France’s Constitutional Council strikes down pesticide exemption in Duplomb Law

ISTANBUL

France’s Constitutional Council on Thursday struck down a key provision of the Duplomb Law that would have allowed the conditional use of neonicotinoid pesticides, ruling it unconstitutional due to environmental and health concerns.

The council censored the article permitting derogations from the national ban on phytopharmaceutical products containing neonicotinoids, specifically acetamiprid, the French news broadcaster BFM TV reported.

Though still legal elsewhere in the EU, acetamiprid is known to harm biodiversity and has been strongly opposed by environmental groups.

Some beet and hazelnut producers had pushed for its reintroduction, arguing it was necessary to protect crops.

However, left-wing lawmakers, who referred the law to the court, said the move violated the French Environmental Charter, which guarantees the precautionary principle and the right to a healthy environment.

While the council had accepted a temporary exemption for neonicotinoids in 2020, it said the new law’s exemption lacked a clear time limit.

The Duplomb Law only included a review clause after three years, which the council deemed insufficient given the risks involved.

The court also issued two reservations concerning provisions that ease the construction of large agricultural water reservoirs, known as "mega-basins."

Under the law, farmers would no longer need to prove the utility of such projects—a move environmental activists argue undermines water conservation and ecological oversight.

Following the ruling, the Elysee Palace announced that French President Emmanuel Macron has “taken careful note of the Constitutional Council's decision and will promulgate the law as it results from this decision as soon as possible.”