PAN Europe v. European Commission

July 7, 2022
Not judged
European Union, Luxembourg

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

Dimoxystrobin, Strobilurin, Fungicide
Cancel the renewal of the marketing authorization for dimoxystrobin
Court of Justice of the European Union of Luxembourg, European Union

On July 7, 2022, PAN Europe filed an appeal with the European Court of Justice against the sixth extension granted to the active substance dimoxystrobin. PAN Europe thus sets out to challenge the Commission's systematic practice of granting consecutive years-long prolongations to dangerous pesticides, without any proper re-evaluation.

The fungicide dimoxystrobin, which is used on cereals, oilseeds and grasses, is included in the category of candidate active substances for substitution introduced by Regulation (EC) No. 1107/2009. This obliges Member States to replace them with less harmful chemical and non-chemical alternatives, ultimately leading to their elimination.

However, the authorization to use this substance had been extended each year under Article 17 of Regulation 1107/2009/EC, which provides for the "extension of the approval period until the end of the procedure". The approval period was thus extended to 17 years, whereas the maximum approval period for a new substance is 10 years (and 15 years for renewals). This extension is due to the fact that the Member State(s) responsible for re-evaluating the substances failed to forward their conclusions to the European Food Safety Agency (EFSA) within the deadlines laid down in the regulation.

PAN Europe maintains that this extension constitutes an abuse of Article 17, which runs counter to the aim and general principles of this regulation, namely to guarantee a high level of protection for human and animal health and the environment.

In June 2023, member states finally agreed to ban the use of the active substance dimoxystrobin.