EU Court of Justice ruling C-162/21 on emergency authorisations not implemented

Dear Commissioner Kyriakides,

Six months ago, the Court of Justice of the EU published a ruling in case C-162/21 in which the Court provides important clarifications on the limits for Member States to provide emergency authorisations for pesticides, according to article 53 from the pesticide regulation (EC) 1107/2009. This ruling follows more than a decade of unlimited use and abuse of the derogation system by a majority of Member States, at the expense of citizens’ health and the environment. This ruling also contradicts the position of DG Sante that many times defended the use of highly toxic chemicals under article 53, including during the procedure in Court. This ruling also contradicts the update, carried out in 2021 by your administration, of the Guidance Document (GD) on Emergency Authorisations[1], giving more space to the provision of derogations to EU-banned pesticides.

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