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Open letter to Nicolas Hulot, French Minister responsible for the environment

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Dear Minister,

We are writing to you on behalf of the EDC Free Europe coalition [1], which represents 70 civil society groups – trade unions, consumers, health professionals, cancer organisations, environmental groups and women’s groups – and promotes ambitious policy measures in order to reduce human and environmental exposure to endocrine disrupting chemicals.

We are surprised and concerned to learn – through an article published in Le Monde [2] – that France could in the coming days vote in favour of the European Commission proposal for the elaboration of identification criteria for endocrine disruptors in the context of the EU regulation on pesticides. We call on you to reject this proposal in order to honour the electoral promises of Emmanuel Macron [3] and the ambitious approach that France has adopted so far in support of criteria that can be used in a practical and pragmatic way. We hereby acknowledge the remarkable work done by the French delegation at the European Chemicals Agency, which resulted in the long overdue recognition of Bisphenol A as a substance of very high concern for its endocrine disrupting properties for human health last week [4]. The difficulties to reach a consensus on the identification of this substance despite the significant level of scientific studies available about its negative effects is yet another illustration of the urgency to act towards swifter identification of endocrine disruptors.

The proposal for the EU criteria currently on the table is insufficient, impracticable and most importantly not based on science [5]. Should it be adopted, it would require too high a burden of proof to be able to identify substances, while allowing an extremely worrying exemption for numerous pesticides that have an effect on the endocrine system. It would neither allow reducing citizens’ exposure, nor avoiding the resulting adverse health effects and their costs (which are estimated to amount to 163 billion euros a year [6]) – which would be in total contradiction to the commitments made at the European level through the 7th Environmental Action Plan in 2013 [7].

At a time when the European project is seriously being challenged, the elaboration of ambitious criteria represents a unique opportunity to demonstrate its added value and could create a worldwide precedent in order to really protect our health and that of future generations. 90% of French citizens are in favour of your government continuing and strengthening policies to fight against endocrine disruptors at the national and European levels [8]. This is why, in view of the meeting of the European pesticides committee scheduled for 4 July, we ask you to maintain the firm position that France has adopted so far and to reject the proposal currently on the table. It is still time to make a difference and France’s role on this issue is fundamental.

Yours sincerely,

Genon K. Jensen, Executive Director, Health and Environment Alliance (HEAL)

François Veillerette, President, PAN Europe

On behalf of the EDC-Free coalition

Grey EDCFree icon

Contact : François Veillerette, Director of Générations Futures and President of PAN Europe, francois@generations-futures.fr ; (+33)(0)6 81 64 65 58

This letter is also available in French

Notes: 

[1] http://www.edc-free-europe.org/about-us/
[2] Le Monde, Stéphane Foucart, Stéphane Horel, “Perturbateurs endocriniens: les scientifiques alertent sur le laxisme de Bruxelles”, 17 June 2017, http://mobile.lemonde.fr/planete/article/2017/06/17/perturbateurs-endocriniens-les-scientifiques-alertent-sur-le-laxisme-de-bruxelles_5146113_3244.html
[3] En Marche, presidential programme of Emmanuel Macron : « Nous fixons le cap de protéger les Français de leur exposition aux perturbateurs endocriniens, autres que les pesticides, nous interviendrons avec fermeté au niveau européen pour revoir totalement les méthodes d’évaluation des produits» ; https://en-marche.fr/emmanuel-macron/le-programme/environnement-et-transition-ecologique
[4] https://www.anses.fr/fr/content/le-bisph%C3%A9nol-reconnu-pour-ses-propri%C3%A9t%C3%A9s-de-perturbation-endocrinienne-par-l%E2%80%99echa-sur ; http://env-health.org/resources/press-releases/article/eu-finally-recognises-bisphenol-a
[5] The Endocrine Society, The European Society of Endocrinology, The European Society for Paediatric Endocrinology, Lettre aux ministres européens de l’environnement, 15 juin 2017, http://bit.ly/2t914p5
[6] Léo Trasande and others, “Burden of Disease and Costs of Exposure to Endocrine-Disrupting Chemicals in the European Union: an updated analysis”, https://www.ncbi.nlm.nih.gov/pubmed/27003928
[7] Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet”
[8] Opinion survey performed by IFOP, on behalf of Générations Futures, published on 21 June 2017. Available at www.generations-futures.fr

Further delay on flawed EDC criteria maintains unnecessary risks on human health and the environment

Grey EDCFree icon

Brussels, 18 May 2017 – The criteria to identify hormone disrupting chemicals (or EDCs), for which a decision was expected today, continue to cause disagreements among EU member states.

