BETA

Activities of Sabine WILS related to 2009/0076(COD)

Plenary speeches (1)

Placing on the market and use of biocidal products (debate)
2016/11/22
Dossiers: 2009/0076(COD)

Amendments (71)

Amendment 104 #
Proposal for a regulation
Recital 3
(3) The purpose of this Regulation is to increase the free movement of biocidal products within the Community. In order to remove as far as possible obstacles to trade in biocidal products stemming from the different levels of protecfirst to ensure a high level of protection of both human and animal health and the environment from any harmful or unacceptable effects linked with the use of biocides and secondly to promote the internal market of low-risk biocidal products within the Community. Particular attention should be paid to the protection of vulnerable groups of the population, in the Member States, harmonised rucluding pregnant women, infants and children. The precautionary principles should be laid down for the approval of active substances and theapplied and this Regulation should ensure that industry demonstrates that substances or products produced or placinged on the market and use of biocidal products, including the rules on the mutual recognition of audo not have any harmful effect on human or animal health orisations and on parallel trade any unacceptable effects on the environment.
2010/03/18
Committee: ENVI
Amendment 110 #
Council position
Article 1 – paragraph 1
1. The purpose of this Regulation is to ensure a high level of protection of both human and animal health and the environment and to improve the functioning of the internal market through the harmonisation of the rules on the making available on the market and the use of biocidal products, whilst ensuring a high level of protection of both human and animal health and the environment. The provisions of this Regulation are underpinned by the precautionary principle, the aim of which is to safeguard the health. The provisions of this Regulation are underpinned by the precautionary principle, in order to ensure that active substances or products placed on the market do not have harmful effects ofn humans, animals and the environment. non-target species and the environment. Special attention shall be paid to protecting children, pregnant women and the sick. Or. en (Reinstatement of amendment 341 from first reading.)
2011/09/13
Committee: ENVI
Amendment 116 #
Proposal for a regulation
Recital 26
(26) In order to encourage the use of low- risk biocidal products with more favourable environmental or human health profile compared to other biocidal products, it should be allowed to authorise low-risk biocidal products without prior approval of the active substances contained therein.deleted
2010/03/18
Committee: ENVI
Amendment 123 #
Council position
Article 3 – paragraph 1 – point (f) - subparagraph 2 – indent 2 a (new)
- a substance which fulfils the criteria for being a POP under Regulation (EC) No 850/2004, or which fulfils the criteria for being persistent, bio-accumulative and toxic (PBT) or very persistent and very bio-accumulative (vPvB) in accordance with Annex XIII of Regulation (EC) No 1907/2006; Or. en (Reinstatement of amendment 99 from first reading.)
2011/09/13
Committee: ENVI
Amendment 126 #
Council position
Article 3 – paragraph 1 – point aa
(aa) "nanomaterial" means nanomaterial as defined in Commissionany intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale. Properties that are characteristic of the nanoscale include: (i) those related to the large specific surface area of the materials considered; and/or (ii) specific physico-chemical properties that are different from those of the non- nanoform of the same material. No later than six months after the adoption of Recommendation 20../…/EC of … … concerning the definition of nanomaterials; , the Commission shall make a legislative proposal to include the definition in this Regulation. Or. en (Partial reinstatement of amendment 34 of first reading.)
2011/09/13
Committee: ENVI
Amendment 128 #
Council position
Article 4 – paragraph 1
1. An active substance shall be approvedincluded in Annex -I for an initial period not exceeding 10 years if at least one biocidal product containing that active substance may be expected to meet the criteriafulfils the conditions laid down in point (b) of Article 18(1) taking into account the factors set out in Article 18(2) and (5). An active substance referred to in Article 5 may only be included in Annex I for an initial period of 5 years. (Note: This amendment applies throughout the text. If adopted, reference to "approval of an active substance" is to be replaced by reference to "inclusion of an active substance in Annex -I", reference to "approval" by "inclusion in Annex -I", reference to "approved" by "included in Annex -I" etc. throughout the text.) Or. en (Reinstatement of amendment 39 from first reading.)
