01-TS
Agenda item 7
Chemical Safety for Sustainable Development
IFCS/FORUM-V/01-TS
Original: English
15 May 2006
FORUM V
Fifth Session
of the
Intergovernmental Forum on Chemical Safety
Budapest, Hungary
25 - 29 September 2006
************************************
THOUGHT STARTER:
FORUM V PLENARY OPEN INFORMATION/DISCUSSION SESSION ON
TOOLS AND APPROACHES FOR APPLYING PRECAUTION
IN THE CONTEXT OF CHEMICALS SAFETY
Prepared by: Forum Standing Committee
Secretariat: c/o World Health Organization, 20 Avenue Appia, CH-1211 Geneva 27, Switzerland
Tel: +41 (22) 791 3873/3650; Fax: +41 (22) 791 4875; Email: ifcs@who.int; Website: www.ifcs.ch
THOUGHT STARTER
IFCS
Intergovernmental Forum on Chemical Safety
Fifth Session - Forum V
25 - 29 September 2006
IFCS/Forum-V/01-TS
There is a need for an open discussion about tools and approaches for applying
precaution in the context of chemicals safety. A Forum V Plenary Open
Information/Discussion Session has been organized to advance open dialogue and
understanding about how precaution is applied in practice with regards to chemical
safety to protect health and environment and implementation of goals identified in
IFCS declarations and recommendations and the SAICM Overarching Policy
Strategy (OPS). Through a series of practical case examples, it will explore tools and
approaches for applying precaution in chemical safety decision-making as well as
commonalities and differences in these approaches.
This Thought Starter paper presents the rationale, objectives and organization of the
session.
Intergovernmental Forum on Chemical Safety
Fifth Session - Forum V
25 - 29 September 2006
IFCS/Forum-V/01-TS
Background
At a national level, precaution – or taking preventive action in the face of uncertain risks – is well
known and applied domestically by many countries in various approaches to chemicals management
decision-making. At the international level, however, the concept of precaution (and its application)
has often led to controversy since its initial incorporation into the North Sea Conferences in the late
1980s1 and its global inclusion in the 1992 Rio Declaration of the UN Conference on Environment
and Development2. Recent controversies surrounding application of Rio Principle 15 in the Strategic
Approach to International Chemicals Management (SAICM) 3 indicate, that despite inclusion of
precaution in numerous treaties and statements and efforts to characterize its application, there is a
continued need to improve understandings regarding the differences in domestic chemicals regulation
and how decisions are made under conditions of uncertainty (how precaution is applied). The notion
of precaution is often implicitly incorporated into decision-making processes, though not named as
such. It is beneficial to governments and other stakeholders to work towards an understanding of how
precaution is and can be implemented more clearly and effectively in the context of chemicals
management activities and the tools and approaches for doing so. A discussion of positive case
examples can help to broaden understanding of current applications of precaution and differences in
approaches to decision-making under uncertainty.
Since the 1992 Rio Declaration, a number of countries and forums have sought to provide guidance
on approaches to decision making in the face of scientific uncertainty and application of the
precaution in chemicals management. These have occurred through a wide range of national,
regional and international forums such as the WSSD 4 , the World Trade Organization, the WHO
through its European Ministerial Conferences on Health and Environment 5, UNEP6, the European
Environment Agency 7 , European Commission 8 , and the Canadian 9 , Austrian 10 and Swiss 11
governments. Other discussions have occurred in academic circles 12. Other efforts, not explicitly
mentioning precaution, have focused on conservative risk assessment processes to protect vulnerable
populations and efforts to promote safer chemistry.13 Some of these efforts have raised questions as to
how best to make decisions aimed at protecting health and ecosystems under conditions of
uncertainty, while stimulating innovation in science, technology and policy.
In the context of the Intergovernmental Forum on Chemical Safety there are several affirmations for
applying Principle 15 of the Rio Declaration, including the Bahia Declaration14 of Forum III adopted
by acclamation in which governments, international organizations, and non-governmental
organizations from industry, public interest groups, and groups concerned with scientific and labour
interest:
“Reaffirm our commitment to the Rio Declaration on Environment and
Development including the principles on sustainable development, capacity building,
access to information and the precautionary approach”.
The associated Priorities for Action beyond 200015 were unanimously adopted and state that
“Control of chemicals and pollution control initiatives should be closely integrated and the
precautionary approach, as outlined in principle 15 of the Rio Declaration, should be
applied 16 . The full range of risk reduction options should be considered, including
encouraging, in particular, replacing more dangerous chemicals with less dangerous ones or
using alternative processes.”
Forum IV advanced this affirmation of acting under conditions of uncertainty with respect to the
protection of children from chemical risks stating that “Governments and stakeholders should commit
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Intergovernmental Forum on Chemical Safety
Fifth Session - Forum V
25 - 29 September 2006
IFCS/Forum-V/01-TS
to sharing information on options for taking effective action to protect children from established
chemical threats and from chemical risks where there is a degree of uncertainty.” The WHO recently
held a workshop to discuss how to implement this recommendation.
