France has validly informed the European Commission of the need to adopt measures to protect bees against several active substances of the neonicotinoid family, the Court of Justice of the European Union ruled on Thursday 8 October (Case C-514/19).
In accordance with the Notification Directive (2015/1535), the French authorities notified the Commission of the adoption of a decree banning several active substances of the neonicotinoid family, without expressly invoking the safeguard clause of the Harmonisation Regulation (1107/2009) which allows Member States to take unilateral protective measures.
The Union des industries de la protection des plantes is seeking the annulment of the Decree, which it considers incompatible with the Harmonisation Regulation.
The Court, having been referred to it by the French Council of State, points out that, according to the case-law of the Court of Justice, the use by a Member State of the option provided for by an act of the Union to adopt emergency measures presupposes compliance with the substantive and procedural conditions laid down by that act. However, in its view, referral to the Commission under the Harmonisation Regulation only requires the Member State concerned to “officially inform” the Commission, without this information taking any particular form.
This official notification on the need to take measures shall include a clear presentation of evidence that the substances in question are likely to constitute a serious risk to human/animal health or the environment and that this risk cannot be contained without the urgent adoption of measures taken by the State concerned. Furthermore, the Commission must have failed to ask that State whether this communication should be considered as official information under the Harmonisation Regulation.
The Commission had also adopted implementing regulations prohibiting the use of substances banned in France except in the case of permanent greenhouse cultivation. However, the Court, pointing to the existence of a specific urgency procedure closely linked to the Harmonisation Regulation, held that these implementing measures cannot be regarded as measures adopted in response to the French communication.
See judgment: https://bit.ly/2I1DM0a (Original version in French by Mathieu Bion)