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Agricultural Dialog - Precaution or "better not at all"? - September 2012



In EU politics, an influential regulatory innovation, the precautionary principle, was developed to protect human health and the environment …

In EU politics, an influential regulatory innovation, the precautionary principle, was developed to protect human health and the environment …



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Agricultural Dialog - Precaution or "better not at all"? - September 2012 Agricultural Dialog - Precaution or "better not at all"? - September 2012 Document Transcript

  • INFORMATION FROM THE AGRICULTURAL INDUSTRY | SEPTEMBER 2012AGRICULTURAL DIALOGUE 17 EDITORIAL Dear Readers, language, may not immediately appear to be progress, the uncertainty which this can generate, and the way this is managed byPrecaution or “better not at all”? with an intrinsic capacity to cause harm, even when under realistic conditions ofregulatory innovation, the precautionary principle, was developed to protecthuman health and the environment, in situations where policy is required, For plant protection products these criteriabinding guidance on how to use it, could this be the equivalent to driving acar without understanding the rules of the road or a surgeon using a new andin EU policy, there is also a strong argument that it should be used wisely, we consider the guiding principles of EU Markus Heldt
  • AGRICULTURAL DIALOGUE 17 2provided guidance on use of the precautionary principle, indicating Did you know?Hazard based regulation thinking under the microscope The precautionary principle hasprotection regulation, may be regarded as the ultimate form offails to account for the impact of losing tried and tested technologies, Scientists are culturally opposedImpact on industry, agriculture and the consumer always been a source of fear, fromprecautionary principle has become a serious concern for industry, protection, while also denying them the ability to grow the new standard in international agriculture - biotechprecautionary principle is now viewed by some as having evolved into The cost of bringing a new crop HAZARDOUS INNOVATIONS OF SOCIETAL BENEFIT Fire brigades 24 BC (Rome) Circumnavigation of the world 1522 (Ferdinand Magellan) stores and spread pathogens such as salmonella, campylobacters and leptospires, Ray screening/radiotherapy 1908 (UK) Ultimately, rodenticides received a rare reprieve and were provided with Flu vaccines 1940s derogation, but the story illustrates how a narrow and precautionary focus on (USA) Fluoride in domestic water 1951 (USA)
  • INFORMATION FROM THE AGRICULTURAL INDUSTRY | SEPTEMBER 2012 3 About Dr. Henry Rothstein Policy Studies, from the Science may play a role in shaping divergent attitudes itself as a centre of excellence What variations are there in risk governance management, governance and amongst EU member states? research is interdisciplinary and Further reading on the Precautionary Principle European Commission communication on the Precautionary Principle: http://ec.europa.eu/dgs/ health_consumer/library/pub/ pub07_en.pdf www.unep.org/Documents. Multilingual/Default.asp?docum entid=78&articleid=1163and constitutional factors, such as an expectation that the state will http://europa.eu/about-eu/ institutions-bodies/court- justice/index_en.htm facultybio.haas.berkeley.edu/ faculty-list/vogel-davidby legalistic policy cultures that have to reconcile constitutionally www.dwp.gov.uk/docs/lofstedt- report.pdf www.riskforum.eu/
  • AGRICULTURAL DIALOGUE 17 INFORMATION FROM THE AGRICULTURAL INDUSTRY | SEPTEMBER 2012 4when the anti-nuclear movement challenged the authorities over thesafety of nuclear power, the courts found it impossible to agree a Kristina Nordlander is a partner in SidleyGerman tradition seems to emphasise negotiated, blame-sharing practices EU law with a focus on competitionHow has the approach to precaution evolved in the EU comparedwith the US? She has particular experience in the chemical,pharmaceuticalthat over the last twenty years the EU has become more precautionary of opinion regarding its invocation and Kristina provides an insight into the legalthe precautionary principle than with the way that social, political The precautionary principle is mentioned in the Rio declaration, but where is itenable a consistent understanding and application in the EU? The Treaty on the Functioning of the European Union mentions it explicitly as a basis for EU environmental policy and regulation, and thewell as the varied institutional logics of governance practice across the of the precautionary approach, which isWhat is your overall opinion on risk policy in the EU? Is it correct to conclude that it is beingresearch that has sought to explain the often observed variety and principle is increasingly relevant to EU litigation due to more secondary legislation IMPRINT BASF SE Rainer von Mielecki Agricultural Center Limburgerhof AP/K – Public/Government Affairs AP/K - LI555 Phone: +49 (0) 621 / 60-27 511 67117 Limburgerhof Fax: +49 (0) 621 / 60-27 512 Germany rainer.mielecki@basf.com www.agro.basf.com Editor: Tassilo Galitz subject to public scrutiny and comment, and