22.12.1999 Official Journal of the European Communities L 329/25 COMMISSION DECISION of 26 October 1999 concerning the national provisions notified by the Kingdom of the Netherlands concerning the limitations of the marketing and use of creosote (notified under document number C(1999) 3424) (Only the Dutch text is authentic) (Text with EEA relevance) (1999/832/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard of the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: ey I. FACTS 1. Communtity Legislation: Directive 94/60/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 Commission Directive 1999/77/EC(3), 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]pyren, 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 glkg) by mass. Wood treated with creosote or () OJ L 262,27.9.1976, p. 201. () OJ L 207, 6.8.1999, p. 18. () OJ L 365, 31.12.1994, p. 1. preparations containing creosote not respecting those limits may not be placed on the market. However, by derogation, the Directive 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 glkg 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 wuse 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 for contact with skin. OId treated wood commercialised for a second time can be used irrespective of the creosote-type applied except in the cases mentioned before. 2. National provisions: The Control Substances Act and the SIVEB Decision The Netherlands legal system concerning creosote is established by The Control Substances Act of 1962 (%) and the executing Decision concerning the composition, classification, packaging and labelling of control substances, adopted on 22 February 1980 (hereinafter called the SIVEB Decision)(’) with its subsequent amendments. The legislation provides for a general prohibition combined with an approval system on an individual basis. The Control Substances Act covers crop control substances (Article 1(1)(f)), which may not be supplied, possessed, kept in stock, marketed, or used in the Netherlands unless approved pursuant to the Act (Article 2 (1)). Article 3(1) defines the general conditions (% As amended by the Act of 15 December 1994, Law Gazette of The Netherlands 1995, No 4. () Official Journal of The Netherlands of 29 February 1980, No 43.