The European Commission's (Commission) Better Regulation Strategy (BRS) is the major guideline for the Commission to assess legislation. It draws on regulatory impact assessment (RIA) via cost–benefit analysis (CBA), expert advice, and simplification in EU law–making. Yet, the practice of RIA by the Commission as well as in EU member states, while unavoidably incomplete, has shown avoidable shortcomings. The Commission's New Better Regulation Strategy of 2015 (NBRS) contains language that appears to address these shortcomings. If pursued consequentially, it would require an approach that resembles what has been called responsive behavioural regulation. At the same time, global initiatives from inter alia the World Bank emerge to include behavioural insights into policy analysis in the form of responsive regulation. This piece assesses potential models of RIA that can help to articulate the behavioural assumptions which are implied by NBRS as enshrined in the policy document “Better regulation for better results”. The methodological implications of the NBRS require a significant departure from the reliance on classical CBA, which is characteristic for the previous “Better Regulation” documents submitted by the Commission and which we term Old Better Regulation Strategy (OBRS).

The rise of the sharing economy is transforming the way we produce and consume goods and services. This transformation requires a revision of current legal rules concerning sectors where the sharing economy is emerging. Taking the regulation of the taxi industry as a main example, this article analyses why those rules ought to be reviewed, the obstacles law makers have to face in order to perform such a task, and the regulatory strategies they could use for that purpose. The paper considers a variety of regulatory approaches including regulatory impact assessment, legal variation, the coexistence of different legal regimes, experimental legislation and compensation.

The Transatlantic Trade and Investment Partnership (“TTIP”) has been hailed as an opportunity for the world's two largest consumer markets to expand inter- regional trade, investment and jobs, and to secure greater regulatory convergence that could considerably reduce costly and market-distorting extra-territorial non-tariff regulatory trade barriers. As fears of potential adverse effects on the World Trade Organization’s multilateral trading system have abated after the Doha round stalled, the initiation of the TTIP has been welcomed by the business communities on both sides of the Atlantic.

Notwithstanding the anticipated benefits, questions arise with respect to both the way the negotiations are conducted and the topics covered. The TTIP negotiating mandate covers three main elements: (i) market access, (ii) regulatory convergence, and (iii) trade rules addressing shared global challenges.

This article focuses on the use and regulation of eight toxic pesticides in agricultural production in China. The pesticides are bifenthrin, chlorpyrifus, diazinon, dimethoate, methidathion, omethoate, phosmet and phosphamidon. These pesticides pose widely recognised public health risks in China. So far as we know, the article is the first article in English ever to treat these pesticides systematically from the standpoint of the regulation of risks to human beings and to the environment. Adopting perspectives from public health, economic sociology and law, the article considers the principal characteristics of these pesticides, the main health risks associated with their use in agricultural production and how these pesticides in agricultural production are currently regulated in Chinese law. It identifies a series of policy implications and makes specific policy recommendations concerning risk regulation of these eight pesticides.

As a volcano refugee in Frankfurt, it was rather interesting to see a slow motion regulatory science disaster taking place. On April 14 2010 the Icelandic volcano Eyjafjallajökull erupted sending millions of tons of ash into the upper atmosphere. The ash cloud, blown by the prevailing winds, moved down over northern Europe. European air traffic authorities, following well established and widely published safety protocols, began shutting down the air transport system due to the well known hazard of volcano ash. The shutdown lasted 6 days and soon became an unequal political contest between airline money on the one side and regulatory science on the other. In a classic case of shooting the messenger bringing bad news the responsible airline parties tried to shift the blame for shutdown to the regulators, while nervous governments quailed before the bullying of the airline executives.

In this article, we present some major lessons drawn from a recently completed research project. Our research dealt with ex ante evaluation, mainly impact assessment (IA).We shed new light on research questions about the control of bureaucracy, the role of IA in decisionmaking, economics and policy learning, and the narrative dimension of appraisal.We identify how our findings stand in relation to conventional arguments about these issues, and reflect on their normative implications. We finally reason on the possible extensions of our arguments to the wider field of policy evaluation, connecting IA and ex post evaluation.

In several ways, the revelations that Volkswagen used software to cheat on vehicle emissions tests echo common threads of greenwashing cases against car manufacturers. However, in one significant respect, the Volkswagen scandal is much more than just another example of greenwashing. That is, the German automaker's use of software to deceive brings a novel technological aspect to greenwashing. This article discusses the Volkswagen scandal in the context of automobile greenwashing cases and highlights this newhigh-tech greenwashing.

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

Although scholars have described and commented on the European New Approach to standardisation principles, they have paid much less attention to the ways in which this innovative process and its follow-on, i.e. the Global Approach, have been implemented. In many cases, this comes through the day-to-day activity of a very specific population of European experts, the notified bodies. Notified bodies, whose role it is to certify that products, for a given sector, comply with the essential safety requirements set out in the corresponding directive, originate from the Member States, but also compete against each other within a European certification market. This article examines the technical and political difficulties encountered by the Commission and the Member States in ensuring both the independence and the competences of these certifiers. It describes and questions the organisational architecture devised in response to these problems.

