HomePoliticsDupombas Law: pesticides, mega-bases ... that the Constitutional Council could censor

Dupombas Law: pesticides, mega-bases … that the Constitutional Council could censor

The wise should decide on this very controversial text that aims to “lift the limitations” on the farmer’s profession on August 7. Several provisions could contravene the principles of the Constitution, beginning with “the right to a healthy environment” and “the guarantee of health protection.”

A symbolic cap a few days before taking wise positions. The request against the Duplumba law reached 2 million signatures this Monday, July 28, which will probably allow the organization of a new debate without vote in the National Assembly around this particularly controversial text. A debate that, unless it is surprised, is celebrated in September.

But while waiting for these new exchanges in the hemicycle, it is above all the decision of the Constitutional Council on August 7, what is expected. The institution could largely censor the DupLom law.

• Neonicotinoid reintroduction

The Constitutional Council, which is responsible for saying whether a bill or a bill respects the Constitution, must largely use the principles of the Environment Charter. This text dating from 2005 now has a constitutional value and acts in its first article “the right to a healthy and balanced environment.”

Several articles of the Dupber law could contravene this principle, beginning with the reintroduction of acetamipride, a pesticide of the neonicotinoid family. They were prohibited in France in 2018 under the first presidency of Emmanuel Macron. Among the reasons invoked at that time to prohibit this category of phytosanitary widely used in beet and hazelnut farms: the question of the protection of bees.

Neonicotinoids act on their nervous system and are considered “murderers of bees” by many scientists. In fact, its use is multiplied by three its mortality, as demonstrated by several scientific studies. An essential pollinizer, the bee participates in 80% of the reproduction of plant species worldwide. Clearly, without bees, most fruits or vegetables would simply be impossible.

Therefore, the Constitutional Council could estimate that the return of neonicotinoids does not respect “the right to a healthy and balanced environment.”

• The supplementation of the purchase of pesticides for farmers

Second provision of the Dupber Law that could be censored by the wise men of Rue de Montpensier, “the modification of the Organization for the Advice and Sale of Plant Protection Products”, the scientific name to designate pesticides.

Specifically, article one of this text wants to “reduce the number of mandatory information that will be transmitted” to the farmer who uses pesticides during his purchase, such as his toxicity.

Wise men could estimate that this provision does not respect the constitutional principle in accordance with that is in the 1946 Constitution and that is included in the Constitution of 1958, that “guaranteeing all in particular the child, the mother and the old workers, the protection of health.” In fact, farmers are particularly concerned about public health problems.

In 2021, Inserm, the National Institute of Medical Research and Health, published an opinion based on 5,300 studies of studies that conclude that a “strong presumption” of a link between exposure to pesticides and six serious diseases: three cancers, including that of the prostate, Parkinson’s disease, cognitive disorders and respiratory disease.

In addition, the return to this text of AcetamiprideIt also raises public health problems. EFSA (European Food Security Authority), in An opinion of 2013He questioned the non -toxicity of the neurodevelopment of acetamiprid, that is, the risk of a harmful effect on the brain during its development in a fetus or a child.

What is Acetamipride, this agricultural pesticide in the process of being authorized in France?

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The health agency believed that it was not sufficiently documented by the industrialists who sell this product, and added that another study should be carried out. This insecticide can affect “the development of neurons and brain structures associated with functions such as learning and memory,” however, the European body said at that time. The organization rewrote the same in 2022, requesting additional studies again.

Consequently, the Constitutional Council could censor both the softening of the rules for the purchase of phytosanitary products and the reintroduction of neonicotinoids by trusting another principle that “health protection”. In fact, I could cite the “precautionary principle” found in the Environment Charter.

It is defined how to take measures to avoid risks to the environment and health, even in “the absence of certainties, taking into account the scientific and technical knowledge of the moment”, as specified by the site of public life.

