EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/11708/2020 
(POOL/E4/2020/11708/11708 -EN.docx)  
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
not approving carbon dioxide as an existing active substance for use in biocidal products 
of product -type 19  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
not approving carbon dioxide as an existing active substance for use in biocidal products 
of product -type 19  
(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 availab le on the market and use of biocidal 
products1, and in particular  the third subparagraph of  Article 89(1) thereof,  
Whereas:  
(1) Commission Delegated Regulation (EU) No 1062/20142 establishes a list of e xisting 
active substances to be evaluated for their possib le approval for use in biocidal 
products. That list includes carbon dioxide  (EC No: 204-696-9; CAS No : 124-38-9). 
That list also includes carbon dioxide generated from propane, butane or a mixture of 
both by combustion.  The latter is not covered by this Implementing Decision.  
(2) All the participants  have withdrawn their support for carbon dioxide for use in biocidal 
products of product -type 19, repellents  and attractants . The European Chemicals 
Agency published an o pen invi tation  to tak e over the role o f participant  in accordance 
with point (a) of Article 14(1)  of Delegated Regulation (EU) No 1062/2014 . No 
notification has been submitted pursuant to Article 17 of that Regulation . In 
accordance with point (b) of the first par agraph of Article 20 of Delegated Regulation 
(EU) No 1062/2014, a non -approval decision should be adopted for active substances 
no longer supported in the review programme  for the product -type concerned .  
(3) Carbon dioxide  (EC No: 204-696-9; CAS No : 124-38-9) should therefore not be 
approved as an active substance  for use in biocidal products  of product -type 19 .  
(4) Existing biocidal products of product -type 19 and containing carbon dioxide may 
continue to be made available on the market and used before the dates  set in the 
second subparagraph of Article 89(2) of Regulation (EU) No 528/2012.  
(5) In any case , carbon dioxide is listed in category 6 of Annex I to Regulation (EU) No 
528/2012. Biocidal products of product -type 19 containing carbon dioxide may be 
therefore made available on the market and use d provided that they are authorised in 
accordance with  that Regulation and comply  with the conditions and specifications set 
in Annex I  for carbon dioxide . 
                                                 
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 a nd of the Co uncil (OJ L 294, 10.10.2014, 
p. 1). EN 2  EN (6) The measures provided for in this Decision are in accordance wit h the opinion of the 
Standing Committee  on Biocidal products,  
HAS ADOPTED THIS DECISION:  
Article 1  
Carbon dioxide  (EC No: 204-696-9; CAS No : 124-38-9) is not approved as an active 
substance for use in biocidal products of product -type 19. 
Article 2 
This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN  