20 jaar voorzorgsprincipe in het milieubeleid. Milieuethische en Sociaalwetenschappelijke Perspectieven. (Maarten Van den Eynde)

 

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6 BREMEN DECLARATION OF THE INTERNATIONAL CONFERENCE ON THE PROTECTION OF THE NORTH SEA (1984)

Conclusions

D 3 Precautionary measures for air quality control by reduction of emissions at source should also be determined for the protection of the North Sea, based on the best available technology.

H 7 Precautionary measures for emergencies/accidents should be taken through detailed plans according to Annex (12).

 

8 London Declaration of the International Conference on the Protection of the North Sea (1987)

VII. Accepting

that, in order to protect the North Sea from possibly damaging effects of the most dangerous substances, a precautionary approach is necessary which may require action to control inputs of such substances even before a causal link has been established by absolutely clear scientific evidence;

XV. Decide to:

(ii) accept that by combining, simultaneously and complementarily, approaches based on emission standards and environmental quality objectives, a more precautionary approach to dangerous substances will be established;

XVI. Therefore agree to:

Inputs via rivers and estuaries of substances that are persistent toxic and liable to bio-accumulate

l. accept the principle of safeguarding the marine ecosystem of the North Sea by reducing polluting emissions of substances that are persistent, toxic and liable to bioaccumulate at source by the use of the best available technology and other appropriate measures. This applies especially when there is reason to assume that certain damage or harmful effects on the living resources of the sea are likely to be caused by such substances, even where there is no scientific evidence to prove a causal link between emissions and effects ("the principle of precautionary action");

 

10 UNEP Resolutie 15/87 (1989) Precautionary approach to marine pollution,including waste-dumping at sea

The Governing. Council,

aware of the threat to the marine environment from a variety of polluting sources, aware of the need to protect marine biological diversity,

Recognizing that waiting for scientific proof regarding the impact of pollutants discharged into the marine environment may result in irreversible damage to the marine environment and in human suffering,

Also aware that policies allowing uncontrolled discharges of pollutants.

Taking note of global conventions such as the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, the 1973 International Convention for the Prevention of Pollution from Ships and its Protocol of 1978, and the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and regional conventions, such as the 1972 Oslo Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, the 1974 Paris Convention for the Prevention of Marine Pollution from Land-based Sources, the conventions adopted in connection with the regional seas programme of the United Nations Environment Programme, as well as other relevant conventions,

Noting that the Second International Conference on the Protection of the North Sea held in London from 24 to 25 November 1987, adopted the "principle of precautionary action" 64/ and that some other Governments have adopted and begun to implement preventive policies for the safety of human health and the environment,

1. Recommends that all Governments adopt the "principle of precautionary action" as the basis of their policy with regard to the prevention and elimination of marine pollution;

2. Urges all Governments eligible to do so, but who have not yet done so, to become contracting parties to all relevant conventions;

3. Further urges the international community to work actively towards the complete elimination of the practice of dumping of pollutants liable to endanger the marine environment

 

12th meeting

25 May 1989

 

11 Den Haag Declaration of the International Conference on the Protection of the North Sea (1990)

The participants adopted the following premises as a basis for their future work.

They:

will improve at the national level, and where appropriate at the international level, the control and enforcement of regulations to reduce emissions which directly or indirectly affect the North Sea environment;

will continue to apply the precautionary principle, that is to take action to avoid potentially damaging impacts of substances that are persistent, toxic and liable to bioaccumulate even where there is no scientific evidence to prove a causal link between emissions and effects;

INPUTS OF NUTRIENTS

In applying the precautionary principle, to co-ordinate initiatives to reduce nutrient inputs with the aim of achieving the goal set at the Second Conference on the Protection of the North Sea, in particular through implementation by the Contracting Parties to the Paris Convention of the programme for the reduction of nutrient inputs as established by the Paris Commission.

