Il Nuovo Postiglione - France strikes down return of banned bee-killing pesticide

The so-called "Duplomb law" sparked public anger for permitting a return of acetamiprid -- a chemical known to be toxic to bees and other creatures but relied on by some European farmers.

A student-led petition against the bill garnered more than two million signatures after lawmakers adopted it on July 8, with critics saying it was rushed through a divided lower house of parliament without a proper debate.

The Constitutional Council said in its ruling that a provision in the bill allowing exemptions to the ban of products containing neonicotinoid chemicals such as acetamiprid would violate France's environmental charter, which has constitutional status.

In 2020, the council had granted a temporary exemption to the ban, limited to the beet sector and seed coating.

But the ruling said this measure did not give enough detail about how long the pesticides could be used, how they would be applied, or which crops they would affect.

The legislature undermined "the right to live in a balanced and healthy environment" enshrined in the charter, the council said.

"Neonicotinoids have an impact on biodiversity, in particular on pollinating insects and birds, as well as consequences for water and soil quality, and pose risks to human health," the council said.

The Constitutional Council approved two other measures in the law: one allowing for the construction of water storage for agricultural purposes, and another raising thresholds at which pig and poultry farms require prior authorisation.

French President Emmanuel Macron took "note" of the ruling, his office said on Thursday.

The president will enact the law as soon as possible in a form that takes the ruling into account, the Elysee said.

-'Bee-killer'-

Banned in France since 2018, acetamiprid remains legal in the European Union, and proponents said that some French farmers needed it to help them compete economically.

The insecticide is particularly sought after by beet and hazelnut growers, who say that they have no alternative against pests and face unfair competition.

But a petition on France's lower-house National Assembly's website, which garnered more than 2.1 million signatures, called the measure a "frontal attack on public health".

Beekeepers have described the chemical as "a bee killer", and its possible effects on humans are also a source of concern, though its risk remains unclear in the absence of large-scale studies.

For some opponents, frustration stretched beyond environmental and health concerns to exasperation over the country's political deadlock.

One supporter of the petition called it "democratic revenge" after Macron forced a controversial pension reform through parliament in 2023 and dissolved the lower chamber last year, sparking political turmoil that resulted in a hung parliament.

In late June, before the law's passage, several thousand demonstrators — including farmers, environmental organisations and scientists -- rallied across France calling for the bill to be withdrawn.

L.Gallo--INP