In June the European Court of Justice
annulled the Uniform Principles Directive, 94/43 (OJ L227 31-55). The European
Parliament brought a complaint because it was unhappy that the Council of
Ministers had, without consultation, changed the duties on member states in
respect of pesticides in water. These duties are set out in the framework
Directive for the registration of plant protection products 91/414 and also in
the Drinking Water Directive 80/778. The Court agreed and annulled the Uniform
Principles Directive.
The effect may not be noticeable. The framework Directive
provides for active ingredients to be approved at the level of the European
Union (EU); and the Uniform Principles set out the way approvals of formulated
products containing the active ingredients are then approved by member states.
No active ingredients have yet been approved at the EU level-although some are
on their way-and it will be some months, if not years, before member states
will be able to use the Uniform Principles to approve products. Perhaps it will
have been worth it if the principle of consultation is included within the
Uniform Principles.
Ministry of Agriculture, Fisheries and
Food, Circular, Environmental Protection Division, Nobel House, 17 Smith Square,
London SW1P 3JR, 21 June 1996.
[This
article first appeared in Pesticides News No. 33, September 1996,
page 7]