Health and Safety
Executive / Commission
Biocides &
pesticides
Action has been taken to remove the approvals given under the Control of Pesticides Regulations 1986 (as amended) for the use of creosote and coal tar creosote wood preservatives by the general public.
This action has been carried out by the Health and Safety Executive (HSE) on behalf of the Department of Business, Enterprise and Regulatory Reform (BERR) (formerly the Department of Trade and Industry (DTI)) to implement, in part, European Commission Directive 2001/90/EC.
This Directive is the latest measure brought in by the European Union for creosote/coal tar creosote. In 1994, controls on the specification of creosote that could be sold to the general public were implemented due to concerns over the carcinogenic potential of certain constituents of creosote. New information has led the EU to believe that creosote/coal tar creosote may have a greater potential to cause cancer than previously thought and as a precautionary measure the EU has decided to take action to prohibit the use of creosote/coal tar creosote wood preservatives by the general public. To bring this about, the BERR instructed the HSE to remove the Control of Pesticides Regulations approvals for these products to the following timetable:
Approval for advertisement and sale of amateur creosote/coal tar creosote products by the product Approval Holder and their agents expired on 28 February 2003.
Approval for advertisement and sale of amateur creosote/coal tar creosote products by anyone other then the product Approval Holder or their agents expired on 30 April 2003.
Approval for supply, storage and use of amateur creosote/coal tar creosote products expired on 30 June 2003.
Approval for the advertisement, sale, supply and storage of amateur creosote/coal tar creosote products for the purposes of disposal only expired on 30 June 2004.
This means that, as of 30 April 2003, retailers are no longer able to sell creosote to the general public, and as of 30 June 2003, the general public are no longer able to use wood preservatives that contain creosote/coal tar creosote. Where retailers still have stocks of amateur use creosote products after 30 April, they should contact their supplier in the first instance, or their local waste regulatory authority. If members of the public have creosote after the 30 June 2003 they should contact their local council for advice on disposal. A list of affected products is given at Annex I.
Approvals for professional and industrial creosote/coal tar creosote products have been allowed to continue, subject to restrictions on the specification of the products.
There are also restrictions on where wood that has been treated with creosote/coal tar creosote can be used. The Business, Enterprise and Regulatory Reform (BERR) can provide further information on these restrictions (tel: 020 7215 5000).
Creosote and coal tar creosote are complex mixture of coal tar derivatives. The result being that it is not one specific chemical, but a number of constituent chemicals, such as petrol. It is commonly used as a wood preservative for use against wood-destroying insects and wood-rotting fungi.
Creosote and coal tar creosote has been used for the preservation of wood in the UK and in Europe for many years.
Within Great Britain, pesticides are controlled under the Control of Pesticides Regulations 1986 (COPR) (as amended 1997). Under this legislation, pesticide products must be approved by Ministers before they can be advertised, sold, supplied, stored or used.
HSE is the regulatory authority for non-agricultural pesticides in Great Britain, including wood preservative products.
As with all pesticides, there are some restrictions on use, but creosote was approved for both amateur and professional use. Creosote is not allowed for use inside residential property. Amateur and professional uses were largely confined to the outdoor in situ painting of, for example, fences and industrially treated wood used, for example, in telegraph poles and railway sleepers, or other uses where long service is required.
At present there are 52 HSE-registered amateur products containing creosote/coal tar creosote.
A full list giving details of products affected by this action is available in Annex 1.
The European Union has had concerns over the carcinogenic potential of creosote and coal tar creosote for some time. In 1994, to control the specification of the creosote in amateur products, they restricted the levels of one of the chemicals in amateur creosote products, benzo-alpha-pyrene, to less than 0.005 % by mass, and this was implemented in Great Britain via restrictions on the specification of products approved under The Control of Pesticides Regulations.
However, since then a recent study has led a EU scientific committee (the CSTEE) to conclude that creosote has a greater potential to cause cancer than previously thought, and that the level of the risk gives them reasons for concern.
To protect human health and the environment the European Commission have therefore taken action to prohibit amateur use of creosote products and to restrict the use of creosote treated wood.
The action being taken across the EU to ban the amateur use of creosote is a precautionary measure. Any risk of cancer to members of the public is likely to be extremely small.
