Wrestling with uncertain risks: EU regulation of GMOs and the uncertainty paradox

The Origins of “Risk” as an Idea and the Future of Risk Regulation

“…38 So far, the EU's search for the "right" model of risk regulation has been accompanied by an inner struggle, and many contradictions both in legal norms and regulatory practices. 39 Perhaps the biggest paradox is that despite the widespread acknowledgement of the limitations of regulatory science as the basis for public decision-making, EU decision-makers continue to justify regulatory decisions on risk and technology almost exclusively in scientific terms, 40 thereby falling victim to the critique of reductionism as articulated above. This is not the place to unpack this paradox.…”

The EU Seveso regime in practice

“…In other risk regulatory settings, van Asselt and Vos [8,16] observed an uncertainty paradox: uncertainty about risks is acknowledged, but nevertheless the role of experts in general and of risk assessors in particular is framed in terms of providing certainty. Although some limits to controllability are recognized in the Seveso practice, generally speaking uncertainty with regard to accident risks is not broadly acknowledged in the Seveso regime.…”

How the Eu Handles Uncertain Risks: Understanding the Role of the Precautionary Principle

“…Likewise, companies have made efforts to downplay the risks associated with their entrepreneurial activities to prevent stricter regulation. In this regard, van Asselt and Vos (2008) illustrate that the biotechnology company Monsanto influences the risk regulation process by producing its own risk assessments for its products, which are then taken into consideration by the European Commission.…”