Regulatory Impact Assessment: Pentachlorophenol
1. Implementation of the 5th amendment to Annex 1 of the Marketing and Use Directive - Council Directive 76/769/EEC (Pentachlorophenol)
2. Purpose and Intended Effect of the Measure
Issue
New Regulations to introduce a lower permissible content of total hexachlordibenzoparadioxin (H6CDD) in pentachlorophenol (PCP) preparations placed on the market. Required to meet the UK's obligation to implement the provisions (in part) of European Commission Directive 1999/51/EC (the 5th amendment to Annex 1 of the Marketing and Use Directive 76/769/EEC).
Objective
The Regulations reduce the permitted total H6CDD content in PCP, or any substance containing PCP, to 2 parts per million from 4 parts per million and provide that PCPs may no longer be used in industrial installations as a synthesising and/or processing agent in industrial processes. The Regulations also remove the exemption permitting the use of structural timbers treated with PCPs.
Given the hazards of PCP and H6CDD, the Regulations seek to minimise the overall risk to man and the environment.
3. Risk Assessment
The Directive was negotiated in 1998/99 as part of a package including organostannic compounds (tributyltin) and cadmium; DTI, HSE and the then DETR collaborated in these discussions. The Directive was negotiated because of the EU Accession Treaty for Sweden, Finland and Austria (who had previously banned PCP). It is based on an assessment of human occupational and consumer exposure as well as environmental risk conducted by Environmental Resources Management (ERM) Ltd on behalf of the European Commission. A detailed opinion was given by the EC Scientific Committee for Toxicity, Ecotoxicity and Environment (CSTEE), based on the ERM report and additional published literature. The CSTEE concluded that human exposure could occur from contaminated soil and that there was a risk to the environment from localised 'hotspots'.
4. Options
The proposed Regulations are required to fulfil the UK's obligation to implement the provisions (in part) of European Commission Directive 1999/51/EC (the 5th amendment to Annex 1 of 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 apply its provisions from 1 September 2000. There are no options other than to implement. Failure to do so will result in legal action by the European Commission against the UK.
5. Benefits
The Regulations minimise risks posed by PCP and H6CDD to human health and the environment in the EU. PCP is known to cause chloracne in occupational exposures and is on the EU 'red list' as toxic to the environment; H6CDD is an unwanted contaminant in PCP.
6. Business Sectors Affected
PCP is manufactured in the United States and imported for use by the Wood Preserving and Damp Proofing industry and the Textile industry, which are the only UK sectors to be affected by this legislation. Most companies have already withdrawn PCP products on commercial grounds and remaining uses are due to cease in 2008 in any case. The UK firm Catomance Ltd produces PCP laurate as a synthesising/processing agent, but DG Sanco have confirmed that this manufacture is not prohibited by this Directive. The Defence Logistics Organisation (DLO), which used PCP laurate for application to military items such as parachute webbing, have confirmed that they have taken steps to secure alternative finishes for the products under their responsibility.
7. Compliance Costs for a Typical Business
No costs to business are expected as a consequence of the Regulations. We have conducted the normal consultation process with the Wood Preserving and Damp Proofing industry, the Textile industry, DLO and Catomance Ltd, none of whom made any comments. DLO will incur costs in testing for an alternative which meets NATO specifications, but it appears unlikely that these will be passed on to business.
8. Consultation Process
The DTI, the National Assembly of Wales and the Scottish Executive were consulted in the normal way and all are content with implementation of the proposed Regulations on a GB-wide basis, as proposed. DoENI are transposing the requirements of 1999/51/EC separately into Northern Ireland legislation.
9. Summary and Recommendations
It is recommended that the part of Directive 1999/51/EC dealing with PCP is enacted into national law using powers conferred by section 2(2) of the European Communities Act 1972. This option minimises risks posed by PCP and fulfils the UK's obligation to implement the provisions of the European Directive. The costs associated with the Regulations will be negligible.
10. Enforcement
The proposed penalties are, on summary conviction, a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
Contact: Mike Roberts, Chemicals and Biotechnology Division; 020 7944 5268
Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the benefits justify the costs.
Michael Meacher
Minister of State for the Environment
Department for Environment, Food and Rural Affairs (Defra)
13 September 2001
Page published
14 November 2001;
Page last modified
22 November, 2002