Despite a ban on the sale of the verdelgingsmiddel Roundup can be individuals the online ease of ordering.
Foreign websites life the ban on the sale of herbicides to private individuals, not after. Who, for example, via Google, a website seeking to Roundup to order, see the Dutch website bestrijdingsmiddelendirect.nl appear with the slogan ‘Roundup: fast delivered in Belgium”. It is one of the websites of the company Mulder Retail. “We have customers from different countries. It is difficult to get a line to draw. If a law changes, is not reported, ” says a company spokesman.
In the Netherlands a Roundup until the end of this year to individuals to be sold. From 2019, that would be only in small packages are permitted. Commits Mulder Retail now an infringement? In the Federal public service Economy, states that an e-commerce business is considered the law of the country where it is located. “But if the concerned website to be aware to the Belgian market, of course, must be assessed whether the provider itself is not market moving.’
One of the problems is that there is still no case-law exists. The FPS Economy showed ever single foreign websites blocking (concert)tickets systematically more expensive sold – what is prohibited. At the request of the federal ministry of Economy took an investigating judge when in.
Infringement on dangerous transport?
But Mulder, Retail must also the rules of Health to comply with. On that level, commits the company is indeed an infringement, says Maarten Trybou, head of plant protection products and fertilizers of the FPS public Health. “The criteria for the sale of Roundup in Belgium were already more stringent due to the strict requirements on packaging. So there were no Dutch versions of the product sell.’
Trybou admits that the public Health little impact to the compliance of the prohibition to enforce. “It is impossible to control everything. We rely on the sense of responsibility of the people, ” he says. At Mulder’s Retail people say that Belgians are the product also, sometimes, in a delivery point at the border to be delivered.
If the websites from neighbouring countries Roundup via, for example, Post.NL home delivery, they commit may infringe on the transport of dangerous products. Therefore, an ADR license is required. The drivers don’t necessarily know that the stuff in the cardboard box is dangerous.
In the future, websites will be required to register in public Health, so the government they can follow. Public health also hopes the power to get to, like the FPS Economy, websites to block.
Comeos, the Belgian federation for commerce, is not surprised that online shops the ban bypass. They said earlier that the ban on the sale of herbicides to individuals a measure for nothing would be as the products online are still available.
Comeos requires that every new government measure first the digital test sets. It is checked whether the measure has the same impact on the digital world as in the physical world. “Only in that case, action will today are effective”, says Dominique Michel, ceo Comeos.