# Commission Implementing Decision of 19 February 2013 approving restrictions of authorisations of biocidal products containing            difenacoum notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council (notified            under document C(2013) 772) (Only the German text is authentic) (2013/95/EU)         

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U.K.

# Commission Implementing Decision

# of 19 February 2013

# approving restrictions of authorisations of biocidal products containing difenacoum notified by Germany in accordance with                        Directive 98/8/EC of the European Parliament and of the Council                     

# (notified under document C(2013) 772)

# (Only the German text is authentic)

# (2013/95/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 Article 4(4) thereof,                        

Whereas:

(1)Annex I to Directive 98/8/EC contains the list of active substances approved at Union level for inclusion in biocidal products.                              Commission Directive 2008/81/EC of 29 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to                              include difenacoum as an active substance in Annex I thereto(2) added the active substance difenacoum to belonging to product type 14, Rodenticides, as defined in Annex V to Directive 98/8/EC.

(2)Difenacoum is an anticoagulant rodenticide known to pose risks of accidental incidents with children, as well as risks for                              animals and the environment. It has been identified as potentially persistent, liable to bioaccumulate and toxic (‘PBT’),                              or very persistent and very liable to bioaccumulate (‘vPvB’).

(3)For reasons of public health and hygiene, it was nevertheless found to be justified to include difenacoum and other anticoagulant                              rodenticides in Annex I to Directive 98/8/EC, thus allowing Member States to authorise difenacoum-based products. However,                              Directive 2008/81/EC obliges Member States to ensure, when granting authorisation of products containing difenacoum, that                              primary as well as secondary exposure of humans, non-target animals and the environment is minimised, by considering and applying                              all appropriate and available risk mitigation measures. The risk mitigation measures mentioned in Directive 2008/81/EC therefore                              include, amongst others, restriction to professional use only.

(4)The company Zapi S.p.A. (‘the applicant’) has, in accordance with Article 8 of Directive 98/8/EC, submitted an application                              to the United Kingdom for authorisation of four rodenticides containing difenacoum (‘the products’).

(5)The United Kingdom granted the authorisations on 19 September 2011. The products were authorised with restrictions to ensure                              the conditions of Article 5 of Directive 98/8/EC were met in the United Kingdom. Those restrictions did not include restriction                              to trained or licensed professional users.

(6)On 30 June 2010, the applicant submitted a complete application to Germany for mutual recognition of the first authorisations                              in respect of the products.

(7)On 8 June 2012, Germany notified the Commission, the other Member States and the applicant of its proposal to restrict the                              first authorisations in accordance with Article 4(4) of Directive 98/8/EC. Germany proposed to impose a restriction on the                              products to use by trained or licensed professionals.

(8)The Commission invited the other Member States and the applicant to submit comments to the notification in writing within                              90 days in accordance with Article 27(1) of Directive 98/8/EC. No comments were submitted within that deadline. The notification                              was also discussed between the Commission and Member States’ Competent Authorities for biocidal products in the meeting of                              the Product Authorisation and Mutual Recognition Facilitation Group of 3-4 July 2012.

(9)In accordance with Directive 2008/81/EC, authorisations of biocidal products containing difenacoum are to be subject to all                              appropriate and available risk mitigation measures, including the restriction to professional use only. The scientific evaluation                              leading to the adoption of Directive 2008/81/EC concluded that only professional users could be expected to follow the instructions                              minimising the risk of secondary poisoning of non-target animals, and to use products in a way that prevents the development                              and spreading of resistance. A restriction to professional users should therefore in principle be considered to be an appropriate                              risk mitigation measure, in particular in Member States where resistance to difenacoum occurs.

(10)In the absence of any indication to the contrary, restriction to professional users is therefore an appropriate and available                              risk mitigation measure for the authorisation of products containing difenacoum in Germany. This conclusion is reinforced                              by the arguments put forward by Germany that resistance against difenacoum in rats has been found and is thought to be developing                              in the country. Furthermore, Germany has a well-functioning infrastructure of trained pest control operators and licensed                              professionals, such as farmers, gardeners and foresters who received professional training, which means that the proposed                              restriction does not hinder infection prevention.

(11)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 1U.K.

Germany may restrict the authorisations granted in accordance with Article 4 of Directive 98/8/EC for the products mentioned                     in the Annex to this Decision to use by trained or licensed professionals.                  

# Article 2U.K.

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 19 February 2013.

*For the Commission*                            

Janez Potočnik                            

*Member of the Commission*                            

## ANNEXU.K.

Products for which Germany may restrict the authorisations granted in accordance with Article 4 of Directive 98/8/EC to use                     by trained or licensed professionals:                  

1

OJ L 123, 24.4.1998, p. 1.                           

2

OJ L 201, 30.7.2008, p. 46.