Collectif des maires anti-pesticides v. Ministry of Agriculture

437815
January 21, 2020
Final judgment
France, Paris

Local authorities
Collectif des maires anti-pesticides
French Republic
Corinne Lepage

Administrative
All
Cancellation of the decree n°2019-1500 of 12/27/2019 relating to measures for the protection of persons during the use of plant protection products near residential areas and the order of December 27, 2019 relating to measures for the protection of persons during the use of plant protection products and amending the order of May 4, 2017, for excess of power.
Council of State of Paris, France
Court

July 26, 2021
Partially Positive
The Council of State judged that "the minimum distances for the spreading of products whose toxicity is only suspected (...) are insufficient" and ordered the government to reinforce the rules of use (insufficient distances, information for residents and people present in the vicinity of spreading areas, protective measures for people working in the vicinity of an area where pesticides are used) within six months.
National law

The network of anti-pesticides city mayors challenges before the Council of State the minimum distances for pesticide application and the conditions for drawing up commitment charters, judging them insufficiently protective. These had been published on Dec. 27, 2019, following the judgment of the Council of State on June 26, 2019, which had already found the rules insufficiently protective following appeals against the order of March 4, 2017 (petitions 415426 and 415431). The Council of State joined petitions 437815, 438085 (CRIIGEN), 438343 (Agir pour l'environnement), 438444 (Chambre départementale d'agriculture de la Vienne), 438445 (Coordination rurale), 439100 and 439127 (Générations Futures, FNE, UFC - Que choisir, Collectif Vigilance OGM et pesticides 16, Union syndicale Solidaires, Eau et rivières de Bretagne, AMLP, Collectif de soutien aux victimes des pesticides de l'ouest), 439189 (communes de Tremblay-en-France, Compans, Mitry-Mory et Champigny-sur-Marne), 441240 (M. B... C..., Santé environnement combe de Savoie, Mr. E... D... and Alerte aux Toxiques) and 443223 (Mr. F... A... and the company A...-Sol). The intervention of the commune of Bègles is admitted. It judged that "the minimum distances for spreading products whose toxicity is only suspected (...) are insufficient" and ordered the government to reinforce the rules of use (insufficient distances, information for residents and people present in the vicinity of the spreading zones, protective measures for people working in the vicinity of a zone where pesticides are used) within six months.