2011/09/13
Committee: ENVI
Amendment 129 #
Council position
Article 5 – paragraph 1 – point d
(d) active substances which, on the basis of the assessment of Union or internationally agreed test guidelines or other peer-reviewed scientific data and information, including a review of the scientific literature, reviewed by the Agency, are considered as having endocrine-disrupting properties that may cause adverse effect in humans, or which are identified in accordance with Articles 57(f) and 59(1) of Regulation (EC) No 1907/2006 as having endocrine disrupting properties; . Or. en (Reinstatement of part of amendment 44 from first reading.)
2011/09/13
Committee: ENVI
Amendment 131 #
Council position
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) the risk to humans or the environment from exposure to the active substance in a biocidal product, under realistic worst case conditions of use, is negligible, in particular wheremeaning that the product is used in closed systems or strictly controlled conditions; under other conditions excluding contact with humans; Or. en (Reinstatement of part of amendment 44 from first reading.)
2011/09/13
Committee: ENVI
Amendment 133 #
Council position
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) it is shown by evidence that the active substance is essentialnecessary to prevent or to control a serious danger to public or animal health or to the environment; or (Reinstatement of part of amendment 44 from first reading. Linked to the amendment deleting, to food and feed safety, or to the public interest and that there are no effective alternative substances or technologies available. The use of any biocidal product containing active substances included in Annex I pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised. Member State authorising a biocidal product containing an active substance included in Annex I pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non- chemical methods, which are as effective as the biocidal product concerned and shall without delay transmit that plan to the Commission. The use of the biocidal product with the active substance concerned shall be restricted to those Member States where the serious danger has to be prevented or, if it occurs, controlled. Or. en Article 5(2)(c) and the last subparagraph - should be voted together.)
2011/09/13
Committee: ENVI
Amendment 135 #
Council position
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) not approving the active substance would cause disproportionate negative impacts for society when compared with the risk to human health or the environment arising from the use of the substance. (Partial reinstatement of amendment 44 of first reading. Linked to the new amendment ondeleted Or. en Article 5(2)(b))
2011/09/13
Committee: ENVI
Amendment 137 #
Council position
Article 5 – paragraph 2 – subparagraph 2
When deciding whether an active substance may be approved in accordance with the first subparagraph, the availability of suitable and sufficient alternative substances or technologies shall also be taken into account. (Partial reinstatement of amendment 44 of first reading. Linked to the new amendment ondeleted Or. en Article 5(2)(b).)
2011/09/13
Committee: ENVI
Amendment 139 #
Council position
Article 5 – paragraph 3 – subparagraph 1
TNo later than 13 December 2013, the Commission shall be empowered to adopt delegated acts in accordance with Article 82 specifyingic scientific criteria for the determination of endocrine disrupting properties. Or. en (Partial reinstatement of amendment 44 of first reading.)
2011/09/13
Committee: ENVI
Amendment 151 #
Council position
Article 10 – paragraph 1 – point c a (new)
(c a) it is considered to have endocrine disrupting properties that may cause adverse effect on humans on the basis of the assessment of Community or internationally agreed test guidelines or other available data Or. en (Reinstatement of the text of the Commission proposal.)
2011/09/13
Committee: ENVI
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
1. Notwithstanding Article 4(1), active substances referred to in paragraph 2 shall be included in Annex I only if at least onell of the following conditions isare met:
2010/03/18
Committee: ENVI
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
a) the exposure of humans to that active substance in a biocidal product, under normalrealistic and all worst-case conditions of use, is negligible, in particular where the product is used in closed systems or strictly controlled conditions;
2010/03/18
Committee: ENVI
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
b) it is shownproven by the applicant on the basis of documented evidence that the active substance is necessary to control a serious danger to public health which cannot be contained by any other available means, including non-chemical means;
2010/03/18
Committee: ENVI
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c
c) it is shown that not including the active substance in Annex I would cause disproportionate negative impacts when compared with the risk to human health or the environment arising from the use of the substancewith a comparative assessment it is shown that there are no chemical or non- chemical alternative substances or technologies for the purpose concerned and which present significantly lower risk and that there are no suitable alternative substances or technologies.rm for human or animal health or the environment;
2010/03/18
Committee: ENVI
Amendment 166 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c a (new)
ca. the use of the active substance is subject to risk mitigation measures to ensure that exposure to humans and the environment is minimised and regularly monitored;
2010/03/18
Committee: ENVI
Amendment 167 #
Council position
Article 18 – paragraph 1 – point e a (new)
(e a) where nanomaterials are used in that product, the risk to the environment and to health has been assessed separately Or. en (Reinstatement of amendment 88 from first reading.)
