The Flemish Region has failed to fully implement European obligations regarding pesticide use as outlined in the Habitat and Pesticide Directives, a Brussels court has found.
The case was brought by five environmental organisations: Natuurpunt, Bond Beter Leefmilieu, the World Wide Fund for Nature Belgium, Dryade, and the Association for Ecological Living and Gardening.
The environmental groups argued that the region made errors when integrating the EU directives into its domestic laws. The Flemish Region, however, maintained that it had implemented the directives correctly.
The court determined that Flemish regulations only require pesticide use linked to activities needing permits to undergo an environmental assessment.
However, under the EU directive, activities not requiring permits but involving pesticide use that may impact Natura 2000 protected areas must also be subject to such assessments. The court ruled this aspect of the directive was inaccurately transposed into Flemish law.
It also found that the region provides fragmented and partial protection for Natura 2000 areas against pesticides. While restrictions on agricultural pesticide use exist, they are not specifically tailored to Natura 2000 areas. This was deemed another error in the transposition of the directive.
However, the court stated it could not oblige the Flemish Region to impose a blanket requirement for environmental assessments before any pesticide use, as requested by the environmental groups.
It added that it could not dictate the precise form that pesticide regulations in Natura 2000 areas should take, citing concerns over judicial overreach.
