Under Entry 19 of Annex XVII to REACH, CCA type C cannot be used to treat wood in the EU due to the fact that it has not been authorised under Directive 98/8/EC. A request for authorisation could, however, be made in the future in line with the requirements of Directive 98/8/EC.
Concerning wood newly treated with CCA type C and imported from third countries:
· paragraph 4 a) authorises only the treatment of wood with CCA type C if this biocidal product is authorised under Directive 98/8/EC.
· under paragraph 4 b) it is stated that "Wood treated with CCA solutions in accordance with point a) may …."
This implies that all wood that is placed on the market in the EU must conform to the requirements of paragraph 4 a).
Therefore wood newly treated with CCA type C may only be placed on the EU market if this biocidal product used for treatment is authorised under Directive 98/8/EC.
Whilst the Directive does not impose general obligations on wood treatment installations outside the EU, this requirement is valid for any manufacturer, distributor, or importer placing wood on the EU market whether this wood is manufactured in the EU or manufactured outside
the EU and imported. Obviously the requirement does not apply to wood treatment installations outside the EU producing wood for marketing outside the EU.
In summary since 30 June 2007, it is prohibited to place on the market and to import wood newly treated with CCA type C, until such time as a biocidal product containing this active substance is authorised in line with all the requirements of Directive 98/8/EC.