Precautionary principle environmental9/17/2023 ![]() A previous assessment of that project, carried out before the original consent for the project was granted, cannot rule out that risk unless it contains full, precise and definitive conclusions capable of removing all reasonable scientific doubt as to the effects of the works, and provided that there are no changes in the relevant environmental and scientific data, no changes to the project and no other plans or projects. In Case C-254/19 Friends of the Irish Environment, the CJEU held that the assessment of a project's implications must be carried out where it cannot be ruled out, having regard to the best scientific knowledge in the field, that the plan or project might affect the conservation objectives of the site. 6(3) of the Habitats Directive requires impact assessments to be carried out where a plan or project is likely to have a significant effect on the integrity of a designated habitat site. Protection of Natura 2000 site is also based on precaution. The deliberate release of Genetically Modified Organisms, including requirements for field testing in the research and development stage assessing how their use might affect ecosystems is subject to the GMO Directive. Similarly, the Water Framework Directive sets standards of various persistent organic pollutants, potentially toxic metals such as cadmium, and polycyclic aromatic hydrocarbons to achieve 'good' water quality. In EU legislation, the applications of the principle include, inter alia, the Environmental Quality Standards Directive, which sets environmental quality standards for priority substances on a precautionary basis. For example, the EU’s GMO policies are based on a strict application of the precautionary principle, which makes them the most restrictive ones in the world. ![]() It is generally perceived, that the concept of precautionary principle in the EU law tends towards strict precaution and follows the “better safe than sorry” approach. The principle has been applied globally to guide policy on issues such as chemicals and food safety, air quality or climate change. ![]() As a result, the precautionary principle always deals with potential harm and serves as a tool to bridge uncertain scientific information and a political responsibility. There is a set of factors shared in every definition of the precautionary principle - existence of danger and scientific uncertainty. ![]() Where there is uncertainty about the risk of environmental harm, the precautionary principle allows or requires protective measures to be taken without having to wait until the harm materialises. ![]()
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