DEBATE: Can product stewardship replace regulation? Case nanomaterials Presentation: David Azoulay, Managing Attorney, CIEL, Switzerland​

1. Can product stewardship replace
regulation? Nanomaterials case study.
David Azoulay,
Center for International Environmental Law (CIEL)
Helsinki Chemical Forum, June 15th 2018

2. • Regulation or Product Stewardship… for what?
• Lessons from the past.
• Precaution based regulation and innovation
OUTLINE
Helsinki Chemical Forum, June 15th 2018

3.  REACH: Ensure high level of protection of human health and
environment … and Enhance competitiveness and innovation.
 Responsible Care: improve health, environmental performance,
enhance security, and to communicate with stakeholders about
products and processes.
 SAICM: achieve sound management of chemicals throughout their
life-cycle so that, chemicals are used and produced in ways that
lead to the minimization of significant adverse effects on human
health and the environment
Objective
Helsinki Chemical Forum, June 15th 2018

4.  Benzene, Asbestos, PCBs, Lead in petrol, C8, Tobacco,
Greenhouse gases etc….
 A long history and track records of denial of harm and
regulatory obstructions
 Systemic obstacles, uncertainty and cognitive dissonance
Lessons learned ?
Helsinki Chemical Forum, June 15th 2018

5.  Let’s talk Nano.. The Reach experience
 The uncertainty conundrum and the role of precaution
based regulation
Lessons learned ?
Helsinki Chemical Forum, June 15th 2018

6. Yes but…what about the
impact on innovation ?
Helsinki Chemical Forum, June 15th 2018

7. • Study recent measures to reduce the
risks of harm from additives to plastics
(phthalates),
• Use patent families as indicator of
rates of invention
Methodology
Helsinki Chemical Forum, June 15th 2018

8. New inventions
in response to
stricter laws
Precaution and innovation workshop – Brunel June 22/23 2015

9. Study shows that stricter rules sparks
inventions and development of
alternatives, including
improvements of pre-existing
alternatives
Helsinki Chemical Forum, June 15th 2018

10. Health and environmental
precaution based regulation not
only create a safer marketplace,
but also drive innovation towards
greater societal benefits.
Helsinki Chemical Forum, June 15th 2018

11. Kuala Lumpur SAICM regional meeting, March 23rd / 27th 2014
THANK YOU FOR YOUR ATTENTION
AND QUESTIONS
Contact: David Azoulay
dazoulay@ciel.org

12. Is innovation necessarily a good thing in and of itself ?
The story of a successful innovation, United States 1980’s
• New and innovative product
• Great Customer satisfaction
• Great business opportunities
• Welcomed by producers, distributors and consumers
alike
Precaution, regulation
and innovation
Helsinki Chemical Forum, June 15th 2018

13. Helsinki Chemical Forum, June 15th 2018