2011/09/13
Committee: ENVI
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c b (new)
cb. a substitution plan on how to control the serious danger by other means, including non-chemical methods, is presented by the applicant.
2010/03/18
Committee: ENVI
Amendment 171 #
Council position
Article 18 – paragraph 5
5. Notwithstanding paragraphs 1 and 4, a biocidal product may be authorised when the conditions laid down in paragraph 1(b)(iii) and (iv) are not fully met, or may be authorised for making available on the market for use by the general public when the criteria referred to in paragraph 4(c) are met, where notwhere it is shown by evidence that the biocidal product is necessary to prevent or control a serious danger to public or animal health or to the environment, to food and feed or to the public interest and that there are no effective alternative products or technologies available. The use of any biocidal product authorised pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised. A Member State authorising thea biocidal product would result in disproportionate negative impacts for society when compared to the risks to human or animal health or to the environment arising from tauthorised pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non- chemical methods, which are as effective as the biocidal product concerned and shall without delay transmit that plan to the Commission. The use of theany biocidal product under the conditions laid down in the authorisationauthorised pursuant to this paragraph shall be restricted to those Member States where the serious danger has to be prevented or, if it occurs, controlled.
2011/09/13
Committee: ENVI
Amendment 171 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Point (c) shall not apply to active substances for product types 4 and 14 to 19. 2. The use of the biocidal product with the active substance concerned shall be restricted to those Member States where the relevant harmful organisms or serious danger occur. The application of such products shall be limited to professional users.
2010/03/18
Committee: ENVI
Amendment 172 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
2a. The active substance shall only be included in Annex I once, for a period not exceeding five years.
2010/03/18
Committee: ENVI
Amendment 180 #
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
da) Active substances containing nanomaterials.
2010/03/18
Committee: ENVI
Amendment 192 #
Council position
Article 24 – paragraph 1 – point b a (new)
(b a) the biocidal product does not contain a nanomaterial; Or. en (Reinstatement of amendment 103 of first reading.)
2011/09/13
Committee: ENVI
Amendment 215 #
Council position
Article 36 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Article 31(2), any of the Member States concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted, provided that such a measure can be justified on grounds of: Or. en (Amendment to be coherent with amendment 342 from first reading.)
2011/09/13
Committee: ENVI
Amendment 216 #
Council position
Article 36 – paragraph 1 – subparagraph 1 – point c
(c) the protection of health and life of humans, animals or plants; particularly of vulnerable groups, or of animals or plants; Or. en (Partial reinstatement of amendment 343 from first reading)
2011/09/13
Committee: ENVI
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 3
3. Unless otherwisestricter specified in the decision to renew the inclusion of an active substance in Annex I, the renewal shall be for an unlimitednot exceeding a maximum period of time5 years.
2010/03/18
Committee: ENVI
Amendment 220 #
Council position
Article 36 – paragraph 1 – subparagraph 2
Any of the Member States concerned may, in particular, propose in accordance with the first subparagraph to, refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which Article 5(2) or 10(1) applies. Or. en (Amendment to be coherent with amendment 342 from first reading.)
2011/09/13
Committee: ENVI
Amendment 223 #
Council position
Article 36 – paragraph 2 – subparagraph 2 – introductory part
If the Member State concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall without delay inform othe Commission. In that case, the Commission: (Reinstatement of amendment 342 from first reading. Linked to the deletion of the rest of thisr Member States and the Commission of any decision taken in this respect and its justification. Or. en paragraph)
2011/09/13
Committee: ENVI
Amendment 224 #
Council position
Article 36 – paragraph 2 – subparagraph 2 – point a
(a) may ask the Agency for an opinion on scientific or technical questions raised by the applicant or the Member State concerned; deleted Or. en (Reinstatement of amendment 342 from first reading.)
