The Role of the Precautionary Principle in EU Risk Regulation

Inhaltsverzeichnis (Table of Contents)

• Introduction
• I. The Precautionary Principle
  • A. Approaching the PP's Meanings
    • 1. The Rio Declaration
    • 2. The Communication from the Commission on the PP
    • 3. Synthesis of Common Elements
      • a) Scope
      • b) Goal
      • c) Trigger Conditions
      • d) Measures
      • e) Legal Status
  • B. Debates
    • 1. The PP Stifles Innovation and is thus Bad for Economy and Social Welfare
    • 2. The PP Ignores Cost-benefit Ratios and Neglects Risk-risk Trade-offs
      • a) Pre-defined Protection Level versus Traditional Cost-benefit Analysis
      • b) Single-policy and Cross-policy Issues
    • 3. The PP Ignores Sound Science and Invites Biased, Suboptimal Decisions
      • a) Sound Science versus the Perils of Public Risk Perception
      • b) Sound Science versus a Clash of Interests
      • c) The EU's Perspective on the Role of Science
• II. EU Risk Regulation and the Role of the PP
  • A. Origins
  • B. Better Regulation and Structural Changes
  • C. Recent Applications of the PP in EU Policymaking: Case Studies
    • 1. Choice of Cases and Applied Method
    • 2. Case Study I: Neonicotinoids and Dying Honey Bees
      • a) Is there a Pre-defined Protection Level?
      • b) How and by Whom Has the PP Been Triggered?
      • c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
      • d) Did Allegations as those Introduced in the Section about Debates Arise?
    • 3. Case Study II: Bisphenol A (BPA)
      • a) Is there a Pre-defined Protection Level?
      • b) How and by Whom Has the PP Been Triggered?
      • c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
      • d) Did Allegations as those Introduced in the Section about Debates Arise?
    • 4. Case Study III: Antimicrobial Resistance
      • a) Is there a Pre-defined Protection Level?
      • b) How and by Whom Has the PP Been Triggered?
      • c) Do Adopted Measures Meet the Criteria Stated in the COM(2000) 1?
      • d) Did Allegations as those Introduced in the Section about Debates Arise?
• III. Discussion and Recommendations
  • A. The Debates (Will) Go On
  • B. Recommendations
    • 1. The Commission Would Do Well to Become More Authentic
    • 2. Improving Transparency Would Bring Many Benefits
    • 3. Risk Communication Should not be Seen as Separate Risk Analysis Stage
    • 4. Restore Lost Trust in Science
    • 5. Learn From Others and From the Past
• IV. Summary and Conclusions

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This work examines the role of the precautionary principle (PP) in EU risk regulation. The objective is to analyze how the PP has been applied in recent EU policymaking and to discuss the challenges and opportunities associated with its use.

• Meaning and application of the PP in EU law and practice
• Debates surrounding the PP, including its potential impact on innovation, cost-benefit analysis, and the role of science
• Case studies of the PP's application in EU policy areas such as neonicotinoids, bisphenol A, and antimicrobial resistance
• Recommendations for improving the application of the PP in EU risk regulation

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter introduces the precautionary principle, outlining its origins, meanings, and common elements. It also discusses various debates surrounding the principle, addressing concerns such as its potential to stifle innovation, ignore cost-benefit analyses, and undermine the role of science.
Chapter two examines EU risk regulation and the role of the PP within this framework. It traces the origins of EU risk regulation and explores the evolution of the PP as a core principle. This chapter also delves into recent applications of the PP in EU policymaking, offering in-depth case studies of neonicotinoids, bisphenol A, and antimicrobial resistance.
The third chapter discusses the ongoing debates surrounding the PP and offers recommendations for improving its application in EU risk regulation. The focus is on promoting transparency, enhancing risk communication, restoring trust in science, and learning from past experiences.

Schlüsselwörter (Keywords)

The central keywords of this work are: precautionary principle, risk regulation, EU law, innovation, cost-benefit analysis, science, risk communication, case studies, neonicotinoids, bisphenol A, antimicrobial resistance. The text examines the application of the precautionary principle in EU risk regulation through the lens of these key topics.