Challenges of the future Belgian nano-register
A decree on the planned nano-register was approved and published by the Belgian government in February. The register is scheduled to come into effect on the 1st of January 2016 and on the 1st of January 2017 for substances manufactured at the nanoscale and compositions containing substances manufactured at the nanoscale, respectively. An overview of the challenges of the future Belgian nano-register was now presented by a Belgian attorney.
To start with, agreeing upon a definition of the term "nanomaterial" was a difficult task. So far the EU has not published an official definition. Therefore the Belgian government decided to make use of the recommended definition issued by the European Commission in 2011. This approach led to many discussions before the release of the decree. Its legal practicability was doubted by various stakeholders. Under the future register, it is left to the enterprises to decide whether a substance produced or used by them is encompassed by the definition. However, when violating their obligation to report, sanctions can be imposed on them by the responsible institutions.
The nano-register covers substances or products being imported to or produced in Belgium. It is essential, though, that the aforementioned substances and products are the object of a transfer between professional users. For instance, a product being delivered directly to consumers is not encompassed by the register. Substances and products which are already recorded due to a EU-specific regulation (cosmetics and biocide) or are object of a national law are not part of the register either.
The registration is divided into two different procedures and is administered by the Health Ministry (SPF - Santé publique, Sécurité de la Chaîne Alimentaire et Environnement). An enterprise will either need to fill a declaration or hand in a notification. The correct method of registration is determined by a set of criteria, the notification being intended for more complex products. The registration process is likely to be organised on an online-platform, allowing the responsible authority to require more information or access to the substances or products in case of lack of clarity or suspected danger.
Furthermore, enterprises are obligated to inform their workforce on products and substances being registered in the Belgian nanoregister or in one of the EU-regulations.
After the French and the Danish register, the Belgian register is the third of its sort and clearly reinforces the pressure to newly discuss a nano-register on the EU-level.
Source: The future Belgian register for nanomaterials: challenges ahead for the nanotechnology community, Anthony Bochon, Spotlight Nanowerk, September 2014.
Image Source: © 2014 The Innovation Society Ltd.