The opinion commissioned by PAN Europe, foodwatch and the Veblen Institute finds that the Commission already has the power to stop allowing residues of pesticides that are not approved for use in the EU. By failing to act, the Commission may be breaching its own legal duties under EU law.
Banned on EU fields, allowed on EU plates
Residues of at least 88 hazardous substances that are banned from use on European farms can still be found in food sold on the EU market.
These include pesticides classified as carcinogenic, hormone-disrupting or highly persistent in the environment.
They reach consumers through imports from countries where these chemicals are still used (often because European companies are still allowed to export substances that are banned in Europe).
Commission’s excuse no longer holds
For years, the Commission has argued that current EU legal provisions prevent it from acting on these residues in imported products.
The new legal opinion comes to a different conclusion: the Commission can act now, especially in cases when substances have been banned because of health risks.
People buying food in Europe have every reason to expect it meets our safety standards.Lead for Campaigns Strategies at foodwatch
Omnibus proposal falls short
Instead of using its existing powers to significantly improve the situation, the Commission suggests addressing it through the recently proposed Food and Feed Safety Omnibus.
PAN Europe, foodwatch and the Veblen Institute warn that the proposal would only cover a small share of the problem. According to their assessment, it would apply to around 20 of the 88 banned substances. Most banned pesticides could therefore continue to end up in food imported into the EU.
Another major shortfall is that action on residues would be dependent on a substance-by-substance impact assessment, instead of an automatic measure based on the regulatory status of the pesticide substance at play. The Omnibus proposal also risks weakening health protection by introducing socio-economic considerations into decisions that should be based on the regulatory status of the pesticide alone. Under the proposed scheme, it could take years before the residue limits of pesticides that are not allowed on the EU market are adjusted. But rules on pesticide residues must protect people’s health now already.
End double standards
The EU must also address the continued export of pesticides that are banned for use in Europe, which is one of the root causes of the problem.
Allowing these substances to be exported while tolerating their residues in imported food creates a dangerous double standard. It harms farmworkers, communities and ecosystems in countries where the pesticides are still used, as well as consumers in Europe.
Sources and additional information
- Policy brief by PAN Europe, foodwatch and the Veblen Institute
- [1]AN Europe: Legal study
- [2] PAN Europe: List based on banned and restricted active substances included in the Prior Consent Inform (PIC) Regulation
- [3] The 2023 European Union report on pesticide residues in food
- [3] PAN Europe: Double standards, double risk: Banned pesticides in Europe’s food supply (24/09/2024)