# C_2018152EN.01001702.xml

| 30.4.2018 | EN | Official Journal of the European Union | C 152/17 |
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30.4.2018

EN

Official Journal of the European Union

C 152/17

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Request for a preliminary ruling from the Tribunal correctionnel de Saint-Brieuc — Chambre détachée de Guingamp (France) lodged on 12 February 2018 — Procureur de la République v Tugdual Carluer and Others

(Case C-115/18)

(2018/C 152/21)

Language of the case: French

Referring court

Referring court

Tribunal correctionnel de Saint-Brieuc — Chambre détachée de Guingamp

Parties to the main proceedings

Parties to the main proceedings

Applicant: Procureur de la République

Applicant:

Defendants: Tugdual Carluer, Yann Latouche, Dominique Legeard, Thierry Leleu, Dimitri Pinschof, Brigitte Plunian, Rozenn Marechal

Defendants:

Questions referred

Questions referred

| 1. | Is Regulation (EC) No 1107/2009 (1) compatible with the precautionary principle when it provides no specific definition of an active substance, leaving it to the applicant to determine what it designates as the active substance in its product and granting it scope to focus its whole application dossier on a single substance, while its end product placed on the market is made up of several substances? |
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1.

Is Regulation (EC) No 1107/2009 (1) compatible with the precautionary principle when it provides no specific definition of an active substance, leaving it to the applicant to determine what it designates as the active substance in its product and granting it scope to focus its whole application dossier on a single substance, while its end product placed on the market is made up of several substances?

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| 2. | Is the precautionary principle observed and impartiality of the authorisation to place products on the market maintained when the tests, analyses and evaluations necessary for compilation of the dossier are conducted by the applicants alone, who may be biased in their presentation, without any independent counter-analysis? |
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2.

Is the precautionary principle observed and impartiality of the authorisation to place products on the market maintained when the tests, analyses and evaluations necessary for compilation of the dossier are conducted by the applicants alone, who may be biased in their presentation, without any independent counter-analysis?

| 3. | Is the precautionary principle observed and impartiality of the authorisation to place products on the market maintained without publication of the application reports on the pretext of protecting industrial secrecy? |
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3.

Is the precautionary principle observed and impartiality of the authorisation to place products on the market maintained without publication of the application reports on the pretext of protecting industrial secrecy?

| 4. | Is Regulation (EC) No 1107/2009 compatible with the precautionary principle when it takes no account of there being multiple active substances or of their cumulative use, in particular when it makes no provision for any comprehensive specific analysis at European level of cumulation of active substances within a single product? |
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4.

Is Regulation (EC) No 1107/2009 compatible with the precautionary principle when it takes no account of there being multiple active substances or of their cumulative use, in particular when it makes no provision for any comprehensive specific analysis at European level of cumulation of active substances within a single product?

| 5. | Is Regulation (EC) No 1107/2009 compatible with the precautionary principle when, in Chapters III and IV, it exempts from toxicity tests (genotoxicity, carcinogenicity assessment, assessment of endocrine disruptors, etc.) pesticide products in the commercial formulations in which they are placed on the market and in which consumers and the environment are exposed to them, requiring only summary testing, which is always performed by the applicant itself? |
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5.

Is Regulation (EC) No 1107/2009 compatible with the precautionary principle when, in Chapters III and IV, it exempts from toxicity tests (genotoxicity, carcinogenicity assessment, assessment of endocrine disruptors, etc.) pesticide products in the commercial formulations in which they are placed on the market and in which consumers and the environment are exposed to them, requiring only summary testing, which is always performed by the applicant itself?

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(1)  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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