Pesticides are valuable economic tools but they may present risks to people and the environment if they are not formulated and used safely. Defra’s pesticide policy aims to minimise risk without losing the benefits.

The law requires that only government approved pesticides shall be sold, supplied, stored, advertised or used. These approvals are granted by the Chemicals Regulation Directorate (CRD) of the Health and Safety Executive (www.pesticides.gov.uk) on behalf of government under a range of specific pesticide related legislation. Approval is only granted if a comprehensive risk assessment establishes that use of the product will not pose unacceptable risks to people or to the environment.

• Pesticides policy

Following a consultation earlier in 2011 the following regulations come into force on the 24 September 2011:

• Plant Protection Products Regulations 2011
• Plant Protection Products (Fees and Charges) Regulations 2011
• Summary of responses to the plant protection products regulations 2011 consultation

This completes work to give effect to Regulation 1107/2009 in the UK.  Work on transposing and implementing the Directive on the Sustainable use of Pesticides (2009/128/EC) – the other key part of the EU Thematic Strategy on Pesticides – is outlined below.

Transposition of Directive 2009/128 on Sustainable Use of Pesticides

Directive 2009/128 establishes a framework for Community action to achieve the sustainable use of pesticides. The UK is required to implement the Directive and the Government’s approach was set out in the response to a major public consultation undertaken in 2010. The Government will make those changes necessary to ensure that the UK’s regulatory regime for pesticides (plant protection products) complies with the requirements of the Directive.

This is consistent with the Government’s public commitment to avoid unnecessary regulation. The Government announced the “Guiding Principles for EU Legislation” on 15 December 2010 which apply to the transposition of all Directives, and which aim to ensure that burdens are minimised and that UK businesses are not put as a disadvantage relative to their European competitors.

The UK’s comprehensive controls on the marketing, use and storage of pesticides, which have been in place since the 1980s, mean that standards for the protection of human health and the environment are already among the highest in the EU. Consequently, additional regulation will be introduced only in the few areas where this is necessary to bring the UK regime into line with the Sustainable Use Directive.

The Government will continue to support the UK’s extensive voluntary arrangements, such as the Voluntary Initiative for pesticides which has been instrumental in developing and promoting good practice in the UK for 15 years. This approach will protect people and the environment, while ensuring that UK businesses are not disadvantaged relative to their European counterparts.

The Government has been pressed by a range of industry and other stakeholder organisations to consider going beyond the strict requirements of the Directive in one area, retaining the existing UK requirement that those who work with plant protection products must be trained and must hold a certificate of competence. The Government  is considering the arguments that have been put forward, and will come to a collective view on this as it finalises the transposing legislation.

Next steps

Government policy on implementing European Directives is clear that consultation is appropriate only where there is scope to influence the policy outcome. In the case of the Sustainable Use Directive, the policy approach has already been decided in relation to the vast majority of issues, following a full consideration of the responses to the formal consultation carried out last year. 

It has therefore been concluded that the initial plan to hold a second consultation, on the draft regulations themselves, would serve little purpose. Indeed, it could potentially place an unnecessary additional burden on stakeholders, particularly given that it is also the Government’s intention to ask stakeholders to contribute to the drawing up of a National Action Plan under the Directive. 

Alongside the limited value of a further consultation, the Government believes that time constraints are also a factor to be taken into account, particularly given that the transposing Regulations will not be made by the November deadline for transposition.

Having weighed up all these factors, the Government has decided that there will be no further formal consultation. Work on transposing the Directive into UK law is currently underway and will be carried through as rapidly as possible.