On 20 September we heard the disappointing news that the EU Appeal Committee refused the current application for the approval of the herbicide Asulam. The NFU released a press release at the time setting out our immediate reaction, which can be viewed here.
The product was refused on the basis of weaknesses in the data supplied by the applicant company and the fact that there was not enough support from other Member States to overturn a ban under the EU’s pesticides regulation. This news follows a reprieve for the product earlier this year as a result of a blocking minority of six member states including the UK and continued lobbying from both by the NFU in Brussels and the UK Government for its continued approval.
Why is Asulam important?
Asulam (the active ingredient sold in products such as Asulox) is a post-emergence systemic herbicide used as they key chemical to control bracken. There is a lack of alternative control methods because it is the only product cleared for aerial application and the only selective herbicide on the market for bracken in the UK. The only other herbicide currently approved on bracken is glyphosate, which is non-selective and cannot be applied aerially. You can read a further information update regarding the commercial importance of the product which was produced earlier this summer here.
Key points:
There are two important deadlines to consider:
• The final date for products containing Asulam to be sold or supplied is 31 December 2011.
• The deadline for the storage and use of the product is 31 December 2012.
In short, those wishing to use Asulam next year will need to make sure that they have made the necessary arrangements to obtain a supply of the product on or before 31 December 2011. Importantly, members are advised to contact their distributor, aerial applicator or contractor by the end of October this year in order to allow sufficient time for orders to be placed and received before this deadline.
Where to go to get further information?
The loss of Asulam may cause concern to members, particularly in areas where bracken control is an issue. If members have any specific questions that not covered in this brief regarding the exact operation of the grace periods for marketing and use of stocks, it’s recommended that they contact the Communications Branch at the Chemicals Regulation Directorate of HSE:
telephone 01904 455775
or
email to pesticides@hse.gsi.gov.uk
What next?
• Will there be an opportunity for a new application for approval to be submitted?
If Asulam continues to be supported and a new application for approval is submitted, it is likely to take at least 4 years before a decision on approval is taken in the EU. The good news is that the NFU attended a constructive stakeholder meeting on 29 September where United Phosphorous Limited (UPL) stated that they would continue to support the re-registration of the product. They also stated that they would be generating the relevant data to support an application for European approval so that they can continue to supply the product in the future.
• Will there be any stop-gap provisions in place for continued use?
The Government has made it clear that it would be prepared to consider applications for emergency authorisations to help bridge the gap between the expiry of the current approval and the eventual granting of a new one. An emergency authorisation is a provision in the EU rules that allows Member States to deal with particular problems by allowing the use of a pesticide not normally permitted. The EU legislation requires that the authorisation should be for a period not exceeding 120 days and for “limited and controlled use, where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means”. UPL and stakeholders including the NFU are committed to working together to secure this 120 day emergency national authorisation for the 2013 season, and all subsequent seasons until full EU re-authorisation for Asulam can be achieved
The HSE’s Chemicals Regulation Directorate (CRD) are now considering exactly how such an emergency authorisation can best be pursued so as to minimise the burden and to ensure that it is fit for use.
What has the NFU being doing?
o Working with all interested bodies in the UK to raise the concern and influence CRD
o Alerting Copa-Cogeca and directly contacting key farming unions in other Member States
o Met directly with the Commission to discuss options
o Working with the manufacturer and other stakeholders to look at future options.
We will keep you posted as we hear further information.
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