We have concluded our investigation into emergency authorisations of neonicotinoid pesticides and published our findings here.
What did the OEP investigate?
We looked into possible serous failures by Defra to comply with a number of environmental laws in relation to emergency authorisations granted for the use of the pesticide Cruiser SB on sugar beet seeds.
We were interested in the decision-making process, and whether the right environmental assessments had been carried out when applications were considered in 2023 and 2024.
In particular, the investigation looked at Defra’s interpretation and application of the precautionary principle and compliance with nature conservation obligations set out in the Habitats Regulations 2017 and the Wildlife and Countryside Act 1981 (WCA).
What did you find?
There were six grounds to the investigation. We found failures to comply with environmental law in relation to four of them.
These included failures to take proper account of the requirement to carry out an appropriate assessment of the authorisation’s implications for certain protected sites, and to take steps to understand and avoid or mitigate the known risk of harm to those sites, both requirements of the Habitats Regulations.
We also found failures to take reasonable steps to further the conservation and enhancement of designated Sites of Special Scientific Interest (SSSI) features and consider whether the authorisations were likely to damage those sites under the WCA.
The two grounds for which the OEP found no failures to comply with environmental law related to whether Defra had taken into account the precautionary principle or had due regard to the Environmental Principles Policy Statement (EPPS).
What will happen as a result of the investigation?
Defra has said it will update the assessment process for granting emergency authorisations so that potential impacts upon protected sites are appropriately considered.
We are therefore closing our investigation at this stage, with no further regulatory action, because we are satisfied that, if implemented effectively, the changes will mean that the failures to comply with environmental law that we identified will not be repeated with future applications for emergency authorisations.
We will monitor the implementation of the updated process, which is due to be in place by November 2026.
