the public rapporteur recognizes the “faults” of the State in the protection of biodiversity

Is the responsibility of the French State in the collapse of biodiversity in the process of being recognized by the courts? The public rapporteur, Anne Baratin, estimated Thursday 1^er June that he was the author of several “errors” in terms of the protection of living organisms, and in particular in the process of authorization and marketing of pesticides.

By rendering its conclusions within the framework of the “Justice for the living” action, she called on the Paris administrative court to order the government to take “all useful measures”within one year, to repair the ecological damage linked to its shortcomings.

The five organizations at the origin of the faulty action against the State filed in January 2022 – Our business to all, Pollinis, Biodiversity under our feet, the Association for the protection of wild animals and the National Association for the protection waters and rivers – rejoiced at the tone of the audience. “This file is historic, vital and extremely urgent, reminded Justine Ripoll, campaign manager at Notre affaires à tous. We hope that the administrative tribunal will follow all the conclusions of the public rapporteur. »

The government accused of having done nothing

At the heart of the case is the approval and marketing procedure for phytosanitary products, widely recognized as flawed. In their appeal, the organizations detailed what they are accused of: the non-representativeness of the species used for the tests, the insufficient consideration of the chronic, sublethal, indirect and “cocktail” effects of pesticides, the underestimation of exposure… The government is accused of having done nothing to remedy these shortcomings, while the massive use of pesticides is largely responsible for the erosion of biodiversity.

“All of these shortcomings and shortcomings have been sufficiently established by the scientific literature and by the European and French regulatory authorities”assured Anne Baratin, recalling that the contamination of soil and water by pesticides was “widespread, diffuse and chronic”.

The public rapporteur then brushed aside one of the State’s main arguments: without contesting the shortcomings of the risk assessment procedure, it considers that it has no ” flexibility “ to improve it, the procedure being harmonized and framed by European law. “Member States are not prevented from applying the precautionary principle, they have the power to require additional data and studies, they can impose risk mitigation measures”, listed Anne Baratin. France therefore has a “significant leeway” and one “some freedom” to control the conditions under which pesticides are authorized and used.