Date: 2025-11-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2025/2284 of 13 November 2025 postponing the expiry date of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council
Issued by European Commission
· Directorate-General for Health and Food Safety
**Executive Summary**
This is a Commission Implementing Decision (EU) 2025/2284, issued on 13 November 2025. The decision postpones the expiry date of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18, in accordance with Regulation (EU) No 528/2012. The new expiry date is 31 July 2027.
**Key Points / Main Content**
* **Extension of Approval:** The expiry date for the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18 is extended to 31 July 2027.
* **Original Approval and Renewal Application:** Magnesium phosphide was initially approved under Directive 98/8/EC and later considered approved under Regulation (EU) No 528/2012. An application for renewal was submitted on 28 July 2020.
* **Evaluation Process:** The evaluating competent authority (Germany) deemed a full evaluation necessary. The European Chemicals Agency (the Agency) is to prepare and submit an opinion on renewal to the Commission.
* **Previous Postponements:** Previous decisions, (EU) 2021/1285 and (EU) 2024/787, postponed the expiry date to 31 July 2024 and 31 January 2026 respectively, due to delays in the examination of the application.
* **Reasons for Further Postponement:** The evaluating competent authority expects to submit the renewal assessment report to the Agency in the third quarter of 2025. Approval is likely to expire before a decision is made on its renewal, necessitating a further postponement.
* **Conditions of Approval:** Magnesium phosphide remains approved for use in product-type 18 biocidal products, subject to the conditions outlined in Annex I to Directive 98/8/EC.
* **Entry into Force:** This Decision enters into force twenty days following its publication in the Official Journal of the European Union.
**Impact Analysis**
**Manufacturers/Suppliers of Magnesium Phosphide Based Biocidal Products**
**Impact:** Benefits from the continued ability to market and sell magnesium phosphide based biocidal products for an additional period.
**Action Required:** Ensure continued compliance with the conditions set out in Annex I to Directive 98/8/EC.
**European Chemicals Agency (ECHA)**
**Impact:** Responsible for preparing and submitting an opinion on the renewal of the approval of the active substance.
**Action Required:** Prepare and submit an opinion on renewal to the Commission.
**Evaluating Competent Authority (Germany)**
**Impact:** Is in charge of fully evaluating the application
**Action Required:** Submit the renewal assessment report to the Agency as expected.
**European Commission**
**Impact:** To decide whether to renew the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type 18.
**Action Required:** To make a decision on the product type and approval.
Key Entities Referenced
Regulation (EU) No 528/2012: Regulation concerning the making available on the market and use of biocidal products
Magnesium phosphide releasing phosphine: Active substance used in biocidal products of product-type 18, for which the expiry date of approval is being postponed
Directive 98/8/EC: Directive concerning the placing of biocidal products on the market, where magnesium phosphide was initially included
European Chemicals Agency ('the Agency'): Agency responsible for preparing and submitting opinions on the renewal of active substances approvals
Standing Committee on Biocidal Products: Committee consulted on biocidal product matters
Official Journal EN
of the European Union L series
2025/2284 17.11.2025
COMMISSION IMPLEMENTING DECISION(EU) 2025/2284
of 13 November 2025
postponing the expiry date of the approval of magnesium phosphide releasing phosphine for use in
biocidal products of product-type 18 in accordance with Regulation (EU) No 528/2012 of the
European Parliament and of the Council
(Text with EEA relevance)
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(1), and in particular Article 14(5) thereof,
After consulting the Standing Committee on Biocidal Products,
Whereas:
(1) Magnesium phosphide releasing phosphine 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 until 31 January 2022 under that Regulation
subject to the conditions set out in Annex I to Directive 98/8/EC.
(2) On 28 July 2020, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for
the renewal of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-
type 18 (‘the application’).
(3) On 1 October 2020, the evaluating competent authority of Germany 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) 2021/1285(3) postponed the expiry date of the approval of magnesium
phosphide releasing phosphine for use in biocidal products of product-type 18 to 31 July 2024, in order to allow
sufficient time for the examination of the application.
(1) OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj.
(2) 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 (OJ L 123, 24.4.1998, p. 1, ELI: http://data.europa.eu/eli/dir/1998/8/oj).
(3) Commission Implementing Decision (EU) 2021/1285 of 2 August 2021 postponing the expiry date of approval of magnesium
phosphide for use in biocidal products of product-type 18 (OJ L 279, 3.8.2021, p. 37, ELI: http://data.europa.eu/eli/dec_impl/2021/
1285/oj).
ELI: http://data.europa.eu/eli/dec_impl/2025/2284/oj 1/2EN
OJ L, 17.11.2025
(7) Commission Implementing Decision (EU) 2024/787(4) postponed again the expiry date of the approval to
31 January 2026 due to delays in the examination of the application.
(8) On 8 April 2025, the evaluating competent authority informed the Commission that it expects to submit the renewal
assessment report to the Agency in the third quarter of 2025.
(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 finalize 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 magnesium phosphide releasing phosphine for use
in biocidal products of product-type 18, the expiry date should be postponed to 31 July 2027.
(10) After the further postponement of the expiry date of the approval, magnesium phosphide releasing phosphine
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,
HAS ADOPTED THIS DECISION:
Article 1
The expiry date of the approval of magnesium phosphide releasing phosphine for use in biocidal products of product-type
18 set out in Annex I to Directive 98/8/EC is postponed to 31 July 2027.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 13 November 2025.
For the Commission
The President
Ursula VON DER LEYEN
(4) Commission Implementing Decision (EU) 2024/787 of 28 February 2024 postponing the expiry date of the approval of magnesium
phosphide for use in biocidal products of product-type 18 in accordance with Regulation (EU) No 528/2012 of the European
Parliament and of the Council (OJ L, 2024/787, 4.3.2024; ELI: http://data.europa.eu/eli/dec_impl/2024/787/oj).
2/2 ELI: http://data.europa.eu/eli/dec_impl/2025/2284/oj