Report from the Sub-committee on Legislation

3. Problems

3.1 The sub-committee’s main task
3.2 Specific problems

3.1 The sub-committee’s main task

According to the sub-committee’s mandate, its main task is to determine:
whether there are rules of law that prevent implementation of Danish legislation or other national regulation aimed at a total or partial phase-out of the use of pesticides in agriculture,

and, if there are,
what initiatives can be taken to overcome the legal obstacles to a total or partial phase-out of the use of pesticides in agriculture.

The sub-committee has therefore assessed these questions in relation to the following bodies of law:
EU law
WTO law (World Trade Organisation)
The Danish Constitution, section 73 on Right to Property, Expropriation.

3.2 Specific problems

The specific problems considered by the sub-committee include:

a. Prohibition (total or partial) of the sale of plant protection products
(inter al. 6.1.1, 6.2, 6.3, 7.1.1, 7.1.2, 7.2.3 and 7.2.4)
b. Prohibition (total or partial) of the use of plant protection products
(inter al. 6.1.2 and 6.7)
c. Tightening of the authorisation scheme for plant protection products
(inter al. 6.1.3, 6.8, 6.9 and 7.1.4)
d. Tightening of requirements concerning marketing
(inter al. 6.6 and 7.1.6)
e. Higher taxes on plant protection products / pesticides
(inter al. sections 6.11 and 7.1.8)
f. Grants for production without plant protection products
(section 5.1.2)
g. Agreements with the agricultural industries on reducing the use of pesticides
(sections 6.13 and 7.1.5)
h. Self-regulation in the agricultural industries with respect to the use of pesticides
(section 6.14)
i. Training as a condition for use of plant protection products
(sections 6.15 and 7.1.7)
j. Lower limit values for pesticides in food products
(sections 6.10 and 7.2.6)