Patrick O'Donovan (Limerick, Fine Gael)
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572. To ask the Minister for Agriculture, Food and the Marine whether, in the context of timber poles that are treated with bituminous products - as preservatives - such as tar and that are used for the purposes of electricity or telecommunications purposes, there are standards or regulations in place which are designed to prevent the leaching of the organic preservatives involved into groundwater. [9101/14]

Simon Coveney (Cork South Central, Fine Gael)
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Overall, the system of regulation in Ireland of bituminous wood preservative products and treated timber provides for the assessment of the impact of such products/treated articles on the groundwater resource. Where necessary, relevant restrictions and protective measures to protect groundwater in the context of the relevant pieces of chemical legislation, Water Framework Directive and the Drinking Water Directive may be applied. The Regulatory system for wood preservative products (such as bituminous products) and treated timber (such as poles used in electrical transmission and telecommunications) in Ireland is based on European legislation for chemicals. These pieces of legislation are underpinned by the precautionary principle and the stated aims are to ensure high levels of protection for humans, animals and the environment, which includes protection of groundwater for the purposes of environmental integrity and drinking water safety. The relevant pieces of legislation include:

- Commission Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (the REACH Regulation) which ensures that appropriate restrictions are in place on the manufacture, placing on the market and use of certain substances, mixtures (i.e. wood preservative products) and articles (i.e. the treated timber poles) to protect human health;

- Commission Regulation (EU) No 528/2012 concerning the making available and use of biocidal products (the BPR) to ensure that biocidal active substances, such as bituminous derivatives, are reviewed by the EU Member States and that only those active substances that are approved following the review are placed on the market, are used correctly and are correctly labelled; and

- Directive 2000/60/EC establishing a framework for Community action in the field of water policy (the Water Framework Directive) as transposed in to Irish law by S.I. 722 of 2003 (as amended) and also S.I. 9 of 2010 gives further effect to the Water Framework Directive in the area of groundwater protection.

When granting approvals for biocidal products, special attention is paid, within the product assessment, to the data and its relation to the above legislation impacting on the approval. Accordingly, depending on the conclusions drawn following assessment of these products and the in-service use of the treated timber it is possible to apply restrictions and specific conditions to the product approval or to refuse authorisation where warranted.