Source: European Crop Protection Association

There are two major proposals of direct interest to the crop protection industry currently in the pipeline. These cover the replacement of the Pesticides Directive (91/414/EEC) by a new Regulation and a new Thematic Strategy and Framework Directive on Sustainable Use.

Directive 91/414 revision

In July, the Commission published its proposals for replacing the current Directive by a new Regulation (see July 2006 Perspectives). ECPA was disappointed by many of the proposed changes, which would reduce choice for farmers and introduce considerable disincentives for innovation by crop protection companies. Even more worrying was a suggestion to compare products simply on the basis of hazard, which would set a precedent for a move away from scientific risk assessment for decision making.

However, the Commission’s proposals form only the first stage of the process, and we need to look now at the next steps and the likely timescales. The formal submission of the proposals to the Council and Parliament will take place as soon as translation into all official languages has been done. The next formal step would then be the first reading in Parliament in early 2007. The amendments made by Parliament then go to the Council which will produce a “common position” later in the year.

A second round of consideration by Parliament and response by the Council then takes place, with publication of the agreed Regulation likely before the end of 2008. This formally enters into force 20 days after publication in the Official Journal, but application only starts after an 18-month transition phase. Industry will probably therefore be bound by the new legislation from sometime in 2010.

This timetable could change to some extent, with publication of the new Regulation as early as the second quarter of 2008. However, whatever the case, there will undoubtedly be significant changes in the proposals before the Regulation is enacted. This is an opportunity for ECPA and member companies to work together with farmers groups and other stakeholders in the food chain to continue the dialogue with the Parliament and Council to persuade them of the need for change.

Sustainable Use

The Commission also adopted a Thematic Strategy and a proposal for a Framework Directive on the Sustainable Use of Pesticides just before the summer break. This is an important area, where a sensible balance has to be struck between effective protection of people and the environment and freedom for the crop protection industry and farmers to operate commercially and responsibly.

Already, industry is pleased to see that its advice has been heeded and that the draft proposals no longer have references to specific use reduction targets, industry funding of elements of the Thematic Strategy or rigid, Europe-wide standards for national action plans. Manufacturers believe that a combination of efficient stewardship programmes and responsible use by well-trained farmers is a more effective path to sustainability than is an over-prescriptive and inflexible legal framework.

Nevertheless, the framework Directive proposal – which will form the legal basis for implementation of the strategy – has to go through the same procedures as the new pesticides Regulation before adoption, and changes can be introduced which could shift the balance against manufacturers. ECPA therefore recognises that it cannot be complacent.