# C_2022359EN.01002101.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/21 |
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19.9.2022

EN

Official Journal of the European Union

C 359/21

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Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) lodged on 11 May 2022 — Pesticide Action Network Europe (PAN Europe) v College voor de toelating van gewasbeschermingsmiddelen en biociden, in the presence of: Adama Registrations B.V. (Adama)

(Case C-309/22)

(2022/C 359/22)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Pesticide Action Network Europe (PAN Europe)

Defendant: College voor de toelating van gewasbeschermingsmiddelen en biociden

In the presence of: Adama Registrations B.V. (Adama)

Questions referred

| 1. | Does Article 2 of Regulation 2018/605 (1) imply that the competent authority must also apply the new criteria for the determination of endocrine disrupting properties in the assessment and decision-making process relating to applications for authorisation which were still pending on 10 November 2018, also in view of Article 29(1)(e) in conjunction with Article 4(3) of Regulation 1107/2009? (2) |
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1.

Does Article 2 of Regulation 2018/605 (1) imply that the competent authority must also apply the new criteria for the determination of endocrine disrupting properties in the assessment and decision-making process relating to applications for authorisation which were still pending on 10 November 2018, also in view of Article 29(1)(e) in conjunction with Article 4(3) of Regulation 1107/2009? (2)

| 2. | If the answer to the first question is in the negative, is it incumbent on the competent authority to stay the assessment and decision-making process relating to applications for authorisation pending the findings of the European Commission on the effects of Regulation 2018/605 on any proceedings pending under Regulation 1107/2009, having regard to recital 8 of the preamble to Regulation 2018/605? |
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2.

If the answer to the first question is in the negative, is it incumbent on the competent authority to stay the assessment and decision-making process relating to applications for authorisation pending the findings of the European Commission on the effects of Regulation 2018/605 on any proceedings pending under Regulation 1107/2009, having regard to recital 8 of the preamble to Regulation 2018/605?

| 3. | If the answer to that second question is in the negative, is it sufficient for the competent authority to make an assessment solely on the basis of data known at the time of the application, even if the scientific and technical knowledge reflected therein is no longer current at the time when the contested decision is taken? |
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3.

If the answer to that second question is in the negative, is it sufficient for the competent authority to make an assessment solely on the basis of data known at the time of the application, even if the scientific and technical knowledge reflected therein is no longer current at the time when the contested decision is taken?

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(1)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ 2018 L 101, p. 33).

(2)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).

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