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Commission Implementing Decision (EU) 2026/378 of 20 February 2026 not renewing the approval of etofenprox for use in biocidal products of product-types 8 and 18 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (Text with EEA relevance)

In forceVersion 2026-02-20from 2026-03-15
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
    3. Article 3

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) Etofenprox 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 (wood preservatives). Pursuant to Article 86 of Regulation (EU) No 528/2012, it was therefore considered approved under that Regulation subject to the requirements set out in Annex I to Directive 98/8/EC.

(2) The approval of etofenprox for use in biocidal products of product-type 8 was to expire on 31 January 2020. On 27 July 2018, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of that approval.

(3) Commission Implementing Decision (EU) 2019/994 postponed the expiry date of the approval of etofenprox for use in biocidal products of product-type 8 to 31 October 2022, to allow sufficient time for the examination of the application for the renewal of that approval. Commission Implementing Decision (EU) 2022/1487 postponed further the expiry date of the approval of etofenprox for use in biocidal products of product-type 8, to 31 October 2026, due to delays linked with the delivery of additional studies needed to assess the criteria for the determination of endocrine-disrupting properties of etofenprox.

(4) Etofenprox was also approved as an active substance for use in biocidal products of product-type 18 by Commission Implementing Regulation (EU) No 1036/2013 subject to the conditions set out in the Annex to that Regulation.

(5) The approval of etofenprox for use in biocidal products of product-type 18 was to expire on 30 June 2025. On 25 October 2023, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of that approval.

(6) Commission Implementing Decision (EU) 2025/434 postponed the expiry date of the approval of etofenprox for use in biocidal products of product-type 18 to 31 December 2027, to allow sufficient time for the examination of the application for the renewal.

(7) However, on 12 June 2025, the applicant who submitted the applications for the renewal of the approval of etofenprox for use in biocidal products for both product-types 8 and 18 informed the Commission that it withdrew its applications for the renewal of the approval.

(8) Consequently, as it has not been established that etofenprox still meets the conditions laid down in Article 4(1) of Regulation (EU) No 528/2012, it is appropriate to not renew the approval.

(9) In order to allow sufficient time for economic operators to adapt, treated articles treated with or incorporating etofenprox for use in biocidal products of product-types 8 and 18 may be placed on the market for a period of 180 days after the entry into force of this Decision.

(10) 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 etofenprox as an active substance for use in biocidal products of product-types 8 and 18 is not renewed.

Article 2

Treated articles treated with or intentionally incorporating etofenprox for use in biocidal products of product-types 8 and 18 shall no longer be placed on the market as from 11 September 2026.

Article 3

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, 20 February 2026. For the Commission The President Ursula von der Leyen

Versions

  1. 2026-02-20

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