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Swiss Exhibition appeals against the Federal Office for Public Health’s directive on SARS
MCH Swiss Exhibition Ltd. (Swiss Exhibition) considers the
decision taken by the Federal Office for Public Health (BAG) on
SARS in connection with BASELWORLD to be unlawful. It has
lodged an appeal with the Swiss Federal Department of Home
Affairs against the corresponding BAG directive of April 1, 2003.
Swiss Exhibition contends that the directive violates Federal law
and is unreasonable.
In view of the spreading SARS disease, and based on a relevant
Federal Council decree, the Federal Office for Public Health (BAG)
ordered Swiss Exhibition on April 1 to ensure “that the exhibitors of the
World Watch and Jewellery Show in Basel and Zurich (BASELWORLD)
do not employ any persons at the Show who spent time in China, Hong
Kong, Singapore or Vietnam after March 1, 2003 and travelled from
there to Switzerland either directly or indirectly."
The number of exhibiting firms directly affected by this directive was 394 of a total of 2163 (11 of the total 1377 in Basel and 383 of the total 786
in Zurich). These organisations were forced to withdraw as exhibitors at
BASELWORLD from April 3 to 10, 2003 due to the impossibility of
recruiting stand personnel from other countries at such short notice. The
estimated 3,000 employees of these firms – and all other persons who
had spent time in the SARS countries designated by the BAG after
March 1, 2003 – were allowed, however, to remain in Switzerland and
also to visit BASELWORLD.
Swiss Exhibition considers, however, that the measures imposed made no contribution whatsoever to the protection of the population. It also
criticizes the way in which the directive transpired.
Swiss Exhibition has an interest in ensuring that a higher-level authority reviews the legality of the BAG directive, in particular with regard to the
conduct of future fairs and events.
The BAG directive had drastic consequences for BASELWORLD,
especially at the Zurich venue, where the number of exhibiting firms was
reduced by approximately half and the exhibition area was decreased to
about one-third. The employment prohibition for nearly 400 companies
was one of the reasons why BASELWORLD suffered a 22 percent
decline in the number of visitors compared with 2002. What is more, the
future inclusion of the Zurich venue within the BASELWORLD concept
has been placed in serious doubt.
Not surprisingly, the affected companies have announced their intention to sue for damages. The extent of these actions cannot yet be
estimated. Nor can monetary figures be placed on the negative effects
on Switzerland’s trade relations with the countries in question or the
damage done to Switzerland’s image as a trade fair venue.
The Exhibition Management is also currently reviewing the continued inclusion – or discontinuation – of the Zurich venue in the
BASELWORLD concept. This means determining the conditions under
which the Zurich location might be retained and also examining possible
alternatives.
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