Environmental and nature conservation organisations are taking the Flemish government to court over its pesticide policy. They argue that not only does nature need better protection, but also schools and care homes..
Five organisations (Natuurpunt, WWF, Velt, Bond Beter Leefmilieu and Dryade) are taking the Flemish government to court over the use of pesticides in Flanders. They believe that the policy is insufficiently regulated and even contravenes European directives. They had served the government with a notice of default at the end of October. As no satisfactory response was received, the organisations are now taking the matter to court..
The five organisations feel emboldened in their legal battle by court rulings inthe Netherlands and France.In France, the Council of State has ruled on the matter three times. ‘The Council ordered the French government to implement the European Pesticides Directive,’ says Dries Verhaeghe of the non-profit organisation Dryade. ‘That directive has never been properly transposed into policy here.’
According to observers, this court ruling makes the case ‘the easiest to win’ for the environmental movement..
In the summons, the five organisations are demanding that an assessment first be carried out of the effects of pesticide use on nature protected under the European Habitats Directive. The EU has been requiring such an assessment since 2004, but one has never been carried out in Flanders.
Moreover, environmental organisations are calling for the use of pesticides in water extraction areas and in European protected nature to be reduced or banned. This obligation has existed since 2011.
Buffer zones should be established around nature, waterways, and vulnerable areas such as schools and care homes. Currently, these are only one to ten metres wide. The five organisations believe this should be 500 metres.
The case begins on 6 February at the Brussels court. If the Flemish government is found to be in the wrong, it must amend the regulations, otherwise, penalties will follow.
The office of the competent Flemish Minister of Environment, Zuhal Demir (N-VA), says it is still studying the summons. Spokeswoman Katrien Smet points out that Demir wants to halve the use of pesticides by 2030 – the same objective stated in the European Green Deal.
Fewer insects
The office of the Flemish Minister of Agriculture, Jo Brouns (CD&V), also received the summons. 'We note that the environmental movement is once again opting for legal confrontation,' Brouns responds. 'This threatens to become yet another sword of Damocles hanging over the agricultural sector. Meanwhile, the rules have become increasingly strict and farmers are increasingly investing in sustainable alternatives.'
To demonstrate the damage to nature, the five organisations refer to the decline in insect populations. Traces of pesticides are also appearing in the blood of humans. This was noted by the research institute Vito last year in 212 children from Dessel, Mol, and Retie. High levels were found in them. 'A stricter pesticide policy is not an option but a necessity,' Vito stated at the time.
Belgium ranks fourth among European countries for the highest pesticide use per hectare of arable land.