United Kingdom
Biocidal products
The Biocidal Product Regulations (BPR) (SI 2001 No 880) came into force on 6 April 2001. Biocidal products are used to control a variety of living organisms including rats, insects and wood-rotting fungi. Plant protection products, medicines and food additives are excluded as they are subject to separate regulatory regimes. The new regulations, which implement the Biocidal Products Directive (BPD) (98/8/EC), require biocidal products marketed in the EU after 14 May 2000, to be authorised. Products marketed in the EU before this date may continue to be sold until their active substance has been reviewed. This review process is currently on-going. Producers and formulators have until March 2002 to notify the Commission of products to be included in the review programme.
(SO, 16 March 2001)
The HSE has published a booklet entitled "A simple guide to the Biocidal Product Regulations". The BPR are aimed at protecting humans, animals and the environment and harmonising the European market for biocidal products and their active substances. Both users and suppliers of biocidal products to the British market have duties under BPR. The HSE is producing further guidance on the BPR which should be available later in 2001.
(HSE, January 2001)
PVC
The DETR is seeking comments from stakeholders on a study comparing the life cycle assessment of PVC with alternatives materials, including risk and economic related factors. The study, carried out by consultants Entec UK and Ecobalance UK for DETR, found that in terms of environmental performance, PVC did not always perform any worse than alternatives materials. It performed considerably better than aluminium in rainwater pipes and was marginally superior to polystyrene in collection trays. For flooring, it was only marginally worse than linoleum, although it was considerably worse than wood in window frames. The study also concluded that PVC's external costs tended to be higher than those of alternatives, but qualified this by suggesting that the costs were insignificant. Responses to the study are sought by 13 June 2001 and will be used by DETR to prepare its policy on PVC. Environmentalists have attacked the study, claiming that it failed to address the main issues. The environmental impacts of PVC are currently being reviewed by the European Commission and a recent green paper suggests that legislation might be imminent to control its use for certain applications.
(DETR, 14 March 2001)
Radioactivity
Many organisations in the UK carry out regular monitoring of radiation levels in the environment. Such programmes may be carried out for a number of purposes including compliance with regulatory requirements or to check long term trends. A new report gives a summary of the programmes of which the DETR is aware, and gives details of where the reports can be obtained.
(DETR, January 2001)
Carpets and flooring
A study co-ordinated and published by Greenpeace's research arm has found high levels of a range of toxic and persistent chemicals in carpets and vinyl (PVC) flooring on sale in the UK. Key findings include significant levels of the phthalates BBP and DNIP, the insecticide permethrin, the brominated flame retardant decaBDE (BDE-209), as well as organotins. The European bromine industry has criticised the study claiming that the levels of decaBDE found in the study posed insignificant risks in to human health and the environment.
(Greenpeace, February 2001)
Retailer phase out
In an attempt to pre-empt legislation which might arise from EU policy on chemicals (see Section 7.7 - EU white paper), some retailers are removing suspect chemicals from their products. Marks and Spencer has announced that it is phasing out PVC from all its products and packaging, while both B & Q and Homebase have plans to ban hazardous chemicals from all their products within the next few years. The companies are pressing suppliers to start substituting substances over which there is concern, with safer alternatives. Although there is existing and pending legislation which will result in the phasing out of some of these products within several years, environmentalist are pushing for a more urgent response.
(The Financial Times, 12 March 2001)
European Union
Chemicals policy
The European Commission has unveiled its strategy on the future regulation of chemical substances in a white paper. Although a requirement for testing and notifying "new" substances was introduced in 1981, it excluded over 100,000 "existing" substances already on the market. As a result, there is a lack of knowledge about the environmental and health impacts of many of these existing substances. The white paper addresses this disparity, along with other shortcomings of the current system, such as the lack of incentives to develop less hazardous substitutes. It is also proposes to shift the onus for assessment from the competent authority to the manufacturing industries. A new system for assessing both existing and new chemicals called REACH (Registration, Evaluation and Authorisation of CHemicals) is introduced. Exactly which substances will be put into which category is not yet clear and will depend upon the volume manufactured and the concerns associated with it. There is also increased responsibility on downstream users who will have to supply data on the particular uses they make of a substance. Both the chemical industry body CEFIC and environmentalists have expressed disappointment with the proposals.
(COM(2001) 88, 27 February 2001)
PentaBDE
A proposal for a Directive to amend the Directive on restrictions on the marketing and use of certain dangerous substances (76/769/EEC) would take pentabromo diphenyl ether (pentaBDE) off the EU market from 1 July 2003. The measure is in response to a risk assessment study highlighting environmental concerns of pentaBDE, which is almost exclusively used as a flame retardant in foam for upholstered goods. Two other polybrominated diphenyl ethers (PBDEs), octaBDE and decaBDE, used in electrical and electronic equipment as well as in flame-retardant foam, have also been targeted in a general phase out of PBDEs in the recent proposal for a Directive for the restriction of hazardous substances in electrical and electronic equipment (RoHS). The fact that pentaBDE has been differentiated from the group as a whole, both in the RoHS Directive and in the Water Framework Directive (2000/60/EC), is likely to assist arguments for retaining octaBDE and decaBDE which are currently undergoing risk assessments.
(COM(2001) 12, 15 January 2001)
Plant protection products
A Directive (2001/21/EC) amending the Directive concerning the placing of plant protection products on the market (91/414/EEC) has been published in the Official Journal. The new Directive takes account of recent assessments of four active substances - amitrole, diquat, pyridate and thiabendazole - in accordance with the provisions laid down in Regulation (EEC) No 3600/92. Member states are required to review existing authorisations to take account of the conditions associated with the inclusion of these substances in Annex 1 of the Directive. The deadline for amending or withdrawing authorisations for plant protection products containing any of these substances as their only active component is 1 January 2006.
(OJ L 69, 10 March 2001)
GMOs
The European Commission has still to publish a formal proposal on traceability of genetically modified materials through the supply chain. It is intended that these proposals will persuade EU countries to lift the informal moratorium on new approvals of GMOs. However, this may not satisfy the member states, six of which have pledged not to grant new authorisations until laws were in place to ensure a regime of environmental liability, reliable tracing and labelling of GMOs throughout the food chain.
(The Financial Times, 16 February 2001)
