UK exits the EU (Notices to Business Operators)

I posted earlier re Medicines. The European Commission has now issued Notices to Business Operators in the following areas :

(1) GMOs – the Notice is here (this post will be updated when the Q&A is available). 

(2) Biocides – the Notice is here and the Q&A is here

(3) Pesticides and Plant Protection Products – the Notice is here and the Q&A is here.

Please pay close attention as the requirements differ with each legal instrument (topic). 

Glyphosate (UK) Regulatory Query

UPDATE (June 2016) : The European Commission has adopted an eighteen month extension of its current approval. 

Press Release is here.

The legal position (set out below) in the UK is unchanged. Please note : some Local Authorities may trial alternatives for use in parks and gardens (eg Bristol).

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Glyophosate is regulated in the UK as a pesticide. Under European Union (EU) rules, pesticides are only approved for use if a scientific assessment has identified no unacceptable risks to people or the environment. The EU current approval of glyphosate expires on 31st December 2015.

The matter of health risks being created by use of glyphosate was raised in a recent assessment by the World Health Organisation’s latest review of cancer risks of this chemical (a main ingredient of the popular herbicide Roundup).

UK Department of Environment, Food and Rural Affairs (DEFRA) responded on 29th April 2015 as follows to a Freedom of Request:

“As part of the review of glyphosate, the regulatory authority responsible for pesticides in Germany (BfR) has assessed the relevant data to see if EU approval can continue from 2016. BfR’s assessment has been circulated to the European Food Safety Authority (EFSA) and to all EU Member States for critical review. EFSA published the assessment on its website in March 2014 for a two month public consultation and has co-ordinated a peer review, conducted in February 2015. This involved all Member States’ pesticides regulatory authorities, European Food Safety Authority, EFSA, and it’s expert advisors.

EFSA is in the process of drawing up its findings in a formal conclusion, which will be sent to the Commission for consideration. In light of this conclusion, a decision will be taken either to renew the approval of glyphosate or not. If approval is renewed, products which contain the active substance will be separately re-assessed at Member State level, to confirm that they too continue to meet the required standards of safety.

If approval is not renewed, glyphosate products will be withdrawn from the market.

In the work carried out so far under the EU review, glyphosate has been judged not to show an ability to cause cancer in humans. In addition, predicted exposures from authorised uses of glyphosate were found to be within acceptable limits for all aspects of human health.”

The full text is here.

Neonicotinoids (EU)

European Regulation (EU) No 485/2013 which restricts the use of 3 pesticides belonging to the neonicotinoids family (clothianidin, imidacloprid and thiametoxam) for a period of 2 years, is effective from 1st December 2013.

The EU Regulation is a response to the European Food Safety Authority’s (EFSA) scientific report which identified “high acute risks” for bees as regards exposure to dust in several crops such as maize, cereals and sunflower, to residue in pollen and nectar in crops like oilseed rape and sunflower and to guttation in maize.