All good things come in threes … The battle of the experts has begun

Dr. Petra Kauch

First, the status of the legislative process: Despite initial announcements shortly after the adoption of Directive EU 2015/412 of March 11, 2015, amending Directive 2001/18/EC on the Release of Pesticides into Natural Resources, the Ministry of Agriculture has still not passed a law implementing this directive. In any case, such a law is not yet publicly available, although it has apparently already been made available to parts of the press. At this point, however, it can be stated that the experts have taken a position on these issues. Three reports have been submitted that address the issue of the opt-out procedure. The Federal Ministry has now also posted Professor Herdegen's report dated November 2014, which the Ministry is likely relying on in drafting the law, online. Also available are the reports by Professor Winter and the lawyers Willand/Buchholz/Meyer-Schwickerath. Only Professor Herdegen's report addresses the question of who can and should ultimately implement the regulation at the national regulatory level.

This publication can also be found on the website of the law firm Dr. Kauch .

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