On February 11th, the administrative court of Lyon suspended the decision by ANSES to withdraw the marketing authorization for Pledge, a flumioxazine herbicide used especially in apple and pear orchards. The administrative judge ruled that ANSES had not provided proof of an "unacceptable risk" and that the consequences of this ban would have been serious for the competitiveness of the sector.
© FNPFruits
This decision is "a major relief for the pome fruit sector, which was facing a direct threat to its operations," according to the French Federation of Fruit Producers (FNPFruits).
An essential herbicide for fruit growers
The administrative court recognized that Pledge was an "essential herbicide for French farmers, and arboriculturists in particular", and that banning it would have "profound and multiple consequences for the arboricultural sector, both in technical terms and in terms of competitiveness and the use of phytosanitary solutions." "We have therefore succeeded in demonstrating the importance of this product for our fruit growers, the absence of viable alternatives, and the existence of major distortions of competition, which are already present but would have been amplified by this new ban."
Serious doubts about the legality of the ANSES decision
For the judge, the arguments put forward by Philagro France (Sumitomo Chemical) and FNPFruits created serious doubt as to the legality of the ANSES decision. ANSES had not demonstrated that the product presented an "unacceptable risk to human or animal health or to the environment," stating only that such a risk "could not be ruled out." Furthermore, ANSES's decision ran counter to the scientific assessments carried out by other European member states, including Greece, which had approved the product's continued marketing.
"No ban without solutions"
For FNPFruits, "this decision shows the importance of dialogue between the regulatory authorities and the agricultural sectors." The federation says that it continues to defend the interests of fruit growers and is calling for "ANSES to take account of the realities on the ground before withdrawing molecules: no ban without solutions."
In a press release, supplier Philagro France said that the suspension would allow them "to keep the product on the market under the same conditions as before, but only until the administrative court can rule on whether ANSES's decision to withdraw the marketing authorization is valid or not. This could take 12 to 18 months."
For more information:
FNPFruits
11 rue de la Baume
75008 Paris
Phone: +33(0)1 53 83 48 75
fnpfruits.fr