EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/10784/2016 
(POOL/E4/2016/10784/10784-EN.doc) […](2016) XXX  draft 
  
COMMISSION IMPLEMENTING REGULATION (EU) …/... 
of XXX  
approving chlorocresol as an existing active  substance for use in biocidal products of 
product-type 13 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) …/... 
of XXX  
approving chlorocresol as an existing active substance for use in biocidal products of 
product-type 13 
(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 avai lable 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 Re gulation (EU) No 1062/2014
2 establishes a list of existing 
active substances to be evaluated for thei r possible approval for use in biocidal 
products. That list includes chlorocresol. 
(2) Chlorocresol has been evaluated in accordance with Article 16(2) of Directive 98/8/EC 
of the European Parliament and of the Council3 for use in products of product-type 13, 
metalworking-fluid preservative s, as described in Annex V to that Directive, which 
corresponds to product-type 13 as described in Annex V to Regulation (EU) No 528/2012. 
(3) France was designated as evaluating competent authority and submitted the 
assessment report together with its recommendations on 24 July 2013. 
(4) In accordance with Article 7(2) of De legated Regulation (EU) No 1062/2014, the 
opinion of the European Chemicals Agency was formulated on 13 April 2016 by the Biocidal Products Committee, having regard  to the conclusions of the evaluating 
competent authority. 
(5) According to that opinion, biocidal pr oducts of product-type 13 containing 
chlorocresol may be expected to satisfy the requirements of Article 5 of 
Directive 98/8/EC, provided that certain sp ecifications and conditi ons concerning their 
use are complied with. 
(6) It is therefore appropriate to approve chlo rocresol for use in biocidal products of 
product-type 13, subject to compliance with  certain specifications and conditions. 
                                                
 
1 OJ L 167, 27.6.2012, p. 1. 
2 Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for 
the systematic examination of all existing active substan ces 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 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 (7) A reasonable period should be allowed to elapse before an active substance is 
approved in order to permit interested parties to take the preparatory measures 
necessary to meet th e new requirements. 
(8) 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 
Chlorocresol is approved as an active subs tance for use in biocidal products of product-
type 13, subject to the sp ecifications and condition s 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  Jean-Claude JUNCKER