Environment law update: Hazardous substances 6

United Kingdom

Plant protection products

The Plant Protection Products (Amendment) (No 2) Regulations 2002 (SI 2002 No 1460) came into force on 1 July 2002. These Regulations revoke the Plant Protection Products (Amendment) Regulations 2002 (SI 2002 No 526). They further amend the Plant Protection Products Regulations 1995 (SI 1995 No 887), which implement the Directive concerning the placing of plant protection products on the market (91/414/EEC), in order to implement a Directive adding the active substances glyphosate and thifensulfuron-methyl to Annex I of the Directive (2001/99/EC) on 1 July 2002. The new Regulations also on 1 October 2002 amend the definition of the Directive in the 1995 Regulations so as to add a Directive relating to 2,4-dichlorophenoxy acetic acid (2001/103/EC) to the definition. They will further amend the definition on 1 January 2003 so as to add a Directive relating to isoproturon (2002/18/EC) to the definition of the Directive.
(SO, 30 May 2002)

Pesticides

Comments are being sought on proposals for new arrangements governing the approval and regulation of parallel imports of pesticides. Parallel imports are products purchased in markets outside the UK, which are identical to products already approved for sale, supply, storage and use in the UK. The new arrangements are intended to replace the existing ones issued in February 1994. Once the Pesticide Safety Directorate (PSD) is satisfied that imports are identical to a UK approved product it can issue an approval for marketing or use in the UK. The new proposals are designed to address a number of practical and legal issues that have arisen since the 1994 arrangements came into operation and seek to incorporate a number of court decisions. The consultation closed on 30 August 2002 and comments are being taken into account in preparing a final version of the arrangements.
(PSD, July 2002)

Dangerous substances and preparations

The Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 have been further amended by the Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) Regulations 2002 (SI 2002 No 1770). The new amending Regulations remove the derogation relating to paraffin to which a colouring agent has been added solely to distinguish it for safety reasons from another liquid substance or preparation, which is intended for any use other than as a fuel in decorative lamps. The amendment is necessary to implement a Directive adapting to technical progress for the fourth time Annex 1 to Directive 76/769/EEC (97/64/EEC) for the prohibition on the supply of certain dangerous substances and preparations which can be used as fuel in decorative lamps and which contains a colouring agent.
(SO, 10 July 2002)

European Union

Plant protection products

The European Commission has announced that around 320 plant protection products, including insecticides, fungicides and herbicides are to be withdrawn from the market in 2003. The move has resulted from an evaluation of active substances in plant protection products. Users, wholesalers and retailers of these products will need to be aware of whether products in which they have an interest will be withdrawn. It follows the notification procedure set up by the Commission in 2000 to 2001, which requires manufacturers to prove that their products are safe to use. The products withdrawn are those that manufacturers declined to defend.
(European Commission Press Release, 4 July 2002)

Nonylphenol, nonylphenol ethoxylate and cement

The European Commission has issued a proposal for a Directive placing restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement. Nonylphenol and ethoxylates are used to produce resins, plastics, detergents and paints. The compounds would be banned in industrial and domestic cleaning, leather, textile and metal processing, pulp and paper production and in cosmetics and personal care products. However, their use would continue to be permitted in cleaning and processing where the substances are fully recycled or destroyed. The Directive would also require that cement containing more than 2 parts per million hexavalent chromium be taken off the market. Once implemented, the proposals are likely to enter into force in mid 2004. The proposal is made as a 26th Amendment to the Marketing and Use Directive (76/769/EEC).
(COM (2002) 459, 16 August 2002)

Azocolourants

A Directive banning the use of certain azodyes in textile and leather goods coming into contact with the skin has been published in the Official Journal. These dyes can potentially release arylamines which have been linked to causing cancer. The measure, which is effective from 11 September 2003, amends for the 19th time the Marketing and Use Directive (76/769/EEC). The provisions are also designed to harmonise legislation across the EU.
(OJ L 243, 11 September 2002)

COMAH

The European Commission has published an amended proposal for a Directive on the Control of Major Accident Hazards (COMAH) involving dangerous substances. The proposal is intended to amend the previous COMAH Directive (96/82/EC) – the so called Seveso II Directive aimed at the prevention of major accidents by implementing a high level of protection throughout the EU. The amended proposal is not intended to be a fundamental revision of the 1996 Directive as it has only been in force for 3 years and the Commission does not yet have sufficient feedback to assess any problems encountered in applying the Directive. The Commission issued its amended proposal after the European Parliament had called for a significant revision of the Directive in its reading of the original proposal. The new proposals introduce modifications in the light of a recent explosion at an installation in Toulouse, France, including several relating directly to ammonium nitrate.
(COM (2002) 540, 26 September 2002)

International

Endocrine disrupting chemicals

The World Health Organisation has published a survey of scientific evidence relating to endocrine disrupting chemicals. Its conclusions, that the evidence for adverse effects on human health caused by exposure to these chemicals is generally week, are unchanged from a draft released in May 2002. Nevertheless, it calls for further research and information before any conclusive links can be ruled out. The report does however, conclude that there is substantial evidence that adverse affects have occurred in some wildlife species. Many common household products including electrical goods, plastic bottles, food cans and disposal nappies, contain suspected endocrine disrupting chemicals. A range of potential health effects have been previously suspected in humans, including early puberty, breast and testicular cancer, altered immune function and reproductive effects such as altered sex ratios.
(WHO, August 2002)

Mercury

The United Nations Environment Programme (UNEP) has concluded that action needs to be taken at international level to phase out mercury after its analysis revealed significant risks from release to the environment. A working group on mercury is aiming to create an international legally binding treaty to reduce its use. The UNEP is calling for measures to reduce the use of mercury, including greater use of safer substitutes and improved management of mercury waste.
(UNEP, September 2002)

For further information please contact Paul Sheridan on +44 (0)20 7367 2186 or at [email protected]