« We have to correct, to amend. » On December 13, 2022, Christophe Béchu, then Minister of Ecological Transition, promised to put an end to the export of banned pesticides to countries with less protective regulations. While the Egalim law has prohibited the sending of this type of product since 2022, the use of which is prohibited in the European Union, almost two years later, nothing has been done.
According to data collected by ONG Swiss Public Eye and Unearthed (the investigation unit of Greenpeace in the United Kingdom), more than 7,300 tonnes of these prohibited substances were sent from France abroad in 2023.
How is this possible ? « Because of a loophole in the law »explains Lorine Azoulai, agricultural engineer and food sovereignty advocacy officer at CCFD-Solidarity Earth. A circular, supposed to specify the conditions of application of the Egalim law, renders it completely ineffective. The circular states that the ban concerns finished products and not pure substances. « In other words, we cannot export the cake but we can send the flour, eggs and sugar separately so that others, in distant countries, can make the cake. »summarizes the advocacy officer. This loophole allows manufacturers to ship their most toxic banned substances completely legally.
This is why CCFD-Terre Solidaire and the Veblen Institute asked the three ministers concerned last April (Christophe Béchu for Ecological Transition, Marc Fesneau for Agriculture and Bruno Le Maire for Economy) to repeal the circular and adopt it news. Requests that went unheeded. The two associations therefore contacted the Council of State on August 7 and submitted their legal arguments on November 4.
A circular contrary to the law
Their argument is based on two principles: the first is that the circular must respect the objectives of the law. In a decision of January 31, 2023, the Constitutional Council considered that the export ban must be interpreted with regard to the objectives pursued by the Egalim law, namely the prevention of harm to health and the environment linked to distribution of active substances banned in the European Union.
The second is based on the principle of hierarchy of standards, a circular having to respect the constitutional and fundamental principles of European law. Here, the circular goes against the Environmental Charter, which recognizes everyone's right to a healthy environment. It also violates the Charter of Fundamental Rights of theUE which guarantees the protection of health and the environment. Finally, the text does not respect the Universal Declaration of Human Rights which defends the principle of non-discrimination.
« The State has two months to respond, but in practice it takes between six months and a year, and the case will not be judged for two years. »says Stéphanie Kpenou, advocacy officer at the Veblen Institute.
Harmful consequences
However, there is an emergency. If these products are banned, it is because of their dangerousness, even at low doses. For example, picoxystrobin, a fungicide used in cereal and soy crops, has been banned inUE in 2017 for its genotoxic potential, that is to say its capacity to alter theADNand its high toxicity for aquatic organisms and earthworms. Fipronil, banned in French agriculture since 2004, is an insecticide which, like neonicotinoids, presents acute toxicity to pollinators.
This legal flaw has dramatic consequences on three levels. First, the manufacture of banned pesticide substances has significant effects on the environment and the health of those living near production sites. Our colleagues from « Green with rage » on France 5 demonstrated this in an investigation into two factories last September: Syngenta, the only producer of thiamethoxam in Saint-Pierre-la-Garenne (Eure), and Basf, producer of fipronil in Saint-Aubin-lès-Elbeuf (Seine-Maritime). Water samples taken near the two factories revealed the presence of thiamethoxam, banned in France since 2018 (at a rate of 0.148 microgram/liter, or 48 % more than the recommended quality standard) and fipronil (at levels more than 300 times higher than the environmental risk threshold).
« Workers handle these dangerous substances sometimes without gloves »
Once shipped to the other side of the world, these products also have harmful effects on the environment and the health of workers and local populations. However, in these low- or middle-income countries, the rules of use are much less protective. « Workers handle these dangerous substances sometimes without gloves, masks or any protection »specifies Lorine Azoulai.
For example, on sugar cane plantations in Brazil, the leading importer of these banned substances (3,000 tonnes in 2023), the use of these products has led to massive poisoning among agricultural workers and local residents. « Between 2010 and 2019, 56,000 cases of poisoning were recorded, including 20 % concern children »adds Lorine Azoulai. In Ivory Coast, around ten children died as a result of probable food poisoning linked to the consumption of corn porridge contaminated with herbicide. The cans used to store food had been used to contain this herbicide.
The risk of the agreement with Mercosur
Last step: return to sender. You thought that pesticides banned in the European Union had no chance of ending up on our plates ? This is false. Coffee, tea, spices, legumes… After analyses, the team of « Green with rage » revealed the presence of residues of five banned pesticides in several foods. They had all been exported from France.
If the subject is hot, it is also because of the upcoming signing of the free trade agreement between the European Union and the South American common market of Mercosur (Brazil, Argentina, Paraguay, Uruguay and Bolivia). Although Emmanuel Macron says he is opposed to it, he has done nothing to modify the text or have it rejected, and the agreement should be finalized by the end of the year.
The treaty plans to remove 90 % of customs duties between the two zones, including on the export of banned pesticides, and imports of foodstuffs containing them. A dramatic agreement for health as 12 % of food samples imported from Brazil contain pesticide residues banned in the European Union, according to the European Food Safety Authority (EFSA). These banned pesticide residues were found in 77 % of apples, 60 % of rice and 53 % of beans imported from Brazil.
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