Regulation of Creosote
In 2003, the European Union classified creosote as a carcinogen and restricted its use for both professional and amateur use. As a result, the sale of creosote to the general public in the UK is now prohibited under the Control of Pesticides Regulations (COPR) 1986.
Creosote is currently authorized for sale, distribution, and use in Great Britain (GB), encompassing England, Scotland, and Wales, under the GB Biocidal Products Regulation administered by the UK Health and Safety Executive (HSE). In Northern Ireland, authorization falls under the EU Biocidal Products Regulation, although HSE includes Northern Ireland in its list of authorized preservatives. However, authorisation for creosote’s use as a biocidal product in Great Britain expires on October 31, 2023 (including Northern Ireland). In EU member states, the expiry date is March 29, 2024. Creosote manufacturers have applied for a 5-year extension in both regions.
As of now, in Great Britain, wood can be treated with creosote for specific purposes, including:
- Railway sleepers and various fencing types, such as highway, equestrian, and animal security fencing.
- Overhead Electricity Poles; Telecommunication poles; Fencing posts for safety-critical applications like highway, equestrian, and animal security fencing; Agricultural tree stakes/supports (e.g., fruit, vineyard, and hops) when a long service life (safety-critical) is required.
- Surface treatment of the above uses to facilitate re-treatment of exposed surfaces (e.g., cross-cutting and boring holes).
Authorisation for creosote’s use as a biocidal product in Great Britain expires on October 31, 2023 (including Northern Ireland). In EU member states, the expiry date is March 29, 2024. Creosote manufacturers have applied for a 5-year extension in both regions.
It’s important to note that the Biocidal Products Regulation applies to the use of creosote to treat wood, not to the uses of wood treated with creosote. However, wood treated with creosote in the UK must now only be placed on the market for the listed uses mentioned above. Once on the market, whether treated in the UK or imported, creosote-treated wood must adhere to the Registration, Evaluation, Authorisation & Restriction of Chemicals (REACH) Regulation in both Great Britain (under amended post-Brexit REACH) and Northern Ireland (under the EU REACH regulation).
Under REACH, creosote-treated wood may be used professionally and industrially in various situations, including railways, electrical power transmission, telecommunications, fencing, agricultural purposes, harbors, and waterways, except for those listed under ‘Restricted uses.’
Restricted Uses
Creosote-treated timber (in all forms) should not be used:
- Inside buildings,
- In toys,
- In playgrounds,
- In parks, gardens, and outdoor leisure facilities where frequent skin contact is possible,
- In the manufacture of garden furniture like picnic tables,
- For the manufacture, use, or re-treatment of:
- Containers intended for growing purposes,
- Packaging that may come into contact with raw materials, intermediate, or finished products destined for human and/or animal consumption,
- Other materials that may contaminate the products mentioned above.
Disposal of Waste Creosote-Treated Wood
Materials such as railway sleepers, telegraph poles, wood from docks, cooling tower timbers, wood block flooring/moulds, wood from boats, carriages, trailers, or wood treated with creosote must remain classified as Hazardous Waste. They should never be sent to a biomass fuel processor and should always be transported using an HWCN to an authorised disposal facility.
When creosote-treated wood reaches the end of its service life and must be disposed of, it must adhere to hazardous waste disposal regulations. Guidance on reuse, recycling, and waste disposal can be found in WPA TW 14: UK guidance on the classification of treated wood waste.
Looking to the Future
There are indications that regulatory controls on permitted uses of creosote-treated wood products may temporarily diverge between Great Britain and the EU (including Northern Ireland) in the coming year or two. For instance, Great Britain might be the only region where creosote-treated fencing remains permitted toward the end of next year or early 2024.
While the short-term future of creosote in some markets appears relatively secure, the foreseeable future will likely necessitate alternative technologies. Several such technologies are currently in advanced stages of field testing in preparation.
Changes to Permitted Uses of Creosote in Northern Ireland
Creosote, particularly coal tar creosote, has long served as a wood preservative. However, due to health concerns across the EU, restrictions on creosote’s use were introduced in 2003, limiting its application to industrial and professional uses. Sales of treated wood were allowed only for industrial and professional purposes, with an exception for second-hand wood treated before the regulations came into effect. Additionally, certain uses were strictly prohibited, such as inside buildings, in toys, in playgrounds, and in garden furniture manufacturing.
Following Brexit and the differing application of regulations in Northern Ireland, there may be temporary divergence in creosote regulation. After a review of the EU Biocidal Products Regulations, creosote’s approval in Northern Ireland has been renewed until November 2029, with changes to permitted uses.
Starting from April 23, 2023, creosote is authorized only for the preventative treatment of wood used as:
- Railway sleepers
- Utility poles for electricity
- Utility poles for telecommunications
However, the following uses are no longer authorized:
- Preventive and/or superficial treatment of wood used for fence panels, horizontals, posts in highway fencing, equestrian fencing, security fencing, and agricultural tree stakes/supports.
- Superficial treatment of wood used for railway sleepers, utility poles for electricity, and utility poles for telecommunications.
After April 30, 2023, creosote-treated wood specifically for these non-renewed uses cannot enter Northern Ireland. Any wood that entered before this date can still be used.
For full details, visit the HSE Northern Ireland website at https://www.hseni.gov.uk/new-eu-active-substance-renewal-decision-creosote.
Sale of Creosote Banned from Spring 2023
As of April 30, 2023, the sale of timber treated with creosote, except for railway sleepers and telecommunication poles, will be prohibited. Unsold stocks of creosote-treated timber beyond this date may face destruction as hazardous waste or re-export outside the EU.
The following timeline outlines key dates related to creosote rules:
April 30th, 2023, will be the last date for placing on the market and sale of timber treated with creosote, except for railway sleepers and telecommunication poles.
Stocks of creosote-treated timber not sold by this date may be subject to destruction as hazardous waste or subject to re-export outside of the EU, the DAFM has stated.
Creosote rules
However, there is a period of grace before this:
- December 31st, 2022 – Final sell-out at retail level of containers of creosote products. By this date, stores, merchants and importers must ensure that all stocks of creosote product are sold to professional end-users or else returned to their supplier;
- February 28th, 2023 – Final date for professional users to use creosote products for the treatment of fencing;
- April 30th, 2023 – As outlined.
The Regulation (Commission Implementing Regulation (EU) 2022/1950) renewing the approval for the biocide, creosote for vacuum pressure impregnation of wood used for railway sleepers and telecommunication poles only has been agreed at EU level.