EU communications on the precautionary principle
Abstract
Journal of International Economic Law (2000) 545â551 © Oxford University Press ï¥ïµ ï£ï¯ïïïµï®ï©ï£ï¡ï´ï©ï¯ï® ï¯ï® ï´ï¨ï¥ ï°ï²ï¥ï£ï¡ïµï´ï©ï¯ï®ï¡ï²ï¹ ï°ï²ï©ï®ï£ï©ï°ï¬ï¥ * ï©ï®ï´ï²ï¯ï¤ïµï£ï´ï©ï¯ï® On 2 February 2000, the Commission of the European Communities published a communication on the âprecautionary principleâ,1 a term which describes a cautious approach to managing potential threats to the environment, human, animal, or plant health. âPrecautionary principleâ talk is heard when scientiï¬c evidence is inconclusive. There is, according to some scientists, a risk â perhaps unquantiï¬ed, perhaps uncertain, but possible nonetheless. The precautionary principle stands for the proposition that when in doubt, authorities should err on the side of caution when, for example, the health of human beings is at stake â they can, even should, act without waiting for certainty. While there are merits to that approach, the Communication does not place restrictions on the use of the precautionary principle sufï¬cient to avoid protectionist abuses. ï¢ï¡ï£ï«ï§ï²ï¯ïµï®ï¤ The precautionary principle has garnered much support in Europe in recent times, in the wake of a series of food scandals. To cite a few examples, there was the discovery back in 19962 that there was a potential risk that BSE3 (âmad cow diseaseâ) could jump the species barrier and cause