Commission Delegated Regulation (EU) 2019/1822

of 8 August 2019

amending Regulation (EU) No 528/2012 of the European Parliament and of the Council to include honey as an active substance in Annex I thereto

(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 28(1) thereof,

Whereas:

(1)
The active substance honey, 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 1451/20072.
(2)
A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/20143 for honey 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. Honey 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 products4.
(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether honey gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)
The opinion of the Agency5 concluded that honey 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 honey in Annex I to Regulation (EU) No 528/2012. As honey is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Honey 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 honey 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 honey 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:

Article 1

Annex I to Regulation (EU) No 528/2012 is amended in accordance with the Annex to this Regulation.

Article 2

For the purposes of Article 89(3) of Regulation (EU) No 528/2012, the date of approval of honey for product-type 19 is 1 June 2021.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 August 2019.

For the Commission

The President

Jean-Claude Juncker

ANNEX

In Annex I to Regulation (EU) No 528/2012, in Category 4 of the list of active substances referred to in Article 25(a), the following entry is added:

EC number

Name/group

Restriction

Comment

‘Not available

Honey6

Excluding honey that is not food or feed.

CAS No 8028-66-8

6

The date of approval of honey for product-type 19 for the purposes of Article 89(3) is 1 June 2021.’