Recent calls for transparency targeted towards regulatory bodies such as the US Food and Drug Administration has prompted investigation into the indubitable adoption of such measures. Specifically, the FDA's quarterly postings of AERS (Adverse Event Reporting System) signals on its CDER (Center for Drug Evaluation and Research) website, stemming from FDAAA legislation introduced in September 2007, is analysed from a risk perception and communication perspective. This paper consists of two qualitative studies examining public perceptions and subsequent reported behaviour related to increased transparency. Interviews were conducted on two separate samples of seventy respondents in both Pittsburgh and New York City. The results found that signals postings may prove counter productive in terms of increased public alarm and early or inappropriate termination of a drug appearing on the list. We also found communication from the FDA perceived as inaccessible or confusing, particularly that the AERS signals are posted strictly on the web, while the majority of our respondents cited their primary and secondary media sources as broadcast television. We recommend that the FDA reconsider its communication strategy of AERS to the public as it may prove to be a ‘transparency step too far.’

The risks of technological accidents in the energy sector and their potentially disastrous effects have been analyzed over the past decades, and are nowadays generally recognized to constitute a key factor in an encompassing assessment of energy security. In contrast, the issue of intentional attacks on energy infrastructures has received increased attentionmore recently, particularly due to growing dependence of energy imports fromand transit routes through regions considered less reliable and politically stable. Both types of risks, however, illuminate different vulnerabilities. Therefore, the focus of the present analysis was on these two risk categories: accidents and intentional attacks in the energy sector. Risk assessment resultswere based on quantitative data from the databases ENSAD (Energy-related Severe Accident Database) and EIAD (Energy Infrastructure Attack Database). Evaluations examined similarities and differences between technological accidents and intentional attacks in terms of frequencies and consequences, considering time-series trends and regional patterns. A key difference is that accidents are typically rare and independent events, whereas intentional attacks are often multiple events and concentrated both in time and space, resulting in distinct hotspots. Concerning consequences, the severity distribution for accidents generally stretches over a broad range, with low-probability high-consequence events being an important factor of both energy chain performance and as a measure of risk aversion. On the other hand, these types of consequences are usually less important for intentional attacks because targeted energy infrastructures are often of “linear” nature (e.g. pipelines and transmission lines) that are difficult to protect and usually lead through remote areas with low population density. However, when frequently attacked substantial business and supply disruptions can occur. In summary, the joint analysis of accidents and intentional attacks provides a comprehensive and complementary approach on two types of risks that have rather different properties, but are essential in an energy security perspective.

At the end of August 2014, scientists and policymakers from forty-eight countries gathered at the Heritage Hotel in Auckland, New Zealand to debate the science and art of scientific advice. Jointly hosted by Sir Peter Gluckman, chief scientific advisor to the PrimeMinister of NewZealand, and the International Council for Science (ICSU), the Auckland summit was the largest ever meeting of its kind, attracting science advisors, advisory bodies and academic experts fromAlbania to Zimbabwe, and a host of countries in between.

Over two days of intense discussion, participants debated structures and methods for the provision of scientific advice in emergency situations, across national and disciplinary boundaries, and on contested topics,where science, values and politics collide. The meeting ended with a call to strengthen collaboration between advisory systems, an agreement to formalize the network, and a commitment tomeet again in 2016. As Sir Peter Gluckman said afterwards: “Our goal was to start a global conversation on the practices and challenges of conveying science advice to governments…The meeting has highlighted a real thirst among practitioners to share models and lessons.”

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges.

“After a reform is before another reform.” This paraphrasing of a famous saying from the world of football seems to be a very fitting way to describe the status quo of the European policy on genetically modified organisms (GMOs).

The adoption of the REACH regulation, setting out to reformchemicals policy of the European Union (EU), was accompanied by intense controversy over the role of the precautionary principle. Analysing decision making on so called Substances of Very High Concern (SVHCs), this article demonstrates that despite legal underpinning, precaution plays a limited role in the implementation of the REACH authorisation procedure. Due to ambiguous legislative provisions, the controversiesof the legislativeprocessare carriedover tothe implementationprocess.

Food producers and consumers are confronted with ever-growing choices and increasing competition within the EU and around the world. This has already led to various cases of food fraud and a call for political and legal action. Food fraud can be defined as ‘‘the deliberate and intentional substitution, addition tampering or misrepresentation of food, food ingredients or food packaging, labelling, product information, or false or misleading statements made about a food product’’. Meanwhile, the issue of “food fraud”, by means of employing names, symbols and images of third countries and thereby inducing a false impression on the consumer, appears to have been neglected despite its increasing economic impact. While the EU recently approved two new Geographical Indications (hereinafter, GIs) from third countries, the issue of the protection of Italian products against “rip–off Italian products” with Italian sounding names has taken centre–stage again.

There is much to be welcomed concerning the role blockchain technology can play in modernising and enhancing international trade, creating a more level playing field and reducing costs. However, it goes without say that the technology also brings with it the risk of abuse leading to trade-based money laundering. This article explores how anti-money-laundering legislation should respond to the use of blockchain technology in shipping and trade. Maritime trade poses unique challenges because of several significant factors: the fact that it concerns large sums but many linked trading transactions over the same goods; its use of documents and involvement of numerous faceless entities; and its cross-border setting. Drawing on tried and tested forms of blockchain technology-based trade transactions, this work examines the fault lines in the current regulatory system and questions how best these gaps should be remedied. It also stresses that even states that have banned the issue and trade of cryptoassets might not be immune to these new challenges.

The Commission has proposed to legitimise the renationalization of the cultivation of GMOs (Genetically Modified Organisms) accepting the request of a group of Member States who raised concerns at the Environment Council of June 2009 regarding the EU-wide decisions on GMO2 cultivation.