A life cycle approach to regulating risks to the environment and public health

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1 A life cycle approach to regulating risks to the environment and public health Rosalind Malcolm Professor of Law School of Law University of Surrey UK

2 Using a life cycle approach Identify risks Consider life cycle Cradle to grave Take horizontal approach to product regulation

3 Integrated product policy Green Paper on Integrated Product Policy (COM(2001) 68 final); and, Communication on integrated product policy: building on environmental life-cycle thinking (COM(2003) 302 final).

4 Current regulatory frameworks Health and safety law (working with the product the workers) Operators licences (processing (mining/quarrying) the product/materials the environment) Product safety regulation (using the product the consumer) Waste management law (disposing of the product)

5 Target points for vertical laws The laboratory The factory The shop The home / office The landfill site

6 The vertical approach Research and development Manufacture Retail Use phase Disposal phase Transport

7 Taking a horizontal approach The life of the product from cradle to grave

8 EC Communication on IPP European Commission to identify and stimulate action on products with the greatest potential for environmental improvement.

9 EC Communication on IPP Three phases: 1. research to identify the products with the greatest environmental impact from a life cycle perspective; 2. identification of possible ways to reduce the life cycle environmental impacts of some of the products with the greatest environmental impact; 3. European Commission to address policy measures for the products that are identified as having the greatest potential for environmental improvement at least socioeconomic cost.

10 EC Communication on IPP Phase 1 (May 2006) Food and drink (meat) Housing (buildings) Private transportation (cars)

11 Cars Responsible for 20 30% of impact from private consumption in EU Design of cars Fuel chain Driver behaviour Global warming Generation of solid waste Acidification Energy consumption Quantification of costs

12 Action in the UK Defra Sustainable consumption and production (Advisory committee) Development of policy for individual product lines

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14 Sustainable clothing action plan Improving environmental performance across the supply chain, including: sustainable design; fibres and fabrics; maximising reuse, recycling and end of life management; and clothes cleaning. Awareness, media, education and networks for the sustainability of clothes. Promoting markets for sustainable clothing. Improving traceability along the supply chain (environmental, ethical, and trade).

15 Clothing This action plan represents a concerted effort from the fashion industry, including top names in the high street and manufacturers to change the face of fashion. Retailers have a big role to play in ensuring fashion is sustainable. We should all be able to walk into a shop and feel that the clothes we buy have been produced without damaging the environment or using poor labour practices, and that we will be able to reuse and recycle them when we no longer want them. I m delighted that so many fashion companies have signed up to the sustainable clothing action plan and I look forward to seeing these actions come to fruition. Lord Philip Hunt, Minister for Sustainability

16 UK Defra plan Ten product roadmaps to reduce the environmental and social impacts across the life cycle of a range of priority products

17 Integrated product policy 3 models: REACH Environmental Impact Assessment (EIA) Product safety

18 Models for IPP REACH (Regulation 1907/2006) May not manufacture, place on market, use substances which adversely affect human health or the environment

19 Models for IPP Environmental impact assessment (EC Directive 85/337) Whereas development consent for public and private projects which are likely to have significant effects on the environment should be granted only after prior assessment of the likely significant environmental effects of these projects has been carried out

20 Models for IPP Product safety (General Product Safety EC Directive 2001/95) Risk assessment basis for product legislation

21 A tool-box? Green procurement Patents Voluntary standards Economic incentives Labelling Traceability

22 Reflective approach IPP is a procedure Lack of substantive challenge But Procedures are reflective, self-educational

23 Procedural laws the problems But Where risk certain then need prescriptive action And The problem of self-regulation

24 Risk: prevention and precaution Known risk? Preventive principle Uncertain risk? Precautionary principle

25 The EU on the environment EC Treaty, Article 174(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.

26 The EU on consumer protection EC Treaty, Article 129a, 1. The Community shall contribute to the attainment of a high level of consumer protection through: (b) specific action which supports and supplements the policy pursued by the Member States to protect the health, safety and economic interests of consumers and to provide adequate information to consumers.

27 Proportionality Requires cost-benefit-analysis / risk assessment / balance free trade with environmental integration

28 Could IPP be applied to nanoproducts? Life cycle approach Risk assessment Precautionary principle

29 Using IPP to deal with regulatory gaps New technology (e.g. nano) Are there gaps? Is new regulation required? What are the risks? Do we need a law(s) for nanotechnology?

30 Identifying the gaps Scientific knowledge New legislation or adapt existing legislation? New codes/guidance? New international standards? Ethics? (Remember GMOs)

31 Regulatory challenges Preserve and promote benefits Protect from harm

32 Conclusions A horizontal approach to the assessment of the impacts of products and processes on humans and the environment led by science ( except where the precautionary principle applies?