Commission Directive 2007/20/EC of 3 April 2007 amending Directive 98/8/EC of the European Parliament and of the Council to include dichlofluanid as an active substance in Annex I thereto (Text with EEA relevance )
Date: 2007-04-03
Institutions: European Commission
Subjects: chemical product, environmental protection, marketing, public health, wood industry

4.4.2007

EN

Official Journal of the European Union

L 94/23

DIRECTIVES

COMMISSION DIRECTIVE 2007/20/EC

of 3 April 2007

amending Directive 98/8/EC of the European Parliament and of the Council to include dichlofluanid
as an active substance in Annex I thereto

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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) second subparagraph thereof,

Whereas:

(1)

(2)

(3)

(EC) No

2032/2003

Commission Regulation
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
(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. That list includes
dichlofluanid.

amending Regulation

the market,

and

to Regulation (EC) No 2032/2003, dichlo-
Pursuant
fluanid has been evaluated in accordance with Article
11(2) of Directive 98/8/EC for use in product-type 8,
wood preservatives, as defined in Annex V to Directive
98/8/EC.

In accordance with Article 5(2) of Regulation (EC)
No 2032/2003, the United Kingdom was designated as
The United Kingdom
Rapporteur Member
submitted the
together
with a
to the Commission on
13 September 2005 in accordance with Article 10(5)
and (7) of that Regulation.

competent authority report,

recommendation,

State.

(1) OJ L 123, 24.4.1998, p. 1. Directive as

last amended by
Commission Directive 2006/140/EC (OJ L 414, 30.12.2006, p. 78).
(2) OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 1849/2006 (OJ L 355, 15.12.2006, p. 63).

(5)

(6)

(7)

(8)

The competent authority report has been reviewed by
the Member States and the Commission. In accordance
with Article 11(4) of Regulation (EC) No 2032/2003,
the findings of
the review were incorporated, within
the Standing Committee on Biocidal Products on
28 November 2006, in an assessment report.

The review of dichlofluanid did not reveal any open
questions or concerns to be addressed by the Scientific
Committee on Health and Environmental Risks (SCHER).

It appears from the various examinations made that
and
biocidal products used as wood preservatives
containing dichlofluanid may be expected to satisfy the
requirements laid down in Article 5 of Directive 98/8/EC,
in particular with regard to the uses which were
examined and detailed in the assessment report.
It is
therefore appropriate to include dichlofluanid in An-
nex I to Directive 98/8/EC,
in order to ensure that in
all Member States authorisations for biocidal products
used as wood preservatives and containing dichlofluanid
can be granted, modified, or cancelled in accordance with
Article 16(3) of Directive 98/8/EC.

that

is important

this Directive
It
the provisions of
the Member
should be applied simultaneously in all
States in order to ensure equal
treatment of biocidal
products on the market containing the active substance
dichlofluanid and also to facilitate the proper operation
of the biocidal products market in general.

In the light of the findings of the assessment report, it is
appropriate to require that products authorised for
industrial use must be used with appropriate personal
protective equipment and that instructions are provided
to indicate that
treated timber must be stored after
treatment on impermeable hard standing to prevent
direct losses to soil and allow losses to be collected for
re-use or disposal, in accordance with Article 10(2)(i)(d)
of Directive 98/8/EC.

L 94/24

EN

Official Journal of the European Union

4.4.2007

(9)

A reasonable period should be allowed to elapse before
an active substance is included in Annex I to Directive
98/8/EC in order to permit Member States and the
interested parties to prepare themselves to meet
the
new requirements entailed and to ensure that applicants
who have prepared dossiers can benefit fully from the
10-year period of data protection, which, in accordance
with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from
the date of inclusion.

(10) After inclusion, Member States should be allowed a
reasonable period to implement Article 16(3) of
Directive 98/8/EC, and in particular, to grant, modify
in
or
product-type 8 containing dichlofluanid to ensure that
they comply with Directive 98/8/EC.

authorisations of biocidal products

cancel

provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

They shall apply those provisions from 1 March 2009.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

(11) Directive

98/8/EC should

therefore

be

amended

accordingly.

Article 3

(12)

The measures provided for
accordance with
Committee on Biocidal Products,

the

opinion

in this Directive are in
Standing
the

of

This Directive shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

HAS ADOPTED THIS DIRECTIVE:

Article 1

Article 4

This Directive is addressed to the Member States.

Annex I to Directive 98/8/EC is amended in accordance with
the Annex to this Directive.

Done at Brussels, 3 April 2007.

Article 2

1. Member States shall adopt and publish, by 29 February
the laws, regulations and administrative
2008 at

the latest,

For the Commission

Stavros DIMAS
Member of the Commission

4.4.2007

EN

Official Journal of the European Union

L 94/25

r
o
/
d
n
a

-
o
r
p
p
a

h
t
i

w

d
e
s
u

e
b

t
s
u
m

e
s
u

l
a
n
o
i
s
s
e
f
o
r
p

l
a
i
r
t
s
u
d
n

i

r
o
f

d
e
s
i
r
o
h
t
u
a

s
t
c
u
d
o
r
P

)

1

(

.
t
n
e
m
p
u
q
e

i

e
v
i
t
c
e
t
o
r
p

l
a
n
o
s
r
e
p

e
t
a
i
r
p

n
o
i
t
a
g
i
t
i

m

k
s
i
r

e
t
a
i
r
p
o
r
p
p
a

t
n
e
m

t
r
a
p
m
o
c

t
a
h
t

t
c
e
t
o
r
p

o
t

n
e
k
a
t

e
b

t
s
u
m

s
e
r
u
s
a
e
m

l
i

o
s

e
h
t

r
o
f

d
e
i
f
i
t
n
e
d

i

s
k
s
i
r

e
h
t

f
o

w
e
i
v

n
I

)

