United Kingdom
Pesticides
Regulations on plant protection products have been consolidating with the coming into force of the Plant Protection Products Regulations 2003 (SI 2003 No. 3241) on 31 December 2003. Revoking and replacing the Plant Protection Products Regulations 1995 (SI 1995 No 887) in England and Wales, the new Regulations relate to the authorisation system whereby plant protection products may not be placed on the market and used in the territory of a European Economic Area (EEA) State unless they have been authorised. This is intended to ensure that these products will not cause harm to human or animal health or general environment wherever they are placed on the market and used within the EEA.
(SO, 10 December 2003)
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No 2) Regulations 2003 (SI 2003 No 2591), which came into force on 24 October 2003, amend the principle 1999 regulations (SI 1999 No 3483). The Regulations implement three EU directives (2003/60/EC, 2003/62/EC and 2003/69/EC) and specify maximum levels of pesticide residues that may be present on crops, food and feeding stuffs.
(SO, 7 October 2003)
A new scheme has been launched to encourage farmers and professional pesticide users to dispose of obsolete pesticides. The campaign will run from 14 November 2003 to 31 March 2004 and will see waste disposal companies setting up collection rounds. Although farmers and other professional users will be responsible for the costs of disposal, there will be discounts over the normal disposal rates. The move follows the withdrawal of a number of products from the market in 2003 under an EU Directive concerning the placing of plant protection products on the market (91/414/EEC). It will soon be illegal to store or use any of these pesticides. The scheme is being set up by the Voluntary Initiative, formed in 2001 by an agreement between the pesticide industry, farming unions and government, in an effort to stave off a pesticide tax.
(The Voluntary Initiative, November 2003)
GMOs
The findings of the GM crop farm scale evaluation study have been published. Experiments involved around 60 fields, each sewn with wheat, maize and rape. Fields were split into two and one half sown with a conventional variety according to normal practice, and the other half sown with a GM variety and weeds controlled by a herbicide to which the crop was modified to be resistant. Comparisons were then made between the two halves of the fields in terms of the levels of weeds and invertebrates, such as beetles, butterflies and bees, to assess biodiversity. The results show that growing conventional wheat and spring oil seed rape led to a higher level of some invertebrates than for growing the GM herbicide tolerant varieties. This was attributed to the larger number of weeds found growing amongst the conventional crop. In direct contrast, GM maize was associated with higher levels of butterflies and bees than the conventional strain. The results were not directly attributable to the way in which the crops had been genetically manipulated, but were an indirect effect of the way that weeds were controlled. However, scientists point out that the results are only applicable to the specific cases examined. Each new application of GM crop technology would have to be examined on a case-by-case basis to assess its impact on the environment.
(The Royal Society Press Release,
16 October 2003)
The Parliamentary Environment, Food and Rural Affairs Committee has published its report on the public debate about GM crops, 'GM Nation'. The Committee received written and oral evidence from a number of parties and concluded that although the public debate was imaginative and innovative, as well as being successful in some areas, overall it said that it represented an opportunity missed. Among the problems highlighted were insufficient resources and tight deadlines, and the necessary information required to inform the debate not being available at the time.
(Parliament, November 2003)
A report by the Agriculture and Environment Biotechnology Commission (AEBC) has failed to reach a decision on whether to allow GM crops to be planted in the UK for commercial purposes. The report 'GM Crops? Co-existence and Liability' also looks at who would be liable for environment clean up if any damage occurred through growing GM crops. It was suggested that compensation from industry for environmental remediation costs should be available irrespective of criminal liability. However, the report has been criticised by environmental groups for failing to answer the question of whether GM crops can co-exist with conventional and organic crops in the UK.
(AEBC, November 2003)
The Co-op supermarket group has stated that it will not grow GM crops on any of its land, sell GM food under its own brand or invest in GM technology. The statement follows an NOP survey of the group's customers and members which showed overwhelming disapproval for GM crops.
