2007/226/EC: Commission Decision of 11 April 2007 concerning the extension of the deadline for placing on the market of biocidal products containing certain active substances not examined during the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (notified under document number C(2007) 1545)
Date: 2007-04-11
Institutions: European Commission
Subjects: France, Poland, derogation from EU law, insecticide, marketing, veterinary medicinal product, wood industry

12.4.2007

EN

Official Journal of the European Union

L 97/47

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 11 April 2007

concerning the extension of the deadline for placing on the market of biocidal products containing
certain active substances not examined during the 10-year work programme referred to in Article
16(2) of Directive 98/8/EC of the European Parliament and of the Council

(notified under document number C(2007) 1545)

(Only the French and Polish texts are authentic)

(2007/226/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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) thereof,

Whereas:

(1)

Article 16(2) second subparagraph, and (3) of Directive
98/8/EC (hereinafter referred to as the Directive) provide
that, where the requisite information and data for the
substance have not been
evaluation of
an active
submitted within the prescribed period,
it may be
decided not to include the active substance in Annexes
I, IA or IB of the Directive. Following such a decision,
Member States should withdraw all authorisations for
biocidal products containing the active substance.

the first and second phase of

Commission Regulations (EC) No 1896/2000 (2) and (EC)
No 2032/2003 (3) lay down the detailed rules for the
implementation of
the
10-year work programme referred to in Article 16(2)
of
the Directive. Article 4(2) of Regulation (EC) No
2032/2003 specifies 1 September 2006 as the date
with effect
shall cancel
from which Member States
authorisations for biocidal products containing identified
existing active substances in respect of which there has
been neither an accepted notification nor an expression
of interest by a Member State.

Article 4a of Regulation (EC) No 2032/2003, as amended
by Commission Regulation (EC) No 1048/2005 (4), lays
down the conditions under which Member States may
apply to the Commission for an extension of the phase-
out period laid down in its Article 4(2) and the
conditions for granting such an extension.

For some of
the active substances for which use in
biocidal products shall be prohibited after 1 September
2006, applications for extension of this phase-out period
have been submitted by individual Member States to the
Commission together with information demonstrating a
need for further use of the substances concerned.

(3)

(4)

(2) OJ L 228, 8.9.2000, p. 6. Regulation as amended by Regulation

(EC) No 2032/2003 (OJ L 307, 24.11.2003, p. 1).

(3) Regulation as last amended by Regulation (EC) No 1849/2006

(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).

(OJ L 355, 15.12.2006, p. 63).

(4) OJ L 178, 9.7.2005, p. 1.

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(5)

(6)

(7)

(8)

Poland has submitted information demonstrating the
temporary absence of suitable alternatives to cyfluthrin
with regard to its use as an insecticide for the protection
of building timber in historical and other constructions.
this
A brief extension of
substance seems appropriate, to allow for efficacy data
to be submitted for other alternative substances and their
placing on the Polish market
to become possible
according to national legislation.

the phase-out period for

France has submitted information demonstrating the
need to provide for as wide a spectrum as possible of
available larvicides to combat mosquitoes that are vectors
the
serious diseases affecting the population of
of
Member State's overseas departments, and requested to
maintain temephos on the market of these regions. An
extension of
the phase-out period for this substance
seems appropriate to allow for its replacement by other
suitable substances.

temporary

continuation of

France has submitted information demonstrating the
the use of
need for
to
ammonia as a veterinary hygiene biocidal product
prevent
infections by coccidia, cryptosporidium and
nematodes in livestock. An extension of the phase-out
period for this substance seems appropriate to permit its
gradual replacement by other available substances that
are notified for evaluation under the Directive's review
programme.

The measures provided for
accordance with
Committee on Biocidal Products,

the

opinion

in this Decision are in
Standing
the

of

HAS ADOPTED THIS DECISION:

Article 1

the Member States listed in column B of

By derogation from Article 4(2) of Regulation (EC) No
the
2032/2003,
Annex to this Decision may grant or maintain an existing
approval
for placing on the market of biocidal products
containing substances listed in column A of the Annex, for
the dates
the essential uses listed in column D and until
stated in column C of that Annex.

Article 2

1. Member States making use of the derogation provided for
in Article 1 of this Decision shall ensure that the following
conditions are complied with:

(a) continued use is only possible under the conditions that
products containing the substance are approved for the
intended essential use;

(b) the continued use is only accepted so far as it has no
unacceptable effect on human or animal health or on the
environment;

(c) all appropriate risk reduction measures are imposed when

granting approval;

(d) such biocidal products

remaining on the market after
1 September 2006 are relabelled in order to match the
restricted use conditions;

(e) where appropriate, Member States shall ensure that alterna-
tives for such uses are being sought by the holders of the
approvals or by the Member States concerned, or that a
dossier is being prepared for submission in accordance
with the procedure laid down in Article 11 of Directive
98/8/EC by 14 May 2008 at the latest.

2. Where appropriate, the Member States concerned shall
inform the Commission annually on the
application of
paragraph 1 and in particular on the actions taken pursuant
to point (e).

Article 3

This Decision is addressed to the French Republic and the
Republic of Poland.

Done at Brussels, 11 April 2007.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

List of authorisations referred to in Article 1

Column A

Column B

Column C

Active substance

Member State

Dates

Column D

Use

Cyfluthrin

EC No 269-855-7

CAS No 68359-37-5

Temephos

EC No 222-191-1

CAS No 3383-96-8

Ammonia

EC No 231-635-3

CAS No 7664-41-7

Poland

1.9.2007

For the protection of construction wood
against insects; for professional use only.

France

14.5.2009

For vector mosquito control;
Overseas Departments of France only.

in the

France

14.5.2008

Veterinary hygiene biocidal product for
the prevention of infections by coccidia,
cryptosporidia
in
and
livestock; only when no other means
with similar effect can be used.

nematodes