The EDC-Free coalition urges the European Commission and member states to amend the proposal to ensure that people and the environment are protected and warns that further delays and failure to agree on criteria unnecessarily keep human health at risk.

The coalition has repeatedly criticised that the current proposal requires an unrealistically high burden of proof (1), which makes the identification of substances as EDCs very difficult and is likely to result in long delays. Another significant loophole is the proposed exemption from identification for certain pesticides and biocides that are designed to be endocrine disrupting, which would strongly undermine protective measures. The EDC-Free coalition also cautions the Commission and member states against industry’s proposals to introduce a derogation based on risk assessment in the pesticides regulation, which would result in continuous exposure of people and the environment to mixtures of toxic pesticides.

After years of setbacks and delays, in June 2016 the European Commission proposed a set of criteria, which have gone through several versions and been the subject of lengthy criticism and controversy. (2) This followed a ruling of the EU Court of Justice, which found that the European Commission breached EU laws by delaying the adoption of measures on EDC criteria. (3)

“The science is clear about the harmful and irreversible effects of endocrine disrupting chemicals. The time for action is now and Europe has the opportunity to lead by example. Protective EDC criteria are needed to reduce people’s exposure to toxic substances and reduce unnecessary burdens on public budgets,” says Genon K. Jensen, EDC-Free Europe spokesperson.

Scientific professionals and public interest groups such as non-profit health insurers alike have consistently called for the swift adoption of high quality, scientifically sound criteria to accelerate actions to reduce peoples’ exposure to EDCs. (4) Meanwhile over 359,000 citizens have signed a petition calling on member states to take action to ban EDCs. (5)

The failure to minimise exposure to EDCs will maintain a high burden on public health budgets from the diseases arising from exposure to EDCs in the European Union (which is estimated at 163 billion Euro per year). (6) As it stands, it is also a perfect counter-example of the better regulation approach that the Commission has made its motto of. (7)

The EDC-Free coalition calls on the European Commission and member states to amend the proposal so that EDC exposure can be swiftly reduced and environment and health will be protected.

Notes: 

1. See: https://www.endocrine.org/news-room/current-press-releases/european-commissions-revised-proposal-limits-ability-to-protect-public-from-edcs

2. See : http://www.edc-free-europe.org/european-commission-is-unable-to-turn-the-page-on-endocrine-disruptors-edcs/

3. See: http://www.edc-free-europe.org/act-on-edcs-edc-free-europe-calls-on-environment-ministers/ ; http://www.env-health.org/news/latest-news/article/commission-breached-eu-law-by

4. See for instance: http://www.edc-free-europe.org/edc-free-europe-urges-eu-ministers-to-reject-edc-criteria-proposal/

https://t.co/Xklkh0KosN

http://aim-mutual.org/press-release/aim-publishes-declaration-on-edcs/

Several member states – such as France, Sweden or Denmark – have also been critical at the level of proof required to identify EDCs in earlier European Commission proposals and have stressed the need for criteria applicable across all relevant EU laws and not solely specific to pesticides and biocides.

5. https://actions.sumofus.org/a/eu-endocrine-disruptors

6. Burden of Disease and Costs of Exposure to Endocrine-Disrupting Chemicals in the European Union: an updated analysis, https://www.ncbi.nlm.nih.gov/pubmed/27003928

7. See: http://www.edc-free-europe.org/call-to-implement-better-regulation-principles-in-eu-action-on-endocrine-disrupting-chemicals/


Press statements from EDC-Free partners: 


Contacts:

Natacha Cingotti, policy officer, health and chemicals, Health and Environment Alliance (HEAL), email: natacha@env-health.org, telephone: +32 2 234 36 45

EDC-Free Europe is a coalition of more than 70 environmental, health, women’s and consumer groups across Europe who share a concern about endocrine disrupting chemicals (EDCs) and their impact on our health and wildlife. EDC-Free Europe is a coalition of more than 70 environmental, health, women’s and consumer groups across Europe who share a concern about endocrine disrupting chemicals (EDCs) and their impact on our health and wildlife.

