EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
SANTE/10232/2018 
(POOL/E4/2018/10232/10232 -EN.doc)  
[…](2018) XXX  draft 
 
COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
pursuant to Article  3(3) of Regulation (EU) No  528/2012 of the European Parliament 
and of the Council on pepper containing sprays to be used in case of attacks by 
aggressive dogs  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION IMPLEMENTING DECISION (EU) …/…  
of XXX  
pursuant  to Article  3(3) of Regulation (EU) No  528/2012 of the European Parliament 
and of the Council on pepper containing sprays to be used in case of attacks by 
aggressive dogs  
(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 
products1, and in particular Article  3(3) thereof,  
Whereas:  
(1) On 16 December 2016 , Germany  requested the Commission to decide  whether a group  
of pepper sprays placed on the market to be used as repellents  for aggressive dogs 
("the products") are biocidal product s or not within the meaning of Article  3(1)(a) of 
Regulation (EU) No 528/2012 .  
(2) According to the information provided by Germany , the products contain substances 
like Capsicum oleoresin  or Capsicum annuum  extract . They are used against an 
individual aggressive dog in a specific situation where  the user is being attacked  by the 
dog.  
(3) The product s are a mixture within the meaning of Article 3(2) of Regulation (EC) 
No 1907/2006 of the Europea n Parliament and of the Council2. Therefore, pursuant to 
Article 3(2)(b) of Regulation (EU) No 528/2012, they are  considered a mixture also 
for the purposes of that Regulation.  
(4) The products contain Capsicum oleoresin  or Capsicum annuum  extract, which are 
active substances within the meaning of Article 3(1)(c) of Regulation (EU) 
No 528/2012. Th ose active substan ces have been subject to the relevant provisions of 
point (b) of Article 15,  Articles 16 and 17 of Commission Delegated Regulation (EU) 
No 1062/20143 under product -type 19, repellents and attractants , as defined in Annex 
V to Regulation (EU) No 528/2012.  
                                                 
1 OJ L  167, 27.6.2012, p.  1. 
2 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1).  
3 Commission delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for 
the systematic ex amination 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).  
EN 2  EN (5) Aggressive dogs  fall within  the definition  of a harmful organism within the meaning 
of Article 3(1)(g) of Regulation (EU) No 528/2012 , since they may  have an unwanted 
presence or a detrimental effect on humans or animals  under certain circumstances . 
(6) Produc t-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 
products are  used with the intention of repelling the aggressive dogs when attacking 
the user , such use falls under the description of product -type 19.  
(7) Therefore, the products as they are supplied to the user are biocidal product s within the 
meaning of  the first indent of Article 3(1)(a) of Regulation (EU) No 528/2012  and fall 
within product -type 19.  
(8) The measures provided for in this Decis ion are in accordance with the opinion of the 
Standing  Committee on Biocidal Products,  
HAS ADOPTED THIS DECISION:  
Article 1  
Pepper  containing sprays used for the purpose of repelling aggressive dogs attacking humans 
or animals shall be considered biocidal product s within the meaning of Article 3(1)(a) of 
Regulation (EU) No 528/2012 . 
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 JUNCKER