POLLUTION FROM SHIPS

25. To improve legal instruments and rules aimed at the minimization of intentional pollution, agree that the application of the precautionary principle requires the application of the Best Available Techology in order to minimize discharges of wastes and residues, and to this end:

25.1 to take concerted action within the International Maritime Organization:

to make discharge requirements for oily wastes and residues under Annex I (oil) of MARPOL 73/78 more stringent on a global basis in accordance with Annex 2B;

to make the requirements for cargo unloading arrangements on chemical tankers and the requirements for the discharge of chemical wastes and residues into the sea under Annex II (noxious liquid substances in bulk) of MARPOL 73/78 more stringent on a global basis in accordance with Annex 2C; and

to establish effective measures to minimize air pollution from ships in accordance with Annex 2D; and

25.2 to implement measures whereby the discharge of sewage into the coastal zones of the North Sea states, from ships engaged in international voyages between North Sea ports and which are certified to carry more than 50 persons, is only permitted in accordance with the sewage discharge requirements of Annex IV (sewage) of MARPOL 73/78.

 

13 United nations framework convention on climate change (UNFCCC) (1992)

Article 3. Principles

3. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties.

 

15 Rio Political Declaration (1992)

Principle 15

In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

 

16 Rio Agenda 21, Hfdst. 17 PROTECTION OF THE OCEANS, ALL KINDS OF SEAS, INCLUDING ENCLOSED AND SEMI-ENCLOSED SEAS, AND COASTAL AREAS AND THE PROTECTION, RATIONAL USE AND DEVELOPMENT OF THEIR LIVING RESOURCES (1992)

General Provisions

17.1. The marine environment - including the oceans and all seas and adjacent coastal areas - forms an integrated whole that is an essential component of the global life-support system and a positive asset that presents opportunities for sustainable development. International law, as reflected in the provisions of the United Nations Convention on the Law of the Sea 1/, 2/ referred to in this chapter of Agenda 21, sets forth rights and obligations of States and provides the international basis upon which to pursue the protection and sustainable development of the marine and coastal environment and its resources. This requires new approaches to marine and coastal area management and development, at the national, subregional, regional and global levels, approaches that are integrated in content and are precautionary and anticipatory in ambit, as reflected in the following programme areas:

a. Integrated management and sustainable development of coastal areas, including exclusive economic zones;

b. Marine environmental protection;

c. Sustainable use and conservation of marine living resources of the high seas;

d. Sustainable use and conservation of marine living resources under national jurisdiction;

e. Addressing critical uncertainties for the management of the marine environment and climate change;

f. Strengthening international, including regional, cooperation and coordination;

g. Sustainable development of small islands.

A. Integrated management and sustainable development of coastal and marine areas, including exclusive economic zones

Objectives

17.5. Coastal States commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction. To this end, it is necessary to, inter alia:

(Ö)

(d) Apply preventive and precautionary approaches in project planning and implementation, including prior assessment and systematic observation of the impacts of major projects;

Marine Environment Protection

17.21. A precautionary and anticipatory rather than a reactive approach is necessary to prevent the degradation of the marine environment. This requires, inter alia, the adoption of precautionary measures, environmental impact assessments, clean production techniques, recycling, waste audits and minimization, construction and/or improvement of sewage treatment facilities, quality management criteria for the proper handling of hazardous substances, and a comprehensive approach to damaging impacts from air, land and water. Any management framework must include the improvement of coastal human settlements and the integrated management and development of coastal areas.

Objectives

17.22. States, in accordance with the provisions of the United Nations Convention on the Law of the Sea on protection and preservation of the marine environment, commit themselves, in accordance with their policies, priorities and resources, to prevent, reduce and control degradation of the marine environment so as to maintain and improve its life-support and productive capacities. To this end, it is necessary to:

(a) Apply preventive, precautionary and anticipatory approaches so as to avoid degradation of the marine environment, as well as to reduce the risk of long-term or irreversible adverse effects upon it;

E. Addressing critical uncertainties for the management of the marine environment and climate change

Basis for action

17.97. There are many uncertainties about climate change and particularly about sealevel rise. Small increases in sealevel have the potential of causing significant damage to small islands and low-lying coasts. Response strategies should be based on sound data. A long-term cooperative research commitment is needed to provide the data required for global climate models and to reduce uncertainty. Meanwhile, precautionary measures should be undertaken to diminish the risks and effects, particularly on small islands and on low-lying and coastal areas of the world.

