Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1589. To ask the Minister for Agriculture, Food and the Marine the basis upon which creosote fencing will be banned from April 2022; if a derogation is or had been available if arising from European Union regulation or directive; and if he will make a statement on the matter. [13821/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The approval and uses of creosote as a wood preservative were recently reviewed under the EU Biocidal Products Regulation.

The EU review process, which was managed by the European Chemicals Agency (ECHA), resulted in a renewal of approval for creosote that was limited in its scope due to significant concerns, including the carcinogenic potential for humans.

This means that there is cancer risk associated with creosote.

Permitted uses were restricted to industrial vacuum pressure impregnation of wood used for railway sleepers, electricity poles and telecommunications poles only.

The renewal Regulation (Regulation (EU) 2022/1950) came into force on 1st November 2022 and stipulates that from 30th April 2023 only railway sleepers or utility poles for electricity or telecommunications treated with creosote may be placed on the market in EU Member States.

A derogation to allow for placing on the Irish market of creosote treated agricultural and equine fencing beyond 30^thApril 2023 is not possible under the regulatory framework.

It should be noted that timber already treated with creosote and sold to end users e.g. farmers before 30th April 2023, can be used after that date.