Nanotechnologies : Vers une meilleure évaluation des risques[en] 

Nanotechnology involves the manipulation of materials and the creation of structures and systems that exist at the scale of atoms and molecules. Industry is increasingly using nanotechnologies in sectors such as medicine, consumer products (food, electronics, and cosmetics), information technology and the environment. 

While some nano-products are already being mass-produced (such as face cream, tooth paste, shampoo, deodorant, sunscreen) major gaps remain concerning the exposure risk associated with nanomaterials and the political debate on regulating nanotechnologies is just beginning.

The EU's approach to nanotechnologies, put forward in the nanotech action plan  is 'safe, integrated and responsible'. The Commission is currently checking whether nanotechnologies are already covered by other existing community legislation, to tackle the regulatory aspects on the field and considering implementation and enforcement tools for a specific legislative framework.

According to the Commission environmental and health risks of nanomaterials are "in principle" covered by the EU regulatory framework but  implementation of the legal framework remains difficult because of scientific knowledge gaps on nanomaterials and a fast-evolving market for products. 

Dupont and Environmental Defense have launched a "systematic and disciplined process to evaluate and address the potential risks of nanoscale materials" - the Nano Risk Framework . 

The Framework, which contains guidelines that can be used by companies to assist in the risk assessment related to nanoparticles in a specific product was published in June 2007 after two years of co-operation within a multidisciplinary team, drawn from both organisations with expertise in biochemistry, toxicology, environmental sciences and engineering, medicine occupational safety and health, environmental law and regulations, product and business development. 

The unusual collaboration between a green NGO and a large industrial group comes amid calls to regulate the use of nanotechnologies and apply a moratorium on their use until health and safety checks are in place.

"We wanted to make sure that risks could be safely managed before developing the technology,” explained Scott Walsh, project manager at Environmental Defense, and Terry Medley, global director of regulatory affairs at DuPont, presenting the framework at a 26 June conference in Brussels, hosted by the European Policy Center. 

The Nano Risk Framework is formulated into a document establishing a process, including five concrete steps that aim to assess the risk present in nanotechnology materials: 

• Describe material and application (Step 1): The first step is to develop basic descriptions of the nanoscale materials and their intended users. 
• Profiles lifecycles (Step 2): This includes a process to establish three types of profiles of the nanomaterial: properties profile, hazard profile, exposure profile. 
• Evaluate Risks (Step3): The information generated in Step 2 is reviewed in order to characterise the nature, magnitude and probability of risks presented by specific nanomaterials. 
• Assess Risk Management (Step 4): The aim is to assess options available to manage risks identified in step 3. 
• Decide, Document and Act (Step 5): Here, the user decides to further develop or produce the nanoproduct and share relevant information with stakeholders. 

David Byrne, former commissioner for health and consumer protection, said: "If industry doesn't succeed a broad collaboration to prepare the public, it will have difficulties to make the public accepting the new technology; for that reason the approach adopted by Dupont and Environmental Defense is moving in the right direction." 

"At Dupont, we have adopted this approach as a part of our mandatory product stewardship process, and we encourage others to do the same. While we do not see this framework as a substitute for regulation, we hope that it assists governments in drafting appropriate, we hope that it assists governments in drafting appropriate regulations" said Linda Fisher, DuPont  vice-president and chief sustainability officer.

"Our intent is to help reap the full promise of this technology without creating unintended consequences. We want to get this right the first time around."  said Director of Corporate Partnerships at Environmental Defense Gwen Ruta.  

“Nanotechnology is an emerging discipline in which we know so little information that’s why we can not take shortcuts to understand the behaviour of nanotechnology” said Scott Walsh, Project manager at Environmental Defense, presenting the framework at Brussels conference.  

However, Linda Nielsen, from the Bio-Nano Law Centre, Copenhagen University, warned that DuPont and Environmental Defense "could only contribute to achieve the framework’s goal ie to evaluate and address the potential risks of nanoscale materials, as the lack of scientific knowledge is still an impediment". 

"I think that this is an impressive systematic approach with very concrete, specific step; however, the lack of information is still a crucial issue even with the framework: it would be a mistake to say we have a framework, we can go on with nanotechnologies," Nielsen noted.

"The application of environmental law on nanotechnology, including safety and work place directive, REACH and waste-management legislation, is very limited. We don't have the appropriate instruments: we are waiting for a reaction from the European Commission," said MEP David Hammerstein-Mintz, member of the Industry, Research and Energy Committee. 

Friends of the Earth and Greenpeace call for a ban on nanoproducts until proper safety checks take place: "We recommend that the European Union enforces a moratorium on further commercial release of these nano-laced products in the EU. Such products currently on the market should be withdrawn until adequate, publicly available, independent peer-reviewed safety studies have been completed," stated FoE.