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 90(2) thereof,
Whereas:
(1)
France received on 30 August 2013 an application, in accordance with Article 11(1) of Directive 98/8/EC of the European Parliament and of the Council, for the inclusion of the active substance copper, granulated, in Annex I to that Directive for use in products of product-type 8, wood preservatives, as described in Annex V to that Directive, which correspond to product-type 8 as described in Annex V to Regulation (EU) No 528/2012.
(2)
France submitted the assessment report together with its recommendations on 3 April 2015 in accordance with Article 90(2) of Regulation (EU) No 528/2012.
(3)
The opinion of the European Chemicals Agency was formulated on 9 December 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.
(4)
According to that opinion, biocidal products of product-type 8 and containing copper, granulated, may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.
(5)
It is therefore appropriate to approve copper, granulated, for use in biocidal products of product-type 8, subject to compliance with certain specifications and conditions.
(6)
A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS REGULATION: