Hazardous substances 9

United Kingdom

Biocides

7.1 The HSE has issued a Fifth Fact Sheet on the Directive on Biocidal Products (98/8/EC) to brief the makers and users of active substances and biocidal products on the implementation of the Directive. The fact sheet includes a review of progress of the Directive in Europe and reports that there is now a provisional list of biocidal active substances to be covered by the Directive of more than 2,000 entries. The HSE also comment on progress on implementing the Directive in the UK and report that they are planning to publish guidance on the Directive in May. (HSE, December 1999).

GMOs

7.2 A voluntary agreement has been reached between the Government and industry on the conduct of farm-scale evaluations of GM crops for evaluations following harvesting of crops planted until 2002. The Supply Chain Initiative on Modified Agricultural Crops, a formal grouping of industry organisations representing farmers, plant breeders, the seed trade and biotechnology companies have entered into the agreement as they are keen for the results of biodiversity trials to inform public debate on GM crops. Under the agreement, there will be no general and restricted cultivation of GM crops in the UK until the farm-scale evaluations are complete with no direct commercial benefits to be sought by the consent holders. The Scientific Steering Committee will decide on any other proposals for field scale plantings, taking into account the relevance of the proposed plantings to biodiversity. (DETR, News Release, 5 November 1999)

Radon

7.3 The Building Research Establishment (BRE) has published revised guidance to protect new homes from radon gas in affected areas of England and Wales. Published as the 1999 edition of "BR 211 Radon Guidance on Protective Measures of a New Dwelling", it includes details of measures that must be incorporated into new buildings and defines the geographical areas where radon protection is necessary. In addition to Cornwall, Devon and parts of Somerset, Northamptonshire and Derbyshire, additional areas have been identified in parts of the Yorkshire Dales, Wales, South Oxfordshire, Midlands, Northamptonshire, Gloucestershire, the Lake District and Northumberland. The new guidance will be compulsory from 14 February 2000. (BRE, November 1999)

Asbestos

7.4 The Asbestos (Prohibitions) (Amendment) Regulations 1999 (SI 1999 No. 2373) and the Asbestos (Prohibitions) Amendment) (No. 2) Regulations 1999 (SI 1999 No. 2977) came into force on 24 November 1999 to implement Directive 99/77/EC, banning the use of chrysotile (white) asbestos. The Road Vehicles (Brake Linings Safety) Regulations 1999 (SI 1999 No. 2978) also came into force on 24 November 1999 banning the supply and fitting to most vehicles of asbestos brake linings. Proposals on managing existing asbestos in workplace buildings are expected to be published early 2000. (SO, November 1999)

Controls on Injurious Substances

7.5 The Environmental Protection (Controls on Injurious Substances) Regulations 1999 (SI 1999 No. 3244) came into force on 29 December 1999. The Regulations implement the fourteenth amendment to EC Directive 76/769/EEC restricting the marketing and use of certain dangerous substances and preparations (94/60/EC) and prohibit the placing on the market of wood treated with substances or preparations containing one or more substances listed in the Schedule to the Regulations at more than a specified concentration. The Schedule includes creosote, creosote oil, tar acids and anthracene oil. The Regulations also prohibit the use of treated wood in certain circumstances, with some exceptions for old treated wood. (SO, December 1999)

European Union

Phthalates

7.6 The Emergencies Committee of the General Product Safety Directive voted unanimously in favour of an emergency ban on certain childcare articles made of PVC containing phthalates intended to be placed in the mouth by children under three years of age. A Commission Decision has been published in the OJ on 9 December 1999, which took effect ten days later and remains in force until 8 March 2000. The decision applies to toys and childcare articles made of, or in part made of, soft PVC containing more than 0.1% by weight of one or more of the following phthalates: di-isononyl phthalate (DINP), di (2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP), di-iso-decyl phthalate (DITP), butyl benzyl phthalate (BBP) and dibutyl phthalate (DBP). This is the first time that the Commission has instigated an immediate ban under the General Product Safety Directive. The Decision comes despite revelations that scientific opinions from the EU Scientific Committee on Toxicology, Eco-toxicology and the Environment had been wrongly used to support the ban. The Scientific Committee had warned of the dangers of substituting one perceived threat for another when there is a substantial lack of scientific data known about alternatives to phthalates. (The Financial Times, 23 November 1999, OJ L315, 9 December 1999)

GMOs

7.7 The Environment Commissioner, Margot Wallström, has announced that she is prepared to ask Environment Ministers to authorise GM products approved by scientists if companies accept tougher licensing conditions earlier than EU legal obligations. This initiative is an attempt to end the effective 18-month moratorium by the EU on licensing genetically modified products. The move has been welcomed by the USA which has lobbied strongly against the EU's position over GM products. The EU has licensed no new GM foods since April 1998 and there have been fears that a prolonged block on licensing would leave the EU open to a legal challenge from bio-technology companies. Changes in legal requirements for GM licensing are due to be approved by Environment Ministers in the summer but will be unlikely to become law for at least two years. (The Financial Times, 23 November 1999)

Hazardous Chemicals

7.8 The Commission is continuing its work reviewing EU policies and approaches concerning the dangers of hazardous chemicals and is hoping to present a Communication by summer 2000. The work of the Commission is currently focusing on reviewing existing chemicals, reviewing problematic chemicals such as persistent, bio-accumulative and toxic substances and reviewing resources and structures needed to build a more successful approach. There has been growing public concern over the health risks associated with certain chemicals and the Commission will be addressing the redefinition of the responsibility of industry and the public regulator, the burden of proof, risk assessment, the precautionary principle and endocrine disrupters. (European Commission, December 1999)