Restrictions on marketing/use of (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.

Date Released: 07 June 2004