Judgment of the Administrative Court of Braunschweig on admissibility of biodiversity areas

Date: 10 September 2019

The BVL has recently published the judgment of the Administrative Court of Braunschweig on the admissibility of biodiversity areas:

"The Administrative Court of Braunschweig allowed the claim of two pesticide manufacturers on September 4. The manufacturers had complained that their pesticides were only approved by the Federal Office of Consumer Protection and Food Safety (BVL) until 31 December 2019.

Normally, the BVL sets the duration of the authorisation to be valid for the duration of the approval of the active substance plus one year. The reason for the shortened expiry date for the authorisation in the two cases mentioned above were the controversial application requirements for biodiversity protection required by the Federal Environmental Agency (UBA) from 2020 onwards.

The judgments now oblige the BVL to grant authorisations for the mentioned plant protection products beyond the previous expiry date of the registration on 31 December 2019.

Furthermore, according to the judgments, the approval must be extended with its current content and not be provided with the application provisions for biodiversity requested by the Federal Environmental Agency.

The Administrative Court justifies this decision by stating that it is currently not possible to take into account unacceptable effects on biodiversity, as there is a lack of scientific methods approved by the European Food Safety Authority (EFSA) for assessing these effects. Also, neither Regulation (EC) No 1107/2009 nor the Plant Protection Act would provide a legal basis for the adoption of compensation areas.”

To read the original publication in German, please follow the link to the BVL website.