European Commission is unable to turn the page on endocrine disruptors (EDCs)

On Friday 7 April, representatives of European Member States met in Brussels to once again discuss the ongoing process to identify endocrine disrupting chemicals (EDCs). The meeting was the latest in a long list of unsuccessful attempts by the European Commission to get an agreement from Member States on the criteria for identification so that they can be regulated.

EU laws stipulate that pesticides and biocides with EDC properties should not be authorised, with the exception of some derogations. Representatives of the Member States and the Commission, this time meeting in the form of the biocides committee expert group, were attempting to break the deadlock on the proposal on the scientific criteria for identifying EDCs.

The Commission’s proposals on the identification of EDCs, also known as hormone disruptors, have been heavily criticised, including by the EDC-Free coalition and have failed to garner the much-needed quorum of supporters amongst Member States so far. A recent letter from the Endocrine Society – the oldest and largest scientific society dedicated to the study of endocrine systems – to the Commission President express concerns that the current proposal simply ‘cannot be called science-based’, stressing that the proposed criteria are neither effective, efficient, nor coherent to make it fit for purpose.

The Commission has committed to work on yet another draft proposal as a result of the meeting. This new proposal is expected to form the basis of another meeting of the biocides committee expert group. Although no date has been announced yet, it is not likely this meeting will take place before the French elections as EDCs have been at the centre of a huge political controversy in France.

The EDC-Free coalition has repeatedly warned that further delays to adopt high quality and scientifically sound criteria will have severe health impacts. Because endocrine disruptors are present everywhere in our environment, they affect all of us and we need to take action now for effective exposure reduction.

The processes in Brussels over hormone disrupting chemicals have gained much attention all over Europe. To show their concerns over the protection of public health and the environment, over 336,000 citizens have signed a petition calling on Member States to reject the EU Commission’s proposal on EDCs.

Want to know what you can do?

The battle for strong legislation on hormone disrupting chemicals is far from over! There is still time to put pressure on our governments. Here are a few ideas for things you can do to help:

  • Sign the SumOfUs petition and share it with your friends, families and networks.
  • Share relevant media articles or other materials on social media, using the hashtags #EDCFree and #EUEDC
  • Reach out to your government officials and demand better criteria for better health protection.

Call to implement Better Regulation principles in EU action on Endocrine Disrupting Chemicals

edcg10_opt

Brussels, 14 February 2017

To: Mr Frans Timmermans, European Commission First Vice-President
Cc: Mr Vytenis Andriukaitis, European Commissioner for Health and Food Safety

Subject: Call to implement Better Regulation principles in EU action on Endocrine Disrupting Chemicals

We are contacting you about Better Regulation issues in the EU’s policy on Endocrine Disrupting Chemicals.  First, we would like to express our appreciation to the European Commission for its stated commitment to “listen to the European Parliament, listen to all Member States, and listen to the people” (1)The harm caused by endocrine disrupting chemicals (“EDCs”) on EU citizens’ health and their environment is one of these “big problems” that the European Commission has been mandated to tackle as early as 1998 (2).  However, although laws and policies adopted since then show the EU institutions have been trying to address EDCs, citizens continue to be concerned and scientists continue to sound the alarm (3) (4) (5) (6).

The Commission’s proposals for criteria to identify EDCs, as required by the Pesticides and Biocides Regulations, are a necessary first step towards better protecting citizens and the environment from these harmful substances. However, because the proposals are currently at odds with the founding principles of Better Regulation, which aims at ensuring that the EU delivers high quality legislation, we bring the following concerns to your attention:

(1)   NOT EFFICIENT NOR COHERENT: The Commission is not adhering to existing EU political commitments for horizontal identification criteria enshrined in the Seventh Environment Action Programme (7), commitments which were recently reaffirmed by Council conclusions (8).  Currently the proposed identification criteria are only designed to work specifically for and in the Pesticides and Biocides Regulations (see Annex).

(2)  NOT EFFECTIVE: The Commission proposal on derogation conditions changes the overall Risk Management balance between protection and competitiveness enshrined in the Pesticides Regulation for EDCs and thereby exceeds the Commission’s legal mandate: the Commission was required to adopt scientific criteria to identify EDCs, not to soften the conditions for approval of EDCs in pesticides (see Annex).

