Posts

FRANCE: Ban of Neonicotinoids – the 2021 Derogation for Sugar Beets Validated

The Order authorising for 120 days in 2021 the use of sugar beet seeds treated with imidacloprid- and thiamethoxam-based plant protection products is released.

Following the public consultation and the meeting of the dedicated Supervisory Board, the final text includes a possibility to anticipate the seeding, planting or re-planting of the crops mentioned in Appendix 2. Anticipation will be possible after having implemented mitigation and compensation measures (listed in Appendix 2bis) to ensure “an equivalent level of protection for pollinators and biodiversity”. Anticipation measures are provided for maize (untreated crop buffer, planting of melliferous flora) and for oilseed rape (seeding of a mixture of rapeseed with at least 50% of an early variety in untreated plots).

A new Order will be issued to precise the rules for the anticipation. It will be based on an Opinion of Anses (to be released) assessing the levels of protection resulting from the mitigation and compensation measures.

 

To download (in French): 

Joint Ministerial Order of 5 February 2021 as regards the provisional authorisation of sugarbeet seeds treated with imidacloprid- or thiamethoxam-based plant protection products.

Outcome of the Public Consultation

Rationale for the Joint Ministerial Decision

 

See also our previous articles: 

FRANCE: Neonicotinoids – Public Consultation on the 2021 Derogation Draft Order

FRANCE: Ban of Neonicotinoids – A Derogation for Sugar Beets

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Neonicotinoids – Public Consultation on the 2021 Derogation Draft Order

Following the adoption in mid-December 2020 of the Law No. 2020-1578 establishing a possibility of temporary derogations from the ban on neonicotinoids and other substances having the same mode of action in case of emergency situations for sugar beets (see our previous article), a public consultation on a draft Order setting the derogation conditions for 2021 is launched from 04 to 25 January (consultation page).

The draft Order provides for a 120-day authorisation of two imidacloprid- and thiametoxam-based products for sugar beet seed treatment.

The publication of this draft Order is accompanied by a note of the National Research Institute for Agriculture, Food and Environment (INRAE) defining the criteria for assessing pest pressure on beets and defining the expected level of emergency for this crop:

  • Aphid populations presence in autumn;
  • Viral presence in autumn;
  • Seasonal weather forecast (initialised on 1st December).

INRAE analysis for 2021 could not rule out a level of risk similar to the previous year. It led the Ministry of Agriculture to anticipate with the preparation and the public consultation of this decree. It is however noted that prior to the release of the Order, an update of weather forecast data may be made to confirm or reject the need for such a derogation.

The Annexes associated with the draft Order detail the conditions of use of the two plant protection products referred to (Annex 1) and the restrictions on crops that may be seeded, planted or re-planted afterwards in treated fields, to limit potential impacts on pollinators (Annex 2).

Accordingly, to protect pollinators, a list of authorised succeeding crops for 2022, 2023 and 2024 is provided. Farmers will also have to limit weed flowering in succeeding crops and to limit intermediate attractive crops.

The conditions of use also stipulates that:

  • adequate seed drilling equipment shall be used “to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission”;
  • the farmer shall check that “the treated seeds must be entirely incorporated in the soil” and “ensure that the product is also fully incorporated at the end of rows” and “remove spillages”;
  • treated seeds can only be sown once a year and once every three years in the same field.

These measures were proposed by the Ministry on the basis of the ANSES Opinion of 23 December 2020.

 

To download (in French): 

Draft Joint Ministerial Order as regards the provisional authorisation of sugarbeet seeds treated with imidacloprid- or thiamethoxam-based plant protection products.

Anses Opinion of 23 december 2020 as regards mitigation measures that shall be included in any derogations from the ban on neonicotinoids and other substances having the same mode of action.

Note from Inrae – Criterion to justify the need for a derogation.

 

See also our previous articles: 

FRANCE: Ban of Neonicotinoids – A Derogation for Sugar Beets

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Ban of Neonicotinoids – A Derogation for Sugar Beets

The Law establishing a possibility of derogation from the ban on neonicotinoids and other substances having the same mode of action in case of emergency situations for sugar beets was released in mid-December 2020.

