Commission Regulation (EC) No 1687/2002 of 25 September 2002 on an additional period for notification of certain active substances already on the market for biocidal use as established in Article 4(1) of Regulation (EC) No 1896/2000 (Text with EEA relevance)
Date: 2002-09-25
Institutions: European Commission
Subjects: animal health, chemical product, dangerous substance, environmental protection, marketing, public health

26.9.2002

EN

Official Journal of the European Communities

L 258/15

COMMISSION REGULATION (EC) No 1687/2002

of 25 September 2002

on an additional period for notification of certain active substances already on the market for
biocidal use as established in Article 4(1) of Regulation (EC) No 1896/2000

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

each notified existing active substance the product types
concerned and the Annex to Directive 98/8/EC,
for
which inclusion is sought (4).

Having regard to the Treaty establishing the European
Community,

(4)

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 16(2) thereof,

the

first phase of

These lists could not be made publicly available before
the deadline had expired on 28 March 2002 for submit-
ting notifications of existing active substances in one or
more product types in accordance with Article 4(1) of
Regulation (EC) No 1896/2000. For reasons of transpar-
ency and clarity of the establishment and implementa-
tion of
the work programme
concerning the existing active substances already on the
market it should be possible for producers, formulators
and associations to submit notifications for existing
active substances for one or more product types where
the existing active substance has only been identified or
for product types other than those for which the existing
active substance has already been notified. Such notifica-
tion should be made not later than 31 January 2003.
This additional period should be without negative effect
on the establishment of the final lists, the prioritisation
of the review and all other deadlines in the programme
of work as set out in Regulation (EC) No 1896/2000.

(5)

The additional period should allow producers, formula-
tors and associations wishing to apply for the inclusion
in Annex I, IA or IB to Directive 98/8/EC of such an
existing active substance in one or more product types
to notify that active substance to the Commission in
accordance with Regulation (EC) No 1896/2000 by
submitting the information referred to in Annex II to
that Regulation.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down an additional period for submitting
notifications in accordance with Article 4(1) of Regulation (EC)
No 1896/2000 for existing active substances, that have only
been identified, or only notified for certain product types.

(4) These active substances are listed in the preliminary list of notified

existing active substances at: http://ecb.jrc.it/biocides.

Whereas:

(1)

(2)

(3)

Pursuant to Directive 98/8/EC a programme of work is
to be carried out concerning a review of all active
existing substances of biocidal products already on the
market on 14 May 2000, hereinafter referred to as
‘existing active substances’. The first phase of
the
programme of work was laid down by 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 European Parliament
and of the Council on biocidal products (2). Pursuant to
Directive 98/8/EC the timetable for the programme of
work is to be set by the Commission.

According to Article 3(1) of Regulation (EC) No 1896/
2000 each producer of an existing active substance
placed on the market for use in biocidal products had to
identify that active substance to the Commission by 28
March 2002. Pursuant to Article 4(1) and Article 8(1) of
that Regulation producers, formulators and associations
wishing to apply for the inclusion in Annex I, Annex IA
or Annex IB to Directive 98/8/EC of an existing active
substance in one or more product types had to notify
that active substance to the Commission by 28 March
2002. According to Article 3(2) of that Regulation these
producers or formulators did not have to make a sepa-
rate identification.

A preliminary list of existing active substances which
have been identified in accordance with Regulation (EC)
No 1896/2000 has been established (3). Furthermore, a
preliminary list of existing active substances for which at
least one notification in accordance with Article 4(1) or
Article 8(1) of Regulation (EC) No 1896/2000 has been
made has also been established. This list indicates for

(1) OJ L 123, 24.4.1998, p. 1.
(2) OJ L 228, 8.9.2000, p. 6.
(3) These active substances are listed in the preliminary electronic list of
identified existing active substances at: http://ecb.jrc.it/biocides.

L 258/16

EN

Official Journal of the European Communities

26.9.2002

Article 2

Definitions

For the purpose of this Regulation the definitions in Article 2
of Directive 98/8/EC and Article 2 of Regulation (EC) No 1896/
2000 shall apply.

The following definitions shall also apply:

(a) ‘Identified existing active

substance’ means an active
substance on the market before 14 May 2000 for use in
biocidal products for purposes other than those referred to
in Article 2(2)(c) and (d) of Directive 98/8/EC, which has
been:
(i) identified in accordance with Article 3(1) of Regulation

(EC) No 1896/2000; or

(ii) notified in accordance with Article 4(1) of that Regula-

tion,

but excluding those identified by Member States pursuant
to Article 5(2) of the same Regulation;

(b) ‘Notified existing

active

substance’ means

an active
substance on the market before 14 May 2000 for use in
biocidal products for purposes other than those referred to
in Article 2(2)(c) and (d) of Directive 98/8/EC, for which:
(i) at least one notification has been made in accordance
with Article 4(1) or Article 8(1) of Regulation (EC) No
1896/2000; or

or in Annex IB in accordance with Article 8(3) of that
Regulation.

Article 3

New deadline for notification of existing active substances

1.
Producers, formulators and associations wishing to apply
for the inclusion in Annex I, Annex IA or Annex IB to Directive
98/8/EC of an identified but not notified existing active
substance into one or more product types shall notify that
active substance to the Commission in accordance with Article
4(1) of Regulation (EC) No 1896/2000 not
later than 31
January 2003.

Producers, formulators and associations wishing to apply
2.
for the inclusion in Annex I, Annex IA or Annex IB to Directive
98/8/EC of a notified existing active substance into one or more
product types other than those product types already included
for that particular notified existing active substance in the preli-
minary list of notified existing active substances, shall submit a
notification to the Commission in accordance with Article 4(1)
of Regulation (EC) No 1896/2000 not later than 31 January
2003.

Article 4

Entry into force

(ii) for which at

least one Member State has indicated
interest in the possible inclusion in Annex I or IA in
accordance with Article 5(3) of Regulation 1896/2000

This Regulation shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 September 2002.

For the Commission

Margot WALLSTRÖM

Member of the Commission