Introductory text

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^f1, and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

Commission Delegated Regulation (EU) No 1062/2014^f2 establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes tolylfluanid.

Tolylfluanid has been evaluated for use in products of product-type 7, film preservatives, as described in Annex V to Regulation (EU) No 528/2012.

Finland was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 17 March 2015.

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 9 December 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

According to that opinion, biocidal products of product-type 7 and containing tolylfluanid may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.

It is therefore appropriate to approve tolylfluanid for use in biocidal products of product-type 7, subject to compliance with certain specifications and conditions.

Since tolylfluanid 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 Council^f3, treated articles treated with or incorporating tolylfluanid should be appropriately labelled when placed on the market.

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.

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION: