Pursuant to Article 4 of Commission Regulation (EC) No 1896/20002, copper was notified for use in product-type 11, as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council3.

No complete dossier was submitted in support of the inclusion of copper in Annex I, IA or IB to Directive 98/8/EC within any of the relevant deadlines. Pursuant to Commission Decision 2012/78/EU4 read in combination with Article 4(2) of Regulation (EC) No 1451/2007, copper is no longer to be placed on the market for use in product-type 11 as of 1 February 2013.

Pursuant to Article 5 of Regulation (EC) No 1451/2007, Croatia, Spain, Ireland and Greece have submitted separate applications to the Commission for permission to allow the placing on the market of biocidal products containing copper for a number of uses.

The Commission made the applications publicly available by electronic means.

It follows from some of the applications that biocidal products containing copper are used to prevent biofouling in the main water inlet for offshore oil and gas platforms as well as other marine and coastal installations, where that use is essential to avoid blocking the inlet of water used for, inter alia, processing, drinking water and bathing water production, and fire fighting, since blocking that inlet could be fatal for the health and safety of the staff at the installation.

Furthermore, it follows from some of the applications that biocidal products containing copper are used to prevent biofouling in the main water inlet of ships, where that use is essential to avoid blocking the inlet of water used throughout the entire pipework and waterway system of a ship. This includes the internals of all pipework, such as the fire-suppression system, vital to the safe operation of the ship.

No comments were received during the public consultation on those applications. The Member States having submitted the applications have argued that, in their territories, it is necessary to have an adequate range of technically and economically feasible alternatives available to prevent biofouling in order to reduce the risk of blocking the main water inlet for offshore installations, other marine and coastal installations, or of ships.

It therefore appears likely that not allowing the use of copper for preventing biofouling in the water inlet for offshore oil and gas platforms, other marine and coastal installations, or on ships, in those Member States would currently pose a serious risk for public health. In addition, the cost, logistical and practical feasibility of turning off or substituting current copper-based systems on ships may be prohibitive in many cases. If feasible, the substitution may take some time. The requested derogations for essential use are therefore currently necessary.

However, unless a complete application for approval of copper for use in product-type 11 is submitted without undue delay, users of biocidal products containing copper should implement alternative methods for the prevention of biofouling. It is therefore appropriate to require that, in such a case, users in those Member States are actively informed in due time to allow them to ensure that those alternative methods are effective before the biocidal products containing copper have to be withdrawn from the market,