The new criteria for identifying endocrine disruptors in pesticides are in serious jeopardy. The College of Commissioners agreed on Wednesday 29 November to amend the legislative proposal in order to take account of the European Parliament objection. This amendment, however, could shatter the support of the member states.
The new scientific criteria allowing the identification – and, ultimately, the banning – of endocrine disruptors present in pesticides and biocides were presented in July 2016, almost two and a half years late. Before being able to adopt the part on pesticides, the Commission needed majority support among member states. The pesticides section did not require a specific vote but the possibility was open to the Parliament, and the member states, to object, under comitology rules.
European Parliament objection. On 4 October, Parliament adopted a resolution for objection specifically targeting the treatment reserved for “disruptors by design”. The two new texts, to a certain extent, authorise the marketing of active substances designed to disrupt the endocrine system of various organisms other than vertebrates (see EUROPE 11822). While the derogation clause is included in both texts (biocides and pesticides), the Parliament objection relates only to the pesticides text. The reason for this is legal: the instrument chosen for the pesticides section is an implementing regulation intended to facilitate the implementation a basic act (EC 1107/2009) whereas the biocides section takes the form of a delegated act the part of which is to “complement one end” a basic act (EU 528/2012). On the basis of an opinion by their legal department, MEPs point out that Commission did not have the right to amend the substance of the pesticides section. This could only be done through the ordinary legislative procedure where the Parliament and the Council are joint legislators.
After two months of reflection, the College of Commissioners decided to take account of the Parliament objection and to remove the clause on disruptors by design in part relating to pesticides. The clause remains unchanged in part relating to biocides, which has already been published in the Official Journal of the EU and will be applicable from 7 June 2018.
Next steps. The new implementing regulation is expected to be presented to the standing committee on plants, animals, food and feed at its meeting on 12 and 13 December. It would seem likely that the 28 member states will be asked to vote on the amended proposal but their support is by no means guaranteed. In the vote on 4 July, the Czech Republic, Denmark and Sweden voted against the proposal, while Hungary, Latvia, Poland and the United Kingdom abstained because there was no derogation in cases of “negligible risk”.
“The Commission asks the member states to accept the European Parliament amendment in a spirit of compromise and to support the new proposal”, said a European Commission spokesperson, declining to comment on the consequences were the new proposal not to be adopted. (Original version in French by Sophie Petitjean)