Duplomb Law: Reintroduction of a banned pesticide censored by the Constitutional Council

The Sages delivered their highly anticipated conclusions on the Duplomb law this Thursday at 7 p.m. They censured the reintroduction of a banned pesticide from the neonicotinoid family, the most controversial provision in the bill, deeming it contrary to the Environmental Charter.

Emmanuel Macron has "taken careful note of the Constitutional Council's decision" and "will promulgate the law" according to the Elysée, "as soon as possible."

The Constitutional Council , on the contrary, validated the administrative simplifications granted to the largest livestock farms, as well as to the construction of water storage facilities for agricultural purposes, with nevertheless some reservations for this second measure.

He also considered that the procedure for adopting the text, which had been rejected by its own supporters in the Assembly, was in accordance with the Constitution.

Their decisions were expected on the conditional reintroduction of a banned pesticide, as well as on three other texts, notably the reform of municipal elections in Paris, Lyon and Marseille, which they validated.

Presented as a response to the major agricultural protests of 2024, the Duplomb law has been the subject of a strong protest movement despite the summer, pushed by environmental activists. A petition calling for its repeal has gathered more than 2.1 million signatures.

A rally has been taking place since 4:00 p.m. in front of the Constitutional Council at the initiative of the group opposed to this law and representing the signatories of the petition.

The cause in particular: the reintroduction by way of derogation of acetamiprid, a pesticide from the neonicotinoid family. It has been banned in France since 2018 but is authorized elsewhere in Europe. Harmful to biodiversity, the return of acetamiprid is being demanded by some beet and hazelnut producers.

The Constitutional Council, recently chaired by Richard Ferrand, was forced to make a decision under pressure from both public opinion and the agricultural community. It ultimately ruled that "due to a lack of sufficient oversight," this measure was contrary to the "framework defined by its case law, arising from the Environmental Charter," according to a press release. This charter has constitutional value.

In their decision, the Sages recall that neonicotinoids "have an impact on biodiversity, particularly for pollinating insects and birds" and "induce risks for human health."

In 2020, they had agreed to a temporary exemption to their ban, limited to the beet sector and seed coating. This time, the Constitutional Council censures the exemption introduced into the law, noting that it is not limited in time, nor to a particular sector, and also concerns spraying, which presents a high risk of dispersal of substances.

By introducing such an exemption, the legislator "has deprived of legal guarantees the right to live in a balanced and health-friendly environment guaranteed by Article 1 of the Environmental Charter," the Sages write in their decision.

They also censored provisions concerning the repression of certain environmental offences, considered as "legislative riders", that is to say without sufficient connection with the initial text.

Presented as one of the responses to the major agricultural protests of 2024, the Duplomb law was adopted with the votes of the government coalition and the far right.

The left, up in arms, had taken the matter to the Constitutional Council. In addition to certain provisions, it challenged the procedure used in the Assembly to pass the text. Its defenders had themselves rejected it outright to circumvent the approximately 3,500 amendments tabled—many of them by the Greens and the Insoumis—preventing its consideration in the chamber.

But the Constitutional Council ruled that the adoption of this preliminary motion of rejection "did not disregard either the right of amendment or the requirements of clarity and sincerity in parliamentary debate." The proper conduct of democratic debate requires that "both parliamentarians and the government can use the procedures" at their disposal without hindrance, it notes.

For the FNSEA, this decision is "a shock, unacceptable, and incomprehensible." The union called for the return of this banned pesticide to protect "endangered" agricultural sectors. The Confédération paysanne, the third-largest agricultural union, hailed it as a "stage victory," calling for "continued pressure to achieve a reorientation of agricultural policies."

Concerning the measures on certain water storage structures with an agricultural purpose, for which the Duplomb law provides in particular a presumption of major general interest, the Constitutional Council has issued two reservations of interpretation.

The measures adopted must not allow for sampling from inertial water tables - which empty or fill slowly - and must be able to be contested before a judge.

The Sages have finally fully validated provisions eagerly awaited by some farmers concerning pig and poultry farming, which require prior authorization for a certain number of animals. The law provides, in particular, for raising these thresholds.

Emmanuel Macron now has two weeks to promulgate the law.

The Constitutional Council issued three further rulings this Thursday. It upheld the "refoundation" laws in Mayotte as well as the municipal election reforms in Paris, Lyon, and Marseille. However, it censored the extension of the length of time certain foreigners are held in administrative detention centers (CRA).