TL: PROTECTION OF THE ENVIRONMENT THROUGH THE "PRECAUTIONARY ACTION" APPROACH SO: GREENPEACE INTERNATIONAL (GP) DT: JULY 1990 Keywords: policy precautionary.principle greenpeace gp un hazardous.waste toxics clean.production / This section addresses many of the issues identified as subject matter for UNCED reports to the Secretary General. In particular, it is pertinent to the following Resolutions: Resolution A/CONF.151/PC/WG.II/L.3/Rev.2 - Environmentally Sound Management of Wastes, particularly Hazardous Wastes, items 1(a) The development of an international strategy for environmentally sound management of hazardous wastes, giving priority to waste reduction at source, including the aim of self-sufficiency and taking into account the needs of developing countries; 1(c) Education, public awareness and training programmes on the management of wastes; 1(d) Development and dissemination of information on and promotion of clean production technologies and recycling and source reduction methods in order to achieve optimal utilisation of resources and minimal amounts of wastes and pollution; 1(l) Measures for human resources development and the establishment of endogenous technologies in the developing countries in areas concerning the management and treatment of wastes, particularly hazardous wastes; 1(o) Greater participation of industry in waste prevention and minimization programmes, including the application of clean technologies, 1(p) Measures to strengthen international co-operation for waste treatment and disposal, including, as appropriate, the establishment of regional waste treatment, analysis and disposal facilities, in particular for hazardous wastes, in those cases where such facilities may not be economically practicable on an individual national basis, taking into account the need for assistance to the developing countries in this regard; and Environmentally Sound Management of Toxic Chemicals, items 5(a) Measures to strengthen the London Guidelines for the Exchange of Information on Chemicals in International Trade and the International Code of Conduct on the Distribution and Use of Pesticides; 5(c) The wider applicability of the "cradle to grave" approach to the production, use and disposal of chemicals, including risk reduction and the promotion of clean technologies, taking into account decision SS.II/9 of 3 August 1990, section XII, of the Governing Council of the UNEP; and 5(i) Measures to promote public awareness and education on chemical risks and management, including action by NGOs; and Resolution A/CONF.151/PC/WG.II/L.1/Rev.3 - Protection of Oceans and Seas, items (i) Measures to strengthen regional, subregional and interregional co-operation programmes, including the Regional Seas Programme of UNEP, which have proved effective and viable mechanisms in dealing, inter alia, with pollution-related problems; (j) the effectiveness and feasible strengthening of existing international institutions, the effectiveness and status of implementation of existing legal instruments and the identification of gaps in existing mechanisms for the protection of the marine environment; (k) Promotion and application of the precautionary approach, as appropriate, and use of incentives and disincentives to promote clean production methods to combat marine pollution. The paper provides background information and recommendations for an approach to toxic substances entering the environment, which if adopted, would greatly contribute to putting humankind on the path of sustainable industrial development. ABSTRACT The following discussion addresses a necessary approach to environmental protection which is being rapidly adopted by a variety of environmental forums and governments. The approach, based on precaution, and implemented through the application of clean production methods, provides a clear alternative for reversing environmental and human health degradation. This paper discusses the traditional environmental policy, based on the assimilative capacity approach, and points out its deficiencies. The paper then explains the improved approach based on precaution and identifies the many forums which have recently adopted it. Because not all of these forums have developed specific strategies to implement this approach, principles of clean production are proposed as one clear means for such implementation. Through the implementation of this environmental approach, embracing precautionary action and clean production methodology, all hazardous wastes, emissions, products and processes can be realistically phased out and replaced by environmentally sound processes. Finally, the paper suggests that this important issue warrants special attention at the 1992 UN Conference on Environment and Development. 1 THE OUTDATED "ASSIMILATIVE CAPACITY" APPROACH Historically, production and waste management systems have proliferated with far too little consideration for environmental and human health consequences. Such modes have resulted in the creation of hazardous processes, products and a tremendous amount of hazardous waste. In turn, this has led to a legacy of environmental degradation which defies national boundaries, for example, the ozone hole over Antarctica, global warming, and severely polluted soil, air, groundwater, rivers, coastal areas and even the wider oceans. Environmental policy has always lagged behind and been made subservient to the interests of industrial development. Where once there was little or no environmental policy, its evolutionary development has followed an approach based on "allowable" emissions, or discharges. This approach is often termed the "assimilative capacity" approach to pollution because it is based on the assumption that the environment has a capacity to receive, and render harmless, the vast quantity and variety of industrial inputs. This traditional "permissive" approach does