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11.2.2012 Official
Journal
of
the
European
Union L
38/47
COMMISSION DECISION
of 9 February 2012
concerning the non-inclusion of flufenoxuron 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) 621)
(Text with EEA relevance)
(2012/77/EU)
THE EUROPEAN COMMISSION,
flufenoxuron render it persistent, liable to bioaccumulate
and toxic, as well as very persistent and very liable to
Having regard to the Treaty on the Functioning of the European
bioaccumulate, in accordance with the criteria laid down
Union,
in Annex XIII to Regulation (EC) No 1907/2006 of the
European Parliament and of the Council ( 3 ). It is therefore
Having regard to Directive 98/8/EC of the European Parliament
not appropriate to include flufenoxuron for use in
and of the Council of 16 February 1998 concerning the placing
product type 18 in Annexes I, IA or IB to Directive
of biocidal products on the market (
98/8/EC.

1 ), and in particular the
second subparagraph of Article 16(2) thereof,
(6)
The date as of which date biocidal products of product
Whereas:
type 18 containing flufenoxuron should no longer be
placed on the market should be reasonable with regard
(1) Commission
Regulation
(EC)
No
1451/2007 of
to the outcome of the risk assessment as well as the date
4 December 2007 on the second phase of the 10-year
of entry into force of this Decision..
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
includes flufenoxuron.
HAS ADOPTED THIS DECISION:

(2) Pursuant
to
Regulation
(EC)
No
1451/2007,
flufen
Article 1
oxuron (CAS No 101463-69-8; EC No 417-680-3) has
Flufenoxuron (CAS No 101463-69-8; EC No 417-680-3) shall
been evaluated in accordance with Article 11(2) of
not be included in Annexes I, IA or IB to Directive 98/8/EC for
Directive 98/8/EC for use in product type 18, insec
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 17 March
flufenoxuron shall no longer be placed on the market with
2009 in accordance with Article 14(4) and (6) of Regu
effect from 1 August 2012.
lation (EC) No 1451/2007.
Article 3
(4) The
competent
authority
report
was
reviewed
by
the
Member States and the Commission. In accordance
This Decision is addressed to the Member States.
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
22 September 2011, in an assessment report.
Done at Brussels, 9 February 2012.
(5) The
assessment
of risks
to the
environmental
For the Commission
compartments of concern, carried out using a realistic
approach, has demonstrated unacceptable effects for the
Janez POTONIK
aquatic compartment. Furthermore, the characteristics of
Member of the Commission
( 1 ) OJ L 123, 24.4.1998, p. 1.
( 2 ) OJ L 325, 11.12.2007, p. 3.
( 3 ) OJ L 396, 30.12.2006, p. 1.

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