WRITTEN QUESTION E-0112/03

by Torben Lund (PSE) to the Commission

(28 January 2003)

Subject: Maintaining the ban on arsenic

It appears from the Danish press on 13 January 2003 that the Commission has just adopted new rules on timber treatment, and that this will involve a weakening of the Danish ban on arsenic.

Arsenic is used in the treatment of timber used in the construction of bridges, houses, special fences and electricity and telegraph poles. The problem is, however, that this is a substance which is harmful to both the natural and working environments, which is the reason for the restrictive Danish rules.

Can the Commission give an account of the scientific background to the new rules, particularly in the context of arsenic, and list the possible substitutes for arsenic which are less harmful to the natural and working environment? What will the rules imply for the Danish rules and the possibility of upholding the ban? And what harm to the natural and working environment does the Commission expect that authorising the use of arsenic will cause in Denmark and in the EU as a whole?

Answer given by Mr Liikanen on behalf of the Commission

(5 March 2003)

A risk assessment carried out for the Commission on the use of arsenic in wood treatment identified a number of risks considered unacceptable including to children's health from the use of arsenic-treated wood in playground equipment and to human health from the disposal of arsenic-treated wood. The disposal risk relates mainly to household burning of waste wood treated with arsenic. An unacceptable risk of effects on aquatic organisms in certain marine waters was also identified. The Scientific Committee for Toxicity, Ecotoxicity and the Environment (CSTEE) evaluated this risk assessment and concluded that the main risks had been correctly identified(1). The CSTEE further advised, in the light of a serious knowledge gap in relation to arsenic-treated wood in landfills, to exercise caution by limiting the use of arsenic-based wood preservatives to those situations where it is absolutely necessary.

As a result of this risk assessment, Commission Directive 2003/2/EC of 6 January 2003 relating to restrictions on the marketing and use of arsenic(2) bans the use of wood treated with arsenic in consumer applications (eg in fencing and decking). As regards professional and industrial uses, the directive allows the use of a certain type of preparation containing arsenic only for treating wood for specific applications provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely, and that the waste is treated as hazardous waste by an authorised undertaking.

As regards alternatives, a web-based public consultation on the draft new Directive, conducted in line with the Commission's Better lawmaking strategy, drew over 150 replies. Some of those replying believe there are a number of alternatives on the market including several based on copper, boron, and an organic active substance for many applications. However, there are not yet suitable alternatives for all uses, such as wood used in permanent contact with water. As a result, the Directive allows certain uses of arsenic treated wood.

The Commission is of the view that this Directive will bring significant benefits to the protection of consumer health and to the environment in general within the Union. The Commission is also of the view that the Directive can be considered proportionate as it allows certain uses mentioned above where the risks can be properly managed. It should be noted that, as from 2004, the remaining uses of arsenic based wood preservatives will be evaluated in the framework of Directive 98/8/EC(3), which may lead to further restrictions.

Article 2 of Directive 2003/2 requires Member States to adopt and publish the provisions necessary to comply with the Directive by 30 June 2003 and to apply these provisions by 30 June 2004 at the latest. The Commission is aware of the fact that there is a general ban in place on the import, sale and use of arsenic treated wood in Denmark(4). Should Denmark wish to maintain these stricter national provisions, it must notify them to the Commission in accordance with Article 95(4) of the EC Treaty. The Commission will then assess whether these provisions fulfil the criteria set out in Articles 95 (4) and (6) of the EC Treaty.

(1) Further information on this can be found at: http://europa.eu.int/comm/food/fs/sc/sct/out18_en.html.

(2) OJ L 4, 9.1.2003.

(3) Directive 98/8/EC of the Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market OJ L 123, 24.4.1998.

(4) Notification 96/0242/Dk.