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UK-EU SPS negotiations: Plant health

As part of the UK and EU's trade negotiations, the UK has committed to 'dynamically align', which means the UK will follow EU rules on many aspects of agricultural production, including regulation of pesticides. We need your help to understand how this will affect you. Take our survey on potential restrictions to glyphosate use by 22 August.

To get a sense of what it would mean for the UK to fully align with EU rules on pesticides, we need to look at all the ways our rules have diverged since we stopped following EU regulations at the end of 2020. 

As UK-EU negotiations of the finer points progress over coming months, we’ll be examining the detail and looking at ways in which the UK-EU deal could minimise the impacts of a reset on pesticide availability in the UK. 

Potential problems with the SPS agreement

The EU reviews pesticide active substance approvals as they approach expiry dates. Since the UK stopped following EU regulations at the end of 2020, Great Britain has reviewed 10 actives for renewal (resulting in four being withdrawn) and extended expiry dates for 270 actives by up to five years.

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Therefore, most British actives generally have longer expiry dates than those in the EU. In the coming years, EU reviews of approvals will happen more frequently than they have here, and we would be able to influence the decision shaping process but would not have the ability to vote on it like EU member states do. This could result in the loss of some pesticides sooner than anticipated. For example, the EU looks likely to withdraw approvals for the herbicide flufenacet and fungicide flutolanil.

Since 2020, GB has approved four new actives – cinmethylin, isoflucypram, pydiflumetofen and bixlozone – with three in use by farmers. These actives are not yet approved in the EU.

There are 17 actives approved here, which are no longer allowed in the EU. These actives are in more than 100 products for use on major crops, and available for many horticultural crops via more than 120 extensions of authorisation for minor use.

They include:

  • Bacillus pumilus strain QST 2808,
  • Benthiavalicarb
  • Clofentezine
  • Dimethomorph
  • Isopyrazam
  • Mepanipyrim
  • Metribuzin
  • Prochloraz
  • S-metolachlor
  • Spirotetramat
  • Triflusulfuron-methyl.

The EU approval of glyphosate does not allow pre-harvest use as a desiccant (but does allow pre-harvest use for weed control), and it restricts the total amount you can use in agriculture to 1.44 kg per ha, per year.

Some British and EU MRL (maximum residue level) trading standards have diverged. Aligning with EU MRLs could mean some British pesticide uses will no longer be possible.

There are detailed instructions about how to implement pesticide regulation, called guidance documents. Since Brexit, the EU has produced new guidance documents with no input from the UK. Using this guidance in the UK could result in overly precautionary regulatory assessment processes and the loss of some pesticides.

Potential benefits of the SPS agreement

The EU has approved around 23 new active substances which are not available here – mainly biopesticides, some basic substances and plant extracts.

The EU has existing pesticide products not available here. For example, the oilseed and cereal insecticide Mavrik, which can’t be used in Britain after this year.

The EU has regulations to drop MRLs to the lowest detectable level, to prevent producers, exporting into the EU, from using pesticides banned in the EU. Britain and the EU have long done this to protect health. But the EU is now doing it to protect the environment, starting with two neonicotinoids.

EU pesticides regulation allows free movement of seeds treated with pesticides within the EU, whereas Great Britain's intention is to stop such trade and use of seed after temporary measures (lobbied for by the NFU) end on 30 June 2027.

EU pesticides regulation also allows parallel trade in pesticide products, whereas we have limited access and have set out to stop such trade after temporary measures (again lobbied for by the NFU) end in 2027-28. 

The EU has existing pesticide products not available here and has approved around 23 new active substances which are not available here.

Glyphosate

The EU approval of glyphosate does not allow pre-harvest use as a desiccant, and it restricts the total amount you can use in agriculture to 1.44 kg/ha, per year. Although use for pre-harvest weed control is still allowed, the yearly limit falls below typical yearly use in major arable crops.

A dynamic alignment approach to the SPS agreement could mean that such restrictions would also apply in the UK, which has the potential to cause a number of issues. 

Firstly, with a maritime climate that differs significantly from large parts of continental Europe, the requirements for pre-harvest desiccation are often greater here than elsewhere in the EU. 

Secondly, the rise in the use of farming practices such as min/no tillage, spring cropping and the use of cover crops, some of which are supported through government schemes, means a greater reliance on glyphosate for weed control and cover crop destruction.

Finally, with the first confirmed UK case of glyphosate resistance discovered earlier this year, best practice application of glyphosate needs to be a priority among users. This includes ensuring correct application timings and conditions, and importantly, using effective dose rates. 

Help shape our conversations with Defra

We would like to build a better picture of glyphosate use across different sectors and regions of the UK, in order to better understand what impact EU restrictions could have. Please take 5 minutes to complete the below survey, the responses of which can help shape future conversations with relevant teams in Defra and beyond, ensuring the role the glyphosate plays in UK agriculture is best represented.

Any information you provide us will be anonymised before being used as part of any internal or external communications. Please complete this survey before 22 August.

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