The derogations will be set by joint orders of the Ministers of Agriculture and of the Environment after the release of an opinion by a new dedicated Supervisory Board. Derogations will be granted according to the procedures provided for emergency situations in the European regulation by Article 53 of Regulation (EC) No 1107/2009.

Derogations may only be granted in the case of treated seeds (spray treatments are therefore excluded) and only until 1st July 2023, pending alternative solutions are developed.

To limit potential impacts on pollinators, the Law also stipulates that seeding or planting attractive crops in treated fields shall be temporarily banned.

In parallel, the Decree updating the list of banned neonicotinoids and other active substances with an identical mode of action was also released (see our previous article). As a reminder, the three banned substances still authorised at European level are acetamiprid, flupyradifurone and sulfoxaflor.

 

To download (in French): 

Law No. 2020-1578 of 14 December 2020 as regards the conditions of placing on the market of plant protection products in case of emergency situations for sugar beets.

Decree No. 2020-1601 of 16 December 2020 listing the banned active substances from the neonicotinoids family or with a neonicotinoid-like mode of action in accordance with Article L. 253-8 of the French Rural Code.

 

See also our previous articles: 

FRANCE: Update of the list of neonicotinoids substances banned

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Update of the list of neonicotinoids substances banned

A draft decree is currently under public consultation until 26 November 2020 in order to update the list of active substances of the neonicotinoid family or with the same modes of action and subject to a use ban. This draft decree is being issued under article L.253-8 of the French Rural Code as modified by the draft law on the conditions for marketing some plant protection products in the case of pest threat to sugar beet.

As a reminder, in application to the biodiversity law of 08 August 2016, 5 active substances of the neonicotinoid family (acetamiprid, clothianidin, imidacloprid, thiacloprid and thiamethoxam) are banned from use in plant protection products and seed treatments. The “EGAlim” law of 30 October 2018 extended this ban to active substances with an identical mode of action (flupyradifurone and sulfoxaflor).

Three of these substances are currently banned at European level (clothianidin, thiacloprid and thiamethoxam) and one will be soon (imidacloprid from 01 December 2020). According to the draft decree, the active substances concerned by a National ban will be acetamiprid, flupyradifurone and sulfoxaflor.

 

To download: 

Draft Decree listing the active substances from the neonicotinoïds family or with a neonicotinoid-like modes of action (in French)

 

See also our previous articles: 

FRANCE: List of neonicotinoids substances banned

FRANCE: Confirmation of the ban of two neonicotinoid-like active substances

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Confirmation of the ban of two neonicotinoid-like active substances

The French government is committed to reducing the impact of plant protection products on pollinators and ecosystems. In this context, the government implements the ban set by the French law EGALim of 30 October 2018 for active substances with a neonicotinoid-like mode of action by publishing on 31 December 2019 a decree that lists the two substances currently meeting this definition:  flupyradifurone and sulfoxaflor.

The decree enters into force on 1st January 2020.

 

To download: 

Government press release  (in French).

Decree No. 2019-1519 of 30 December 2019 listing the active substances used in plant protection products with neonicotinoid-like modes of action (in French).

 

See also our previous articles: 

FRANCE: Public consultation – two neonicotinoid-like active substances to be banned

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

FRANCE: Public consultation – two neonicotinoid-like active substances to be banned

The French law EGAlim of 30 October 2018 (law for achieving a balance in trade relations in the agricultural sector and for healthy, sustainable and affordable food), modified Article L253-8 of the French Rural Code to extend the ban of neonicotinoids to all active substances with a similar mode of action.

As the modalities of implementation remained to be set, the government started on 11 September 2019 a public consultation on the draft Decree listing the active substances used in plant protection products with a neonicotinoid-like mode of action. This draft Decree includes two active substances: flupyradifurone and sulfoxaflor. The ban of neonicotinoid based-products in France would therefore be extended to the products containing these substances by the end of the year.