(3)  NOT BASED ON EVIDENCE: The Commission is using a misinterpretation of science to justify changing the overall Risk Management balance. The Commission’s justification to make a change to the derogation conditions for pesticides’ authorisation is actually based on a flawed selective reading of the EFSA Scientific Opinion (see Annex).

(4)   NOT COHERENT: The Commission’s criteria proposal is inconsistent with international practices in chemicals classification which jeopardises the adoption of harmonised criteria worldwide and thus creates further uncertainty for businesses and policy makers (see Annex).

(5)  NOT TRANSPARENT: There is insufficient transparency and openness in the recent amendments made to the initial proposed criteria text. Substantial changes in the identification criteria have been made that lack any publically available scientific reasoning or justification and make it a daunting task for stakeholders to follow the process and the impacts of such major changes (see Annex).

As they stand now, the proposed criteria to identify EDCs are a perfect counter-example of Better Regulation. That is why, we call on you, as First Vice-President of the European Commission, in charge of coordinating the work on Better Regulation and the rule of law, and ensuring horizontal responsibility for sustainable development, to act to “break down silos” and adhere to existing EU political commitments (9).  Your action within the Commission to ensure better EDC criteria can send a strong signal to European citizens about what Better Regulation can and ought to be on the big things that concern them, protecting people’s health and the environment from harmful chemicals.

 

Yours sincerely,

Genon K. Jensen, Health and Environment Alliance (HEAL) Executive Director on behalf of the EDC-Free Europe NGO coalition

Jorgo Riss, Greenpeace European Unit Director on behalf of the Green 10 as current Chair

 

EDC-Free Europe is a coalition of more than 70 environmental, health, women’s and consumer groups across Europe who share a concern about endocrine disrupting chemicals (EDCs) and their impact on our health and wildlife.

The Green 10 are ten of the largest environmental organisations and networks active on the European level. They coordinate joint responses and recommendations to EU decision makers. Membership of the Green 10 alone is more than 20 million people.

The complete letter, including the annex and footnotes, can be read online here.

 

EU’s never-ending story on protective criteria to identify hormone disruptors continues

Brussels, 22 December 2016 - EDC-Free Europe, a coalition of NGOs, welcomes the fact that the Commission’s proposals on hormone disrupting chemicals (or EDCs), which have been heavily criticised, failed to obtain enough support yesterday from Member States.

After years of debate and delay, EU member states (through their pesticide officials) met in Brussels to discuss and potentially approve the drafts on identification criteria and a derogation allowing use of Endocrine Disrupting pesticides.  But the Commission shied away from putting their most recent proposals (8 December) to an official vote, because they would not have obtained the sufficient qualified majority from Member States.

The proposal for identification criteria contained some sudden significant text changes derived from Hungarian and German comments. The proposal for a change to the existing derogation from the prohibition of ED pesticides remains mostly unchanged since June.

Despite 3 versions since mid-June, the Commission’s proposals on identification and derogation continue to meet well-founded opposition from countries such as France, Sweden, Denmark, Finland, and the Netherlands, as well as strong criticism from scientific professional and public interest groups, including the EDC-Free coalition[1].  In parallel, over 260,000 EU citizens have signed a petition calling on Member States to reject the EU Commission’s proposal on EDCs.

Several Member States have been repeatedly calling for important improvements to the identification criteria since June, notably on the need to use terms and categories already well-established in chemicals management at both EU and international levels[2].  Member states have also been calling for criteria that identify EDCS solely on a chemical’s inherent capacity to disrupt hormones, and for criteria that can be applied across all relevant EU laws, to both of which the EU is committed in its 7th Environmental Action Plan in 2013[3].  On December 19th, the EU Environment Council issued conclusions on chemicals management which re-affirmed these 7th EAP criteria commitments.

Since June, the NGOs have also heavily criticised the sequential versions of the proposal for not addressing several key issues.  While the NGO coalition has consistently asked for swift adoption of high quality scientifically sound criteria, in order to accelerate actions to reduce peoples’ exposure to EDCs, the coalition emphasizes that the speed of decision making should not be achieved at the cost of the quality and soundness of the criteria.