The Directive places further restrictions on the sale and use of creosote. The use of creosote by amateurs will be banned as from 30 June 2003. However, the Directive not only protects consumers but also strengthens the restrictions on the industrial and professional use of creosote through further restrictions on the specification of the creosote, compared to the current EU legislation. Creosote products can still be used for wood treatment in industrial installations or by professionals for in-situ retreatment provided they contain less than 0.005 % by mass benzo-alpha-pyrene and water extractable phenols at a concentration less than 3 % by mass.
These products may only be placed on the market in packs of 20 litres or more and may not be sold to amateurs.
The Directive requires controls on the end uses of creosote/coal tar creosote treated wood. Department of Business, Enterprise and Regulatory Reform (BERR), as the lead department for this Directive, will be introducing legislation to bring these controls into force. For further details contact the BERR on 020 7215 5000, or visit the BERR website at www.berr.gov.uk
Members of the public can continue to use creosote products that they have already bought until 30th June 2003, and should dispose of any empty containers in the domestic rubbish. If they wish to dispose of unused products, they should contact their local council or waste regulatory authority.
From 30 June 2003, professional users can continue to use creosote products for in situ retreatment provided they contain less than 0.005 % by mass benzo-alpha-pyrene and water extractable phenols at a concentration less than 3 % by mass. They will only be able to buy these products in packs of 20 litres or more and must not sell them on to amateurs.
Retailers and wholesalers could only advertise and sell amateur creosote products until 30 April 2003. From that date they should have removed affected products from sale and stored them safely. For disposal of these products, they are advised in the first instance to contact their suppliers. As disposal of these products may be subject to the Special Waste Regulations 1996 (as amended), retailers and wholesalers may need to contact their local council for details of their local waste disposal authority and/or a specialist waste disposal company.
There will be restrictions on where the treated wood can be used. The BERR will be bringing into force legislation to implement these restrictions, and should be contacted for further information.
The approval for advertisement and sale of amateur products by the company that holds the approval for creosote/coal tar creosote products under the Control of Pesticides Regulations, or their agents expired on 28 February 2003. As such, any approval holder or their agent currently advertising or selling amateur products may be liable to prosecution. Enforcement will be carried out by HSE, local authority Environmental Health Officers or local authority Trading Standards Officers. Prosecutions may be brought under the Food and Environment Protection Act 1985.
The approval for advertisement and sale of amateur products by anyone other than the approval holder or their agents expired on 30 April 2003. As such, anyone advertising or selling amateur products may be liable for prosecution. Enforcement will be carried out by HSE, local authority Environmental Health Officers or local authority Trading Standards Officers. Prosecutions may be brought under the Food and Environment Protection Act 1985.
The approval for supply, storage and use of amateur products was revoked as of 30 June 2003. As such, anyone supplying, storing or using amateur products date may be liable for prosecution. Prosecutions may be brought under the Food and Environment Protection Act 1985.
The BERR will bring in measures for the policing of the restrictions on creosote-treated wood.
Companies selling amateur creosote products and retailers will be responsible for removing products from the shelves. Failure to comply with these actions may lead to prosecution under the Food and Environment Protection Act 1985.
A recent study has led a EU scientific committee (the CSTEE) to conclude that creosote has a greater potential to cause cancer than previously thought, and that the magnitude of the risk gives them clear reasons for concern. It was the finding of this study which has led the European Commission to prohibit amateur use of creosote products and to restrict the use of creosote treated wood.
In 1994, they controlled the specification of the creosote in amateur products, by restricting the levels of one of the chemicals in creosote, benzo-a-pyrene, to less than 0.005 % by mass, and this was based on the information that they had at the time. In addition, they commissioned a study to investigate further the carcinogenicity of creosote. It is the results of this study that have led to amateur products being banned.
The Directive seeks to protect human health in the Member States by restricting the use of dangerous substances and preparations. Member States are required to take all necessary measures to ensure that the dangerous substances and preparations may only be placed on the market or used, subject to the conditions specified. The ban on amateur use of creosote products is implemented in Great Britain by The Control of Pesticides Regulations.
The EU Scientific committee considered a study, which showed that there was some evidence of creosote causing skin cancer in animals, and as such concluded that there remained a risk to amateur users of creosote. This recommendation was based on results from a lifetime's daily skin contact with creosote, so it is highly unlikely that the occasional contact with creosote that an amateur user might have will be of any significant concern. This action has been taken as a precaution.
