Today, PAN Europe received the European Commission Decision on the review of the EU approval of Cypermethrin. Last December the EU Court declared the 2021 reapproval of Cypermethrin to be illegal. Instead of complying with the ruling and banning this bee-toxic and endocrine-disrupting pesticide, the Commission has decided to shelve the matter and initiate a lengthy administrative procedure.
In a landmark judgement [1], the Court of Justice of the EU declared the reapproval of the insecticide cypermethrin as being illegal. The Court followed PAN Europe's arguments, particularly regarding the absence of risk assessment of a representative formulation, major data gaps regarding genotoxicity, and by relying on unrealistic and unscientific risk mitigation measures.
In its new Decision, the Commission announces it will launch an "article 21 procedure". Article 21 from the pesticides regulation (EC) 1107/2009 aims to take into account new scientific and technical evidence on the toxicity of a pesticide, eventually leading to a ban on the substance.
Martin Dermine, Executive Director of PAN Europe, said: "The Commission’s reply is unacceptable: the Court of Justice of the EU has reviewed, on appeal, the evidence, and concluded that the Commission erred in law by reapproving cypermethrin. Respecting a court judgement is a cornerstone of a democracy. Instead of withdrawing the approval of this toxic pesticide, the Commission took seven months to decide to initiate a lengthy procedure, buying more time to keep this very toxic pesticide on the market."
One of the major lessons of this Court judgement is that firstly, the Commission must provide strong scientific evidence in order to deviate from the risk assessment from the European Food Safety Authority (EFSA). They cannot take political decisions with regards to pesticide approvals. Secondly, they must prove that at least one pesticide formulation (not only the active substance but the full mix that is sprayed in the fields) complies with EU safety standards. So far, this test has never been carried out.
Martin Dermine added: "This court ruling implies major changes in the Commission practices. Seven months after the ruling, it seems the Commission has not even started to adapt their procedures. Making sure they obtain the needed data to risk assess at least one commercial formulation is a game changer, and could strongly improve the protection of citizens' health."
Formulations are composed of pesticide active substances and co-formulants, which is what citizens and the environment are truly exposed to. Currently, formulations are not tested for their long-term toxicity, which is what people are exposed to in real life. Scientific evidence shows that the addition of co-formulants can increase by several hundredfold the toxicity of an active substance, putting people's health and the environment at risk.
Martin Dermine concluded: "It is scandalous that the European Commission does not respect the rule of law. Along with its attempt to weaken pesticide safety via their Omnibus regulation proposal, this will worsen the distrust in EU institutions."
Contact: Martin Dermine, Executive Director, martin [at] pan-europe.info, +32 486 32 99 92
Read more: Commission Decision C(2026) 4782 on Cypermethrin ruling
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