The UK Pesticides Safety Directorate (PSD) issues a third Regulatory update regarding the authorisation status of paraquat in the United Kingdom.

Accordingly:

1. authorisation is suspended from 12 September 2007 for the advertisement, sale, supply, and use of products containing paraquat by authorisation holders and their agents;
2. authorisation remains permitted for storage by any persons and for the advertisement, sale, supply and use of existing stocks, by persons other than the authorisation holder or their agents.
3. We anticipate that such authorisation will end on 11 July 2008 unless a further decision is taken by the Commission.

While the UK position on paraquat remains significantly less proactive than those of Germany, France and the Netherlands, the new regulatory update nevertheless represents another step towards the removal of paraquat from European agriculture.

UK Pesticides Safety Directorate, Regulatory Update 31/2007

The Dutch Board for the Authorisation of Pesticides (CTB) announces the revocation of authorisation for paraquat. Sales of pesticides containing paraquat must end before the 1 October 2007. Existing stocks can not be used beyond the 1 December 2007.

In the accompanying press release the CTB states that the European Commission has asked member states to cancel all authorisations for paraquat and to apply a termination period for existing stocks of 1 year maximum.

Dutch Board for the Authorisation of Pesticides, Press Release

2 August 2007

The UK Pesticides Safety Directorate decides to delay its revocation of authorisation for paraquat whilst it seeks clarification with the European Commission as to whether the ruling from the European Court of First Instance requires authorisations to be revoked immediately, or at the end of the period allowed for appeals.

UK Pesticides Safety Directorate, Regulatory Update 21/2007

The French Ministry of Farming and Fishing suspends the sale and use of pesticides containing paraquat. The Ministry's decision takes immediate effect, and applies to all pre-existing stocks containing the herbicide.

French Ministry of Farming and Fishing, Legal Declaration

  
19 July 2007

   
The UK Pesticides Safety Directorate (PSD) responds to the annulment of 2003/112/EC, and declares that the ruling carries the following immediate implications:

• no new authorisations for products which contain paraquat can be issued;
• existing authorisations for products which contain paraquat must be revoked with a limited wind-down period.

Accordingly, the PSD initiates the preparation of revocation Notices for all products containing paraquat, pledging that the documents to be issued as soon as possible will take revocation action as set out below:

• authorisation will be revoked for the advertisement, sale, storage and use of product (i.e. immediate revocation for authorisation holders and their agents);
• authorisation will be given for storage by any persons and for the advertisement, sale, supply and use of existing stocks, by persons other than the authorisation holder or their agents, until 11 July 2008.

UK Pesticides Safety Directorate, Regulatory Update

   
13 July 2007

   
Following the annulment of 2003/112/EC, the German Federal Office of Consumer Protection and Food Safety (BVL) suspends authorisation of Gramoxone Extra, a herbicide containing paraquat. The decision, which takes immediate effect, renders both the sale and use of the product illegal, and applies to all pre-existing stocks.

According to a press release issued on 17th July, and based on the decision of the European Court, the BVL declares that member states are no longer permitted to register paraquat containing pesticide products.

In the same document, the BVL announce their intention to deliver a total revocation of the authorisation of paraquat should the EU Commission fail either to lodge an appeal against the annulment of 2003/112/EC, or to initiate a comprehensive re-assessment of the environmental and human health impacts of paraquat of the kind required under 91/414.

'BVL lässt Zulassung für paraquathaltige Pflanzenschutzmittel ruhen', Bundesamt für Verbraucherschutz und Levensmittelsicherheit

The European Commission 'Standing Committee on the Food Chain and Animal Health', issues an instruction to member states that, given the European Court of First Instance’s annulment of the authorisation for paraquat, and its subsequent removal from Annex 1 of 91/414, member states should remove paraquat from the market and revoke its authorisation. Furthermore, on the basis of article 4, paragraph 6 of 91/414, member states may grant a period of grace for the use of existing stocks.

[NB - PAN Europe only gained access to this document following its publication shortly after 8 August 2007.]

