Probing the scientific evidence base of the Plant Protection Regulation

Abstract

The appeal taken by Bayer CropScience AG in Bayer CropScience AG v European Commission 1 probes the precautionary decision-making procedure employed in the regulation of pesticides in the European Union. Scientific data has a central role in the procedure. The decision of the Court of Justice suggests that an expansive approach to the source and type of scientific data is appropriate. Such a broad approach, however, can result in uncertainty with regards to the data to be relied upon and also raises questions over how such broad parameters can be translated into a practical and applied methodology to pesticide management.