L 201/46 Official Journal of the European Union 30.7.2008 DIRECTIVES COMMISSION DIRECTIVE 2008/81/EC of 29 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include difenacoum as an active substance in Annex I thereto (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market ('), and in particular the second subparagraph of Article 16(2) thereof, Whereas: 1 Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, TA or IB to Directive 98/8/EC. That list includes difenacoum. Pursuant to Regulation (EC) No 1451/2007, difenacoum has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, ro- denticides, as defined in Annex V to Directive 98/8/EC. Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 21 March 2006 in accordance with Article 14(4) and (6) of Regu- lation (EC) No 1451/2007. The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 29 November 2007, in an assessment report. (") OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (O] L 81, 20.3.2008, p. 57). () O] L 325, 11.12.2007, p. 3. () The review of difenacoum did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks. It appears from the examinations made that biocidal products used as rodenticides and containing difenacoum may be expected not to present a risk to humans except for accidental incidents with children. Regarding non- target animals and the environment a risk has been iden- tified. However, the target rodents are vermin and thus constitute a danger to public health. Moreover, it has not yet been established that adequate alternatives to difenacoum exist, which are both equally effective and less damaging to the environment. It is therefore justified to include difenacoum in Annex I for a limited period, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing difenacoum can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 988 [EC. In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing difenacoum and used as ro- denticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long-term effects of the substance on the environment. Because of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccu- mulate and toxic, or very persistent and very liable to bioaccumulate difenacoum should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed. It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance difenacoum and also to facilitate the proper operation of the biocidal products market in general.