December 7, 2017 : At a press conference organized in Brussels by the Greens/EFA group in the European Parliament, UCL (Université Catholique de Louvain ) Law professor Olivier de Schutter (ex rapporteur of the United Nations on the right to food from 2008 to 2014) explained that the coming decision (Dec. 12) from the EU Commission to renew the authorization to place the herbicide glyphosate on the market for 5 years should be considered illegal and challenged at the Court of Justice of the European Union.

According to a legal brief that he produced, there are at least 6 legal arguments to challenge the Implementing Regulation that will renew the authorization:

1. The “pesticide” Regulation No. 1107/2009 is violated on two grounds. First, it seeks to ensure that no pesticides shall be authorized unless they have no harmful effects on human health. Second, it seeks to contribute to the good functioning of the internal market. The brief argues that none of these two conditions are fulfilled by the Implementing Regulation.

2. The Implementing Regulation does not fulfill the requirement to ensure a high level of protection of human health, as enshrined in the TFEU (Treaty on the Functioning of the European Union).

3. The Implementing Regulation does not fulfill the requirement to aim at a high level of protection of the environment, also enshrined in the TFEU.

4. It is a violation of the duty to examine carefully and impartially all the relevant facts of the individual case.

5. It is a violation of the principle of institutional balance.

6. It is a violation of Article 11 (4) TEU (Treaty on European Union), of the principle of democracy, of the principle of sound administration and of the principle of sincere cooperation.

In conclusion, the European Parliament as well as the nine Member States which voted against the proposal are legitimate to file an action for annulment of the implementing regulation. Article 263 of the Treaty on the Functioning of the European Union provides that any EU Member State or the European Parliament, inter alia, may seek the annulment of acts adopted by the Council or the Commission “on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers”.
The Green/EFA group has indicated it wants to find a majority in the EP to challenge the authorization at the court of Justice of the European Union. Any challenge must be brought up within 60 days after the date of the Implementing Regulation.