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 Article 28(1) thereof,
Whereas:
(1)
The active substance powdered egg, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007.
(2)
A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 for powdered egg for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Powdered egg was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products.
(3)
On 31 January 2017 the Commission asked the Agency for an opinion on whether powdered egg gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.
(4)
The opinion of the Agency concluded that powdered egg does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.
(5)
Taking into account the opinion of the Agency, it is appropriate to include powdered egg in Annex I to Regulation (EU) No 528/2012. As powdered egg is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Powdered egg should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that powdered egg only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.
(6)
Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to powdered egg for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,
HAS ADOPTED THIS REGULATION: