Commission Implementing Regulation (EU) 2023/2088 of 28 September 2023 approving reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (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 Article 89(1), third subparagraph, thereof,

Whereas:

1. Didecylmethylpoly(oxyethyl)ammonium propionate was approved as an existing active substance for use in biocidal products of product-type 8 by Commission Implementing Regulation (EU) 2016/1093⁽²⁾.

2. Didecylmethylpoly(oxyethyl)ammonium propionate is also included in the list of existing active substances of Annex II to Commission Delegated Regulation (EU) No 1062/2014⁽³⁾ for product-types 2, 4 and 10, referred to with its chemical name ‘poly(oxy-1,2- ethanediyl),.alpha.-[2-(didecylmethylammonio)ethyl]-.omega.-hydroxy-, propanoate (salt) (‘Bardap 26’).

3. On 22 November 2022, the Biocidal Products Committee of the European Chemicals Agency (the ‘Agency’) adopted the opinions on the applications for approval of the active substance for use in biocidal products of product-types 2⁽⁴⁾ and 4⁽⁵⁾, and submitted them to the Commission in accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014.

4. In those opinions, the Agency concluded that the substance composition and reference specification was consistent with the active substance assessed and approved under product-type 8, but that the name of the substance in the list of Annex II to Delegated Regulation (EU) No 1062/2014 and, consequently, in Implementing Regulation (EU) 2016/1093 was not appropriate. Therefore, pursuant to Article 13 of Delegated Regulation (EU) No 1062/2014, the identity of the active substance didecylmethylpoly(oxyethyl)ammonium propionate was redefined to reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate (‘DMPAP’).

5. Consequently, the identity of the active substance also needs to be changed in Implementing Regulation (EU) 2016/1093. As a number of changes related to the redefinition of the substance need to be made in Implementing Regulation (EU) 2016/1093, in the interests of clarity, that Regulation should be replaced.

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

HAS ADOPTED THIS REGULATION: