Is public health losing its reach? The precautionary principle and European Union chemicals policy

Abstract Background The precautionary principle is a regulatory tool that enables decision makers to protect the health of future generations in the face of scientific uncertainty by allowing for regulatory action before proof of harm is established. Where an action may pose serious or irreversible risks to human, animal, plant or environmental health in the European Region, proof that it is not harmful usually lies with the proposer, often industry. Although several European Union (EU) official documents refer to the precautionary principle, its current role in shaping EU policy, particularly the interface with the commercial and political determinants of health, is understudied. The aim of this study was to explore the role of the precautionary principle in EU policy with chemicals policy as a case. Methods We analysed submissions to an online European Commission public consultation on recent changes in EU chemicals policy. Our analysis was guided by key informant interviews with experts on European chemicals policy. Framework analysis was used to highlight the key themes raised and how these related to the precautionary principle. Different formulations of the principle were abstracted, then mapped onto a spectrum, reflecting the strength and explicitness with which the principle was expressed. Results Our results highlight seven overlapping but distinct themes. These included the nature of the changes, their scientific basis; potential practical, regulatory and procedural implications; consequences for industry and trade, health and environment, hazard communication, and the EU's role and position. The precautionary principle was rarely expressed strongly and explicitly, instead, its scope was restricted. Conclusions We identified a weakening of the role of the precautionary principle in relation to EU chemicals policy. This is concerning, as it suggests a softening of the regulatory position and a shift away from prioritising health and environmental protection. Key messages • Weakening of the precautionary principle in a policy context where its importance was previously recognised. • Precautionary principle is a key means to address commercial determinants through regulation and ensuring a high level of public health and environmental protection.