Legal opinion on a Chemical Export Ban and compatibility with World Trade Organisation Rules

In October 2020, the European Commission committed to the implementation of an export ban on chemical products which are forbidden in Europe. It would be the bare minimum to refuse of double standards, when these products are deemed so dangerous that European shouldn't be exposed to them, yet they could be sent elsewhere to other peoples. At the time voices from the chemical industry and lobby rose saying that such a landmark would collide with international trade rules and trade agreements.

This legal opinion, written by Andrea Hamann, Law Professor of the University of Strasbourg and expert on international dispute settlements and World Trade Organisation (WTO) law, concludes that WTO rules do not pose a legal obstacle to enacting an export ban on hazardous chemicals prohibited in the EU. Many of the conclusions of the legal opinion might be of interest to national export bans being considered in different EU countries. You can read and download the opinion here.

Meanwhile, intense pressure by the industry has made the Commission drop its proposal, maintaining a completely hypocritical position of double standard, with products forbidden to use in the EU being exported to many countries around the world. The full document, supported by Public Eye and Corporate Europe Observatory can be consulted below.