2011/09/13
Committee: ENVI
Amendment 226 #
Council position
Article 36 – paragraph 2 – subparagraph 2 – point b
(b) shall adopt a decision on the derogation in accordance with the examination procedure referred to in Article 81(3). deleted Or. en (Reinstatement of amendment 342 from first reading)
2011/09/13
Committee: ENVI
Amendment 228 #
Council position
Article 36 – paragraph 2 – subparagraph 3
The Commission's decision shall be addressed to the Member State concerned and the Commission shall inform the applicant thereof. deleted Or. en (Reinstatement of amendment 342 from first reading)
2011/09/13
Committee: ENVI
Amendment 235 #
Council position
Article 41 – paragraph 1 – introductory part
1. Applicants may apply for Union authorisation for biocidal products which have similar conditions of use across the Union and which fall within the following categories of biocidal products: (Partial reinstatement of amendment of am 359 from first reading , except any product that contains active substances that fall under Article 5 or 10: Or. en view to find a modified way with acompromise with Council.)
2011/09/14
Committee: ENVI
Amendment 235 #
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint i
i) it is necessary and sufficiently effective;
2010/04/08
Committee: ENVI
Amendment 236 #
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint ii
ii) it has no unacceptablereal or potential effects on the target organisms, in particular unacceptable resistance or cross-resistance or unnecessary suffering and pain for vertebrates;
2010/04/08
Committee: ENVI
Amendment 238 #
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iii
iii) it has no unacceptablreal or potential adverse effects itself or as a result of its metabolites and residues, directly or indirectly, on humanthe health of humans, particularly of vulnerable groups, or animal health;
2010/04/08
Committee: ENVI
Amendment 239 #
Council position
Article 41 – paragraph 2 a (new)
2 a. No later than 13 December 2013, the Commission shall adopt delegated acts in accordance with Article 82 a definition of "similar conditions of use across the Union".
2011/09/14
Committee: ENVI
Amendment 240 #
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iv – introductory part
iv) it has no unacceptablreal or potential adverse effects itself, or as a result of its residues, on the environment having particular regard to the following considerations:
2010/04/08
Committee: ENVI
Amendment 241 #
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iv – indent 1
- its fate and distribution in the environment including long-distance distribution;
2010/04/08
Committee: ENVI
Amendment 244 #
Proposal for a regulation
Article 16 – paragraph 2 – point a
a) all normal conditions or other realistic scenarios like accidents under which the biocidal product may be used;
2010/04/08
Committee: ENVI
Amendment 245 #
Council position
Article 43 – paragraph 4 – subparagraph 2
The Commission may, at the request of a Member State,A Member State shall inform the Commission if it decides to adjust certain conditions of a Union authorisation specifically for the territory of that Member State or decides that a Union authorisation shall not apply in the territory of that Member State, provided that such a requestdecision can be justified on one or more of the grounds referred to in Article 36(1). Or. en (Reinstatement of amendment 158 from first reading.)
2011/09/14
Committee: ENVI
Amendment 245 #
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
ca) cumulative or synergistic effects.
2010/04/08
Committee: ENVI
Amendment 247 #
Proposal for a regulation
Article 16 – paragraph 5 – point b a (new)
ba) considered to have endocrine disrupting properties.
2010/04/08
Committee: ENVI
Amendment 259 #
Council position
Article 57 – paragraph 3 – introductory part
3. Where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates, is intended or expected under normal or reasonably foreseeable conditions of use, or where the active substance contained in the biocidal product with which a treated article was treated, or which it incorporates, is classified or meets the criteria for classification in accordance with Regulation (EC) No 1272/2008, or meets the criteria of Article 5(1)(d) or (e), the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information: Or. en (Attempt to find a compromise between Council and Parliament.)
2011/09/14
Committee: ENVI
Amendment 259 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi a (new)
via) explosive;
2010/04/08
Committee: ENVI
Amendment 260 #
Council position
Article 57 – paragraph 3 – point c a (new)
(c a) the name of all nanomaterials being followed by the word "nano" in brackets; Or. en (Partial reinstatement of amendment 62 from first reading.)
2011/09/14
Committee: ENVI
Amendment 261 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point c – subpoint vi b (new)
vib)corrosive;
2010/04/08
Committee: ENVI
Amendment 262 #
Council position
Article 57 – paragraph 4
4. Where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates, is not intended or expected under normal or reasonably foreseeable conditions of use, the person responsible for the placing on the market of the treated article shall ensure that the label provides the following information: (a) a statement that the treated article was treated with biocidal products; and (b) the address of a website containing the name of all active substances used for the treatment, without prejudice to Article 24 of Regulation (EC) No 1272/2008. The label of such a treated article shall not lay claim to any biocidal property. deleted Or. en (Linked to the amendment by the same authors to Art. 57(3))
2011/09/14
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi c(new)
vic) very toxic or toxic.
