Regulating nanotechnology in the European Union

Abstract:

For the regulation of nanotechnology, the presumption is that the EU will adopt a cautious approach, whether or not based on the current regulation. Much like in the US and elsewhere, there is no tailor-made regulatory framework for nano. Part of industry fears that REACH, the new EU’s chemical policy, may be used as a source of inspiration, which would imply a qualified shift of the burden of proof of safety, from the authorities to the manufacturer. Product liability is less likely to play a preponderant role, at least at the EU level (as opposed to the Member States), as the EU’s harmonisation in this field in practice is limited only.