not represent a sound scientific approach to the protection of the environment. The existing body of scientific literature makes it clear that even the most sophisticated environmental impact assessment models contain substantial inherent uncertainty due to the overwhelming diversity and complexity of biological species, ecosystems, and chemical compounds entering the environment. What were once considered perfectly safe levels of particular inputs into the environment subsequently have been determined unsafe. The legacy of environmental degradation attests to this fact. An extract from the second edition of R. B. Clark's book, Marine Pollution, illustrates the evolution of expert opinion since 1986. The preface states: It is now five years since the first edition of this book was written. Since then, there has been a great amount of investigation into the behaviour and impact of wastes discharged into the sea and a steady strengthening of controls over waste discharges. In spite of all this activity, there is now more uncertainty (or at least more dispute) among scientists and certainly more public concern about marine pollution. (Clark, R.B., Marine Pollution, Clarendon Press, 1989) 2 THE "PRECAUTIONARY ACTION" APPROACH 2.1 Widespread Acceptance In light of increasing environmental harm, a multitude of forums have adopted the precautionary, preventative approach, an improved environmental strategy, representing a much more sound scientific approach. These forums include the North Sea Ministerial Conferences, the UNEP Governing Council, The Paris and Oslo Commissions, the Barcelona Convention, the Nordic Council's International Parliamentarian Conference on Pollution of the Seas, the Nordic Council, the EC Parliament, the Bergen Conference (ECE) Ministerial Declaration, and the Vienna Convention on the Protection of the Ozone Layer. In addition, many national governments are adopting this approach to environmental protection. One clear example of the adoption of this principle is the Nordic Council's Conference on Pollution of the Seas, held in Copenhagen, 16-18 October 1989. The meeting included members of the Parliaments of Belgium, Canada, Czechoslovakia, Denmark, the Federal Republic of Germany, Finland, the German Democratic Republic, Iceland, Ireland, the Netherlands, Norway, Poland, Sweden, Switzerland, the Union of Soviet Socialist Republics, the United Kingdom, and the autonomous territories of the Faroe Islands, Greenland, and Aaland Island. The participants agreed on a Final Document which includes the following definition of the precautionary principle: the need for an effective precautionary approach, with that important principle intended to safeguard the marine ecosystem by, among other things, eliminating and preventing pollution emissions where there is reason to believe that damage or harmful effects are likely to be caused, even where there is inadequate or inconclusive scientific evidence to prove a causal link between emissions and effects. 2.2 Description The essence of precautionary action is that, if further environmental degradation is to be minimised, precaution and prevention must be the overriding principles. Its application would ensure significant reduction and elimination of contaminants, especially synthetic and persistent substances, even where there is inadequate or inconclusive evidence to prove a causal link between emissions and effects. History has shown us that waiting for such proof is often too late to prevent significant and irreversible damage, and that it is time to stop using the environment as a large-scale laboratory. It is sometimes suggested that the principle is not scientific. This is not a serious argument. The assimilative capacity approach, which is much more subjective, is flawed because it is based upon significant assumptions and contains inherent uncertainty regarding environmental and human health impacts from emissions. Such scientific limitations of that approach have been ignored in the past. In contrast, the precautionary principle is based on the current state of knowledge of science and a recognition of its limitations. The role of science is not to ignore uncertainty, but rather to recognise and assess it. The burden of proof should not be on one concerned with the protection of the environment to demonstrate conclusive harm but rather on the prospective polluter to demonstrate no harm if the pattern of environmental degradation is to be reversed. Adoption of the precautionary approach implies a shift in approach from giving the contaminant the benefit of doubt to giving the benefit of doubt to the environment and human health. When doubt exists regarding the impact on the environment and human health, let us err on the side of safety rather than risk significant and irreversible damage. Given the number of forums which have adopted the precautionary approach, and the rate at which they are doing so, the issue is no longer one of whether such an approach is warranted. All can agree that the correct environmental policy is encompassed in the precautionary approach. The important issue is HOW to implement this approach. Fortunately, there are clear means of implementing a commitment to an approach based on precautionary, preventative action: Clean technologies and methods based on the principles of what is being called clean production. 