16.2.2008 Official Journal of the European Union L 42[45 COMMISSION DIRECTIVE 2008/15/EC of 15 February 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include clothianidin 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 2032/2003 of 4 November 2003 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 and amending Regulation (EC) No 1896/2000 (%) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes clothianidin. (2)  Pursuant to Regulation (EC) No 2032/2003, clothianidin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8[EC. (3)  Germany was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 December 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003. (4)  The competent authority report was reviewed by the Member States and the Commission. In accordance () O] L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2007/70/EC (O] L 312, 30.11.2007, p. 26). (®» OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regu- lation (EC) No 1849/2006 (O] L 355, 15.12.2006, p. 63). with Article 11(4) of Regulation (EC) No 20322003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment repott. The review of clothianidin 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 wood preservatives and containing clothianidin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. However, unacceptable risks were identified for uses of treated wood outdoors but not in ground or water contact. It is therefore appropriate to include clothianidin in Annex [ to Directive 98/8/EC, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing clothianidin can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. Authorisations for products to be used for the treatment of wood that will be used outdoors will require the submission of data in order to demonstrate that the products can be used without unac- ceptable risks to the environment. 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 clothianidin and used as wood preservatives to ensure that risks be reduced to an acceptable level in accordance with Article 5 and Annex VI of Directive 98/8/EC. Special attention should be paid to measures aimed at protecting the soil, surface water and groundwater compartments since unacceptable risks in these compartments have been identified during the evaluation of the submitted dossier from certain uses. 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.