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Decryption Petition against the Duplomb Law: the 4 reasons for its unprecedented success

The Duplomb law ultimately has a powerful perverse effect: by going for the simplest solution, it delays the search for alternatives to pesticides.

Why such a setback? Probably in response to the 2024 farmers' movement, which expressed "fed up" with environmental standards and which constantly threatens to resume. But these demands mask a deep-seated problem that I have sought to identify in my work: the incompatibility between environmental standards and commercial requirements, which can lead producers to break the law when they use pesticides (by exceeding the dose per hectare set by regulations, for example).

But the Duplomb law responds to this anger in a doubly simplistic manner. It unquestioningly repeats the demands of the 2024 movement—demands for the continued use of pesticides without alternatives, flexibility in the authorization of plant protection products, and relaxation of formalities governing the size of livestock farms and access to water (megabasins).

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On the other hand, the law does not address the real administrative constraints that weigh on producers (declarations, formalities of all kinds). Above all, it does not tackle the root of the distortions of competition that occur at the supranational level.

Reducing distortion should involve harmonizing approval decisions at the European level, rather than just at the national level. The introduction of "mirror clauses" in international trade agreements would make it possible to prohibit the import of foodstuffs produced with phytosanitary substances banned in Europe.

Threats to Anses

Is the Duplomb law just another law designed to send symbolic signals to farmers, or is it the tool of a deeper regressive policy on the environmental front?

A provision of the law justifies this concern. It concerns the prerogatives of the French National Agency for Food Safety (ANSES) over the marketing of pesticides.

As a reminder, prior to 2014, the Ministry of Agriculture issued pesticide authorizations after a scientific assessment conducted by the agency. At that time, Stéphane Le Foll, then Minister of Agriculture, transferred this authority to ANSES in order to provide better guarantees against potential collusion of interests between the Ministry of Agriculture and the interests of the agricultural sector.

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The drafters of the Duplomb Law considered several avenues for reducing the power of ANSES and restoring the prerogatives of the Ministry of Agriculture. Finally, faced with the threat of the agency's director's resignation, a compromise solution was found: ANSES will now be more accountable to its supervisory ministries in the event of a pesticide release.

The text also provides for a list of "priority uses" of pests that threaten national production potential. ANSES will therefore have to consider the priorities of the Ministry of Agriculture when establishing its review schedule for marketing authorizations. In short, ANSES retains its prerogatives but now moves forward with greater control, when the only issue should be strengthening its powers.

In recent years, the Ministry of Agriculture has made numerous attempts to undermine its expertise. In 2023, the ministry specifically requested that ANSES reverse its ban on the main uses of the herbicide S-metolachlor. However imperfect the risk assessment, the agency is carrying out considerable work to consolidate scientific knowledge on the dangers of pesticides, notably through a phytopharmacovigilance network that is unique in Europe.

Thus, the Duplomb law seems to signal a desire to return to the era when the ministry co-managed the country's entire agricultural policy with the unions, as it did sixty years ago with the French Agricultural Council (CAF). This comes at the cost of suspending scientific achievements in health and the environment if they undermine agricultural competitiveness in the short term? Future political decisions will allow us to answer this question with greater certainty.

This article is an op-ed, written by an author outside the newspaper and whose point of view does not reflect the editorial staff's views.

Le Nouvel Observateur

Le Nouvel Observateur

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