EN Official Journal of the European Union CE 78/816

(2004/C 78 E/0866)

WRITTEN QUESTION E-3465/03

by Caroline Jackson (PPE-DE) to the Commission

(21 November 2003)

Subject: Dichlofluanid

Does the Commission believe that there is sufficient scientific evidence to justify a ban on dichlofluanid? If so, does the Commission have any plans to ban the use of dichlofluanid as a non-professional wood preservative in urban environments?

Answer given by Mrs Wallström on behalf of the Commission

(8 January 2004)

Directive 98/8/EC of the Parliament and the Council of 16 February 1998 regulates the placing of biocidal products, such as wood preservatives, on the market (1). The Directive provides — among others — for a ten-year review programme of all active substances, which were used in biocidal products before 14 May 2000 (the so-called ‘existing’ active substances), in order to establish that they do not have unacceptable effects on the environment and on human or animal health.

According to Commission Regulation (EC) No 1896/2000 (2), all active substances had to be identified by 28 March 2002 and economic operators interested to continue placing their active substances on the market had to notify them by the same date (3). Notified substances will be evaluated in view of their possible inclusion in Annexes I or IA of the Directive if their impact on human and animal health and the environment is found to be acceptable. Active substances that are only identified will have to be phased out by 1 September 2006 at the latest.

The active substance dichlofluanid has been notified for use in product types 7 (film preservatives), 8 (wood preservatives), 10 (masonry preservatives) and 21 (antifouling products). Complete dossiers for active substances used in wood preservatives (and rodenticides) are scheduled to be evaluated first, and will have to be submitted by 28 March 2004. The United Kingdom has been designated as the Rapporteur Member State.

Dichlofluamid can be placed on the market in accordance with the current practice in the Member States until the evaluation of the dossier is completed and a decision has been taken on its inclusion or not, as the case may be, in annex I or IA of the Directive. If the evaluation results in unacceptable risks, the substance will not be included in an annex of the Directive and it will no longer be possible to use it in wood preservatives. If the risks are found acceptable dichofluanid will be included in the appropriate annex, together with all conditions or restrictions that are deemed necessary. Interested parties can subsequently apply for authorisation/registration of wood preservatives containing the substance.

(1) OJ L 123, 24.4.1998.

(2) Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the Parliament and of the Council on biocidal products (Text with EEA relevance), OJ L 228, 8.9.2000.

(3) The deadline of 28 March 2002 was extended by Commission Regulation (EC) 1687/2002 until 31 January 2003, for the notification of substances that had only been identified, or substances that had been notified only for certain product types.