Summary Report of the Standing Committee on the Food Chain and Animal Health, for July 12-13

   
11 July 2007

   
Based on its assessment that the Commission's handling of the authorisation of paraquat did not satisfy the applicable procedural requirements, and that Directive 2003/112 fails to satisfy the requirements of protection of human and animal health, the European Court of First Instance finds in favour of the Kingdom of Sweden, and duly annuls Directive 2003/112, thus revoking authorisation for paraquat. In it's summary of the case the Court notes:

• although there are studies on the link between paraquat and Parkinson's disease, they were never referred to by the notifier;
• the statement contained in the Commission's assessment report to the effect that there are no indications of neurotoxicity associated with paraquat constitutes a handling of the file which does not satisfy the procedural requirements;
• assessments of negative impact of paraquat on the health of wildlife included assessments of just two of 14 types of use envisaged by the notifier.

'The Court of First Instance Annuls The Directive Authorising Paraquat As An Active Plant Protection Substance', Court of First Instance of the European Communities, 11 July 2007

   
28 November 2005

  
The legal challenge mounted by EEB et al. collapses as the Court of First Instance dismisses their case as inadmissible. The Court hears none of the environmental evidence and instead throws out the case on the basis that none of the trade unions or NGOs involved has adequate standing to request an annulment on the basis that they are not individually affected by the legislation.

Order of the Court of First Instance (Second Chamber) 28 November 2005 (Action for annulment - objection of inadmissibility - Directive 2003/112/EC - Standing to bring proceedings) in Case T-94/04
   

   
27 February 2004

  
The EEB, PAN-Europe, IUF, EFFAT, SSNC, and Stichting Natuur Milieu also decide to challenge the Commission's decision to grant EU-wide approval for paraquat by filing a law suit (Case T-94/04) with the European Court of First Instance to request the annulment of Directive 2003/112. The coalition contends that in authorising the use of paraquat the Commission acted in violation of the precautionary principle in matters of environmental policy, and in contravention of Directive 91/414.

'Action brought on 27 February 2004 by the EEB, PAN-Europe, IUF, EFFAT, Stichting Natuur en Milieu, and Svenska Naturskyddsföreningen against the Commission of the European Communities' [Case T-94/04], Official Journal of the European Union 2004, C106/158 (30/04/2004)

Syngenta seeks to prolong sales of the herbicide by acting as the intervener in support of the Commission.

'Order of the Court of First Instance of 28 November 2005 - European Environmental Bureau (EEB) and Others v Commission of the European Communities' [Case T-94/04], Official Journal of the European Union 2006, C48/63 (25/02/2006)

  
26 February 2004

  
The Kingdom of Sweden, supported by Denmark, Austria and Finland brings an action for annulment of Directive 2003/112/EC before the Court of First Instance, on the basis of procedural shortcomings, as well as failure to protect the environment and human and animal health (Case C102/04).

'Action brought on 27 February 2004 by the Kingdom of Sweden against the Commission of the European Communities [Case C-102/04]' Official Journal of the European Journal 2004 C106/24 (30/04/2004)
   
Action under Article 230 EC, Ministry of Foreign Affairs, Kingdom of Sweden, (26 February 2004)

  
1 December 2003

   
Amid protests from the environmental lobby the Commission adopts Directive 2003/112 including paraquat in Annex I as an authorised substance, thus granting EU-wide approval for paraquat. Sweden, together with the other EU countries with pre-existing bans on the use of paraquat, resists the move and instead launches a legal bid to have the Directive reversed.

Commission Directive 2003/112/EC of 1 December 2003 amending Directive 91/414 to include paraquat as an active substance (OJ 2003 L 321 p.32)
   

  
12 June 2003

  
The EEB, PAN Europe and SSNC call upon the European Ministers for the Environment and the Commission not to include paraquat in Annex I to Directive 91/414 on the grounds that poses a serious and irreversible health threat to those agricultural workers regularly exposed to it. On 25 September 2003, the EFFAT makes the same request to the members of the European institutions.

'Environmental NGOs Call for Ban on Paraquat', Press Release, European Environmental Bureau (12/06/2003)
    

  
June 2000 - July 2003     

The dossiers submitted by the agrochemicals manufacturers, together with the United Kingdom's report, the technical experts' report, and the comments and clarifications from Zeneca Agrochemicals (now Syngenta), are referred to the Standing Committee on the Food Chain and Animal Health, and specialised working groups on this committee for final examination, with the participation of experts from the 15 Member States. The final examination is concluded in the meeting of the Standing Committee on 3 October 2003.

