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GENEVA, Feb 6 (KUNA) -- A new report by the nonprofit Center for
International Environmental Law (CIEL) said, on Monday, that the European
Union's primary regulation on chemicals is failing to identify or control
nanomaterials.
Nanomaterials, tiny manmade particles with extraordinary properties, are a
fast-growing component of cosmetics, clothing, consumer electronics, and other
products.
REACH, a regulation of the European Union, was adopted to improve the
protection of human health and the environment from the risks that can be
posed by chemicals, while enhancing the competitiveness of the EU chemicals
industry. It also promotes alternative methods for the hazard assessment of
substances in order to reduce the number of tests on animals.
According to CIEL's David Azoulay, author of the report, "Three years ago,
the Commission declared that REACH theoretically covered nanomaterials; but
they continue to enter the EU market with little or no information on their
potential risks, violating REACH's 'no data, no market' principle.
The problem is that the regulation contains legal gaps and shortcomings
that render it completely ineffective for nanomaterials."
The study documents four key gaps for nanomaterials in the registration
phase of REACH, an essential step that requires chemical manufacturers and
importers to provide key health and safety information.
REACH does not define nanomaterials, and contains no nano-specific
provisions;
Most nanomaterials evade registration until 2018, yet they can still enter the
EU market;
REACH's schedule for registration hinges on the number of tones of a
chemical, essentially missing all nanomaterials, which are generally produced
in far smaller quantities; and
REACH test guidelines fail to consider the special properties of
nanomaterials.
"Just Out of REACH" also explores possible remedies to close these
loopholes. Some have suggested renegotiating REACH to add specific provisions
on nanotechnology. But this is politically impossible and could invite further
weakening of the current regulation. Others have suggested changes to the
technical guidance, but the study shows that these so-called solutions fall
short of bridging the existing legal gaps.
Rather than re-opening REACH, the report proposes developing a stand-alone
regulation, carefully aligned with the chemical rules, but specifically
tailored to nanomaterials. According to Azoulay, "REACH could prove a useful
instrument to better understand and regulate nanomaterials, provided it is
coupled with a nano 'patch' that closes these inherent loopholes."
Such a regulation would establish clear, legally binding provisions for
nanomaterials and create a transparent and predictable legal environment for
the safe production and use of nanomaterials in the EU.
This solution should be flexible and allow for future adjustments as
nanomaterials are better understood, without requiring additional changes to
REACH.
"Flexibility must be a critical characteristic of any effort to regulate
nanomaterials," says Azoulay. "Our understanding is still very limited; it
will evolve, and our legal responses must be ready to do so as well. A
"nano-patch" for REACH would provide that added flexibility."
Founded in 1989, the Center for International Environmental Law (CIEL, uses
the power of law to protect the environment, promote human rights and ensure a
just and sustainable society.
With offices in Washington, DC and Geneva, CIEL's staff of international
attorneys and experts work in the areas of human rights and the environment,
climate change, law and communities, chemicals, trade and the environment,
international environmental governance, biodiversity and international
financial institutions by providing legal counsel and advocacy, policy
research and capacity building. (end)
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