The NGO coalition continues to criticise the criteria, for the same reasons the coalition highlighted to ministers on December 15 2016[4];

  • The amount of evidence needed to identify EDCs is too high and will leave people and wildlife under threat because some EDCs will not be identified[5].
  • The proposed change to the derogation fundamentally alters the balance of risk management set by Council, Parliament and Commission in agreeing the law in 2009[6].  This change widens an existing limited exemption into a major loophole that can easily be exploited to allow continued widespread use of endocrine disrupting pesticides.  Recent LeMonde investigations have shown that the scientific justification that the Commission uses to alter the derogation are based on a contrived conclusion[7].
  • Recent proposals for new exemptions from identification which would set an automatic and large escape route for EDCs that 1) affect the moulting and growth of bystander (non-pest) species (Hungarian proposal); or 2) that intentionally disrupt the hormones of any bystander species (species not targeted by the pesticide or biocide), (German proposal).

The NGO Coalition commends those Member States opposing these defective criteria, and urges the Commission to finally take on board these key elements so that the criteria are finally legally and scientifically sound, and can finally rightfully gain the Member States’ support.  The EU needs to move on to identifying and phasing out endocrine disrupting pesticides and biocides, in order to reduce people’s exposures.  These actions will help prevent EDC-related diseases and the combat the rising costs of healthcare associated with EDCs-related illnesses as well as the damage to wildlife. Sound criteria can drive innovation for safer chemicals and safer products, which can create a healthier future for us all.


[2] Phrasing such as ‘known or presumed’ which is used in the EU Classification of carcinogens, mutagens, and reproductive toxicants; and the different categories to rank chemicals according to the totality of evidence, for instance the categories used in the EU Classification of carcinogens, or similar to the categories used in the EU Priority List of EDCs for further assessment.

[3] General Union Environment Action Programme to 2020 “Living well, within the limits of our planet” (the 7th EAP) , http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013D1386

[5] The criteria are very difficult to fulfil because of the requirement to prove a consequential link between the adverse effect and the endocrine mode of action.  In particular, the ‘biological plausibility’ is not included in the three main conditions of identification for bringing together the adverse effect and the alteration of the function of the endocrine system.   In addition, the draft does not include categories in order to reflect the different levels of scientific evidence available, in spite of the fact that both EU Biocides and Pesticides Laws require the identification of EDCs that `may` cause adverse effects (i.e. suspected/probable EDCs)

[6] The proposed change to the derogation from `negligible exposure` to `negligible risk` introduces new risk elements to the legislation. The Commission is using a flawed justification of adaptation to scientific progress. This change can easily be exploited to get endocrine disrupting pesticides authorised for widespread use. But this change touches on an ‘essential element’ of the law, something the Commission is not allowed to change in a committee procedure (for an implementing act). Such changes must be done involving Parliament and Council in a fully transparent and democratic ‘co-decision’ legislative process. See http://www.environmentalhealthnews.org/ehs/news/2016/dec/endocrine-disruptors-the-manufacture-of-a-lie

Endocrine disruptors: the discreet but major gift to the pesticides lobby

by Stephane Horel, Le Monde, 20 December
Original French version can be found online here.

The European Commission submits its proposal for regulation of chemical substances on Wednesday.

It’s a paragraph that does not look like anything, added at the bottom of the document at the last minute. In a tortuous and impenetrable formulation, it refers to a derogation for products acting on the “moulting and / or growth of harmful organisms”. But, reformulated in common language, it is no more or less a concession from the European Commission to the pesticide lobby.

A few days before Christmas, Wednesday 21 December, three years late, the Commission is due to submit to a vote its proposed regulation on endocrine disruptors, these ubiquitous chemicals capable of interfering with the hormonal system of living beings at sometimes tiny doses. This proposal is supposed to implement a very strict provision of the European regulation on pesticides: the ban on pesticides that will be recognized as endocrine disruptors.

It is therefore the criteria that allow them to be identified which the Commission has drawn up and which the representatives of the Member States must adopt or reject. The vote will be held in the Standing Committee on the Food Chain and Animal Safety after six months of negotiations.

If the devil is hiding in the details, the paragraph inserted by the Commission at the last minute is anything but anecdotal. While the “pesticides regulation” requires removing endocrine disruptors from the market, the paragraph creates a derogation from identification for a whole group of pesticides that have the particularity of … being endocrine disruptors. Indeed some pesticides wipe out insects or plants known as “pests” to crops by acting on their hormonal system to block their moulting or growth. In other words, these are pesticides that have been designed to be endocrine disruptors. Rather than using this knowledge to identify and prohibit them, the Commission proposes that they be spared.