(Co-op News Release, 20 October 2003)
Nonylphenol
DEFRA is consulting on a voluntary industry programme to deal with the risks associated with nonylphenol and its ethoxylates. These compounds are used in a range of products and processes such as cleaning, textile and leather processes, metalworking and cosmetics. Although octylphenol methoxylates are less widely used, these compounds are also addressed in the consultation. DEFRA is seeking to gather comments on the impacts of the proposals on UK businesses. The voluntary proposals are aimed at achieving early implementation of the EU Directive on Marketing and Use in Restrictions (2003/53/EC), which applies to nonylphenol and its ethoxylates and comes into force on 17 January 2005. The government now wants suppliers and users of these chemicals to find safer alternatives as soon as possible and to phase out their use by the end of 2004 at the latest. The consultation closed on 7 January 2004.
(DEFRA, October 2003)
Managing chemicals
The EA has set out a strategy for managing the risks to health and the environment from thousands of every day chemicals, used both by the public and industry. The strategy entitled 'Managing Chemicals for a Better Environment' includes proposals for: systematic screening of chemicals to prioritise those hazardous properties for further investigation; implementation of a priority action plan on high risk chemicals; the development of specific approaches to address some high risk groups such as those that cause cancer or accumulate in the environment; and a new approach to investigate biological effects and to develop environmental and human health standards. The strategy sets out how the EA will identify and prioritise its actions on high-risk chemicals and develop action plans and health standards.
(EA News, 22 October 2003)
Creosote
The Creosote (Prohibition on Use and Marketing) (No 2) Amendment Regulations 2003 (SI 2003 No 2650) will amend the corresponding 2003 regulations from 12 November 2003. The amendment will cause the Regulations to be treated as if they were safety regulations under the Consumer Protection Act 1987. This Act contains several provisions providing for the enforcement of safety regulations.
(SO, 9 October 2003)
European Union
Chemicals policy
The European Commission has finally issued a proposal for a Regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH). The draft Regulation is intended to introduce provisions to create a single regulatory system for existing and new substances. Producers, manufacturers and downstream users would all have to undertake testing of chemicals. Authorisation would be required for persistent, bio-accumulative and toxic (PBT) substances, very persistent and very bio-accumulative (vPvB) substances, carcinogens, mutagens, reproductive toxins and endocrine disruptors. Any of these chemicals found to have unmanageable risks would be phased out. In addition, there would be a requirement to formally register all chemicals produced in volumes above one tonne. Registration dossiers will be required to provide information on the properties and hazards of substances as well as the uses identified. The deadline for the registration process will range from 3-11 years after the Regulation enters into force. The registration process will be overseen by a new EU Chemicals Agency. Despite much lobbying from industry and protest from environment groups, the measures included remain similar to the White Paper issued in February 2001. Although the Commission is claiming that amendments have reduced the cost of the proposals by 80%, industry remains sceptical. The Commission meanwhile claims that it will provide an effective policy measure for protecting human health and the environment while maintaining the competitiveness of European industry.
(COM (2003) 644, 29 October 2003)
GMOs
Rules on tracing and labelling of GMOs are to be tightened in the near future after the publication of two EU Regulations (No 1829/2003 and No 1830/2003) in the Official Journal. The new Regulations should ensure complete traceability of GMOs throughout the food chain from farm production to consumption. Although traceability has been in existence for certain products for many years, specific requirements for products containing GMOs or derived from GMOs do not exist. Businesses handling GM products will face new requirements for transmitting and retaining information on all GM foods, irrespective of whether there is DNA or protein derived from GMOs in the final product. GM feed will also require labelling based on the same principle as for GM food. The Regulations were introduced in an attempt to lift the EU moratorium on new GM approvals, although some national governments have reconfirmed their opposition to a lifting of the ban. The Regulations came into force on 7 November 2003, with operators required to comply with the provisions by May 2004.
