A new independent legal opinion commissioned by PAN Europe, foodwatch and the Veblen Institute questions the legality of the European Commission’s practice of permitting residues of banned pesticides in food imported into the EU. The findings leave no room for doubt: the Commission has the power to end this practice today and must do so for all 88 banned pesticides whose residues are still permitted in imported food. [1] Instead, the Omnibus proposal offers bureaucratic half-measures that would only address a handful of them.
Residues of at least 88 hazardous substances, including carcinogens, hormone disruptors, and “forever chemicals”, that are prohibited for use on European farms are allowed in everyday food products sold on the European market [2]. They enter citizens’ plates via imports from countries where they are still sold and used. [3] For years, the Commission has defended this practice, claiming that it has no choice under EU law.
A new independent legal opinion commissioned by PAN Europe, foodwatch and the Veblen Institute exposes that argument for what it is: an excuse. The legal opinion finds that the Commission already has the power to prohibit residues of banned pesticides in imported food, and that by failing to do so, it is likely in breach of its legal obligations under EU law. This is particularly salient for substances that have been banned due to health concerns.
Rather than using powers it already holds, the Commission has chosen to table a new legal proposal: the Food and Feed Safety Omnibus. But the proposal barely scratches the surface of the problem, while adding layers of red tape. It covers only a narrow subset of around 22% of the EU-banned substances [4], introduces socio-economic considerations into what should be a health-based decision, and treats the Commission's obligation to act as optional. The vast majority of banned pesticides would continue to arrive on European plates. In the meantime, the root cause, the continued trade of EU-banned pesticides to third countries, despite the Commission's 2020 promise to end it, remains entirely unaddressed. [5]
“This legal opinion removes any excuse for further inaction from the Commission. It is crystal clear that the Commission has the power to stop allowing residues of highly toxic pesticides banned in the EU. We call for an immediate prohibition of residues of any banned pesticides,” said Salomé Roynel, Policy Officer at PAN Europe.
“People buying food in Europe have every reason to expect it meets our safety standards. Instead, the Commission has been quietly allowing residues of cancer-causing and hormone-disrupting chemicals onto our plates via imports. This is unacceptable, and the Omnibus as it stands will not fix it,” added Natacha Cingotti, Lead for Campaigns Strategies at foodwatch.
“This double standard does not just affect European consumers. It exports harm to farmworkers, to communities, and to ecosystems in the countries where these banned substances are still being used, often by EU-based companies. A coherent EU response must address both imports and exports," concluded Stéphanie Kpenou, Trade Policy Officer at Veblen Institute.
PAN Europe, foodwatch and the Veblen Institute call on the European Parliament and Council not to fall for the proposals included in the Omnibus. Instead, they should use their scrutiny power to introduce a clear and automatic obligation to prohibit residues of any pesticide not approved in the EU.
Contacts:
- PAN Europe, Salomé Roynel, Policy Officer, salome [at] pan-europe.info, +32 (0) 2 318 62 55
- foodwatch, Natacha Cingotti, Lead, Campaigns Strategy, natacha.cingotti [at] foodwatch.org or Andreas Winkler, media [at] foodwatch.org, +49 (0) 1 74 / 3 75 16 89
- Veblen Institute, Stéphanie Kpenou, Trade Policy Officer, kpenou [at] veblen-institute.org, +33 (0) 7 86 43 92 99
Notes:
[4] The Omnibus proposal covers active substances that are Carcinogenic, Mutagenic and Toxic for reproduction (CMR) Categories 1A/1B, Endocrine Disruptors for humans or non-target organism, Persistent Organic Pollutant (POP), Persistent, Bioaccumulative and Toxic (PBT), or very Persistent and very Bioaccumulative (vPvB). We calculated, on the basis of available data, that 20 of the 88 substances meet these criteria. While official lists exist for CMR substances and endocrine disruptors, no equivalent official list of PBT/vPvB substances has been established at EU level. This figure should therefore be treated as an estimate.
[5] Chemical Strategy for Sustainibility; NGOs and trade unions demands the end of the EU’s production, export and import of banned pesticides
