Commission Directive 2007/70/EC of 29 November 2007 amending Directive 98/8/EC of the European Parliament and of the Council to include carbon dioxide as an active substance in Annex IA thereto (Text with EEA relevance)
Date: 2007-11-29
Institutions: European Commission
Subjects: Council of the European Union, EC Directive, European Parliament, approximation of laws, carbon, chemical compound, marketing, rodent

L 312/26

EN

Official Journal of the European Union

30.11.2007

COMMISSION DIRECTIVE 2007/70/EC

of 29 November 2007

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 the
second subparagraph of Article 16(2),

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 2032/2003 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 the market and amending Regulation (EC) No
1896/2000 (2) establishes a list of active substances to
be assessed, with a view to their possible inclusion in
Annex I,
list
includes carbon dioxide.

IB to Directive 98/8/EC. That

IA or

Pursuant
to Regulation (EC) No 2032/2003, carbon
dioxide has been evaluated in accordance with Article
11(2) of Directive 98/8/EC for use in product-type 14,
rodenticides, as defined in Annex V to Directive 98/8/EC.

France was designated as Rapporteur Member State and
submitted the competent authority report, together with
a recommendation, to the Commission on 15 May 2006
in accordance with Article 10(5) and (7) of Regulation
(EC) No 2032/2003.

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 21 June
2007, in an assessment report.

(5)

(6)

(7)

(8)

(9)

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

It appears from the various examinations made that
biocidal products used as rodenticides and containing
carbon dioxide may be expected to present only low
risk to humans, animals and the environment and to
laid down in Article 5 of
satisfy the requirements
Directive 98/8/EC, in particular with regard to the uses
which were examined and detailed in the assessment
is therefore appropriate to include carbon
report.
dioxide in Annex IA,
in all
for
authorisations or
Member
biocidal products used as rodenticides and containing
carbon dioxide can be granted, modified, or cancelled
in accordance with Article 16(3) of Directive 98/8/EC.

in order to ensure that

registrations

States

It

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

themselves

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

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
or cancel authorisations or
registrations of biocidal
products in product-type 14 containing carbon dioxide
to ensure that they comply with Directive 98/8/EC.

(10) Directive

98/8/EC should

therefore

be

amended

accordingly.

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

2007/47/EC (OJ L 247, 21.9.2007, p. 21).

(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).

(11)

The measures provided for
accordance with
Committee on Biocidal Products,

the

opinion

in this Directive are in
Standing
the

of

30.11.2007

EN

Official Journal of the European Union

L 312/27

HAS ADOPTED THIS DIRECTIVE:

Article 1

reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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

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.

Article 2

Transposition

the latest,

1. Member States shall adopt and publish, by 31 October
2008 at
the laws, regulations and administrative
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 November 2009.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a

Article 3

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 November 2007.

For the Commission

Stavros DIMAS
Member of the Commission

L 312/28

EN

Official Journal of the European Union

30.11.2007

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