The use of creosote in the UK as an industrially-applied wood preservative has recently been authorised by the Health & Safety Executive (HSE) under The Biocidal Products Regulation (BPR).
The HSE’s decision to authorise creosote has recently been communicated to creosote manufacturers, confirming that its decision follows Sweden’s move to authorise the treatment for sleepers and poles.
Sweden was the reference member state appointed to assess the first application for authorisation of creosote for wood treatment and this was carried out by the Swedish Chemical Agency (KEMI) as the competent authority.
Other European Union member states are now looking at applications for national authorisation of creosote under the mutual recognition (MR) process of the BPR.
The HSE’s approval applies until 2021 and covers Use Class (UC) 3 railway sleepers, UC 3 fence panels, UC 4 wood poles for overhead electrical and telecommunication and UC 4 surface treatment (e.g. for cut end treatments).
Creosote manufacturers have been told that the HSE will now look at the case for authorisation of UC 4 agricultural stake/ support – when long service life is required (safety critical) and UC 4 fence posts – (safety critical e.g. equestrian fencing, animal security fencing, highway fencing).
HSE has told the Wood Protection Association (WPA) that it expects to add creosote to the list of authorised preservatives on its website in the coming days. Once this is done the formal application by creosote manufacturers for the additional uses will take place.
“We believe there is a strong case to authorise creosote for fencing and agricultural stakes in the UK and anticipate a positive outcome,” said WPA Creosote Group chairman John Lawrenson.
HSE has confirmed that during the assessment of the additional uses application, UK manufacturers of creosoted fencing and tree stake products can continue to supply them under transitional arrangements set out in the authorisation. Different rules apply to imported creosote-treated products.
Creosote manufacturers anticipate the HSE will add treatment of wood for fencing and tree stakes to the authorisation in late spring/ early summer.
The WPA is also communicating the latest position with regarding to the export or import of creosote-treated wood in the EU.
In the BPR (Annex 1), the European Commission has clarified that manufacturing in the EU with a view to exporting the creosote product outside the EU does not involve placing on the market. In the same way, a biocidal product which is not authorised in the EU may be used for the treatment of articles, in so far as the use of the product is limited exclusively to the treatment of articles for export and that the treated articles are not placed on the EU market.
Regarding importing creosote-treated wood (Annex 2), the BPR governs the use of a biocidal product in the EU and what articles may be treated with it and imposes some obligations on “treated articles” including: labelling and rules on import of treated articles relating to the active substance.
Labels must include a statement that the treated article incorporates biocidal products, the biocidal property, the name of all active substances contained in the wood and instructions for use, including any precautions to be taken because of the preservative used.
Import rules relating to active substances stipulate that all the active substances in the preservative with which the article was treated must be approved for EU use in wood preservatives.
However, the WPA says the BPR does not, other than on labelling and content of active substances, impose rules on movement of creosote-treated treated articles between Member States nor on import from outside the EU.
An older regulation (REACH) does impose some rules on where creosote-treated wood may and may not be used (REACH Annex XVII (31)) and this applies to material imported to the UK, whether it comes from inside or from outside the EU.
In brief, wood treated with creosote outside the country in which it is marketed is restricted to professional and industrial uses for example on railways, in electric power transmission and telecommunications, for fencing, for agricultural purposes (for example stakes for tree support) and in harbours and waterways. It may not be used inside buildings nor where there may be frequent skin contact nor for containers or packaging that might contact or contaminate foodstuffs.
