Commission Directive 2008/79/EC of 28 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include IPBC as an active substance in Annex I thereto (Text with EEA relevance)
Date: 2008-07-28
Institutions: European Commission
Subjects: chemical product, environmental protection, health risk, marketing, wood industry

L 200/12

EN

Official Journal of the European Union

29.7.2008

DIRECTIVES

COMMISSION DIRECTIVE 2008/79/EC

of 28 July 2008

amending Directive 98/8/EC of the European Parliament and of the Council to include IPBC as an
active substance in Annex I 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) thereof,

Whereas:

(1)

(2)

(3)

(4)

(EC) No

1451/2007

of
Commission Regulation
4 December 2007 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 (2) establishes a list of active substances to be
assessed, with a view to their possible inclusion in
Annex I,
list
includes IPBC.

IB to Directive 98/8/EC. That

IA or

Pursuant to Regulation (EC) No 1451/2007, IPBC 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.

Denmark was designated as Rapporteur Member State
and submitted the competent authority report, together
with a
to the Commission on
29 September 2006 in accordance with Article 14(4)
and (6) of Regulation (EC) No 1451/2007.

recommendation,

The competent authority report was reviewed by the
In accordance
Member States and the Commission.
with Article 15(4) of Regulation (EC) No 1451/2007,

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

2008/31/EC (OJ L 81, 20.3.2008, p. 57).

(2) OJ L 325, 11.12.2007, p. 3.

(5)

(6)

(7)

(8)

the findings of the review were incorporated, within the
Standing
on
22 February 2008, in an assessment report.

Committee

Products

Biocidal

on

It appears from the examinations made that biocidal
products used as wood preservatives and containing
IPBC may be expected to satisfy the requirements laid
down in Article 5 of Directive 98/8/EC. It is therefore
in order to
appropriate to include IPBC in Annex I,
for
ensure that
in all Member States authorisations
biocidal products used as wood preservatives
and
containing IPBC can be granted, modified, or cancelled
in accordance with Article 16(3) of Directive 98/8/EC.

thereto.

authorisation level

In the light of the findings of the assessment report, it is
appropriate to require that risk mitigation measures are
applied at product
to products
containing IPBC and used as wood preservatives to
ensure that risks are reduced to an acceptable level
in
accordance with Article 5 of Directive 98/8/EC and
In particular, appropriate measures
Annex VI
should be
and aquatic
the
compartments after application of
the products since
unacceptable risks in these compartments have been
identified during the evaluation and products intended
for industrial and/or professional use should be used
with appropriate protective equipment if the risk iden­
tified for industrial and/or professional users cannot be
reduced by other means.

taken to protect

soil

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 IPBC and also
to facilitate
the biocidal
the proper operation of
products market in general.

themselves

A reasonable period should be allowed to elapse before
an active substance is included in Annex I 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.

29.7.2008

EN

Official Journal of the European Union

L 200/13

(9)

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
they
product-type 8 containing IPBC to ensure that
comply with Directive 98/8/EC.

authorisations of biocidal products

cancel

(10) Directive

98/8/EC should

therefore

be

amended

accordingly.

(11)

The measures provided for
accordance with
Committee on Biocidal Products,

the

opinion

in this Directive are in
Standing
the

of

HAS ADOPTED THIS DIRECTIVE:

Article 1

They shall apply those provisions from 1 July 2010.

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.

Article 3

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

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

Article 4

This Directive is addressed to the Member States.

Article 2

Transposition

1. Member States shall adopt and publish, by 30 June 2009
at the latest, 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.

Done at Brussels, 28 July 2008.

For the Commission

Stavros DIMAS
Member of the Commission

L 200/14

EN

Official Journal of the European Union

29.7.2008

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