A research on the applications of the precautionary principle to the new EU chemicals policy (REACH)

2005 Fiscal Year Final Research Report Summary

• Project/Area Number: 16530074
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: New fields of law
• Research Institution: Tottori University of Environmental Studies
• Principal Investigator: MASUZAWA Yoko Tottori University of Environmental Studies, Faculty of Environmental and Information Sciences, Associate Professor, 環境情報学部, 助教授 (90351874)
• Project Period (FY): 2004 – 2005
• Keywords: precautionary principle / REACH / shifting the burden of proof

Research Abstract

This research examines ‘Registration' and ‘Authorization' mechanisms of EU new chemicals policy (REACH), both of which shift ‘the burden of proof', from the viewpoint of applications of the precautionary principle. Although prior notification procedures have generally been considered the application of the precautionary principle, Registration has not been very often related to the precautionary principle by the Commission. This research shows that the Authorization may need the precautionary principle for its justification because it is new and additional to the current regulations, allowing mere existence of certain hazards to trigger initial bans of such chemicals. On the other hand, Registration maintains the basic structure of the current regulations and does not change the way of judging uncertainty. REACH reallocates the ‘burden of proof' to address the actual dysfunction of the system thus it may not need to invoke the precautionary principle.
The research also addresses another issue : why EU opted for imposing legal responsibility to register existing chemicals on the industry while Japan and the US have been settled for voluntary approaches. It may be because the existing regulations have fallen below the expectation in EU that voluntary approaches would not fill the gap. Legal rules could also benefit the industry by leveling their competitive conditions. Other factors which contributed to REACH include green member states who lead the discussion in the EU chemicals reform. Framing the reform as an environmental policy may also be a factor. Environment Council took the initiatives of the reform at least in early days and indicated the elements of a new policy. Institutional factors that may facilitate precautionary regulations need to be further examined.