HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 327/26
EN
Official Journal of the European Union
27.11.2012
COMMISSION DIRECTIVE 2012/40/EU
of 26 November 2012
correcting Annex I to Directive 98/8/EC of the European Parliament and of the Council concerning
the placing of biocidal products on the market
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
Annex I to Directive 98/8/EC is amended in accordance with
the Annex to this Directive.
Having regard to Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the placing
Article 2
of biocidal products on the market ( 1 ), and in particular the
1. Member
States
shall
bring
into
force
the
laws,
regulations
second subparagraph of Article 16(2) thereof,
and administrative provisions necessary to comply with this
Directive by 31 March 2013 at the latest. They shall
Whereas:
forthwith communicate to the Commission the text of those
provisions.
(1) Commission
Directive
2009/91/EC
of
31
July
2009 When Member States adopt those provisions, they shall contain
amending Directive 98/8/EC of the European Parliament
a reference to this Directive or be accompanied by such a
and of the Council to include disodium tetraborate as an
reference on the occasion of their official publication. Member
active substance in Annex I thereto ( 2 ) defines disodium
States shall determine how such reference is to be made.
tetraborate by three CAS numbers for three different
forms of the substance. The CAS numbers are based
on a report submitted to the Commission by the
2. Member
States
shall
communicate
to
the
Commission
the
Netherlands on 7 July 2006 and endorsed by the
text of the main provisions of national law which they adopt in
Standing Committee on Biocidal Products on 20 February
the field covered by this Directive.
2009.
Article 3
(2) The
Netherlands
have
informed
the
Commission
that
the This Directive shall enter into force on the twentieth day
CAS number for the pentahydrate form in the original
following that of its publication in the Official Journal of the
report was incorrect, and submitted a revised report to
European Union.
the Commission according to which the correct CAS
number for this form is 12179-04-3. The revised
Article 4
report was endorsed by the Standing Committee on
This Directive is addressed to the Member States.
Biocidal Products on 25 May 2012.
(3) Annex
I
to
Directive
98/8/EC
should
therefore
be Done at Brussels, 26 November 2012.
corrected accordingly.
For the Commission
(4) The
measures
provided
for
in
this
Directive
are
in
accordance with the opinion of the Standing
The President
Committee on Biocidal Products,
José Manuel BARROSO
( 1 ) OJ L 123, 24.4.1998, p. 1.
( 2 ) OJ L 201, 1.8.2009, p. 39.

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EN
27.11.2012 Official
Journal
of
the
European
Union L
327/27
ANNEX
In Annex I to Directive 98/8/EC, the third column of entry No 24 is replaced by the following:
IUPAC name
Identification numbers
‘disodium tetraborate
EC No: 215-540-4
CAS No (anhydrous): 1330-43-4
CAS No (pentahydrate): 12179-04-3
CAS No (decahydrate): 1303-96-4’

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