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27.11.2012 Official
Journal
of
the
European
Union L
327/55
COMMISSION DECISION
of 23 November 2012
concerning the non-inclusion of bifenthrin for product type 18 in Annex I, IA or IB to Directive
98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products
on the market
(notified under document C(2012) 8442)
(Text with EEA relevance)
(2012/728/EU)
THE EUROPEAN COMMISSION,
Article 5 of Directive 98/8/EC. The scenarios evaluated
in the environmental risk assessment showed an
Having regard to the Treaty on the Functioning of the European
unacceptable risk for the aquatic compartment. It is
Union,
therefore not appropriate to include bifenthrin for use
Having regard to Directive 98/8/EC of the European Parliament
in product type 18 in Annex I, IA or IB to Directive
and of the Council of 16 February 1998 concerning the placing
98/8/EC.
of biocidal products on the market ( 1 ), and in particular the
second subparagraph of Article 16(2) thereof,
(6) In
the
interest
of
legal
certainty,
the
date
as
of
which
biocidal products of product type 18 containing
Whereas:
bifenthrin should no longer be placed on the market
should be specified, taking into account both the
(1) Commission
Regulation
(EC)
No
1451/2007 of
unacceptable effects of those products and the legitimate
4 December 2007 on the second phase of the 10-year
expectations of manufacturers of those products.
work programme referred to in Article 16(2) of Directive
98/8/EC of the European Parliament and of the Council
(7) The
measures
provided
for
in
this
Decision
are
in
concerning the placing of biocidal products on the
accordance with the opinion of the Standing
market ( 2 ) establishes a list of active substances to be
Committee on Biocidal Products,
assessed, with a view to their possible inclusion in
Annex I, IA or IB to Directive 98/8/EC. That list
HAS ADOPTED THIS DECISION:
includes bifenthrin.
Article 1
(2) Pursuant
to
Regulation
(EC)
No
1451/2007,
bifenthrin
has been evaluated in accordance with Article 11(2) of
Bifenthrin (CAS No 82657-04-3) shall not be included in
Directive 98/8/EC for use in product type 18, insec
Annex I, IA or IB to Directive 98/8/EC for product type 18.
ticides, acaricides and products to control other arth
ropods, as defined in Annex V to that Directive.
Article 2
(3) France
was
designated
as
Rapporteur
Member
State
and For the purposes of Article 4(2) of Regulation (EC) No
submitted the competent authority report, together with
1451/2007, biocidal products of product type 18 containing
a recommendation, to the Commission on 2 November
bifenthrin (CAS Nr 82657-04-3) shall no longer be placed on
2009 in accordance with Article 14(4) and (6) of Regu
the market with effect from 1 May 2013.
lation (EC) No 1451/2007.
Article 3
(4) The
competent
authority
report
was
reviewed
by
the This Decision is addressed to the Member States.
Member States and the Commission. In accordance
with Article 15(4) of Regulation (EC) No 1451/2007,
the findings of the review were incorporated, within
the Standing Committee on Biocidal Products on
Done at Brussels, 23 November 2012.
25 May 2012 in an assessment report.
(5) The
assessment
has
demonstrated
that
biocidal
products
For the Commission
used as insecticides, acaricides and products to control
other arthropods and containing bifenthrin cannot be
Janez POTONIK
expected to satisfy the requirements laid down in
Member of the Commission
( 1 ) OJ L 123, 24.4.1998, p. 1.
( 2 ) OJ L 325, 11.12.2007, p. 3.

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Document Outline

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