Syngenta, which sells paraquat as Gramoxone, expresses concern over the Court's decision

The European Court of the First Instance has annulled the inclusion of the non-selective herbicide, paraquat, in Annex I of the EU agrochemical registration Directive (91/414) with immediate effect. The ruling follows legal action against the Annex I listing by some member states. The Court concludes that the Commission's handling of the active ingredient's dossier "does not satisfy the applicable procedural requirements" and that the decision to re-register the ai "fails to satisfy the requirement of protection of human and animal health". Syngenta, which supported paraquat through the EU review of existing ais, says it is "surprised by the unprecedented decision" of the Court.

Paraquat was listed in Annex I in 2003 (Agrow No 439, p 5). However, the decision divided member states and Sweden, with the support of Austria, Denmark and Finland, challenged the approval. The Court ruled in their favour on three pleas against paraquat: that the Commission handled the ai dossier incorrectly; and that it failed to prove the ai's safety for both human and animal health.

The Court concludes that the Commission neglected procedural requirements in its evaluation by excluding studies that showed paraquat to be harmful. One was a study that links paraquat with Parkinson's disease, the Court notes. The omission made the Commission's assessment statement, that there are "no indications of neurotoxicity", unsatisfactory, the Court says.

Other studies omitted covered operator exposure. The Court cites a Guatemalan study that showed that one operator faced excessive paraquat exposure, equivalent to 118% of the "acceptable" level, under proposed use conditions. A French study on operator exposure levels advised against the use of treatment with a knapsack applicator. The court interprets this as a "serious indication" to question paraquat's safety.

The Court also critises the Commission's assessment of animal safety. While the Commission considered 14 types of use, only two of those were used to assess the ai's impact on birds and hares. The Court deems this selective approach insufficient, as the Commission did not justify its excluding 12 other uses. The Commission relied on an assessment report that made it impossible to establish, to the requisite legal standard, whether measures that it identified as likely to reduce the risk for hares effectively do so, the Court adds.

Syngenta, which sells paraquat as Gramoxone, expresses concern over the Court's decision that the EU approval of paraquat should not continue in effect while the Commission addresses the issues raised. The Commission and EU member states have the right to appeal to the European Court of Justice and may apply for interim or suspensory measures pending the outcome of that appeal, the company points out. The Commission's original decision was based on a "detailed and comprehensive scientific review" and Syngenta has "comprehensive" data that support the safe use of the ai for users, consumers and the environment, it maintains.

Syngenta, which was not directly involved in the latest legal action, will work with regulatory authorities and the Commission to "understand the procedural implications" of the Court's judgement and the issues raised, it says.

Paraquat has been banned in 13 countries worldwide, including Sweden, Denmark, Austria and Switzerland, the Court notes. The herbicide has been marketed for the past 60 years and is used on over 50 crops in more than 120 countries, it adds. Syngenta points out that paraquat is used by over 500,000 farmers in the EU, and over 3.4 million farmers worldwide.

MORE NEWS ON EU LEGISLATION

MEPs line up EU 91/414 changes - 11/07/07
EU decides Annex 1 renewal rules - 11/07/07
MEPs vote for agrochemical cuts - 28/06/07
EU defends 91/414 reform proposals - 07/06/07

Back to the top