Commission Directive 2009/86/EC of 29 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include fenpropimorph as an active substance in Annex I thereto (Text with EEA relevance)

• Published date: 30 July 2009
• Subject Matter: Approximation of laws,Internal market - Principles,Free movement of goods,Environment,Plant health legislation
• Official Gazette Publication: Official Journal of the European Union, L 198, 30 July 2009

30.7.2009 EN Official Journal of the European Union L 198/31

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COMMISSION DIRECTIVE 2009/86/EC

of 29 July 2009

amending Directive 98/8/EC of the European Parliament and of the Council to include fenpropimorph as an active substance in Annex I thereto

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

(1) 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 market (2) establishes 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. That list includes fenpropimorph.

(2) Pursuant to Regulation (EC) No 1451/2007, fenpropimorph 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 Directive 98/8/EC.

(3) Spain was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 4 December 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(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 20 February 2009, in an assessment report.

(5) It appears from the examinations made that biocidal products used as wood preservatives and containing fenpropimorph may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include fenpropimorph in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing fenpropimorph can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

(6) In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing fenpropimorph and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products intended for industrial use should be used with appropriate protective equipment if the risk identified for industrial users cannot be reduced by other means.

(7) Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively

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