European Commission proposes a new definition of nanomaterials

On 10 June 2022, the European Commission released a new recommendation updating the definition of nanomaterials that should inform EU legislation on the topic. A deliverable of the EU Chemicals Strategy for Sustainability, this new recommendation updates the definition established in Recommendation 2011/696/EU. Being set out in Commission recommendations, the definitions are not binding, but they orient the application of relevant legislation and can be used in binding rules and regulations.

The new definition clarifies the characteristics of particles composing nanomaterials. While the 2011 Recommendation only defined them in general terms, the new one specifies rules for particles having elongated or plate-like shapes.

The new definition also eliminates a flexibility clause relative to the threshold for the amount of particles under a certain size. In the 2011 Definition, the general rule was that nanomaterials were materials composed of at least 50% of said particles. However, in cases justified on environmental, health, safety or competitiveness grounds, lower thresholds may apply. The possibility of establishing lower thresholds is not included in the new recommendation. This is expected to minimize the potential for divergence between different legal frameworks.

While the definition is not binding, it will orient the development of the legal framework, for instance, in relation to upcoming reviews of general and product-specific chemicals legislation.