Request from the trio BASF, Bayer and Syngenta

This major derogation is in fact an old request of the pesticide industry. It was developed by the trio of pesticide manufacturers who will be most affected by the regulation: the German giant BASF (the world leader in chemistry) and Bayer (being merged with Monsanto) and the Swiss group Syngenta. In a document dated 2013, employees of these groups argue for a “derogation” for what they refer to as “endocrine disruptors by design”:

“Strictly speaking, such compounds would fulfil the endocrine disruptor definition as their endocrine mechanism and adverse population-relevant effects are intended and well-described.  (…) Consequently, an exemption category for these chemicals should be defined.. ”

The new paragraph resembles in an unmistakable way the article written by employees of pesticide manufacturers.

But the exemption is problematic for living beings, which could be affected by these endocrine disrupting pesticides, from plants to ladybugs, passing by nearby squirrels,  that is all those that the law calls “non-target organisms” but are also equipped with a hormonal system liable to be hijacked by these products.

Weed killer classified as “possible human carcinogen”

While there is no assessment of the consequences of this clause on the ecosystem, it will undoubtedly have a positive impact on the industry. According to information gathered by Le Monde, this exception would correspond to about 15 insecticides and a handful of herbicides including 2,4-D, a herbicide that has also been classified as a “possible human carcinogen” by the International Agency for Research on Cancer (IARC) in 2015.

According to the calculations made by the NGO Générations futures, the derogation concerns more than 8 700 tonnes of commercial products per year, just for France. Francois Veillerette, the spokesperson of the NGO, is indignant:

“It is aberrant in a regulation that wants to remove endocrine disruptors to protect the ecosystem.”

“This request doesn’t come from us but from the German authorities”, said Graeme Taylor, director of public affairs for the European Crop Protection Association (ECPA). The lobbying organization of the pesticide industry rejected the Commission’s proposal “as a whole”, considering that it “does not go far enough”.

Uncertain majority, proposal cut in half

Uncertain to get a majority on Wednesday, the European Commission cut off its contested proposal in two. The first scientific part contains an environmental component, including this new derogation, and a human health component, which is also the subject of strong criticism from the relevant scientific community, NGOs and certain Member States, including France.

They all denounced the inadequacy of the text to protect the population from diseases linked to exposure to endocrine disruptors (cancers, brain development problems, infertility, diabetes, etc.).

The second part of the proposal, on regulatory aspects, also contains a substantial derogation. If kept, the risks posed by endocrine disrupting pesticides would be assessed on a case-by-case basis after being placed on the market, whereas the law requires their a priori prohibition. This part is not only considered illegal by the European Parliament, NGOs and certain countries, but Le Monde revealed at the end of November, with supporting documents, that it was based on conclusions written in advance by an official European agency.

Read ‘Endocrine Disruptors: the manufacture of a lie’

“These proposals are unacceptable and they do not respond to growing public concern or mobilization for genuine action that would reduce the presence of endocrine disruptors in our daily lives”, said the coalition of NGOs EDC- Free Europe. An online petition from SumOfUs, calling to reject the proposal, has collected more than 260,000 signatures.

At the highest political level in Europe, where “good work” is considered to have been done, it is argued that there was a “scientific controversy” about endocrine disruptors to deal with. Yet a hundred respected scientists have warned decision-makers against a “manufacturing of doubt” financed by industries whose commercial interests are threatened, in the manner of the oil industry with climate change (Le Monde, November 30). Facts that a European official sweeps away, however, as “conspiracy theories”.

EDC-Free Europe urges Member States to reject Commission’s 3rd revised proposal on EDC criteria

Brussels, 15 December 2016 –  Today EDC-Free Europe sent a letter to EU Environment, Health and Agriculture ministers urging them to reject the 3rd revision which is to be discussed and possibly voted on in a meeting on December 21st.

Update 16 December: the text of the pesticides proposals can now be found online here.

