PAN Europe v. European Commission

T-412/22
July 7, 2022
Not judged
European Union, Luxembourg

Environmental NGOs
PAN Europe (Pesticide Action Network Europe)
European Commission
Antoine Bailleux

Administrative
Dimoxystrobin, Strobilurin, Fungicide
PAN EU requests that the Court declares the 6th extension of approval of the pesticide Dimoxystrobin illegal, resulting in its cancellation.
Court of Justice of the European Union of Luxembourg, European Union
Court

PAN Europe is challenging the 6th extension of approval granted to the pesticide Dimoxystrobin in the EU Court of Justice. This fungicide is on the list of the most toxic pesticides that should have been banned years ago. With this case, PAN Europe intends to challenge the Commission's systematic practice of granting consecutive multi-year extensions to dangerous pesticides without any proper re-evaluation. In 2009, the European Union had included highly toxic pesticides on a so-called "candidate list", including Dimoxystrobin, resulting in an obligation for Member States to replace them. However, the authorization for use of most of these products is being extended, through the use of Article 17 of the EU Pesticides Regulation 1107/2009/EC providing for the "extension of the approval period until the end of the procedure". The regulation states that a period of 3 years must be respected to re-evaluate and decide whether or not to re-approve a pesticide, and that priority must be given to the protection of human health and the environment. Repeated extensions have extended the period of market authorization of Dimoxystrobin from the original 10 years to 16 years. Yet Implementing Regulation (EU) 844/2012 sets strict deadlines for the re-evaluation and re-approval process, and cannot allow such successive extensions representing an extension of more than six years. PAN Europe argues that such continuous extensions constitute an abuse of Article 17 of the EU Pesticides Regulation, which goes against the purpose and general principles of this regulation in terms of human health and environmental protection, as the pesticide is classified as a candidate for substitution due to its toxicity and persistence in the environment.