TTIP TALKS: what's cooking?

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15 TTIP talks: What’s cooking? - Perspectives on Food & Farming
Proceedings of the Conference
We are already seeing the effect of this regulatory coopera-
tion. Here we are not talking about our existing laws that will
be reapeled, but existing law are often frameworks that need
to be implemented. What we fear is the implementation of
this law will not happen.” Vito Buonsante, Client Earth
Vito Buonsante, (Law and Policy Advisor, Client Earth) focused on TTIP
and its impact on pesticide legislation, using the specific case of rules and
regulations pertaining to Endocrine Disruptors (ED) or Endocrine Disrupting
Chemicals (EDC). This relates to the chapter on regulatory coherence13 .
The EU established regulation in 2009 that in essence means that pesticides
with EDs should not be used to contaminate our food, so a very protective
law. EDCs have been an issue of concern for almost 20 years, and the
research and science around EDCs is becoming even more robust and
most of the scientific community agree that legislators should act on EDCs.
Although it is easy to show association between EDCs and health and
environmental problems, it is difficult to show causality in the case of EDs,
because of the long-term nature of EDCs and their impact.
The EU uses precautionary principle. This practice means that if there is a
risk that science cannot yet determine with certainty, then the precautionary
principle may apply and prevent a product to be placed on the market. .
However in the US, regulators need to prove the product is unsafe before
restrictions can be imposed. This is evident through the number of chemicals
on the US market and also applies to a plethora of environmental legislation.
The law regulating EDCs should have entered into force by December 13,
201314 , but in order to implement it, it was necessary to develop criteria
for defining EDs. The agrochemical industry disapproved, as did the US
government as documented in a official USTR report15 , as it would mean
banning a number of pesticides containing EDCs.
As a result the proposal on criteria for definition of EDs was blocked. The
EU Secretary General ordered an impact assessment, assessing the cost to
industry, leading to a delay in developing criteria for endocrine disruptors
and ultimately missing the deadline to propose criteria for implementation
of legislation in this important legislation. Finally the file has been transferred
from DG ENVI, initially in charge of the dossier, to DG SANTE.
In conclusion, Vito Buonsante
stressed that we are already
seeing the chilling effect of
this regulatory cooperation,
not that existing laws will be
repealed, but in the case of
EDs, implementation of the
law will not happen.