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The European Ombudsman Urges the European Commission to Abandon its Unlawful Pesticide Approval Practice

Published online by Cambridge University Press:  20 January 2017

Anne de Vries–Stotijn*
Affiliation:
Environmental Law Team of Tilburg University, with a specialization in EU pesticide law

Extract

On 18 February 2016, the European Ombudsman delivered a decision (case 12/2013/MDC) that has the potential to thoroughly shake up the manner in which the European Commission authorises plant protection products (PPPs).Pesticide Action Network Europe (PAN-Europe) brought the case before the Ombudsman. It alleged that the Commission approves potentially unsafe PPPs and disregards data gaps in the risk assessment, thereby ignoring concerns raised by the European Food and Safety Authority. PAN-Europe also argued that the Commission fails to set appropriate risk mitigation measures and to check Member States’ compliance with those measures. The Ombudsman largely agreed with PAN-Europe. She found that the Commission indeed authorised substances, even when it was unclear whether a substance met the legal health and environmental safety requirements. The Ombudsman made several recommendations to the Commission for bringing its approval practice, which constitutes maladministration, in conformity with EU pesticide law.

Type
Reports
Copyright
Copyright © Cambridge University Press 2016

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References

1 Council Directive 91/414/EEC on the placing of plant protection products on the market, OJ 1991 L 230/1.

2 Regulation 1107/2009 of the European Parliament and of the Council on the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, OJ 199 L 309/1.