Commission Directive 2001/90/EC of 26 October 2001 adapting to technical progress for the seventh time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (creosote) (Text with EEA relevance)
Date: 2001-10-26
Institutions: European Commission
Subjects: approximation of laws, consumer protection, dangerous substance, labelling, marketing standard, packaging

27.10.2001

EN

Official Journal of the European Communities

L 283/41

COMMISSION DIRECTIVE 2001/90/EC

of 26 October 2001

adapting to technical progress for the seventh time Annex I to Council Directive 76/769/EEC on
the approximation of the laws, regulations and administrative provisions of the Member States
relating to restrictions on the marketing and use of certain dangerous substances and preparations
(creosote)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 76/769/EEC of 27 July
the laws, regulations and
1976 on the approximation of
administrative provisions of
the Member States relating to
restrictions on the marketing and use of certain dangerous
substances and preparations (1), as last amended by Directive
2001/41/EC of the European Parliament and of the Council (2),
and in particular Article 2a thereof,
introduced by Council
Directive 89/678/EEC (3),

Whereas:

(1)

(2)

(3)

Directive 94/60/EC of the European Parliament and of
the Council of 20 December 1994 amending for the
14th time Directive 76/769/EEC on the approximation
of the laws, regulations and administrative provisions of
the Member States
relating to restrictions on the
marketing and use of certain dangerous substances and
certain restrictions on the
preparations (4) places
marketing and use of creosote.

A recent study (5) has concluded that creosote has a
than previously
greater potential
thought.

to cause

cancer

The study was referred to the Scientific Committee on
Toxicity, Ecotoxicity and the Environment (CSTEE) for
peer review (6) and the CSTEE concluded that the study
was well designed and that there is scientific evidence to
support
the opinion and there is a cancer risk to
consumers from creosote with a benzo-a-pyrene (BaP)
content of less than 0,005 % by mass and/or from wood
containing such creosote, and that the magnitude of the
risk gives clear reasons for concern.

(1) OJ L 262, 27.9.1976, p. 24.
(2) OJ L 194, 18.7.2001, p. 36.
(3) OJ L 398, 30.12.1989, p. 24.
(4) OJ L 365, 31.12.1994, p. 1.
(5) Dermal carcinogenicity study of two coal tar products by chronic
epicutateous application in male CD-1 mice (78 weeks), final report
made by the Fraunhofer Institute of Toxicity and Aerosol Research
(Hanover, Germany).

(6) Opinion on cancer risk to consumers from creosote containing less
than 50 ppm benzo-[a]-pyrene and/or from wood treated with such
creosote and estimation of respective magnitude, expressed at the
eighth CSTEE plenary meeting. Brussels, 4 March 1999.
Internet: http://europa.eu.int/comm/food/fs/sc/sct/out29-en.html

(5)

(6)

An analysis of the advantages and drawbacks of further
restrictions on the marketing and use of creosote (7) has
concluded among other things,
the majority of
industrial use creosote within the Community already
contains less than 0,005 % BaP by mass and has indi-
cated that the health risks from such creosote and/or
wood containing such creosote are likely to be low in
industrial applications.

that

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 (8) will harmonise the
authorisation of biocides at a European level and
Commission Regulation (EC) No 1896/2000 of 7
September 2000 on the first phase of the programme
referred to in Article 16(2) of Directive 98/8/EC of the
European Parliament and of the Council on biocidal
products (9) requires wood preservatives to be evaluated
as a priority in the review programme established under
Directive 98/8/EC. Pending harmonisation of rules under
Directive 98/8/EC the restrictions on creosote need to be
adapted to technical progress.

This Directive is without prejudice to Council Directive
89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the safety and
health of workers at work (10) laying down minimum
requirements for the protection of workers and its indi-
vidual Directives within the meaning of Article 16(1) of
that Directive,
in particular Council Directive 90/
394/EEC of 28 June 1990 on the protection of workers
from the risks related to exposure to carcinogens at
work (11) and Council Directive 98/24/EC of 7 April
1998 on the protection of the health and safety of
workers from the risks related to chemical agents at
work (12).

