Commissie verzoekt Frankrijk te voldoen aan uitspraak EU-Hof inzake bestrijdingsmiddelen (en)

The European Commission has sent a formal request to France asking it to comply with a 2003 ruling of the Court of Justice. The Court ruled that France had failed to adopt and communicate its national law texts required to implement an EU law on biocides (also known as non-agricultural pesticides). The law in question obliges Member States to put in place an authorisation system for the marketing of certain biocides, such as wood preservatives and disinfectants. National rules should have been put in place by 14 May 2000. Failure to establish these rules could result in fines being imposed on France.

Commenting on this decision, Environment Commissioner Margot Wallström said: "Proper regulation of pesticides is important for human health and the environment. I am disappointed that France, more than three years after the deadline, has still not adapted its national rules to those of the Biocides Directive, and urge it do so as soon as possible."

Protection from unsafe pesticides

The Biocides Directive⁽¹⁾ sets environmental and safety standards for biocides (non-agricultural pesticides). The Biocides Directive requires Member States to set up an authorisation system for marketing of biocidal products. In contrast to plant protection products, biocidal products control organisms harmful to human or animal health and organisms that damage natural or manufactured products. They include products such as wood preservatives, disinfectants and insecticides.

The Directive should have been implemented by 14 May 2000. On 10 April 2003, the Court of Justice condemned France for failing to meet this deadline (Case C-114/02). Since the Court ruling, France has not informed the Commission of the steps taken to comply with it. All other Member States have transposed the Directive. The Commission therefore sent France a first written warning ('letter of formal notice') under Article 228 of the Treaty.

Legal Process

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

For current statistics on infringements in general see:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions

^{(1) European Parliament and Council Directive 98/8/EC on the placing of biocidal products on the market. This Directive was adopted to complement an earlier Directive setting up an authorisation system to restrict the use of plant protection products (Council Directive 91/414/EEC) covering mainly agricultural pesticides}