Commercial Information Circulars

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Ref : EIC 230/2/12

11 March 2003

Dear Sirs,

Commercial Information Circular No. 76/2003

European Union (EU)* : Restrictions on the Marketing and Use of Arsenic

The European Commission (EC) has adopted a Directive to tighten the existing control on the marketing and use of arsenic which is commonly used as preservative, especially for wood products. Members States are required to put into effect the provisions of the Directive by 30 June 2004 at the latest.

DETAILS

2. Commission Directive 2003/2/EC (at Attachment (pdf format)) sets out the revised restrictions for arsenic compounds. The objectives are to protect human health and the aquatic environment given that the EU Scientific Committee has concluded that arsenic is a well-known carcinogen. Under the Directive, arsenic compounds may not be used as substances and constituents of preparations intended for use:

   1. to prevent the fouling of the hulls of boats, any appliances or equipment used for fish or shellfish farming, and any totally or partly submerged appliances or equipment;
       

   2. in the preservation of wood. Furthermore, wood so treated may not be placed on the market. However, by way of derogation, the use of a specific type of arsenic solution [i.e. solution of inorganic compounds of the copper, chromium, arsenic (CCA) type C] in industrial installations is allowed in some prescribed situations. Wood treated with such solution may be placed on the market for professional and industrial use after fixation of the preservative is completed and provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely (e.g. in highway safety fencing and barriers, as underground railway sleepers, etc). Specified labels are required to be put on all such treated wood when placed on the market. The derogation however does not apply to certain uses, such as in residential or domestic constructions, any application where there is a risk of repeated skin contact, etc; and
       

   3. in the treatment of industrial waters, irrespective of their use.

ENQUIRIES

3. For enquiries about the contents of this Circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Sandra SOU)

for Director-General of Trade and Industry

* : The EU member states are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom.