Commission Implementing Decision (EU) 2016/678

of 29 April 2016

pursuant to Article 3(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council on a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths

(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 products1, and in particular Article 3(3) thereof,

Whereas:

(1)

On 28 May 2015, Germany requested the Commission to decide, pursuant to Article 3(3) of Regulation (EU) No 528/2012, whether a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths is a biocidal product or a treated article for the purposes of Article 3(1)(a) or (l) of that Regulation.

(2)
According to agreed Union guidance2, whole living or unprocessed dead organisms (e.g. yeast, freeze-dried bacteria) or parts thereof (e.g. body parts, blood, branches, leaves, flowers, etc.) are not considered as substances, mixtures or articles within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council3. Dried lavender blossoms should therefore not be considered as a substance, mixture or article within the meaning of that Regulation and therefore they should not be considered either as a biocidal product or as a treated article in accordance with Regulation (EU) No 528/2012.
(3)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION: