. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/240 
24 December 2008  
 (08-6310) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  EUROPEAN COMMUNITIES
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and web-site 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission 
EC-TBT Enquiry Point Fax:  +(32) 2 299 8043 E-mail:  ec-tbt@ec.europa.eu
 
Website: http://ec.europa.eu/enterprise/tbt/  
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Fenpropimorph, sulfuryl 
fluoride, boric oxide, boric acid, disodium tetrabor ate and disodium octaborat e tetrahydrate.      
5. Title, number of pages and language(s) of the notified document:  Draft Commission 
Directive amending Directive 98/8/EC of the European Parliament and of the Council to 
include fenpropimorph as an active substance in Annex I thereto (6 pages, in English). 
- Draft Commission Directive amending Directive 98/8/EC of the European Parliament and of 
the Council to include sulfuryl fluoride as an ac tive substance in Annex I thereto (6 pages, in 
English). 
- Draft Commission Directive amending Directive 98/8/EC of the European Parliament and of 
the Council to include boric acid as an activ e substance in Annex I thereto (6 pages, in 
English). 
- Draft Commission Directive amending Directive 98/8/EC of the European Parliament and of 
the Council to include boric oxide as an active substance in Annex I thereto (6 pages, in 
English). 
- Draft Commission Directive amending Directive 98/8/EC of the European Parliament and of 
the Council to include disodium tetraborate as an active subs tance in Annex I thereto (6 
pages, in English). 
- Draft Commission Directive amending Directive 98/8/EC of the European Parliament and of 
the Council to include disodium octaborate tetr ahydrate as an active substance in Annex I 
thereto (6 pages, in English) G/TBT/N/EEC/240 
Page 2  
 
  - Draft Commission Decision concerning the non-in clusion 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 (4 pages, in English).     
6. Description of content:  These six draft Commission Direct ives include fenpropimorph, 
sulfuryl fluorid, boric oxid, boric acid, dis odium tetraborate and disodium octaborate 
tetrahydrate in the European Community positive list of active substances, which may be used 
in biocidal products.  
The draft Commission Decision co ncerns a list of active subs tances for which industry had 
initially notified its intention to submit informa tion for their risk and efficacy assessment - 
and on this basis they were allowed to remain on the biocides market. However, when the deadline for submission of this informa tion arrived, no dossiers were submitted. 
Consequently, these substances  will not be examined under the 10-year review programme 
established by Article 16(2) of the Biocides Directive 98/8/EC, and a decision should now be 
taken to remove them from the biocides market, after a 12-month phase-out period. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of public health and of the enviro nment. Harmonisation of the EU market on 
biocidal products.  
8. Relevant documents:   Directive 98/8/EC of the European Parliament and the Council on the 
placing of biocidal products on the market (OJE U L 123, 24.4.1998, page 1). Available in all 
EU languages.  
http://eur-lex.europa.eu/Le xUriServ/LexUriServ.do?ur i=OJ:L:1998:123:0001:0063:EN:PDF   
9. Proposed date of adoption:   
Proposed date of entry into force:    March 2009 
April 2009 
10. Final date for comments:   60 days from date of notification  
11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
European Commission 
EC-TBT Enquiry Point 
Fax:  + (32) 2 299 8043 
E-mail:  ec-tbt@ec.europa.eu 
The texts are available on the EC-TBT Website: http://ec.europa.eu/enterprise/tbt/  
and  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_00_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_01_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_02_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_03_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_04_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_05_e.pdf  
http://members.wto.org/crnatt achments/2008/tbt/eec/08_4032_06_e.pdf