Commission Implementing Regulation (EU) No 92/2014 of 31 January 2014 approving zineb as an existing active substance for use in biocidal products for product-type 21 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⁽¹⁾, and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

Commission Regulation (EC) No 1451/2007⁽²⁾ establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council⁽³⁾. That list includes zineb.
Zineb has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 21, antifouling products, as defined in Annex V to that Directive, which corresponds to product-type 21 as defined in Annex V to Regulation (EU) No 528/2012.
Ireland was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 March 2011 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 13 December 2013, in an assessment report.
It appears from that report that biocidal products used for product-type 21 and containing zineb may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that the conditions specified in the Annex to this Regulation are satisfied. It is therefore appropriate to approve zineb for use in biocidal products for product-type 21.
Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.
A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Zineb shall be approved as an active substance for use in biocidal products for product-type 21, subject to the specifications and conditions set out in the Annex.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 January 2014.

For the Commission

The President

José Manuel Barroso

ANNEX

Common Name	IUPAC Name Identification Numbers	Minimum degree of purity of the active substance⁽¹⁾	Date of approval	Expiry date of approval	Product type	Specific conditions⁽²⁾
Zineb	IUPAC Name: Zinc ethylenebis(dithiocarbamate) (polymeric) EC No: 235-180-1 CAS No: 12122-67-7	940 g/kg	1 January 2016	31 December 2025	21	The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance. Persons making products containing zineb available on the market for non-professional users shall make sure that the products are supplied with appropriate gloves. Authorisations are subject to the following conditions: For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment. Labels and, where provided, instructions for use shall indicate that children shall be kept away until treated surfaces are dry. Labels and, where provided, safety data sheets of products authorised shall indicate that application, maintenance and repair activities shall be conducted within a contained area, on impermeable hard standing with bunding or on soil covered with an impermeable material to prevent losses and minimise emissions to the environment, and that any losses or waste containing zineb shall be collected for reuse or disposal. For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council⁽³⁾ or Regulation (EC) No 396/2005 of the European Parliament and of the Council⁽⁴⁾ shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded. Where a treated article has been treated with or intentionally incorporates zineb, and where necessary due to the possibility of skin contact as well as the release of zineb under normal conditions of use, the person responsible for placing the treated article on the market shall ensure that the label provides information on the risk of skin sensitisation, as well as the information referred to in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance⁽¹⁾

Date of approval

Expiry date of approval

Product type

Specific conditions⁽²⁾

Zineb

IUPAC Name:

Zinc ethylenebis(dithiocarbamate) (polymeric)

EC No: 235-180-1

CAS No: 12122-67-7

940 g/kg

1 January 2016

31 December 2025

21

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

Persons making products containing zineb available on the market for non-professional users shall make sure that the products are supplied with appropriate gloves.

Authorisations are subject to the following conditions:

For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.
Labels and, where provided, instructions for use shall indicate that children shall be kept away until treated surfaces are dry.
Labels and, where provided, safety data sheets of products authorised shall indicate that application, maintenance and repair activities shall be conducted within a contained area, on impermeable hard standing with bunding or on soil covered with an impermeable material to prevent losses and minimise emissions to the environment, and that any losses or waste containing zineb shall be collected for reuse or disposal.
For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council⁽³⁾ or Regulation (EC) No 396/2005 of the European Parliament and of the Council⁽⁴⁾ shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

Where a treated article has been treated with or intentionally incorporates zineb, and where necessary due to the possibility of skin contact as well as the release of zineb under normal conditions of use, the person responsible for placing the treated article on the market shall ensure that the label provides information on the risk of skin sensitisation, as well as the information referred to in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.