Technical Assistance related to the Precautionary Principle in EU Chemicals Regulations

Dec 1, 2010 - Jun 1, 2011

Project description

Several challenges can be identified in applying the precautionary principle in the context of REACH and related legislation where EU decision-making on chemicals is concerned. These challenges are partly due to the specific nature of (regulating) chemicals, and the more general nature of the precautionary principle. The Commission’s guidelines on the use of the precautionary principle as laid down in Communication (2000)1 might not always provide for tailor-made recommendations on ways to apply the precautionary principle to chemicals. What is more, legal and practical developments at the EU and national level in the field of the precautionary principle and chemicals might play a role as well, as will differences of opinionbetween the EU and some of the Member States. In order to come up with tailor-made recommendations on applying the principle in the decision-making process relating to chemicals, elements of the existing EU legislation that can influence the possibilities to apply an approach that does justice to the precautionary principle, or could stand in the way of doing so, will need to be identified.

Topic

Providing advice as to how the precautionary principle should/may be applied in the context of the different regulatory decisions of EU chemicals legislation, like substance evaluations, authorisations and
restriction.

Objective

To identify and analyse relevant case law and scientific literature that characterises the state of the art regarding the application of the precautionary principle in the fields of human health and the
environment;
• To list and classify practical examples as well as to identify common trends and issues regarding the application of the precautionary principle in particular in the chemical field;
* Convening a workshop on these issues in Brussels in May 2011;
• To advise on considerations that should be included in the decision-making process when applying the precautionary principle in the chemical field, while taking account of the elements of
o proportionality,
o non-discrimination,
o consistency,
o examination of the benefits and costs of action or lack of action,
o examination of scientific developments.