EU to review nanomaterials policies
The EU executive plans to respond positively to the European Parliament's call for a number of EU policies and regulations covering health and environmental safety issues related to nanomaterials to be reviewed, according to a conference speech by the Environment Commissioner.
In an October 9, 2009, speech at the stakeholder conference concerning nanomaterials on the market, Stavros Dimas, European Commissioner for the Environment, stated that the European Commission (EC) “will review all relevant legislation within two years to ensure safety for all applications of nanomaterials in products with potential health, environmental, or safety impacts over their life cycle.”
The EC’s review is in response to an April 24, 2009, resolution adopted by the European Parliament that questions whether current legislation covers the relevant risks relating to nanomaterials and asks the EC to consider whether revisions are necessary to address nanomaterials. The Parliament argued that in the absence of any nano-specific provisions in Community law and given the lack of appropriate data and methods to assess risks related to nanomaterials, it is impossible to address their risks within the framework of current EU legislation. According to EurActiv, the Commission has adopted its response to the Parliament's request, but is yet to officially send it. As on many other EU policy areas, there is internal disagreement on the matter within the EU executive. While its departments for environment and health back stronger legislation and precautions on the matter, the department for enterprise and industry could do with less stringent or specific legislation.
Dimas stated that the EC “has not made up its mind on how precisely to get the information needed.” The EC intends to look at measures taken by member states and non-European Union (EU) countries, including voluntary reporting programs.
Dimas stated that nanomaterials are covered by REACH under the definition of a chemical substance, and the general obligations therefore apply as for any other substance. "The important question to ask," according to Dimas, "is whether what falls below the threshold may represent a risk to health and the environment. For standard chemicals the tonnage threshold is, I believe, appropriate, but the question is whether this is equally true for nanomaterials."
"Once we have a better idea of the scope and nature of nanomaterials on the European market we can then take a step back and go through the rules. We will need to consider whether registration of the majority of nanomaterials will take place in 2010 or only at the end of the registration timetable in 2018 and if there are some nanomaterials that will not be registered under REACH. We will also need to look at other key provisions in REACH to see if they are adequate for nanomaterials."
Sources: Nanotechnology Law Blog, EurActiv, RAPID Press Release