To Health, Environment and Agricultural Ministers

Dear Minister,

The EDC-Free Europe NGO coalition urges your country to reject the European Commission’s 3rd revised proposal for identifying endocrine disrupting chemicals during the December 21st meeting of the Standing Committee of Food Animals Food and Feed.   Although the revised version for pesticides has not been made public, we assume the identification criteria are the same as for biocides, whose texts have been released.  We also understand that the proposal on the derogation remains the same – see point 1 below.

We are very concerned that this 3rd proposal fails to protect citizen’s health or the environment for the following reasons:

1)      Derogation change from `negligible exposure` to `negligible risk`

The Commission claims legal authority to make the change from an article in the pesticides law that permits adjustments according to scientific advances. The scientific advance, which the Commission uses to justify the change to the risk-based approach is a key sentence in the 2013 scientific opinion from the European Food Safety Authority (EFSA). But recent newspaper investigations reveal that this key sentence was a pre-fabricated conclusion prior to the EFSA group even starting their work (For more details see the annex to this letter.)  This news is deeply troubling and throws into serious doubt the scientific justification which underpins the Commission’s change to the derogation.

2)      An excessively high burden of proof for identifying EDCs

Under the identification criteria proposed, it will be extremely difficult to identify an endocrine disruptor for regulatory action before people or the environment have been harmed. This is also the conclusion of the world’s leading scientific society specializing in hormones, The Endocrine Society, when they evaluated the prior proposal.

3)      A new exemption for certain endocrine-disrupting characteristics

A new exemption has been introduced to excuse certain substances from identification (those with effects on moulting and/or growth), which could have wide ranging negative implications, in particular for wildlife. Firstly it contradicts the aim of the pesticides law to phase out use of endocrine disrupting pesticides and should therefore not be introduced as part of the identification criteria. Secondly, the identification criteria must be horizontally applicable, because they will have implications for the identification of EDCs under other laws.  Exempting some Endocrine Disrupting characteristics from identification for purposes specific to the pesticides and biocides laws contradicts the commitment under the 7th Environmental Action Programme for horizontal criteria.

In summary, we understand that this 3rd version continues to propose a risk-based derogation that is founded on a contrived scientific justification to introduce an illegal change in the previously democratically agreed legislative text; contains mostly cosmetic changes to the overly-stringent identification criteria; and introduces a new exemption which excuses a certain set of endocrine disrupting characteristics from identification.

These proposals are unacceptable, and they do not respond to the growing public concern and mobilization for real action to reduce EDCs in our daily life. Over 220,000 EU citizens have signed an urgent petition to all European governments asking you to reject the EU Commission’s proposal.

With kind regards on behalf of the EDC-Free Europe coalition,

Genon K. Jensen

Executive Director, Health & Environment Alliance (HEAL)

In the view of the public interest in this matter we will make this letter available more widely.

ANNEX

New information on how DG Sante is using a pre-manufactured scientific conclusion for the risk based derogation, relies on industry funded studies and has been influenced by the US

In the first article of a three-part series published in Le Monde in French and in Environmental Health News in English, it is revealed that “the European Commission has developed its own evidence to avoid an overly stringent regulation” of EDCs. They have then used this to justify the change in the derogation from `negligible exposure` to `negligible risk` which illegally introduces new risk elements to the legislation.

“a series of internal documents of the European administration obtained by Le Monde. They show, without ambiguity, that the key phrase on which the regulatory edifice proposed by the Commission is built had been drafted even before any scientific expertise had really begun.”

Euractiv reveals how Commissions’ proposal put private profit and trade concerns over public health

Earlier this week, Euractiv’s article, “New endocrine disruptor rules address your trade concerns, EU tells US” illustrates how private profit and trade concerns are put above public health and democratically agreed laws.  In July, the Health Commissioner met with EU trade partners about the Commission’s June draft proposal on the EDC criteria and assured them their proposals would use a different risk-evaluation method.

Endocrine Disruptors: the interference of the United States

Since 2013, the United States has been contesting by all means available the European regulation of these chemicals in the name of free trade.

HEAL has translated this article which originally ran in French on 29 November 2016 in LeMonde. It is Part 3 of a 3 part series, accompanied by a commentary signed by nearly 100 scientists:

By Stéphane Horel

The United States does not hide it. In some cases, they would like to write European law instead of leaving it to Europe. Among the cases: endocrine disruptors, these chemicals that are present in our everyday environment and capable of hijacking the hormonal system of living beings. Since 2009, the European Commission has been working on the issue of their regulation. The topic is all the more sensitive as this regulation will be unprecedented, imposing new standards for the rest of the world. All trading partners who want to continue exporting their products to the EU, including the United States, will have to comply with them.

