Commission Directive 2006/139/EC of 20 December 2006 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress   (Text with EEA relevance)

29.12.2006 EN Official Journal of the European Union L 384/94
COMMISSION DIRECTIVE 2006/139/EC
of 20 December 2006
amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Members States relating to the restrictions on the marketing and use of dangerous substances and preparations (1), and in particular Article 2a thereof,
Whereas:
(1) Directive 76/769/EEC permits the use of certain arsenic compounds as biocides for the treatment of wood and lays down rules for the marketing and use of arsenic treated wood.
(2) The marketing and use of biocidal products are also regulated by 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 (2). The effect of Directive 98/8/EC read in conjunction with Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (3), is that from 1 September 2006 the placing on the market and the use of biocidal products containing arsenic and arsenic compounds for wood preservation purposes is not possible unless those substances are authorised in accordance with Article 5(1) of Directive 98/8/EC.
(3) In order to ensure a coherent application of the legislation in question, it is therefore necessary to adapt the rules concerning biocidal products containing arsenic compounds in Directive 76/769/EEC to the rules in Directive 98/8/EC.
(4) The rules concerning wood treated with arsenic compounds in Directive 76/769/EEC do not adequately distinguish between the first placing on the market and the reuse of such wood. It is therefore necessary to clarify those rules and in particular the placing of such wood on the second hand market.
(5) Directive 76/769/EEC should therefore be amended accordingly.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee on the adaptation to technical progress of the Directives for the elimination of technical barriers to trade in dangerous substances and preparations,