Commission Implementing Regulation (EU) 2022/2405 of 7 December 2022 correcting Implementing Regulation (EU) 2021/1044 as regards the period of validity of the Union authorisation for the single biocidal product ‘Pesguard® Gel’ (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 44(5), first subparagraph, thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2021/1044 (2) granted a Union authorisation for the single biocidal product ‘Pesguard® Gel’ containing clothianidin as an active substance that is a candidate for substitution, identified in Commission Implementing Regulation (EU) 2015/985 (3) in accordance with Article 10(5) of Regulation (EU) No 528/2012.

(2) According to Article 23(6) of Regulation (EU) No 528/2012, an authorisation for a biocidal product containing an active substance that is a candidate for substitution is to be granted for a period not exceeding five years.

(3) The Commission, in Implementing Regulation (EU) 2021/1044, erroneously granted the Union authorisation for the single biocidal product ‘Pesguard® Gel’ for a period of 10 years.

(4) Implementing Regulation (EU) 2021/1044 should therefore be corrected accordingly.

(5) 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

Implementing Regulation (EU) 2021/1044 is corrected as follows:

(1) in Article 1, in the second paragraph, ‘30 June 2031’ is replaced by ‘30 June 2026’;

(2) in the Annex, in point 1.2, in the table, in the row ‘Expiry date of the authorisation’, ‘30 June 2031’ is replaced by ‘30 June 2026’.

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, 7 December 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 167, 27.6.2012, p. 1.

(2) Commission Implementing Regulation (EU) 2021/1044 of 22 June 2021 granting a Union authorisation for the single biocidal product ‘Pesguard® Gel’ (OJ L 225, 25.6.2021, p. 54).

(3) Commission Implementing Regulation (EU) 2015/985 of 24 June 2015 approving clothianidin as an existing active substance for use in biocidal products for product-type 18 (OJ L 159, 25.6.2015, p. 46).