22.12.1999 Official Journal of the European Communities L 329/63 COMMISSION DECISION of 26 October 1999 on The National Provisions Notified By The Kingdom Of Sweden Concerning The Limitation To The Placing On The Market And Use Of Creosote (notified under document number C(1999) 3426) (Only the Swedish text is authentic) (Text with EEA relevance) (1999/834/EC) 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. THE 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 (1), 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 health and environment. European Parliament and Council Directive 94/60/EC (3), 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 (hereinafter 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 not () OJ L 262,27.9.1976, p. 201. () OJ L 207, 6.8.1999, p. 18. () OJ L 365, 31.12.1994, p. 1. 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%) by mass and water extractable phenols up to 30 glkg 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 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 of 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. The Swedish national provisions Under the Swedish legislation, creosote and preparations containing creosote are considered as pesticides. The Swedish provisions concerning the marketing and use of creosote and wood treated with creosote are included in two different legal instruments: 1. Order (1985:836) on pesticides, issued on 7 November 1985 and last amended by order (1995:208) establishing general provisions on the marketing and use of pesticides 2. National Chemicals Inspectorate regulation KIFS 1990:10 on wood treated with preservatives, especially sections 7—11, concerning wood treated with preservatives containing creosote.