CA-May16-Doc.8.1
64thmeeting of Representatives of Members States Competent Authorities for the implementation of Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products
Subject:Monitoring traps containing attractants
1.- Background and purpose of the document
(1)Estonia requested the views of other Member States (MSs) via Helpex[1]on whether some monitoring traps containing attractants with the claim to attract target organisms for monitoring purposesonly, should be considered as biocidal products falling under the scope of Regulation (EU) 528/2012[2] (the "BPR").
(2)Estonia and the 6 MSs having contributed to Helpex considered that thesemonitoring traps are out of the scope of the BPR, while the Commission expressed different views.
(3)Against this background, Estonia requested the Commission to have a conclusive discussion between MSs and the Commission on whetherthese monitoring traps[3]do fall under the scope of the BPR.
(4)In accordance with the agreed procedure in documentCA-March14-Doc.7.5[4], this note outlines a proposal on this scope issue for discussion with MSs in the CA meeting.
2.- Analysis and proposed way forward
(5)In accordance with the definition provided for in Article 3(1)(a) of the BPR, a substance or a mixture, in the form in which it is supplied to the user, containing one or more active substances, with the intention of deterringpreventing the action of, or otherwise exerting a controlling effect on any harmful organism by any means other than mere physical or mechanical action, would meet the definition of a biocidal product.A treated article that has a primary biocidal function shall also be considered a biocidal product.
Case A: the monitoring trap is supplied with mixture (e.g. trap for insects with vinegar)
(6)Considering that:
(a)The monitoring traps, in the form in which they are supplied to the user, contain an attractant (e.g. foodstuffs or sex pheromone);
(b)This attractant would meet the definition of a substance or a mixture within the meaning of Article 3(2) of the BPR;
(c)This attractant contains one or more active substances within the meaning of Article 3(1)(c) of the BPR;
(d)The attractant is integrated in the monitoring trap with the intention of exerting a controlling effect on the monitored organisms, in order to attract them to the monitoring trap;
(e)And provided that the monitored organism (e.g. cloth moth or flies) meets the definition of a harmful organism within the meaning of Article 3(1)(g) of the BPR,
(7)The Commission services consider that:
(a)Where the monitoring trap is supplied to the user pre-filledwith the attractant, the whole device shall be considered as a biocidal product in accordance with Article 3(1)(a) of the BPR and shall fall within product-type 19.
(b)Where the monitoring trap is supplied with separate refills containing the attractant to be added to the trap by the user, only those refills shall be considered as a PT 19 biocidal product in accordance with Article 3(1)(a) of the BPR. The trap itself should be considered as an application device, as for refillable, bait station-based products.
Case B: the trap is a treated Article (e.g. sticky trips impregnated with pheromones)
(8)Considering that:
(a)The monitoring trap meets the definition of an article within the meaning of Article 3(2)(c) of BPR;
(b)The monitoring trap meets the definition of a treated article within the meaning of Article 3(1)(l) of the BPR, since it has been treated with, or intentionally incorporates, one or more biocidal products containing the attractant active substance(s);
(c)The monitoring trap is used for monitoring purposes, it is important to conclude according to agreed Union guidance[5] whether the treated article has a primary biocidal function;
(d)Since (i) monitored organisms are not harmful to the monitoring trap itself; (ii) the concentration of the attractant active substance in the treated article is expected to be comparable to that in biocidal products; (iii) the mode of action of the attractant active substance in the monitoring trap is identical to that of a biocidal product; (iv) greater prominence and first importance is given in the product's information to the attractant active substance(see examples in the annex) than to the physical or mechanical action of the trap (e.g. the sticky properties), this type of monitoring traps can be considered to have a primary biocidal function;
(e)A treated article that has a primary biocidal function shall be considered a biocidal product;
(9)The Commission services consider that this type of monitoring traps shall be considered as a biocidal product in accordance with Article 3(1)(a) of the BPR and shall fall within product-type 19.
3.- Action requested
(10)The Commission services invite the CA meeting to discuss the way forward outlined in this note.
Annex: examples of label claims provided by Estonia
- Sticky trap with insect sex pheromone to catch stored product moths in homes, food shops and stores. Use recommended todetect the presence of pests. Effective for 6-8 weeks. It contains sex pheromone, product offered for monitoring purposes.
- Non-toxic sticky traps for flies and other flying insects with house fly sex pheromone. Modern version of traditional fly ribbon.
- Cloth moth trap: sticky trap with cloth moth sex pheromone. Odourless, easy to use in cupboards or on shelves. Effective for 6-8 weeks. It contains sex pheromone, product offered for monitoring purposes.
1
[1]Case number 0000012953.
[2]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 (OJ L 167, 27.6.2012, p. 1.).
[3]See in the annex to this document a few examplesof the label claims accompanying some monitoring traps containing an attractant. The whole document submitted by Estoniato the Commission is available to MSs in the confidential folder of Circabc for the 64th CA meeting.
[4]CA-March14-Doc.7.5, available at
[5]Note for guidance on Frequently asked questions on treated articles (Question 11), available at