Explanatory Memorandum to COM(2013)46 - Amendment of Directive 98/8/EC to include powdered corn cob as an active substance in Annexes I and IA thereto

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According to Directive 98/8/EC of the European Parliament and the Council of 16 February 1998 i concerning the placing of biocidal products on the market, a programme of work shall be carried out concerning the review of all active substances contained in biocidal products already on the market on 14 May 2000 (existing active substances). Powdered corn cob was identified as an existing active substance and evaluated in the context of that work programme.

In accordance with the second subparagraph of Article 16 i of Directive 98/8/EC, it may be decided through the regulatory procedure with scrutiny referred to in Article 28 i of the Directive that an existing active substance shall be included in Annex I to the Directive. In the view of the Commission, the conclusions of the evaluation of powdered corn cob are that the conditions for the inclusion of the substance into both Annex I and Annex IA for use in product-type 14, rodenticides, as defined in Annex V to the Directive, are met under certain conditions. Accordingly, the Commission submitted a draft Directive for vote in the Committee established under Article 28 i of Directive 98/8/EC. The Committee did not deliver a favourable opinion on the draft Directive in its meeting on 21 September 2012. In particular, some Member States had reservations regarding the level of efficacy of this active substance. The Commission considers that sufficient information has been submitted to demonstrate a certain efficacy to justify an inclusion into the annex I and IA of the directive, in particular in light of the fact that additional efficacy data will have to be submitted in the applications for product authorisation.

Thus, in accordance with the procedure set out in Article 5(a) of Decision 1999/468/EC, a Proposal for a Council Directive is submitted to the Council and forwarded to the European Parliament.