The chapter is now being closed on endocrine disruptors. The Standing Committee on Plants, Animals, Food and Feed (ScoPAFF) has given its support to the new criteria helping to identify endocrine disruptors contained in pesticides. As requested by the European Parliament, these do not contain any derogations.
According to the information we have received, a qualified majority was reached with the support of 18-member states. The Czech Republic, Latvia, Poland, Finland, Greece, United Kingdom and the Netherlands voted against this new text, while Denmark, Sweden and Hungary abstained.
The new criteria have therefore been passed: the qualified majority required the support of more than 16-member states (there were 18 of them) representing more than 55% of the population (these represented 65% of cases). If France or Germany had opposed them, the new criteria would have been rejected.
It should be recalled that the draft regulation (committee stage) was presented in June 2016 and then amended in November 2017 to take into account the European Parliament's objection (see EUROPE 11872). The latter considered that the Commission had overstretched its competencies by introducing a derogation for intended disruptors (active substances specifically devised to disrupt the endocrine system of an organism). The new casting of the text therefore did not contain any derogation not even on the one for substances presenting a “negligible risk” (as opposed to the current “negligible exposure") which had been withdrawn during the discussions at the PAFF committee.
The European Parliament and Council now have two months to oppose the new criteria.
Derogations to come?
One of the questions now posed is whether the Commission promised certain member states a proposal to follow by specifically attacking the derogations or not.
One source close to the dossier said that this “is likely”. Another source, however, suggested that it was “unlikely" and insisted that the basic Regulation 1107/2009 was currently being assessed as part of the REFIT exercise for 'smart regulation'.
Whatever happens, the new criteria on biocides presented at the same time as those on pesticides have been adopted by the European Union and will be applicable as from 7 June 2018. They quite clearly contain a derogation on intended disruptors. (Original version in French by Sophie Petitjean)