2010/04/08
Committee: ENVI
Amendment 279 #
Council position
Article 64 – paragraph 4 a (new)
4 a. At the latest two years after the entry into force of this Regulation, the Commission shall submit to the European Parliament and Council a report on the assessment of the risks to human health and the environment presented by the use of nanomaterials in biocidal products and on specific measures to be taken with regard to them. Or. en (Reinstatement of amendment 203 from first reading.)
2011/09/14
Committee: ENVI
Amendment 298 #
Council position
Article 68 – paragraph 2 – subparagraph 1 – point aa (new)
(aa) whether the product contains nanomaterials and any specific related risks, and, following each reference to nanomaterials, the word "nano" in brackets; Or. en (Reinstatement of amendment 213 from first reading.)
2011/09/14
Committee: ENVI
Amendment 304 #
Proposal for a regulation
Article 21 – paragraph 4
4. By way of derogation from paragraph 1, a biocidal product containing an active substance that is a candidate for substitution shall be authorised without comparative assessment in cases where it is necessary to acquire experience first through using that product in practice.deleted
2010/04/08
Committee: ENVI
Amendment 312 #
Council position
Article 89 – paragraph 2 – subparagraph 1
Dossiers submitted for the purposes of Directive 98/8/EC for which the evaluation has not been completed by …* shall continue to be evaluated by the competent authorities in accordance with the provisions of Directive 98/8/EC and, where relevant, Regulation (EC) No 1451/2007.deleted (Amendment to achieve coherence with the wording in Art. 88(1) third subparagraph.)
2011/09/14
Committee: ENVI
Amendment 318 #
Council position
Annex II – point 5
5. Tests submitted for the purpose of authorisation shall be conducted according to the methods described in Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)66 . Methods listed in Annex I do not cover nanomaterials, except where specifically mentioned. However, if a method is inappropriate or not described, other methods shall be used which are, whenever possible, internationally recognised and must be justified in the application. scientifically satisfactory and the validity of which must be justified in the application. Or. en (Reinstatement of amendment 346 from first reading)
2011/09/14
Committee: ENVI
Amendment 322 #
Council position
Annex II – Title 1 – 8.9. Repeated dose toxicity – Column 1 – point(iii)
8.9 Repeated dose toxicity (iii) dermal toxicity is recognised for structurally related substances and for example is observed at lower doses than in the oral toxicity test orand dermal absorption is comparable or higher than oral absorption
2011/09/14
Committee: ENVI
Amendment 328 #
Council position
Annex II – Title 1 – 8.13 – Column 1 – paragraph 1a(new)
Other available data Available data from emerging methods and models, including toxicity pathway- based risk assessment, in vitro and ‘omic (genomic, proteomic, metabolomic, etc.) studies, systems biology, computational toxicology, bioinformatics, and high- throughput screening shall be submitted in parallel.
2011/09/14
Committee: ENVI
Amendment 337 #
Council position
Annex III – point 5
5. Tests submitted for the purpose of authorisation shall be conducted according to the methods described in Regulation (EC) No 440/2008. Methods listed in Annex I do not cover nanomaterials, except where specifically mentioned. However, if a method is inappropriate or not described, other methods shall be used which are, whenever possible, internationally recognised and scientifically appropriate and must be justified in the application. scientifically satisfactory and the validity of which must be justified in the application Or. en (Reinstatement of amendment 293 from first reading.)
2011/09/14
Committee: ENVI
Amendment 342 #
9.2. Further Ecotoxicological studies Further studies chosen from among the endpoints referred to in Annex II, Section 9 for relevant components of the biocidal product or the biocidal product itself may be required if the data on the active substance cannot give sufficient information and if there are indications of risk due to specific properties of the biocidal product. Vertebrate animal testing should be restricted to acute studies.
