Commission Implementing Decision (EU) 2019/1973 of 27 November 2019 not approving silver copper zeolite as an existing active substance for use in biocidal products of product-types 2 and 7 (Text with EEA relevance)
Grade B
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Address https://gelex.eu/eli/EU/decision/2019/1973@2019-11-27/en
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 Delegated Regulation (EU) No 1062/2014 establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes silver copper zeolite (EC No: n.a., CAS No: 130328-19-7).
(2) Silver copper zeolite has been evaluated for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and of product-type 7, film preservatives, as described in Annex V to Regulation (EU) No 528/2012.
(3) Sweden was designated as a rapporteur Member State and its competent authority submitted the assessment reports together with its conclusions to the European Chemicals Agency on 12 June 2017.
(4) In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were adopted on 17 October 2018 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.
(5) According to those opinions, biocidal products of product-types 2 and 7 containing silver copper zeolite may not be expected to meet the criteria laid down in Article 19(1)(b) of Regulation (EU) No 528/2012 as sufficient efficacy has not been demonstrated.
(6) Taking into account the opinions of the European Chemicals Agency, it is not appropriate to approve silver copper zeolite for use in biocidal products of product-types 2 and 7, as the conditions laid down in Article 4(1) of Regulation (EU) No 528/2012 are not satisfied.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DECISION:
Article 1
Silver copper zeolite (EC No: n.a., CAS No: 130328-19-7) is not approved as an active substance for use in biocidal products of product-types 2 and 7.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 27 November 2019. For the Commission The President Jean-Claude Juncker
Versions
Cited by
- Judgment of the General Court (Seventh Chamber) 16 November 2022 Judgment · Grade B
By its actions pursuant to Article 263 TFEU, the applicant, Sciessent LLC, seeks the annulment of Commission Implementing Decision (EU) 2019/1960 of 26 November 2019 not approving silver zeolite as an existing active substance for use in biocidal products of product-types 2 and 7 (OJ 2019 L 306, p. 42) and Commission Implementing Decision (EU) 2019/1973 of 27 November 2019 not approving silver copper zeolite as an existing active substance for use in biocidal products of product-types 2 and 7 (OJ 2019 L 307, p. 58) (together, the contested decisions). ...
- Action brought on 20 February 2020 — Sciessent v Commission (Case T-123/20) Notice · Grade B
annul Commission Implementing Decision (EU) 2019/1973 of 27 November 2019 not approving silver copper zeolite as an existing active substance for use in biocidal products product-types 2 and 7;
- Judgment of the General Court of 16 November 2022 — Sciessent v Commission (Cases T-122/20 and T-123/20) Notice · Grade B
Biocidal productsActive substancesSilver zeolite and silver copper zeoliteRefusal of approval for product-types 2 and 7Article 4 and Article 19(1)(b) of Regulation (EU) No 528/2012EfficacyActive substances for use in treated articlesAssessment of the efficacy of the treated articles themselvesCompetence of the CommissionPrinciple of non-discriminationLegal certaintyLegitimate expectations2023/C 24/46Language of the case: English Applicant: Sciessent LLC (Beverly, Massachusetts, United States) (represented by: K. Van Maldegem and P. Sellar, lawyers, and V. McElwee, Solicitor) Defendant: Europea