Legal assessment claims German UBA´s biodiversity use restrictions (Biodiversitätsflächenauflagen) to be without legal basis

Date: 27 August 2019

In November 2018, German UBA started to give consent to some herbicide and insecticide applications under the precondition that the farmer using that pesticide runs at least 10% of his arable land as so called biodiversity area: fallow land, flower strips or sparse seed, areas on which no pesticide applications may be made. The biodiversity use restrictions are based on a legal assessment that had been issued on behalf of UBA in 2017 (UBA Texte 101/2017). At present several law cases against the biodiversity use restrictions are pending at the administrative court in Braunschweig. Depending on the outcome of these law cases, the provisions of UBA may have to be followed after 1 January 2020.

Now the summary of an extensive legal assessment, originally written on behalf of a pesticide producer: „Biodiversitätsflächenauflagen im pflanzenschutzrechtlichen Zulassungsverfahren – Eine initiative ohne Rechtsgrundlage” (Biodiversity use restrictions in pesticide registration procedures – An initiative without legal basis) was published by Hans-Georg Kamann in Zeitschrift für Stoffrecht (StoffR 2/2019).