EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
D0xxxx/01 CA-May12-Doc.3 
[…](2012) XXX  draft 
  
COMMISSION DECISION 
of XXX  
concerning the non-inclusion of bifenthrin fo r product type 18 in An nex I, IA or IB to 
Directive 98/8/EC of the European Parliament and of the Council concernin g the placin g
of biocidal products on the market 
(Text with EEA relevance) 
 EN 2   EN COMMISSION DECISION 
of XXX  
concerning the non-inclusion of bifenthrin for product type 18 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 Counc il concerning the pl acing of biocidal 
products on the market
2 establishes a list of active substances to be assessed, with a 
view to their possible inclusion in Annex I, IA or IB to Directiv e 98/8/EC. That list 
includes bifenthrin. 
(2) Pursuant to Regulation (EC) No 1451/2007, bifenthrin has been evaluated in 
accordance with Article 11(2) of Direc tive 98/8/EC for use in product-type 18, 
insecticides, acaricides and products to control other arthropods, as defined in 
Annex V to that Directive. 
(3) France was designated as Rapporteur Member State and submitted the competent 
authority report, togeth er with a recommendation, to the Commission on 
2 November 2009 in accordance with Arti cle 14(4) and (6) of Regulation (EC) 
No 1451/2007. 
(4) The competent authority report was re viewed by the Member States and the 
Commission. In accordance with Article 15 (4) of Regulation (EC) No 1451/2007, the 
findings of the review were incorporated, within the Standing Committee on Biocidal 
Products on [date of SC meeting to be inserted  when SC meeting has been held], in an 
assessment report. 
                                                 
1 OJ L 123, 24.4.1998, p. 1.  
2 OJ L 325, 11.12.2007, p. 3. EN 3   EN (5) The assessment has demonstrated that biocia l products used as in secticides, acaricides 
and products to control other arthropods and containing bifenthrin cannot be expected 
to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. The scenarios evaluated in the environmantal risk asse ssment showed an unacceptable risk for the 
aquatic compartment. It is therefore not ap propriate to include bi fenthrin for use in 
product-type 18 in Annexes I, IA  or IB to Directive 98/8/EC. 
(6) In the interest of legal certainty, the date as of which biocidal products of product-type 
18 containing bifenthrin shoul d no longer be placed on the market should be specified, 
taking into account both the unacceptable effects of thos e products and the legitimate 
expectations of manufact urers of those products. 
(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 
Bifenthrin (CAS Nr 82657-04-3)  shall not be included in Annexes I, IA or IB to 
Directive 98/8/EC for product type 18.  
Article 2 
For the purposes of Article 4(2) of Regula tion (EC) No 1451/2007, bioc idal products of 
product type 18 containing bifent hrin (CAS Nr 82657-04-3) shal l no longer be placed on the 
market with effect from 1 May 2013. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels,  
 For the Commission 
 Janez POTO ČNIK 
 Member of the Commission