The German Federal Ministry of Food and Agriculture (BMEL) has launched an emergency regulation on glyphosate, which was published last Friday in the Federal Official Gazette and will come into force on December 31, 2023, with a duration of six months .

Germany's Federal Minister of Food and Agriculture, Cem Özdemir, explains: “I consider the EU Commission's decision to approve glyphosate until 2033 to be wrong and I do not see it supported by the vote of the EU states. German plant protection legislation now needs to be adapted so that farmers have planning certainty and imminent damage to biodiversity can be avoided. We continue with current restrictions on the use of glyphosate, such as a ban on its use in water protection areas. In the next step, we will revise the Plant Protection Enforcement Ordinance in accordance with the coalition agreement.”

The emergency ordinance provides interim legal protection. Temporarily regulates the continued application of existing glyphosate application restrictions and corresponding sanctions. In the Plant Protection Application Ordinance, the previous government ordered a complete ban on glyphosate from January 1, 2024 in 2021. The new approval of the active ingredient would have made this national ban contrary to European law. Previous restrictions on the use of glyphosate and its penalties would also have expired on January 1, 2024.

The EU Commission had approved glyphosate for another ten years. Federal Minister Özdemir underlines: “Glyphosate undoubtedly harms biodiversity. The new approval is a bad sign for innovation. Modern agricultural production and a nearly 50-year-old total herbicide simply don't mix. I would have liked to have voted a clear “no” in accordance with our coalition agreement. Unfortunately, no agreement could be reached on this matter within the federal government. According to our common regulation, my only option in Brussels was to abstain. Because if you agree with the rules, I follow them. “I would like all partners to do so with a view to our coalition agreement.”

To follow up on the emergency regulations, the BMEL is developing a modification to the Regulation on phytosanitary protection applications. Federal Minister Özdemir says: “I want to comply with our coalition agreement on glyphosate as much as possible, despite the EU approval. We must protect biodiversity so that we can continue to harvest safe crops tomorrow. This is simply public welfare and the task of the entire federal government. We will examine what other options exist to effectively restrict the use of glyphosate. I have the support of all traffic light partners!”

The European Commission's proposal to extend the approval of glyphosate for another ten years did not find a qualified majority of the Member States (at least 15 Member States representing at least 65% of the population). The European Commission then decided on its own to re-approval. On November 28, 2023, the European Commission published the implementing regulation that extends the approval of glyphosate for ten years; The active ingredient is now approved throughout the EU until December 15, 2033.

The “Ordinance on the provisional regulation of the use of certain phytosanitary products” suspends both the total ban on use and the lifting of restrictions previously applicable to the use of glyphosate, which will enter into force on January 1, 2024, for six months. until June 30, 2024. The legal situation could only be corrected this year through an emergency ordinance. The adjustment by the end of the year at the latest was necessary due to the new approval to prevent the EU Commission from launching infringement proceedings and to avoid lawsuits from manufacturers and users at national level.