 

17 Rio Agenda 21, Hfdst. 18. PROTECTION OF THE QUALITY AND SUPPLY OF FRESHWATER RESOURCES: APPLICATION OF INTEGRATED APPROACHES TO THE DEVELOPMENT, MANAGEMENT AND USE OF WATER RESOURCES (1992)

Activities

18.40. All States, according to their capacity and available resources, and through bilateral or multilateral cooperation, including United Nations and other relevant organizations as appropriate, could implement the following activities:

B) Water pollution prevention and control:

iv) Introduction of the precautionary approach in water-quality management, where appropriate, with a focus on pollution minimization and prevention through use of new technologies, product and process change, pollution reduction at source and effluent reuse, recycling and recovery, treatment and environmentally safe disposal;

C) Development and application of clean technology:

(i) Control of industrial waste discharges, including low-waste production technologies and water recirculation, in an integrated manner and through application of precautionary measures derived from a broad-based life-cycle analysis;

 

18 Rio Agenda 21, Hfdst. 19. ENVIRONMENTALLY SOUND MANAGEMENT OF TOXIC CHEMICALS, INCLUDING PREVENTION OF ILLEGAL INTERNATIONAL TRAFFIC IN TOXIC AND DANGEROUS PRODUCTS (1992)

A. Expanding and accelerating international assessment of chemical risks

Activities

A) Management-related activities

19.14. Governments, through the cooperation of relevant international organizations and industry, where appropriate, should:

(a) Strengthen and expand programmes on chemical risk assessment within the United Nations system IPCS (UNEP, ILO, WHO) and the Food and Agriculture Organization of the United Nations (FAO), together with other organizations, including the Organisation for Economic Cooperation and Development (OECD), based on an agreed approach to data-quality assurance, application of assessment criteria, peer review and linkages to risk management activities, taking into account the precautionary approach;

D. Establishment of risk reduction programmes

Basis for action

Objectives

19.48. The objective of the programme area is to eliminate unacceptable or unreasonable risks and, to the extent economically feasible, to reduce risks posed by toxic chemicals, by employing a broad-based approach involving a wide range of risk reduction options and by taking precautionary measures derived from a broad-based life-cycle analysis.

Activities

A) Management-related activities

19.49. Governments, through the cooperation of relevant international organizations and industry, where appropriate, should:

(a) Consider adopting policies based on accepted producer liability principles, where appropriate, as well as precautionary, anticipatory and life-cycle approaches to chemical management, covering manufacturing, trade, transport, use and disposal;

E. Strengthening of national capabilities and capacities for management of chemicals

19.60. Governments should:

(a) Direct information campaigns such as programmes providing information about chemical stockpiles, environmentally safer alternatives and emission inventories that could also be a tool for risk reduction to the general public to increase the awareness of problems of chemical safety;

(b) Establish, in conjunction with IRPTC, national registers and databases, including safety information, for chemicals;

(c) Generate field monitoring data for toxic chemicals of high environmental importance;

(d) Cooperate with international organizations, where appropriate, to effectively monitor and control the generation, manufacturing, distribution, transportation and disposal activities relating to toxic chemicals, to foster preventive and precautionary approaches and ensure compliance with safety management rules, and provide accurate reporting of relevant data.

