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All talk, little action: precaution and European chemicals regulation 

Authors: Noelle Eckley a; Henrik Selin b
Affiliations:   a Harvard University, Department of Earth and Planetary Sciences, 29 Oxford Street, Cambridge, MA 02138, USA.
b Linkoumlping University and Massachusetts Institute of Technology, Department of Urban Studies and Planning, 77 Massachusetts Avenue, Room 9-316, Cambridge, MA 02139, USA.
DOI: 10.1080/1350176042000164316
Publication Frequency: 8 issues per year
Published in: journal Journal of European Public Policy, Volume 11, Issue 1 February 2004 , pages 78 - 105
Formats available: PDF (English)
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Abstract

The European Union has chosen the precautionary principle as a key guiding principle to achieve more effective policy-making on risks, by moving away from preventive regulation towards more precautionary regulation. Precautionary language has been a part of European Community law for over a decade; however, whether its establishment has had any real effect on European policy-making and regulations is more unclear. This article examines whether the introduction of precautionary language in Community texts has had an effect on the process by which potential risks associated with hazardous chemicals are managed. The article focuses on the two cases of polychlorinated biphenyls (PCBs) and brominated flame retardants (BFRs), and covers the time before, during, and after the Community introduction of the precautionary principle. The article finds that there has been a marked change in the way environmental risks are conceptualized and discussed, but a clear effect in regulatory practice has yet to be seen. Current proposals to revise Community chemicals management, however, contain elements that could enhance precautionary regulation.
Keywords: Brominated flame retardants (BFRs); chemicals; chemicals management; European Union; polychlorinated biphenyls (PCBs); precautionary principle
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