Nanotechnology and environmental protection – legal mechanisms

Abstract

EU legal regulations address environmental protection in terms of the application of nanotechnology only in a fragmented, piecemeal manner. The assurance of the possibility of placing nanomaterials on the watch list of substances for which the monitoring data for substance serialisation is to be collected for a review of the List of priority substances in the field of water policy (Article 8b section 1 of Directive 2008/105/EC), the possibility of taking into account nanomaterials contained in electrical and electronic equipment under the selective processing of materials and components of waste electrical and electronic equipment (Article 8 section 4 of Directive 2012/19/EU), and the possibility of classifying nanomaterials into restricted substances in electrical and electronic equipment (Article 6 section 1 of Directive 2011/65/EU) serve to reduce the risk of using innovative nanotechnology applications for human health and the environment. As a consequence of the lack of scientific knowledge underpinning environmental regulation, including the techniques for the detection, measurement and characterisation of nanomaterials and their monitoring and the lack of data on their toxicity, nanomaterials continue to be underregulated.