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Entry 31 of Annex XVII to REACH - Creosotes in wood
What is the meaning of the expression "second hand market for re-use" in paragraph 2(c) of entry 31 of Annex XVII to REACH?
Paragraph 1 of entry 31 prohibits the placing on the market of wood treated with the substances listed in points (a) to (i) of column 1 of the entry, whether as substances on their own or as mixtures. Paragraph 2(c) of entry 31 states that "….the prohibition in paragraph 1 on the placing on the market shall not apply to wood which has been treated with substances listed in entry 31 (a) to (i) before 31 December 2002 and is placed on the second-hand market for re-use….."
This derogation therefore concerns wood that had already been treated with the substance listed in points (a) to (i) of column 1 of entry 31 before 31 December 2002. The intention of the derogation is to allow second-hand wood treated before 31 December 2002 with the substances covered by this entry to be traded by the end-user and subsequent users. This type of derogation is often included in restriction entries to avoid enforcement difficulties.
It should be noted that the conditions in paragraph 3 apply to second-hand wood benefiting from the derogation in paragraph 2(c). Thus, it cannot be used e.g. inside buildings, in toys, in playground etc.