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ECJ: Emergency authorizations for neonicotinoids are illegal

Seeds for external use must not be treated with neonicotinoids. The European Court of Justice (ECJ) ruled today in Luxembourg that member states would have to observe the ban. Neonicotinoids weaken bees and bumblebees, which is why their use has been severely restricted in the EU.

Since 2018 they can only be used in closed greenhouses. Seeds treated with neonicotinoids should not be sown outdoors. The approval of active substances from the neonicotinoid family, as was the case, also expired at the end of January or at the end of April 2019. Since then, they have been banned in the EU.

Emergency approvals only in case of specific hazards

However, EU states can issue emergency permits if there are specific risks to crops. In early 2019, two environmental protection associations and a beekeeper went to court against emergency approval in Belgium. They argued that pesticides were applied to the seed before sowing as a preventive measure. Farmers therefore bought without any confirmation of the actual presence of pests.

Today, the ECJ also ruled on restrictions on the sale of certain pesticides generally permitted in France. Among other things, discounts are prohibited there. The ECJ ruled that this is possible under EU law – if these restrictions serve to protect health and the environment and are adequate to achieve those protective objectives and do not go beyond what is necessary.