Confusion has surrounded the implementation of the EC’s long-awaited ban on the DIY use of creosote, with many timber firms uncertain whether the sale of creosote-treated wood such as old railway sleepers will still be legal.

The ban, due to take effect on June 30, lists applications where creosote-treated wood products cannot be supplied, including in parks, gardens and recreation areas “where there is a risk of frequent skin contact”.

But the wording has left it open to interpretation, with some companies still intending to sell sleepers and others removing the product from their stocks.

Ron Edge, commercial manager at BSG Builders Merchants Ltd, thought many merchants were unsure about the scope of the ban.

Mr Edge said: “We’ve got rid of the old sleepers and got new oak ones. They have not got the character but at least they will be legal.”

In contrast, the Nottingham Sleeper Company, which sells about 2,000 old railway sleepers a week, believes the regulations allow it to continue selling the items.

The DTI told TTJ that supplying sleepers for landscaping purposes falls foul of the regulations, conflicting with the British Wood Preserving and Damp-proofing Association’s (BWPDA) own guidance.

BWPDA Dr Chris Coggins said the key issue was “risk of frequent skin contact”. He argued that use of sleepers for garden landscape borders did not create a risk of frequent skin contact.

He said: “We’ve been concerned about the ambiguity of the directive and have pressed the DTI for an interpretation.”

Dr Coggins said it appeared that some companies were playing it “safe rather than sorry”.