Regulation: precautionary

Details of the appointed persons must be entered in Register F31. Also, such persons must be instructed in the requirements of the Operations at Unfenced Machinery Regulations 1938 and issued with the precautionary leaflet F2487. General precautions to observe include ... 

In the meanwhile, the precautionary assumption continues to be used by regulators that there is a linear relationship between the level of radioactivity and the risk of cancer even at very low levels. That has a considerable effect on plant design and costs, but it is difficult to see how this could be changed whilst there is such disagreement within the scientific community". 

Certain regulations contained in the air legislation and also in the annexes to the Waste Water Ordinance include the substitution of hazardous substances as the best available technology and thus attempt to put into operation the precautionary principle (cf UBA texts 88/99, Guidance Manual for Formulators and Other Professional Users of Chemicals). 

Chemicals, so industry and many in government insist, must be regulated on the basis of risk, specifically the risk of specifiable types of physical harm. As discussed in the last chapter, in debates about regulation this risk-based approach is contrasted with a precautionary approach. 

In-depth research into the results of the VCI surveys tells us that the call for tighter controls is an unconscious precautionary reflex resulting from the generally high level of skepticism towards the chemical sector. There are ways to soften the blow, however for example, the reaction is lessened if the consequences of increased regulation are made clear. In addition, the underlying awareness of the sector s value and the progress that has been made on responsible behavior can be awakened. 

Klinke, A., Dreyer, M., Renn, O., Stirling, A. and van Zwanenberg, P. (2006) Precautionary risk regulation in European governance. Journal of Risk Research 9(4) 373-392. 

Mueller-Herold, U., Morosini, M. and Schucht, O. (2005) Choosing chemicals for precautionary regulation a filter series approach. Environmental Science and Technology 39 683-691. 

Preventive Measures Unless voluntary measures are proven sufficient, the precautionary approach requires anticipatory regulation. If a substance can be substituted with a suitable, better known and less hazardous substance or non-chemical option, then that should be the first priority. Secondly, partial or full restrictions can be implemented on substances that are precautionarily classified as being persistent, bioaccumulative, toxic or otherwise hazardous. 

In the following, the history of the precautionary principle within the EU and its member states will be briefly described, followed by a concise overview of EU chemicals policy and a more detailed description and analysis of the REACH regulation and its relation to the precautionary principle. 

This section provides an overview of the precautionary principle and chemicals regulation in US policies and describes and analyses the Toxic Substances Control Act in more detail, in particular in relation to the precautionary principle. 

Hansen, S. F., Carlsen, L. and Tickner, J. (2007). Chemicals regulation and precaution does REACH really incorporate the precautionary principle Environmental Science and Policy 10, 395-404. 

Lokke, S. (2004) The Precautionary Principle and Regulation of Chemicals. Academic Thesis. Aalborg Aalborg University. 

UNCED (1993) Report of the Conference of the United Nations on Environment and Development (UNCED), Rio de Janeiro, 3-14 June 1992, vol. 1-3. New York United Nations, von Moltke, K. (1988) The Vorsorge-Prinzip in West-German Policy. In Twelfth Report of the Royal Commission on Environmental Pollution, Annex 3. London H.M. Stationery Office. Wagner, W. E. (2000) The Precautionary Principle and Chemicals Regulation in the U.S. Human and Ecological Risk Assessment 6, 459 177. 

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