Legal Opinion: On the de-identification exemption included in the draft Commission criteria for the determination of endocrine disrupting properties and the proposed exemption for endocrine disrupting substances on nonvertebrates under Regulation 1107/2009 on the placing of plant protection products on the market

The document critiques a proposed 'de-identification exemption' in the European Commission's criteria for identifying endocrine disruptors in plant protection products. It argues that by exempting substances that target the endocrine systems of non-vertebrates, the Commission is unilaterally modifying approval conditions—an 'essential' element of Regulation 1107/2009 that requires ordinary legislative procedure rather than simple implementing powers. Furthermore, the author contends this exemption contradicts the Pesticides Regulation's mandate to ensure a 'high level of protection' for animal health and the environment.

• The European Commission's proposed criteria include a 'de-identification exemption' that excludes from consideration the effects on organisms of the same taxonomic phylum as the target when the intended mode of action is controlling non-vertebrates via their endocrine systems.
• The author argues that the Commission has exceeded its implementing powers because the exemption modifies the conditions for substance approval, which are 'essential' elements of the Pesticides Regulation that can only be changed via ordinary legislative procedure.
• The proposed exemption is deemed incompatible with the aim of Regulation 1107/2009, specifically the requirement to ensure a high level of protection for human and animal health and the environment, as it allows continued environmental exposure to endocrine disruptors for invertebrates.

APA

Center for International Environmental Law (2017). Legal Opinion: On the de-identification exemption included in the draft Commission criteria for the determination of endocrine disrupting properties and the proposed exemption for endocrine disrupting substances on nonvertebrates under Regulation 1107/2009 on the placing of plant protection products on the market. https://www.ciel.org/wp-content/uploads/2017/09/ED-Criteria-legal-opinion-25sep2017.pdf

Chicago

Center for International Environmental Law. Legal Opinion: On the de-identification exemption included in the draft Commission criteria for the determination of endocrine disrupting properties and the proposed exemption for endocrine disrupting substances on nonvertebrates under Regulation 1107/2009 on the placing of plant protection products on the market. 2017. https://www.ciel.org/wp-content/uploads/2017/09/ED-Criteria-legal-opinion-25sep2017.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Legal Opinion: On the de-identification exemption included in the draft Commission criteria for the determination of endocrine disrupting properties and the proposed exemption for endocrine disrupting substances on nonvertebrates under Regulation 1107/2009 on the placing of plant protection products on the market |date=25 September 2017 |url=https://www.ciel.org/wp-content/uploads/2017/09/ED-Criteria-legal-opinion-25sep2017.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2017legal, author = {{Center for International Environmental Law}}, title = {{Legal Opinion: On the de-identification exemption included in the draft Commission criteria for the determination of endocrine disrupting properties and the proposed exemption for endocrine disrupting substances on nonvertebrates under Regulation 1107/2009 on the placing of plant protection products on the market}}, institution = {Center for International Environmental Law}, year = {2017}, month = sep, url = {https://www.ciel.org/wp-content/uploads/2017/09/ED-Criteria-legal-opinion-25sep2017.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }