Having more than 70 percent of the world’s total boron reserves within its borders, Turkey feels crippled by the decision because it means a heavy blow to its mineral trade.

In 2002, the Swedish government decided to classify borates as toxic to the reproductive system in the human body. Later, in February 2007, the EU Working Group on the Classification and Labeling of Dangerous Substances recommended that the EU Commission adopt the same classification within the scope of the Directive 67/548/EEC Category 3. The EU Commission finalized its decision in June 2008.

The decision was published in the Official Journal of the European Union on Sept. 15 with a condition that it will be effective 20 days after publication.

Having been subject to WTO sanctions twice before, Turkey has for the first time submitted an application to the WTO, asking for action on the grounds that the directive brings inequitable limits to free trade. This application is also important because it is filed against the European Union. Turkey's objection is based on the premise that the classification of boron as a hazardous material is not based on scientific studies and therefore must be seen as a technical barrier to the trade.

Directive 67/548/ECC aims to set the rules of classification of toxic materials, their packaging and labeling. It classifies chemical substances into three categories with respect to the risks they pose to human health. The first category includes materials for which there is scientific evidence of hazard on human health. The second list includes substances that are suspected of being harmful to human health based on animal experiments. The third category includes suspicious chemicals or low-risk toxins.

Once a material is classified in one of these categories, it automatically receives limits on its trade. For example, a good consisting of classified toxic material must have a skull image on its package to alert users that it includes harmful ingredients, which usually deters potential buyers.

Turkey has been closely watching the process since the issue was brought to the EU agenda. It has conveyed its concerns about the boron issue to the Common Committee of the Customs Union. The minister of state for foreign trade, the minister of environment and forestry, and the minister of energy and natural resources have sent official letters to the relevant commissioners, informing them about Turkey's sensitivities regarding the boron issue. But none of these attempts were able to affect the commission's decision to label boron as a toxic material. Similarly, other boron exporting countries such as the US, Malaysia, Australia, Argentina, Chile, Japan and China have also voiced concerns to the EU bodies to step back on the boron issue.

Turkey says the EU's decision was based on the experiments conducted only on mice. It also says the boron was directly injected to the animal in high dosages, contrary to the fact that boron is never consumed by humans in its pure form or taken in bodies directly as was done to the mice in the experiments.

Boron is heavily used in producing detergents, glass and ceramic, but its usage areas are rapidly increasing.

Experts in the boron market believe that boron exports to EU countries will likely shrink by 50 percent, meaning a loss of $50 million annually under current conditions. Turkey expects to sell $500 million to $600 million worth of boron next year; nearly one-third of this amount is earned from the EU countries.

The WTO's role is to try to reconcile the parties. If the sides don't make concessions from their positions, then it establishes a panel that delivers binding decisions after deliberations.

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