Commission Implementing Decision (EU) 2026/1129 of 22 May 2026 postponing the expiry date of the approval of IPBC for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/decision/2026/1129@2026-05-22/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 Article 14(5) thereof,
After consulting the Standing Committee on Biocidal Products,
Whereas:
(1) IPBC 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 8. Pursuant to Article 86 of Regulation (EU) No 528/2012, it was therefore considered approved until 30 June 2020 under that Regulation subject to the requirements set out in Annex I to Directive 98/8/EC.
(2) On 20 December 2018, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of IPBC for use in biocidal products of product-type 8 (the application).
(3) On 11 April 2019, the evaluating competent authority of Denmark informed the Commission that it had decided, pursuant to Article 14(1) of Regulation (EU) No 528/2012, that a full evaluation of the application was necessary. Pursuant to Article 8(1) of that Regulation, the evaluating competent authority is to perform a full evaluation of the application within 365 days of its validation.
(4) The evaluating competent authority may, as appropriate, require the applicant to provide sufficient data to carry out the evaluation, in accordance with Article 8(2) of Regulation (EU) No 528/2012. In that event, the 365-day period is suspended for a period that may not exceed 180 days in total unless a longer suspension is justified by the nature of the data requested or by exceptional circumstances.
(5) Within 270 days of receipt of a recommendation from the evaluating competent authority, the European Chemicals Agency (the Agency) is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance in accordance with Article 14(3) of Regulation (EU) No 528/2012.
(6) Commission Implementing Decision (EU) 2019/1969 postponed the expiry date of the approval of IPBC for use in biocidal products of product-type 8 to 31 December 2022, in order to allow sufficient time for the examination of the application.
(7) Commission Implementing Decision (EU) 2022/1485 further postponed the expiry date of the approval of IPBC for use in biocidal products of product-type 8 to 31 July 2025 due to the need of the evaluating competent authority to assess additional data requested from the applicant related to the criteria for the determination of endocrine-disrupting properties for non-target organisms.
(8) The Biocidal Products Committee adopted the opinion of the Agency on 25 February 2025, having regard to the conclusions of the evaluating competent authority.
(9) Commission Implementing Decision (EU) 2025/970 further postponed the expiry date of the approval of IPBC for use in biocidal products of product-type 8 to 31 July 2026 taking into account the time needed for the Commission to decide whether to renew the approval of IPBC for use in biocidal products of product-type 8.
(10) During the decision-making process, the Commission identified issues with the clarity of the conclusions of the Agency’s opinion concerning the endocrine-disrupting properties of the substance that may cause adverse effects to the environment (non-target organisms). Pursuant to Article 75(1), second subparagraph, point (g), of Regulation (EU) No 528/2012, the Commission intends to request the Agency to revise its opinion and to clarify the parts related to the assessment of endocrine-disrupting properties of IPBC with respect to non-target organisms.
(11) Consequently, for reasons beyond the control of the applicant, the approval is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to further postpone the expiry date of the approval for a period of time needed to re-consult the Agency and to finalise the Commission decision-making as to whether to renew the approval of IPBC for use in biocidal products of product-type 8. Therefore, the expiry date should be postponed to 31 December 2027.
(12) After the further postponement of the expiry date of the approval, IPBC remains approved for use in biocidal products of product-type 8 subject to the requirements set out in Annex I to Directive 98/8/EC,
HAS ADOPTED THIS DECISION:
Article 1
The expiry date of the approval of IPBC for use in biocidal products of product-type 8 set out in Implementing Decision (EU) 2025/970 is postponed to 31 December 2027.
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, 22 May 2026. For the Commission The President Ursula von der Leyen