21. Application of the precautionary principle to protection of the health of children and future generations does not necessarily mean stopping an activity. While always taken in the face of acknowledged uncertainties, precautionary actions
can range from informing the public about risks and uncertainties while further study is undertaken to characterize them, to imposing restrictions on potentially harmful activities and phasing out activities where evidence indicates that they might be particularly problematic. One important aspect of precautionary action entails placing responsibility and incentives in ways that stimulate proponents of potentially hazardous activities to understand the risks associated with those activities and to take protective actions. The actions taken in applying precaution can differ from country to country, depending on capacities and the groups at risk, and other economic, social and political factors. The types of precautionary action should be multiple in nature and case-specific, depending on:
x the nature of the risk, its level of uncertainty, magnitude and reversibility;
x who is exposed (for example, disproportionately affected or highly vulnerable communities);
x issues of technological and economic feasibility, benefits, proportionality and non-discrimination;
x preventability of the risk;
x social values.
22. Precautionary actions ultimately aim at continuously reducing and if possible removing exposures to potentially harmful substances, activities and other conditions. If progress is to be made in this direction the following goals should be pursued: 1) encourage the substitution of dangerous substances and activities by less dangerous substances or technologies where suitable alternatives are available; 2) improve production processes, products and human activities so as to minimize significant adverse effects to health and the environment, for example through the use of integrated pest management strategies, land use planning, and life-cycle analysis; 3) establish public health goals for protecting and restoring human and ecosystem health; 4) provide information and education to citizens to promote empowerment and accountability;
5) integrate precautionary considerations in the research agenda to make possible rapid interventions to prevent damage to health; and 6) minimize, so far as possible, unintended adverse consequences that may be caused by precautionary actions.
Conclusions
23. In conclusion, applying precaution in the context of protecting the health of children and future generations and achieving sustainable development should be a continuous, iterative process of seeking out sustainable ways of reducing the adverse impacts of economic activity on public health. The precautionary principle needs to remain an important risk management tool, as defined by the European Commission, to encourage protective actions when risks cannot be thoroughly quantified on a scientific basis. The proposed approach builds on the European Commission’s communication by incorporating recent developments in application of the precautionary principle, considering the needs of the entire WHO European Region and focusing on establishing a set of considerations designed to stimulate effective decision-making to protect the health of children and future generations in the face of uncertainty. Such an approach is also important for protecting adults and ecosystems from the adverse effects of human activities. It is an evolving approach, for which communication between Member States in sharing research results, lessons learned from applying the framework, and scientific and technological best practices will ensure its improvement over time. It requires institutional development to improve transparency, apply new scientific tools and assess alternatives.
24. Implementing precautionary actions that are cost-effective (i.e. least costly to achieve a particular goal) and that have synergistic impacts (addressing several risks at once) can often result in a “win-win” situation for the policy-maker and the public at large. This requires incentives and support for research, development and innovation in safer and cleaner technologies and human activities that can help avoid risks in the first place and restore health and ecosystems. A proactive approach to precaution, directed towards creating the conditions for sustainability and health rather than simply responding to problems after they have occurred, is invaluable as we strive for
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a world that protects children and future generations, as well as adults and the ecosystems on which we depend, without compromising science, economic development or innovation.
References
Commission of the European Communities, Communication f om the Commission on the precautionary principle. Brussels, 2000 (COM(2000) 1).
Late lessons f om early warnings: the precautionary p inciple 1896–2000. Luxembourg, EEA, Office for Official Publications of the European Communities, 2001 (Environmental issue report No. 22).
Secretariat of the Convention on Biological Diversity, Cartagena Pro ocol on Biosafety to the Convention on Biological Diversity. Montreal, 2000.
UNEP, Sto kholm Convention on Persistent Organic Pollutants. Nairobi, 2001.
Andrew Jordan & Timothy O’Riordan
Introduction
This chapter outlines the legal and policy history of the precautionary principle and discusses its current status in national and international (environmental) policy. We briefly summarize the origins of the principle as it emerged in Germany and then examine its metamorphosis into a legal norm of European Union (EU) and international environmental policy-making. We then analyse in more detail the development of precautionary thinking in the EU throughout the 1990s, focusing on the sharpening trade conflicts with the United States. We pay particular attention to a communication issued by the European Commission in 2000 to inform the EU’s discussions with its trading partners.
At the time of writing, this communication represents the most succinct distillation of the EU’s thoughts on the practical meaning of precaution.