The Controls on Dangerous Substances and Preparations Regulations 2006

PCP

6.—(1) PCP may be—

(a) placed on the market if the provisions of paragraph (2) or (3) are satisfied; and

(b) used if the provisions of paragraph (4) or (5) are satisfied.

(2) The placing on the market of PCP intended for use alone or as a component of preparations is permitted if it is approved—

(a) under regulation 5(1) of the Control of Pesticides Regulations 1986(1); or

(b) under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987(2),

and takes place in accordance with such approval.

(3) Until 31st December 2008, any substance that contains PCP may be placed on the market if it has a total H₆CDD content below 2 parts per million and that substance—

(a) is intended solely for the uses permitted under paragraph (4) or (5);

(b) is placed on the market in packages of 20 litres or more marked clearly and indelibly with the words, “Reserved for industrial and professional use”;

(c) is not sold to the general public; and

(d) is not waste to which either of which the following Directives (as amended on the date these Regulations are made) apply—

(i) Directive 2006/12/EC of the European Parliament and of the Council(3);

(ii) Council Directive 91/689/EEC(4).

(4) The use of PCP alone or as a component of preparations is permitted if that use is approved—

(a) under regulation 5(1) of the Control of Pesticides Regulations 1986; or

(b) under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987,

and takes place in accordance with such approval.

(5) Until 31st December 2008, any substance or preparation that contains PCP may be used in industrial installations—

(a) in the treatment of wood except that any wood so treated may not be used—

(i) inside buildings, whether for decorative purposes or not, and whatever the purpose of the building; or

(ii) for the manufacture and re-treatment of—

(aa) containers intended for growing purposes;

(bb) packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption; or

(cc) other materials that may contaminate the products referred to in sub-paragraphs (aa) and (bb);

or

(b) for the impregnation of fibres or heavy duty textiles if such material—

(i) is not intended for clothing or for decorative furnishings; and

(ii) has a total H₆CDD content below 2 parts per million.

(6) For the purposes of this regulation—

“H₆CDD” means all the isomers of hexachlorodibenzoparadioxin;

“PCP” means pentachlorophenol and its salts and esters.

(1)

S.I. 1986/1510 as amended by S.I. 1997/188 and S.I. 2001/880.

(2)

S.R.1987 No.414 as amended by article 21(3) of the Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No.203), the Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997 No.469) and regulation 42 of the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No.422).

(3)

OJ L114, 27.4.2006, p.9.

(4)

OJ L377, 31.12.1991, p.20. Council Directive 91/689/EEC has been amended by Council Directive 94/31/EC (OJ L168, 2.7.1994, p.28) and Regulation (EC) 166/2006 of the European Parliament and of the Council (OJ L33, 4.2.2006, p.1).