One of the many derogations in EU pesticide legislation is the “120-day derogation” allowing EU Member States use of illegal pesticides for almost a full crop season. This on condition of “unforeseen danger” where no alternatives are available.
PAN-Europe analysed the use of this derogation in the past 4 years and observed an explosion in use, from 59 cases in 2007 to 321 in 2010, many times allowing very harmful pesticides, in total 152 different chemicals. France went up form 0 derogations in 2007 to 74 in 2010, Greece from 6 derogations to 54 and Portugal from 1 to 41 in 2010.
PAN-Europe concludes it is highly likely the provision is misused by Member States on a large scale. Can Portugal have 1 case of “unforeseen danger“ in 2007 and 31 in 2010? Can France have 0 derogations in 2007 and even 0 in 2008 and 2009 and all of a sudden 74 cases of “unforeseen danger” in 2010? This looks more like whitewashing illegal use. Several granted authorisation fi. on soil fumigants also cannot be an “unforeseen danger” at all and alternatives are readily available.
PAN-Europe additionally observes an enormous in - transparency in decision-making, done behind closed doors in the Standing Committee of DG SANCO. Applications for these derogations are not published, Commission “measures” are not published and a discussion and voting –if any- is not visible, as well as any control or enforcement action. PAN-Europe thinks it is essential for stakehold - ers to be able to verify if a provision is properly used. Committee meetings and documents should be freely accessible.
Given the long list of derogations, backdoors and loopholes in pesticides policy in general, a ‘wider picture’ needs to be considered. PAN-Europe believes the conflict of interest of Agricultural Ministries, delivering the representatives in the Standing Committee, is one of the main reasons for the continuing pressure to open backdoors, serving mainly groups of back lag - ging farmers, stopping innovation in agriculture and certainly not serving citizens in Europe.