In highly technical documents, the American government expresses its position with unreserved criticism and requests that verge on political interference. Of particular note is this text, conveyed to the Commission on 16 January 2015 within the framework of a consultation on the various regulatory options envisaged. It says: “If the Commission were to be provided with evidence supporting an option not among (those) presented, would this be considered?” The question is convoluted but the implication is clear: the United States does not only propose rewriting the law but disputes the very principle of the regulation as far as endocrine disruptors are concerned.

The origin of the tension is the European regulation on pesticides of 2009. Very strict, it foresees a ban on pesticides that have endocrine disrupting properties. This principle of “hazard assessment” a priori antagonises the US government. “Implementation of any hazard-based ‘cut off’ option,” it writes, “could have severe implications for EU imports of US agricultural goods.” Contrary to the political will of Europe, the US government calls for a return to the traditional philosophy of “risk assessment”, which is undertaken a posteriori.

This US pressure on the EU actually began in June 2013 at the meeting of the World Trade Organization (WTO) Committee on Technical Barriers to Trade. The US representative shared the “concerns” of his government, but also those of its industry, which feared “significant and unwarranted dislocations in trade.” In the months that followed, the American concern spread to another WTO committee specifically responsible for pesticides and food. The “aggressive and well-orchestrated attacks” are recorded in a European Commission internal note of August 2015 seen by Le Monde. No one can be mistaken, there is a threat of prosecution looming.

It is in these WTO committees that the question of non-compliance with “international sanitary and phytosanitary measures”, known as SPS, is raised. A report in March 2016 says that Canada considers the regulation “only served to undermine international trade in agriculture and contravened the fundamental principle of the WTO SPS agreement, which was to base measures on scientific risk assessments and not to maintain them without scientific justification”. Indeed, the US has brought other countries onto its side: by summer 2016, the heterogeneous alliance included more than twenty countries, including China, Togo and Jamaica.

Given that the proposal that causes so much bitterness was adopted in 2009, why did the United States wait until 2013 to complain about it within the framework of the WTO? Because 2013 was in fact a pivotal moment in the European decision-making process on endocrine disruptors. At the beginning of 2013, the Commission set on a very different path. Its Directorate-General (DG) for the Environment, which was leading on the dossier, had just proposed its chosen option. Drawing on the classification used for carcinogenic chemicals, it would allow substances to be divided into two categories: ‘suspected’ or ‘known’ endocrine disruptors. This option is supported by the scientific community, non-governmental organizations and certain member states, including France, while industry is violently, and openly, opposed to it. A lobbying blitzkrieg against it took place in June 2013.

It was a letter from CropLife America, the lobbying organization for the US pesticide industry, which first suggested to the US authorities that they challenge the option with the help of WTO rules. “The US Government should defend itself using the authority of the SPS Agreement under WTO if the EU pursues its proposed new regulatory regime …. without an approach based on risk assessment”, wrote CropLife America, 10 May 2013 to the office of the US trade representative. The letter added: “CLA stands ready to provide supporting documentation”.

Surprisingly, the hostility of the United States and its allies has changed little while the position of the Commission has changed radically. The option of DG Environment, which has since been divested of the file, was buried in July 2013. The new proposal from the Commission announced on 15 June 2016 – even though it is judged very protective of the interests of companies – continues to satisfy neither the industry –- nor the critics at the WTO. A delegation of ambassadors to the EU came to the office of the European Commissioner for Health in July 2016 to express their discontent. At the end of August, a final warning shot came via WTO. While Canada evoked a “negative, unnecessary and unjustified impact on trade”, the US government continued to challenge the “soundness of the EU’s approach”. As “supporting documentation”: the letters of several industrial organizations including the American Chemistry Council and CropLife America.

This article has been translated by the Health and Environment Alliance from the original French version here: http://www.lemonde.fr/sante/article/2016/11/29/perturbateurs-endocriniens-l-ingerence-des-etats-unis_5040055_1651302.html#OVD1DbSRPcFKvC3H.99

This article ran on 29 November 2016 in LeMonde, France, alongside 3 other articles :