The public consultation will be closed on 4 October 2019.

 

To download: 

Government press release as regards the draft French Decree to ban the use of two active substances with a neonicotinoid-like mode of action (in French).

The draft French Decree listing the active substances used in plant protection products with neonicotinoid-like mode of action (in French).

 

See also our previous articles: 

FRANCE: New Agriculture and Food law published

FRANCE: Withdrawal and restrictions on the use of neonicotinoid-based PPPs

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Withdrawal and restrictions on the use of neonicotinoid-based PPPs

Further to the adoption in May 2018 of three European regulations limiting the authorisations of imidacloprid, clothianidin and thiamethoxam products (Regulations (EU) No. 2018/783, No. 2018/784 and No. 2018/785) for use under permanent greenhouse or in seed treatment intended to be used only in permanent greenhouse, ANSES has withdrawn 19 approvals or parallel trade permits for products only authorised for field application or for the treatment of seeds intended for use in open field. ANSES also restricted 17 approvals to limit them to greenhouse uses. These withdrawals and modifications of the conditions of use are effective as from 1st September 2018.
Concurrently and in addition to these European provisions, in compliance with Decree 2018-675 of 30 July 2018, the use of acetamiprid, clothianidin, imidacloprid, thiacloprid and thiamethoxam-based products is prohibited in France from 1st September  2018 including for greenhouse uses that remain authorised in the European regulations. The French E-phy database has been updated accordingly for the plant protection products concerned.

To download: List of PPPs based on substances belonging to the neonicotinoids family and withdrawn from the market as from 1st September 2018 (in French)

See also our previous articles:

FRANCE: List of neonicotinoids substances banned

EUROPE: Neonicotinoids ban for outdoor uses

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

FRANCE: List of neonicotinoids substances banned

The list of substances from the neonicotinoids family banned from 1st September 2018 in plant protection products and seed treatments was published on 1st August. This ban is planned by the law for biodiversity regrowth, nature and landscapes published in 2016, exemptions being possible on a case by case basis until 1st July 2020.

According to Decree 2018-675 of 30 July issued under article L.253-8 of the French Rural Code, five substances are concerned: acetamiprid, clothianidin, imidacloprid, thiacloprid and thiametoxam. European restrictions are already in place since 2013 for three of them (clothianidin, imidacloprid and thiametoxam) (see Regulation (EU) No.485/2013). These restrictions have just been extended so as to only allow  the use of these three active substances in permanent greenhouses where no contact with bees is expected (Regulations (EU) No. 2018/783, No .2018/784 and No. 2018/785 of 29 May 2018).

 

To download: Décret n° 2018-675 du 30 juillet 2018 relatif à la définition des substances actives de la famille des néonicotinoïdes présentes dans les produits phytopharmaceutiques (in French)

See also our previous articles:

EUROPE: Neonicotinoids ban for outdoor uses

FRANCE: Risks/Benefits of neonicotinoids compared to their alternatives

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Ecophyto II+, update and improvement of Ecophyto II

Version II+ of Ecophyto plan, updating and improving Ecophyto II, was examined during the Strategic Orientation Committee (COS) of 27 July 2018. This new version features the actions planned in the French action plan of 25 April 2018 on plant protection products and on a less pesticide-dependent agriculture  and in the French action plan of 22 June 2018 for a ban of glyphosate within three years .

Among the issues, the ministers notably announced that, in a first step, renewals of authorisations of glyphosate-based products will only be obtained for a maximum period of three years. Besides, the uses for which comparative assessments will underline that non-chemical alternative solutions are available and are commonly used, will be banned progressively.

With regard to neonicotinoids, ministers indicated that only few exemptions to the ban are envisaged. Those exemptions will only concern acetamiprid-based products, for low volumes and after a comprehensive risk assessment.

The public consultation for Ecophyto II+, initially announced for July 2018, will be held in Autumn 2018. The plan is expected to be published by the end of 2018.

