The Council of State partially cancels the decree governing the use of pesticides

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The high administrative court considers that the text does not sufficiently protect public health and the environment. He had been attacked by several associations.

By Stéphane Mandard Posted today at 17h20, updated at 17h46

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New setback for the government on the environmental front. A few hours after the first report of the High Council for the climate, accusing the State of not keeping its commitments, it is the turn of the Council of State to make a decision unfavorable. In a judgment pronounced Wednesday, June 26, the high administrative court partially cancels the decree which governs the use of pesticides, considering that it does not protect sufficiently the health of the citizens and the environment.

The Conseil d'Etat has decided to refer several provisions of the Interministerial Order of 4 May 2017 on the placing on the market and use of plant protection products and their adjuvants, including pesticides.

Read also The decree governing the use of pesticides in France challenged before the Council of State

As The world revealed it, said decree had been attacked in November 2017 by the associations Future Generations, Water and Rivers of Brittany and the Union Solidaires union. In particular, they considered that the text did not "Not taking account of scientific knowledge of the danger to human health of plant protection products, especially for riparians, by allowing spreading too close to sensitive areas and by not protecting residents against pesticides".

"The text does not provide for any general measure to protect the residents of the treated agricultural areas. "

The state Council gives reason to the associations by recalling that certain provisions of the decree prove "Insufficiently protective". Specifically, he criticizes the text for not providing "No general measure to protect residents of treated agricultural areas". The judges point out that the only existing protective measures only concern certain places frequented by vulnerable groups such as playgrounds for young children, health facilities, retirement homes or public recreation areas. .

The highest administrative court also considers that this text does not protect yards or water points against the risks of pollution related to the use of pesticides, in particular in the form of spreading granules or injecting products into the soils, which pose a threat, including for surface water outside treated sites. Another shortcoming identified by the judges, the decree does not provide specific measures to avoid or reduce the risk of pollution by runoff in case of heavy rains.

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