Thursday 16 August 2007

Decision regarding arsenic and PFOS' marketing restrictions on public debate


Ministry of Environment and Sustainable Development (Ministerul Mediului si Dezvoltarii Durabile) opened a public debate in order to modify Annex 1 of the Government’s Decision (Hotararea Guvernului) no. 347/2003 regarding use and marketing restrictions for certain dangerous substances and chemical preparations. Proposals, suggestions and opinions regarding the modifications can be transmitted until 30 August 2007. The proposal is aiming at harmonizing national legislation with EU regulations regarding marketing restrictions of perfluorooctane sulfonates and, mainly, restrictions on the marketing and use of arsenic compounds.


The proposal of modification of Annex 1 of the Government’s Decision (Hotararea Guvernului) no. 347/2003 regarding use and marketing restrictions for certain dangerous substances and chemical preparations implements Directive 2006/122/EC amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates) and Directive 2006/139/EC amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress.

1.Arsenic

Arsenic Compounds will not be placed on the market or used as substances and constituents of preparations intended for use to prevent the fouling by micro-organisms, plants or animals of:
- the hulls of boats,
- cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
- any totally or partly submerged appliances or equipment;
Moreover, arsenic will not be placed on the market or used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use. The compounds will not be used in the preservation of wood and, furthermore, wood so treated must not be placed
on the market.
By way of derogation, relating to the substances and preparations for the preservation of wood, the compounds may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C and if
they are authorized according to EU regulations. Wood treated with CCA solutions in industrial installations may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or animal livestock safety and skin contact by the general public
during its service life is unlikely:
- as structural timber in public and agricultural buildings, office buildings, and industrial
premises,
- in bridges and bridgework,
- as constructional timber in freshwater areas and brackish waters e.g. jetties and bridges,
- as noise barriers,
- in avalanche control,
- in highway safety fencing and barriers,
- as debarked round conifer livestock fence posts,
- in earth retaining structures,
- as electric power transmission and telecommunications poles,
- as underground railway sleepers.

Without prejudice to the application of other Community and National provisions on the classification, packaging and labeling of dangerous substances and preparations, all treated wood placed on the market shall be individually labelled “For professional and industrial installation and use only. It contains arsenic”.

Treated wood previously referred to will not be used:
- in residential or domestic constructions, whatever the purpose,
- in any application where there is a risk of repeated skin contact,
- in marine waters,
- for agricultural purposes other than for livestock fence posts and structural uses,
- in any application where the treated wood may come into contact with intermediate or
finished products intended for human or animal consumption.

Wood treated with arsenic compounds or with CCA that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of the modified Government’s Decision may remain in place and continue to be used until it reaches the end of its service life.

2.Perfluorooctane sulfonates

Perfluorooctane sulfonates (PFOS), reads Directive 2006/122/EC, are persistent, bioaccumulative and toxic to mammalian species and, therefore, indicate cause for concern.

The Scientific Committee on Health and Environmental Risks, after a consultation, concluded that PFOS fulfill the criteria for classification as very persistent, bioaccumulative and toxic. PFOS also have a potential for long range environmental transport and have the potential to produce adverse effects and therefore fulfill the criteria for being considered as persistent organic pollutants under the Stockholm Convention.

The European Commission mentioned in its Directive 2006/122/EC that on-going critical uses of PFOS in the aviation industry, the semiconductor industry and the photographic industry, which appear to pose a risk to the environment or human health, if releases into the environment and workplace exposure are not minimized. With regard to fire-fighting foams, EC agrees that health and environmental risks of substitutes should be assessed before a final decision can be taken. EC also agrees with restricting the use of PFOS in the metal plating industry.

Thus, in order to protect health and the environment, it is therefore necessary that the placing on the market and the use of PFOS should be restricted. The Directive and subsequent national regulations are intended to cover the major part of the exposure risks. Other minor uses of PFOS do not seem to pose a risk and they are currently exempted.

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