No derogations granted for plant protection products containing thiamethoxam or clothianidin in the future – treated sugar beet seeds can still be sown in the 2023 growing season
The Court of Justice of the European Union issued a preliminary ruling on 19 January 2023 concerning the processing, placing on the market and sowing of plant protection product seeds containing thiamethoxam and clothianidin. According to the preliminary ruling, plant protection products containing thiamethoxam or clothianidin cannot be granted a derogation in case of emergency situations in plant protection in the future. In Finland, the Finnish Safety and Chemicals Agency (Tukes) has granted a derogation for the 2023 growing season to sow sugar beet seeds that have been treated with a plant protection product containing thiamethoxam. The preliminary ruling of the Court of Justice of the European Union does not prevent the pickling, selling or sowing of sugar beet seeds with the product that was granted a derogation in the 2023 growing season.
In its preliminary ruling C-162/21 of 19 January 2023, the Court of Justice of the European Union has come to a new interpretation of the legislation on plant protection products in the granting of derogations for plant protection products containing clothianidin and thiamethoxam, which are prohibited in the European Union, for the treatment of seeds, placing the treated seeds on the market and sowing. These active substances belong to the group of active substances of neonicotinoids in terms of their chemical modes of action. The ruling concerns the active substances of plant protection products, which are specifically prohibited in the European Union for treating seeds, placing the treated seeds on the market and sowing.
Until now, the interpretation of Article 53 of the EU regulation (EC) No. 1107/2009 on plant protection products has included the possibility for the Member States to grant derogations for plant protection products containing the aforementioned active substances in order to secure the health of plants when the conditions for the derogation are met and when no other plant protection methods or products are available.
The EU Member States have granted several derogations every year for plant protection products containing thiamethoxam and clothianidin as active substances for seed treatment and sowing sugar beet seeds in emergency situations in plant protection. In Finland, Tukes granted a derogation in October 2022 for the 2023 growing season to sow sugar beet seeds treated with the Cruiser 600 FS SB product (active substance thiamethoxam) to combat flea beetles, heteroptera, mangold flies and soil pests.
According to the preliminary ruling, derogations cannot be granted for seed treatment, placing treated seed on the market and sowing for products containing thiamethoxam or clothianidin as the active substance. The ruling obliges the Member States to take into account the new interpretation in their decision-making from 19 January 2023.
According to Tukes’ current interpretation, the preliminary ruling of the Court of Justice of the European Union does not prevent the pickling, selling or sowing of sugar beet seeds with the Cruiser 600 FS SB product, which was previously granted a derogation, in the 2023 growing season.
More information:
Senior Officer Marja Suonpää, tel. +358 29 5052 092, [email protected]