2011/09/14
Committee: ENVI
Amendment 554 #
Proposal for a regulation
Annex IV – title
GENERAL RULES FOR THE ADAPTATION OF THE DATA REQUIREMENTSdeleted
2010/04/08
Committee: ENVI
Amendment 555 #
Proposal for a regulation
Annex IV – introductory paragraph
The applicant may propose to adapt the data requirements set out in Annexes II and III according to the general rules set out in this Annex. The reasons for such adaptations to the data requirements must be clearly stated under the appropriate heading of the dossier referring to the specific rule(s) of this Annex.deleted
2010/04/08
Committee: ENVI
Amendment 557 #
Proposal for a regulation
Annex IV – point 1.4 – paragraph 2 – point 2
(2) results are adequate for the purpose of classification and labelling and/or risk assessment; and
2010/04/08
Committee: ENVI
Amendment 560 #
Proposal for a regulation
Annex IV – point 1.5 – paragraph 3 – indent 1
– be adequate for the purpose of classification and labelling and/or risk assessment,
2010/04/08
Committee: ENVI
Amendment 561 #
Proposal for a regulation
Annex IV – point 2
2. TESTING IS TECHNICALLY NOT POSSIBLE Testing for a specific endpoint may be omitted, if it is technically not possible to conduct the study as a consequence of the properties of the substance: e.g. very volatile, highly reactive or unstable substances cannot be used, mixing of the substance with water may cause danger of fire or explosion or the radio-labelling of the substance required in certain studies may not be possible. The guidance given in the relevant test methods, more specifically on the technical limitations of a specific method, shall always be respected.deleted
2010/04/08
Committee: ENVI
Amendment 562 #
Proposal for a regulation
Annex IV – point 3
3. PRODUCT-TAILORED EXPOSURE- DRIVEN TESTING 3.1. Testing in accordance with sections 6 and 7 of Annexes II and III may be omitted based on exposure considerations. 3.2. In all cases, adequate justification and documentation shall be provided. The justification shall be based on an exposure assessment in accordance with the Technical Notes for Guidance.deleted
2010/04/08
Committee: ENVI
Amendment 569 #
Proposal for a regulation
Annex VI – introduction – point 4
4. Additional risk assessments shall be carried out, in the same manner as described above, on any other substance of concern present in the biocidal product where relevant for the use of the biocidal product.deleted
2010/04/08
Committee: ENVI
Amendment 571 #
Proposal for a regulation
Annex VI – evaluation – point 14
14. A risk assessment on the active substance present in the biocidal product shall always be carried out. If there are, in addition, any substances of concern present in the biocidal product then a risk assessment shall be carried oull available data shall be included in the dossier for authorisation of a biocidal product for each of these. The risk assessmentdata shall cover the proposed normal use of the biocidal product together with a realistic worst-case scenario including any relevant production and disposal issue either of the biocidal product itself or any material treated with it.
2010/04/08
Committee: ENVI
Amendment 575 #
Proposal for a regulation
Annex VI – evaluation – point 47
47. Data shall be submitted to and evaluated by the competent authorities to assess whether the biocidal product does not cause unnecessary suffering and pain in its effect on target vertebrates. This shall include an evaluation of the mechanism by which the effect is obtained and the observed effects on the behaviour and health of the target vertebrates; where the intended effect is to kill the target vertebrate the time necessary to obtain the death of the target vertebrate and the conditions under which death occurs shall be evaluated. These findings shall for each authorised biocidal product be made publicly available on the Agency website.
2010/04/08
Committee: ENVI
Amendment 578 #
Proposal for a regulation
Annex VI – decision making – point 77 – introductory part
77. The competent authorities or the Commission shall not authorise a biocidal product if the foreseeable concentration of the active substance or a substance of concern or of relevant metabolites, breakdown or reaction products to be expected in groundwater or surface water or its sediments after use of the biocidal product under the proposed conditions of use:
2010/04/08
Committee: ENVI
Amendment 579 #
Proposal for a regulation
Annex VI – decision making – point 77 – indent 2 a (new)
– – risk a non-achievement of the objectives or standards fixed by: – Directive 98/83/EC, or –Directive 2000/60/EC or –Directive 2006/118/EC or –Directives 2008/56/EC, or –Directive 2008/105/EC, or - international agreements containing important obligations on the protection of marine waters from pollution or
2010/04/08
Committee: ENVI
Amendment 580 #
Proposal for a regulation
Annex VI – decision making – point 77 – last part
unless it is scientifically demonstrated that under relevant field conditions this concentration is not exceeded.deleted
2010/04/08
Committee: ENVI