Commission Delegated Regulation (EU) No 1062/2014Dangos y teitl llawn

Commission Delegated Regulation (EU) No 1062/2014

of 4 August 2014

on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(1), and in particular the first subparagraph of Article 89(1) thereof,

Whereas:

(1) Commission Regulation (EC) No 1451/2007(2) lays down the detailed rules for the programme of review of existing biocidal active substances (the ‘review programme’) commenced in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council(3). Since that Directive has been repealed and replaced by Regulation (EU) No 528/2012, the detailed rules for the continuation of the review programme should be adapted to the provisions of that Regulation.

(2) It is important to identify the active substance/product-type combinations that may be made available on the market and used, subject to national rules, by virtue of the transitional provisions laid down in Article 89 of Regulation (EU) No 528/2012. Such should be the case for active substance/product-type combinations that are under evaluation in the review programme.

(3) Where a product has benefitted from the derogation for food and feed provided for by Article 6 of Regulation (EC) No 1451/2007, but is not covered by the exemption for food and feed laid down in Article 2(5)(a) of Regulation (EU) No 528/2012, the active substances it contains should be evaluated in the review programme for the relevant product-type. Subject to national rules, it should be allowed to be made available on the market and used until the end of that evaluation. A system of prior declaration should define which products benefit from this provision. The same should apply where the failure to notify an active substance/product-type combination is due to the new definition of product-types in Regulation (EU) No 528/2012 compared with that in Directive 98/8/EC, or is well justified based on a Commission decision taken in accordance with Article 3(3) of Regulation (EU) No 528/2012, on the case law, such as case C-420/10(4), or on authoritative guidance from the Commission or Member States' competent authorities, which is subsequently reviewed.

(4) Where a biocidal product contains, consists of or generates an active substance which is no longer included in the review programme but the use of that biocidal product is essential in a Member State, that use and the making available on the market for that use should be allowed in that Member State, under the responsibility of the Member State, subject to certain conditions and for a limited period of time.

(5) With a view to ensure consistency and simplification, the procedure for evaluation of active substances in the review programme should, in all relevant parts, be identical with that for applications submitted pursuant to Article 7 of Regulation (EU) No 528/2012 or pursuant to Commission Implementing Regulation (EU) No 88/2014(5).

(6) For substances meeting the exclusion or substitution criteria, the evaluating Competent Authority should submit to the Agency a proposal for harmonised classification and labelling pursuant to Article 37(1) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council(6) for the endpoints of concern, while preserving the right of the Member State to submit a proposal on other or all endpoints. The evaluating Competent Authority should also consult the Agency on substances which would meet the criteria for being persistent, bioaccumulative or toxic, or on substances that would be considered as having endocrine disrupting properties.

(7) In order to ensure that the review programme is finalised by the target date indicated in Article 89(1) of Regulation (EU) No 528/2012, the evaluations should be limited to active substance/product-type combinations for which the relevant data has been submitted within the deadlines laid down in Regulation (EC) No 1451/2007 or this Regulation. Furthermore, appropriate time limits should be established for finalising the evaluations, taking into account the possibility that applications could be validated less than a year before those deadlines.

(8) No data requirements have yet been established for inclusion in category 7 of Annex I to Regulation (EU) No 528/2012. It is therefore appropriate at this time to limit applications for inclusion in that Annex to category 1, 2, 3, 4, 5 or 6.

(9) Notwithstanding Article 90(2) of Regulation (EU) No 528/2012, it follows from Article 91 of that Regulation that the criteria listed in Article 10 of that Regulation should be relevant for the subsequent authorisation of biocidal products in all cases. It is therefore appropriate to identify substances fulfilling those criteria in all active substance evaluations.

(10) A prospective participant in the review programme should be allowed to join or replace an existing participant by mutual agreement, provided that the evaluation is not thereby delayed by limited data access, as the prospective applicant would otherwise have to generate data again.

(11) Since participation in the review programme is voluntary, a participant should be allowed to withdraw from that programme. Where that occurs, prospective participants should be allowed to take over the support, unless that opportunity has already been granted once, thereby already causing delay to the review programme, and unless the Agency has already begun working on its opinion.

(12) Where the evaluation of an active substance demonstrates that the identity formally included in the review programme does not exactly match that of the substance actually being evaluated, and the evaluation does not allow conclusions to be drawn regarding the formally included substance identity, it should be possible to redefine the substance in the course of the evaluation and allow other persons to take over the support of the formally included substance.

(13) Certain substances included in the review programme are not supported by any participant at the time of adoption of this Regulation. The same applies to certain nanomaterials, although, pursuant to Article 4(4) of Regulation (EU) No 528/2012, such materials cannot be approved unless explicitly mentioned. Persons should be allowed to take over the participation for those substances and those nanomaterials, failing which those substances and nanomaterials should be excluded from the review programme.

(14) In order to ensure that no substance is unduly maintained or included in the review programme without subsequently being evaluated, maintenance or inclusion of a substance not yet under evaluation should be subject to a notification of essential data regarding the substance,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 167, 27.6.2012, p. 1.

(2)

Commission Regulation (EC) No 1451/2007 of 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 (OJ L 325, 11.12.2007, p. 3).

(3)

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

(4)

Case C-420/10: Judgment of the Court (Third Chamber) of 1 March 2012 (reference for a preliminary ruling from the Landgericht Hamburg — Germany) — Söll GmbH v Tetra GmbH (Placing on the market of biocidal products — Directive 98/8/EC — Article 2(1)(a) — Concept of ‘biocidal products’ — Product causing flocculation of harmful organisms without destroying or deterring them or rendering them harmless).

(5)

Commission Implementing Regulation (EU) No 88/2014 of 31 January 2014 specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (OJ L 32, 1.2.2014, p. 3).

(6)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).