The General Court of the European Union delivered a decisive judgement in the case of Ascenza Agro and Industrias Afrasa v Commission (Case T-77/20). This case centred on the controversial non-renewal of approval for the active substance chlorpyrifos-methyl, a key ingredient in many plant protection products.
Background of the Case
Ascenza Agro, SA (Portugal) and Industrias Afrasa, SA (Spain), challenged the European Commission's decision to not renew chlorpyrifos-methyl's approval under Regulation (EC) No 1107/2009. This regulation governs the market placement of plant protection products. The applicants sought annulment of Commission Implementing Regulation (EU) 2020/17, which led to the removal of chlorpyrifos-methyl from the EU market.
Court's Decision
The Court dismissed the action, upholding the Commission's decision. It ordered Ascenza Agro and Industrias Afrasa to bear their own costs and those incurred by the European Commission, including costs related to interim measures and costs incurred by the Health and Environment Alliance (HEAL). Additionally, the Kingdom of Denmark, the French Republic, and the European Crop Care Association (ECCA) were ordered to bear their own costs.
Widely Used Pesticide
Chlorpyrifos-methyl is a widely used pesticide in the realm of plant protection for several key reasons:
- Broad-Spectrum Insecticide: Chlorpyrifos-methyl is effective against a wide range of insect pests. This includes various species of caterpillars, beetles, and other insects that can cause significant damage to crops. Its broad-spectrum activity makes it a versatile tool for farmers dealing with multiple pest issues.
- Mode of Action: It works by inhibiting an enzyme called acetylcholinesterase. This inhibition leads to an accumulation of acetylcholine in the nervous system of the insect, causing paralysis and eventually death. This mode of action is particularly effective against a range of pest species.
- Use in Stored Product Protection: Chlorpyrifos-methyl is particularly effective in protecting stored grain from insect infestation. It helps in preserving the quality and quantity of stored grains like wheat, maize, and others, which are susceptible to pest attacks during storage.
- Cost-Effectiveness: For many farmers, especially in developing countries, chlorpyrifos-methyl has been a cost-effective solution for pest control. Its effectiveness at lower doses and its broad-spectrum activity reduce the need for multiple pesticides, which can be more costly.
- Flexibility in Application: It can be applied in various ways, including soil treatment, foliar spraying, and as a seed treatment. This flexibility allows it to be used in different agricultural contexts and for various crops.
However, it's important to note that the use of chlorpyrifos-methyl has raised significant environmental and health concerns. Studies have linked it to potential neurological effects in humans, especially children, and it has been found to be harmful to wildlife, particularly aquatic organisms and non-target insects like bees. These concerns have led to regulatory scrutiny and bans or restrictions in several countries, including the European Union.
Implications of the Judgment
This judgement underscores the EU's commitment to stringent chemical safety standards and the precautionary principle. The Court's decision highlights the importance of comprehensive risk assessments and the need for transparency in the approval process of active substances in plant protection products.
