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• - Cases from Regulation 793/93 (now repealed):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