Hochgefährliche Pestizide (HHPs)

The German government has announced it will implement an export ban on certain hazardous pesticides. A draft of the implementation policy will be presented during the spring of 2023. The goal of the export ban is to eliminate double standards in the pesticide trade. Double standards arise when active ingredients and pesticide products that are not approved or authorised in the European Union (EU) because of their environmental and health hazards or risks are nevertheless exported from Germany to countries outside the EU.

A legal opinion written by Mirka Fries (LL.M.) and Ida Westphal (Ass. Iur.) and commissioned by the European Center for Constitutional and Human Rights (ECCHR), the Heinrich Böll Stiftung, INKOTA netzwerk, the Pesticide Action Network Germany (PAN Germany), and the Rosa Luxemburg Stiftung examines the potential scope of such an export ban and if it could be compatible with the law of the European Union as well as the General Agreement on Tariffs and Trade (GATT) of the World Trade organization (WTO).

A German export ban – but also national export bans by other EU member states – will be particularly effective in countering double standards in the pesticide trade as long as: 1) both active ingredients and pesticide products are covered; and 2) export rights are only granted for substances that were approved or authorised as a result of a thorough assessment of their hazard levels and risks to humans and the environment under current EU regulatory framework. In this way, the same standards of health and environmental protection applicable for marketing within the EU would apply to the export of such pesticides.

The legal opinion (english version) at hand is a shortened version of the original legal opinion written in German.

More information:

• BUND / Friends of the Earth Europe / Heinrich Böll Stiftung PAN Europe (2022): Pesticide Atlas. Facts and figures about toxic chemicals in agriculture. Available: https://eu.boell.org/en/PesticideAtlas
• INKOTA / PAN Germany / Rosa Luxemburg Stiftung (2021): Double Standards and Hazardous Pesticides from Bayer and BASF. A glimpse behind the scenes of the international trade in pesticide active ingredients. Available: Study: https://pan-germany.org/download/study-double-standards-and-hazardous-pesticides-from-bayer-and-basf/
• Campanha Permanente Contra os Agrotóxicos e Pela Vida / INKOTA / Khanyisa / MISEREOR / Rosa Luxemburg Stiftung (2020): Hazardous Pesticides from Bayer and BASF. A global trade with double standards. Availabe: https://www.webshop.inkota.de/produkt/broschuere/study-hazardous-pesticides-bayer-and-basf-global-trade-double-standards