Commission Delegated Regulation (EU) 2021/407 of 3 November 2020 amending Regulation (EU) No 528/2012 of the European Parliament and of the Council to include citric acid as an active substance in Annex I thereto (Text with EEA relevance)

• Date of Signature: 03 November 2020
• Published date: 09 March 2021
• Official Gazette Publication: Official Journal of the European Union, L 081, 9 March 2021

9.3.2021 EN Official Journal of the European Union L 81/15

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COMMISSION DELEGATED REGULATION (EU) 2021/407

of 3 November 2020

amending Regulation (EU) No 528/2012 of the European Parliament and of the Council to include citric acid as an active substance in Annex I thereto

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 528/2012 of the 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 Article 28(1) thereof,

Whereas:

(1) Citric acid has been assessed as an existing active substance within the review programme set out in Article 89(1) of Regulation (EU) No 528/2012 established by Commission Delegated Regulation (EU) No 1062/2014 (2).

(2) In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency (‘the Agency’) was adopted on 16 February 2016 by the Biocidal Products Committee (3), having regard to the conclusions of the evaluating competent authority. That opinion concluded that biocidal products of product-type 2 containing citric acid may be expected to fulfill the requirements of Article 5 of Directive 98/8/EC of the European Parliament and of the Council (4) which were the requirements applicable to the examination of the application for approval of citric acid in accordance with Article 90(2) of Regulation (EU) No 528/2012.

(3) Citric acid was therefore approved as an active substance for use in biocidal products of product-type 2 by Commission Implementing Regulation (EU) 2016/1938 (5).

(4) The opinion of the Agency also concluded that citric acid does not give rise to concern and is eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5) Taking into account the opinion of the Agency, it is therefore appropriate to include citric acid in Annex I to Regulation (EU) No 528/2012. As citric acid has been assessed based on an active substance dossier satisfying the requirements laid down in Article 11(1) of Directive 98/8/EC, citric acid should be included in category 6 of Annex I to that Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 528/2012 is amended in accordance with the Annex to this...