Report from the Sub-committee on Legislation

Preface

The Sub-committee on Legislation, which is part of the Bichel Committee, was appointed in September 1997 to assess the legal consequences of phasing out the use of pesticides in agriculture. In the spring of 1998, the sub-committee’s mandate was expanded to cover the legal consequences of a total restructuring of Danish agriculture for organic production.

This report contains the sub-committee’s assessment of a number of legal questions concerning a phase-out of the use of pesticides in agriculture. The legal questions concerning a total restructuring of Danish agriculture for organic production are dealt with in a supplementary report.

The sub-committee has based its assessment of the legal questions on EU law, WTO law and the Danish Constitution’s rules on expropriation.

The sub-committee’s report and supplementary report are one of five technical background reports forming the basis for the Bichel Committee’s final report to the Danish Minister of Environment and Energy.

The other background reports cover the consequences of phasing out the use of pesticides for agriculture, environment and health, production, economy and employment, and total restructuring for organic production.