France’s top constitutional authority ruled, on Thursday, August 7, that a move to allow the reintroduction of a pesticide harmful to the environment was unconstitutional. The so-called “Duplomb law” sparked public anger for permitting the renewed use of acetamiprid – a chemical known to be toxic to bees and other creatures, but which some European farmers have come to rely on.
A student-led petition against the bill garnered more than two million signatures after lawmakers adopted it on July 8, with the bill’s critics saying it had been rushed through a divided lower house of parliament without a proper debate.
The Constitutional Council said, in its ruling, that a provision in the bill allowing exemptions to the ban of products containing neonicotinoid chemicals, such as acetamiprid, would violate France’s environmental charter, which has constitutional legal status. The legislature undermined “the right to live in a balanced and healthy environment” enshrined in the charter, the council said.
“Neonicotinoids have an impact on biodiversity, in particular on pollinating insects and birds, as well as consequences for water and soil quality, and pose risks to human health,” the council said.
Macron will enact the law and respect the ruling
In 2020, the council granted a temporary exemption to the ban, limited to the beet sector and seed coating. However, the ruling said this measure did not go into enough detail about how long the pesticides could be used, how they would be applied, or which crops they would affect.
The Constitutional Council also approved two other measures in the law: one allowing for the construction of water storage for agricultural purposes, and another raising thresholds at which pig and poultry farms require prior authorisation.
French President Emmanuel Macron took “note” of the ruling, his office said on Thursday. The president will enact the law as soon as possible in a form that takes the ruling into account, the Elysée said.
A contentious chemical
Banned in France since 2018, acetamiprid remains legal in the European Union, and proponents said that some French farmers needed it to help them compete economically. The insecticide is particularly sought after by beet and hazelnut growers, who say that they have no alternative against pests and face unfair competition.
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However, a petition on the website of France’s Assemblée Nationale, which garnered more than 2.1 million signatures, called the measure a “frontal attack on public health.” Beekeepers have described the chemical as “a bee killer,” and its possible effects on humans are also a source of concern, though its risk remains unclear in the absence of large-scale studies.
For some opponents, frustration stretched beyond environmental and health concerns to exasperation over the country’s political deadlock. In late June, before the law’s passage, several thousand demonstrators – including farmers, environmental organisations and scientists – rallied across France calling for the bill to be withdrawn.
