9. 12. 94 Official Journal of the European Communities No L 316/43 COMMISSION COMMISSION DECISION of 14 September 1994 concerning the prohibition of PCP notified by the Federal Republic of Germany (Only the German text is authentic) (94/783/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, in particular Article 100a (4) thereof, Whereas : O () OJ No L 85, 5. 4. 1991, P 34. () Bundesgesetzblatt — BGBI. I 1. PROCEDURE The measure notified On 2 August 1991 the Permanent Representative of the PFederal Republic of Germany notified the Commission pursuant to Article 100a (4) of the EEC Treaty, of his Government’s decision to continue to apply national provisions concerning pentachlorophenol (PCP) instead of Council Direc- tive 91/173/EEC (). ’ Those mandatory provisions are set out in the regu- lation of 12 December 1989 prohibiting pentachlo- rophenol  (Pentachlorphenolverbotsverordnung)(?) and have applied since 23 December 1989. This regulation prohibits the manufacture, mar- keting and use of pentachlorophenol, its salts and compounds, preparations containing more than 0,01 % of such substances and products which, following treatment with preparations, contain the said substances in a concentration of more than § mg/kg (parts per million — ppm). By way of dero- gation, the competent authorities may authorize such substances, preparations and products for use 1989, p. 2235. @ “as synthesizing agents or secondary products, for scientific research or analysis or for disposal. Directive 91/173/EEC . 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 94/27/EC (¥), provides for the prohibition or restriction of the use of certain dangerous substances and preparations. Directive 91/173/EEC amending for the ninth time Directive 76/769/EEC prohibits the marketing and use of pentachlorophenol and its salts and esters in a concentration equal to or greater than 0,1 % by mass in substances and preparations. However, four exceptions are given. The use of pentachlorophenol and its compounds-in industrial installations is permitted : (a) for wood preservation; - (b) for the impregnation of fibres and heavy-duty ‘textiles; ' ' (c) as a synthesizing and/or processing agent in industrial processes ; (d) for the in situ treatment of buildings of cultural and historic interest (subject to individual authorization by the Member State concerned). In any évent, PCP used as such or as a constituent of preparations used under the derogations referred to above must have a total hexachlorodibenzopara- dioxin content of less than 4 ppm. () OJ No L 262, 27. 9. 1976, p. 201. (9 OJ No L 188, 22. 7. 1994, p. 1.