22.12.1999 Official Journal of the European Communities L 329/43 COMMISSION DECISION of 26 October 1999 on the national provisions notified by the Federal Republic of Germany concerning the limitations of the marketing and use of creosote (notified under document number C(1999) 3425) (Only the German text is authentic) (Text with EEA relevance) (1999/833EC) 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 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 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 (3), which amends Directive 76/769/EEC for the 14th time, harmonises 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 component, Benzo-[a]-pyrene, in the following B[a]P, and water extractable phenols when used for woodtreatment (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 () 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% (= 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, 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, for example 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 German national provisions The German legislation uses the term ‘tar-oils’ to designate the substances subject to the provisions in question.  The  German  Tar-Oil  Ordinance (Teerdlverordnung), which contains the national provisions concerning creosote, was notified to the Commission in 1990, promulgated on 5 June 1991, and entered into force on 1 October 1991. As part of the general reorganisation of the legislation on manufacturing, marketing, and use, the provisions of the Tar-Oil Ordinance where included on 1 November 1993 in two ordinances, the Banned Chemicals Ordinance (Chemikalien Verbotsverordnung, ChemVerbotsV) and the Hazardous Substances Ordinance (Gefahrstoffverordnung,