ECPA Statement

Judgment of the Court of First Instance in Case T-229/04

The European Court of First Instance has ruled to annul the Commission Directive 2003/112/EC of 1 December 2003. This Directive included paraquat in Annex I to Council Directive 91/414/EEC.

The conclusion of the Court is without precedent in overturning an Annex I inclusion decision and is surprising as it appears to question important elements in the Commission’s implementation of Directive 91/414/EEC, including the ‘one safe use’ concept used in the decision making process for the inclusion in Annex I of Directive 91/414/EEC (active substances authorised for use in plant protection products). Contrary to its common practice, the Court on this occasion has not allowed the 2003 Directive to continue in effect to give the Commission the opportunity to address the issues raised by the Court.

It also raises a number of procedural issues. In particular it concludes that certain studies were not adequately taken into consideration in the final assessment procedure. It should, however, be underlined that a detailed and comprehensive scientific review is carried out in the evaluation of all active substances and the process allows for the evaluation of any additional data.

ECPA is committed to a science-based regulatory system that ensures protection of health and the environment and believes that Directive 91/414/EEC provides a framework for such science-based decisions.

ECPA will be evaluating the full implications of the Court decision in the coming days. We will continue to work with the Commission to evaluate the issues raised by the Court, and to maintain a process that is workable, science-based and ensures the protection of health and the environment.

Contact:

(For general, industry-wide queries)

ECPA

Friedhelm Schmider or Euros Jones

Tel: +32 (0)2 663 1550