Recent Developments in the Regulation of Nanomaterials, Part 3 of 5 - France

A five part series by Linda Jensen

Part 3 of 5

In contrast to the general EU approach, France has chosen to pursue the enactment of legislation specifically targeting nanomaterials. The French provisions are part of a much larger environmental initiative known as the Grenelle project. The first phase, Grenelle I, which has been formally adopted, contains the following statement of principle concerning nanomaterials:

[translation] “The State sets itself the goal that, within two years after the law is adopted, the manufacture, importation, or marketing of nanoparticle substances or organisms containing nanoparticles or the product of nanotechnology will become the object of obligatory declaration, notably on quantities and uses, to the administrative authority as well as information to the public and to consumers.”[i]

Grenelle II, which implements the objectives of Grenelle I, was passed by the French Senate in October 2009 and the National Assembly in May 2010, but must be examined by a 14 member commission charged with the task of producing a version of the bill that satisfies both legislative bodies before it can be put to a final vote.[ii]

Grenelle II contains specific provisions imposing mandatory reporting and risk disclosure requirements on anyone who imports, manufactures or markets nanoparticle substances in France.[iii] These requirements are implemented as a new chapter in France’s Code de l’environnement (Environmental Code) addressing the prevention of health and environmental risks due to exposure to nanoparticle substances.  Under these rules, disclosure of the identity, quantity and uses of the substances will become mandatory, and transmission of data concerning hazards and exposure to the substances may also be requested. Amendments to other legislation besides the Environmental Code will extend the application of these rules to medicinal, cosmetic and phytopharmaceutical products that contain nanoparticle substances as components.

This article provides general information about the subject matter and does not constitute legal advice. Any individual or business affected by regulatory measures should seek advice from competent counsel or other qualified specialists.

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[i] Grenelle I, Projet de loi de programme relatif à la mise en œuvre du Grenelle de l’environnement, No. 200, Assemblé nationale, October 21, 2008, art. 37.

[ii] http://www.france-info.com/sciences-environnement-2010-05-11-le-grenelle-ii-adopte-par-l-assemblee-nationale-440678-29-31.html.

[iii] Grenelle II, Projet de loi portant engagement national pour l’environnement, No. 2449, Assemblée nationale, April, 9 2010, http://www.developpement-durable.gouv.fr/IMG/pdf/projet_loi_grenelle2-2.pdf. See art. 73.