Commission Implementing Regulation (EU) 2022/1950 of 14 October 2022 renewing the approval of creosote as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (Text with EEA relevance)

• CELEX: Implementing Regulation (EU) 2022/1950
• Articles: 4

Article 1

The approval of creosote as an active substance for use in biocidal products of product-type 8 is renewed, subject to the specifications and conditions set out in the Annex.

Article 2

Implementing Decision (EU) 2021/1839 is repealed.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance  ( 1 )

Expiry date of approval

Product type

Specific conditions

Creosote

IUPAC Name:

Creosote

EC No: 232-287-5

CAS No: 8001-58-9

100 % (w/w)

Creosote shall contain less than:

—

0,005 % (w/w) of benzo[a]pyrene

—

3 % (w/w) of water extractable phenols

31 October 2029

8

Creosote is considered a candidate for substitution in accordance with Article 10(1), points (a), (d) and (e), of Regulation (EU) No 528/2012.

The authorisations of biocidal products are subject to the following conditions:

(1)

Products may only be authorised for the treatment by vacuum pressure impregnation of wood in industrial installations to make railway sleepers, or utility poles for electricity or telecommunications.

(2)

Pursuant to point 10 of Annex VI to Regulation (EU) No 528/2012, the product assessment shall include an evaluation as to whether the condition set out in Article 5(2), point (c), of Regulation (EU) No 528/2012 is satisfied.

(3)

Products may only be authorised for use in Member States where the condition set out in Article 5(2), point (c), of Regulation (EU) No 528/2012 is satisfied.

(4)

Products may be placed on the market only in packaging of a capacity equal to or greater than 200 litres, and shall not be made available on the market to the general public.

(5)

The assessment of applications for product authorisation shall pay particular attention to:

(a)

professional users;

(b)

secondary exposure of the general public;

(c)

the soil and aquatic compartments;

(d)

the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

(6)

Labels and, where provided, safety data sheets of products authorised, shall indicate that industrial application shall be conducted within a contained area or on impermeable hard standing with bunding; that freshly treated timber shall be stored after treatment under shelter or on impermeable hard standing, or both, to prevent direct losses to soil, sewer or water; and that any losses from the application of the product shall be collected for reuse or disposal.

The placing on the market of treated articles is subject to the following conditions:

(1)

By 31 January 2023, the Agency shall make publicly available on its website, based on the requests made by Member States:

(a)

a list of Member States where railway sleepers treated with creosote may be placed on the market;

(b)

a list of Member States where utility poles for electricity and telecommunications treated with creosote may be placed on the market.

(2)

As from 30 April 2023, only railway sleepers, or utility poles for electricity or telecommunications treated with creosote may be placed on the market in Member States included in the respective list referred to in this paragraph, point (1). A Member State may ask the Agency to be removed from the respective list at any time. When the Agency removes a Member State from either of the lists, the date of removal shall be indicated, and treated articles for the concerned use shall no longer be placed on the market of that Member State 180 days after the date of removal.

(3)

The person responsible for the placing on the market of a treated article shall ensure that the label of that treated article provides the information listed in Article 58(3), second subparagraph, of Regulation (EU) No 528/2012.

(4)

The person responsible for the placing on the market of a treated article shall ensure that the label of that treated article includes the statement: ‘During storage, treated wood shall not be accessible to the general public. Measures shall be taken to prevent unauthorised access. Treated wood must be stored on impermeable hard standing or on absorptive material to prevent runoff to the environment, and under shelter or covered with a tarpaulin. Any spill or contaminated material must be collected on such sites and disposed as hazardous waste.’.

(5)

As from 30 April 2023, the person responsible for the placing on the market of a treated article shall ensure that the label of that treated article includes the statement: ‘Only allowed for use as a railway sleeper’ or ‘Only allowed for use as utility pole for electricity lines or for telecommunication lines’, as appropriate.

(6)

As from 30 April 2023, the person responsible for the placing on the market of a treated article shall ensure that the label of that treated article includes the statement: ‘The placing on the market is restricted to certain Member States of the European Union: verify on the website of the European Chemicals Agency where the placing on the market is allowed.’.

( 1 )   The purity indicated in this column was the minimum degree of purity of the active substance evaluated. The active substance in the product placed on the market can be of equal or different purity if it has been proven to be technically equivalent to the evaluated active substance.