92000E4006

WRITTEN QUESTION E-4006/00

by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission

(21 December 2000)

Subject: Use of silver iodide

Dry farming crops (dried fruit and olives) in the El Maestrat and Els Ports districts of the Valencian Community have recently been suffering as a result of a peculiar lack of summer storms. Without these storms, it is almost impossible to save the harvest. The drought in question may be being caused by the unnatural manipulation of the weather; every time a storm threatens, various small planes fumigate the area with silver iodide so as to prevent hail storms.

This substance, according to farmers' collectives and ecologists, would appear to be toxic and extremely harmful to the environment and to the crops.

The Spanish Government's State Official Gazette No 28 790 of 11 August 2000 records that the Ministry of Agriculture gave the go ahead for subsidies for anti-hailstorm systems employing silver iodide.

Is the Commission aware of these facts?

Can the Commission tell me whether the use of this substance is banned, and if it is, what steps it intends to take?

Joint answer to Written Questions E-3764/00 and E-4006/00 given by Mrs Wallström on behalf of the Commission

(1 March 2001)

To the Commission's knowledge silver iodide is produced in and/or imported into the Community at a rate of no more than 10 tonnes per year. Information is collected on such substances and there is a risk assessment in each individual case in pursuance of Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing

substances(1) i.e. those substances that were on the Community market before September 1981 and which are set out in the European Inventory of Existing Commercial Chemical Substances (EINECS). Given the high number of substances set out in the EINECS (more than 100 000), the regulation is introduced an order of priority. Four lists of priority substances have been published, for which the risk assessment has been or will be carried out. The Commission is able to inform the Honourable Member that silver iodide is not contained in any of those four lists. Nevertheless, the Community could decide in future to ask for information on that substance in order to assess it under Regulation (EEC) No 793/93 or other Community legal instruments, and with a view to the possible adoption of risk-management measures. Those measures could include a marketing and use restriction.

Moreover, the silver iodide used against hail is not considered to be a plant protection product (agricultural pesticide) within the meaning of Directive 91/414/EEC(2) governing the marketing of such products.

Moreover, in accordance with Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(3), manufacturers, distributors and importers of a chemical substance must comply with the provisions of the Directive with regard to the classification, packaging and labelling of that substance. These provisions also apply to silver iodide, even if it is currently not included in Annex I to that Directive.

The Spanish authorities have not notified the Commission, as required by Article 88 (former Article 93) of the EC Treaty of the subsidised use of silver iodide against hail as provided for in the Spanish Official Journal, issue No 28790 of 11 August 2000. The Commission will ask the Spanish authorities to give notification of that subsidy in pursuance of said Article 88 of the EC Treaty.

(1) OJ L 84, 5.4.1993.

(2) OJ L 230, 19.8.1991.

(3) OJ B 196, 16.8.1967.