COMMISSION DECISION  
of 1 July 2011  
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 C(2011) 4596)  
(Text with EEA relevance)  
(2011/391/EU)  
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 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, either all participants have discon ­
tinued their participation in the review programme, or 
no complete dossier was received within the time period 
specified in Articles 9 and 12(3) of Regulation (EC) No 
1451/2007 by the Member State designated as 
rapporteur for the evaluation.  
(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 accordingly. 
That information was also made public by electronic 
means.  
(4) Within the period of 3 months from those publications, 
a number of companies indicated an interest in taking 
over the role of participant for the substances and 
product-types concerned. However, those companies 
subsequently failed to submit a complete dossier.  (5) Pursuant to Article 12(5) of Regulation (EC) No 
1451/2007, the substances and product types 
concerned should therefore not be included in Annexes 
I, IA or IB to Directive 98/8/EC.  
(6) In the interest of legal certainty, the date should be 
specified after which biocidal products containing active 
substances for the product-types indicated in the Annex 
to this Decision should no longer be placed on the 
market.  
(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  
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.  
Article 2  
For the purposes of Article 4(2) of Regulation (EC) No 
1451/2007, biocidal products containing active substances for 
the product-types indicated in the Annex to this Decision shall 
no longer be placed on the market with effect from 1 July 
2012.  
Article 3  
This Decision is addressed to the Member States.  
Done at Brussels, 1 July 2011.  
For the Commission  
Janez POTO ČNIK 
Member of the CommissionEN L 175/28 Official Journal of the European Union 2.7.2011  
( 1 ) OJ L 123, 24.4.1998, p. 1.  
( 2 ) OJ L 325, 11.12.2007, p. 3.ANNEX  
Substances and product types not to be included in Annexes I, IA or IB to Directive 98/8/EC  
Name  EC number  CAS number  Product-type  Rapporteur 
Member State  
Formaldehyde  200-001-8  50-00-0  1  DE  
Formaldehyde  200-001-8  50-00-0  5  DE  
Formaldehyde  200-001-8  50-00-0  9  DE  
Formaldehyde  200-001-8  50-00-0  23  DE  
2-chloroacetamide  201-174-2  79-07-2  3  EE  
2-chloroacetamide  201-174-2  79-07-2  6  EE  
2-chloroacetamide  201-174-2  79-07-2  13  EE  
Thiabendazole  205-725-8  148-79-8  2  ES  
Thiabendazole  205-725-8  148-79-8  13  ES  
2,2'-dithiobis[N-methylbenzamide]  219-768-5  2527-58-4  13  PL  
Sulphur dioxide  231-195-2  7446-09-5  1  DE  
Sulphur dioxide  231-195-2  7446-09-5  2  DE  
Sulphur dioxide  231-195-2  7446-09-5  5  DE  
Sulphur dioxide  231-195-2  7446-09-5  6  DE  
Sulphur dioxide  231-195-2  7446-09-5  13  DE  
Reaction product of dimethyl adipate, dimethyl 
glutarate, dimethyl succinate with hydrogen peroxide/ 
Perestane  432-790-1  —  4  HU  
Oligo(2-(2-ethoxy)ethoxyethylguanidinium chloride)  Polymer  374572-91-5  1  FR  
Poly(hexamethylendiamine guanidinium chloride)  Polymer  57028-96-3  1  FR  
Oligo(2-(2-ethoxy)ethoxyethylguanidinium chloride)  Polymer  374572-91-5  5  FR  
Poly(hexamethylendiamine guanidinium chloride)  Polymer  57028-96-3  5  FR  
Oligo(2-(2-ethoxy)ethoxyethylguanidinium chloride)  Polymer  374572-91-5  6  FR  
Poly(hexamethylendiamine guanidinium chloride)  Polymer  57028-96-3  6  FR  
Oligo(2-(2-ethoxy)ethoxyethylguanidinium chloride)  Polymer  374572-91-5  13  FR  
Poly(hexamethylendiamine guanidinium chloride)  Polymer  57028-96-3  13  FREN 2.7.2011 Official Journal of the European Union L 175/29