# Commission Implementing Regulation (EU) 2015/1730 of 28 September 2015 approving hydrogen peroxide as an existing active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 (Text with EEA relevance), Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Regulation (EU) 2015/1730
of 28 September 2015
approving hydrogen peroxide as an existing active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6
(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 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 hydrogen peroxide.
(2)
Hydrogen peroxide has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council for use in product-type 1, human hygiene biocidal products, product-type 2, private area and public health area disinfectants and other biocidal products, product-type 3, veterinary hygiene biocidal products, product-type 4, food and feed area disinfectants, product-type 5, drinking water disinfectants, and product-type 6, in-can preservatives, as defined in Annex V to that Directive, which correspond respectively to product-types 1, 2, 3, 4, 5 and 6, as defined in Annex V to Regulation (EU) No 528/2012.
(3)
Finland was designated as evaluating competent authority and submitted the assessment reports, together with its recommendations, to the Commission on 2 August 2013 in accordance with paragraphs 4 and 6 of Article 14 of Commission Regulation (EC) No 1451/2007.
(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 2 February 2015 by the Biocidal Product Committee, having regard to the conclusions of the evaluating competent authority.
(5)
According to those opinions, biocidal products used for product-types 1, 2, 3, 4, 5 and 6 and containing hydrogen peroxide may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that certain conditions concerning its use are complied with.
(6)
It is therefore appropriate to approve hydrogen peroxide for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 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 hydrogen peroxide in materials and articles intended to come into contact directly or indirectly with food within the meaning of Regulation (EC) No 1935/2004 of the European Parliament and of the Council. Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of Regulation (EC) No 1935/2004. 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)
Regulation (EU) No 98/2013 of the European Parliament and of the Council on the marketing and use of explosive precursors applies to hydrogen peroxide.
(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:

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Source: https://www.legislation.gov.uk/eur/2015/1730/introduction (the official version)
Page: https://openlegislation.uk/eu-regulation-2015-1730/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.