The precautionary principle in action

Transcription

1 The precautionary principle in action Dr Hans Bruyninckx EEA Executive Director PPTOX Conference Boston, 29 th October 2014

2 The European Environment Agency 1994, Copenhagen Independent information provider 33 member countries Not a funding body. No role in proposing new legislation, nor in compliance/sanctioning Annual budget of approximately 50 million. 217 staff members; 200 institutions; 2000 experts

3 The Precautionary Principle: a legal obligation Union 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 Union. 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. Lisbon Treaty, article 191

4 The EEA definition of the Precautionary Principle The Precautionary Principle provides justification for public policy actions in situations of scientific complexity, uncertainty and ignorance, where there may be a need to act in order to avoid, or reduce, potentially serious or irreversible threats to health or the environment, using an appropriate strength of scientific evidence, taking into account the likely pros and cons of action and inaction. EEA, Late lessons from early warnings: science, precaution and innovation, p649, 2013.

5 The Precautionary Principle: two roles As a legal and moral justification for more timely actions on early warnings about potential hazards As a trigger for debates on future innovation pathways in a water, energy and resource-constrained world (EEA, Late lessons from early warnings, 2013)

6 The EEA and Late Lessons from Early Warnings 34 case studies across two volumes Volume 1: 2001 Volume 2: 2013

7 34 case studies across two volumes Environmental Chemicals PCBs CFCs TBT antifoulants Mercury Environmental Tobacco Perchlorethylene Booster biocides DBCP DDT Vinyl chloride Bisphenol A Ecosystems Ecosystems resilience Great Lakes pollution Acid rain Bee decline, France Invasive alien species Floods Climate change Transport fuel additives Benzene MBTE Lead Micro technologies Nano GMOs Animal feed additives BSE, mad cow disease Beef hormones Antibiotics Asbestos Pharmaceuticals Contraceptive pill DES Radiations X-rays Mobiles phones Nuclear accidents

8 Some features of precautionary action The harm of pollution is always worse than originally feared (leaded petrol, asbestos, mercury, PCBs, BSE, CFCs, DDT, DBCP, acid rain, climate change, tobacco). Estimates of costs of action are always exaggerated: vinyl chloride: from $90b and 2 million jobs to actual costs of $278m. Absence of precautionary action often encourages continuation of inefficient economic activities. Causality is complex, non-linear. The few cases of false positives show that precautionary action helped stimulate innovation. The risks of acting early are thus reduced.

9 The 7th EAP: a long-term vision of sustainability In 2050, we live well, within the planet's ecological limits. Our prosperity and healthy environment stem from an innovative, circular economy where nothing is wasted and where natural resources are managed sustainably, and biodiversity is protected, valued and restored in ways that enhance our society's resilience. Our low-carbon growth has long been decoupled from resource use, setting the pace for a global, safe and sustainable society. Source: 7th Environmental Action Programme Other EU policies offer similar perspectives: Europe 2020 Strategy, EU Energy Roadmap 2050, Roadmap to a Resource Efficient Europe, Roadmap for a competitive low-carbon economy in 2050, etc.

10 The Precautionary Principle and 2050

11 Why? The twin challenge Within environ mental limits UNEP GEO5 good life

12 Moving beyond the logic of incremental change

13 Transition to a sustainable future

14 Legislation supports the global race to the top Legislation export gives European businesses a head start in global markets. Environmental policy is regarded in some quarters as Europe s most successful foreign policy. The EURO emission standards and REACH legislation are examples of European regulation export. This spreads higher environmental standards around the world.

15 The Precautionary Principle and EU policy The Waste Electrical and Electronic Equipment Directive The REACH Directive The Restriction of Hazardous Substances Directive

16 Eco-innovation and competitiveness are compatible Finland, Germany and Sweden are highly competitive, and leaders in eco-innovation Global Competitiveness Index Eco-Innovation Index 2012

17 Well-designed regulation stimulates innovation The Late Lessons evidence is supported by other evidence of how well-designed regulations and taxes can stimulate innovation, as illustrated by Ashford, Porter and others.

18 Global trade: supporting the precautionary principle? Asbestos In 1997, France banned asbestos, a decision that was challenged by Canada at the WTO. The WTO found in favour of France, deeming asbestos a carcinogen. The WTO also held that a country can take precautionary action on a lower standard of evidence: the view of a qualified minority of scientists is sufficient. Source Flickr: Adam Cohn

19 Global trade: a blow to the precautionary principle? Beef hormones An EU ban on cattle containing hormones was challenged by the US and Canada in the WTO. The WTO found in favour of the US and Canada in Source Flickr: CameliaTWU

20 The Precautionary Principle in the future Producer responsibility Foreign Direct Liability(?) Responsible Innovation

21 Thank you