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Restrictions on marketing and use of CCA- (Copper, Chrome and Arsenic) treated timber

The European Commission Directive 2003/2/EC (January 6, 2003) (tenth adaptation to technical progress to Council Directive 76/769/EEC) places severe restrictions on the marketing and use of arsenic-containing biocides in certain areas, including wood preservation.

A risk assessment and an analysis of advantages and drawbacks of further restrictions on arsenic in certain wood preservatives were carried out in the framework of a review of Community legislation.

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) concluded that there are human health concerns associated with the uncontrolled disposal of wood treated with wood preservatives containing copper, chrome and arsenic (CCA) and in particular risks to children's health from the use of CCA-treated wood in playground equipment. The CSTEE concluded that arsenic is both genotoxic and a carcinogen, and that it is appropriate to consider that no threshold exists for the carcinogenic effect.

A risk to the aquatic environment in certain marine waters was also identified. The CSTEE further advised that in the light of a serious knowledge gap in relation to arsenic-treated wood in landfills it would be advisable to exercise caution by limiting the use of arsenic-based wood preservatives.

Waste CCA-treated wood has been classified as hazardous waste pursuant to Commission Decision 2000/532/EC of 3 May 2000 .

Directive 2003/2/EC does not apply to CCA-treated wood already in place on the date of its transposition into national legislation.

Effect of this new legislation:

1. Arsenic may only be used, in future, in industrial installations using vacuum or pressure technology to impregnate wood if they use solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C.

2. Wood so treated may not be placed on the market before fixation of the preservative is completed. 

3. The uses of wood treated with CCA solutions in industrial installations are limited to:
   
   
   
   1. Structural timber in public and agricultural buildings, office buildings, and industrial premises,
   2. Bridges and bridgework,
   3. Constructional timber in freshwater areas and brackish waters e.g. jetties and bridges,
   4. Noise barriers,
   5. In avalanche control,
   6. Highway safety fencing and barriers,
   7. Debarked round conifer livestock fence posts,
   8. Earth retaining structures,
   9. Electric power transmission and telecommunications poles,
   10. Underground railway sleepers.


4. All such treated wood placed on the market shall be individually labelled with the wording:

   “For professional and industrial installation and use only, contains arsenic ”.

“Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking ”. 

5. Arsenic-treated wood may not be used in:

   Residential or domestic constructions, whatever the purpose,
   Any application where there is a risk of repeated skin contact,
   Marine waters,
   Agriculture other than structural uses or for livestock fence posts (3(i) or 3(vii),
   Any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption.

Such arsenic-treated wood includes timber that is intended to be used in gardens, parks and areas where the public has access .

In the transposing Irish legislation an authorised officer may seize and retain, or seize, remove and retain any wood preservative or relevant treated timber which the authorised officer has reasonable grounds for suspecting that there is or has been a failure to comply with any provision of the Regulations. Where such wood preservative or treated wood requires disposal, it shall be at the expense of the owner, such disposal to be such as will prevent the said controlled product from being placed on the market or used.

In view of the hazards and classification of the products in question, this may have serious financial implications for the person placing such controlled products on the market.

This Directive will come into effect in Ireland on 30 th June 2004. After this date it will be illegal to market wood treated with CCA for those uses as listed at point 5 above.

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Update on Septoria resistance to strobilurin type (QoI) fungicides

Septoria tritici is the most economically important pathogen of winter wheat in Ireland. When weather conditions are suitably wet and conducive to its spread, yield losses of up to 40% can be experienced. Wheat growers in Ireland have used any means at their disposal to control this potentially devastating disease. The strobilurin fungicides and other QoI products were quickly adopted into the growers' armoury to combat this disease and have been used to good effect for the past 5 or 6 years. However, the results of a Teagasc nation-wide survey (using highly sensitive PCR technology) carried out in February 2003, confirmed that Septoria tritici resistance to strobilurin type fungicides was widespread. The levels of resistance varied, but testing of Septoria tritici isolates confirmed that most sites displayed moderate to high levels of resistant isolates. In general, sites displayed a range of resistance levels, with an average level of about 50%. The Pesticide Control Service (PCS) undertook an urgent review of the registrations of strobilurin type products and imposed certain restrictions on the use of these products in a concerted effort to prolong the useful life of this very valuable and effective group of chemicals. As part of the review of the strobilurin type registrations, companies were requested to provide the PCS with Septoria tritici monitoring data for the 2003 growing season. This data has been reviewed and evaluated and the following decisions have been taken

• Products containing only strobilurin type active substances can no longer be relied on to give effective control of Septoria tritici.
• If using a product containing both a strobilurin type active substance and another active substance with a different mode of action for the control of Septoria tritici, the content of the other active substance must be at a level sufficient to control the disease (e.g., if there is only half rate triazole in the product then this will not be sufficient to control Septoria tritici and additional triazole must be added)

