II 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)  
DECISIONS  
COMMISSION  
COMMISSION DECISION  
of 14 April 2009  
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  
(notified under document number C(2009) 2566)  
(Text with EEA relevance)  
(2009/324/EC)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European 
Community,  
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 Council 
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 
Annex I, IA or IB to Directive 98/8/EC.  
(2) For a number of substance/product type combinations 
included in that list, the original participants discontinued 
their participation in the review programme.  
(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 thereof. That 
information was also made public by electronic means 
on 14 June 2006.  (4) Within the period of three months from that publication, 
other persons indicated an interest in taking over the role 
of participant for some substance/product type combi -
nations.  
(5) Commission Decision 2007/794/EC (  3 ) fixed the new 
deadline for the submission of a complete dossier to 
30 April 2008 for these substance/product type combi -
nations.  
(6) No complete dossiers were however received within this 
time period for certain of these substance/product type 
combinations.  
(7) Pursuant to Articles 12(4) and 12(5) of Regulation (EC) 
No 1451/2007, the substances should therefore not be 
included for the product-types concerned in Annexes I, 
IA or IB to Directive 98/8/EC.  
(8) 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.EN 15.4.2009 Official Journal of the European Union L 96/37  
( 1 ) OJ L 123, 24.4.1998, p. 1.  
( 2 ) OJ L 325, 11.12.2007, p. 3.  (  3 ) OJ L 320, 6.12.2007, p. 35.Article 2  
For the purposes of Article 4(2) of Regulation (EC) No 1451/2007, this Decision shall apply from 1 June 
2009.  
Article 3  
This Decision is addressed to the Member States.  
Done at Brussels, 14 April 2009.  
For the Commission  
Stavros DIMAS  
Member of the Commission  
ANNEX  
Substances not to be included in Annexes I, IA or IB to Directive 98/8/EC with regard to certain product-types  
Name  EC No  CAS No  Product-type  RMS  
Linalool  201-134-4  78-70-6  19  DK  
Propoxur  204-043-8  114-26-1  18  BE  
Fenitrothion  204-524-2  122-14-5  18  UK  
Methyl anthranilate  205-132-4  134-20-3  19  FR  
Oct-1-ene-3-ol  222-226-0  3391-86-4  19  N  
5,5-dimethyl-perhydro- 
pyrimidin-2-one.alpha.-(4- 
trifluoromethylstyryl)-.alpha.- 
(4-trifluoromethyl)cinnamylide -
nehydrazone/Hydramethylnon  405-090-9  67485-29-4  18  IEEN L 96/38 Official Journal of the European Union 15.4.2009