Nanomaterials and REACH: "No Data, No Market" Rule to Apply to Nanomaterials

Date: Apr 15, 2009

The European Parliament is calling for stronger regulation of nanomaterials.

The European Parliament recently adopted a report on the "Regulatory Aspects of Nanomaterials" inviting the European Commission to review all relevant legislation and to implement the principle of "no data, no market" for all applications of nanomaterials in products with potential health, environmental or safety impacts over their life cycle.


The European Parliament believes that current legislation does not adequately cover the potential risks associated with nanomaterials.


More specifically, the European Parliament proposes to adopt the following measures:

  • ensure that existing or new legislation address the specific issues involving exposure of nanomaterials to which workers, consumers and/or the environment may be exposed;
  • compile by June 2011 a public inventory listing the different types and uses of nanomaterials on the European market; and
  • establish a special program directorate to monitor nanotechnologies and nanomaterials.

In addition, the Parliament wants to see nanomaterials explicitly addressed within the scope of existing legislation such as REACH, the Biocidal Products Directive, EU food law, legislation on worker protection, as well as legislation on air quality, water quality and waste.

Regarding the REACH Regulation, the report proposes several amendments:


  • A simplified registration procedure for nanomaterials manufactured or imported in the EU.
  • The preparation of a chemical safety report for all registered nanomaterials, irrespective of hazard identification.
  • The notification of all nanomaterials placed on the market on their own, in preparations or in articles, irrespective of tonnage and concentration thresholds.

In addition, the report calls for the urgent development of adequate testing protocols and metrology standards to assess the hazards of, and exposure to, nanomaterials over the entire life cycle, using a multi-disciplinary approach.

The report will now be forwarded to the European Council, Commission, and the governments and parliaments of the Member States for discussion and adoption.

For more information, please contact Herb Estreicher at (202) 434-4334 or visit khlaw.com.