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EN
Official Journal of the European Union
25.1.2011
COMMISSION DECISION
of 24 January 2011
concerning the placing on the market for essential use of biocidal products containing temephos in
the French overseas departments
(notified under document C(2011) 167)
(Only the French text is authentic)
(2011/48/EU)
THE EUROPEAN COMMISSION,
the Commission for derogation from the provision laid
down in Article 4(1) of that Regulation and the
conditions for granting such derogation.
Having regard to the Treaty on the Functioning of the European
Union,
(5) By Commission Decision 2007/226/EC
( 4 ), the
Commission granted such derogation for biocidal
Having regard to Commission Regulation (EC) No 1451/2007
products containing temephos used for vector mosquito
of 4 December 2007 on the second phase of the 10-year work
control in the French overseas departments until 14 May
programme referred to in Article 16(2) of Directive 98/8/EC of
2009. By Commission Decision 2009/395/EC ( 5 ), the
the European Parliament and of the Council concerning the
derogation was prolonged until 14 May 2010. On
placing of biocidal products on the market ( 1 ) and in particular
4 March 2010, France submitted a report to the
Article 5(3) thereof,
Commission relating to the use of temephos.
Whereas:
(6) France
has
submitted
an
application
to
the
Commission
for extension of the derogation until 14 May 2014. The
application contains information relating to recent
(1) The
first
subparagraph
of
Article
16(2)
of
Directive
important outbreaks of mosquito-spread epidemics in
98/8/EC of the European Parliament and of the
the French overseas departments. It explains the need
Council ( 2 ) provides that the Commission shall
for a range of insecticides to combat the epidemics and
commence a 14-year work programme for the systematic
details the actions taken to substitute temephos, as well
examination of all active substances already on the
as the ongoing research on alternative methods
market on 14 May 2000 (hereinafter referred to as ‘the
subsidised by the French authorities. The Commission
review programme’).
made the French application publicly available by elec
tronic means on 1 August 2010 for a 60-day public
consultation. No objection against the derogation
(2) Temephos
was
identified
as
available
on
the
market
sought was expressed during this period.
before 14 May 2000 as an active substance of biocidal
products for purposes other than those referred to in
Article 2(2)(c) and (d) of Directive 98/8/EC. No dossier
was submitted in support of the inclusion of temephos in
(7) Given
the
magnitude
of
the
outbreaks
of
mosquito-
spread diseases in the French overseas departments, it
Annex I, IA or IB to that Directive within the prescribed
is appropriate to allow the continued use of temephos.
deadline.
A further extension of the phase-out period for this
substance is, therefore, necessary. The extension should
take effect when the previous derogation ended,
(3) In
accordance
with
the
first
subparagraph
of
Article
4(2)
of Commission Regulation (EC) No 2032/2003 ( 3 ),
Member States had to cancel existing authorisations or
registrations for biocidal products containing temephos
HAS ADOPTED THIS DECISION:
with effect from 1 September 2006. Pursuant to
Article 4(1) of Regulation (EC) No 1451/2007, biocidal
products containing temephos shall no longer be placed
on the market.
Article 1
By way of derogation from Article 4(1) of Regulation (EC) No
1451/2007, France may allow the placing on the market of
(4) Article
5
of
Regulation
(EC)
No
1451/2007
lays
down biocidal products containing Temephos (EC No 222-191-1;
the conditions under which Member States may apply to
CAS No 3383-96-8), for vector mosquito control in the
French overseas departments until 14 May 2014.
( 1 ) OJ L 325, 11.12.2007, p. 3.
( 2 ) OJ L 123, 24.4.1998, p. 1.
( 4 ) OJ L 97, 12.4.2007, p. 47.
( 3 ) OJ L 307, 24.11.2003, p. 1.
( 5 ) OJ L 124, 20.5.2009, p. 65.

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EN
25.1.2011 Official
Journal
of
the
European
Union
L
21/7
Article 2
(e) where appropriate, alternatives for such uses are being
sought by the holders of the approvals or by France.
1. When allowing the placing on the market of biocidal
products containing temephos in accordance with Article 1,
France shall ensure that the following conditions are complied
2. France
shall
inform
the
Commission
annually
on
the
with:
application of paragraph 1 and in particular on the actions
taken pursuant to point (e) of that paragraph.
(a) continued use is only possible under the conditions that
biocidal products containing temephos are approved for
Article 3
the intended essential use;
This Decision is addressed to the French Republic.
(b) the continued use is only accepted so far as it has no unac
ceptable effect on human or animal health or on the
Article 4
environment;
This Decision shall take effect from 15 May 2010.
(c) all appropriate risk reduction measures are imposed when
Done at Brussels, 24 January 2011.
granting approval;
For the Commission
(d) such biocidal products remaining on the market after
1 September 2006 are relabelled in order to match the
Janez POTONIK
restricted use conditions;
Member of the Commission

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