Local residents and interest groups who want to prohibit the use of crop protection products in the lily cultivation have been given a stronger position in court cases thanks to a decision by the court. They conclude this after the court on appeal prohibited the use of pesticides in the vicinity of a residential area.
The Court of Appeal in Den Bosch yesterday made the decision in a case between a Lelieteler and 35 Limits. Local residents asked for a ban on lily growing because crop protection products are used that are necessary for lily growing. They fear that these pesticides cause serious health damage. The grower says that the resources have been carefully tested and approved by the authorities that are about it.
But the court cannot agree with the story of the grower in this appeal. For this purpose, the court has looked at the admission policy of, among others, the Board for the Admission of Plant Protection products and Biocides (CTGB). The Court of Appeal finds the CTGB system ‘refined’ and that local residents can rely on the skill of CTGB, but the assessment of this organization is not watertight.
This is because no research has been done into the risks of so -called ‘neurodegenerative diseases’, such as Parkinson’s and risks of developmental disorders for young and unborn children. This while the means used are a potential danger to the development of these diseases, according to the Court.
The judge therefore believes that the CTGB should have scientific research carried out. That is why the lily grower should not trust that the pesticides are not a health danger. The prohibition for the Limburg grower applies within a radius of 250 meters around homes and up to and including 2028.
The 35 inhabitants in this case are relieved with the decision. Interest clubs are also happy. “We are pleased that the judge indicates that the concerns of local residents are justified,” says board member Dick van Dijk of the Citizens’ Initiative Measuring = knowing in the municipality of Westerveld. “Governments can now no longer hide behind the admission of the CTGB. They are obliged to do additional research, so that people live in a healthy environment.”
Measuring = knowing that the ruling of the Court in Den Bosch creates a precedent. The citizens’ initiative tries to achieve through the courts that governments forcing Drenthe lily growers to stop using pesticides. In two weeks, for example, a business will be on the role between the municipality of Westerveld and Measuring = knowing in collaboration with three other interest groups.
They state that a lily grower has a duty of care and must therefore take into account the health of local residents. And the municipality must ensure that this is happening. Westerveld has already rejected a request for enforcement about this from the interest groups. In anticipation of that objection, the organizations ask the judge for a provisional provision.
The case between Westerveld and the interest groups plays with the administrative court, while at the Court in Den Bosch it was a civil case. The things are therefore not entirely comparable, but the interest groups do indicate that their trust is growing because all matters come down to the same thing in practice: the use of pesticides may lead to health damage.
The Royal General Association for BloembollenCultuur (KAVB) states on behalf of the growers that the Court’s ruling was received with ‘great concern’. A spokesperson for the branch association of the flower bulb sector mentions the statement comprehensive, but also says that no “specific means” are mentioned. The KAVB will further map out the impact for the sector in the coming period and finds it too early to say that the pronunciation can create a precedent.