Commission Implementing Regulation (EU) 2016/131 of 1 February 2016 approving C(M)IT/MIT (3:1) as an existing active substance for use in biocidal products for product-types 2, 4, 6, 11, 12 and 13 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/131of 1 February 2016approving C(M)IT/MIT (3:1) as an existing active substance for use in biocidal products for product-types 2, 4, 6, 11, 12 and 13(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 productsOJ L 167, 27.6.2012, p. 1., and in particular the third subparagraph of Article 89(1) thereof,Whereas:(1)Commission Delegated Regulation (EU) No 1062/2014Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1). establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes C(M)IT/MIT (3:1).(2)C(M)IT/MIT (3:1) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the CouncilDirective 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1). for use in product-type 2, private area and public health area disinfectants and other biocidal products, product-type 4, food and feed area disinfectants, product-type 6, in-can preservatives, product-type 11, preservatives for liquid-cooling and processing systems, product-type 12, slimicides, and product-type 13, metalworking-fluid preservatives, as defined in Annex V to that Directive, which correspond respectively to product-types 2, 4, 6, 11, 12 and 13 as defined in Annex V to Regulation (EU) No 528/2012.(3)France was designated as evaluating competent authority and submitted the assessment reports, together with its recommendations, to the Commission on 19 October 2011, 27 November 2012 and 22 April 2013 in accordance with paragraphs 4 and 6 of Article 14 of Commission Regulation (EC) No 1451/2007Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3)..(4)In accordance with Article 7(1)(b) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 5 February 2015, 14 April 2015 and 17 June 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.(5)According to those opinions, biocidal products used for product-types 2, 4, 6, 11, 12 and 13 and containing C(M)IT/MIT (3:1) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain conditions concerning its use are complied with.(6)It is therefore appropriate to approve C(M)IT/MIT (3:1) for use in biocidal products for product-types 2, 4, 6, 11, 12 and 13 subject to compliance with certain specifications and conditions.(7)For the use in product-type 4, the evaluation did not address the incorporation of biocidal products containing C(M)IT/MIT (3:1) in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the CouncilRegulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).. Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of that Regulation. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.(8)Since C(M)IT/MIT (3:1) meets the criteria for classification as skin sensitiser category 1 as defined in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the CouncilRegulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)., treated articles treated with or incorporating C(M)IT/MIT (3:1) should be appropriately labelled when placed on the market.(9)A reasonable period should be allowed to elapse before an active substance is approved, in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.(10)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,HAS ADOPTED THIS REGULATION: