Farming law approved but France upholds ban on pesticide

A controversial law providing an overhaul of farming regulations has been approved by France’s Constitutional Council – but a section reauthorising the use of pesticide acetamiprid has been rejected.

The Conseil constitutionnel gave its verdict yesterday (August 7) after MPs and Senators voted in favour of the ‘loi Duplomb’ earlier this year. 

The majority of the measures included in the bill were passed and will come into effect after it is promulgated by French President Emmanuel Macron in the coming weeks. 

This is despite a petition asking for the bill to be axed gaining more than two million signatures. The petition can be found here. 

Further debates on the bill may be held by MPs in autumn after parliament reconvenes in September, but few changes are expected to follow.

Controversial pesticides to remain banned 

Relaxed regulations for the construction of large livestock farms (similar to ‘factory farms’) and to the construction of water storage facilities for farms are two notable measures that remain in the wider law, although the Council cited some reservations about the latter.

However, it removed ‘article 2’ from the law, which would have re-legalised certain pesticides that contain neonicotinoids (a class of insecticides) such as the currently-banned acetamiprid.

The pesticide, commonly used by hazelnut and beetroot farmers, has been banned since 2020 in France but is in use in other EU countries. 

However, authorisation for farmers elsewhere in the bloc to use the chemical only runs until 2033 with a growing list of evidence pointing towards harmful effects on the environment – particularly for bees – and humans. 

It is possible that the pesticide will be banned from 2033 onwards in the EU regardless of the decisions made in France. 

The Council cited France’s environmental charter as a reason for removing this article: 

“The legislature must, when adopting measures likely to cause serious and lasting harm to a balanced and healthy environment, ensure that choices intended to meet the needs of the present do not compromise the ability of future generations and other peoples to meet their own needs, while preserving their freedom of choice in this regard.”

Are more protests on the way? 

Farmers unions which were strongly in favour of the bill have voiced their displeasure, alongside several right-wing politicians.

The striking down of the article was “an unacceptable and incomprehensible shock,” said the FNSEA which has previously rallied for protests in support of the bill earlier this year. 

Unions may call for further protests following this latest decision.

Right-wing Les Républicains MP Laurent Wauquiez criticised “the level of interference by constitutional judges… which is becoming a real problem [for French] democracy.” 

“By behaving like a legislator when it lacks the democratic legitimacy to do so, the Constitutional Council is sawing off the branch it is sitting on,” said far-right MP Marine Le Pen.

The Constitutional Council is an 11-person body – always including two former presidents in its ranks – which assesses texts passed by MPs and Senators to check they comply with the nation’s constitution. 

The Council has the power to remove articles it deems unconstitutional or considers too far from the main aspect of a bill (‘legislative riders’ or cavalier législatif) as was the case regarding second-home owner visas which was originally included in the 2024 immigration law. 

However, MPs on the left have responded positively to the announcement. 

The ruling is “a victory for ecology, health, and democracy,” said head of the Socialist Party Olivier Faure. 

“We must learn the lessons of a government that fervently pushed through a law that denied scientific data, turned its back on environmental issues, trampled on the role of parliament, and reauthorised pesticides that are dangerous for bees,” he added.