Detic is the Belgian and Luxembourg association for producers and distributors of cosmetics, cleaning and maintenance products, adhesives, sealants, biocides and aerosols.
Detic would like to make comments on the proposed Royal Decree amending the Royal Decree of 27 May 2014 on the placing on the market of nanoparticle-manufactured substances, initiated by the Belgian Federal Public Service Environment.
Please find a summary of our comments below. For more detailed comments, we refer to our contribution in attachment.
In the proposed amendment, the scope of the current royal decree would be extended to biocidal products, cosmetic products, food contact materials and pigments. None of the sector organizations or any stakeholder were informed and consulted for this proposed extension, which could heavily impact the companies. There is also no evaluation and impact assessment on the functioning of the current royal decree (royal decree of 27 May 2014).
Furthermore, the definition for the proposed products and the scope are not clear. There exist a legal definition for cosmetic products under regulation EC 1223/2009. In the proposed amendment the Belgian authorities have not taken into account this legal definition and products like hair and make-up accessories as well as small electronic devices are listed under cosmetic products.
Last but not least, there are existing EU legislations for biocidal products (EU Biocidal Product Regulation EC 528/2012) and cosmetic products (EU Cosmetic Product Regulation EC 1223/2009). With the existing EU legislation for biocidal products and cosmetic products and the existing available data and safety gate, the extension of the Belgian nano register to these products would hamper the EU single market. The possible obligation to register biocidal products and cosmetic products containing nanomaterials in Belgium would create a barrier to trade. All these data are available and asking these data again on Belgian level is very redundant and adds a heavy and unnecessary administrative workload for companies.
