WRITTEN QUESTION No. 2054/97 by John IVERSEN to the Commission. Pesticides
Date: 1997-06-16
Institutions: European Parliament, IVERSEN
Subjects: Central America, environmental protection, export policy, health risk, marketing standard, pesticide, producer's liability, public health, third country, toxic substance

25. 2. 98

EN

Official Journal of the European Communities

C 60/79

(98/C 60/115)

WRITTEN QUESTION E-2054/97

by John Iversen (PSE) to the Commission

(16 June 1997)

Subject: Pesticides

Cheminova, a large Danish company which produces pesticides has in the last couple of weeks been accused of
selling to countries outside the EU pesticides which have not been authorized in the EU. The pesticides are used
for instance in Central America, where a Danish documentary showed that farm workers were becoming ill and
dying after coming into contact with them.

Does the Commission take the view that there should be a ban on exports of pesticides to non-member countries
if they are not authorized in the EU?

Does it consider that product liability should be introduced so that producers may be held liable for the effects
which such substances might have on the environment and human health?

Joint answer
to Written Questions E-2013/97 and E-2054/97
given by Mrs Bjerregaard on behalf of the Commission

(7 August 1997)

The Commission does not intend to take steps to introduce a ban on exporting outside the Community poisonous
sprays or other dangerous chemicals which are not authorized in the Community.

International fora (United Nations environment programme (UNEP), Food and agriculture organisation (FAO),
Organisation for economic co-operation and development (OECD)) have discussed for many years the issue of
exports of dangerous chemicals domestically banned for marketing and use in order to protect health and the
environment  of  other  countries.  The  outcome  of  these  discussions  was  two  international  recommendations
(London guidelines for the exchange of information on chemicals in international trade, UNEP; International
code  of  conduct  on  the  distribution  and  use  of  pesticides,  FAO),  both  later  amended  by  inclusion  of  the
international prior informed consent (PIC) procedure (UNEP, 1989; FAO, 1990).

The aim of those recommendations is to inform importing countries about risks and hazards of chemicals, the use
of which has been banned or severely restricted in the country of origin for health or environmental reasons. The
purpose  of  this  kind  of  information  is  to  raise  risk  awareness  in  the  importing  countries  and  thus  help  them
control imports of unwanted chemicals. The international PIC procedure, in fact, requests governments to take
decisions on future imports of certain dangerous chemicals on the basis of prior information on the chemical.
Decision guidance documents for PIC chemicals are prepared by FAO and UNEP and circulated in order to help
governments to assess the risks connected with the handling and use of the chemical and to make more informed
decisions about future import and use taking into account local conditions. On that basis, each country should be
able to decide if it wants to ban the import of those chemicals or to impose conditions on their use.

The Community has implemented the international recommendations by means of Council Regulation (EEC)
No  2455/92  concerning  the  export  and  import  of  certain  dangerous  chemicals (1),  making  the  information
exchange and PIC procedure mandatory in the Community. Moreover, exporters of dangerous chemicals and
preparations are obliged to package and label their products in the same way as when they are marketed in the
Community.

Negotiations  are  currently  taking  place  under  the  auspices  of  UNEP  and  FAO  for  the  preparation  of  an
international  legally  binding  instrument  for  the  application  of  the  PIC  procedure.  The  third  session  of  these
negotiations was held in Geneva from 26 to 30 May 1997.