On 30 April 2020 the United Kingdom Health and Safety Executive (‘the competent authority’) adopted a decision in accordance with the first subparagraph of Article 55(1) of Regulation (EU) No 528/2012 to permit until 27 October 2020 the making available on the market and use of the biocidal product Biobor JF for the preventive and curative antimicrobial treatment of fuel tanks and fuel systems of aircraft (‘the action’). The competent authority informed the Commission and the competent authorities of the other Member States about the action and the justification for it, in accordance with the second subparagraph of Article 55(1) of that Regulation.

According to the information provided by the competent authority, the action was necessary in order to protect public health. Parking and storage of aircraft allows the settling of water in the fuel. Microbiological contamination is caused by micro-organisms, such as bacteria, mould, and yeast, that grow in the settled water and feed off the hydrocarbons in the fuel at the fuel-to-water interface. If allowed to grow, the microbiological contamination of aircraft fuel tanks and fuel systems can lead to malfunctions of the aircraft engine and endanger its airworthiness, thus endangering the safety of passengers and crew. The COVID-19 pandemic and the ensuing flight restrictions led to numerous aircraft being temporarily parked. The immobility of aircraft is an aggravating factor of microbiological contamination.

On 20 August 2020, the Commission received a reasoned request from the competent authority to extend the action in accordance with the third subparagraph of Article 55(1) of Regulation (EU) No 528/2012. The reasoned request was made on the basis of concerns that air transport safety might continue to be endangered by microbiological contamination of aircraft fuel tanks and fuel systems and the argument that Biobor JF is essential in order to control such microbiological contamination.

According to the information provided by the competent authority the only alternative biocidal product recommended by aircraft and engine manufacturers for the treatment of microbiological contamination was withdrawn from the market in March 2020 on account of severe engine behaviour anomalies noticed after the treatment with that product.

As indicated by the competent authority, the alternative procedure for treating an existing microbiological contamination is manual removal in-tank, following defueling and purging of the aircraft. This may not always be possible alongside the additional maintenance actions that are required when an aircraft is parked or stored for long periods. Moreover, the manual cleaning of contaminated tanks would expose workers to toxic gases and should therefore be avoided.

According to the information provided by the competent authority, the manufacturer of Biobor JF has taken steps towards the regular authorisation of the product and an application for approval of the active substances it contains is expected to be submitted in the near future. The approval of the active substances and subsequent authorisation of the biocidal product would represent a permanent solution for the future, but a significant amount of time will be needed for the completion of those procedures.

As the lack of control of microbiological contamination of aircraft fuel tanks and fuels systems might endanger the air transport safety and that danger cannot be adequately contained by using another biocidal product or by other means, it is appropriate to allow the competent United Kingdom authority to extend the action.

Considering that the action has lapsed since 28 October 2020, this Decision should have retroactive effect.

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