Editorial note

Article 174(2) of the EC Treaty specifies that Community policy on the environment shall be based on the precautionary principle. The principle is not defined in the Treaty. In 1999 the Council asked the Commission to develop clear and effective guidelines for its application. The Commission responded to the Council request by adopting a Communication on the Precautionary Principle in February 2000. The Commission recognises in its Communication of 2 February 2000 that ‘the issue of when and how to use the precautionary principle, both within the European Union and internationally, is giving rise to much debate, and to mixed, and sometimes contradictory views. Thus, decision-makers are constantly faced with the dilemma of balancing the freedom and rights of individuals, industry and organisations with the need to reduce the risk of adverse effects to the environment, human, animal or plant health. Therefore, finding the correct balance so that the proportionate, nondiscriminatory, transparent and coherent actions can be taken, requires a structured decision-making process with detailed scientific and other objective information’ (paragraph 1). The Communication's aim is fourfold according to the Commission: to outline the Commission's approach to using the precautionary principle; to establish Commission guidelines for applying it; to build a common understanding of how to assess, appraise, manage and communicate risks that science is not yet able to evaluate fully; and to avoid unwarranted recourse to the precautionary principle, as a disguised form of protectionism (paragraph 2).