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Toxic Exports: Why CCFD-Terre Solidaire and the Veblen Institute Are Suing the French State

Mathilde Dupré & Stéphanie Kpenou, 12 November 2024

[English] [français]

Despite a 2018 ban, France continues to produce and export hazardous active substances, prohibited for use on its own territory due to their toxicity.

To health and the environment, under the Egalim Law. Article L.253-8 IV of the Rural and Maritime Fisheries Code explicitly bans "the production, storage, and circulation of phytopharmaceutical products containing active substances not approved for reasons related to the protection of human or animal health or the environment in line with Regulation (EC) No. 1107/2009 of 21 October 2009."

However, the interministerial circular of July 23, 2019—intended to clarify the law’s application—significantly limits its scope. This document states that the ban "applies only to phytopharmaceutical products containing in their formulation active substances not approved at the European level," and not to the substances themselves.

This circular contradicts the intent of the law, which was to strengthen public health and environmental protections, thereby rendering it ineffective. For this reason, CCFD-Terre Solidaire and the Veblen Institute have brought a case to the Conseil d’État.

Massive Exports of Substances, Primarily to Low- and Middle-Income Countries

  • 7,300 tons of banned pesticides were exported from France in 2023, with 4,500 tons (over 60%) exported as pure substances.
  • These exports included 23 banned substances/pesticides.
  • 3,000 tons of picoxystrobin were exported by Corteva—enough to treat an area the size of France!
  • More than 80% of the total volume of banned pesticides exported in 2023 went to low- or middle-income countries, with Brazil receiving nearly 3,000 tons in 2023, where their use poses exceptionally high risk levels.
Procedural Steps
  • April 2, 2024: Our NGOs requested that three ministers—Christophe Béchu (Ecological Transition), Marc Fesneau (Agriculture), and Bruno Le Maire (Economy)—repeal the circular and adopt a new one consistent with the ban’s intent. Despite their public statements aligning with our request, we received no response, resulting in an implicit refusal.
  • August 7, 2024: We filed with the Conseil d’État, requesting the circular’s annulment, with the support of the Lyon-Caen law firm.
  • November 4, 2024: Final submission of the legal brief detailing our arguments.

See our press kit for more details.

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