31 January ecoglobe [yinyang] news 2000

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The Struggle for a wider use of the Precautionary Principle in EU

Newly released EEB position and Greenpeace warning
By Mette Boye, The Danish Ecological Council

"The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity of the environment to cope with the increasing demands placed upon it. The principle has the potential to be a forceful decision-making norm." (Cf. Environmental and Planning Law Journal 14 (1), Warwick Gullet, 1999)

On December 14, 1999 the European Environmental Bureau (EEB) released an official position on the precautionary principle. The position was published in contribution to the drafting of a Commission's communication on the Precautionary Principle.The EEB has strongly criticised the non-democratic process, which has been followed, by stating: "The Commission has not consulted or officially informed stakeholders about the content and the scope of this planned paper. This raises concern, that an intransparent and non-participatory process might end up in restrictions for using the principle." (www.eeb.org/press)

According to the EEB, the precautionary principle justifies early action in the case of uncertainty and ignorance in order to prevent potential harm. In the implementation of the principle it is acknowledged that late action may cause greater burdens for society than early proportionate measures based upon reasonable suspicion. The use of the precautionary principle should therefore be encouraged and not restricted.

In the EEB position paper a number of positive ways of implementing the principle is put forward. Among these are:

Early action on the basis of reasonable suspicion of harm Reversal of burden of proof The substitution principle Transparency and democratic decision-making

The full position paper can be found at http://www.eeb.org/publication/eeb_position_on_the_precautionar.htm

For more information please contact: Dr. Christian Hey, EU Policy Director at the EEB, Tel.: +32 2 289 10 93 or christian.hey@eeb.org

Greenpeace warning

In a letter addressed to all EU commissioners in the middle of January 2000, Greenpeace predicted that the European Commission will "undermine the very meaning and purpose" of the precautionary principle when it issues a policy statement on the issue in February 2000. Greenpeace fears that the Commission will publish operational rules for using the principle that "almost entirely match those set by CEFIC [European Chemical Industry Council]".

On chemicals, a key area where the EU will apply the principle, Greenpeace says that assessment of existing chemicals has been completely paralysed by its reliance on risk assessment. If the coming Community strategy on chemicals maintains the requirement for risk assessment before action can be taken, Greenpeace states that the precautionary principle is prevented from performing the function for which it was formulated.

As the EEB, Greenpeace strongly criticises the Commission over a lack of transparency in preparing the precautionary paper. Environmental groups have not been consulted in the process and the Commission has moreover denied unveiling any information, Greenpeace says.

For more information: Greenpeace EU-Unit: //www.greenpeace.org The European Commission: //europa.eu.int/comm ENDS Daily 14/01/00 CEFIC position paper on the precautionary principle: www.cefic.be/position/sec/pp_sec.23.htm

[Source: "Biotech Activists" biotech_activists@iatp.org Mon, 31 Jan 2000 13:53:08 "Joel Tickner" Joel_Tickner@uml.edu Issue # 4, January 31th 2000]
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31 January ecoglobe [yinyang] news 2000

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