EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
SANTE/11548/2017 
(POOL/E4/2017/11548/11548 -EN.doc)  
[…](2018) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
on the non -approval of certain active substances in biocidal products pursuant to 
Regulation (EU) No 528/2012 of the European Parliament and of the Council  
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
on the non -approval of certain active substances in biocidal products pursuant to 
Regulation (EU) No  528/2012 of the European Parliament and of the Council  
(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 available on the market and use of biocidal 
products 1, and in particular the third subparagraph of Article 89(1) thereof,  
Whereas:  
(1) Commission Delegated  Regulation (EU ) No 1062 /20142, as amended by Commissio n 
Delegated Regulation (EU) 2017/6983, establishes  in its Annex II a list  of active 
substance/product -type combinations  included in the programme of review of existing 
active substances in biocidal products on 3 February 2017.  
(2) For a number of active substance/product -type combinations  included in that list, all 
the participant s have withdrawn their support in a timely manner.  
(3) As regards  some active substance/product -type combinations generated in situ, Annex 
II to Delegated Regulation (EU) No 1062/201 4 has been amended in order to indicate 
in a more precise manner  the name of th ose active substance s and their precursor s. 
This has lead in certain cases to a redefinition of the active substance in accordance 
with Article 13 of Delegated Regulation (EU) N o 1062/2014.  
(4) A notification was published inviting persons wishing to support those active 
substance/product -types combinations which have been redefined and currently not 
supported, so that the role of participant may be taken over.  
(5) For some  active subst ance/product -type combinations no notification has been 
submitted  or a notification has been submitted  and rejected pursuant to paragraphs 4 or 
5 of Article 17 of Delegated  Regulation (EU) No 1062 /2014.  
                                                 
1 OJ L 167, 27.6.2012 , p. 1.  
2 Commission Delegated Regulation (EC) No 1 062/2014 of 4 August  2014 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 294, 10.10.2014 , 
p. 1). 
3 Commission Delegated Regulation (EU) 2 017/698 of 3 February 2017 amending Delegated Regulation 
(EU) No 1062/2014 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 concerning the making available on the market and use of biocidal 
products  (OJ L 103, 19.4.2017, p. 1).   
EN 2  EN (6) In accordance with Article 20 of Delegated Regulatio n (EU) No 1062/2014 , those 
active substance /product -type combinations should not be approved for use in biocidal 
products . 
(7) The measures provided for in this Decision are in accordance with the opinion of the 
Standing  Committee on Biocidal Products , 
HAS ADO PTED THIS DECISION:  
Article 1  
The active substances listed in the Annex are not approved for the product -types indicated 
therein . 
Article 2 
This Decision shall enter into force on the twentieth  day following that of its publication in 
the Official Journal  of the European Union . 
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude J UNCKER