It is a victory for the well being of local residents and the preservation of biodiversity. The “charters of commitment”, which purpose to cut back the security distances between houses and pesticide spraying, have been within the sights of associations for a number of years. As a part of the authorized process co-supported by 8 associations and unions, the Constitutional Council has right now rendered its choice: the system of charters and the pseudo-consultation put in place by the federal government for the event of those charters, don’t conform to the Constitution. Administrative judges and the legislator should draw the results instantly.
What’s flawed with charters?
Since their introduction into the EGALIM legislation in 2018, the query of charters permitting derogations from the nationwide safety base of neighbors of agricultural plots with regard to pesticides has raised questions. First of all, on the deserves: why would the spreading distances be completely different from one place to a different when the well being hazards of pesticides are the identical? For our organizations, this disparity on the nationwide territory inside this exact framework can’t be justified. The precedence have to be the safety of public well being.
Regarding the shape, the consultation method which needed to be initiated by the customers themselves has demonstrated its limits and subsequently its unconstitutionality: restriction of the consultation to solely representatives of local residents, absence of official data, consultations solely on-line, observations of members not taken under consideration …
As the sensible males level out, this “pesticide” laws presently in place doesn’t make it attainable to have an actual dialogue on a topic which is however important, nor to successfully defend the well being of the populations, and specifically of the residents. Result, on the bottom: the dialogue didn’t actually happen and tales of “biased” consultations had been quite a few throughout France (1)… Note that charters of dedication have been established up to now in 80 departments in response to the federal government and not using a exact listing being accessible up to now.
Why this choice of the Constitutional Council and the way is it excellent news?
For the associations mobilized, the decree framing the consultations for the event of “charters of engagement” is prohibited specifically as a result of it was adopted on the idea of an unconstitutional legislative textual content. Indeed, this legislative textual content (2) doesn’t adjust to Article 7 of the environmental charter, which supplies that public participation have to be supplied for and supervised for all public choices having a major affect on the surroundings.
The Constitutional Council recognizes in its decision of March 19 that the charters, which govern the circumstances of use close to houses for plant safety merchandise, have a direct and important affect on each biodiversity and public well being. By its choice, the Constitutional Council subsequently dominated in favor of the organizations. This choice now requires administrative judges and parliament to attract the results instantly.
“The health of local residents and the biodiversity around the fields deserve better than false consultation and cheap protection: this decision is a relief. Only coherent and truly protective national provisions are acceptable. This should not prevent us from supporting local dialogue initiatives that do not cut back on national protection measures. Our associations are always ready to exchange, share, build, but it is urgent to take courageous decisions ”, react the signatory organizations of this press launch.
The combat doesn’t cease there for our organizations, which have for reminiscence lodge appeals earlier than the Council of State towards the nationwide regulatory texts which body the usage of pesticides in France. The subsequent authorized step is now to acquire higher safety and data for populations residing close to handled agricultural plots, in addition to actual safety of the surroundings and specifically of water sources and agricultural employees.
The group of NGOs concerned within the appeals towards the decree and the decree of December 27, 2019, and the Priority Question of Constitutionality filed:
Alert medical doctors on pesticides; Collective of pesticide victims from the west; Collective of pesticides victims of Hauts de France; Water and Rivers of Brittany; France Nature Environment; France Nature Environment; Future generations ; Solidarity; UFC-Que Choisir; OGM Charentes vigilance
(1) Several examples to find on the finish of the press launch
(2) III of article L.253-8 of the agricultural and maritime fishing code