Ramazzini Days 2016 INTERNATIONAL TRADE AGREEMENTS - CURRENT DISCUSSIONS AND FUTURE PERSPECTIVES Daniele Mandrioli Cesare Maltoni Cancer Research Center Ramazzini Institute Good morning and thanks to the Collegium Ramazzini for the opportunity to present our work to this extraordinary audience Carpi, October 30° 2016

THE COST (AND BENEFIT) OF EU REACH The European Commission estimated that REACH implementation have costs as totaling between 2.1 and 5.2 billion euros and health benefits as totaling between 4.8 and 283 billion euros over 20 years Independent analysis of several studies on the benefits of REACH by Reihlen& Luskow also demonstrated significant benefits for several sectors, including industry, environment, and human health Data compiled by the EU chemical industry indicate that during implementation of REACH sales increased (1992-2012). The European Union became the leading importer and exporter of chemicals worldwide in 2012 . Regulating chemicals: law, science, and the unbearable burdens of regulation. Silbergeld EK, Mandrioli D, Cranor CF. Annu Rev Public Health. 2015 Mar 18;36:175-91.

REGULATORY CAPACITY “Sound regulatory capacity are associated with higher GDP”

TTIP

CETA

Resistenza agli erbicidi La modificazione genetica più presente (63% sul totale) è la resistenza agli erbicidi

TTIP and CETA No definitive draft of the document available It is the largest ever Free Trade Agreement (FTA): it would affect countries that account for 50% of global Gross Domestic Product Proponents of the TTIP claim that the treaty will produce benefits to health-enhancing determinants such as economic growth and employment It is designed not only to reduce trade tariffs, but also to homogenize regulations, standards and investor protections between interested nations De Vogli R, Renzetti N. The Potential Impact of the Transatlantic Trade and Investment Partnership (TTIP) on public health. Epidemiol Prev. 2016 Mar-Apr;40(2):95-102. Cattaneo. Bilateral free trade agreements and health. Sistema Salute, 58, 4, 2014

TTIP: ISSUES Investor to State Dispute Settlement (ISDS) arbitration system, a mechanism that allows transnational companies (TNCs) to sue governments when a policy or law reduces the value of their investment Sanitary and Phytosanitary Standards (SPS) of the TTIP is expected to weaken regulations in the food and agricultural sectors especially in the EU (based on risk assessment, difficult application of precautionary principle) procedures of mutual recognition on technical barriers to trade (TBT) and of equivalence of standards (SPS) Accordingly, such procedures are allowing products produced and authorized under US standards to be marketed in the EU without being previously authorized under an EU regime.

ISDS ISDS existed for decades (WTO and other trade agreements) Remarkable cases: Philip Morris International vs Uruguay (2010) for placing large health warnings on tobacco products In 2016 the tribunal rules in favour of Uruguay and orders Philip Morris to pay Uruguay $7 million, in addition to all fees and expenses of the Tribuna Philip Morris International vs Australia (2012) In 2015 arbitral tribunal has declined jurisdiction to hear the case

ISDS ISDS existed for decades (WTO and other trade agreements) Remarkable cases: Philip Morris International vs Uruguay (2010) for placing large health warnings on tobacco products In 2016 the tribunal rules in favour of Uruguay and orders Philip Morris to pay Uruguay $7 million, in addition to all fees and expenses of the Tribuna Philip Morris International vs Australia (2012) In 2015 arbitral tribunal has declined jurisdiction to hear the case

ISDS TransCanada Corp. vs US government (2016 15 billion dollars lawsuit for rejecting Keystone XL – an oil pipeline running from Alberta(Canada) to Texas (USA) – because of its potential impact on efforts to combat climate change Lone Pine Resources In. vs Canada 118 million dollar for ban on “hydraulic fracturing” in Quebec after the passage of NAFTA

ISDS: CHILLING EFFECTS Regulatory Chill: any impact that market forces can produce on public policy regulators when they persuade them to refrain from developing, introducing and revising regulations aimed at protecting health and the environment: Examples: In New Zealand where the government explicitly announced that had postponed plain packaging legislation because of the Philip Morris vs. Australia case EDC EU Regulation

Acknowledgments Fiorella Belpoggi and the Ramazzini Institute Staff Ellen Silbergeld, Johns Hopkins Carl Cranor, University of California

GRAZIE Some circles maintain that current economics and technology will solve all environmental problems, and argue, in popular and non-technical terms, that the problems of global hunger and poverty will be resolved simply by market growth (“Evangelii gaudium”, Pope Francis)