Precautionary Principle– Use in EU Chemicals Legislation
Bjorn HansenHead of Unit: ChemicalsEuropean Commission, DG Environment
Precaution and Innovation, 22-06-2015
Outline
1. Caution and Precaution in EU Legislation2. Precautionary Principle in EU Legislation3. 7th EAP and Innovation4. Predictability5. Conclusions
1. Caution and Precaution in EU Chemicals Legislation
• Caution:
• The scientific assessment of a chemical should entail a sensible dose of (critical) caution when analysing the data.
1. Caution and Precaution in EU Chemicals Legislation
• Precaution:
• A precautionary approach is applied in much of the EUs chemicals legislation
• Example: Generic risk approaches• - Chemicals and mixtures are labelled based on
hazards and generic risk considerations to make users better aware (blindfolded at 1cm or 1km)
1. Caution and Precaution in EU Chemicals Legislation
• Precaution:
• - CMRs cat 1 are banned for consumer use, as such or in mixtures up to a low concentration limit (500.000.000 consumers in EU, consumer products often not essential, CMRs consequences large).
• - Cut-offs in legislation. Biocides, PPPs, REACH
1. Caution and Precaution in EU Chemicals Legislation
• Precaution:
• - conservative assessment factors are applied to extrapolate from limited database to humans and the environment
2. Precautionary Principle in EU Chemicals Legislation
• Precautionary Principle:
• - In the Treaties (one of three environment principles, alongside polluter pays and pollution at source)
• - Authorisation Systems are systematic applications of the precautionary principle (e.g. Biocides, PPP and REACH)
2. Precautionary Principle in EU Chemicals Legislation
• Precautionary Principle:
• - Cases from Regulation 793/93 (now repealed):
• 1. PentaBDPE (resulted in ban)• 2. OctaBDPE (resulted in ban)• 3. DecaBDPE (resulted in test)• 4. Bisphenol-A (resulted in test)• 5. Some phthalates (resulted in restriction)
2. Precautionary Principle in EU Chemicals Legislation
• Precautionary Principle:
• - Under REACH is can be applied
• 1. identify uncertainties in risk assessment• 2. assess consequences in risk management in
risk management parts• 3. assess socio-economic consequences of
scenarios
2. Precautionary Principle in EU Chemicals Industry
• Precautionary Principle:
• - Chemicals industry uses the precautionary principle very often in making their routine business decisions
3. The EU's 7th EAP - Chemicals
• The EU needs to deliver on:
• - cyclical economy• - resource efficiency• - non-toxic product cycles
• which put additional (or confirms existing) demands on our Chemicals Policy
3. The EU's 7th EAP - Chemicals
• The 7th EAP sets out to meet these• challenges through the development of:• • EU strategy for a non-toxic environment,
supported by chemical knowledgebases
• based on fact that predictability and knowledge support innovation
Keep Innovating (in Transparent ChemicalsWorld):
- Move from having information to accumulating knowledge (the ability to use information) - Chemical Companies become Chemical Knowledge Companies - Access and storage of information becomes a public good
Need EU Chemicals (Exposure and Toxicity) Knowledgebase!
3. The EU's 7th EAP - Chemicals
3. The EU's 7th EAP - Chemicals
• 2018:
• Develop an EU Strategy for a non-toxic environment, that is conducive to innovation and the development of sustainable substitutes including non-chemical solutions
• (building on the 2015 work)
Predictability has several facets:
- - Regulation- - Industry Performance- - Scientific Opinion(s)- - Public Opinion
4. Predictability
5. Conclusions
• - Precautionary Principle is well integrated in EU Chemicals Legislation
• - Experience in application exists• - Better chemicals management needs better
knowledge, more predictability, and the precautionary principle
Thank you for your attention
Bjorn Hansen, Head of Unit, Chemicals, DG Environment, European Commission, Brussels
http://ec.europa.eu/environment/chemicals