European Commission to prohibit production for export of chemicals banned in the EU

The European Commission has launched on May 8 an open public consultation as part of an initiative to prohibit the production for export of hazardous chemicals that are banned in the EU. 

The initiative is a commitment made under the Chemicals Strategy for Sustainability, which is part of the Green Deal’s ambition for a toxic-free environment. The objective is to promote safety and sustainabitliy standards outside the EU, to further align the EU’s internal and external policies, and lead by example. The initiative will also contribute to a safer environment in the EU, by potentially minimising the use in non-EU-countries of certain persistent and mobile chemicals that can cause cross-border harm.

Commissioner for Environment, Oceans, and Fisheries, Virginijus Sinkevičius, said: Chemicals can be very useful for our society and economy, but we must produce and use them without causing harm to people and planet. The EU would not be consistent in its ambition for a toxic-free environment if hazardous chemicals that are not allowed for use in the EU can still be produced here and then exported. These chemicals can cause the same harm to health and the environment regardless of where they are being used. As various Member States start to regulate the production of those chemicals, a uniform EU approach will be key to ensure harmonisation and clarity of rules.

International trade in hazardous chemicals is regulated through the UN’s Rotterdam Convention on the Prior Informed Consent (PIC) procedure, which is implemented in the EU by the PIC Regulation on the import and export of hazardous chemicals. The EU and all its Member States are Parties to the convention, which currently has 165 Parties. The total amount of exported chemicals that are subject to the PIC Regulation (without necessarily being banned in the EU) was around 667,000 tonnes in 2020 (as reported by EU Member States).

The objectives of the initiatives are to increase protection for human health and the environment globally and to apply uniform measures in all EU countries. 

The impact assessment will consider non-regulatory and regulatory measures, compared to a baseline scenario. This analysis will identify the most likely response to the options by various parties and quantify the costs and benefits of possible changes to one or more pieces of EU law regulating chemicals, compared to its current implementation. It will also analyse the impact on EU customs legislation, procedures and systems. 

The measures that will be examined through options could include, for example: 

• Increasing the amount of information made available to non-EU countries under the PIC Regulation, to enable them to better act on the risks identified under EU law by restricting or banning the chemicals concerned in the same way as in the EU. 

• Revising the current requirements for export under the PIC Regulation, to offer a higher level of protection from unwanted imports of hazardous chemicals that are banned in the EU. 

• Introducing a prohibition to produce hazardous chemicals that are not approved or prohibited for placing on the market and/or use in the EU. 

• Taking an approach that combines the above options. 

The described objectives and policy options are preliminary and will evolve throughout the impact assessment. 

With this consultation, the Commission seeks to collect information and views from citizens and stakeholders, to help prepare the future initiative. Replies will feed into the evaluation of the PIC Regulation and the impact assessment of this action. The public consultation is open until 31 July.

Background

Under EU law, chemicals are regulated in different ways to ensure a high level of protection for human health and the environment following a thorough safety assessment. This can lead to banning the manufacturing, placing on the market and use of certain chemicals that are found to pose risks to human health, animal health or the environment. Chemical regulation in the EU is based on a comprehensive legal system that relies on the best available science. It ensures a high level of protection for human health and the environment. 

More information

Open public consultation (europa.eu)

International agreements (europa.eu) 

Chemicals strategy (europa.eu)