BAKGRUNN (fra kommisjonsforordningen)

(1) On 4 April 2022, the European Chemicals Agency (‘the Agency’) received an application for inclusion of nitrogen generated from ambient air as an active substance in Annex I to Regulation (EU) No 528/2012, submitted to it in accordance with Article 3(1) of Commission Implementing Regulation (EU) No 88/2014. The application was evaluated by the competent authority of Germany. (2) The evaluating competent authority submitted the assessment report together with its conclusions to the Agency on 14 October 2022. After the submission of the assessment report, discussions took place in technical meetings organised by the Agency. (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 inclusion in Annex I of active substances. 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 adopted the opinion of the Agency on 1 March 2023 , having regard to the conclusions of the evaluating competent authority. (4) In its opinion, the Agency concluded that nitrogen generated from ambient air does not give rise to concern within the meaning of Article 28(2) of Regulation (EU) No 528/2012, and can thus be included in Annex I to that Regulation, provided that applications for product authorisations shall include evidence that exposure of the user and the general public to a hypoxic atmosphere is avoided and, where appropriate, the necessary measures are taken.
(5) Taking into account the opinion of the Agency, it is appropriate to include nitrogen generated from ambient air in Annex I to Regulation (EU) No 528/2012, subject to compliance with the condition set out by the Agency. As nitrogen is included in Annex IV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council, it should be included in category 2 ‘Substances included in Annex IV to Regulation (EC) No 1907/2006’ of Annex I to Regulation (EU) No 528/2012.
(6) Regulation (EU) No 528/2012 should therefore be amended accordingly,