REACH regulation in the light of precautionary principle
DOI:
https://doi.org/10.12775/PPOS.2014.020Keywords
Precaution, REACH regulation, chemicals, risk managementAbstract
The paper concerns the REACH regulation as a response to broad presence of chemicals in our lives and their impact on human health and the environment. REACH is presented in the light of the precautionary principle in order to answer the question to what extent the regulation, whose solutions were intended to be an expression of the concept, really applies. The precautionary concept is used for the management of chemicals if, despite the existence of credible scientific evidence concerning the harmful effects of substances on human health and the environment, there is still no scientific certainty as to the nature and size of the damage that may be caused. There are elements of the regulation which reflect the precautionary concept including the shifting of responsibility for the assessing the harmfulness of a substance from public authorities to manufacturers or a measure according to which there is the need to search for alternative solutions, as well as the authorisation procedure. Precaution is also the measure of risk management – it always applies when the risk reaches unacceptable levels. However, in the literature there are some doubts concerning the realization of the concept by the REACH regulation. What affects the position is the doubt, when the precaution should be the basis of activities undertaken in accordance with the regulation.References
Assmuth T., Hildén M., Craye M., Beyond REACH: Roadblocks and shortcuts en route to integrated risk assessment and management of chemicals, Science of the Total Environment 2010, nr 408.
Bester K., Scholes L., Wahlberg C.S., McArdell C., Sources and mass flows of xenobiotics in urban water cycles - an overview on current knowledge and data gaps, “Water Air & Soil Pollution” 2008, nr 8.
Fromberg A., Cleemann M., Carlsen L., Review on persistent organic pollutants in the environment of Greenland and Faroe Islands, “Chemosphere” 1999, nr 38.
Kramer L. , EC Environmental Law, Sweet & Maxwell 2011.
Kenig-Wit¬kowska M. M. , Międzynarodowe prawo środowiska, przepisy z wprowadzeniem, Warszawa 2009;
Karlsson M., Science and norms in policies for sustainable development: Assessing and managing risks of chemical substances and genetically modified organisms in the European Union, “Regulatory Toxicology and Pharmacology” 2006, nr 44,
Koch L., Ashford N., Rethinking the role of information in chemicals policy: implications for TSCA and REACH, “Journal of Cleaner Production” 2006, nr 14;
Lee J., Brandt Pedersen A., Thomson M. , Framework for combining REACH and national regulations to obtain equal protection levels of human health and the environment in different countries, Comparative study of Denmark and Korea, “Journal of Environmental Management” 2013, nr 125, s. 106;
van Leeuwen C.J., Vermeire T. G. , (red.), Risk Assessment of Chemicals: An Introduction. Springer, Holandia 2007;
Loewenberg S., US chemical companies leave their mark on EU law, “Lancet” 2006, nr 367 (9510);
Logomasini A., Europe's global REACH: costly for the world; suicidal for Europe, Institute Hayek, Bruksela, listopad 2005
Pesendorfer D., EU environmental policy under pressure: chemicals policy change between antagonistic goals? Environmental Politics 2006, nr15 (1).
Rockström J., A safe operating space for humanity, “Nature” 2009, nr 461,
Sandin P., A Paradox Out of Context: Harris and Holm on the Precautionary Principle, „Cambridge Quarterly of Healthcare Ethics” 2006, nr 15.
Foss Hansen S., Carlsen L., Tickner J. A., Chemicals regulation and precaution: does REACH really incorporate the precautionary principle, “Environmental Science & Policy” 2007, nr 10.
Zander J. , The Application of the Precautionary Principle in Practice, Comparative Dimension, Cambridge University Press, Wielka Brytania, 2010.
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