INTERNATIONAL
COUNCIL OF
CHEMICAL
ASSOCIATIONS
15 August 2000
ICCA COMMENTS ON
THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN
REGULATORY DECISION-MAKING
BACKGROUND
This document sets out principles intended for use by ICCA members as a basis for
ongoing international discussions concerning the precautionary principle. The ICCA
principles are intended to assure that the precautionary principle is implemented in a
consistent and transparent manner. The ICCA principles are based on three fundamental
goals:
1. Integrate Responsible Care and the precautionary principle into the industry's
international advocacy;
2. Maintain a risk-based, science-justified approach in future government decision
making processes;
3. Ensure openness, transparency and industry participation in future activities
relating to the development, use and communication of the precautionary
principle.
THE PRECAUTIONARY PRINCIPLE
The precautionary principle articulates an approach to risk management in circumstances
of scientific uncertainty, reflecting the need to take prudent action in the face of
potentially serious risks without having to await the completion of further scientific
research. The most broadly accepted definition of the precautionary principle is Principle
#15 of the June, 1992, Declaration of the Rio Conference on Environment and
Development:
"In order to protect the environment, the precautionary
approach shall be widely applied by States according to
their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall
not be used as a reason for postponing cost-effective
measures to prevent environmental degradation."
The precautionary principle has been incorporated by reference into several international
instruments.
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While the chemical industry firmly believes that risks from its products are effectively
managed through Responsible CareÒ and existing domestic and international regulatory
systems, that belief is challenged by some who argue that a risk-based system is
inconsistent with the precautionary principle.
Indeed, industry today faces the prospect of having some chemicals, chemical groups,
and entire technologies banned or strictly controlled as a result of government decisions
that seem to apply the precautionary principle in a way that disregards important science
and allows risk management decisions to be made on the basis of hazard, or intrinsic
properties such as persistence or bio-accumulation alone. The principle should offer
guidance to lawmakers. However, the principle does not override established law. It is
important to recognize that the principle does not replace substantive law as a basis for
action.
Moreover, whatever the basis for action, decisions applying the principle are subject to
legal redress and accountability. The ICCA principles are intended as a response to
these pressures and to serve as a common ground for industry's advocacy on the
precautionary principle.
PRECAUTION IN THE CHEMICAL INDUSTRY
The chemical industry as a matter of common practice takes precautionary actions to
ensure the safe production, management, and use of their products. Under the
Responsible Care initiative, for example, the chemical industry has committed to
continuous improvement in health, safety and environmental protection -- a commitment
that is grounded in precaution. In addition, the industry's considerable research efforts,
assessments of risks, and compilation of test data are an example of how the industry
implements the precautionary principle.
These efforts are precautionary because they rely on well-accepted tools -- such as
conservative assumptions and margins of safety -- to address the problems scientific
uncertainties may create. ICCA believes that risks can and should be scientifically
assessed. If full scientific certainty is not available, interim management actions may be
necessary to address significant risks.
THE ICCA PRINCIPLES
FIRST PRINCIPLE:
Implementation of the precautionary principle should start with an
objective risk assessment identifying at each relevant stage the degree
of scientific uncertainty. Risk assessments should be based on actual
data, where possible. When data is not available, appropriate models
and assumptions should be used.
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ICCA believes that risk assessment is fundamental to the identification
and management of health and environmental risks. Risk assessment is
entirely consistent with the application of the precautionary principle.
Indeed, the precautionary principle cannot be applied without a risk
assessment. The precautionary principle applies only when there is a "lack
of full scientific certainty" regarding the degree of risk, not where there is
an absence of any scientific knowledge.
SECOND PRINCIPLE:
The risk assessment process that supports application of the
precautionary principle should generally include an independent,
balanced and transparent scientific peer review process, with the
extent to which this is done depending on the importance and novelty
of the issue.
Peer review and transparency are two fundamental elements of the risk
assessment process. Both are important to providing balanced scientific
input in situations involving particularly difficult or novel hazards,
exposures and/or risks.
THIRD PRINCIPLE:
The precautionary principle should apply when an objective risk
assessment demonstrates that reasonable evidence exists of "threats of
serious or irreversible damage to health or the environment".
The precautionary principle does not apply to theoretical risks based on
vague statements of hazard. It applies to serious or irreversible risks
identified pursuant to a risk assessment.
FOURTH PRINCIPLE:
Where the precautionary principle is applied, risk reduction measures
should be targeted as precisely as possible at the specific issue or
concern (e.g. specific chemical and specific application), using existing
and reasonably obtainable scientific knowledge.
FIFTH PRINCIPLE:
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Measures based on the Precautionary Principle must be proportionate
to the risk that is to be limited or eliminated; the degree of
uncertainty there is about that risk; and how the measure will address
it.
The approach outlined in principles 4 and 5 is consistent with how many
domestic and international programs are currently administered, namely to
encourage taking the least restrictive measures sufficient to achieve
necessary progress.
SIXTH PRINCIPLE:
Measures based on the precautionary principle must include
recognition of the costs and benefits and other advantages and
disadvantages with an eye to taking measures that are acceptable.
Principles 5 and 6 are consistent with the wording of the precautionary
principle that "cost-effective measures" be applied.
SEVENTH PRINCIPLE:
Affected parties should be involved in the decisions to study the
various management options that may be envisioned once the results
of the risk assessment are available, and the procedure should be as
transparent as possible.
All stakeholders must be fully involved in decisions relating to the
proposed use of the precautionary principle, in order to fully implement
the spirit and intent of the Rio Declaration. The results of risk assessments
should be communicated in a way that provides useful information,
including where appropriate an estimate of the risk(s) and information
about the data on which the assessment was conducted.
EIGHTH PRINCIPLE:
The precautionary principle must not be applied in a manner that
unreasonably delays efforts to prioritize future regulatory actions or
to implement appropriate risk management decisions.
As noted earlier, risk assessments and stakeholder involvement are
fundamental to the correct application of the precautionary principle.
However, the correct application of the precautionary principle should not
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result in unreasonable delays in making regulatory decisions or applying
appropriate risk management decisions.
NINTH PRINCIPLE:
Measures based on the Precautionary Principle generally should be
provisional in nature, and reviewed as new information becomes
available.
If the data on which the measures are based are inadequate, imprecise or
inconclusive, newly developed information may suggest different risk
management measures. In some cases risk management measures will be
based on more precise or conclusive data, and may not necessarily be
provisional in nature.
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