HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 283/28
EN
Official Journal of the European Union
25.10.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1034/2013
of 24 October 2013
approving aluminium phosphide releasing phosphine as an active substance for use in biocidal
products for product type 20
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) The
competent
authority
report
was
reviewed
by
the
Member States and the Commission. In accordance
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
Having regard to the Treaty on the Functioning of the European
27 September 2013, in an assessment report.
Union,
(5)
It appears from that report that biocidal products used
Having regard to Regulation (EU) No 528/2012 of the
for product-type 23 and containing aluminium
European Parliament and of the Council of 22 May 2012
phosphide may be expected to satisfy the requirements
concerning the making available on the market and use of
laid down in Article 5 of Directive 98/8/EC.
biocidal products ( 1 ), and in particular the third subparagraph
of Article 89(1) thereof,
(6) It
is
therefore
appropriate
to
approve
aluminium
phosphide releasing phosphine for use in biocidal
Whereas:
products for product-type 20.
(1) Commission
Regulation
(EC)
No
1451/2007
( 2 ) estab
(7) Since
the
evaluation
did
not
address
nanomaterials,
the
lishes a list of active substances to be assessed, with a
approval should not cover such materials pursuant to
view to their possible inclusion in Annex I, IA or IB to
Article 4(4) of Regulation (EU) No 528/2012.
Directive 98/8/EC of the European Parliament and of the
Council ( 3 ). That list includes aluminium phosphide.
(8) A
reasonable
period
should
be
allowed
to
elapse
before
an active substance is approved, in order to permit
(2) Aluminium
phosphide
has
been
evaluated
in
accordance
Member States, interested parties, and the Commission
with Article 11(2) of Directive 98/8/EC for use in
where appropriate, to prepare themselves to meet the
product-type 23, products for the control of other verte
new requirements entailed.
brates, as defined in Annex V to that Directive, which
corresponds to product-type 20 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) Germany
was
designated
as
Rapporteur
Member
State
and submitted the competent authority report, together
with a recommendation, to the Commission on 23 July
2010 in accordance with Article 14(4) and (6) of Regu
lation (EC) No 1451/2007.
HAS ADOPTED THIS REGULATION:

( 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 1
Article 16(2) of Directive 98/8/EC of the European Parliament and
of the Council concerning the placing of biocidal products on the
Aluminium phosphide releasing phosphine shall be approved as
market (OJ L 325, 11.12.2007, p. 3).
an active substance for use in biocidal products for product-type
( 3 ) Directive 98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning the placing of biocidal products on
20, subject to the specifications and conditions set out in the
the market (OJ L 123, 24.4.1998, p. 1).
Annex.

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EN
25.10.2013 Official
Journal
of
the
European
Union L
283/29
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2013.
For the Commission
The President
José Manuel BARROSO

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L 283/30
ANNEX
Common Name
IUPAC Name
Minimum degree of purity
Identification Numbers
of the active substance (1 )
Date of approval
Expiry date of
approval
Product type Specific
conditions
(2 )
Aluminium
IUPAC Name: Aluminium phosphide
830 g/kg 1
July
2015 30
June
2025 20
The product assessment shall pay particular attention to the
phosphide
exposures, the risks and the efficacy linked to any uses covered
EN
releasing
EC No: 244-088-0
by an application for authorisation, but not addressed in the

phosphine
CAS No: 20859-73-8
Union level risk assessment of the active substance.
Authorisations are subject to the following conditions:
(1) Products shall only be sold to and used by specifically trained
professionals.
(2) In view of the risks identified for operators, appropriate risk
mitigation measures must be applied. These include, amongst
others, the use of appropriate personal protective equipment,
the use of applicators and the presentation of the product in
Off
a form designed to reduce operator exposure to an
icial
acceptable level.
(3) In view of the risks identified for terrestrial non-target
Jour
species, appropriate risk reduction measures must be
nal
applied. These include, amongst others, the non-treatment
of areas where other burrowing mammals than the target
of
species are present.
the
European
(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
Union
25.10.2013

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Document Outline

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