The associations France Nature Environnement (FNE) and the League for the Protection of Birds (LPO) filed an appeal on January 28 before the Council of State to challenge the non-conformity of the decree n°2022-1486 on the control of the use of plant protection products in Natura 2000 sites with the directive 2009/128/EC of October 21, 2009 establishing a framework for Community action to achieve a use of pesticides compatible with sustainable development, which it transposes.

The transposition decree is limited to empowering the prefect to regulate or prohibit the use of plant protection products in Natura 2000 land sites when "such use is not effectively taken into account by the measures defined in the framework of [Natura 2000] contracts and [Natura 2000] charters", according to article R.253-45 of the Rural and Maritime Fishing Code.

However, according to the petitioners, these management tools are based on voluntary and heterogeneous measures depending on the territories, which do not guarantee the reduction of the use of plant protection products, whereas the directive provides in detail all the actions to be implemented to reduce this use, for example by forming a reduction plan with monitoring indicators. Therefore, the contested decree would not comply with European law.

In 2019, the ngo FNE had asked the Government to take measures to transpose Directive 2009/128/EC into national law. In the absence of a response from the Government, it had filed a first appeal, on January 13, 2020, before the Council of State which, in its decision of November 15, 2021 (437613), had given 6 months to the government to take the necessary decrees. The Government has not acted within the time limit, FNE has therefore filed an appeal again to demand the application of the decision of the Council of State.

For information, the directive 2009/128/EC aims to strengthen the level of protection of the European directive 92/43/EEC, known as "Habitats-Fauna-Flora", of 1992 which had established the Natura 2000 areas. Natura 2000 is the name of an ecological network of natural sites designated to protect a number of habitats and species representative or threatened European biodiversity. The network of Natura 2000 sites has existed for more than 30 years in France and covers nearly 13% of the French territory, 15% of which is agricultural land.