02.09.2015 Views

Advisory Committee on Pesticides Annual Report 2001

ACP Annual Report 2001 - Pesticides Safety Directorate

ACP Annual Report 2001 - Pesticides Safety Directorate

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Secti<strong>on</strong> E: UK Review Programme<br />

operators in the agricultural sector. The c<strong>on</strong>sumpti<strong>on</strong> of produce already<br />

treated with dichlorvos (sourced from within or outside the UK) would not<br />

raise the same level of c<strong>on</strong>cern since the levels of dietary exposure (based<br />

<strong>on</strong> food residues m<strong>on</strong>itoring data) were c<strong>on</strong>sidered minimal.<br />

Alternatively, if COM c<strong>on</strong>cluded that dichlorvos was an in-vivo mutagen, but<br />

that the tumours observed in animal tests did not result from a genotoxic<br />

mechanism, or if it could not c<strong>on</strong>firm that dichlorvos was an in-vivo mutagen,<br />

or it took the view that dichlorvos was not an in-vivo mutagen, the ACP’s<br />

previous recommendati<strong>on</strong>s would be maintained.<br />

Following c<strong>on</strong>siderati<strong>on</strong> of all the available mutagenicity data, and comments<br />

from the data owners, the COM c<strong>on</strong>cluded that dichlorvos should be regarded<br />

as an in-vivo mutagen at site of c<strong>on</strong>tact, and that it could not exclude the<br />

possibility of it acting as a genotoxic carcinogen. It finalised a statement <strong>on</strong><br />

30 July <strong>2001</strong>. The ACP c<strong>on</strong>sidered the COM advice, and whilst they recognised<br />

that any risks from exposure would be low, they agreed that the possibility<br />

of genotoxic carcinogenicity could not be excluded. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> therefore<br />

recommended to Ministers that, as a precauti<strong>on</strong>ary measure, it would be<br />

prudent to revoke, with immediate effect, all agricultural and n<strong>on</strong>-agricultural<br />

uses of dichlorvos.<br />

45<br />

Before such regulatory acti<strong>on</strong> could be carried out, AMVAC Chemical UK Ltd<br />

(an approval holder) obtained an injuncti<strong>on</strong>, which prevented regulatory<br />

acti<strong>on</strong>. Government agencies were also prohibited from making any<br />

announcement to the public about the regulatory acti<strong>on</strong> that was proposed.<br />

The approval holder also gained permissi<strong>on</strong> for a judicial review, which was<br />

heard in November <strong>2001</strong>.<br />

The grounds for the challenge were that AMVAC had not been properly<br />

informed of the proposed regulatory acti<strong>on</strong> or the basis for it, and had not<br />

been given sufficient time to make representati<strong>on</strong>s. AMVAC also claimed that<br />

Ministers had not given proper regard to the precauti<strong>on</strong>ary principle and to<br />

the European C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> Human Rights.<br />

The judgement of the Court was issued <strong>on</strong> 3 December <strong>2001</strong>. Mr Justice Crane<br />

rejected most of the company’s submissi<strong>on</strong>s, including those c<strong>on</strong>cerning the<br />

precauti<strong>on</strong>ary principle and the C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> Human Rights. However, he<br />

ruled that the company had been given insufficient time to resp<strong>on</strong>d to the<br />

c<strong>on</strong>clusi<strong>on</strong>s of the Government’s expert advisers prior to regulatory acti<strong>on</strong><br />

being taken. He accepted that the matter was urgent but c<strong>on</strong>sidered that the<br />

claimant had now had full opportunity to present any further material.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!