Nature et Progrès Belgium and PAN Europe have filed an appeal against Minister Clarinval responsible for the derogation 9328P/B of January 10, 2023 of the active substance indoxacarb granted by the Belgian government and ask for its cancellation.

By the implementing regulation of 26 November 2021 (EU), the European Commission refused the renewal of the marketing authorization of indoxacarb on the advice of the European Food Safety Authority (EFSA). According to EFSA, this active substance induces a high long-term risk for wild mammals, in particular for small herbivorous mammals but also for pollinators, workers and consumers. However, the Belgian Federal Public Health Service has granted a derogation for the complete Steward formulation marketed by FMC CHEMICALS.

For this appeal, the associations rely on the ruling of the CJEU of January 19, 2023, according to which states may not issue a derogation for active substances that have been "expressly prohibited by an implementing regulation". The Belgian government relies on a restrictive vision of this jurisprudence which would only apply to neonicotinoids.