The European Commission published a recommendation on the definition of nanomaterials for the first time in 2011 (2011/696/EU), which has been updated in 2022 (2022/C 229/01). The term "nanomaterial" covers materials consisting of particles in solid state, present on their own or bound as constituent parts of aggregates or agglomerates, provided that 50 % or more of the number of particles fulfil at least one of the following conditions:
• one or more external dimensions of the particles are in the size range 1 nm to 100 nm;
• the particles have an elongated shape such as a rod, fibre or tube, where two external dimensions are smaller than 1 nm and the other dimension is larger than 100 nm;
• the particles have a plate-like shape, where one external dimension is smaller than 1 nm and the other dimensions are larger than 100 nm.
This updated recommendation is intended to serve as a basis for the definition of nanomaterials in various areas of legislation. However, the Commission also allows certain amendments or derogations in specific areas of legislation, for example excluding certain materials from the scope of application of specific legislation or legislative provisions even if they are nanomaterials according to this recommendation. It may likewise be considered necessary to develop regulatory requirements for additional materials not falling under the definition of the present recommendation in the context of specific legislation.
The term "nanomaterial" is defined in the following regulations as follows:
The definition in the EU Cosmetic Products Regulation (EC) No. 1223/2009 was developed prior to the publication of the European Commission's first definition proposal (2011/696/EU). In the EU Cosmetics Regulation, a nanomaterial means "an insoluble or biopersistant and intentionally manufactured material with one or more external dimensions, or an internal structure, on the scale from 1 to 100 nm." Materials with an internal nanostructure are, for example, nanocomposites.
The EU Biocidal Products Regulation (EU) No 528/2012 defines a nanomaterial as "a natural or manufactured active substance or non-active substance containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm."
The EU Novel Foods Regulation (EU) 2015/2283 defines the term "engineered nanomaterial " as " any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale". Nanoscale refers to a size range between 1-100 nm.
The EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH , (EC) No. 1907/2006 defines in the revised Annexes (EU) No. 2018/1881 "nanoforms" of a substance as “a form of a natural or manufactured substance containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1 nm-100 nm, including also by derogation fullerenes, graphene flakes and single wall carbon nanotubes with one or more external dimensions below 1 nm."
Other regulations such as for plant protection products (EC) No. 1107/2009, food contact materials (EC) No. 1935/2004 or feed (EC) No. 767/2009 do not contain a definition of the term "nanomaterial".
The European Commission published a recommendation on the definition of nanomaterials for the first time in 2011 (2011/696/EU), which has been updated in 2022 (2022/C 229/01). The term "nanomaterial" covers materials consisting of particles in solid state, present on their own or bound as constituent parts of aggregates or agglomerates, provided that 50 % or more of the number of particles fulfil at least one of the following conditions:
• one or more external dimensions of the particles are in the size range 1 nm to 100 nm;
• the particles have an elongated shape such as a rod, fibre or tube, where two external dimensions are smaller than 1 nm and the other dimension is larger than 100 nm;
• the particles have a plate-like shape, where one external dimension is smaller than 1 nm and the other dimensions are larger than 100 nm.
This updated recommendation is intended to serve as a basis for the definition of nanomaterials in various areas of legislation. However, the Commission also allows certain amendments or derogations in specific areas of legislation, for example excluding certain materials from the scope of application of specific legislation or legislative provisions even if they are nanomaterials according to this recommendation. It may likewise be considered necessary to develop regulatory requirements for additional materials not falling under the definition of the present recommendation in the context of specific legislation.
The term "nanomaterial" is defined in the following regulations as follows:
The definition in the EU Cosmetic Products Regulation (EC) No. 1223/2009 was developed prior to the publication of the European Commission's first definition proposal (2011/696/EU). In the EU Cosmetics Regulation, a nanomaterial means "an insoluble or biopersistant and intentionally manufactured material with one or more external dimensions, or an internal structure, on the scale from 1 to 100 nm." Materials with an internal nanostructure are, for example, nanocomposites.
The EU Biocidal Products Regulation (EU) No 528/2012 defines a nanomaterial as "a natural or manufactured active substance or non-active substance containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm."
The EU Novel Foods Regulation (EU) 2015/2283 defines the term "engineered nanomaterial " as " any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale". Nanoscale refers to a size range between 1-100 nm.
The EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH , (EC) No. 1907/2006 defines in the revised Annexes (EU) No. 2018/1881 "nanoforms" of a substance as “a form of a natural or manufactured substance containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1 nm-100 nm, including also by derogation fullerenes, graphene flakes and single wall carbon nanotubes with one or more external dimensions below 1 nm."
Other regulations such as for plant protection products (EC) No. 1107/2009, food contact materials (EC) No. 1935/2004 or feed (EC) No. 767/2009 do not contain a definition of the term "nanomaterial".