European Union Court of Justice rules on case involving neonicotinoids

Today's ruling by the Court of Justice of the European Union, in reference, clarifies the scope of determinations on the possibility of member states creating exceptions for the release of generally prohibited pesticides. The specific case involved neonicotinoids in beet, carrot and lettuce crops. It occurred in Belgium.

The products, originally registered, were not subject to authorization renewal. At the end of 2018, Belgian authorities allowed the temporary use of substances based on article 53, 1, of Regulation No. 1107/2009 of the European Union.

The legal text provides that "by way of derogation from Article 28 and in special circumstances, a Member State may authorize, for a maximum period of 120 days, the placing on the market of plant protection products with a view to limited and controlled use, if such a measure appears necessary because of a danger that cannot be contained by any other reasonable means."

The matter was taken to the Belgian judiciary. The Conseil d’État (Council of State, in judicial formation) suspended the proceedings and submitted the interpretation of the rule to the European Court (referral procedure).

In the decision, the Court of Justice declared that the article of Regulation 1107/2009 must be interpreted as meaning that it "does not allow a member state to authorize the placing on the market of plant protection products for the purpose of treating seeds, as well as the placing on the market and the use of seeds treated with those products, where the placing on the market and use of seeds treated with those same products have been expressly prohibited by an implementing regulation".

In the original: "I will not allow you to pass the mise on the marché of phytopharmaceutical products in the context of the traitement of seeds, even though the mise on the marché et l'utilization of seeds traitées à l'aide de these produits, dès lors que la mise sur le marché et l'utilisation de seeds traitées à l'aide de ces mêmes produits ont été expressément interdites par un règlement d'execution".

Once this premise is established, the process will continue in Belgium.

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The full ruling, in French, can be read at the link below: