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Minutes of ACP 346 held on 16 November 2010

The Advisory Committee on Pesticides provides independent advice to Ministers on matters relating to the regulation and use of pesticides, including applications for approval of new products and reviews of existing approvals. It usually meets in closed session (because of intellectual property and commercial secrecy considerations) approximately six times a year in York.

Those present:

Chairman: Prof J G Ayres

Members: Prof C Brown; Dr J Cocker; Ms J Dean; Dr C Harris; Prof G Hawksworth; Mr P Jackson; Dr A R Leake; Dr G M McPherson; Prof P Matthiessen; Prof C Ockleford; Dr W Parker; Dr A Povey; Dr H Rees; Prof R Smith; Dr S Waring.

Apologies: None

Written comments received from: None

Representatives from the following Departments and other organisations were present: The Chemicals Regulation Directorate (CRD), Food Standards Agency (FSA); Science & Advice for Scottish Agriculture (SASA); Welsh Assembly Government (WAG); Department of Agri-Food and Biosciences Institute Northern Ireland (AFBINI).

At its meeting on 16 November 2010, the Committee discussed the following issues:

1. Agenda Item 1: Minutes and Detailed record of discussion

1.1 a) 345th Meeting: Minutes [ACP 1 (346/2010)]

1.1.1 Agreed as drafted. (link to minutes of 345th meeting)

1.2 b) 345th Meeting: Detailed record of discussion [ACP 2 (346/2010)]

1.2.1 Agreed as drafted subject to confirmation of insertion of a link.

2. Agenda Item 2: Future of the ACP [ACP 14 (346/2010)]

2.1 Following the Coalition Government’s decision to reconstitute the ACP as an Expert Scientific Committee, Members heard that new terms of reference would be agreed, but the work of the Committee would continue as usual. It was confirmed that there may be a change in some of the Committee’s regulatory work, and there was an opportunity to review work and practices.

2.2 Members due to retire at the end of 2010 had agreed to continue in post until appropriate recruitment procedures are in place. The Committee agreed that Members should provide comments about the future work and structure of the ACP to be discussed at the next Meeting.

3. Agenda Item 2: Secretary’s report. [ACP 3 (346/2010)]

3.1 The Secretary to the Committee reported on the recommendations made at previous meetings.

4. Agenda Item 3: Matters arising

4.1 a) Application for UK provisional approval (PPPR) for Raxil Star containing fluopyram [ACP 5/2 (346/2010)]

4.1.1 Following discussions at ACP 345 when outstanding issues were discussed between Toxicology and Ecotoxicology Members, the Committee heard that outstanding toxicology data had been submitted by the applicant which were considered acceptable.

4.1.2 However, Members considered that ecotoxicology concerns relating to risks to breeding birds from exposure to the new mixture of three active substances remained unresolved. The Committee discussed a number of options for resolution that would require consideration by the applicant if they required authorisation for use of the product in the spring.

4.1.3 Members agreed to recommend approval for autumn use only.

4.2 b) The Open Meeting [ACP 11 (346/2010)]

4.2.1 Members discussed the ACP Open Meeting held on 15th November 2010, and agreed that the event had been highly successful.

4.2.2 The return to a question and answer session during the afternoon appeared popular with attendees, but Members agreed that the format of future meetings should be driven by the subject and audience.

4.2.3 The ACP agreed to investigate using the same venue for the 2011 Open Meeting.

4.3 c) Other Matters Arising [ACP 5 (346/2010)]

4.3.1 The Secretary reported on matters arising from previous meetings.

4.4 d) Modification of buffer zone distance for horizontal boom sprayers [ACP 16 (346/2010)]

4.4.1 Members considered a paper detailing changes to UK aquatic buffer zones, and supported the proposals, agreeing that this should assist harmonisation across EU Member States. The paper would be brought to the attention of the Bystander Risk Assessment Working Group (BRAWG) at its next meeting.

5. Agenda Item 5: Application for first inclusion of BAS 700 F (Fluxapyroxad) in Annex I of 91/414/EEC and for UK provisional approval (PPPR), in the product ‘BAS 700 00F’ formulated as an emulsifiable concentrate containing 62.5 g a.s./L BAS 700 F [ACP 10 (346/2010)]

5.1 One Member declared a personal specific interest in this item, and left the Meeting for the duration of the discussion.

5.2 The Committee considered an application for a commercial level of approval for BAS 700 00F, an emulsifiable concentrate containing 62.5 g a.s./L BAS 700F for use on cereals for the control of a range of fungal diseases. The UK is also the Rapporteur for inclusion of this active substance in Annex I of 91/414/EEC.

