European Commission’s definition for nanomaterials starts the debate on appropriate regulation

18 October 2011

The European Commission has today adopted a recommendation for a single definition of nanomaterials - innovative materials used in a rapidly increasing number of everyday products covered by many different regulatory frameworks.

The global market for nanomaterials is fast growing - $87bn in 2007 and predicted to reach $263bn by 2012. Studies have shown many nanomaterials to be hazardous to human health and the environment (their small size allows them to be easily and unknowingly internalised by both animals and humans).

Vito Buonsante, ClientEarth chemicals lawyer, said:

“We welcome the announced regulatory definition of nanomaterial by the European Commission. The definition is not perfect and we are concerned that the Commission chose not to follow the advice of its scientific advisory committee (SCHENIR) in selecting the appropriate distribution threshold.  However, we welcome the fact that parts of the definitions are flexible in order to address specific health and environmental concerns. Further, the 2014 review clause will serve as a deadline to assess how and if the Commission has effectively put in place measures to ensure that the hazards of nanomaterials are properly assessed and that the risk arising from the use of nanomaterials in the workplace and in products are controlled.

“There will be no excuse for manufacturers and importers of nanomaterials that fall in the scope of the definition to provide the data on the risk of nanomaterials and to comply with the basic principle of the REACH Regulation: it is for the manufacturers, importers and downstream users to ensure that they manufacture, place on the market or use such substances in a way that they do not adversely affect human health and the environment. All data gaps, for substances falling in the scope of the definition must be filled and appropriate risk management measures, when relevant, must be taken.

“We expect that both the European Chemicals Agency (ECHA) and Member States will particularly focus their attention on substances in the nanoform in the course of dossier and substance evaluation. Further, a precautionary approach to the use of nanomaterials must be applied. It would be unacceptable if regulators allow substances for which the potential hazards are still unknown to contaminate our food chain, pollute the environment and allow exposure to workers and consumers.

“It is now urgent to have a clear and trasnsparent picture of the extent to which nanomaterials are present in consumer products by setting a harmonised mandatory declaration scheme in order to create a database of nano containing products.”

ENDS

To speak to Vito Buonsante contact the ClientEarth communications office, t. + 44 (0) 203 030 5951; m. + 44 (0)7841 918 770; e. This e-mail address is being protected from spambots. You need JavaScript enabled to view it