 

19 Rio Agenda 21, Hfdst. 20 ENVIRONMENTALLY SOUND MANAGEMENT OF HAZARDOUS WASTES, INCLUDING PREVENTION OF ILLEGAL INTERNATIONAL TRAFFIC IN HAZARDOUS WASTES (1992)

C. Promoting and strengthening international cooperation in the management of transboundary movements of hazardous wastes

Basis for action

20.32. In order to promote and strengthen international cooperation in the management, including control and monitoring, of transboundary movements of hazardous wastes, a precautionary approach should be applied. There is a need to harmonize the procedures and criteria used in various international and legal instruments. There is also a need to develop or harmonize existing criteria for identifying wastes dangerous to the environment and to build monitoring capacities.

 

20 Rio Agenda 21, Hfdst. 35. SCIENCE FOR SUSTAINABLE DEVELOPMENT (1992)

35.3. Scientific knowledge should be applied to articulate and support the goals of sustainable development, through scientific assessments of current conditions and future prospects for the Earth system. Such assessments, based on existing and emerging innovations within the sciences, should be used in the decision-making process and in the interactive processes between the sciences and policy-making. There needs to be an increased output from the sciences in order to enhance understanding and facilitate interaction between science and society. An increase in the scientific capacity and capability to achieve these goals will also be required, particularly in developing countries. Of crucial importance is the need for scientists in developing countries to participate fully in international scientific research programmes dealing with the global problems of environment and development so as to allow all countries to participate on equal footing in negotiations on global environmental and developmental issues. In the face of threats of irreversible environmental damage, lack of full scientific understanding should not be an excuse for postponing actions which are justified in their own right. The precautionary approach could provide a basis for policies relating to complex systems that are not yet fully understood and whose consequences of disturbances cannot yet be predicted.

 

21 LRTAP Further Sulpher Protocol (1994)

Resolved to take precautionary measures to anticipate, prevent or minimize emissions of air pollutants and mitigate their adverse effects,

Convinced that where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that such precautionary measures to deal with emissions of air pollutants should be cost-effective,

 

24 Agreement on Conservation of African-Eurasian Migratory Birds (1995)

Fundamental Principles

1. Parties shall take co-ordinated measures to maintain migratory waterbird species in a favourable conservation status or to restore them to such a status. To this end, they shall apply within the limits of their national jurisdiction the measures prescribed in Article III, together with the specific actions determined in the Action Plan provided for in Article IV, of this Agreement.

2. In implementing the measures prescribed in paragraph 1 above, Parties should take into account the precautionary principle.

 

25 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (1995 MAP Barcelona Convention, Revised) (1995)

Article 4. GENERAL OBLIGATIONS

ß3. In order to protect the environment and contribute to the sustainable development of the Mediterranean Sea Area, the Contracting Parties shall:

(a) apply, in accordance with their capabilities, the precautionary principle, by virtue of which where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;

(b) apply the polluter pays principle, by virtue of which the costs of pollution prevention, control and reduction measures are to be borne by the polluter, with due regard to the public interest;

 

28 UN Agreement Relating to the Conservation and Management of Straddling Fish Stocks and Migratory Fish Stocks (Straddling Fish Agreement) (1995)

Article 5. General principles

In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention:

(c) apply the precautionary approach in accordance with article 6;

Article 6. Application of the precautionary approach

1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment.

2. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures.

3. In implementing the precautionary approach, States shall:

(a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty;

(b) apply the guidelines set out in Annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded;

(c) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distribution of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socio-economic conditions; and

(d) develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.

4. States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3 (b) to

restore the stocks.

5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information.

6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries.

7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available.

 

30 FAO Code of Conduct for responsible fisheries (1995)

Article 6. General Principles

6.5 States and subregional and regional fisheries management organizations should apply a precautionary approach widely to conservation, management and exploitation of living aquatic resources in order to protect them and preserve the aquatic environment, taking account of the best scientific evidence available. The absence of adequate scientific information should not be used as a reason for postponing or failing to take measures to conserve target species, associated or dependent species and non-target species and their environment.

Article 7. Fisheries Management

7.5 Precautionary approach

7.5.1 States should apply the precautionary approach widely to conservation, management and exploitation of living aquatic resources in order to protect them and preserve the aquatic environment. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.

