Export bans: International solutions instead of solo national efforts

The European Commission has adopted the Chemicals Strategy for Sustainability (CSS) as part of the European Green Deal. This strategy aims to create the basis for the zero-pollutant target for a pollutant-free environment. The strategy includes a proposal for an export ban on chemicals and pesticides that are not or no longer authorised on the EU's own territory.

However, this ignores an important aspect: In the area of pesticides in particular, many products are affected whose use is intended for other climate zones or for crops not grown in Europe (e.g. cotton, sugar cane, soya, etc.). Although these are developed and manufactured in this country, it is logical that no application has been made for authorisation for use here.

Functioning international agreement
The EU's proposal to ban the export of certain products whose use is not or no longer authorised in the EU has provoked different reactions worldwide. Countries such as the USA, Canada, Brazil and Japan have expressed concerns that such bans would lead to economic disadvantages and barriers to trade.

The Swiss chemical-pharmaceutical industry also sees this as a challenge and is in favour of a pragmatic and internationally coordinated approach. International agreements such as the Rotterdam Convention ("PIC Convention; prior informed consent") already offer suitable mechanisms for regulating trade in hazardous chemicals and pesticides.

Destination countries decide on import conditions
The Rotterdam Convention, which came into force in 2004, obliges contracting states to respect regulatory bans and restrictions on these products in the destination countries and to obtain the consent of the recipient countries via the convention secretariat prior to intended deliveries. By means of this "prior informed consent" (PIC), destination countries decide whether and under what conditions they wish to import the listed chemicals. The exporting signatory states then ensure that their exporters adhere to the defined conditions.

However, the illegal trade in unauthorised industrial chemicals and pesticides and the use of counterfeit products without appropriate information and advisory services poses a major challenge, particularly in developing and emerging countries - the uncontrolled and uninformed use of chemicals and pesticides is a danger to people and the environment. Within the framework of the Rotterdam Convention, Switzerland can offer the planned "Technical Assistance" and thus contribute to the enforcement of existing regulations in developing and newly industrialising countries and thus to raising the level of protection.

International solution necessary
Optimisations in the areas of harmonisation of notification procedures between member states, limited flexibility and its impact on seamless trade, and transparency issues are to be welcomed in order to make trade in chemicals and pesticides simpler, more transparent and safer.

Due to the global nature of the challenge, an international solution is necessary - unilateral measures are not effective. A more efficient implementation of the Rotterdam Convention in accordance with WTO law is preferable. Unilateral national legislative measures, such as the export ban being discussed in the EU, without multilateral support and without the explicit consent of the recipient states, are neither expedient nor efficient in a globalised context. On the contrary: they increase the objective risks in the target countries, as, for example, training programmes that European exporters offer together with the products in the recipient countries will fail to materialise.

Promoting international capacity building
Despite the categorisation of some pesticides as hazardous, their targeted use may be necessary and their safe use must be ensured. Due to their high effectiveness, these chemicals and pesticides play a decisive role in the security of supply and health protection in various countries with different climatic and agronomic conditions.

Rather, capacity building in third countries (training by suppliers or authorities), among commercial users and government legislative and enforcement bodies, as well as combating counterfeiting, should provide the legal basis and security to ensure the infrastructure for the safe handling of certain hazardous substances. In this way, the protection of people and the environment can be guaranteed more effectively and it can be ensured that authorised and tested products can be used safely without unnecessarily restricting economic freedom.

Protecting people and the environment and ensuring competitiveness
The Swiss chemical-pharmaceutical industry is in favour of the prudent handling of hazardous chemicals and pesticides. Even if the Rotterdam Convention is ratified, recipient states are not obliged to support further-reaching bans introduced unilaterally by individual contracting states - they will cover their needs elsewhere. The economic damage, however, remains in Europe.

Unilateral national legislation without multilateral coordination restricts economic freedom without any recognisable added value in terms of the safe handling of chemicals and pesticides. Instead of relying on export bans, international cooperation and the enforcement of existing regulations should be strengthened. This not only protects the environment and people's health, but also maintains the competitiveness and innovative strength of the industry.