Report from the Commission to the European Parliament and the Council on the exercise of the delegation conferred on the Commission pursuant 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

The EU legal framework for biocidal products is intended to ensure a high level of protection of both human and animal health and the environment and to improve the functioning of the internal market. The framework works on the principle that biocidal products can be placed on the market only if a marketing authorisation is granted by the competent authorities.

The requirements and procedures for authorising the marketing of biocidal products are laid down principally in Regulation (EU) No 528/2012 ("the BPR"), as amended by Regulation (EU) No 736/2013, Regulation (EU) No 837/2013 and Regulation (EU) No 334/2014. This report meets the obligation set for the Commission by Article 83(2) of the BPR, which requires the Commission to present to the European Parliament and to the Council a report on the exercise of the delegation conferred on the Commission by the BPR. The report shall be drawn up not later than nine months before the end of the five-year period of the delegation, running from 17 July 2012. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

To date the Commission has exercised the delegated powers provided for by the BPR in four occasions. One draft delegated act is currently being discussed by experts. The Commission is of the view that the delegated powers conferred by Article 83(2) should remain in force. The implementation of the BPR is advancing and technical and scientific progress takes place. Therefore the Commission may be required to adopt further delegated acts in the future in order to keep the legal framework up to date.

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