(fra kommisjonsbeslutningen)

(1)    Magnesium phosphide releasing phosphine was included in Annex I to Directive 98/8/EC of the European Parliament and of the Council  as an active substance for use in biocidal products of product-type 18. Pursuant to Article 86 of Regulation (EU) No 528/2012, it was therefore considered approved until 31 January 2022 under that Regulation subject to the conditions set out in Annex I to Directive 98/8/EC.

(2)    On 28 July 2020, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18 (‘the application’).

(3)    On 1 October 2020, the evaluating competent authority of Germany informed the Commission that it had decided, pursuant to Article 14(1) of Regulation (EU) No 528/2012, that a full evaluation of the application was necessary. Pursuant to Article 8(1) of that Regulation, the evaluating competent authority is to perform a full evaluation of the application within 365 days of its validation.

(4)    The evaluating competent authority may, as appropriate, require the applicant to provide sufficient data to carry out the evaluation, in accordance with Article 8(2) of Regulation (EU) No 528/2012. In that event, the 365-day period is suspended for a period that may not exceed 180 days in total unless a longer suspension is justified by the nature of the data requested or by exceptional circumstances.

(5)    Within 270 days of receipt of a recommendation from the evaluating competent authority, the European Chemicals Agency (‘the Agency’) is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance in accordance with Article 14(3) of Regulation (EU) No 528/2012.

(6)    Commission Implementing Decision (EU) 2021/1285  postponed the expiry date of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18 to 31 July 2024, in order to allow sufficient time for the examination of the application. 

(7)    Commission Implementing Decision (EU) 2024/787  postponed again the expiry date of the approval to 31 January 2026 due to delays in the examination of the application. 

(8)    On 8 April 2025, the evaluating competent authority informed the Commission that it expects to submit the renewal assessment report to the Agency in the third quarter of 2025.

(9)    Consequently, for reasons beyond the control of the applicant, the approval is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to further postpone the expiry date of the approval for a period of time sufficient to finalize the examination of the application. Taking into account the time-limits for evaluation by the evaluating competent authority, for preparation and submission by the Agency of its opinion and the time needed for the Commission to decide whether to renew the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18, the expiry date should be postponed to 31 July 2027.

(10)    After the further postponement of the expiry date of the approval, magnesium phosphide releasing phosphine remains approved for use in biocidal products of product-type 18 subject to the conditions set out in Annex I to Directive 98/8/EC,