EN Official Journal of the European Union CE 78/179

(2004/C 78 E/0186)

WRITTEN QUESTION P-2855/03

by Christopher Huhne (ELDR) to the Commission

(18 September 2003)

Subject: Biocidal Products Directive

Was it the Commission's intention in proposing and agreeing the Biocidal Products Directive BPD 98/8/EC (1) to ban the production of natural products that have been used for many years such as barley straw matting for clearing algae from domestic ponds? Does the Commission agree with the interpretation of the UK Health and Safety Executive that barley straw must be covered by the Directive, and that it must therefore undergo a full analysis of its active ingredients before it can be reintroduced to the market?

Is the Commission aware that blue and green algae, which can be toxic, are also controlled by the use of barley straw by many if not all water utilities? If this product is no longer available, what alternative means would the Commission propose for controlling toxic algae? Is the Commission aware of the side-effects of chemical solutions to the control of algae? Will the Commission propose to make any amendments or exemptions to the directive in light of these problems?

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

The Commission would like to inform the Honourable Member that the intention of Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market, as proposed by the Commission and adopted by the Parliament and the Council is to guarantee a high level of protection of human health and the environment from unintentional adverse effects of biocidal products by ensuring that only sufficiently effective products with no unacceptable effects on target organisms, humans, animals, or the environment are placed on the market.

The particular question about the treatment of Barley straw in the framework of Directive 98/8/EC has been brought to the attention of the Commission directly by the company concerned. The Commission is currently investigating the matter in close co-operation with the competent authorities of all Member States.

There are a number of rather complicated issues of technical and legal nature at stake. The definition of ‘biocidal product’ and ‘active substance’ in Directive 98/8/EC as adopted by the Parliament and the Council does not exclude that products and materials of natural origin would be covered by the provisions of the Directive, as long as the action they exert against harmful organisms is by chemical or biological means. With the initial information provided not being fully conclusive, further clarification will be necessary before a final position can be taken, also in order to avoid unwanted effects on non-target organisms.

A great number of other active substances have been notified under Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the Parliament and of the Council on biocidal products (2) that could be used for the control of algae. In line with the provisions of Article 16(2) of the Directive, these will be rigorously assessed with regard to their risks to human health and the environment in the course of the review programme for existing active substances. Only substances for which the risks are deemed to be acceptable (including side-effects on non-target organisms) will be eligible for use in biocidal products to control algae.

(1) OJ L 123, 24.4.1998, p. 1.

(2) OJ L 228, 8.9.2000.