# L_2023067EN.01005101.xml

| 3.3.2023 | EN | Official Journal of the European Union | L 67/51 |
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3.3.2023

EN

Official Journal of the European Union

L 67/51

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COMMISSION IMPLEMENTING DECISION (EU) 2023/458

of 1 March 2023

on the non-approval of certain active substances for use in biocidal products in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 89(1), third subparagraph, thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) No 1062/2014 (2) establishes in its Annex II a list of active substance/product-type combinations included in the review programme of existing active substances in biocidal products. |
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(1)

Commission Delegated Regulation (EU) No 1062/2014 (2) establishes in its Annex II a list of active substance/product-type combinations included in the review programme of existing active substances in biocidal products.

| (2) | For a number of active substance/product-type combinations included in that list, all the participants have withdrawn or are considered to have withdrawn their support in a timely manner. |
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(2)

For a number of active substance/product-type combinations included in that list, all the participants have withdrawn or are considered to have withdrawn their support in a timely manner.

| (3) | In accordance with Article 14(1) of Delegated Regulation (EU) No 1062/2014, the European Chemicals Agency published an open invitation to take over the role of participant for those active substance/product-type combinations for which the role of participant had not previously been taken over. For those combinations no notification has been submitted to the European Chemicals Agency within the time limit provided for by Article 14(2) of Delegated Regulation (EU) No 1062/2014. Therefore, those active substance/product-type combinations, in accordance with Article 20, first paragraph, point (b), of Delegated Regulation (EU) No 1062/2014, should not be approved for use in biocidal products. |
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(3)

In accordance with Article 14(1) of Delegated Regulation (EU) No 1062/2014, the European Chemicals Agency published an open invitation to take over the role of participant for those active substance/product-type combinations for which the role of participant had not previously been taken over. For those combinations no notification has been submitted to the European Chemicals Agency within the time limit provided for by Article 14(2) of Delegated Regulation (EU) No 1062/2014. Therefore, those active substance/product-type combinations, in accordance with Article 20, first paragraph, point (b), of Delegated Regulation (EU) No 1062/2014, should not be approved for use in biocidal products.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
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(4)

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 active substances listed in the Annex are not approved for the product-types indicated therein.

Article 2

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 1 March 2023.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

2

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ANNEX

Active substance/product-type combinations not approved:

| Entry Number in Annex II to Regulation (EU) No 1062/2014 | Substance name | Rapporteur Member State | EC number | CAS number | Product-type(s) |
| --- | --- | --- | --- | --- | --- |
| 1022 | Dialuminium chloride pentahydroxide | NL | 234-933-1 | 12042-91-0 | 2 |
| 691 | Sodium N-(hydroxymethyl)glycinate | AT | 274-357-8 | 70161-44-3 | 6 |
| 459 | Reaction mass of titanium dioxide and silver chloride | SE | Not available | Not available | 1, 2, 6, 7, 9, 10, 11 |
| 531 | (benzyloxy)methanol | AT | 238-588-8 | 14548-60-8 | 13 |
| 1016 | Silver chloride | SE | 232-033-3 | 7783-90-6 | 1 |
| 444 | 7a-ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO) | PL | 231-810-4 | 7747-35-5 | 6, 13 |
| 797 | cis-1-(3-chloroallyl)-3,5,7-triaza-1- azoniaadamantane chloride (cis CTAC) | PL | 426-020-3 | 51229-78-8 | 6, 13 |
| 368 | Methenamine 3-chloroallylochloride (CTAC) | PL | 223-805-0 | 4080-31-3 | 6, 12, 13 |

Entry Number in Annex II to Regulation (EU) No 1062/2014

Substance name

Rapporteur Member State

EC number

CAS number

Product-type(s)

1022

Dialuminium chloride pentahydroxide

NL

234-933-1

12042-91-0

2

691

Sodium N-(hydroxymethyl)glycinate

AT

274-357-8

70161-44-3

6

459

Reaction mass of titanium dioxide and silver chloride

SE

Not available

Not available

1, 2, 6, 7, 9, 10, 11

531

(benzyloxy)methanol

AT

238-588-8

14548-60-8

13

1016

Silver chloride

SE

232-033-3

7783-90-6

1

444

7a-ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO)

PL

231-810-4

7747-35-5

6, 13

797

cis-1-(3-chloroallyl)-3,5,7-triaza-1- azoniaadamantane chloride (cis CTAC)

PL

426-020-3

51229-78-8

6, 13

368

Methenamine 3-chloroallylochloride (CTAC)

PL

223-805-0

4080-31-3

6, 12, 13

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