2

(

.
t
n
e
m

t
r
a
p
m
o
c

t
a
h
t

r
e
t
f
a

e
t
a
c
i
d
n

i

e
s
u

l
a
i
r
t
s
u
d
n

i

r
o
f

d
e
s
i
r
o
h
t
u
a

d
e
r
o
t
s

e
b

t
s
u
m

r
e
b
m

i
t

d
e
t
a
e
r
t

y
l
h
s
e
r
f

o
t

i

g
n
d
n
a
t
s

d
r
a
h

e
l
b
a
e
m
r
e
p
m

i

n
o

t
n
e
m
t
a
e
r
t

y
n
a

t
a
h
t

d
n
a

l
i

o
s

o
t

s
e
s
s
o

l

t
c
e
r
i
d

t
n
e
v
e
r
p

r
o

e
s
u
-
e
r

r
o
f

d
e
t
c
e
l
l

o
c

e
b

t
s
u
m

s
e
s
s
o

l

s
t
c
u
d
o
r
p

f
o

s
t
e
e
h
s

a
t
a
d
-
y
t
e
f
a
s

r
o
/
d
n
a

s
l
e
b
a
L

)

3

(

.
l
a
s
o
p
s
i
d

:
s
n
o
i
t
i
d
n
o
c

i

g
n
w
o

l
l

o
f

e
h
t

o
t

t
c
e
j
b
u
s

e
r
a

s
n
o
i
t
a
s
i
r
o
h
t
u
a

t
a
h
t

e
r
u
s
n
e

l
l
a
h
s

s
e
t
a
t
S

r
e
b
m
e
M

8

9
1
0
2

y
r
a
u
r
b
e
F

8
2

1
1
0
2

y
r
a
u
r
b
e
F

8
2

9
0
0
2

h
c
r
a
M

1

w
w

/

%
6
9

>

)
*
(

s
n
o
i
s
i
v
o
r
p

c
i
f
i
c
e
p
S

e
p
y
t

t
c
u
d
o
r
P

n
o
i
s
u
l
c
n

i

f
o

e
t
a
d

y
r
i
p
x
E

y
l
p
m
o
c

o
t

e
n

i
l

d
a
e
d

e
h
t

h
c
i
h
w

n
o
i
s
u
l
c
n

i

f
o

e
t
a
D

l
a
d
i
c
o
b

i

e
h
t

n

i

e
h
t

e
h
t

e
b

f
o

l
l
a
h
s

)

(

3
6
1

e
l
c
i
t
r
A

h
t
i

w

t
s
a
l

e
h
t

n

i

t
u
o

t
e
s

e
n
o

o
t

g
n
i
t
a
l
e
r

s
n
o
i
s
i
c
e
d

n
o
i
s
u
l
c
n

i

)
s
e
c
n
a
t
s
b
u
s

e
v
i
t
c
a

s
t
i

d
e
c
a
l
p

s
a

t
c
u
d
o
r
p

t
e
k
r
a
m

e
h
t

n
o

f
o

y
t
i
r
u
p

m
u
m
n
M

i

i

e
c
n
a
t
s
b
u
s

e
v
i
t
c
a

e
h
t

X
E
N
N
A

h
t
i

w

e
c
n
a
i
l

p
m
o
c

r
o
f

e
n

i
l

d
a
e
D

r
o
f

t
p
e
c
x
e
(

)

(

3
6
1

e
l
c
i
t
r
A

e
r
o
m

i

g
n
n
i
a
t
n
o
c

s
t
c
u
d
o
r
p

r
o
f

,
e
c
n
a
t
s
b
u
s

e
v
i
t
c
a

e
n
o

n
a
h
t

C
E
/
8
/
8
9

e
v
i
t
c
e
r
i

D

o
t

I

x
e
n
n
A

n

i

e
l
b
a
t

e
h
t

n

i

d
e
d
d
a

e
b

l
l
a
h
s

’

2

o
N

‘

y
r
t
n
e

i

g
n
w
o

l
l

o
f

e
h
T

e
m
a
n

C
A
P
U

I

s
r
e
b
m
u
n

n
o
i
t
a
c
i
f
i
t
n
e
d
I

e
m
a
n

n
o
m
m
o
C

o
N

-
l
u
s
l
y
n
e
h
p
-
N

-
l
y
h
t
e
m
d

i

9
-
8
9
-
5
8
0
1

:

o
N

S
A
C

7
-
8
1
1
-
4
1
2

:

o
N

C
E

i

e
d
m
a
f

-
o
r
o
u
l
f
o
r
o
h
c
i
D

l

-

′

N

,

′

N

i

-
)
o
h
t
l
y
h
t
e
m

(
-

N

i

d
n
a
u
l
f
o
h
c
i
d

l

2

‘

’

.

m
t
h
x
e
d
n
i
/
s
e
d
i
c
o

i

b
/
t
n
e
m
n
o
r
i
v
n
e
/
m
m
o
c
/
u
e
.
a
p
o
r
u
e
.
c
e
/
/
:
p
t
t
h

:
e
t
i
s
b
e
w

n
o
i
s
s
i

m
m
o
C

e
h
t

n
o

e
l
b
a
l
i
a
v
a

e
r
a

s
t
r
o
p
e
r

t
n
e
m

s
s
e
s
s
a

f
o

s
n
o
i
s
u
l
c
n
o
c

d
n
a

t
n
e
t
n
o
c

e
h
t

,
I

V

x
e
n
n
A

f
o

s
e
l
p
i
c
n
i
r
p

n
o
m
m
o
c

e
h
t

f
o

n
o

i
t
a
t
n
e
m
e
l
p
m

i

e
h
t

r
o
F

)
*
(