Justice could force the State to review the evaluation and authorization of pesticides – Liberation
Can French justice push the State to act to protect living beings and their ecosystems threatened by the use of pesticides? A new CAP has just been crossed during the hearing before the Paris Administrative Court of Appeal of the « Justice for the Living » casethis Friday, June 6. More than three years after the appeal filed by five environmental defense NGOs for the faulty deficiency of the State in the protection of biodiversity, the public rapporteur suggested forcing the latter to review its evaluation procedures and permission of pesticides.
In June 2023, the Paris administrative court had Condemned the State at first instance To repair « ecological damage » linked to the massive use of pesticides in agriculture. The five organizations – Pollinis, our business to everyone, the National Association for Water and Rivers Protection, Biodiversity under our feet and ASPAS – had greeted a decision « historical » But had decided to appeal. Objective: that the State is forced to review its methods of authorization for pesticides. The state had also appealed.
Thus, the public rapporteur offered this Friday to the judges to summon the state to implement a risk assessment on species « Not cables » As part of the marketing authorization procedure of plant protection products, within twelve months. In other words, to check that these products affect the targeted species and not others, such as bees.
She offers in the wake of « Proceed, if necessary, to review the AMM (marketing authorizations) for which the evaluation methodology would not have been in accordance with this requirement ». Its conclusions are generally – but not systematically – followed by judges, who will make « probably » Their decision in the first half of July, said the president.
Two faults selected at first instance were, on the other hand, was discarded: non-compliance with the quantified objective of reducing the use of pesticides in government plans « Ecophyto » successive and non-compliance with the obligation to protect the water resource against pesticides.
The Ministry of Ecological Transition said in the early evening on Friday « Take note of the conclusions of the public rapporteur in the justice case for the living. » And add, « Reaffirm its attachment to an independent assessment and in accordance with European regulations, in particular with regard to the effects on non -targeted species ».
NGOs have marked their satisfaction at having been followed on the issue of pesticides, at the heart of their procedure. « It’s really a big step forward if it is followed by the judges »reacted Justine Ripoll, campaign manager in our business to all. « It is really the fact of reviewing the approval processes of the ANSES which will create this virtuous circle » with a « Reduction of authorized pesticides and this training effect which means that we will develop alternatives for farmers »she hopes.
« We are heading towards a historic victory for biodiversity and the whole of the living ! A decision that could change everything : in agricultural practices, public policies, and the way in which the State finally considers health and the environment ”reacted the associations in a joint press release.
They also hope that the decision will weigh on parliamentary debates on the bill « DUPLOMB »which notably contains the derogatory reintroduction of a neonicotinoid pesticide. Even that the latter will be prohibited in the future. During the hearing, the state representative did not speak but the lawyer of Phyteis, the pesticide lobby, asked the judges of « Do not retain the fault proposed by the public rapporteur ».