While the affirmations of and a commitment to precaution and/or acting in the face of uncertainty
exist in many forums, including the IFCS, discussions about how to apply precaution can become
overly involved with legal, trade (including concerns over barriers to trade), and other generally
political considerations that can hinder sharing of concrete tools and approaches for protection of
health and the environment under uncertainty – how precaution can be implemented in practice.
Further, many countries (developing and developed) have noted the lack of clarity as to the concerns
raised by some countries regarding how to apply precaution in particular instances. There is thus a
need for an open discussion about how countries and other actors approach decision-making in the
face of uncertainty to protect health and ecosystems – in other words, how precaution is applied
implicitly or explicitly in practice – the tools and approaches needed. Such an open discussion and
sharing of experiences and approaches can enhance chemicals managements efforts at all levels.
The Open Information/Discussion Plenary Session at Forum V
If we begin with the notion that precaution can be used as a tool to promote health and ecosystem
protective decisions, we can begin to discuss elements of approaches for addressing uncertain
chemical risks. This forward looking, solutions-oriented view of precaution is consistent with its
historical roots in the German Vorsorgeprinzip, policies and judicial decisions in many parts of the
world, international and regional discussions17, as well as much of the recent research and writing on
the application of precaution throughout decision-making processes.
The Forum V Plenary Information/Discussion session will build on recent declarations, examples,
and discussions to advance the often stagnant debates around precaution by avoiding debates over
formulations of precaution, and instead focus on sharing case examples of how precaution is applied
by countries and other stakeholders in various chemicals management activities.
Goals/Objectives
The goal of the discussion is not to determine how countries should interpret or implement precaution
or debate definitions of precaution, but rather to understand experiences in applying precaution in
chemicals safety and to identify tools and approaches that may be useful and applicable to decisionmakers across nations to effect more health and ecosystem protective decisions with regards to
chemicals management. This can allow a more open and fruitful discussion that can provide practical
advice and input to advance chemicals safety efforts particularly at the local level. The use of
precaution recognizes that there are different approaches to decision-making in the face of uncertainty.
The objectives of the Plenary Open Discussion Session are:
1. To advance open dialogue and understanding about how precaution is applied in practice with
regards to chemical safety to protect health and environment and implementation of goals
identified in IFCS declarations and recommendations and the SAICM Overarching Policy
Strategy (OPS).
In this context, an open dialogue will provide an opportunity to increase understanding of
rationales for applying precaution and the basis of the concerns expressed by some countries
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Intergovernmental Forum on Chemical Safety
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regarding discussions in intergovernmental forums on precaution issues.
2. To discuss practical tools and approaches for implementing precaution in chemicals safety
decision-making.
In this context what are some elements of and range of tools for the application of precaution
decision-making in the context of chemicals safety? Such a discussion will include the
different scientific and regulatory capacities of countries as well as the types of chemical
safety concerns such countries face.
3. To discuss the practical experience of individual countries and other stakeholders with
regards to application of precaution in chemical management activities with the goal of
sharing and developing lessons learnt, both positive and negative.
4. To better understand commonalities and differences in tools and approaches for applying
precaution in chemical safety and to discuss benefits, barriers, needs, and opportunities to
help improve chemicals management at a range of levels as well as potential next steps to
achieve this objective.
This will allow for brainstorming obstacles as well as tools and approaches to assist
appropriate incorporation of precaution in decision making. This will also provide an
opportunity to outline what tools and support could be used in countries to appropriately
apply precaution in decision making with regards to chemicals management. Given the short
length of the session, it will also serve to help outline next steps, such as possibly to outline
tools and approaches to assist countries in applying precaution in chemicals safety and
discussions of common understandings and differences.
Plenary Structure
The three hour Forum V Plenary session will consist of a panel of 6 short presentations of 12-15
minutes and the remaining time of facilitated discussion.
The panel presentations will explore different aspects of how countries and stakeholders have applied
precaution in various chemicals management efforts. They will not attempt to define or redefine
precaution and when it applies/doesn’t apply Rather than being statements of policy, the presentations
will provide clear discussion of tools and lessons learned from applying precaution (ie not simply
restating policy). These presentations will be chosen to represent a diversity of stakeholder and
regional initiatives; however, important criteria for selection will include providing good, interesting
examples of lessons learned, including barriers and opportunities and their broader applicability as
well as role informing government decision-making and understanding and learning. Criteria and
guidance for these case examples will be developed to ensure the presentations provide important
critical input to discussion.
Presentations will include:
-
A first presentation to provide an overview on the background and issues surrounding the
application of precaution in chemicals management efforts. It will also present current
international instruments (both voluntary and legally binding) for applying precaution in the
context of chemicals safety and an overview of how countries domestically apply precaution
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Intergovernmental Forum on Chemical Safety
Fifth Session - Forum V
25 - 29 September 2006
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-
IFCS/Forum-V/01-TS
in decision-making under uncertainty. It will also synopsize background information gathered
in preparation for the session.
