Luxembourg's ban on glyphosate deemed not legal

LuxembourgPosted on 09 April 2023 by Team

Glyphosate is a broad-spectrum herbicide used to kill weeds and unwanted plants. It is the active ingredient in many herbicide products, including Roundup. Glyphosate works by inhibiting an enzyme involved in the growth process of plants, leading to their death. It is one of the most widely used herbicides globally, but its use has been controversial due to concerns about its potential health and environmental effects. Some studies have linked glyphosate exposure to cancer and other health problems, while others argue that it is safe when used according to instructions.

Luxembourg's ban on glyphosate, which went into effect on January 1, 2021, has been ruled illegal by an administrative court of second instance. The ban was challenged by Bayer, which claimed that Luxembourg's approach violated EU law.

Glyphosate is a widely used herbicide that has been controversial due to concerns about its impact on human health and the environment. The European Union has set maximum residue limits for glyphosate in food, but member states can still ban the chemical if they can provide evidence of significant environmental and health risks under specific agricultural conditions.

However, the court ruled that the government failed to meet this burden of proof, stating that the government "had made no indication of any legal argument" to justify the ban. Only the coalition agreement was cited by the government as the legal basis for the ban, according to the court.

The decision has sparked divergent opinions among interest groups. The president of the Luxembourgish farmers' organization expressed relief at the court's decision, while the president of the environmental NGO Mouvement écologique criticized it, claiming that farming is possible without glyphosate.

Despite the court's ruling, concerns about the harmful effects of glyphosate persist. Several studies have linked the chemical to health problems, including cancer and other diseases. Glyphosate has also been shown to harm the environment, including pollinating insects and aquatic life.

The EU has been divided over glyphosate use in recent years, with some member states pushing for a complete ban while others argue that it is a safe and effective tool for agriculture. The European Commission's current authorization for glyphosate is set to expire on December 15, 2023, and the debate over its continued use is likely to continue.

In the meantime, some member states, including Luxembourg, have taken unilateral action to restrict the use of glyphosate. However, as the court's ruling demonstrates, such actions must be based on a sound legal and scientific foundation to withstand legal challenges.

The ruling also highlights the importance of continued research into the health and environmental impacts of glyphosate, as well as the need for greater transparency and public participation in decision-making processes related to agricultural chemicals. Only with a thorough understanding of the risks and benefits of such chemicals can policymakers make informed decisions that promote the health and well-being of both people and the planet.

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