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Official Journal of the European Union
15.5.2012
COMMISSION DECISION
of 11 May 2012
concerning the non-inclusion of naled 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) 3050)
(Text with EEA relevance)
(2012/257/EU)
THE EUROPEAN COMMISSION,
Article 5 of Directive 98/8/EC. The scenarios evaluated
in the human health risk assessment as well as in the
Having regard to the Treaty on the Functioning of the European
environmental risk assessment showed a potential and
Union,
unacceptable risk. Furthermore, the evaluation has not
demonstrated sufficient efficacy. It is therefore not appro
Having regard to Directive 98/8/EC of the European Parliament
priate to include naled for use in product type 18 in
and of the Council of 16 February 1998 concerning the placing
Annex I, IA or IB to Directive 98/8/EC.
of biocidal products on the market ( 1 ), and in particular the
second subparagraph of Article 16(2) thereof,
(6) In
the
interest
of
legal
certainty,
the
date
as
of
which
biocidal products of product type 18 containing naled
Whereas:
should no longer be placed on the market should be
specified, taking into account both the unacceptable
(1) Commission
Regulation
(EC)
No
1451/2007 of
effects of those products and the legitimate expectations
4 December 2007 on the second phase of the 10-year
of manufacturers of those products.
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 naled.
HAS ADOPTED THIS DECISION:

(2) Pursuant
to
Regulation
(EC)
No
1451/2007,
naled
Article 1
(CAS Nr 300-76-5; EC Nr 206-098-3) has been
Naled shall not be included in Annex I, IA or IB to Directive
evaluated in accordance with Article 11(2) of Directive
98/8/EC for product type 18.
98/8/EC for use in product type 18, insecticides,
acaricides and products to control other arthropods, as
defined in Annex V to that Directive.
Article 2
For the purposes of Article 4(2) of Regulation (EC)
(3) France
was
designated
as
Rapporteur
Member
State
and No 1451/2007, biocidal products of product type 18
submitted the competent authority report, together with
containing naled (CAS Nr 300-76-5; EC Nr 206-098-3) shall
a recommendation, to the Commission on 17 February
no longer be placed on the market with effect from
2010 in accordance with Article 14(4) and (6) of Regu
1 November 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
9 December 2011, in an assessment report.
Done at Brussels, 11 May 2012.

(5) The
assessment
has
demonstrated
that
biocidal
products
For the Commission
used as insecticides, acaricides and products to control
other arthropods and containing naled cannot be
Janez POTONIK
expected to satisfy the requirements laid down in
Member of the Commission
( 1 ) OJ L 123, 24.4.1998, p. 1.
( 2 ) OJ L 325, 11.12.2007, p. 3.

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Document Outline

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