Presentations from governments on efforts to apply precaution in chemicals management will
be presented – these will include both developed and developing countries, reflect a diversity
of regions and a variety of issues.
A presentation from an innovative industrial effort to implement precautionary approaches to
sustainable chemicals management.
A presentation from an innovative public interest NGO effort to apply precaution in
chemicals safety efforts.
Following these presentations, guided discussion with delegates will occur, with the goal of
identifying some key commonalities and differences in approaches and providing practical next steps
for the future. It is important to note that this discussion with delegates should be interactive, that
general statements should be avoided and that the goal is to develop a better understanding of
different options, commonalities and differences.
The discussion will be guided by a series of questions, including:
1.
What are some of key tools and approaches used by countries in applying precaution in the
context of chemicals safety? What are the most important lessons from efforts to apply precaution to
chemicals management decisions in the face of uncertainty to date (with both positive and negative
outcomes)?
2.
What are some of the similarities and differences in the tools and approaches countries and
other stakeholders have used to apply precaution in the context of chemicals management?
3.
What are some of the barriers and needs of countries for more effectively applying precaution
in improving chemicals management decision-making at a range of levels? And what types of support
are needed to overcome obstacles?
4.
What are some of the concerns and interests regarding application of precaution in the
context of chemicals safety and how can these be best addressed?
To ensure adequate thinking occurs in individual countries before the start of Forum V and thoughtful
discussion at the Forum, an Information Backgrounder Document will be provided to delegates in
advance of Forum V. This Backgrounder Document will summarize information collected on how
countries domestically apply precaution in chemicals management including:


A collection of structured information requested from governments to provide examples of
tools and frameworks for how they have applied precaution in the context of domestic
chemicals safety efforts.
Interviews with selected active members in IFCS about to understand differences in how
precaution is applied and some of the controversies in its application; how they are applying
precaution in chemicals management including tools and approaches and the types of tools
and processes that would support precautionary decision-making in the context of chemicals
management.
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Intergovernmental Forum on Chemical Safety
Fifth Session - Forum V
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IFCS/Forum-V/01-TS
1
http://www.dep.no/md/nsc/
http://www.un.org/esa/sustdev/documents/agenda21/index.htm
3
International Conference on Chemicals Management, Dubai, United Arab Emirates, 4 to 6 February 2006;
http://www.chem.unep.ch/saicm
Over Arching Policy Strategy (adopted) IV.
Objectives
A.
Risk reduction
14.
The objectives of the Strategic Approach with regard to risk reduction are:
(e)
Appropriately to apply the precautionary approach, as set out in Principle 15 of the Rio
Declaration on Environment and Development, while aiming to achieve that chemicals are used or
produced in ways that lead to the minimization of significant adverse effects on human health and the
environment.
4
http://www.johannesburgsummit.org/
5
http://www.euro.who.int/budapest2004
6
For example, through the POPs Convention - http://www.pops.int/
7
http://reports.eea.europa.eu/environmental_issue_report_2001_22/en
8
http://europa.eu.int/comm/environment/docum/20001_en.htm
2
9
http://www.pco-bcp.gc.ca/default.asp?Language=E&Page=publications&Sub=precaution&Doc=precaution_e.htm
10
In November 1999, the Austrian Federal Ministry for Agriculture, Forestry, Environment and Water
Management hosted an international conference on “The Role of Precaution in Chemicals Policy”.
11
The Precautionary Principle in Switzerland and Internationally, Synthesis Paper by the Interdepartment
Working Group on the Precautionary Principle, August 2003 (available June 2006)
http://www.umwelt-schweiz.ch/buwal/eng/fachgebiete/fg_internat/globales/entwicklung/index.html
12
For example the NewS Project in Sweden - http://www.infra.kth.se/fil/news/index.htm
13
See for example US EPA’s Office of Children’s Health Protection http://yosemite.epa.gov/ochp/ochpweb.nsf/content/homepage.htm and Sustainable Futures Program for new
chemical design - http://www.epa.gov/oppt/newchems/pubs/sustainablefutures.htm
14
http://www.who.int/ifcs/documents/forums/forum3/en/index.html
15
http://www.who.int/ifcs/documents/forums/forum3/en/index.html
16
Some countries preferred the word “considered”, the majority of participants adopted the word “applied”.
17
For example, at the 2004 WHO Europe Fourth Ministerial Conference on Environment and Health
(convening ministers of health and environment from the 52 Eastern and Western European countries), there
was significant discussion and support by delegates for a more pragmatic view of how precaution can be
applied to protect children’s health from uncertain environmental risks including how to address issues of
benefits and costs of precautionary actions. The Ministerial Declaration noted the importance of simple steps
such as improving and expanding the range of scientific tools, increasing transparency and participation in
decision-making, and developing and implementing safer and cleaner production.
http://www.euro.who.int/budapest2004
5