Concerns over easing pesticide regulations

The European Commission intends to significantly ease the rules on plant protection products. According to foodwatch and other environmental and consumer organizations, this is not legally sound. A new legal opinion states that the plans result in a lower level of protection for people and the environment. The proposals form part of a broader EU package aimed at simplifying regulation.

Legal opinion on EU proposal

The legal opinion was commissioned by foodwatch, PAN Germany, ClientEarth, and several German environmental organizations. The lawyers examined whether the proposed legislative changes reduce the level of protection. They also assessed whether the plans are compatible with higher European law.

According to the opinion, the proposal leads to a substantial reduction in the protection of health and the environment. There are also serious doubts as to whether the plan is consistent with the precautionary principle. This principle is enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights.

Changes to core pesticide regulation

The plans are part of the Food and Feed Safety Omnibus package. The European Commission presented this package at the end of 2025. A key element concerns Regulation (EC) No 1107/2009, the core regulation governing the authorization of pesticides in the EU.

The Commission wants to largely abolish the mandatory periodic re-evaluation of active substances. As a result, many pesticides would remain authorized for an indefinite period. New scientific insights would then no longer automatically lead to re-evaluation or withdrawal. In addition, the Commission proposes extending grace and transition periods. Substances found to be harmful could continue to be used for a longer time after their authorization has been withdrawn.

Criticism of legal basis and decision-making

According to the legal opinion, the plans run counter to case law of the Court of Justice of the European Union. In the 2019 Blaise ruling, the Court held that the precautionary principle must be applied strictly. This requires taking the latest state of scientific knowledge into account. 

Foodwatch has voiced strong criticism. “What the European Commission is proposing is not only dangerous, but also legally untenable,” says campaigner Tahnee Didderen. Foodwatch is calling on the Dutch government to reject the proposal during the European Council meeting on February 2.