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3.10.2013 Official
Journal
of
the
European
Union L
261/23
COMMISSION IMPLEMENTING REGULATION (EU) No 945/2013
of 2 October 2013
to approve cypermethrin as an existing active substance for use in biocidal products for
product-type 8
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
with Article 15(4) of Regulation (EC) No 1451/2007, the
findings of the review were incorporated, within the
Having regard to the Treaty on the Functioning of the European
Standing Committee on Biocidal Products on 12 July
Union,
2013, in an assessment report.
Having regard to Regulation (EU) No 528/2012 of the
(5) It
appears
from
the
evaluations
that
biocidal
products
European Parliament and of the Council of 22 May 2012
used for product-type 8 and containing cypermethrin
concerning the making available on the market and use of
may be expected to satisfy the requirements laid down
biocidal products ( 1 ), and in particular the third subparagraph
in Article 5 of Directive 98/8/EC.
of Article 89(1) thereof,
(6) It
is
therefore
appropriate
to
approve
cypermethrin
for
Whereas:
use in biocidal products for product-type 8.
(1) Commission
Regulation
(EC)
No
1451/2007 of (7) Since
the
evaluation
did
not
address
nanomaterials,
the
4 December 2007 on the second phase of the 10-year
approval should not cover such materials pursuant to
work programme referred to in Article 16(2) of Directive
Article 4(4) of Regulation (EU) No 528/2012.
98/8/EC of the European Parliament and of the Council
concerning the placing of biocidal products on the
(8) A
reasonable
period
should
be
allowed
to
elapse
before
market ( 2 ) establishes a list of active substances to be
an active substance is approved, in order to permit
assessed, with a view to their possible inclusion in
Member States, interested parties, and the Commission
Annex I, IA or IB to Directive 98/8/EC of the
where appropriate, to prepare themselves to meet the
European Parliament and of the Council ( 3 ). That list
new requirements entailed.
includes cypermethrin.
(9) The
measures
provided
for
in
this
Regulation
are
in
(2) Pursuant
to
Regulation
(EC)
No
1451/2007,
cyper
accordance with the opinion of the Standing
methrin has been evaluated in accordance with
Committee on Biocidal Products,
Article 11(2) of Directive 98/8/EC for use in product-
type 8, wood preservatives, as defined in Annex V to
HAS ADOPTED THIS REGULATION:
that Directive, which corresponds to product-type 8 as
defined in Annex V to Regulation (EU) No 528/2012.
Article 1
Cypermethrin shall be approved as an active substance for use
(3) Belgium
was
designated
as
rapporteur
Member
State
and in biocidal products for product-type 8, subject to the specifi
submitted the competent authority report, together with
cations and conditions set out in the Annex to this Regulation.
a recommendation, to the Commission on 5 March
2010 in accordance with Article 14(4) and (6) of Regu
Article 2
lation (EC) No 1451/2007.
This Regulation shall enter into force on the twentieth day
(4) The
competent
authority
report
was
reviewed
by
the following that of its publication in the Official Journal of the
Member States and the Commission. In accordance
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 October 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 167, 27.6.2012, p. 1.
( 2 ) OJ L 325, 11.12.2007, p. 3.
( 3 ) OJ L 123, 24.4.1998, p. 1.

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L 261/24
ANNEX
Minimum degree of
Common Name
IUPAC Name
Identification Numbers
purity of the active Date of approval
Expiry date of
substance (
approval
Product type Specific
conditions
(2 )
1 )
Cypermethrin Cypermethrin cis:trans/40:60
920 g/kg 1
June
2015 31
May
2025
8 The
product
assessment
shall
pay
particular
attention
to
the
exposures, EN
the risks and the efficacy linked to any uses covered by an application

IUPAC Name:
for authorisation, but not addressed in the Union level risk assessment
(RS)-α-cyano-3phenoxybenzyl-(1RS)-
of the active substance.
cis,trans-3-(2,2-dichlorovinyl)-2,2-dimethyl
Authorisations are subject to the following conditions:
cyclopropanecarboxylate
(1) For industrial or professional users, safe operational procedures and
EC No: 257-842-9
appropriate organisational measures shall be established. Where
CAS No: 52315-07-8
exposure cannot be reduced to an acceptable level by other
means, products shall be used with appropriate personal protective
equipment.
Off
(2) Appropriate risk mitigation measures shall be taken to protect the
soil and aquatic compartments. In particular:
icial
(a) Labels and, where provided, safety data sheets of products auth
Jour
orised shall indicate that industrial application shall be
nal
conducted within a contained area or on impermeable hard
standing with bunding, that freshly treated timber shall be
of
stored after treatment under shelter or on impermeable hard
the
standing, or both, to prevent direct losses to soil or water, and
European
that any losses from the application of the product shall be
collected for reuse or disposal.
(b) Products shall not be authorised for industrial treatment by
dipping or spraying of wood that will be exposed to
Union
weathering, unless data is submitted to demonstrate that the
product will not present unacceptable risks, if necessary by
the application of appropriate mitigation measures.
(c) Products shall not be authorised for treatment of outdoor
constructions near or above water, or for treatment of wood
that will be used for outdoor constructions near or above water,
unless data is submitted to demonstrate that the product will
not present unacceptable risks, if necessary by the application of
appropriate mitigation measures.
(1 ) The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on
the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.
(2 ) For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/
biocides/index.htm
3.10.2013

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Document Outline

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