EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
CA-July12-Doc.4.8 
[…](2012) XXX  draft 
  
COMMISSION DECISION 
of XXX  
concerning the non-inclusion of certain substa nces in Annex I, IA or IB to Directive 
98/8/EC of the European Parliament and of the Council concerning the placing of 
biocidal products on the market 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION DECISION 
of XXX 
concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 
98/8/EC of the European Parliament and of the Council concerning the placing of 
biocidal products on the market 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to 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
1, and in 
particular the second subparagraph of Article 16(2) thereof, 
Whereas: (1) 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 C ouncil concerning the placing of biocidal 
products on the market
2 establishes a list of active substances to be assessed, with a 
view to their possible inclusion in Anne x I, IA or IB to Directive 98/8/EC. 
(2) For a number of substance/product  type combinations included in that list, either all 
participants have discontinued their partic ipation in the review  programme, or no 
complete dossier was received within the tim e period specified in Articles 9 and 12(3) 
of Regulation (EC) No 1451/2007 by the Memb er State designated as Rapporteur for 
the evaluation. 
(3) Consequently, and pursuant to Articles 11( 2), 12(1) and 13(5) of Regulation (EC) 
No 1451/2007, the Commission informed the Member States accordingly. That 
information was also made pub lic by electronic means.  
(4) Within the period of thr ee months from those publica tions, a number of companies 
indicated an interest in taking over the role of participant for certain of the substances and product-types concerned. However, thos e companies subsequently failed to 
submit a complete dossier. 
(5) Pursuant to Articles 12(4) and 12(5) of Regulation (EC) No 1451/2007, the substances 
and product types concerned should therefore no t be included in Annexes I, IA or IB 
to Directive 98/8/EC. 
(6) In the interest of legal certainty, it is appropriate to specify the date after which 
biocidal products of the product-types listed in the Annex to this Decision containing 
the active substances listed in that Annex should no longer be placed on the market.  
                                                
 
1 OJ L 123, 24.4.1998, p. 1.  
2 OJ L 325, 11.12.2007, p. 3.   
EN 3   EN (7) 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 
The substances indicated in the Annex to this  Decision shall not be included for the product-
types concerned in Annexes I, IA  or IB to Directive 98/8/EC.  
Article 2 
For the purposes of Article 4(2) of Regulati on (EC) No 1451/2007, biocidal products of the 
product-types listed in the Annex to this Decision which contai n the active substances listed 
in that Annex shall no longer be  placed on the market with effect from 1 February 2014. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels,  
 For the Commission 
 Janez POTO ČNIK 
 Member of the Commission  
EN 4   EN ANNEX  
 
Substances and product types not to be included in Annexes I, IA or IB to 
Directive 98/8/EC  
  
Name EC number CAS number Product 
Type Rapporteur 
Member State 
Glutaral 203-856-5 111-30-8 5 FI
4-(2-nitrobutyl)morpholine 218-748-3 2224-44-4 6 UK
4-(2-nitrobutyl)morpholine 218-748-3 2224-44-4 13 UK
N,N'-(decane-1,10-diyldi-1(4H)-pyridyl-4-
ylidene)bis(octylammonium) dichloride 274-861-8 70775-75-6 1 HU
Salicylic acid 200-712-3 69-72-7 1 NL