(fra kommisjonsforordningen)

(1) On 27 November 2023, the European Chemicals Agency (‘the Agency’) received an application to amend the restriction concerning the use for the active substance carbon dioxide, listed in Annex I, Category 6, to Regulation (EU) No 528/2012, submitted in accordance with Article 3(1) of Commission Implementing Regulation (EU) No 88/20142 . The application was evaluated by the competent authority of the Netherlands (‘the evaluating competent authority’). 

(2) The evaluating competent authority submitted its assessment report together with its conclusions to the Agency on 23 December 2024. 

(3) In accordance with Article 75(1), second subparagraph, point (c), of Regulation (EU) No 528/2012, the Biocidal Products Committee prepares the opinion of the Agency regarding the applications for review of active substances included in Annex I to that Regulation. In accordance with Article 4(4) of Regulation (EU) No 88/2014 read in conjunction with Article 75(1) and (4) of Regulation (EU) No 528/2012, the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority, adopted the opinion of the Agency on 10 September 2025. 

(4) In its opinion, the Agency considered that the proposed new restriction would ensure that the limit values for safe use are adequately taken into account at the stage of product authorisation of biocidal products containing carbon dioxide for any product type. The Agency concluded that the current restriction concerning the use for carbon dioxide, listed in Annex I, Category 6, to Regulation (EU) No 528/2012 [‘Only for use in ready-for-use gas canisters functioning together with a trapping device’] should be removed and replaced by the restriction that the exposure of professional users to carbon dioxide remains below the relevant acceptable exposure concentration, and that the exposure of general public users or by-standers to carbon dioxide remains below 0.1% volume/volume carbon dioxide, with necessary protection measures taken where appropriate. 

(5) Taking into account the opinion of the Agency, the Commission considers that it is appropriate to amend the relevant restriction of the use for the active substance carbon dioxide, listed in Annex I, Category 6, to Regulation (EU) No 528/2012. The newly formulated restriction would allow broader authorisation of biocidal products containing carbon dioxide while limit values for safe use are adequately taken into account at the stage of product authorisation, ensuring thus safe use. 

(6) Regulation (EU) No 528/2012 should therefore be amended accordingly,