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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 productsnote, and in particular the third subparagraph of Article 89(1) thereof,Whereas:
(1)Commission Delegated Regulation (EU) No 1062/2014note establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That lists includes carbendazim (EC No: 234-232-0; CAS No 10605-21-7).
(2)Carbendazim has been evaluated for use in biocidal products of product-type 9, fibre, leather, rubber and polymerised materials preservatives, as described in Annex V to Directive 98/8/EC of the European Parliament and of the Councilnote, which corresponds to product-type 9 as described in Annex V to Regulation (EU) No 528/2012.
(3)The evaluating competent authority of Germany submitted the assessment report together with its conclusions to the Commission on 2 August 2013.
(4)In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agencynote was adopted on 27 February 2019 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.
(5)According to that opinion, biocidal products of product-type 9 containing carbendazim may not be expected to meet the criteria laid down in Article 19(1)(b) of Regulation (EU) No 528/2012 as the environmental scenarios evaluated identified unacceptable risks to the environment and no safe use could be identified.
(6)Taking into account the opinion of the European Chemicals Agency, it is not appropriate to approve carbendazim for use in biocidal products of product-type 9, as the conditions laid down in Article 4(1) of Regulation (EU) No 528/2012 are not satisfied.
(7)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal products,
HAS ADOPTED THIS DECISION:
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