GB Biocidal Products Regulation (GB BPR) - creosote assessment for renewal

Overview

Applicant: Creosote Council Europe

Substance name: Creosote

CAS number: 8001-58-9

EC number: 232-287-5

Product type: 08

Applicant proposed uses: Creosote is used as a wood preservative for industrial and professional use in use classes 3, 4, and 5 (applications above soil, in soil and freshwater, and in sea water).

Background: The biocide active substance, creosote, is currently under assessment for renewal in Great Britain (GB).

Under the GB Biocidal Products Regulation (GB BPR), if an active substance meets the exclusion criteria set out in Article 5(1), it would not normally be approved for use in biocidal products in Great Britain (GB). Creosote has been identified as fulfilling Article 5(1)(a), (c) and (e) exclusion criteria: Carcinogen Category 1B, Toxic for reproduction Category 1B and 2 and substance containing PBT constituents under GB BPR.

However, it may still be possible to renew the approval of creosote if any of the conditions specified under Article 5(2) of GB BPR are met. Namely, if it can be shown that:

• the risk to humans, animals or the environment from exposure to the active substance in a biocidal product, under realistic conditions of use, is negligible
• the active substance is essential to prevent a serious danger to human or animal health or the environment
• not approving the substance would have a disproportionate negative impact on society compared to the risks

Article 10(1) states an active substance shall be considered a candidate for substitution if it meets at least one of the exclusion criteria listed in Article 5(1) but may be approved in accordance with Article 5(2). In accordance with Article 10(3), HSE must undertake a consultation on potential candidates for substitution which involves gathering information on the availability of suitable and sufficient alternatives.

HSE has therefore launched a public consultation to gather information on the availability of suitable and sufficient alternatives and to determine if the conditions for derogation set out in Article 5(2) are still satisfied for each of the current/proposed uses of creosote.

It is important that interested parties (manufacturers, users of biocidal products, sectors concerned, authorities etc.) contribute to the consultation to inform the decision-making process, in particular on the availability of suitable alternatives. Suitable alternatives are substances or technologies that would result in reduced risks (e.g. classification, properties, exposure, use pattern), and which are technically and economically feasible. Contributors must provide information with justifications, and not simple statements that a substance is needed or not needed.

Further information and guidance is available on the HSE website.

How to submit comments

Provide any available information on possible alternative(s) using the commenting templates in the related section in the survey. A “public version” should always be completed and will be published after the consultation has closed. If you want to include confidential information in your submission, please additionally complete a “confidential version” and submit both versions as attachments.

You will also have the opportunity to provide information to support the continued use of creosote in GB, and a justification for why there may not be any suitable alternatives to creosote.

Information collected through the consultation will be made public. If you claim information to be confidential, you will need to provide an appropriate justification for non-publication.

Confidentiality and GDPR

HSE tries to make its public consultations as thorough and open as possible.

Information provided in response to public consultations may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 and the Environmental Information Regulations 2004 (EIR)). Statutory Codes of Practice under the FOIA and EIR also deal with confidentiality obligations, among other things.

If you would like us to treat any of the information you provide as confidential, please make this clear in your response. If we receive a request under FOIA or EIR for the information you have provided, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will be disregarded for these purposes. Requests for confidentiality should be made explicit within the body of the response.

HSE will process all personal data in accordance with the UK GDPR. This means that personal data will not normally be disclosed to third parties and any such disclosures will only be made in accordance with the Regulations.

HSE will take into account the information collected during this consultation process when deciding whether to recommend continued approval, restricted approval or non-approval of creosote under GB BPR PT08. You may answer any or all of the following questions. Please ensure to provide clear and specific information, as this will help facilitate the decision making process.

Please note, at the end of the survey you will be given the opportunity to attach any document(s) you feel may be relevant, so please ensure the information you provide is well-referenced in your answer(s).