ABSTRACT
When the European Courts are presented with a risk regulation case that involves scientific uncertainty, they face the difficult task of judging whether or not it is legitimate to apply the precautionary principle. Although there are several descriptions and definitions of the precautionary principle, it lacks a single, clear and universally accepted definition (Percival 2005). Article 15 of the Rio Declaration is the most commonly known statement, which holds that ‘[w]here 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’ (UN Economic and Social Council 1997). It is designed ‘to address the existence of scientific uncertainty in areas where our failure to anticipate future harm may lead to disaster’ (UN Economic and Social Council 1997; Kaiser 1997: 202). Thus, it is possible that precautionary action must be taken, even if fears might prove to be unwarranted (Kaiser 1997). Within the European Union, the precautionary principle has become a general principle of EU law, as the European Commission acknowledged (European Commission 2002a) and is established by case law. 1
