The Precautionary Principle (hereinafter PP) provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The PP is considered to be one of the most controversial principles and attracted much scholarly attention. Despite the vast array of books and shorter articles about the topic, less documents are available that are not limited to a single aspect of the principle or − if discussing several aspects − do not fill a whole book. While the present thesis will also not be able to cover all aspects on a limited amount of pages, it nevertheless should allow readers to gain an overview of all essential points linked with the role of the PP in the framework of risk regulation in the European Union (EU). To begin with the most important, the principle is introduced by describing its main characteristics. As these are heavily dependent on those who breathe life into the principle, the characteristics the EU assigned to it shall form the centerpiece of the first part of this paper. Based on this clarification, allegations brought against the PP are critically assessed. In the second part of the thesis, the focus is shifted to the actual application of the PP in EU risk regulation. After shedding light on the origins of the principle in EU risk regulation, three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators. The thesis concludes with a general summary of main findings.
The established systematic approach as applied in the case studies would allow to be extended to further cases or could be adapted to other countries or international settings. However, in this paper international aspects are only treated to a limited extend and not all sectors where the PP is applied can be presented.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- I. The Precautionary Principle
- A. Approaching the PP's Meanings
- 1. The Rio Declaration
- 2. The Communication from the Commission on the PP
- 3. Synthesis of Common Elements
- a) Scope
- b) Goal
- c) Trigger Conditions
- d) Measures
- e) Legal Status
- B. Debates
- 1. The PP Stifles Innovation and is thus Bad for Economy and Social Welfare
- 2. The PP Ignores Cost-benefit Ratios and Neglects Risk-risk Trade-offs
- a) Pre-defined Protection Level versus Traditional Cost-benefit Analysis
- b) Single-policy and Cross-policy Issues
- 3. The PP Ignores Sound Science and Invites Biased, Suboptimal Decisions
- a) Sound Science versus the Perils of Public Risk Perception
- b) Sound Science versus a Clash of Interests
- c) The EU's Perspective on the Role of Science
- A. Approaching the PP's Meanings
- II. EU Risk Regulation and the Role of the PP
- A. Origins
- B. Better Regulation and Structural Changes
- C. Recent Applications of the PP in EU Policymaking: Case Studies
- 1. Choice of Cases and Applied Method
- 2. Case Study I: Neonicotinoids and Dying Honey Bees
- a) Is there a Pre-defined Protection Level?
- b) How and by Whom Has the PP Been Triggered?
- c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
- d) Did Allegations as those Introduced in the Section about Debates Arise?
- 3. Case Study II: Bisphenol A (BPA)
- a) Is there a Pre-defined Protection Level?
- b) How and by Whom Has the PP Been Triggered?
- c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
- d) Did Allegations as those Introduced in the Section about Debates Arise?
- 4. Case Study III: Antimicrobial Resistance
- a) Is there a Pre-defined Protection Level?
- b) How and by Whom Has the PP Been Triggered?
- c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
- d) Did Allegations as those Introduced in the Section about Debates Arise?
- III. Discussion and Recommendations
- A. The Debates (Will) Go On
- B. Recommendations
- 1. The Commission Would Do Well to Become More Authentic
- 2. Improving Transparency Would Bring Many Benefits
- 3. Risk Communication Should not be Seen as Separate Risk Analysis Stage
- 4. Restore Lost Trust in Science
- 5. Learn From Others and From the Past
- IV. Summary and Conclusions
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work examines the role of the precautionary principle (PP) in EU risk regulation. The objective is to analyze how the PP has been applied in recent EU policymaking and to discuss the challenges and opportunities associated with its use.- Meaning and application of the PP in EU law and practice
- Debates surrounding the PP, including its potential impact on innovation, cost-benefit analysis, and the role of science
- Case studies of the PP's application in EU policy areas such as neonicotinoids, bisphenol A, and antimicrobial resistance
- Recommendations for improving the application of the PP in EU risk regulation
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter introduces the precautionary principle, outlining its origins, meanings, and common elements. It also discusses various debates surrounding the principle, addressing concerns such as its potential to stifle innovation, ignore cost-benefit analyses, and undermine the role of science.Chapter two examines EU risk regulation and the role of the PP within this framework. It traces the origins of EU risk regulation and explores the evolution of the PP as a core principle. This chapter also delves into recent applications of the PP in EU policymaking, offering in-depth case studies of neonicotinoids, bisphenol A, and antimicrobial resistance.
The third chapter discusses the ongoing debates surrounding the PP and offers recommendations for improving its application in EU risk regulation. The focus is on promoting transparency, enhancing risk communication, restoring trust in science, and learning from past experiences.
Schlüsselwörter (Keywords)
The central keywords of this work are: precautionary principle, risk regulation, EU law, innovation, cost-benefit analysis, science, risk communication, case studies, neonicotinoids, bisphenol A, antimicrobial resistance. The text examines the application of the precautionary principle in EU risk regulation through the lens of these key topics.- Quote paper
- Barbara Berthoud (Author), 2013, The Role of the Precautionary Principle in EU Risk Regulation, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/267217
