A ban on certain uses of glyphosate-containing products is legally possible. This is the conclusion of Hanna Schebesta, associate professor in the Law chair group, in a second opinion issued at the request of the standing parliamentary committee of Agriculture, Nature and Food Quality (LNV).
As early as 2018, a majority of the House of Representatives supported a motion to no longer allow glyphosate for spraying grassland, green manures and catch crops. However, the agriculture minister declared this motion unfeasible, because such a ban would go against European regulations. The State Advocate also noted legal untenability.
Schebesta, who previously advised on this subject, draws a different conclusion. Following a new analysis of legislation and jurisprudence, she states: such a limitation is possible on the basis of Regulation 1107/2009. She also points out that the Plant Protection Products and Biocides Act (Wgb) offers the Minister scope to set his own rules - and that this does not affect the independence of the Board for the Authorisation of Plant Protection Products and Biocides (Ctgb). She also argues why the term ‘admissibility’ from European legislation should not be interpreted as an admission duty for the Member States.