 

To download:

Press release of 27 July 2018 – Strategic orientation committee of Ecophyto plan (in French)

 

See also our previous articles:

FRANCE: Action plan for plant protection products

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

FRANCE: Risks/Benefits of neonicotinoids compared to their alternatives

The French Agency Anses published on May 30th the final opinion regarding risks and benefits for plant protection products containing neonicotinoids and their alternatives. The assessment was initiated in 2016 as part of the implementation of the Law for biodiversity regrowth, nature and landscapes. This Law sets a ban for products containing  active substances from the neonicotinoids family and for seeds treated with these products from 1st September 2018, exemptions being possible until 1st July 2020 based on a comparative assessment performed by Anses of the benefits and risks linked to the uses of these products and of available substitution products and alternative strategies.

It is to be noted that restriction measures regarding the use of this insecticide family are also set at EU level. Indeed, the use of Imidacloprid, Clothianidin and Thiamethoxam has just been restricted to permanent greenhouses or to the treatment of seeds intended to be used only in permanent greenhouses by Regulations (EU) 2018/783, 2018/784 and 2018/785 published on May 30th. The resulting crop must stay within a permanent greenhouse during its entire life cycle. Member States shall amend or withdraw existing authorisations for products containing these active substances by 19 September 2018 at the latest, with a grace period, if any, expiring by 19 December 2018 at the latest.

Anses opinion is composed of 3 volumes:

– ldentification of alternatives to the authorised uses of neonicotinoids

Chemical and non-chemical alternatives were identified for most of the 130 authorised uses of neonicotinoids. In six cases, no alternative was identified.

Chemical alternatives rely on the same family of active substances, or on a single active substance active or a single marketed product.

In the current state of knowledge, the non-chemical methods appearing to be most suitable for immediately, effectively and sustainably replacing neonicotinoids are biological control, physical control by applying a protective layer (paraffin oil, clay, etc.) and mating disruption, when these methods are already available in France or easily transferable.

– ldentification of risk indicators for human health and  for environment, including pollinators

Two risk indicators for human health (dietary and non-dietary exposure) and six risk indicators  for environment (risks for birds, mammals, earthworms, aquatic organisms, bees and groundwater) were used but did not permit to globally and concisely conclude regarding substances with the least unfavourable risk profiles compared to that of neonicotinoids.

– Impact assessment of the ban of concerned PPPs on agricultural activity

Carrying out an assessment of the agricultural impact of the ban on neonicotinoids, aside from the fact that it does not address the environmental, health and social consequences for which there is no scientific consensus, raises a number of challenges that were not resolved, especially concerning the methodology, and data availability and reliability. The opportunities for alternative practices have yet to be confirmed and economical analysis methods devoted to the transformation and adaptation capacities of agricultural systems need to be developed.

To conclude, Anses remind that a combination of different methods is needed to fight efficiently against pests. The Agency warns about the fact that the ban on the use of substances belonging to the neonicotinoid family risks causing increased resistance to other insecticides, especially pyrethrinoids, if they are used as alternatives. According to Anses, it is currently difficult to predict the impact of this ban on agricultural activity. Anses recommend speeding up the implementation of effective alternative methods for crop protection and management that are safer for humans and the environment (chemical mediators, beneficial insects, etc.).

 

To download (in French):

AVIS et RAPPORT de l’Anses “Risques et bénéfices relatifs des alternatives aux produits phytopharmaceutiques comportant des néonicotinoïdes” – Tome 1

AVIS et RAPPORT de l’Anses “Risques et bénéfices relatifs des alternatives aux produits phytopharmaceutiques comportant des néonicotinoïdes” – Tome 2

AVIS et RAPPORT de l’Anses “Risques et bénéfices relatifs des alternatives aux produits phytopharmaceutiques comportant des néonicotinoïdes” – Tome 3

 

See also our previous articles:

EUROPE: Neonicotinoids ban for outdoor uses

FRANCE: ANSES recommends strengthening the conditions of use of Neonicotinoids