Address https://gelex.eu/eli/EU/decision/2023/1424@2023-07-05/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

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 14(4), first subparagraph, point (b), thereof,

Whereas:

(1) Acrolein was included in Annex I to Directive 98/8/EC of the European Parliament and of the Council as an active substance for use in biocidal products of product-type 12. Pursuant to Article 86 of Regulation (EU) No 528/2012, it was therefore considered approved until 31 August 2020 under that Regulation subject to the requirements set out in Annex I to Directive 98/8/EC.

(2) On 28 February 2019, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of acrolein for use in biocidal products of product-type 12 (the application) as the approval of acrolein for use in biocidal products of product-type 12 was supposed to expire on 31 August 2020.

(3) Commission Implementing Decision (EU) 2020/1037 postponed the expiry date of the approval of acrolein for use in biocidal products of product-type 12 to 28 February 2023 in order to allow sufficient time for the examination of the application. That expiry was again postponed by Commission Implementing Decision (EU) 2022/1486 to 28 February 2025.

(4) However, on 6 October 2022, the evaluating competent authority informed the Agency and the Commission that the applicant had withdrawn its application for the renewal of approval of acrolein for use in biocidal products of product-type 12. Consequently, as it has not been established that acrolein still meets the conditions laid down in Article 4(1) of Regulation (EU) No 528/2012, it is appropriate to not renew the approval of acrolein for use in biocidal products of product-type 12.

(5) 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

The approval of acrolein as an active substance for use in biocidal products of product-type 12 is not renewed.

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, 5 July 2023. For the Commission The President Ursula von der Leyen

Versions

1. 2023-07-05

Cited by

• Commission Delegated Regulation (EU) 2024/3199 of 15 October 2024 amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides and industrial chemicals (Text with EEA relevance) Regulation · Grade B

  By Implementing Decision (EU) 2023/1424, the Commission decided not to renew the approval of the substance acrolein since it has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that decision is that acrolein is banned from all use in the category pesticides, due to the fact that the substance has not been approved for any other use in that category. In addition, the harmonised classification of the substance under Regulation (EC) No 1272/2008 is sufficient evidence that it raises concerns for human health or the environment. Therefore, acro

• Commission Implementing Decision (EU) 2023/1423 of 5 July 2023 repealing Implementing Decision (EU) 2022/1486 postponing the expiry date of the approval of acrolein for use in biocidal products of product-type 12 (Text with EEA relevance) Decision · Grade B

  However, on 6 October 2022, the evaluating competent authority of Czechia informed the Agency and the Commission that the applicant had withdrawn its application for the renewal of approval of acrolein for use in biocidal products of product-type 12. Consequently, as it has not been established that acrolein still meets the conditions laid down in Article 4(1) of Regulation (EU) No 528/2012, Commission Implementing Decision (EU) 2023/1424 did not renew the approval of acrolein for use in biocidal products of product-type 12. Therefore, it is appropriate to repeal Implementing Decision (EU) 202