EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SCBP40-Doc.2.1 […](2014) XXX  draft 
  
COMMISSION IMPLEMENTING RE GULATION (EU) No …/.. 
of XXX  
approving permethrin as  an existing active substance fo r use in biocidal products for 
product-types 8 and 18 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
approving permethrin as an existing active substance for use in biocidal products for 
product-types 8 and 18 
(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 the third subpa ragraph of Article 89(1) thereof, 
Whereas: (1) Commission Delegated Regul ation (EC) No XX/2014
2 establishes a list of active 
substances to be evaluated with a view to  their possible approval for use in biocidal 
products or inclusion into A nnex I to Regulation (EU) No  528/2012. That list includes 
permethrin. 
(2) Permethrin has been evaluated in accordan ce with Article 90(2) of Regulation (EU) 
No 528/2012 for use in biocidal  products for product-type 8, wood preservatives, and 
product-type 18, insecticides, acaricides and products to control other arthropods, as 
defined in Annex V to Regulation (EU) No 528/2012. 
(3) Ireland was designated as evaluating Competent Authority and submitted the 
assessment reports, together with its re commendations, to the Commission on 7 
December 2010 in accordance with paragra phs 4 and 6 of Artic le 14of Commission 
Regulation (EC) No 1451/20073. 
(4) The opinion of the European Chemicals Agency was formulated on 8 April 2014 by 
the Biocidal Product Committee, having regard  to the conclusions of the evaluating 
Competent Authority.  
(5) According to those opinions, biocidal pr oducts used for produc t-types 8 and 18 and 
containing permethrin may be expected to  satisfy the requirements laid down in 
Article 5 of Directive 98/8/EC of the European Parliament and of the Council4 
provided that certain specifi cations and conditions relating to its use are satisfied.  
                                                 
1 OJ L 167, 27.6.2012, p. 1. 
2 Commission Delegated Regulation (EC) No XX/2014 of XXXX 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 XX, XXX, p. X). 
3 Commission Regulation (EC) No 1451/2007 of 4 Decem ber 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 Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3). 
4 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 (OJ L 123, 24.4.1998, p. 1) .  
EN 3   EN (6) It is therefore appropriate to approve permethrin for us e in biocidal products for 
product-type 8 and 18 subj ect to compliance with ce rtain specifications and 
conditions.  
(7) Since the evaluations did not address nanom aterials, the approvals should not cover 
such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012. 
(8) A reasonable period should be allowed to elapse before an active substance is 
approved, in order to permit interested pa rties to take the preparatory measures 
necessary to meet the ne w requirements laid down.  
(9) 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 
Permethrin shall be approved as an active subs tance for use in biocidal products for product-
types 8 and 18, subject to th e specifications and conditi ons set out in the Annex. 
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 . 
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