Precautionary principle
Precautionary principle
The precautionary principle is an approach to risk management whereby, where there is a possibility that a particular policy or action could cause harm to citizens or the environment and where there is not yet a scientific consensus on the issue, the policy or action should not be pursued. However, the policy or action may be reviewed as soon as more scientific information becomes available. The precautionary principle is set out in Article 191 of the Treaty on the Functioning of the European Union (TFEU).
The concept of the precautionary principle was first established in a European Commission Communication, adopted in February 2000, which defined the concept and how it should be applied.
The precautionary principle can only be invoked in cases of potential risk and can never be used to justify arbitrary decisions.
Some examples where the European Union has applied the precautionary principle include the regulatory framework for chemicals [Regulation (EC) No 1272/2008], 1907/2006, known as REACH] and the General Food Law Regulation [Regulation (EC) No 178/2002].
For this reason, the Precautionary Principle is a fundamental principle of environmental and public health law, which establishes that, in the presence of a potential risk to human or animal health or the environment, the lack of complete scientific certainty should not be used as a reason to delay the adoption of preventive measures. In other words, when there are indications that an activity or substance could cause serious or irreversible damage, it is possible and justified to take action to prevent them even without definitive scientific evidence.
Main characteristics of the Precautionary Principle –
– Preliminary risk assessment: there must be a plausible indication of risk to activate the principle.
– Proportionality: the preventive measures taken must be proportionate to the severity and likelihood of the risk.
– Non-discrimination: the measures must be applied consistently for similar situations.
– Periodic review: decisions based on the principle must be reviewed in the light of new scientific data.
– Transparency: the decision-making process must be clear and involve all stakeholders.
European reference standards –
As mentioned, the Precautionary Principle is enshrined in several legislative acts and legal instruments of the European Union. The main ones are:
1. Treaty on the Functioning of the European Union (TFEU):
Article 191(2): The principle is explicitly mentioned as part of the EU environmental policy, which aims to ensure a high level of protection based on the principles of precaution, prevention and remedying of environmental damage.
2. Communication from the European Commission on the Precautionary Principle (2000):
This document provides guidelines on how to apply the principle in EU policies. It clarifies that the principle can be used in different contexts, not only environmental, but also in the field of public health and food safety.
3. Regulation (EC) No. 178/2002 (“General Food Law”):
Introduces the precautionary principle as a basis for European food law. It establishes that risk management measures must take account of the principle when scientific data are insufficient, inconclusive or uncertain.
4. Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms (GMOs):
Integrates the precautionary principle into the management and risk assessment of GMOs.
5. REACH Regulation (EC Regulation No. 1907/2006):
Concerns the registration, evaluation, authorisation and restriction of chemicals. The application of the precautionary principle is implicit in the risk assessment of chemicals.
Practical applications –
– Environment: Reduction of the use of pesticides suspected of damaging ecosystems.
– Public health: Restrictions on the trade of foods or medicines in case of uncertainty about their effects.
– Emerging technologies: Regulation of new technologies such as nanotechnology or artificial intelligence based on potential risks.
The precautionary principle therefore ensures a prudent approach to policy and regulatory decisions, protecting the public and the environment from possible irreversible damage.