EN    EN  
EN  
EN    EN  EUROPEAN COMMISSION 
Brussels, xxx 
C(2010) yyy final D/ 
CA Sept10-Doc.3  
  
Draft 
COMMISSION DIRECTIVE ../…/EU 
of […] 
amending Directive 98/8/EC of the European Parliament and of the Council to include 
(Z,E)-tetradeca-9,12-dienyl acetate as an acti ve substance in Annexes I and IA thereto  
EN 2   EN Draft 
COMMISSION DIRECTIVE ../…/EU 
of  
amending Directive 98/8/EC of the European Parliament and of the Council to include 
(Z,E)-tetradeca-9,12-dienyl acetate as an acti ve substance in Annexes I and IA thereto 
(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 (Z,E)-tetradeca-9,12-dienyl acetate. 
(2) Pursuant to Regulation (EC) No 1451/ 2007, (Z,E)-tetradeca-9,12-dienyl acetate has 
been evaluated in accordance  with Article 11(2) of Di rective 98/8/EC for use in 
product-type 19, repellents and attractants, as defined in A nnex V to that Directive. 
(3) Austria was designated as Rapporteur Me mber State and submitted the competent 
authority report, togeth er with a recommendation, to the Commission on 
23 February 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 2010, in an assessment report. 
(5) It appears from the evaluations that biocidal products used as repellents and containing 
(Z,E)-tetradeca-9,12-dienyl acetate may be exp ected to satisfy the requirements laid 
                                                
 
1 OJ L 123, 24.4.1998, p. 1.  
2 OJ L 325, 11.12.2007, p. 3.  
EN 3   EN down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include (Z,E)-
tetradeca-9,12-dienyl acetate in  Annex I to that Directive. 
(6) It also appears from the evaluations that biocidal products used  as repellents and 
containing (Z,E)-tetradeca-9,12-dienyl acetate may be expected to present only low 
risk to humans, animals and the environmen t and to satisfy the requirements laid down 
in Article 5 of Directive 98/8/EC, in partic ular with regard to the uses which were 
examined and detailed in the assessment repor t. It is therefore appropriate to include 
(Z,E)-tetradeca-9,12-dienyl acetate in  Annex IA to Directive 98/8/EC. 
(7) Not all potential uses have been evaluated at  Union level. It is therefore appropriate 
that Member States, when granting product authorisations, assess those uses or 
exposure scenarios and those risks to the co mpartments and populations that have not 
been representatively addressed in Uni on level risk assessment and ensure that 
appropriate measures are taken or specific conditions imposed in order to reduce the 
identified risks to acceptable levels. 
(8) In the light of the findings in  the assessment report, it is appropriate to require that 
(Z,E)-tetradeca-9,12-dienyl acetate is not applie d where food or feed is stored unless 
the food or feed packaging is cl osed or re-clo sed. Labels should th erefore indicate that 
biocidal products containing (Z,E)-tetradeca-9,1 2-dienyl acetate  are not to be used in 
the vicinity of un-packaged food or feed. 
(9) It is important that the provisions of this  Directive be applied simultaneously in all 
Member States in order to ensure equal tr eatment of biocidal products on the market 
containing the active substance (Z,E)-tet radeca-9,12-dienyl acetate and also to 
facilitate the proper operation of the bi ocidal products market in general. 
(10) A reasonable period should be allowed to elap se before an active substance is included 
in Annex I to Directive 98/8/EC in order to  permit Member States and the interested 
parties to prepare themselves to meet the ne w requirements entailed and to ensure that 
applicants who have prepared  dossiers can benefit fully from the 10-year period of 
data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, 
starts from the date of inclusion. 
(11) After inclusion, Member States should be allowed a reasonable period to implement 
Article 16(3) of Directive 98/8/EC. 
(12) Directive 98/8/EC should therefore be amended accordingly. 
(13) The measures provided for in this Directiv e are in accordance with the opinion of the 
Standing Committee on Biocidal Products, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Annexes I and IA to Directive 98/8/EC are am ended in accordance with the Annex to this 
Directive.  
EN 4   EN Article 2 
 