The conditions of approval, and hence the product label, for all amateur products state that suitable protective clothing such as coveralls, synthetic rubber/PVC gloves and eye protection should be worn. This will also have reduced exposure to the products.
The action has been taken because there is a small risk of cancer, identified from repeated daily application of creosote to the skin. There is no suggestion of concern for the unborn child.
The study on which this regulatory action has been based showed some concern for frequent and repeated skin contact. It did not consider inhalation exposure. However, studies of people working with creosote regularly in timber treatment plants have not shown that there is an increased risk of lung cancer.
Professional and industrial uses of creosote have been allowed to continue since it is possible to introduce measures to reduce exposure, for example, engineering controls and personal protective equipment for workers. That is, the risk assessments and exposure reduction methods used by professional users should further minimise any risks This regulation also strengthens the restrictions on the industrial and professional use of creosote through further restrictions on the specification of the creosote, compared to the current EU legislation.
The European Directive 76/769/EEC (the 'Marketing and Use Directive') seeks to protect human health and the environment in the Member States by restricting the use of dangerous substances and preparations. Member States are required to take all necessary measures to ensure that the dangerous substances and preparations may only be placed on the market or used, subject to the conditions specified in the Directive.
Along with European Legislation, such as the Marketing and Use Directive, in Great Britain pesticides are regulated under the Food and Environment Protection Act 1985 (FEPA). The Control of Pesticides Regulations 1986 (as amended in 1997) (COPR) provides the mechanism for implementing FEPA. They prohibit the advertisement, sale, supply, storage and use of pesticides unless Government Ministers in the responsible departments have granted an approval and unless general obligations and conditions specific to individual pesticides are met.
Approval is a legal requirement and it is an offence to use non-approved pesticides or to use approved pesticides in a manner that does not comply with the specific conditions of approval. All approved pesticides are subject to routine review but may be reviewed at any time and particularly if any evidence emerges concerning their safety. If necessary, an approval can be restricted or revoked entirely.
The registration process for non-agricultural pesticides is carried out by HSE. Non-agricultural pesticides are those for use in wood preservation, surface biocides, insecticides for use in public hygiene areas, rodenticides, biocidal paints, insect repellents and antifouling products.
As a result of the European Union having concerns over the carcinogenic potential of creosote, in 1994, the European Creosote Industry commissioned a carcinogenicity study to be carried out by the Fraunhoffer Institute. The results of the Fraunhoffer study were examined by the EU Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE). CSTEE concluded that there was a concern to customers arising from the amateur use of creosote or creosote treated wood.
These conclusions were then discussed by the EU Marketing and Use Working Group on Dangerous Substances. A new proposal was drafted, which was voted on by the individual member states and agreed. This led to the publication of Commission Directive 2001/90/EC which places a ban on the use of creosote by amateurs and places restrictions on the use of creosote treated wood.
The CSTEE is the EU Scientific Committee for Toxicity, Ecotoxicity and the Environment. It is an independent group of expert toxicologists, whose mandate is to discuss and advise on scientific and technical questions relating to the toxicology and ecotoxicology of chemicals and biochemical and biological compounds, whose use may have harmful consequences for human health and the environment.
Yes, this directive applies to all Member States within the European Union.
HSE act as the registration authority for non-agricultural pesticides under The Control of Pesticides Regulations 1986 (as amended 1997) (COPR) and before any pesticides can be advertised, sold, supplied, stored or used an approval has to be sought from HSE. Amateur creosote products therefore have to be approved by Government Ministers via HSE.
The Department for Business, Enterprise and Regulatory Reform are the lead department for the implementation of this ban on amateur creosote products in Great Britain and they have asked HSE to take action to revoke these products.
The Department for Business, Enterprise and Regulatory Reform is the lead authority for this issue, they can be contacted on:
Telephone: 020 7215 5000 or 020 7215 6740 (Minicom)
Address:
Ministerial Correspondence Unit
Department for Business, Enterprise and Regulatory Reform
1 Victoria Street
London SW1H 0ET
Website: www.berr.gov.uk
For press enquiries ring BERR press office as per the IPO Directory (White Book) or via the Enquiry Unit on 020 7215 5000.