7.5.2 In implementing the precautionary approach, States should take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distribution of fishing mortality and the impact of fishing activities, including discards, on non-target and associated or dependent species, as well as environmental and socio-economic conditions.

7.5.3 States and subregional or regional fisheries management organizations and arrangements should, on the basis of the best scientific evidence available, inter alia, determine:

a. stock specific target reference points, and, at the same time, the action to be taken if they are exceeded; and

b. stock-specific limit reference points, and, at the same time, the action to be taken if they are exceeded; when a limit reference point is approached, measures should be taken to ensure that it will not be exceeded.

7.5.4 In the case of new or exploratory fisheries, States should adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures should remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment should be implemented. The latter measures should, if appropriate, allow for the gradual development of the fisheries.

7.5.5 If a natural phenomenon has a significant adverse impact on the status of living aquatic resources, States should adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States should also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such resources. Measures taken on an emergency basis should be temporary and should be based on the best scientific evidence available.

 

32 Protocol for the Protection of the Mediterranean against Pollution from Land-based Sources (1996 MAP LBS Protocol) (1996)

Preambule

Applying the precautionary principle and the polluter pays principle, undertaking environmental impact assessment and utilizing the best available techniques and the best environmental practice, including clean production technologies, as provided for in article 4 of the Convention,

 

33 Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous wastes (1996 MAP Hazardous Wastes Protocol) (1996)

Article 8. Regional Cooperation

1. In conformity with Article 13 of the Convention, the Parties shall cooperate as far as possible in scientific and technological fields related to pollution from hazardous wastes, particularly in the implementation and development of new methods for reducing and eliminating hazardous waste generated through clean production methods.

2. To this end, the Parties shall submit annual reports to the Organization regarding the hazardous wastes they generate and transfer within the Protocol area in order to enable the Organization to produce a hazardous waste audit.

3. The Parties shall cooperate in taking appropriate measures to implement the precautionary approach based on prevention of pollution problems arising from hazardous wastes and their transboundary movement and disposal. To this end, the Parties shall ensure that clean production methods are applied to production processes.

 

34 Protocol to the London Dumping Convention (1996)

Article 3 General Obligations

1. In implementing this Protocol, Contracting Parties shall apply a precautionary approach to environmental protection from dumping of wastes or other matter whereby appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects.

 

35 Agreement on the Conservation of the Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (1996 ACCOBAMS) (1996)

Article II. Purpose and Conservation Measures

1. Parties shall take co-ordinated measures to achieve and maintain a favourable conservation status for cetaceans. To this end, Parties shall prohibit and take all necessary measures to eliminate, where this is not already done, any deliberate taking of cetaceans and shall co-operate to create and maintain a network of specially protected areas to conserve cetaceans.

2. Any Party may grant an exception to the prohibition set out in the preceding paragraph only in emergency situations as provided for in Annex 2, paragraph 6, or, after having obtained the advice of the Scientific Committee, for the purpose of non-lethal in situ research aimed at maintaining a favourable conservation status for cetaceans. The Party concerned shall immediately inform the Bureau and the Scientific Committee, through the Agreement secretariat, of any such exception that has been granted. The Agreement secretariat shall inform all Parties of the exception without delay by the most appropriate means.

3. In addition, Parties shall apply, within the limits of their sovereignty and/or jurisdiction and in accordance with their international obligations, the conservation, research and management measures prescribed in Annex 2 to this Agreement, which shall address the following matters:

a) adoption and enforcement of national legislation;

b) assessment and management of human-cetacean interactions;

c) habitat protection;

d) research and monitoring;

e) capacity building, collection and dissemination of information, training and education; and

f) responses to emergency situations.

Measures concerning fisheries activities shall be applied in all waters under their sovereignty and/or jurisdiction and outside these waters in respect of any vessel under their flag or registered within their territory.

