L 329/82 Official Journal of the European Communities 22.12.1999 COMMISSION DECISION of 26 October 1999 on the national provisions notified by the Kingdom of Denmark concerning the limitation to the placing on the market and use of creosote (notified under document number C(1999) 3427) (Only the Danish text is authentic) (Text with EEA relevance) (1999/835EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: ey I. FACTS 1. Community legislation: Directive 96/60/EC 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 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. European Parliament and Council Directive 94/60/EC (%), which amends Directive 76/769/EEC for the 14th time, harmonises amongst others the use and marketing of creosote and similar coal tar distillates, as well as preparations containing them, by limiting the content of one specific component, benzo[a]pyrene, in the following B[a]P, and water extractable phenols when used for wood treatment (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 not respecting those limits may not be placed on the market. () OJ L 262,27.9.1976, p. 201. (® OJ L 207, 6.8.1999, p. 18. () OJ L 365, 31.12.1994, p. 1. (3) However, by derogation, the Directive allows for the use of creosote and preparations containing creosote with up to 500 ppm (= 0,05%) by mass and water extractable phenols up to 30g/kg for wood treatment in industrial installations. Such substances 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, e.g. inside buildings, in contact with products intended for human or animal consumption, in playgrounds and in other outdoor places for public pleasure or where there is a risk of 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. The Danish national provisions Under the Danish legislation, creosote are considered as biocides for which Denmark has had in place an approval regime since 1980, following the adoption of Law 212 of 23 May 1979 on chemical substances and products (*). The approval scheme was introduced, because Denmark regarded the substances in question as a significant potential threat to health and the environment. Details of the approval scheme are laid down in Chapter 7 of the Law, which is entitled. Approval of chemical substances and products for specific purposes. All chemical substances or products used for a range of purposes, which are specified in the Annex to the Law, have to be approved by the Minister for the Environment prior to sale, import or use of the substance or product. Among other categories, the (% Act on chemical substances and products, notified in the form of the Consolidated Act from the Ministry of the Environment No 583 of 9 July, 1993.