L 151/70
EN
Official Journal of the European Union
2.6.2022
(14)
Taking into account the methods of application of the biocidal product and the available information from the evaluating body, no such technical or organisational measures have been identified in the application for authorisation of the biocidal product, nor during the evaluation of that application.
(15)
The Commission therefore considers that the biocidal product meets the criterion laid down in Article 19(1), point (b)(iii), of Regulation (EU) No 528/2012, provided that the following condition regarding its use is included in the authorisation and on the label of the biocidal product: ‘The wearing of protective chemical resistant gloves meeting the requirements of the European Standard EN 374 (glove material to be specified by the authorisation holder within the product information) and coverall of at least type 6 as specified in the European Standard EN 13034 is required for application by manual dipping and automated spraying, wearing of protective chemical resistant gloves meeting the requirements of the European Standard EN 374 (glove material to be specified by the authorisation holder within the product information) is required for application by automated dipping, and wearing of chemical resistant gloves meeting the requirements of European Standard EN 374 (glove material to be specified by the authorisation holder within the product information) is required for subsequent manual processing of the freshly treated timber.
This is without prejudice to the application by employers of Council Directive 98/24/EC and other Union legislation in the area of health and safety at work’.
(16)
However, if the applicant for authorisation identifies effective technical or organisational measures and the authorising authority agrees that such measures lead to an equivalent or higher level of exposure reduction, or the authorising authority itself identifies measures leading to an equivalent or higher level of exposure reduction, those measures should replace the wearing of personal protective equipment and should be specified in the authorisation and on the label of the biocidal product.
(17)
On 15 February 2021, the Commission provided the applicant with the opportunity to provide written comments in accordance with Article 36(2) of Regulation (EU) No 528/2012.
The applicant did not provide comments.
(18)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DECISION:
Article 1 The biocidal product identified by the case number BC-XP022475-16 in the Register for Biocidal Products meets the condition laid down in Article 19(1), point (b)(iii), of Regulation (EU) No 528/2012 provided that the following condition regarding its use is included in the authorisation and on the label of the biocidal product: ‘The wearing of protective chemical resistant gloves meeting the requirements of the European Standard EN 374 (glove material to be specified by the authorisation holder within the product information) and coverall of at least type 6 as specified in European Standard EN 13034 is required for application by manual dipping and automated spraying, wearing of protective chemical resistant gloves meeting the requirements of the European Standard EN 374 (glove material to be specified by the authorisation holder within the product information) is required for application by automated dipping, and wearing of chemical resistant gloves (glove material to be specified by the authorisation holder within the product information) meeting the requirements of European Standard EN 374 is required for subsequent manual processing of the freshly treated timber.
This is without prejudice to the application by employers of Council Directive 98/24/EC and other Union legislation in the area of health and safety at work.’
However, where the applicant for authorisation identifies technical or organisational measures and the authorising authority agrees that such measures achieve a level of exposure reduction equivalent to or higher than the reduction achieved by wearing the protective equipment referred to in the first paragraph, or the authorising authority itself identifies such measures leading to an equivalent or higher level of exposure reduction than the reduction achieved by wearing the protective equipment referred to in the first paragraph, those measures shall be used instead of that personal protective equipment and shall be specified in the authorisation and on the label of the biocidal product.
In that case the obligation to include the condition regarding the use of the biocidal product laid down in the first paragraph shall not apply.