31.7.2009 Official Journal of the European Union L 199/15 DIRECTIVES COMMISSION DIRECTIVE 2009/88/EC of 30 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include thiacloprid 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 Article 11(4) thereof, Whereas: The United Kingdom (UK) has received on 20 February 2006 an application from Lanxess Deutschland GmbH, in accordance with Article 11(1) of Directive 98/8/EC, for the inclusion of the active substance thiacloprid in its Annex I or IA for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC. thiacloprid was not on the market on the date referred to in Article 34(1) of Directive 98/8/EC as an active substance of a biocidal product. After carrying out an evaluation, the UK submitted a competent authority report, together with a recommen- dation, to the Commission on 3 July 2007. The competent authority report was reviewed by the Member States and the Commission within the Standing Committee on Biocidal Products on 28 May 2008, and the findings of the review were incorporated in an assessment report. () OJ L 123, 24.4.1998, p. 1. S It appears from the examinations made that biocidal products used as wood preservatives and containing thia- cloprid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include thiacloprid in Annex L However, unacceptable risks were identified for the in situ treatment of wooden structures near water, where direct losses to the aquatic compartment cannot be prevented. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unac- ceptable risks to the environment. Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appro- priate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels. In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing thiacloprid and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products intended for industrial and/or professional use should be used with appropriate protective equipment if the risk identified for industrial and/or professional users cannot be reduced by other means.