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EU legal view confirms fenarimol restrictions

An EU decision in 2006 to impose restrictions on the use of the fungicide, fenarimol, is valid, says the European Court of Justice’s advocate general, Niilo Jaaskinen. The Court had been asked to consider the validity of the decision by an Italian court, which is considering a challenge against the restrictions by Gowan Comercio Internacional e Servicos. The European Commission re-registered fenamirol in 2006, but limited its use to specific crops and imposed maximum application rates ( Agrow No 510, p 7). Gowan has contested subsequent amendments of registrations by the Italian authorities and argues that the severity of the EU’s restrictions was not justified. The Italian court questioned the EU decision after noting that the rapporteur member state’s evaluation of fenarimol concluded that the risks were acceptable. However, the advocate general says that he could not find any evidence that the EU decision in 2006 was not validly adopted.

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