EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX 
DXXX/01 - CA-July11-Doc.4.3 
[…](2011) XXX draft 
  
COMMISSION DECISION 
of XXX 
concerning the non-inclusion of flufenoxuron for product t ype 18 in Annex 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 flufenoxuron 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 flufenoxuron. 
(2) Pursuant to Regulation (EC) No 1451/ 2007, flufenoxuron has been evaluated in 
accordance with Article 11(2) of Directiv e 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 
17 March 2009 in accordance with Article 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 23 September 2011, 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 of risks to the environmen tal compartments of concern, carried out 
using a realistic approach, has demonstr ated unacceptable effects for the aquatic 
compartment. Furthermore, the characteris tics of flufenoxuron render it persistent, 
liable to bioaccumulate and toxic, as well as very persistent and very liable to bioaccumulate, in accordance with the criter ia laid down in Annex XIII to Regulation 
(EC) No 1907/2006. It is therefore not approp riate to include flufenoxuron for use in 
product-type 18 in Annexes I, IA  or IB to Directive 98/8/EC. 
(6) The date as of which date biocidal pr oducts of product-t ype 18 containing 
flufenoxuron should no longer be placed on the market should be reasonable with 
regard to the outcome of the risk assessment as well as the date of entry into force of 
this Decision.. 
(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 
Flufenoxuron shall not be included in Annexes I, IA or IB to Directiv e 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 flufenoxuron shall no l onger be placed on the market with effect 
from 1 August 2012. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, […] 
 For the Commission 
 Janez POTO ČNIK 
 Member of the Commission