Barley straw - the product used for decades to keep ponds clear of algae - has got a stay of execution from the EU Commission.
The straw, which is made into mats to keep ponds and reservoirs clear, potentially falls foul of the EU's Biocidal Products Directive. This requires testing of all products that use chemical processes to achieve their effect.
This has caused alarm among producers in Hampshire, Greenways, because the testing costs would make production unprofitable.
However, Environment commissioner Margot Wallstrom has told Hampshire MEP Chris Huhne that 'further clarification will be necessary before a final position can be taken'.
Mr Huhne said that barley straw producers should continue unaffected until the Commission had made up its mind. 'I am forwarding this parliamentary answer to the Government so that the Health and Safety Executive does not jump its fences. For barley straw producers, this is a stay of execution that will hopefully lead to a full reprieve'.
In a parliamentary answer to Mr Huhne, Ms Wallstrom says that the initial information provided about barley straw is not 'fully conclusive' and that the Commission is currently investigating the matter in cooperation with officials from all the EU member states. She points out that the intention of Directive 98/8/EC of 16 February 1998 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.
Mr Tony Pain of Greenways, Sutton Scotney said 'This is good news as far as it goes. At least the Commission seem to be sufficiently embarrassed that they are looking at it, and that gives me enough comfort to continue production until things have been sorted out'.
Mr Huhne said that the protests about barley straw were only a part of the problem with this directive, which seems to have far more far-reaching effects than originally intended. 'From what I see, this is not a good piece of legislation' said Mr Huhne.
'It is exactly this sort of shoot-from-the-hip regulation that leads to greater problems than it is designed to solve, and makes the case for the Liberal Democrat proposal that an independent agency should assess the true impact of proposed regulations before they are voted' said Mr Huhne.
Mr Huhne said that he would keep pressing the Commission to ensure that barley straw is completely exempted, and hoped that there would be a thorough review of the legislation.
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