Commission Implementing Regulation (EU) 2024/2432 of 16 September 2024 granting a Union authorisation for the biocidal product family Diversey Hydrogen Peroxide Product Family 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 44(5), first subparagraph, thereof,

Whereas:

(1) On 31 January 2017, Diversey Europe Operations B.V. (‘the applicant’) submitted an application to the European Chemicals Agency (‘the Agency’) in accordance with Article 43(1) of Regulation (EU) No 528/2012 and Article 4 of Commission Implementing Regulation (EU) No 414/2013 (2) for Union authorisation of the same biocidal product family, as referred to in Article 1 of Implementing Regulation (EU) No 414/2013, named ‘Diversey Hydrogen Peroxide Product Family’, of product-type 4, as described in Annex V to Regulation (EU) No 528/2012. The application was recorded under case number BC-WV029790-00 in the Register for Biocidal Products. The application also indicated the case number of the related reference biocidal product family ‘Evonik's Hydrogen Peroxide Product Family’ later authorised by Commission Implementing Regulation (EU) 2023/2183 (3), recorded in that register under case number BC-UE029056-42.

(2) The biocidal product family ‘Diversey Hydrogen Peroxide Product Family’ contains hydrogen peroxide as the active substance, included in the Union list of approved active substances referred to in Article 9(2) of Regulation (EU) No 528/2012 for product-type 4.

(3) On 9 September 2022, the Agency submitted to the Commission its opinion (4) and the draft summary of the biocidal product characteristics (‘SPC’) of ‘Diversey Hydrogen Peroxide Product Family’ in accordance with Article 6 of Implementing Regulation (EU) No 414/2013.

(4) In its opinion, the Agency concludes that the proposed differences between the biocidal product family ‘Diversey Hydrogen Peroxide Product Family’ and the related reference biocidal product family ‘Evonik's Hydrogen Peroxide Product Family’ are limited to information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013 (5), and that based on the assessment of the related reference biocidal product family ‘Evonik’s Hydrogen Peroxide Product Family’ and subject to compliance with the draft SPC, the same biocidal product family ‘Diversey Hydrogen Peroxide Product Family’ meets the conditions laid down in Article 19(6) of Regulation (EU) No 528/2012.

(5) On 15 May 2024, the Agency transmitted to the Commission the revised draft SPCs of ‘Diversey Hydrogen Peroxide Product Family’ in all the official languages of the Union in accordance with Article 44(4) of Regulation (EU) No 528/2012.

(6) On 13 June 2024, the Agency informed the Commission that, due to an error, the Agency’s opinion and the draft SPC submitted to the Commission include a reference to product-types 2 and 4, while the applicant had restricted the application to uses of product-type 4.

(7) The Commission concurs with the opinion of the Agency and considers it therefore appropriate to grant a Union authorisation for the same biocidal product family ‘Diversey Hydrogen Peroxide Product Family’ for product-type 4.

(8) The expiry date of the authorisation should be aligned with the expiry date of the authorisation of the related reference biocidal product family ‘Evonik’s Hydrogen Peroxide Product Family’.

(9) 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

A Union authorisation with authorisation number EU-0029435-0000 is hereby granted to Diversey Europe Operations B.V for the making available on the market and use of the same biocidal product family ‘Diversey Hydrogen Peroxide Product Family’ in accordance with the summary of the biocidal product characteristics set out in the Annex.

The Union authorisation is valid from 7 October 2024 until 31 October 2033.

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, 16 September 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj.

(2) Commission Implementing Regulation (EU) No 414/2013 of 6 May 2013 specifying a procedure for the authorisation of same biocidal products in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 125, 7.5.2013, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2013/414/oj).

(3) Commission Implementing Regulation (EU) 2023/2183 of 18 October 2023 granting a Union authorisation for the biocidal product family Evonik’s Hydrogen Peroxide Product Family in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L, 2023/2183, 19.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2183/oj)

(4) European Chemicals Agency opinion of 9 September 2022 on the Union authorisation of the same biocidal product family ‘Diversey Hydrogen Peroxide Product Family’, https://echa.europa.eu/opinions-on-union-authorisation

(5) Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 109, 19.4.2013, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2013/354/oj).