(1)

Indoxacarb was included in Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) as an active substance for use in biocidal products of product-type 18. Pursuant to Article 86 of Regulation (EU) No 528/2012, it was therefore considered approved under that Regulation subject to the conditions set out in Annex I to Directive 98/8/EC.

(2)

On 28 June 2018, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of indoxacarb for use in biocidal products of product-type 18 (‘the application’).

(3)

On 12 November 2018, the evaluating competent authority of France informed the Commission that it had decided, pursuant to Article 14(1) of Regulation (EU) No 528/2012, that a full evaluation of the application was necessary. Pursuant to Article 8(1) of that Regulation, the evaluating competent authority is to perform a full evaluation of the application within 365 days of its validation.

(4)

The evaluating competent authority may, as appropriate, require the applicant to provide sufficient data to carry out the evaluation, in accordance with Article 8(2) of Regulation (EU) No 528/2012. In that event, the 365-day period is suspended for a period that may not exceed 180 days in total unless a longer suspension is justified by the nature of the data requested or by exceptional circumstances.

(5)

Within 270 days of receipt of a recommendation from the evaluating competent authority, the European Chemicals Agency (‘the Agency’) is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance in accordance with Article 14(3) of Regulation (EU) No 528/2012.

(6)

Commission Implementing Decision (EU) 2019/1030 (3) postponed the expiry date of the approval of indoxacarb for use in biocidal products of product-type 18 to 30 June 2022, in order to allow sufficient time for the examination of the application.

(7)

Commission Implementing Decision (EU) 2021/1287 (4) postponed again the expiry date of the approval of indoxacarb for use in biocidal products of product-type 18 to 30 June 2024.

(8)

On 19 September 2023, the evaluating competent authority of France informed the Commission that the evaluation is delayed due to the need to assess data on reference specifications and endocrine-disrupting properties. The evaluating competent authority expects to submit the renewal assessment report to the Agency in the second quarter of 2024.

(9)

Consequently, for reasons beyond the control of the applicant, the approval is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to further postpone the expiry date of the approval for a period of time sufficient to finalise the examination of the application. Taking into account the time-limits for evaluation by the evaluating competent authority, for preparation and submission by the Agency of its opinion and the time needed for the Commission to decide whether to renew the approval of indoxacarb for use in biocidal products for product-type 18, the expiry date should be postponed to 31 December 2026.

(10)

After the further postponement of the expiry date of the approval, indoxacarb remains approved for use in biocidal products of product-type 18 subject to the conditions set out in Annex I to Directive 98/8/EC,