The chemical industry subscribes to the Precautionary Principle as an important policy guidance in environment matters. The interpretation of the Precautionary Principle must be worked out in accordance with the idea of sustainable development. It must not lead to paralysis.

The Precautionary Principle has to deal with situations where science and technology cannot provide a full response to issues, leaving a degree of uncertainty in terms of the effects of certain activities, technologies and products.

CEFIC supports the Preacautionary Principle as stated in Article 130r of the EU Treaty and within the context of the various paragraphs of this Article.

CEFIC calls for a reasonable, balanced, proportionate and science-based understanding of the principle as a guide to law-making and policy development. The Chemical Industry initiative, Responsible Care which is a separate voluntary commitment of the chemical industry is in harmony with this approach.

In recent years, a growing number of international instruments have been referring to new policy principles which reflect today's sensitivities, especially in the environmental area.

The Precautionary Principle is one of these principles, actively referred to in declarations like the Rio Convention but also in other, more specific, international conventions (such as marine pollution conventions) and in the Treaty of the European Communities as amended by the Maastricht Treaty(Art. 130r.2) . The Principle has also been explicitly referred to in new draft EU legislation, as for instance in the proposed Directive on drinking water.

CEFIC supports the emerging case law which rules that, as stated in Article 130r.2of the EU Treaty, the Precautionary Principle is not capable of having direct effect in the laws of the Member States. It is rather a guiding principle for the law-makers and best fulfils its important function as guidance.

No single definition of the Precautionary Principle has prevailed and interpretations vary. However, the general idea could, indicatively, be expressed as follows : where there are sufficient grounds for believing that an activity or a product is likely to cause threat of serious and irreversible damage to health or the environment, measures must be taken for example to reduce or to prevent that activity or that product even if there is no fully conclusive evidence of a causal link between that activity or product and the feared consequences.

This very broad principle has led to different interpretations ranging from those based on irrational fear to science/technology-based approaches.

Given these developments, the Chemical Industry considers it important to clarify the understanding within the industry and contribute to the discussions.

The Precautionary Principle deals with situations where science and technology cannot yet provide a full response to issues, leaving a degree of uncertainty in terms of the effects of certain activities, technologies and products (whilst bearing in mind that "absolute certainty" of anything is impossible by definition, some degree of uncertainty always prevails).

CEFIC therefore suggests that a positive, scientific approach to the Precautionary Principle, as specified in Article 130r.3 of EC Treaty should guide policy and law-makers.

This approach could be structured around the following elements :

• The Precautionary Principle is to apply where a significant threshold of plausibility and gravity is reached. There must be a sufficient body of evidence which establishes that serious and irreversible damage to health or the environment could be caused by the challenged activity or product.

• Assuming that the above test is met, it is necessary to proceed with a cost-benefit analysis of the challenged activity and of the abstention or substitution which would follow the application of the Precautionary Principle. All consequences - economic and social as well as environmental - must be weighed in the light of existing scientific knowledge.

• As the Precautionary Principle may restrict freedom of citizens, of enterprises, of consumers and of economic agents in general, and may potentially encroach upon fundamental freedoms guaranteed under the EU Treaty, any legislation or decision embodying or implementing the principle is to be subjected to close scrutiny and its motives spelled out in order to conform to Article 190 of the EU Treaty. Such decisions are subject to judicial review.

• The principle of proportionality must then be applied, i.e. restrictive measures are to be taken only if it is established that other measures less restrictive of these freedoms cannot achieve a similar result for the protection of health, safety and the environment.

• Substitution of one activity or product by another may be considered on the basis of the Precautionary Principle only when all conditions below are met :
  - the substitute has a comparable function or effectiveness ;
  - risk assessment and risk benefit analyses are performed and compared for the original activity or product and the alternative proposed (Adequate and comparative documentary evidence should always be provided) ;
  - the economic impact is proportionate to the environmental benefit ;
  - a less dangerous product is actually available on the market ;
  - the substitute is not likely to cause an equally or more burdensome effect on Health, Safety and Environment ;
  - a comparative life-cycle analysis has been made, taking into account functions and circumstances surrounding the activities and/or products.

Article 130r.1 : "Community policy on the environment shall contribute to pursuit of the following objectives : preserving, protecting, and improving the quality of the environment ; protecting human health ; prudent and rational utilisation of natural resources ; promoting measures at international level to deal with regional or worldwide environmental problems." Article 130r.2 : "Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Environmental protection requirements must be integrated into the definition and implementation of other Community policies." Back to the document

R.v. Secretary of State for Trade and Industry ex parte Duddridge and Others, High Court, Monday 3 October 1994, confirming the European Court of Justice's decision in the Peralta Case, C-379/92, 14 July 1994. Back to the document

Article 130r.3 : "In preparing its policy on the environment, the Community shall take into account of: available scientific and technical data; environmental conditions in the various regions of the Community; the potential benefits and costs of action or lack of action; the economic and social development of the Community as a whole and the balanced development of its regions." Back to the document

15 February 1995