{
  "url": "https://openlegislation.uk/eu-directive-2006-139/annex",
  "json_url": "https://openlegislation.uk/eu-directive-2006-139/annex.json",
  "legislation": "eudr/2006/139",
  "legislation_title": "Commission Directive 2006/139/EC of 20 December 2006 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 (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2006-139",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "Annex I to Directive 76/769/EEC, point 20 is replaced by the following:\n‘\n20.\nArsenic Compounds\n1.\nShall 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:\nthe hulls of boats,\ncages, floats, nets and any other appliances or equipment used for fish or shellfish farming,\nany totally or partly submerged appliances or equipment;\n2.\nShall 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.\n3.\nShall not be used in the preservation of wood. Furthermore, wood so treated shall not be placed on the market;\n4.\nHowever, by way of derogation:\n(a) Relating to the substances and preparations for the preservation of wood: these 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 authorised in accordance with Article 5(1) of Directive 98/8/EC. Wood so treated shall not be placed on the market before fixation of the preservative is completed.\n(b) Wood treated with CCA solutions in industrial installations according to point (a) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely:\nas structural timber in public and agricultural buildings, office buildings, and industrial premises,\nin bridges and bridgework,\nas constructional timber in freshwater areas and brackish waters e.g. jetties and bridges,\nas noise barriers,\nin avalanche control,\nin highway safety fencing and barriers,\nas debarked round conifer livestock fence posts,\nin earth retaining structures,\nas electric power transmission and telecommunications poles,\nas underground railway sleepers.\n(c) Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market shall be individually labelled “For professional and industrial installation and use only, contains arsenic”. In addition, all wood placed on the market in packs shall also bear a label stating “Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking”.\n(d) Treated wood referred to under point (a) shall not be used:\nin residential or domestic constructions, whatever the purpose,\nin any application where there is a risk of repeated skin contact,\nin marine waters,\nfor agricultural purposes other than for livestock fence posts and structural uses in accordance with point (b),\nin any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption.\n5.\nWood treated with arsenic compounds that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive may remain in place and continue to be used until it reaches the end of its service life.\n6.\nWood treated with CCA type C that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive:\nmay be used or reused subject to the conditions pertaining to its use listed under point 4(b), (c) and (d),\nmay be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).\n7.\nMember States may allow wood treated with other types of CCA solutions that was in use in the Community before 30 September 2007:\nto be used or reused subject to the conditions pertaining to its use listed under point 4 (b), (c) and (d),\nto be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).\n’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2006/139/annex",
    "retrieved_at": "2026-11-01T15:22:29.052350+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}