4. In implementing the measures prescribed above, the Parties shall apply the precautionary principle.

 

40 Protocol on Persistent Organic Pollutants (1998 LRTAP POPís Protocol) (1998)

Preambule

Resolved to take measures to anticipate, prevent or minimize emissions of persistent organic pollutants, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,

 

41 Protocol on Heavy Metals (1998 LRTAP Heavy Metals Protocols) (1998)

Preambule

Resolved to take measures to anticipate, prevent or minimize emissions of certain heavy metals and their related compounds, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,

AnnexVII

3. Each product or product group listed below contains one or more of the heavy metals listed in annex I and is the subject of regulatory or voluntary action by at least one Party to the Convention based for a significant part on the contribution of that product to emissions of one or more of the heavy metals in annex I. However, sufficient information is not yet available to confirm that they are a significant source for all Parties, thereby warranting inclusion in annex VI. Each Party is encouraged to consider available information and, where satisfied of the need to take precautionary measures, to apply product management measures such as those listed in paragraph 2 above to one or more of the products listed below:

 

43 Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998 Rotterdam Chemicals Convention)

Article 14. Information exchange

1. Each Party shall, as appropriate and in accordance with the objective of this Convention, facilitate:

(a) The exchange of scientific, technical, economic and legal information concerning the chemicals within the scope of this Convention, including toxicological, ecotoxicological and safety information;

(b) The provision of publicly available information on domestic regulatory actions relevant to the objectives of this Convention; and

(c) The provision of information to other Parties, directly or through the Secretariat, on domestic regulatory actions that substantially restrict one or more uses of the chemical, as appropriate.

2. Parties that exchange information pursuant to this Convention shall protect any confidential information as mutually agreed.

3. The following information shall not be regarded as confidential for the purposes of this Convention:

(a) The information referred to in Annexes I and IV, submitted pursuant to Articles 5 and 6 respectively;

(b) The information contained in the safety data sheet referred to in paragraph 4 of Article 13;

(c) The expiry date of the chemical;

(d) Information on precautionary measures, including hazard classification, the nature of the risk and the relevant safety advice; and

(e) The summary results of the toxicological and ecotoxicological tests.

 

44 Agreement on the Creation of a Mediterranean Sanctuary for Marine Mammals (1999)

Declaration

The representatives of the three signatory Parties express their satisfaction for the welcome finalization of a document on which they have worked for more than six years. Being it understood that, as with all human work, this agreement is perfectible, it represents the first crucial step towards a real and effective protection of mammals in the western Mediterranean.

Without waiting for the ratification procedures, the signatory Parties will as from today endeavour to facilitate the application of the Agreement by establishing the bases for the management of the sanctuary.

The signatory Parties may rely on the work already accomplished by themselves at the state and the territorial entities level. In particular, the experience gained within the RAMOGE agreement will positively contribute to the establishment and management of the sanctuary.

The Parties hope that, besides the rapid fulfilment of the undertakings embodied in the Agreement by the competent authorities of the State and territorial entities, studies on a certain number of points that may complete the substance of the Agreement be conducted, applying the precautionary principle. This refers in particular to the consequences on marine mammals of the use of means for seismic and acoustic prospection and detection, as well as the possible exploitation of non-living natural resources. Lastly, the question of noise and speed of vessels, already addressed in the Agreement with regard to high-speed motorboat races, will need to be also examined

 

46 Protocol on Water and Health to the 1992 Convention on the Potection and Use of Transboundary Watercourses and International Lakes (1999 Health Protocol) (1999)

Article 5. Principles and Approaches

In taking measures to implement this Protocol, the Parties shall be guided in particular by the following principles and approaches:

(a) The precautionary principle, by virtue of which action to prevent, control or reduce water-related disease shall not be postponed on the ground that scientific research has not fully proved a causal link between the factor at which such action is aimed, on the one hand, and the potential contribution of that factor to the prevalence of water-related disease and/or transboundary impacts, on the other hand;

 

48 Protocol to the 1979 LRTAP to Abate Acidification, Eutrophidication and Ground-level ozon (1999 LRTAP Acidification Protocol) (1999)

Preambule

Resolved to take measures to anticipate, prevent or minimize emissions of these substances, taking into account the application of the precautionary approach as set forth in principle 15 of the Rio Declaration on Environment and Development,

 

50 Protocol on Biosafety (Cartagena Protocol) (2000)

Preambule

the precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development,

Article 1. Objective

In accordance with the precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on transboundary movements.