Transposition 
1. Member States shall adopt and publish, by 31 January 2012 at the latest, the laws, 
regulations and administrative provisions nece ssary to comply with this Directive.  
They shall apply those provi sions from 1 February 2013. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article 4 
This Directive is addressed to the Member States. 
Done at Brussels,  
 For the Commission 
 The President  José Manuel BARROSO  
EN 5   EN ANNEX  
(1) In Annex I to Directive 98/8/ EC, the following entry is added:  
No Common 
Name IUPAC Name 
Identification Numbers Minimum 
purity of 
the active 
substance in the biocidal 
product as 
placed on the market Date of 
inclusion Deadline for 
compliance with Article 
16(3) (except for 
products containing more than one active 
substance, for which the 
deadline to comply with Article 16(3) shall be 
the one set out in the 
last of the inclusion 
decisions relating to its 
active substances) Expiry date 
of inclusion Product 
type Specific provisions (*) 
"(**) 
[OPOC
E: please 
insert 
substance 
number] (Z,E)-
tetradeca
-9,12-dienyl 
acetate (9Z,12E)-Tetradeca-9,12 -dien-1-yl acetate  
EC No: n.a. 
CAS No: 30507-70-1 977 g/kg 
1 February 
2013 31 January 2015 31 January 
2023 19 When assessing the application for 
authorisation of a product in accordance 
with Article 5 and Annex VI, Member States shall assess, when relevant for the 
particular product, those uses or exposure 
scenarios and those risks to compartments and populations that have not been 
representatively addressed in Union level 
risk assessment. Produ ct authorisation can 
only be granted where the application 
demonstrates that risks can be reduced to acceptable levels. 
Member States shall ensure that 
authorisations are subject to the following condition: 
– Labels shall indicate that biocidal 
products containing (Z,E)-tetradeca-9,12-dienyl acetate shall not be used in  
EN 6   EN No Common 
Name IUPAC Name 
Identification Numbers Minimum 
purity of 
the active 
substance in the biocidal 
product as 
placed on the market Date of 
inclusion Deadline for 
compliance with Article 
16(3) (except for 
products containing more than one active 
substance, for which the 
deadline to comply with Article 16(3) shall be 
the one set out in the 
last of the inclusion decisions relating to its 
active substances) Expiry date 
of inclusion Product 
type Specific provisions (*) 
the vicinity of un-packaged food or 
feed." 
(*) For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are availabl e on the Commission website: 
http://ec.europa.eu/comm/environment/biocides/index.htm  
(2) In Annex IA to Directive 98/8 /EC, the following entry is added:  
No Common 
Name IUPAC Name 
Identification Numbers Minimum 
purity of the active substance in 
the biocidal 
product as 
placed on 
the market Date of 
inclusion Deadline for 
compliance with Article 16(3) (except for products containing 
more than one active 
substance, for which the 
deadline to comply with 
Article 16(3) shall be the one set out in the 
last of the inclusion 
decisions relating to its active substances) Expiry date 
of inclusion Product 
type Specific provisions (*) 
"(**) 
[OPOC
E: 
please insert (Z,E)-
tetradeca
-9,12-
dienyl acetate (9Z,12E)-tetradeca-9,12 -dien-1-yl acetate  
EC No: n.a. 
CAS No: 30507-70-1 977 g/kg 
1 February 
2013 31 January 2015 31 January 
2023 19 – Only for traps containing maximum 2 
mg of (Z,E)-Tetradeca-9,12-dienyl 
acetate. 
– Labels shall indicate that biocidal  
EN 7   EN No Common 
Name IUPAC Name 
Identification Numbers Minimum 
purity of 
the active 
substance in the biocidal 
product as 
placed on the market Date of 
inclusion Deadline for 
compliance with Article 
16(3) (except for 
products containing more than one active 
substance, for which the 
deadline to comply with Article 16(3) shall be 
the one set out in the 
last of the inclusion decisions relating to its 
active substances) Expiry date 
of inclusion Product 
type Specific provisions (*) 
substan
ce 
number] products containing (Z,E)-tetradeca-
9,12-dienyl acetate shall not be used in 
the vicinity of un-packaged food or feed." 
(*) For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are availabl e on the Commission website: 
http://ec.europa.eu/comm/environment/biocides/index.htm