5.3 Members agreed that risk assessments for people and the environment were all acceptable. However, it was noted that the applicant had used a modification to the higher tier modelling which the Committee agreed should not be used as a precedent for other evaluations without supporting data.

5.4 The Committee concluded that claims for use against Ramularia should not be permitted as sufficient data were unavailable.

5.5 The ACP agreed that provisional approval could be recommended in line with the CRD assessment. They also agreed that the DAR could be forwarded to EFSA.

6. Agenda Item 6: Application for first inclusion of tagetes oil and thyme oil in Annex I of 91/414/EEC and for UK provisional approval (PPPR), in the product ‘Bug Oil’ formulated as an emulsifiable concentrate containing 5.53 g a.s/L tagetes oil and 5.53 g a.s/L thyme oil [ACP 7 (346/2010)]

6.1 One Member declared a personal specific interest in this item, and left the Meeting for the duration of this discussion. One Member declared a non-personal non-specific interest in this item.

6.2 The Committee considered an application for a commercial level of approval for the use of ‘Bug Oil’, an emulsifiable concentrate containing 0.6% w/w (5.53 g/l) essential oil of Tagetes minuta (tagetes oil) and 0.6% w/w (5.53 g/l) essential oil of Thymus vulgaris (thyme oil), for use on protected ornamentals and tomatoes for the control of glasshouse whitefly (Trialeurodes vaporariorum) and two spotted red spider mite (Tetranychus urticae). The UK is also Rapporteur for inclusion of these active substances in Annex I of 91/414/EEC.

6.3 Members agreed that the chemistry assessment was key to the evaluation and that the applicant had not demonstrated a suitable method to confirm the identity or purity of the active substances. Concerns were raised over potential exposure to compounds about which little is known.

6.4 The ACP also found that there were insufficient data in a number of other elements of the assessment.

6.5 Members agreed that a draft document detailing all ACP concerns would be circulated to Members for review before being passed to the applicant for their consideration in refining their application.

7. Agenda Item 7: Annual Human Health Incident Survey Results [ACP 9 (346/2010)]

7.1 Members considered the report of the 2009 Human Health Incident Survey, and agreed that new data relating to the number of incidents in relation to the quantity of active substance sold was helpful.

7.2 It was noted that there had been an apparent increase in incidents involving aluminium phosphide, and that those involving glyphosate continued to be most common. However, the number of incidents remained broadly similar to previous years, and most were accidental and required minor treatment.

7.3 This report would be incorporated in the work of the Pesticides Adverse Health Effects Working Group (PAHES).

8. Agenda Item 8: Consultation on Code of Practice for Scientific Advisory Committees [ACP 17 (346/2010)]

8.1 Members considered the Draft Code of Practice and agreed responses to the questions raised. The Secretariat would summarise the ACP view, and circulate to Members for approval before submission to the Government Office for Science.

9. Agenda Item 9: Update from the Environment Panel [ACP 15 (346/2010)]

9.1 The Chairman of the Environment Panel reported on the discussions from the Meeting held on 5 October 2010.

10. Agenda Item 10: Update from the Working Groups

10.1 The Chairman reported on the progress of the Bystander Risk Assessment Working Group (BRAWG) and the Pesticides Adverse Health Effects Working Group (PAHES). Members heard that both groups expected to conclude their work in early 2011, and that their findings would be reported in the early spring.

11. Agenda Item 10: The ACP Annual Report 2010 [ACP 6 (346/2010)]

11.1 Members agreed to retain the case study format used for the Annual report since 2007. The Committee considered the issues discussed during 2010, and selected appropriate subjects for inclusion.

12. Agenda Item 12: Date of next meeting

12.1 ACP 347 on Tuesday 25 January 2011, commencing 11.00am, at Foss House, York.

13. Agenda Item 13: Any other business

13.1 The Committee considered items for information received since the last Meeting.

13.2 Members received an information paper on the assessment of difethialone and consideration of the risk to non-target organisms [ACP 8 (346/2010)]. One Member declared a non-personal, non-specific interest. Members agreed that clarification was required as to what extent biocides came under the remit of the ACP. Members agreed that the available data supported the conclusion that difethalione should be subject to the same restrictions as brodifacoum and flocoumafen. These restrictions are that outdoor use (including around buildings) should not be permitted because of the higher toxicity of these three anticoagulants to non-target species compared with anticoagulants that are permitted for use outdoors.The Committee would receive an updated report at its next meeting.

J G Ayres

25 January 2011

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