Chemicals regulation and precaution: does REACH really incorporate the precautionary principle

At the interface between politics and science-informed regulatory action there is hardly a more controversial combination in Europe today than the recently adopted chemicals policy overhaul entitled Registration, Evaluation, and Authorization of CHemicals (REACH) and the precautionary principle (PP). The European Commission states that REACH is underpinned by the PP. However, it is not evident how this is crystallized throughout the registration, evaluation and authorization process of REACH. Additionally, it is unclear how REACH will proactively support development of safer alternatives, a key component of precaution. The present paper examines to what extent the PP has actually been integrated in REACH. Several elements of the PP are included in REACH such as changing the burden of proof and assessment of alternatives. However, a number of important elements apparently are missing. This paper outlines some of the limitations in REACH for applying precaution and discusses possible improvements of the REACH framework to make it more supportive of precautionary decision-making.