COMMISSION DELEGATED REGULATION (EU) 2022/825

of 17 March 2022

amending Annex II to Delegated Regulation (EU) No 1062/2014 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

(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 the first subparagraph of Article 89(1) thereof,

Whereas:

(1) Annex II to Commission Delegated Regulation (EU) No 1062/2014 (2) includes a list of active substance/product-type combinations included in the programme of review of existing active substances contained in biocidal products on 6 November 2018.

(2) The identities of certain active substances listed in Annex II to Delegated Regulation (EU) No 1062/2014 have been redefined pursuant to Article 13 of that Regulation in order to identify in a more precise manner those active substances and establish the corresponding new substance identity.

(3) Following the publication by the European Chemicals Agency (‘the Agency’) of an open invitation to take over the role of participant for certain active substance/product-type combinations covered by the existing substance identity but not by the new substance identity, substance/product-type combinations notified pursuant to Article 14(1), point (b), and found by the Agency to be compliant with Article 17(2) of Delegated Regulation (EU) No 1062/2014 should be included in Annex II to that Regulation pursuant to Article 18 of that Regulation.

(4) Following the declarations received pursuant to Article 16(4) of Delegated Regulation (EU) No 1062/2014, the Agency published an invitation so that any person with an interest could notify active substances in product-type 19 that benefitted from the derogation for food and feed provided for by Article 6 of Commission Regulation (EC) No 1451/2007 (3). Two notifications for peanut butter and brandy for use in product-type 19 were submitted pursuant to Article 16(5) and found by the Agency to be compliant with Article 17(2) of Delegated Regulation (EU) No 1062/2014. Those active substances should therefore be included in Annex II to that Regulation pursuant to Article 18 of that Regulation.

(5) In the Annex to this Regulation, it is appropriate to state the Member States whose competent authorities should be the evaluating competent authorities for the active substance/product-type combinations to be added to Annex II to Delegated Regulation (EU) No 1062/2014.

(6) Active substances for which a decision of approval or non-approval has been adopted after 6 November 2018 for one or more product-types, or which were included in Annex I to Regulation (EU) No 528/2012 pursuant to Article 28(1) of that Regulation, are no longer in the review programme. Therefore, those active substances should no longer be included in Annex II to Delegated Regulation (EU) No 1062/2014 for the concerned product-types.

(7) In order to reflect the actual situation and for transparency, it is appropriate to provide a list of active substance/product-type combinations included in the programme of review of existing active substances contained in biocidal products on the day of adoption of this Regulation.

(8) Delegated Regulation (EU) No 1062/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 Annex II to Delegated Regulation (EU) No 1062/2014 is replaced by the Annex to this Regulation.

Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 March 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 167, 27.6.2012, p. 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 (OJ L 294, 10.10.2014, p. 1).

(3) 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 (OJ L 325, 11.12.2007, p. 3).