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What is an emergency? Neonicotinoids and emergency situations in plant protection in the EU

Publication: Contribution to journalJournal articlepeer-review

Abstract

Actions potentially harmful to the environment that are otherwise illegal are sometimes permitted in cases of emergency. How to define an emergency can therefore be both controversial and highly consequential. In this article, we explore one such contemporary controversy: when the use of neonicotinoid pesticides, banned in the EU, can nevertheless be granted an emergency authorization. We analyse several questions, currently before the EU Court of Justice in the ongoing Pesticide Action Network Europe and Others case, that will determine the scope of an "emergency" in the context of derogating from the Pesticide Regulation, and that may impact how "emergencies" are defined in other legal contexts. We argue that the circumstances do not support a legal finding that emergency authorization is justified in this case, and that, in general, "emergencies" must be narrowly defined when justifying measures that involve risks to human health and the environment.
Original languageEnglish
Pages (from-to)1764–1771
Number of pages8
JournalAMBIO: A Journal of the Human Environment
Volume51
Issue number8
DOIs
Publication statusPublished - 2022

Keywords

  • Bees
  • Biodiversity
  • Environmental law
  • EU law
  • Pesticides
  • Pollinators

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