3 THE CRITICAL ROLE OF CLEAN PRODUCTION 3.1 Description One clear solution to current pollution emission problems, and a means of implementing a truly precautionary approach, is through the pursuit of "clean production methodology". The implementation of clean production methods - including selection of raw materials, product substitution, and the employment of clean production technologies and processes - can result in the elimination of toxic damage and risks to the labour force, the environment, and to wider public health. "Clean production" can be defined as production systems, including food production, which avoid, or eliminate hazardous waste and hazardous products, and use a minimal amount of raw materials, water and energy. Goods manufactured in a clean production system are compatible with biological processes and ecosystems throughout their entire product life cycle, including: - conceptualisation, design and material selection - raw material extraction and processing - transport during all phases - product manufacture, assemblage and finishing - commercial and non-commercial usage This also requires that industrial products themselves are: - constructed of non-toxic, reusable and repairable material - designed to be easily disassembled in order to replace broken parts - designed to be reintroduced into industrial systems or nature when they no longer serve a function Clean Production does not include "end-of-pipe" pollution controls such as filters, scrubbers or chemical, physical or biological treatment. Measures which purport to reduce the volume of waste by incineration or concentration and measures which conceal the hazard by dilution, or the transfer of pollutants from one environmental medium to another, are also excluded. However, it must be recognised that not all production systems are suitable to all regions and societies, even despite their lack of environmental impact. Therefore, when applying clean production criteria, it is essential to anticipate and consider social, political, cultural, economic and ecological implications. As part of this, particular attention must be paid to the health and safety of the labour force and wider community. Clean production is not a futuristic concept but rather a currently available approach. For example, the US office of Technology Assessment asserts , in a 1986 report entitled SERIOUS REDUCTION OF HAZARDOUS WASTE, that a 50% reduction in hazardous waste was achievable in five years using available measures. Sufficient expertise, and numerous clean production projects and clean production case studies currently exist. It is therefore essential that toxic use and clean production analyses be conducted, in all industrial sectors, in order to identify the means to eliminate persistent and toxic substances, and processes. The phase-out of hazardous waste and emissions, and toxic products and processes, can and are being achieved pursuant to concrete time frames during which the emissions are phased-out while the clean production methods are phased in. 3.2 Economic Aspects An approach which addresses the waste problem at its source, through the application of clean production methods, makes sound economic sense. The tremendous costs associated with waste treatment and disposal would be greatly reduced, as would the astronomical costs associated with clean-up and other remedial activities. In addition, the social health costs for treating environmentally induced cancers, lung and liver diseases, as well as a multitude of other maladies, would be greatly reduced. Economic benefits often accrue to the waste generator immediately. In the longer term, the economic benefits will become apparent, particularly if the social costs of environmental degradation, which are traditionally excluded from economic analysis, are included as part of the real costs of a particular activity. The macroeconomic impact is also positive. Studies, for example, by the Organisation for Economic Co-operation and Development, indicate that the net macroeconomic impact is positive. Additionally, the clean production approach is fully consistent with international development objectives. Assistance to developing countries in relation to production processes should focus on clean production methods. It is particularly important that developing countries have access to technological developments which will permit clean, environmentally benign production systems. Particular attention should be given to assisting developing countries with developing clean production systems through their own capacity and resources according to the needs and conditions of their societies, taking into account ecological, social, political, economic, and cultural factors. We must ensure that science, technology, and research serve the common heritage of humankind, accessible for the benefit of all people of the world. One approach to providing the needed financial resouces would be the establishment of an international environmental fund based on the "polluter pays" principle, in order to promote, and assist in the implementation of, clean production methods and technologies. The environmental approach of precautionary action, therefore, addresses development through the promotion of clean production technology and methods. Given current clean production technology, information, and the current state of knowledge regarding environmental damage, it is particularly important that developing countries receive the means for avoiding or "jumping over" the environmentally destructive course of industrialisation taken by the industrialised states. The developed countries' industrialisation course has created many of the environmental and human health problems encountered today. All must benefit from the recognition of the fact that these environmental mistakes need not be repeated in order for development, and must not be repeated if the environment and human health are to be adequately protected now and in the long term. 4 RECOMMENDATIONS Pursuant to the foregoing analysis, Greenpeace urges that the issue of a precautionary, preventative approach to environmental protection, implemented through clean production methods, warrants special attention at the UN Conference on Environment and Development in Brazil 1992. Through this approach, toxic waste, products and processes can be reduced and eliminated.