Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2023

Commission consultation, 30 November 2023

NOVEL FOODS - Commission consultation: Revision of the definition of engineered nanomaterial in food

Commission Consultation: Draft Delegated Regulation amending Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods as regards the definition of ‘engineered nanomaterials’

A copy of the consultation document and draft is available on this site (click on image).

The draft is open for consultation until 28 December 2023. For more details and to comment on the draft, see the consultation page: Revision of the definition of engineered nanomaterial in food. The following is the opening section of the document:

1. CONTEXTOFTHE DELEGATED ACT

According to Article 31 of Regulation (EU) 2015/2283 of the European Parliament and Council on novel foods, the Commission is empowered to adopt a delegated act to adjust and adapt the definition of engineered nanomaterials established in point (f) of Article 3(2) in line with technical and scientific progress or with definitions agreed at international level.

This Delegated Regulation adapts the definition of ‘engineered nanomaterial’ set out in Regulation (EU) 2015/2283 by transposing the main technical elements of the general definition of nanomaterial established in Commission Recommendation 2022/C 229/012 which was elaborated based on the state-of-the-art technical and scientific developments.

Therefore, the definition of nanomaterials set out in Commission Recommendation 2022/C 229/01 and the technical and scientific elements underpinning it have served as basis for the revision of the definition of ‘engineered nanomaterials’ set out in Regulation (EU) 2015/2283.

The amended definition of ‘engineered nanomaterial’ aims at ensuring the regulatory coherence of the nanomaterials definition used in EU legal framework, and at addressing implementation issues related to the current definition of ‘engineered nanomaterials’


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