European Commission has ‘failed to take decisive action’ toxic pesticides

The EU Ombudsman has urged the European Commission to speed up the substitution of the most hazardous pesticides within the EU.

Following a complaint by Pesticide Action Network (PAN) Europe, the Ombudsman concluded that there was no maladministration in the decision by the European Commission to rely on a standard adopted by the European and Mediterranean Plant Protection Organisation (EPPO). However, if the Commission planned to continue working with EPPO, it should urge the organisation to adopt more stringent rules on conflicts of interest and allow the participation of stakeholders other than the pesticide industry in its work.

In January 2023, PAN Europe lodged a complaint with the EU Ombudsman denouncing the endorsement of flawed guidelines from EPPO by the Commission.

PAN Europe argued that these guidelines have been heavily influenced by the pesticide industry and obstruct the much-needed substitution of the most dangerous pesticides, thus breaching the Pesticide Regulation and its provisions for a high level of protection.

The Ombudsman’s assessment found no clear evidence of maladministration in the Commission’s decision to rely on a standard adopted by EPPO. Similarly, she did not find conclusive evidence of a conflict of interest involving the one expert with industry ties, as there are currently no measures in place to prevent such situations.

However, she did acknowledge that PAN Europe’s concerns are understandable and offered suggestions for improvement.

The decision of the Ombudsman highlights:

  • A longstanding failure to act on substitution of the most toxic pesticides: despite being aware since at least 2020 that the current rules on pesticide substitution are ineffective, the Commission has failed to take decisive action. The Ombudsman’s ruling underscores the Commission’s longstanding neglect in addressing these ineffective substitution rules, which has allowed hazardous substances to remain in use longer than necessary.
  • Inadequate conflict of interest policies: the Ombudsman’s decision highlights EPPO’s conflict of interest policies as grossly inadequate (compared to EFSA’s standards). It also acknowledged the understandable concerns about EPPO’s industry-heavy influence.

Salomé Roynel, Policy Officer at PAN Europe, said, “PAN Europe expects the European Commission to immediately implement the Ombudsman’s recommendations. There is no room for further delays. The continued authorisation of hazardous pesticides must end immediately thanks to substitution.”

The decision clearly directs the Commission to revise the rules of substitution, enforce stricter conflict of interest policies, and ensure a more balanced representation of stakeholders. This includes implementing mandatory, publicly accessible declarations of interest.

Read the formal decision – Case 177/2023/VB | Decision | European Ombudsman

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