Commission Implementing Regulation (EU) 2023/2620 of 24 November 2023 approving sulfur dioxide generated from sulfur by combustion as an active substance for use in biocidal products of product-type 4 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

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) Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes sulfur dioxide generated from sulfur by combustion for product-type 4.

(2) Sulfur dioxide generated from sulfur by combustion has been evaluated for use in biocidal products of product-type 4, food and feed area disinfectants, as described in Annex V to Regulation (EU) No 528/2012.

(3) Germany was designated as the rapporteur Member State and its evaluating competent authority submitted the assessment report together with its conclusions of its evaluation to the European Chemicals Agency (‘ECHA’). Discussions took place in technical meetings organised by ECHA.

(4) In accordance with Article 75(1), second subparagraph, point (a), of Regulation (EU) No 528/2012, the Biocidal Products Committee prepares the opinion of ECHA regarding the applications for approval of active substances. In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014 read in conjunction with Article 75(1) and (4) of Regulation (EU) No 528/2012, the Biocidal Products Committee adopted the opinion of ECHA (3) on 26 September 2022, having regard to the conclusions of the evaluating competent authority.

(5) According to that opinion, biocidal products of product-type 4 containing sulfur dioxide generated from sulfur by combustion may be expected to satisfy the criteria laid down in Article 19(1), point (b), of Regulation (EU) No 528/2012, provided that certain conditions concerning their use are complied with.

(6) Taking into account the opinion of ECHA, it is appropriate to approve sulfur dioxide generated from sulfur by combustion as an active substance for use in biocidal products of product-type 4 subject to compliance with certain conditions.

(7) A reasonable period should be allowed to elapse before an existing active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

(8) 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

Sulfur dioxide generated from sulfur by combustion is approved as an active substance for use in biocidal products of product-type 4 subject to the 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, 24 November 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 167, 27.6.2012, p. 1.

(2) Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

(3) Biocidal Products Committee Opinion on the application for approval of the active substance Sulfur dioxide generated from sulfur by combustion; Product-type 4; ECHA/BPC/354/2022.