New ERIF Report: Novel Regulatory Philosophies
The EU’s flagship Green Deal encompasses a political vision of a more sustainable, cleaner, greener and more resilient future. Whilst there is widespread support for the overall outcomes (political ‘ends’) being sought by the EU, achieving them will be influenced critically by the choice of policy ‘means’.
Across the OECD area, ‘likelihood of harm’ remains the dominant regulatory philosophy for the management of potential risks to humans and nature posed by the development, production and use of technologies. However, no physical material, substance or product can be inherently safe. All pose potential threats of harm to man or nature, depending on usage and exposure. Governments have, therefore, sought to manage possible risks by ensuring safety, whilst facilitating ‘safe use’.
This traditional approach is being increasingly challenged by the progressive introduction, at EU-level, of ‘Novel Regulatory Philosophies’ (NRPs). Overall, these constitute a radical shift in the way technologies will be managed in the EU. NRPs encompass a range of new ideas that are mostly untried, untested, and often controversial. Foremost amongst these at time of writing are regulatory initiatives on intrinsic properties, essential use, persistence without toxicity, and safe and sustainable by design. Other novel regulatory initiatives are also in progress or understood to be tabled.
However, no structured and objective public debate has informed the introduction of these novel philosophies. This is a serious gap.
The ERIF seeks to inform the public debate about the role that Better Regulation should play in shaping the delivery of the Green Transition and Strategic Resilience. To this end, we have undertaken comprehensive research to identify the characteristics of the new approach; to develop a comprehensive typology; and to discuss the likely impacts resulting from the combined application of the NRPs. This is the first time that such an exercise is carried out.
On this page, we publish the resulting report, which also recommends appropriate ways forward to address the major challenges identified. The report is based on extensive stakeholder interviews and supporting desk research. Numerous practical examples of the issues raised are included in inset boxes throughout the text.
ERIF's LinkedIn page contains a series of posts and commentaries further highlighting the main sections of the report.
Novel Regulatory Philosophies
- ERIF Monograph – Full Report
- ERIF Monograph – Executive Summary
- ERIF Monograph – Foreword
- ERIF Better Regulation Event - Concluding Remarks
- ERIF Policy Note 35 Novel Regulatory Philosophies: Future directions and implications for Better Regulation
- ERIF Highlights Note 13 The European Green Deal and Better Regulation
- ERIF Highlights Note 16 "Essentiality", Better Regulation and Management of Risk from Technologies
- ERIF Highlights Note 18 Allocation of Capital, Better Regulation and delivery of the Green Deal
- ERIF Highlights Note 19 Innovation, Essentiality and Better Regulation
- ERIF Highlights Note 20 Likelihood of Harm, Safety and Safe Use
- ERIF Highlights Note 21 Novel Regulatory Philosophies - Future directions and implications for Risk Mana