EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/11747-2015 […](2015) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION (EU) …/… 
of XXX  
pursuant to Arti cle 3(3) of Regulation (EU) No 528/2012 of the European Parliament 
and of the Council on a pro duct consisting of dried lave nder blossoms contained in a 
pad placed on the market to repel moths  
 (Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING DECISION (EU) …/… 
of XXX  
pursuant to Article 3(3) of Regulation (E U) No 528/2012 of the European Parliament 
and of the Council on a product consisting of dried lavender blossoms contained in a 
pad placed on the market to repel moths  
 (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 3(3) thereof, 
Whereas: (1) On 28 May 2015, Germany requested the Commi ssion to decide, pursuant to Article 
3(3) of Regulation (EU) No 528/2012, whethe r a product consisting of dried lavender 
blossoms contained in a pad placed on the mark et to repel moths is a biocidal product 
or a treated article for the purposes of Article 3(1)(a) or (l) of that Regulation. 
(2) According to agreed Union guidance
2, whole living or unprocessed dead organisms 
(e.g. yeast, freeze-dried bacteria) or parts thereof (e.g. body parts, blood, branches, 
leaves, flowers, etc.) are not considered as substances, preparations  or articles within 
the meaning of Regulation (EC) No 1907/2006 of  the European Parliament and of the 
Council3. Dried lavender blossoms should therefor e not be considered  as a substance, 
mixture or article within the meaning of th at Regulation and therefore they should not 
be considered either as a bi ocidal product or as a treated article in accordance with 
Regulation (EU) No 528/2012. 
(3) 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 
A product consisting of dried lavender blossoms in a pad is  neither a biocidal product nor a 
treated article for the purposes of Article 3(1)(a) and (l) of Regulation (EU) No 528/2012.  
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Guidance for Annex V Exemptions from the oblig ation to register (page 19), available at 
http://echa.europa.eu/documents/10162/13632/annex_v_en.pdf     
3 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).  
EN 3   EN Article 2 
This Decision shall enter into force on the twen tieth day following that of its publication in 
the Official Journal of  the European Union . 
Done at Brussels, 
 For the Commission 
       The President   […]