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, and in particular the third subparagraph of Article 89(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1451/2007 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 of the European Parliament and of the Council. That list includes bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO).
(2)
Cu-HDO 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 that Directive, which corresponds to product-type 8 as defined in Annex V to Regulation (EU) No 528/2012.
(3)
Austria was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 25 February 2008 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 13 December 2013, in an assessment report.
(5)
It appears from that report that biocidal products used for product-type 8 and containing Cu-HDO may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.
(6)
It is therefore appropriate to approve Cu-HDO for use in biocidal products for product-type 8.
(7)
Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.
(8)
A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS REGULATION: