EN Official Journal of the European Union L 216/17

COMMISSION DECISION

of 14 August 2007

concerning the non-inclusion 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 of certain substances to be examined under the 10-year work programme referred to in Article 16(2) thereof

(notified under document number C(2007) 3846)

(Text with EEA relevance)

(2007/565/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 2032/2003 of 4 November 2003 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 and amending Regulation (EC) No 1896/2000 (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(2) For a number of substances/product type combinations included on that list either all participants have withdrawn from the review program in accordance with Article 8(2) of Regulation (EC) No 2032/2003 or no complete dossier as referred to in Article 9(5) of that Regulation was received within the time period specified in Annexes V and VIII thereof by the Rapporteur Member State designated for the evaluation.

(3) Consequently, pursuant to Article 8(3) and (4) and Article 9 (5) of Regulation (EC) No 2032/2003, the Commission informed the Member States accordingly. That information was also made public by electronic means on 14 June 2006.

(4) Within three months of the electronic publication of that information, no company or Member State indicated an interest in taking over the role of participant for the substances and product-types concerned.

(5) The substances and product-types concerned should therefore be removed from the Review Programme and not be included in Annexes I, IA or IB to Directive 98/8/EC.

(6) 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 and the product-types indicated in the Annex to this Decision shall not be included in Annexes I, IA or IB to Directive 98/8/EC.

Article 2

For the purposes of the third subparagraph of Article 4(2) of Regulation (EC) No 2032/2003, this Decision shall apply from the day following its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 14 August 2007. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2007/20/EC of 3 April 2007 (OJ L 94, 4.4.2007, p. 23).

(2) OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1849/2006 (OJ L 355, 15.12.2006, p. 63).

ANNEX

Substances and product-types not to be included in Annexes I, IA and IB to Directive 98/8/EC