Article 10. Decision Procedure

6. Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse effects of a living modified organism on the conservation and sustainable use of biological diversity in the Party of import, taking also into account risks to human health, shall not prevent that Party from taking a decision, as appropriate, with regard to the import of the living modified organism in question as referred to in paragraph 3 above, in order to avoid or minimize such potential adverse effects.

 

51 Framework Agreement for the Conservation of the Living Marine Resources of the High Seas of the South Pacific (Galapagos Agreement) (2000)

Article 5. Conservation Principles

1. In the implementation of this Framework Agreement, the following principles, among others, shall be followed:

a. The measures adopted shall be based on appropriate scientific and technical information, with the aim of ensuring the long-term conservation of the Southeast Pacificís living marine resources within the area of application.

b. The scarcity or lack of available information shall not be construed as a reason to prevent or delay the adoption of precautionary measures, including points of reference for specific fish populations.

c. In the establishment of conservation measures for regulated species, the effects of fishing for specific fish stocks on the populations of associated or dependent species, as well as on the marine ecosystem as a whole, shall be taken into account.

d. The effects of environmental changes and other phenomena which might affect the marine ecosystem, along with the direct or indirect effects of capture, shall be taken into account, in order to reduce or prevent the risk of potentially irreversible alterations.

e. The measures adopted shall not be less strict than those established for the same species in the zones under national jurisdiction adjacent to the Agreementís area of application, shall not undermine the effectiveness of the same, and shall be fully compatible with them in all cases.

f. Appropriate measures shall be adopted to prevent incidental captures as well as excesses in fishing and fishing capacity.

2. In the application of these principles and in other provisions of the Framework Agreement, particularly in the decision-making process as described in Article 12, due account shall be taken of the fact that, in conformity with the relevant provisions of international law, the freedom of fishing on the high seas is subject inter alia to the rights, duties and interests of the coastal States and to the conservation and administration rules of the living resources of the high seas.

 

52 Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (2000)

Preambule

Mindful that effective conservation and management measures require the application of the precautionary approach and the best scientific information available,

Article 5. Principles and measures for conservation and management

In order to conserve and manage highly migratory fish stocks in the Convention Area in their entirety, the members of the Commission shall, in giving effect to their duty to cooperate in accordance with the 1982 Convention, the Agreement and this Convention:

(a) adopt measures to ensure long-term sustainability of highly migratory fish stocks in the Convention Area and promote the objective of their optimum utilization;

(b) ensure that such measures are based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States in the Convention Area, particularly small island developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global;

(c) apply the precautionary approach in accordance with this Convention and all relevant internationally agreed standards and recommended practices and procedures;

Article 6. Application of the precautionary approach

1. In applying the precautionary approach, the members of the Commission shall:

(a) apply the guidelines set out in Annex II of the Agreement, which shall form an integral part of this Convention, and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded;

(b) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distributions of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socio-economic conditions; and

(c) develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans where necessary to ensure the conservation of such species and to protect habitats of special concern.

2. Members of the Commission shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures.

3. Members of the Commission shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event they are exceeded, members of the Commission shall, without delay, take the action determined under paragraph 1(a) to restore the stocks.

4. Where the status of target stocks or non-target or associated or dependent species is of concern, members of the Commission shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information.

5. For new or exploratory fisheries, members of the Commission shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the longterm sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries.