(OJL 268, 18 October 2003)
A Regulation on transboundary movements of GMOs (No 1946/2003), which brings into force the Cartagena Protocol, has been published in the Official Journal. The Protocol establishes an Advanced Informed Agreement (AIA) procedure which will require specific documentation for the import of GMOs intended for release into the environment. It was drawn up mainly with developing countries in mind, which often lack resources to assess adequately the risks associated with GMOs. The Protocol allows an international legal framework for the transboundary movement of GMOs taking into account the precautionary principle. Under the new Regulation, countries exporting GMOs will have to give prior notification to the importing country and provide information necessary to enable it to make an informed decision. By September 2003, 103 parties had signed the Protocol, with 57 having ratified it.
The Regulation came into force on
25 November 2003.
(OJL 287, 5 November 2003)
Biocidal products
A Regulation on the second phase of the 10-year work programme concerning the placing of biocidal products on the market has been published in the Official Journal. It sets out the programme for reviewing existing active substances, i.e. those on the market before 14 May 2000. Biocidal products, often referred to as non-agricultural pesticides are used in a variety of products such as household disinfectants, wood preservatives, insecticides and anti-fouling paints. More than 950 active substances in biocidal products have been identified on the European market. More than 580 of these are to be phased out over the next two years, as producer companies have not supported them. The European Commission has received requests for 390 of the 950 substances from companies to continue production in the EU. These biocides will now have to be tested for their effects on human health and the environment before they are granted authorisation to be marketed. The Regulation entered into force on 15 December 2003. Those substances notified but that companies do not want to keep on the market will be phased out by 1 September 2006.
(OJL 307, 24 November 2003)
Tyre emissions
The Scientific Committee on Toxicity, Eco Toxicity and the Environment (CSTEE) has issued an opinion on the scientific evidence of risk to health and the environment from PAHs in extender oils and tyres. It concluded that the contribution of tyres to the overall levels of these compounds in the environment was insignificant. It says that tyre wear contributes less than 2% of exposure associated with PAHs in the urban atmosphere and of the total anthropogenic emissions. The European Commission is currently considering introducing a ten parts per million limit for PAHs in tyres produced across the EU.
(CSTEE, November 2003)
Fertilisers
An EU Regulation (No 2003/2003) relating to fertilisers entered into force on 11 December 2003. The Regulation will impose directly on manufacturers precise requirements to be applied at the same time and the same way throughout the EU. It will harmonise requirements for displaying technical characteristics, including the composition and definition types of fertilisers, and their identification and packaging. Therefore, the Regulation is aimed at the internal market for fertilisers by repealing several Directives (76/116/EEC, 77/535/EEC, 80/876/EEC and 87/94/EEC). It also introduces further controls on ammonium nitrate fertilisers with high nitrogen content, which are at risk of explosion.
(OJL 304, 21 November 2003)
Paraquat
A Directive to include paraquat as an active substance under Directive 91/414/EEC (2003/112/EC) has been published in the Official Journal. The Directive has to be transposed into the national legislation in Member States by 30 April 2005. It contains new environmental and health safeguards, including a requirement for an industry stewardship programme. Several countries that want an EU-wide ban on paraquat tried unsuccessfully to block the Directive.
(OJL 321, 6 December 2003)
International
Prior informed consent
The Rotterdam Convention on prior informed consent (PIC) is set to come into force in February 2004 after Armenia became the 50th Member State to ratify it. The Convention lays down procedures for certain hazardous chemicals and pesticides during international trade. Agreed in 1998, it is aimed at helping governments to monitor and manage trade in these substances, and at preventing the export of substances banned in developed countries to developing countries. It allows countries to make informed decisions on future imports of hazardous chemicals and ensure that exporting countries respect the decisions of these importing states by providing the tools and information required to identify these chemicals. Where trade is permitted, it also provides information on potential health and environment effects and requirements for labelling.
(UN News Centre, 28 November 2003)
