A Commission regulation published by the Council on 13 July 2026 tightens restrictions on creosote and creosote-related substances under REACH Annex XVII, banning non-professional reuse of creosote-treated wood and second-hand sales to non-professionals, while allowing professional reuse of railway sleepers and utility poles under strict conditions.
The regulation, adopted by the European Commission, prohibits the reuse of creosote-treated wood by non-professionals and its use for purposes other than the original use. It also bans the placing on the second-hand market of such wood, except for professional users. Professional users may reuse creosote-treated wood (railway sleepers and utility poles for electricity or telecommunications) under the same conditions as first use, and in any Member State listed by the European Chemicals Agency (ECHA) that allows first placing on the market under the Biocidal Products Regulation (EU) No 528/2012. Users must keep documentation on acquisitions, further placing on the market, and disposal of creosote-treated wood for the duration of use and for ten years after disposal.
The substance "creosote, wood" (EC No 232-419-1, CAS No 8021-39-4) is removed from entry 31 of Annex XVII because it is not classified as carcinogenic and does not meet the PBT/vPvB criteria. The regulation applies from 12 months after entry into force, which occurs on the 20th day after publication in the Official Journal.
Policy orientations and trade-offs The regulation balances environmental and health protection against the economic interests of professional users in the railway and utility sectors. By banning non-professional reuse and second-hand sales, it reduces exposure to polycyclic aromatic hydrocarbons (PAHs) for the general public and the environment. However, it allows professional reuse of railway sleepers and utility poles, recognising the long service life and controlled conditions of these applications. The removal of "creosote, wood" from entry 31 reflects a science-based distinction between different creosote substances, avoiding unnecessary restrictions on a substance that does not meet hazard criteria.
Impact on stakeholders - Non-professional users and DIY consumers: They are prohibited from reusing creosote-treated wood, which may increase disposal costs and limit access to second-hand materials. This impact is moderate, as alternatives exist. - Professional users (railway and utility sectors): They can continue reusing creosote-treated wood under strict conditions, maintaining operational practices but facing new documentation and record-keeping obligations. The impact is moderate. - Wood treatment industry and suppliers: The restriction may reduce demand for creosote-treated wood for non-professional applications, potentially shifting market share to alternative treatments. The impact is moderate. - ECHA and national authorities: They gain a clearer regulatory framework and must maintain lists of authorised Member States for professional reuse. The impact is minor.
Institutional follow-up The regulation will be published in the Official Journal of the European Union and will enter into force 20 days later. Member States must ensure compliance within 12 months. ECHA will update its list of Member States allowing first placing on the market under the Biocidal Products Regulation. The European Parliament and Council were informed via the cover note.