6. If a natural phenomenon has a significant adverse impact on the status of highly migratory fish stocks, members of the Commission shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impacts. Members of the Commission shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific information available.

 

58 Agreement on the Conservation of Albatrosses and Petrels (2001)

Preambule

RECOGNISING the Rio Declaration on Environment and Development, 1992, Principle 15, that, in order to protect the environment, the precautionary approach should be widely applied;

Article II. Objective and Fundamental Principles

The objective of this Agreement is to achieve and maintain a favourable conservation status for albatrosses and petrels. The Parties shall take measures, both individually and together, to achieve this objective. In implementing such measures the Parties shall widely apply the precautionary approach. In particular, where there are threats of serious or irreversible adverse impacts or damage, lack of full scientific certainty shall not be used as a reason for postponing measures to enhance the conservation status of albatrosses and petrels.

Annex 2. Action Plan

1. Species Conservation

1.1 Species Conservation

1.2 Emergency measures

1.3 Re-establishments and re-establishment schemes

The Parties shall take a precautionary approach when re-establishing albatrosses and petrels into parts of their traditional breeding range. In such cases, they shall develop and follow a detailed re-establishment scheme. Such schemes shall be based on best scientific evidence and should be publicly available. The Parties shall inform the Secretariat where possible in advance of all re-establishment schemes.

 

61 Convention for Cooperation in the Protection and Sustainable Development of the Marine and Coastal Environment of the Northeast Pacific (2002)

Artikel 5. General Principles

In order to protect the environment and contribute to the sustainable management, protection and conservation of the marine environment of the region, the Contracting Parties shall:

(a) Apply, in accordance with their capacity, the precautionary principle, by virtue of which, when confronted with serious or irreversible threats to the environment, the absence of complete scientific certainty should not serve as a pretext for delaying the adoption of effective measures to prevent environmental degradation, because of the costs involved;

ARTICLE 10. Integrated management and sustainable development of the marine and coastal environment

1. As part of the implementation of their policies and strategies for integrated management and sustainable development of the marine and coastal environment, the Contracting Parties shall incorporate into their economic development projects in marine and coastal areas those environmental criteria that provide sustainability in the use of resources and in the maintenance of the integrity of ecosystems.

2. Also as part of these policies, the Contracting Parties shall strive to implement integrated management and bring about sustainable development of the marine and coastal environment. To this end, the Contracting Parties shall endeavour to:

(a) Formulate and implement plans and programmes at appropriate levels for the integrated management and sustainable development of the marine and coastal environment;

(b) Use environmental assessment and systematic observation as preventative and precautionary measures in the planning and implementation of projects;

 

63. WSSD Plan of Implementation (2002)

III. Changing unsustainable patterns of consumption and production

23. Renew the commitment, as advanced in Agenda 21, to sound management of chemicals throughout their life cycle and of hazardous wastes for sustainable development as well as for the protection of human health and the environment, inter alia, aiming to achieve, by 2020, that chemicals are used and produced in ways that lead to the minimization of significant adverse effects on human health and the environment, using transparent science-based risk assessment procedures and science-based risk management procedures, taking into account the precautionary approach, as set out in principle 15 of the Rio Declaration on Environment and Development, and support developing countries in strengthening their capacity for the sound management of chemicals and hazardous wastes by providing technical and financial assistance.

X. Means of Implementation

109. Improve policy and decision-making at all levels through, inter alia, improved collaboration between natural and social scientists, and between scientists and policy makers, including through urgent actions at all levels to:

(f) Promote and improve science-based decision-making and reaffirm the precautionary approach as set out in principle 15 of the Rio Declaration on Environment and Development, which states:

 

65 International Convention for the Control and Management of Ships Ballast Water and Sediments (2004)

 

Preambule

Mindful of the precautionary approach set out in Principle 15 of the Rio Declaration on Environment and Development and referred to in resolution MEPC. 67(37), adopted by the organizationís Marine Environment Protection Committee on 15 september 1995

 

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