PAN Europe (Pesticide Action Network) continues the battle against the authorisation of cypermethrin – an insecticide toxic to bees and aquatic organisms, suspected of acting as an endocrine disruptor – and for the first time takes the case to the European Court of Justice. (1)
Cypermethrin, obvious toxicity
Cypermethrin is a synthetic pyrethroid used as an insecticide. It has been permitted for use in agriculture since 2006 and is also present in spray cans for home use as an insecticide against flies and mosquitoes.
According to the European Union’s harmonised classification
– ‘is toxic if swallowed,
– is very toxic to aquatic organisms,
– is very toxic to aquatic organisms with long-lasting effects,
– may cause damage to organs through prolonged or repeated exposure, and
– may cause respiratory irritation’. (ECHA). (2)
Approval renewed despite EFSA concerns
The European Commission has renewed the authorisation of cypermethrin ‘as a candidate for substitution’ until 31 January 2029 (Reg. (EU) 2021/2049. (3)
However, the decision was made by glossing over the precautionary principle, PAN Europe points out. In fact, the Commission ignored the conclusions of EFSA, the European Food Safety Authority, which highlighted data gaps in the assessment of the substance’s hazardousness.
Gaps highlighted by EFSA
EFSA in 2018 issued a first opinion to assess the hazard of alpha-cypermethrin based on representative uses on cereals, lettuce, oilseed rape, leafy brassica, cucumbers and courgettes. Endocrine-mediated activity of the substance was recognised, but the insufficient data provided by the manufacturer did not allow an assessment of its endocrine-disrupting potential in mammals.
The lack of data also prevented an assessment of the dietary risk to consumers resulting from the presence of residues on crops. While no chronic intake concerns were identified using the maximum residual limits (MRLs) for representative uses, an acute intake concern was found for cucumbers, courgettes, kale and lettuce in children in the Netherlands, the UK and Germany.
High risks were highlighted for aquatic organisms and a number of surface water scenarios. However, data are lacking to assess the behaviour of the active substance residues and metabolites when present in surface water that percolates and is extracted as drinking water.
EFSA concludes its opinion by stating that risk mitigation measures should be taken to achieve a low risk to aquatic organisms, honey bees and non-target arthropods. (4)
Doubtful risk mitigation measures
The European Commission has therefore asked EFSA for advice on whether the insecticide can be used to mitigate its risky effects on plants, animals, food and feed.
The Authority concludes that
– a low risk to aquatic organisms can only be achieved if mitigation goes beyond 95%
– a low risk to bees can be achieved by spraying the pesticide during periods when no flowers are present in the field
– an additional mitigation measure is the provision of a 133 m wide buffer zone in cereal fields.
EFSA itself, however, states that such measures are difficult for farmers to implement and there is no evidence of their effectiveness. (5)
PAN EU’s allegations
The NGO PAN Europe took initial legal action in 2022 against the European Commission’s decision to re-approve cypermethrin despite the incomplete risk assessment submitted by EFSA.
However, the General Court of the European Union (at first instance) on 21 February 2024 dismissed the appeal.
‘This ruling does not encourage EFSA to comply with legal and scientific standards when publishing its conclusions on pesticides. It could give an incentive to the pesticide industry to provide incomplete dossiers on genotoxicity or environmental toxicity,‘ commented Salomé Roynel of PAN Europe.
Appeal to the Court of Justice, an historic event
The combative PAN Europe has therefore appealed to the EU Court of Justice. An historic event. It is indeed the first time that an NGO has had access to the Court of Justice in a case concerning the approval of pesticides. (6)
The recognition of this right is the result of a long struggle, which began in 1998, when the Aarhus Convention recognised the public’s right to challenge decisions contrary to environmental regulations, and ended in 2021, when the right was implemented.
A good 23 years of struggle to enable PAN Europe today to ask Europe’s highest court to guarantee the protection of human health and the environment. And that the precautionary principle, which the European Commission and Member States too often bend in favour of the interests of agrochemicals and agribusiness, be respected.
Alessandra Mei
Footnotes
(1) PAN Europe. PAN Europe appeals the General Court judgment on the EU re-approval of endocrine-disruptor cypermethrin. 2.5.2024 https://www.pan-europe.info/press-releases/2024/05/pan-europe-appeals-general-court-judgment-eu-re-approval-endocrine-disruptor
(2) ECHA https://echa.europa.eu/it/substance-information/-/substanceinfo/100.110.015
(3) Commission Implementing Regulation (EU) 2021/2049 of 24 November 2021 renewing the approval of the active substance cypermethrin as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance). Eur-Lex https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32021R2049
(4) EFSA (2018) Peer review of the pesticide risk assessment of the active substance alpha-cypermethrin. EFSA Journal Volume 16, Issue 9 e05403. Doi: https://doi.org/10.2903/j.efsa.2018.5403
(5) EFSA (2019) Statement on risk mitigation measures on cypermethrin. EFSA Journal Volume 17, Issue 10 e05822. Doi: https://doi.org/10.2903/j.efsa.2019.5822
(6) PAN Europe. First ever case against pesticide permit in highest EU Court. 7.5.2024 https://www.pan-europe.info/blog/first-ever-case-against-pesticide-permit-highest-eu-court?fbclid=IwZXh0bgNhZW0CMTAAAR1sHNDf_YCM4fd5uaXlSn8y3-kD4n98uoq9xf-RzH6fSTg3yFPFHwaNpcE_aem_ATQJXaO2AHE8SiF-tTMeZc2udm6H_gZ1FeLl4tt70syQMBv_S7CzmfxupBjjvgqPMmSNhJih-yTAsdXCiY9m6qgY
Graduated in Law from the University of Bologna, she attended the Master in Food Law at the same University. You participate in the WIISE srl benefit team by dedicating yourself to European and international research and innovation projects.
