L 228/6 Official Journal of the European Communities 8.9.2000 COMMISSION REGULATION (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products (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 Article 16(2) thereof, Whereas: 1) Pursuant to Directive 98/8/EC (hereinafter referred to as ‘the Directive’), a programme of work is to be initiated for the review of all active substances of biocidal prod- ucts already on the market on 14 May 2000 (hereinafter referred to as ‘existing active substances). The first phase of the review programme is intended to enable the Commission to identify existing active substances of biocidal products and specify those which should be evaluated for a possible inclusion in Annex I, Annex IA or Annex IB to the Directive. Given the expected high number of existing active substances which are candidates for such inclusion, information is needed to set priorities for a further phase of the review programme, which is planned to be initiated in 2002. It is necessary to specify the relationship between produ- cers, formulators, Member States and the Commission and the obligation on each of the parties for the imple- mentation of the review programme. In order to establish an exhaustive list of existing active substances, an identification procedure should be laid down by which all producers are to submit information on existing active substances of biocidal products to the Commission. Formulators should also have the oppor- tunity of identifying existing active substances. A notification procedure should be laid down by which producers and formulators have the right to inform the Commission of their interest in securing the possible inclusion of an existing active substance in Annex I, Annex IA or Annex IB to the Directive for one or more specific product types and of their commitment to () O] L 123, 24.4.1998, p. 1. ©) (10) (11) submit all the requisite information for a proper evalu- ation of, and decision on, that active substance. The information submitted with the notification on active substances should be linked to one or more specific product types or subgroups of product types and should be the minimum necessary for priority setting. Member States should have the opportunity of indi- cating an interest in the inclusion in Annex I or Annex IA to the Directive of essential existing active substances that have not been notified by producers or formulators. Member States which have indicated such an interest should carry out all the duties of a notifier. Existing active substances notified in one or more product types should be allowed to remain on the market in accordance with Article 16(1) of the Directive for those notified product types until a date to be set in the decision on inclusion or non-inclusion of the active substance for that product type in Annex I or Annex IA to the Directive. For existing active substances not notified in specific product types, decisions should be adopted, in accord- ance with the procedure laid down in Article 28(3) of the Directive, stating that those substances cannot be included in Annex I or Annex IA to the Directive for those product types under the review programme. A reasonable phase-out period should be allowed for those existing active substances and for biocidal products containing them. For active substances not identified within the time limits laid down in this Regulation, as well as for biocidal products containing them, no further phase-out period should be allowed after the establishment of the list of existing active substances. In view of the time limit for the transitional period of 10 years and the time needed to compile complete dossiers, the identification of the first existing active substances to be evaluated should not be delayed until the general priorities are set. In the interests of successful imple- mentation of the Directive, it is advisable to start the evaluation of existing active substances in product types for which experience is already available.