(1)

Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (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. That list includes clothianidin.

(2)

Pursuant to Regulation (EC) No 2032/2003, clothianidin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

(3)

Germany was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 December 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.

(5)

The review of clothianidin did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

(6)

It appears from the examinations made that biocidal products used as wood preservatives and containing clothianidin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. However, unacceptable risks were identified for uses of treated wood outdoors but not in ground or water contact. It is therefore appropriate to include clothianidin in Annex I to Directive 98/8/EC, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing clothianidin can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. Authorisations for products to be used for the treatment of wood that will be used outdoors will require the submission of data in order to demonstrate that the products can be used without unacceptable risks to the environment.

(7)

In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing clothianidin and used as wood preservatives to ensure that risks be reduced to an acceptable level in accordance with Article 5 and Annex VI of Directive 98/8/EC. Special attention should be paid to measures aimed at protecting the soil, surface water and groundwater compartments since unacceptable risks in these compartments have been identified during the evaluation of the submitted dossier from certain uses.

(8)

Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

(9)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance clothianidin and also to facilitate the proper operation of the biocidal products market in general.

(10)

A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

(11)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing clothianidin to ensure that they comply with Directive 98/8/EC.

(12)

Directive 98/8/EC should therefore be amended accordingly.

(13)

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