Can a French citizen's petition reverse the reintroduction of a banned pesticide?

The French National Assembly on July 9 adopted the divisive "Duplomb law", named after the conservative lawmaker Laurent Duplomb who proposed it. The draft law was presented in parliament as a bid to "reduce constraints" on French farmers, who have repeatedly expressed frustration over bureaucratic constraints on the agricultural sector, unfair foreign competition, and stringent regulations.

But some farmers, environmentalists and medical experts have criticised many of the bill's proposals – particularly one provision that proposes to reintroduce the insecticide acetamiprid, a chemical known to be toxic to pollinators such as bees and to ecosystems – which was banned in France in 2018.

The contentious provisions spurred 23-year-old masters student Eleonore Pattery to launch a petition against the law on July 10, which brought the bill to the public's attention. The petition's author, who describes herself as "a future environmental health professional", called the new law a "scientific, ethical, environmental and public health aberration".

"It represents a frontal attack on public health, biodiversity, the coherence of climate policies, food security, and common sense," she said.

At the time of writing, the petition had collected more than 1.5 million signatures – higher than any other petition published on France's official National Assembly site so far. 

A divisive law

The reintroduction of acetamiprid – an insecticide that belongs to a class of synthetic chemicals similar to nicotine called neonicotinoids, often shortened to "neonics" – is the most divisive provision of the bill. 

Neonics were developed in the 1980s to target the central nervous system of insects and disrupt nerve function. These insecticides are extremely effective against a wide range of pests like aphids and grubs, and have been used globally since the 1990s. In France, they are widely used by beetroot and hazelnut growers.

However, they come with a list of caveats that harm biodiversity and human health, according to experts.

Unlike contact pesticides that coat the surface of a plant, neonics are absorbed by the plant and distributed through its leaves, flowers, pollen, and nectar.

While this makes them very effective against pests, they also cause impaired navigation, reduced learning, weakened colony health and death among bees. Various beekeeping organisations have urged citizens to fight against the bill for this very reason and have branded the chemical "a bee killer".

Scientists also say that neonicotinoids tend to remain inside the soil and hurt non-target species i.e., insects and animals that don’t hurt crop yield but play an essential role in maintaining ecological balance.

However, the invertebrates aren’t the only ones at risk. A growing body of research shows that neonicotinoids impact human nervous systems too. Hundreds of doctors and researchers have signed an open letter published by French healthcare organisation Médecins du Monde that says the bill fails to address the collapse of biodiversity and the impact on farmers' health. The letter specifically mentions three chemicals: acetamiprid, flupyradifurone and sulfoxaflor.

“The primary consequence of these dysfunctions is an increased risk for farmers of non-Hodgkin's lymphoma (NHL), myeloma, prostate cancer, Parkinson's disease, and neurodevelopmental disorders, to take just a few examples, while the precautionary principle (and the European regulation) requires that no marketing authorisation be issued in the event of a risk to human health or biodiversity,” it says. The letter has been backed by The French League Against Cancer and the European Federation of Neurological Associations.

Environmentalists are also concerned by some of the other provisions of the bill.

The bill claims it will promote the expansion of industrial agriculture by easing permits for large livestock facilities and water reservoirs. Critics say this move will harm smaller family-run operations and is likely to increase greenhouse gas emissions and environmental degradation.  

The Duplomb law will implement several long-standing demands from France's largest farm union FNSEA, which has historically supported pesticide use.

"We need to maintain our means of production, and I believe there's a lot of exaggeration in the comments being made," the head of FNSEA, Arnaud Rousseau, told franceinfo radio.

Growers also argue that acetamiprid, allowed in other EU countries, is vital to fight yellows disease, which cut yields by 30% in 2020 and slashed sugar output.

Can a citizen's petition change the law? 

The number of signatures on Pattery's petition continue to climb, drawing attention from farmers, environmentalists and lawmakers from both sides of the political spectrum, and increasing pressure on the government to revisit the law. 

The French government has defended the bill, but has been obliged to acknowledge the outcry, amid the rapidly rising number of signatures.

In France, petitions with over half a million signatures can prompt a parliamentary debate, but do not require a new vote. 

National Assembly chairwoman Yael Braun Privet said the government "had to listen to the people. We will hold a debate but this debate will not – it cannot – change the text that was just voted." Former Prime Minister Gabriel Attal has also said he would back a debate. 

Benjamin Morel, a constitutional expert and lecturer at the University of Paris-Panthéon-Assas agrees, saying that while the petition might lead to a debate, it will not ultimately lead to any change in the text of the law itself: "For the Duplomb law not to be enforced, a new bill would have to be introduced, or the president of the Republic would have to get involved."

"Emmanuel Macron could request a new deliberation by Parliament, in accordance with Article 10 of the Constitution," Morel adds. But he believes that the result of the vote would be identical.

For now, France's left – the four parties formerly allied under the banner of the New Popular Front – have promised to continue to battle to repeal the Duplomb law. "The fight has only just begun," warned Green Party MP Sandrine Rousseau on franceinfo radio on Monday.

(With Reuters)