1.3 The role of EU Member States In the approval Regulation of glyphosate, the Commission has offloaded the responsibility for the risk management of a series of issues related to the toxicity of the active substance glyphosate to Member States. [...] Therefore the statement of the Administrative Tribunal and the Court of Appeal were incorrect, in the sense that the Luxembourg State could withdraw the glyphosate decisions on the grounds of Article 44(3) of Regulation no 1107/2009 not only of Article 36(2) and (3) (Donati, 2023). [...] In its communications, the Anses explains that its approach followed the more stringent requirements included in the re-assessment of glyphosate in 2017, “involving the provision of additional data on the health and environmental risks, and in particular on the genotoxicity of all the components of products containing glyphosate”. [...] Banning the use of glyphosate-based herbicides in the EU Annex - Authorisation of pesticide products in the EU (Regulation (EC) 1107/2009) The Zonal System for the assessment of pesticide products and the principle of mutual recognition - in a nutshell After an active substance receives an EU-approval, the pestic. [...] Renewals: The pesticide companies may apply for the renewal of the authorisation of a specific pesticide product, following the renewal of the approval of the active substance (Article 43).
Related Organizations
- Pages
- 25
- Published in
- Belgium
Table of Contents
- Table of contents 2
- Summary 3
- 1. Introduction 4
- 1.1 The EU law prioritises the protection of human health and the environment from pesticides 1.2 An unlawful renewal of the glyphosate active substance 4
- 1.3 The role of EU Member States 5
- 2. Legal grounds for Member States to ban glyphosate-based herbicides 6
- 2.1 Failure to meet the authorisation requirements 6
- 2.1.1 Impacts of glyphosate-based herbicides relevant to human health 6
- Impacts on human health 7
- 2.1.2 Impacts of glyphosate-based herbicides exposure on biodiversity 10
- 2.2 The EU law and case law on the toxicity of the whole product data gaps on products co-formulants and other ingredients 10
- 2.2.1 Legal requirements and shortcomings in product ingredients assessment 10
- 2.2.2 The case law - a clarification of the legal requirements 12
- 2.2.3 Implementing the EU case law in the assessment of glyphosate- based products 14
- 2.3 Implementation of the recommendations in the EU glyphosate re-approval Regulation 15
- 3. Refusing to grant or renew national authorisations of glyphosate-based 16
- Case example N1 - Refusing the renewal of a market authorisation based on Article 43 Article 29 17
- Case example N2 - Incomplete applicationdata gaps 17
- 4. Reviewing and withdrawing national 18
- Application of Article 44 Case example N3 - The Luxembourg glyphosate decisions 18
- Case example N4 - France withdraws 36 glyphosate-based herbicides from the market 19
- Applying the precautionary principle Case example N5 - Neonicotinoids fipronil the precautionary principle 19
- 5. The voluntary substitution scheme - banning or restricting specific uses of 20
- Application of Article 502 Case example N6 - Swedish Chemicals Agency - voluntary substitution of an acetamiprid product 21
- Case example N7 - ANSES - modification of the conditions of use of some glyphosate-based products 22
- The Zonal System for the assessment of pesticide products and the principle of mutual recognition - in a nutshell 23
