Creosote: Regulatory Impact Assessment
1. Implementation of the 14th amendment to the EC Marketing and Use Directive 79/769/EEC (Creosote)
2. Purpose and intended effect of the measure
Issue
New Regulations to prohibit the use of Creosote in certain circumstances. Required to meet the UK's obligation to implement the provisions (in part) of European Directive 94/60/EC (the 14th Amendment to the Marketing and Use 76/769/EEC).
Objective
The Regulations prohibit the placing on the market of wood treated with creosote and prohibits, subject to an exception for old treated wood, the use of treated wood in certain circumstances. Given the hazards of creosote and treated wood the regulation seeks to minimise the overall risk to man and the environment.
2. Risk Assessment
The Directive was negotiated in 1993/94 by DTI and HSE. It was not based on a detailed risk assessment. However, the risks posed by creosote are well documented. Creosote placed on the market can have widely different compositions and thus exhibit different properties. Potentially they may cause skin irritation and cause harm when swallowed. Furthermore, all creosote contains aromatic type substances some of which are known carcinogens. All contain phenols which may pose a threat to the water compartment of the environment.
3. Options
The proposed regulations are required to fulfill the UK's obligation to implement the provisions of European Directive 94/60 the 14th amendment to the Marketing and Use Directive 76/769/EEC. Directive 76/769/EEC harmonises Member States' controls over the marketing and use of dangerous substances and a series of Amendments since 1976 have added further substances and/or restrictions to those already controlled. Article 2 of the Directive calls for Member States to make regulations by 20th June 1996. There are no options other than to implement. Failure to do so will result in legal action by the European Commission against the UK.
4. Benefits
This regulation minimises risks posed by creosote to both man and the environment in the EU. Creosote produced in the UK is already below the threshold specified in this Directive.
5. Business sectors affected
The Tar Distillation Industry is the only sector shown to be affected by the legislation. There are two UK producers of creosotes.
5. Compliance costs for a typical business
Non recurrent costs : £370,000
Plant modifications and installation of processing equipment, setting up testing facilities.
Recurrent costs : £50,000
Testing and monitoring to ensure compliance.
Exports outside the EC will be unaffected, although imports from outside the EU will have to conform to the new rules of this proposal.
6. Summary and Recommendations
It is recommended that Directive 94/60/EC is enacted into national law using powers conferred by Section 2 (2) of the European Communities Act 1972. This option minimises risk posed by creosote and fulfills the UK's obligation to implement the provisions of the European Directive. The costs associated with the Regulations will be negligible.
7. Enforcement
The proposed penalties are on conviction in a Magistrates Court, a fine not exceeding £5,000 or conviction in a Crown Court, an unlimited fine.
Contact: Nicola Lettington, Chemicals and Biotechnology Division. 020 7944 5264.
Declaration.
I have read the Regulatory Impact Assessment and I am satisfied that the balance between cost and benefit is the right one in the circumstances.
Signed
Date
Page published
6 December 2000;
Page last modified
22 November, 2002