31.10.2014 Official Journal of the European Union L 31175 COMMISSION IMPLEMENTING DECISION of 29 October 2014 rejecting the refusal of the authorisation of a biocidal product notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council (notified under document C(2014) 7915) (Text with EEA relevance) (2014/758[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (!), and in particular Article 36(3) thereof, Whereas: (1)  Annex I to Directive 98/8/EC of the European Parliament and of the Council (3 contained the list of active substances approved at Union level for inclusion in biocidal products. Commission Directives 2008/78/EC (%), 2008/79/EC (*) and 2008/86/EC () added the active substances propiconazole, IPBC and tebuconazole, respect- ively, for use in products belonging to product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC. By virtue of Article 86 of Regulation (EU) No 5282012, these substances are therefore approved active substances included in the list referred to in Article 9(2) of that Regulation. (2)  In accordance with Article 8 of Directive 98/8/EC, the company Arch Timber Protection Ltd submitted on 2 April 2010 an application to The United Kingdom for authorisation of a wood preservative biocidal product containing propiconazole, IPBC and tebuconazole (‘the contested product’). The United Kingdom authorised the contested product on 7 June 2012 for industrial use and temporary protection of freshly sawn/felled wood and unseasoned timber only, also indicating that wood treated with this product can be used for Use Classes 2 and 3 as described in the Technical Notes for Guidance on Product Evaluation (%). The product consists of two packs to be mixed and diluted at industrial premises depending on site-specific application conditions by dipping or enclosed deluge. Ten Member States have subsequently authorised the contested product through mutual recogni- tion. (3)  Arch Timber Protection Ltd (the applicant) submitted on 16 July 2012 a complete application to Germany for mutual recognition of the authorisation of the contested product granted by the United Kingdom. (4)  Germany notified the Commission, the other Member States and the applicant on 19 August 2013 of its proposal to refuse the authorisation in accordance with Article 4(4) of Directive 98/8/EC. Germany considered that the contested product does not meet the requirements of Article 5(1) of Directive 98/8/EC with regard to the envir- onment. (5)  According to Germany, the authorisation did not reflect well that the product was intended for temporary wood protection and the product was not appropriately assessed by the United Kingdom in terms of environmental risks. The assessment performed by Germany concluded in an unacceptable risk for the environment at day 30 following the application of the product (time 1°), which also raised concerns regarding the potential use of wood treated with the contested product under Use Classes 2 and 3 conditions. () OJL167,27.6.2012,p. 1. () 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 (O] L 123, 24.4.1998,p. 1). (®) Commission Directive 2008/78/EC of 25 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include propiconazole as an active substance in Annex I thereto (O] L 198, 26.7.2008, p. 44). (*) Commission Directive 2008/79/EC of 28 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include IPBC as an active substance in Annex I thereto (O] L 200, 29.7.2008, p. 12). () Commission Directive 2008/86/EC of 5 September 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include tebuconazole as an active substance in Annex I thereto (O] L 239, 6.9.2008, p. 9). () Available on the website http://echa.europa.eu/documents/10162/16960215/bpd_guid_tnsg-product-evaluation_en.pdf