L 210/46 Official Journal of the European Communities 3.8.2001 COMMISSION DECISION of 13 July 2001 concerning draft national provisions notified by the Kingdom of the Netherlands on limitations on the marketing and use of creosote (notified under document number C(2001) 1911) (Only the Dutch text is authentic) (Text with EEA relevance) (2001/599/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: I. FACTS 1. Community legislation Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations ('), as last amended by Commission Directive 1999/ 77|EC (), provides for the prohibition and restriction of the use of certain dangerous substances and preparations. Directive 76/769/EEC is regularly amended to include in its Annex additional substances which are dangerous to man and the environment. Directive 94/60/EC of the European Parliament and of the Council () amended Directive 76/ 769/EEC to harmonise among other things the use and marketing of creosote and similar coal-tar distillates, as well as preparations containing them, by limiting the content of one specific compo- nent, Benzo[a]pyrene (hereinafter B[a]P), and water extractable phenols when used for wood treat- ment (point 32 in the Annex to Directive 94/60/EC). The limit for B[a]P is fixed at a maximum of 50 ppm (= 0,005 %) by mass and the limit for water extractable phenols is fixed at a maximum of 3% (= 30 g/kg) by mass. Wood treated with creosote or preparations containing creosote not respecting those limits may not be placed on the market. However, by derogation Directive 94/60/EC allows for the use of creosote and preparations containing creosote with up to 500 ppm (= 0,05 %) B[a)P by mass and water extractable phenols up to 30 g/kg for wood treatment in industrial installations. Such products may not be sold to the general public and containers have to be labelled with the phrase ‘For use in industrial installations only’. Wood treated this way and placed on the market for the first time can only be used in industrial and professional applications, except in certain cases where its use is excluded, for exemple inside buildings, in contact with products intended for human or animal consumption, in play- grounds and in other outdoor places for public pleasure or where there is a risk for contact with skin. Old treated wood commercialised for a second time can be used irrespective of the creosote- type applied except in the cases mentioned before. 2. Existing national provisions in the Netherlands The Netherlands had already obtained derogation from the Commission to apply national legislation that existed before the Community Directive was adopted. The relevant request under Article 95(4) (ex-Article 100a(4)) received approval in Commission Decision 1999/832/EC (4). 262, 27.9.1976, p. 201. 207, 6.8.1999, p. 18. (t o] L () o) L () O] L 365, 31.12.1994, p. 1. (") oL 329, 22.12.1999, p. 25.