(7)

The measures provided for in this Directive are in
accordance with the opinion of the Committee for the
adaptation to technical progress of directives on the
removal of
technical barriers to trade in dangerous
substances and preparations,

(7) Analysis on the advantages and drawbacks of restrictions on the
marketing and use of creosote, Risk and Policy Analysts Limited,
(Norfolk, United Kingdom).
(8) OJ L 123, 24.4.1998, p. 1.
(9) OJ L 228, 8.9.2000, p. 6.
(10) OJ L 183, 29.6.1989, p. 1.
(11) OJ L 196, 26.7.1990, p. 1.
(12) OJ L 131, 5.5.1998, p. 11.

L 283/42

EN

Official Journal of the European Communities

27.10.2001

HAS ADOPTED THIS DIRECTIVE:

Article 1

Member States shall determine how such reference is to be
made.

Article 3

Annex I to Directive 76/769/EEC is hereby adapted to technical
progress at set out in the Annex hereto.

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Article 2

Article 4

1. Member States shall adopt and publish the provisions
necessary to comply with this Directive by 31 December 2002
at the latest. They shall
forthwith inform the Commission
thereof. They shall apply these provisions by at the latest 30
June 2003.

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.

This Directive is addressed to the Member States.

Done at Brussels, 26 October 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission

27.10.2001

EN

Official Journal of the European Communities

L 283/43

Annex I to Directive 76/769/EEC, point 32 is replaced by the following:

ANNEX

‘32. Substances and prepara-
tions containing one or
more of
following
the
substances:

(a) creosote

EINECS No 232-287-5
CAS No 8001-58-9

(b) creosote oil

EINECS No 263-047-8
CAS No 61789-28-4

(c) distillates (coal tar),
naphthalene oils
EINECS No 283-484-8
CAS No 84650-04-4

(d) creosote oil, acenaphthene

fraction
EINECS No 292-605-3
CAS No 90640-84-9

(e) distillates (coal tar), upper
EINECS No 266-026-1
CAS No 65996-91-0

(f) anthracene oil

EINECS No 292-602-7
CAS No 90640-80-5

(g) tar acids, coal, crude

EINECS No 266-019-3
CAS No 65996-85-2

(h) creosote, wood

EINECS No 232-419-1
CAS No 8021-39-4

(i) low temperature

tar oil,

alkaline
EINECS No 310-191-5
CAS No 122384-78-5

1. May not be used in the treatment of wood. Furthermore, wood so treated may

not be placed on the market

2. However by way of derogation:

in industrial

(i) Relating to the substances and preparations: these may be used for wood
installations or by professionals covered by
treatment
Community legislation on the protection of workers for in situ retreatment
only if they contain:
(a) benzo-a-pyrene at a concentration of less than 0,005 % by mass
(b) and water extractable phenols at a concentration of less than 3 % by

mass.

Such substances and preparations for use in wood treatment in industrial
installations or by professionals:

— may be placed on the market only in packaging of a capacity equal to or

greater than 20 litres,

— may not be sold to consumers.

Without prejudice to the application of other Community provisions on the
classification, packaging and labelling of dangerous substances and prepara-
tions, the packaging of such substances and preparations shall be legibly
and indelibly marked “For use in industrial
installations or professional
treatment only”.

(ii) Relating to wood treated in industrial

installations or by professionals
according to (i) which is placed on the market for the first time or retreated
in-situ: this is permitted for professional and industrial use only, e.g. on
in electric power
railways,
for
fencing,
for agricultural purposes (e.g. stakes for tree support) and in
harbours and waterways.

transmission and telecommunications,

(iii) Relating to wood having been treated with substances listed in point 32(a)
to (i) before this Directive applies: the prohibition in point 1 on the placing
on the market shall not apply where this is placed on the second-hand
market for re-use

3. However, treated wood referred to under point 2(ii) and (iii) may not be used:

— inside buildings, whatever their purpose,

— in toys,

— in playgrounds,

— in parks, gardens, and outdoor recreational and leisure facilities where there

is a risk of frequent skin contact,

— in the manufacture of garden furniture such as picnic tables,

— for the manufacture and use and any re-treatment of:

— containers intended for growing purposes,
— packaging that may may come into contact with raw materials, inter-
finished products destined for human and/or animal

mediate or
consumption,

— other materials which may contaminate the products mentioned above.’