HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 32/6
EN
Official Journal of the European Union
1.2.2014
COMMISSION IMPLEMENTING REGULATION (EU) No 89/2014
of 31 January 2014
approving bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) as an existing active substance for
use in biocidal products for product-type 8
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
the findings of the review were incorporated, within the
Standing Committee on Biocidal Products on
13 December 2013, in an assessment report.
Having regard to the Treaty on the Functioning of the European
Union,
(5)
It appears from that report that biocidal products used
for product-type 8 and containing Cu-HDO may be
expected to satisfy the requirements laid down in
Having regard to Regulation (EU) No 528/2012 of the
Article 5 of Directive 98/8/EC.
European Parliament and of the Council of 22 May 2012
concerning the making available on the market and use of
biocidal products ( 1 ), and in particular the third subparagraph
of Article 89(1) thereof,
(6) It
is
therefore
appropriate
to
approve
Cu-HDO
for
use
in
biocidal products for product-type 8.
Whereas:
(7) Since
the
evaluation
did
not
address
nanomaterials,
the
approval should not cover such materials pursuant to
(1) Commission
Regulation
(EC)
No
1451/2007
( 2 ) estab
Article 4(4) of Regulation (EU) No 528/2012.
lishes a list of active substances to be assessed, with a
view to their possible inclusion in Annex I, IA or IB to
Directive 98/8/EC of the European Parliament and of the
Council ( 3 ). That list includes bis(N-cyclohexyl-diazenium-
(8) A
reasonable
period
should
be
allowed
to
elapse
before
dioxy)-copper (Cu-HDO).
an active substance is approved, in order to permit
Member States, interested parties, and the Commission
where appropriate, to prepare themselves to meet the
new requirements entailed.
(2) Cu-HDO
has
been
evaluated
in
accordance
with
Article 11(2) of Directive 98/8/EC for use in product-
type 8, wood preservatives, as defined in Annex V to
that Directive, which corresponds to product-type 8 as
defined in Annex V to Regulation (EU) No 528/2012.
(9) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
Committee on Biocidal Products,
(3) Austria
was
designated
as
Rapporteur
Member
State
and
submitted the competent authority report, together with
a recommendation, to the Commission on 25 February
HAS ADOPTED THIS REGULATION:
2008 in accordance with Article 14(4) and (6) of Regu
lation (EC) No 1451/2007.
Article 1
(4) The
competent
authority
report
was
reviewed
by
the Bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) shall be
Member States and the Commission. In accordance
approved as an active substance for use in biocidal products
with Article 15(4) of Regulation (EC) No 1451/2007,
for product-type 8, subject to the specifications and conditions
set out in the Annex.
( 1 ) OJ L 167, 27.6.2012, p. 1.
( 2 ) Commission Regulation (EC) No 1451/2007 of 4 December 2007
on the second phase of the 10-year work programme referred to in
Article 16(2) of Directive 98/8/EC of the European Parliament and
of the Council concerning the placing of biocidal products on the
Article 2
market (OJ L 325, 11.12.2007, p. 3).
This Regulation shall enter into force on the twentieth day
( 3 ) Directive 98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning the placing of biocidal products on
following that of its publication in the Official Journal of the
the market (OJ L 123, 24.4.1998, p. 1).
European Union.

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EN
1.2.2014 Official
Journal
of
the
European
Union L
32/7
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 January 2014.
For the Commission
The President
José Manuel BARROSO

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L 32/8
ANNEX
Common
IUPAC Name
Minimum degree of
Name
purity of the active
Date of approval Expiry
date
of
approval Product
type Specific
conditions
(2 )
Identification Numbers
substance (1 )
Cu-HDO IUPAC
Name:
981 g/kg 1
September
2015 31
August
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

bis(N-cyclohexyl-
for authorisation, but not addressed in the Union level risk assessment
diazenium-dioxy)-copper
of the active substance.
EC no : N/A
Authorisations are subject to the following conditions:
CAS no : 312600-89-8
1. For industrial users, safe operational procedures and appropriate
organisational measures shall be established. Where 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
icial
terrestrial compartment. In particular, labels and, where provided,
safety data sheets of products authorised shall indicate that industrial
Jour
application shall be conducted within a contained area or on imper
nal
meable hard standing with bunding, that freshly treated timber shall
be stored after treatment under shelter or on impermeable hard
of
standing, or both, to prevent direct losses to soil or water, and
the
that any losses from the application of the product shall be
European
collected for reuse or disposal.
(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.
Union
(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
1.2.2014

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Document Outline

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