The same mole for another disposition of the text that wants to provide “requests to put in the” phytopharmaceutical products. These requests are now relatively supervised by ANSES to prevent products from considering very toxic because of the “necessary research conditions” for authorization by the French State.

• Relaxation of reproduction provisions

Article three of the DUPLOMB Law wants to increase the thresholds from which it is necessary to request an authorization for the establishment of farm. Today, a breeder must request an authorization to work with chickens from 40,000 poultry.

This text wants the application threshold to the Prefecture to now be established in 85,000 chickens. The same top for pig farms that today require an authorization of 2,000 pigs against 3,000 in the Dupber Law.

Beyond a certain threshold, the construction of reproduction buildings was also conditioned so far in the organization of two public meetings, which allows the neighborhood in particular to learn. The text replaces them with simple permanence in the City Council.

Problem: The larger size farms, the greater its impact on the environment. Worldwide, it is estimated that agriculture is responsible for 12% of greenhouse gas emissions. If this figure does not exist at the national level, Inrae, the National Institute for Research for Agriculture, Food and the Environment, shows that agriculture in France is only responsible for 68% of methane emissions, a particularly polluting gas.

Therefore, wise men could estimate the role that these relaxations of the rules around livestock contravene the principle of environmental regression. This system, contained in the Environment Code, arises that “the protection of the environment, guaranteed by the legislative and regulatory provisions related to the environment, can only be subject to a constant improvement, taking into account the scientific and technical knowledge of the moment.”

The principle of environmental regression is not part of the constitutional principles at this time, but several lawyers believe that wise men could choose at one time to consider it as such. The Dupomb’s law could represent this opportunity.

• Facilitate the establishment of mega-bases

Dupumb’s law creates “a presumption of great interest” in the basins. This device corresponds to artificial basins to store water to meet the needs of agriculture, especially in summer.

Very disputed, these megapasinos sometimes also called giga-bassines require for their filling of pumping operations in water or rivers tables. They can also have an impact on surrounding ecosystems when storing water that would otherwise have infiltrated the ground.

Dupil’s law wants to allow farmers who wish to install a mega-snea no longer have to demonstrate their usefulness. Specifically, each application must be validated, except in very special cases.

The justice system prohibited several megapasinos that had judged that its impact on the environment and biodiversity were too important as in the case of the Canepetière bustard, a threatened bird that had four curved mega-bassin projects. Therefore, the Constitutional Council could judge that its broad authorization does not respect “the right to a healthy and balanced environment.”

• Text exam conditions

The Constitutional Council must verify whether the double law “has been adopted in accordance with the rules of constitutional value”, as specified at the site of the institution.

Their exam conditions have triggered vaodevil in recent months. When the text arrived at the assembly at the first reading at the end of January, amendment could not be discussed. The text had been rejected from the beginning through a motion of rejection presented by its defenders. The method, which may surprise, aimed at omitting what the right, the main defender of the text, “obstruction” on the left, decided to oppose fiercely to Senator Laurent Dute.

After an agreement in a joint committee on May 26, this agency that brings together parliamentarians from all parties to try to reach a common version of the text between the Senate and the Assembly, the law was finally finally adopted in the second reading of July 8. Wise men could consider that “the right of the amendment” has not been respected as is the organization of “a clear and peculiant parliamentary debate.”

And once the decision of the Constitutional Council is made? Several scenarios are possible. Emmanuel Macron could decide to quickly promulgate the DUPLOMB law, expressed to the censored provisions if necessary. It could also be delayed and decide to wait for the debate without an organized vote in the assembly after the success of the request opposite to this text, without helping to promulgate this text. Another presidential possibility: not to promulgate the text, which is possible on paper, but remains quite unlikely, despite unprecedented citizen mobilization.

Senator LR causing the text, Laurent DupLomm assures that BFMTV trusts the decision that the Constitutional Council is issued. “We have worked seriously taking into account their previous opinions.”

Author: Marie-Pierre Bourgeois
Source: BFM TV

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