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European Parliament approaches Nanomaterials in Electrical and Electronic Equipment with strong Language and a heavy Hand
Published: Tuesday 27 April 2010
The European Parliament’s Committee on the Environment, Public Health and Food Safety (ENVI) has voted on the adoption of suggested amendments to the current regulation on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) (ROHS/WEEE).
Following the first recast drafts for amendments suggested by the European Commission specific consideration of ‘nanotechnology’ and ‘nanomaterials’ was introduced into the Parliament’s suggested amendments in January 2010; in particular, the current amendments demand special consideration of nanomaterials under the new Directive, singling out nanosilver and carbon nanotubes in a number of cases and specifically demanding notification, labelling, and prevention/prohibition.
A full summary of the nano-specific amendments currently suggested by the Parliament’s ENVI Committee can be downloaded here.
Amendment on general inclusion of ‘nanomaterials’ into the recast:
Amendment 80, Recital 3b (new): (3b) There is scientific uncertainty about the safety of nanomaterials for human health and the environment, no internationally agreed definition of a nanomaterial and no internationally agreed test guidelines; [...] (Justification: A 2009 research project on emerging nanotechnologies found that about 807 products are available on the market containing nanomaterials, some of which are EEE. There is a common agreement amongst nanotoxicologists that risks of severe impacts on health and the environment are real, precautious measures are therefore warranted in regards to nanomaterials. [...].) [1]
Some amendments on Notification & Labelling:
Amendment 97, Recital 14a (new): (14a) [...] In order to enable the Commission to assess the safety of nanomaterials in electrical and electronic equipment, economic operators should notify the use of nanomaterials in electrical and electronic equipment and provide all relevant data with regard to their safety for human health and the environment. [...] Producers should label electrical and electronic equipment that contains nanomaterials to enable consumers to make an informed choice. (Justification: Nanosilver is already being used as an antimicrobial in EEE, e.g. as a coating for mobile phones, or even released by washing machines. Apart from such uses being superfluous, they endanger human health and the environment. [...] We need to put an end to the lack of information about the use and the safety of nanomaterials in EEE. Producers should be obliged to report uses and safety data to allow the Commission to prepare for the necessary legislative action, and label their products accordingly.)
Amendment 261 (Kathleen Van Brempt, Judith A. Markies, Åsa Westlund), Article 6 - paragraph 1 - indent 3 a (new): - labelling requirements for the substances included in Annex IVa (new) in accordance with Article 4(1)b (new), 1 with regard to the improvement of recyclability. [...] A standard for the identification and detection of nanomaterials needs to be developed, to be used for this Directive, but also in view of broader application for other legislation with relevance to nanomaterials. [...]
Some amendments on the potential definition of ‘nanomaterial’ within the recast:
Amendment 159 (Jill Evans), Article 3 - point p a (new): (pa) "nanomaterial" means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic to the nanoscale. Properties that are characteristic to the nanoscale include:
- (i) those related to the large specific surface area of the materials considered
and/or - (ii) specific physico-chemical properties that are different from those of the nonnanoform of the same material.
(Justification: A definition of nanomaterials needs to be introduced. The definition here is the one agreed to by all three institutions in the context of the regulation on novel food.)
Amendment 160 (Kathleen Van Brempt, Judith A. Merkies, Åsa Westlund), Article 3 - point p a (new): (pa) ‘nanomaterial’ means any intentionally produced material that has one or more dimensions of the order up to 300 nm or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions up to the order of 300 nm, including structures, agglomerates or aggregates, and those which may have a size above the order of 300 nm but retain properties that are characteristic to the nanoscale:
- (i) properties related to the large specific surface area of the materials considered;
- (ii) specific physico-chemical properties that are different from those of the nonnanoform of the same material.
(Justification: With regards to labelling of specific nano-substances and potential future provisions on nanomaterial, a comprehensive definition of nanomaterial is necessary in order to maximise consumer protection. This should take into account a wide size range (up to 300nm), the specific nano-properties of these particular materials, and encompass the agglomerates and aggregates.)
Amendment 175 (Åsa Westlund), Article 3 - point p a (new): (pa) “nanomaterial”: any intentionally produced material in which the particle size has been altered. (Justification: A definition of nanomaterials is justified given that they are mentioned in the Directive.
Several members of the ENVI Committee furthermore suggested the inclusion of (specific) nanomaterials into ANNEX III and ANNEX IV (i.e. substances of unacceptable risk to human health or the environment and/or prohibited substances; ANNEX III: Substances referred to in Article 4(7), ANNEX IV: Prohibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materials adopted).
Follow these link to find out more about the ENVI Committee’s activities wrt the ROHS/WEEE Directives Recast, to download the amendments currently suggested by the ENVI Committee (77-196, 197-339), or to download a full summary of the nano-specific amendments currently suggested by the Parliament’s ENVI Committee (provided by NIA).