On 14 June 2022, the new Commission Recommendation on the definition of nanomaterial was published in the Official Journal of the European Union. This new definition replaces the 2011 definition and is intended to apply horizontally across all EU regulations, including those that currently have a sectoral definition, as is the case for cosmetics.
According to the European Commission, the “review of the Recommendation 2011/696/EU concluded with the adoption of the revised Recommendation on 10th June 2022. The definition in the new Recommendation has been modified in several ways to facilitate implementation and the uptake of the horizontal definition in the legislation. It has however retained the principal features of the old definition and it will not significantly alter determinations already made.”
Regarding its implementation, the Commission says that “it is expected the different individual sectors will update their internal definition, replacing the old definition with the new one by copying the text of the definition or by referring directly to the Recommendation.”
And its ads that for the regulation of cosmetic products, this will be addressed in the framework of the revision of Regulation 1223/2009, as the public consultation on this subject (open until 21 June 2022) includes a question on the definition of nanomaterials.
The “Whereas” of Recommendation
(1) Commission Recommendation 2011/696/EU has been applied as a reference for determining whether a material should be considered a “nanomaterial” for legislative and policy purposes in the Union, supporting efficient and consistent implementation across sectors. Recommendation 2011/696/EU refers to a later review of …
