EU Biocides Directive progress

The proposed EU Directive on the placing of biocidal products on the market, known to its friends as the biocides directive, will regulate the estimated 100,000 chemicals used as non-agricultural pesticides, preservatives, disinfectants and other chemicals which are not currently covered by existing legislation. The European market for biocides is thought to be worth 300-350 million ECU annually, compared with 11 billion ECU for the agricultural pesticides market.
    The first draft, prepared in 1991 has periodically lain dormant or been under discussion ever since, depending on the interest of the incumbent president of the EU in the directive. Spain, which held the presidency until the end of 1995, and now Italy are keen on the biocides directive and significant progress has been made in recent months.
    In February 164 amendments were put down by the environment committee of the European Parliament (EP). Following debates 14 amendments were approved. The chemical industry which has been lobbying hard for certain changes will be disappointed with these amendments.

• Rather than making approval of biocidal products automatic in all EU Member States after one Member has given its approval, the environment committee recognised the right of Members to apply stricter standards in order to protect health and the environment. It will therefore not be possible for manufacturers to register products in States with a reputation for easy approval and gain approval in all Member States. Every application for approval will need to be supported by ‘sufficient documentation’. Member States will also be allowed to use economic instruments to encourage reduced use of pesticides.
• Industry called for greater and longer periods of data protection to guard their commercial interests in new products. The EP decided that since data protection periods in the biocides directive are already five years longer than those in the agricultural pesticides directive, no change was necessary.
• Industry, with the support of some Member States including the UK, opposed comparative assessment of products. This means products for which a less hazardous and equally effective alternative is available can be refused approval. The clause has been retained and made even easier to implement.
• An amendment calling for minimisation of testing on animals by using appropriate alternative techniques has been approved as has one encouraging data sharing which would have similar effects.
• A new amendment requiring products for amateur use to be fitted with safety lids has also been included.

In effect many of the issues raised by the Pesticides Trust [now PAN UK] and discussed at the UK Health and Safety Executive working group on the biocides directive have now been addressed by the EP environment committee.

Reports from the European Parliament 1995-96.