This is the sixth “big goal” new announcements from the government to put an end to the agricultural crisis: “fight against overtranspositions”in France, measures, particularly environmental ones, decided at European level. “We no longer want situations where a product [phytosanitaire] is prohibited in France, while it is authorized in our neighboring countries »stated the Prime Minister, Gabriel Attal, Thursday 1er February, from Matignon.
In recent months, the end of overtranspositions has become one of the main demands of the majority agricultural unions. This request, which is debated within the agricultural profession, takes on very different meanings depending on those who make it. In law, overtransposition designates “the creation of internal standards exceeding the obligations resulting from a directive”according to a opinion of the Council of State of 2018.
Only European directives are concerned, because these must be transposed into national law; European regulations apply directly. The ban on a phytosanitary product, the use of which is governed by regulations, is therefore not stricto sensu an overtransposition. In 2018, the Council of State had only identified, in the agricultural field, only one overtransposition, concerning the hunting of certain birds.
“Decision taken unilaterally”
But in its current use within the agricultural profession, the term applies to all constraints decided at national level in terms of health or the environment. “For us, over-transposition is any provision that is not harmonized at European level, taken unilaterally”summarizes Laurent Grandin, president of the Interprofession of Fresh Fruits and Vegetables (Interfel).
This may concern bans on phytosanitary products (dimethoate, phosmet, S-metolachlor, etc.), restrictions on use, such as glyphosate or neonicotinoids, or even provisions in favor of animal welfare such as the ban on grinding. some chicks. “The term can also refer to the fact of not making full use of all the possibilities of derogation authorized by European law”specifies Sophie Thoyer, research director in economics at the National Research Institute for Agriculture, Food and the Environment.
But it is, of course, around the subject of phytosanitary products that tensions around overtranspositions crystallize. It is up to the European Union to authorize or not an active substance, but marketing authorizations for products are issued by the regulatory agencies of each Member State. Is France being overzealous in this matter, as some political leaders suggest? The European Food Safety Authority authorizes 383 active substances, of which 283 can be marketed in France, the fourth country to authorize the most products, after Italy, Greece and Spain.
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