# C_2019155EN.01005101.xml

| 6.5.2019 | EN | Official Journal of the European Union | C 155/51 |
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6.5.2019

EN

Official Journal of the European Union

C 155/51

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Action brought on 11 March 2019 — European Union Copper Task Force v Commission

(Case T-153/19)

(2019/C 155/60)

Language of the case: English

Parties

Applicant: European Union Copper Task Force (Essex, United Kingdom) (represented by: I. Moreno-Tapia Rivas and C. Vila Gisbert, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Implementing Regulation (EU) No 2018/1981, (1) to the extent that it renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis; |
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annul Commission Implementing Regulation (EU) No 2018/1981, (1) to the extent that it renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis;

| — | extend the effects of the annulment to Commission Implementing Regulation (EU) No 2015/408, (2) insofar as it implemented Article 80(7) of Regulation 1107/2009 and included copper compounds in the list of active substances as candidates for substitution; |
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extend the effects of the annulment to Commission Implementing Regulation (EU) No 2015/408, (2) insofar as it implemented Article 80(7) of Regulation 1107/2009 and included copper compounds in the list of active substances as candidates for substitution;

| — | declare that Commission Implementing Regulation (EU) No 2018/1981 has infringed the principle of proportionality; |
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declare that Commission Implementing Regulation (EU) No 2018/1981 has infringed the principle of proportionality;

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

| 1. | First plea in law, alleging that Commission Implementing Regulation (EU) 2018/1981 renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis. In particular:






  — | Articles 24 and Annex II, point 4, of Regulation (EC) No 1107/2009 (3) infringe EU law because:






  (i) | Scientific evidence indicates that ‘PBT criteria’, in particular persistence, are not appropriate for copper. |
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1.

First plea in law, alleging that Commission Implementing Regulation (EU) 2018/1981 renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis. In particular:

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Articles 24 and Annex II, point 4, of Regulation (EC) No 1107/2009 (3) infringe EU law because:

(i)

Scientific evidence indicates that ‘PBT criteria’, in particular persistence, are not appropriate for copper.

| (ii) | Application of PBT criteria to inorganic substances is not consistent with other pieces of legislation that have been implemented in the field of regulated chemical substances. |
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(ii)

Application of PBT criteria to inorganic substances is not consistent with other pieces of legislation that have been implemented in the field of regulated chemical substances.

| (iii) | As far as candidates for substitution are concerned, the application of PBT criteria to copper compounds goes beyond what is necessary to achieve the objectives pursued by Regulation (EC) No 1107/2009. In addition, Regulation (EC) No 1107/2009 misinterprets the precautionary principle. |
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(iii)

As far as candidates for substitution are concerned, the application of PBT criteria to copper compounds goes beyond what is necessary to achieve the objectives pursued by Regulation (EC) No 1107/2009. In addition, Regulation (EC) No 1107/2009 misinterprets the precautionary principle.

| 2. | Second plea in law, alleging the illegality of Commission Implementing Regulation (EU) No 2015/408 in relation to the qualification of copper compounds as candidates for substitution. |
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2.

Second plea in law, alleging the illegality of Commission Implementing Regulation (EU) No 2015/408 in relation to the qualification of copper compounds as candidates for substitution.

| 3. | Third plea in law, alleging, as a subsidiary plea, that Commission Implementing Regulation (EU) 2018/1981 has infringed the principle of proportionality. |
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3.

Third plea in law, alleging, as a subsidiary plea, that Commission Implementing Regulation (EU) 2018/1981 has infringed the principle of proportionality.

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(1)  Commission Implementing Regulation (EU) 2018/1981 of 13 December 2018 renewing the approval of the active substances copper compounds as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 317, p. 16).

(2)  Commission Implementing Regulation (EU) No 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ 2015 L 67, p. 18).

(3)  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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