Information is available on the EU website, which can be found at: http://europa.eu.int/comm/index_en.htm
General information on non-agricultural pesticides can be obtained from:
HSE Chemicals Assessment Schemes Unit
Health and Safety Executive
Building 1, 3rd Floor
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
Email: biocides@hse.gsi.gov.uk
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Non-agricultural pesticides containing creosote or coal tar creosote affected by this decision. (All pesticides can be identified by their unique approval number, such as HSE 3146, which should appear on their label).
You should note that these products will not be totally revoked. They are all for both amateur and professional use, or amateur, professional and industrial use. As such, they will have their amateur use revoked and their professional/industrial use restricted.
| HSE No | Product Name | Marketing Company |
|---|---|---|
| 3146 | Barrettine Creosote | Barrettine Producst Ltd |
| 3651 | Ovoline 275 Golden Creosote | Bretts Oils Ltd |
| 3730 | Creosote Blended Wood Preservative | Rye Oil Ltd |
| 3812 | Creosote BS 144 Type III | Coalite Chemicals Division |
| 3841 | Creosote | Palace Chemicals Ltd |
| 4034 | Creosote | Langlow Products Ltd |
| 4205 | Greenhills Creosote | Greenhills (Wessex) Ltd |
| 4289 | Middletons Enviro. Shed & Fence Wood Preservative | E W Middleton and Sons |
| 4294 | Coal Tar Creosote | Laybond Products Ltd |
| 4334 | Golden Creosote | A-Chem Ltd |
| 4335 | Nut Brown Creosote | A-Chem Ltd |
| 4384 | Creosote | R K and J Jones Ltd |
| 4390 | Oakmere Creosote Type 2 | Oakmere Tecnhnical Services Ltd |
| 4392 | Creosote Blend | Langlow Products Ltd |
| 4441 | Middletons Creosote | E W Middleton and Sons |
| 4459 | Bartoline Dark and Light Creosote | Bartoline Ltd |
| 4467 | Creosote | Liver Grease Oil and Chemical Co. Ltd |
| 4588 | Creosote Blend MK3 (Light Golden) | Great Marsh Ltd |
| 4590 | Creosote Blend MK1 (Medium Dark) | Great Marsh Ltd |
| 4903 | Creosote | T K Bird Ltd |
| 4930 | Larsen Creosote | Larsen Manufacturing Ltd |
| 4941 | Travis Perkins Creosote | Travis Perkins Trading Company Ltd |
| 4948 | Creosote Blend | Laybond Products Ltd |
| 5022 | Solignum Medium Brown | Protim Solignum Ltd |
| 5023 | Solignum Dark Brown | Protim Solignum Ltd |
| 5024 | Solignum Gold | Protim Solignum Ltd |
| 5043 | Wilko Creosote | T K Bird Ltd |
| 5054 | Homebase Creosote | Homebase Ltd |
| 5072 | Jewson Creosote | Jewson Ltd |
| 5074 | Leyland Creosote | Leyland Paint Company Ltd |
| 5092 | Texas Creosote | Texas Homecare Ltd |
| 5093 | B and Q Creosote | B & Q Plc |
| 5120 | Woodman Creosote and Light Brown Creosote | J H Woodman Ltd |
| 5121 | Creosote (Light Brown and Dark Brown) | Sealocrete Pla Ltd |
| 5314 | DIY Time Creosote | Nurdin and Peacock |
| 5412 | Chelec Creosote | Chelec Ltd |
| 5495 | Creosote | PMC Holdings Ltd |
| 5496 | Kalon Creosote | Kalon Group Plc |
| 5666 | Creosote | Focus Do It All |
| 5848 | Maxim Creosote | S J Dixon |
| 5885 | Creosote BS 144 | Koppers UK Ltd |
| 5975 | Creosote | Bagnalls Haulage Ltd |
| 6001 | Cindu Creosote | Cindu Chemicals BV |
| 6031 | Coal Tar Creosote | James of Bedlington Ltd |
| 6101 | Wickes Creosote | Wickes Building Supplies Ltd |
| 6211 | Laybond Creosote Blend | Laybond Products Ltd |
| 6901 | Creosote | Witham Oil and Paint (Lowestoft) Ltd |
| 7026 | Creosote | Bartoline Ltd |
| 7054 | Keyline Creosote | Keyline |
| 7308 | Creosote | Wickes Building Supplies Ltd |
| 7309 | Creosote | Bartoline Ltd |
| 7310 | Creosote | Focus Do it All |