Review report for the active substance paraquat. Finalised in the Standing Committee on the Food Chain and Animal Health at its meeting on 2 October 2003 in view of the inclusion of paraquat in Annex I of Directive 91/414/EC, European Commission, Health and Consumer Protection Directorate-General (3 October 2003)
 

     
30 November 2000

   
Following the merger of Swedish pharmaceutical company Astra AB with Zeneca Group PLC to form AstraZeneca in 1999, the firm merges with Swiss company Novartis to form Syngenta the first global group focusing exclusively on agribusiness. Syngenta grows to become one of the world’s largest manufacturers of pesticides and other agricultural inputs recording annual sales of over US$ 8 billion and with representatives in some 90 countries.

About Syngenta: Syngenta Company History (27/07/2007)
   

  
April - July 1997

 
A team of technical experts co-ordinated by Germany's Federal Biological Research Centre for Agriculture and Forestry (BBA), conduct an intensive consultation to review the report of the United Kingdom and the comments received thereon. The experts' report is submitted and circulated to the Member States and Zeneca Agrochemicals on 30 July 1997 for comments and further clarification.

Review report for the active substance paraquat. Finalised in the Standing Committee on the Food Chain and Animal Health at its meeting on 2 October 2003 in view of the inclusion of paraquat in Annex I of Directive 91/414/EC, European Commission, Health and Consumer Protection Directorate-General (3 October 2003)

  
31 October 1996

  
United Kingdom submits to the Commission the report of its examination, which includes, as required, a recommendation regarding the possible inclusion of paraquat in Annex I to Directive 94/414. The Commission later receives the summary dossier on paraquat from Zeneca Agrochemicals on 26 February 1997.

Review report for the active substance paraquat. Finalised in the Standing Committee on the Food Chain and Animal Health at its meeting on 2 October 2003 in view of the inclusion of paraquat in Annex I of Directive 91/414/EC, European Commission, Health and Consumer Protection Directorate-General (3 October 2003)

  
31 October 1995

Zeneca Agrochemicals, United Phosphorus Ltd, Barclay Chemicals Ltd, and Marubeni UK plc each submit a dossier to the United Kingdom in its capacity as rapporteur Member State. Zeneca is the main data submitter.

Review report for the active substance paraquat. Finalised in the Standing Committee on the Food Chain and Animal Health at its meeting on 2 October 2003 in view of the inclusion of paraquat in Annex I of Directive 91/414/EC, European Commission, Health and Consumer Protection Directorate-General (3 October 2003)

   
29 July 1993

   
A group of 12 agrochemicals manufacturers notify the European Commission of their wish to secure the inclusion of the herbicide paraquat in Annex I of Directive 94/414, thus legalising its sale and application within the European Union. Principal among these firms is Zeneca Agrochemicals, a newly demerged subsidiary of ICI. The Commission appoints United Kingdom as rapporteur Member State to carry out the assessment of paraquat on the basis of the dossiers submitted by the notifiers.

Review report for the active substance paraquat. Finalised in the Standing Committee on the Food Chain and Animal Health at its meeting on 2 October 2003 in view of the inclusion of paraquat in Annex I of Directive 91/414/EC, European Commission, Health and Consumer Protection Directorate-General (3 October 2003)

   
31 December 1983

   
Sweden bans the use of paraquat owing to its highly acute toxicity, and irreversible impact on human health. Paraquat is later banned or withdrawn by several other European countries including:  

• Switzerland (20/11/2002)
• Slovenia     (13/07/1997)
• Denmark     (01/07/1995)
• Austria       (01/01/1993)
• Hungary     (30/09/1991)
• Finland       (30/08/1986)

Legal status of paraquat in different countries, Berne Declaration

   
1962

   
Paraquat is first marketed as a commercial herbicide in 1962, under the brand name 'Gramoxone', by ICI - a legacy company of Syngenta who discovered the chemical's powerful herbicidal properties in 1955.

History of Paraquat, Paraquat Information Centre