EU General Court Judgment in Case T-77/20 Ascenza Agro and Industrias Afrasa v Commission

Wednesday 27th September 2023

General Court

Judgment in Case T-77/20 Ascenza Agro and Industrias Afrasa v Commission

(Agriculture and fisheries)

Two manufacturers of plant protection products, the Portuguese company Ascenza Agro and the Spanish company Industrias Afrasa, are asking the General Court of the European Union to annul a Commission implementing regulation by which the marketing approval for the active substance chlorpyrifos-methyl was not renewed.

In June 2013, Ascenza (then known as Sapec Agro SA) and another company producing CHP-methyl, Dow AgroSciences Ltd, each submitted an application for renewal of the approval of CHP-methyl.

As part of the human health risk assessment for this substance, EFSA issued two “statements” on 31 July and 8 November 2019, which contained considerations largely arising from the application of the cross-referencing method. This method makes it possible to take into account, for risk assessment purposes, data from studies carried out with another active substance that is close (in this case, chlorpyrifos). On the basis of these considerations, EFSA considered that the criteria for the protection of human health set out in Regulation 1107/2009 were not met.

On 6 December 2019, the Member States, meeting within the Standing Committee on Plants, Animals, Food and Feed, delivered a favourable opinion by qualified majority on a draft regulation not renewing the approval of CHP-methyl.

On 10 January 2020, the Commission adopted the contested regulation, together with another regulation not renewing the approval of chlorpyrifos. Ascenza and Industrias Afrasa then brought an action for annulment of the contested regulation.

Background Documents T-77/20