Additional essential uses

Commission Regulation 2076/2002/EC provided for the withdrawal of authorisations for plant protection products containing certain active substances in July 2003 but also identified a few 'essential uses' for active substances required to control harmful organisms where no efficient alternative was available. Commission Regulation 1336/2003/EC identified a small number of further 'essential uses'. The amended list of relevant products in the case of Ireland is attached. Essential Uses

European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 (S.I. No. 83 of 2003)

S.I. No. 83 of 2003 replaces S.I. No. 139 of 1994 as amended. This is a large document (389 pages) and may take some time to open. It can be navigated from the table of contents or using the Bookmarks from within the PDF file.
Please click here to view the document.

Arising from the EC Review Programme for Active Substances, plant protection products containing certain active substances must be withdrawn from use before the end of 2003 (Commission Regulation 2076/2000/EC and Commission Decisions 2002/478/EC, 2002/479/EC and 2000/817/EC). Exceptions may be made in the case of products containing certain active substances for which 'essential uses' have been identified. These are described below under 'Exceptions'.

Distribution of relevant products must cease by the 'Registration expiry date'. This date is 25 July 2003 for most of the products but is somewhat earlier for a few products. Use of products must cease by the 'Product use illegal from' date. This date is 31 December 2003 for most products but is 30 September 2003 for a few.

Any product in the supply chain or with farmers or other end users after the 'Product use illegal from' date will be illegal and must be disposed of as waste by appropriate means at the expense of the owner.

It is therefore important to ensure that all stocks of products designed for use in Spring/Summer have been used up by the end of the Spring/Summer season of 2003. In any case, all products must have been used up by the 'Product use illegal from' date.

A list of products and their expiry and use-by dates is attached ^*.
Products to be withdrawn from use during 2003

^* In accordance with Commission Directive 2002/928/EC, products containing the active substance benomyl have now been added to this list (27/01/2003).

Exceptions

An exception may be made in the case of products containing active substances for which an 'essential use' derogation was granted for certain crops in particular Member States as provided for under Regulation 2076/2002/EC. The list of relevant products in the case of Ireland is attached. Essential Uses

Most of these products currently have uses other than those specified as 'essential' on their labels. Revised labels for such products, covering only the essential uses specified in Regulation 2076/2002/EC, must be submitted to the Pesticides Control Service and approved before 25 July 2003. Registrations may be maintained for such approved products until 30 June 2007.

EC Review of existing active substances – 4th Review Regulation

This Regulation (Commission Regulation (EC) No. 1112/2002) represents the final stage in the examination of existing active substances - i.e. those that were on the market on or before July 25, 1993. The Regulation entered into force on August 1, 2002 and provides for a notification procedure by which interested producers may support active substances and undertake to submit information required for a detailed evaluation. This will enable a decision to be taken on whether these substances should stay on the market after July 25, 2003.

New Biocides legislation – Notification of Biocidal Products

Under new legislation introduced at the end of last year (S.I. No. 624 of 2001 and S.I. 625 of 2001) biocidal products on the Irish market on or before 1st February 2002 must be notified to the Pesticide Control Service, the Competent Authority for the purposes of the Regulations. Biocidal products not on the Irish market on or before 1st February 2002 must be notified to PCS and get prior approval before being placed on the market and used. Each notification must include documentation and information to identify the nature and composition of each biocidal product as well as the manufacturer of each such product and each component thereof. Steps are been taken to inform companies of their obligations in this regard.

Biocidal products include disinfectants, preservatives, pest control products and anti-fouling products for use in industry and the home, as well as taxidermist and embalming fluids etc.

Click here to download forms to be used for notifications

Food Safety Promotion Board (FSPB) symposium – Plant Protection and Food Safety

The symposium, which was held under the auspices of the FSPB, was organised by the Department of Agriculture and Food (DAF) to promote North-South co-operation in relation to food safety. It was the first formal meeting between the staff of the DAF and the Department of Agriculture and Rural Developement Northern Ireland, (DARDNI) in the field of plant protection and food safety. The symposium coincided with the 100th meeting of the Scientific Evaluation Committee of the DAF’s Pesticide Control Service (PCS). This committee undertakes the peer review of evaluations of plant protection products and makes recommendations with respect to the authorisation of such products. Presentations made by staff of the FSPB, PCS and DARDNI representatives provided an insight into the regulatory system for plant protection products on both sides of the border and were intended to facilitate exploration of areas of continued co-operation.

Download Symposium Proceedings (Adobe Acrobat file 1.3 MB)