Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009

ClientEarth contends that the European Commission is attempting to unlawfully modify the derogation mechanism for endocrine disruptors in pesticides. The organization argues that the approval mechanism is an 'essential element' of Regulation (EC) No 1107/2009, meaning it can only be changed by co-legislators through the ordinary legislative procedure, not by the Commission via delegated powers under Article 290 TFEU. Furthermore, ClientEarth asserts that the Commission's proposed shift toward a risk-analysis-based approach is less protective of human health and the environment than the existing system of limiting exposure to negligible levels.

• The European Commission's attempt to modify the derogation mechanism for endocrine disruptors is based on an incorrect interpretation of Article 290 TFEU, which only allows the Commission to amend "non-essential element" of a legislative act.
• There is a critical legal distinction between the "criteria for the determination of endocrine disrupting properties" (which the Commission can mandate) and the "criteria for approval" (which the Commission cannot lawfully alter as they constitute an essential element of the Pesticides Regulation).
• The Commission's justification that the amendment is necessary to adapt to "scientific progress" is rejected, as the ability to perform risk assessments for endocrine disruptors is not a new scientific development.

APA

ClientEarth (2016). Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009. https://www.clientearth.org/media/qt3mrynk/draft-commission-regulation-amending-the-approval-rules-for-endocrine-disruptors-set-out-in-annex-ii-to-regulation-ec-no-1107-2009-ce-en.pdf

Chicago

ClientEarth. Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009. 2016. https://www.clientearth.org/media/qt3mrynk/draft-commission-regulation-amending-the-approval-rules-for-endocrine-disruptors-set-out-in-annex-ii-to-regulation-ec-no-1107-2009-ce-en.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009 |date=4 November 2016 |url=https://www.clientearth.org/media/qt3mrynk/draft-commission-regulation-amending-the-approval-rules-for-endocrine-disruptors-set-out-in-annex-ii-to-regulation-ec-no-1107-2009-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2016draft, author = {{ClientEarth}}, title = {{Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009}}, publisher = {ClientEarth}, year = {2016}, month = nov, url = {https://www.clientearth.org/media/qt3mrynk/draft-commission-regulation-amending-the-approval-rules-for-endocrine-disruptors-set-out-in-annex-ii-to-regulation-ec-no-1107-2009-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }