate, to prepare themselves to meet the new requirements entailed.  
(10) 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 
Cypermethrin shall be approved as an active substance for us e in biocidal products for 
product-type 8, subject to the sp ecifications and conditions in the Annex to this Regulation. 
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 . 
It shall apply from 1 September 2013. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President  José Manuel BARROSO 
  
EN 4   EN ANNEX  
Common 
Name IUPAC Name 
Identification Numbers Minimum 
degree of 
purity of 
the active substance 
(*) Date of 
approval Expiry date 
of approval Product 
type Specific conditions (**) 
Cyperme
thrin 
 Cypermethrin cis:trans /40:60 
IUPAC Name :  (RS)-α-cyano-3phenoxybenzyl-(1RS)-
cis,trans-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate 
EC n° : 257-842-9 
CAS n° : 52315-07-8  920 g/kg 1 October 
2015  30 
September 
2025
 8 The product assessment shall pay particular 
attention to the exposures, the risks and the 
efficacy linked to any uses covered by an 
application for authorisation, but not 
adressed in the Union level risk assessment 
of the active substance. 
Authorisations are subject to the following 
conditions: 
1) For industrial and/or professional 
users, safe operational procedures 
shall be established, and products 
shall be used with appropriate personal protective equipment, 
unless it can be demonstrated in 
the application for product authorisation that risks can be 
reduced to an acceptable level by 
other means. 
2) Appropriate risk mitigation 
measures shall be taken to protect 
the soil and aquatic compartments. In particular : 
a. Labels and, where provided, 
safety data sheets of products 
authorised shall indicate that 
industrial application shall be conducted within a contained area  
EN 5   EN Common 
Name IUPAC Name 
Identification Numbers Minimum 
degree of 
purity of 
the active substance 
(*) Date of 
approval Expiry date 
of approval Product 
type Specific conditions (**) 
or on impermeable hard standing 
with bunding, that freshly treated 
timber shall be stored after 
treatment under shelter or on impermeable hard standing, or 
both, to prevent direct losses to 
soil or water, and that any losses 
from the application of the 
product shall be collected for reuse or disposal. 
b. Products shall not be authorised 
for industrial treatment by dipping or spraying of wood that will be 
exposed to weathering, unless data 
is submitted to demonstrate that the product will not present 
unacceptable risks, if necessary by 
the application of appropriate mitigation measures. 
c. Products shall not be authorised 
for treatment of outdoor constructions near or above water, 
or for treatment of wood that will 
be used for outdoor constructions near or above water, unless data is 
submitted to demonstrate that the 
product will not present 
unacceptable risks, if necessary by 
the application of appropriate mitigation measures.  
EN 6   EN (*) The purity indicated in this column wa s the minimum degree of purity of the active substance used for the evaluation made i n accordance with Article 8 of Regulation (EU) No 
528/2012. The active substance in the product placed on the market can be of equal or di fferent purity if it has been proven te chnically equivalent with the evaluated active substance. 
(**) For the implementation of the common principles of Annex VI of Regulation (EU) No 528/2012, the content and conclusions of  assessment reports are available on the 
Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm