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September 29, 2017

Switzerland Intends to Require Notification of Fibrous Nanomaterials Placed on the Market

Lynn L. Bergeson Carla N. Hutton

On September 29, 2017, Switzerland notified the European Commission (EC) of a draft amendment to the Ordinance on Protection against Dangerous Substances and Preparations.  The notification states that the Ordinance on Protection against Dangerous Substances and Preparations regulates the risk assessment of chemicals and the requirements to be fulfilled for using and placing on the market of chemicals that could endanger human health or the environment.  According to the notification, the draft amendment introduces, among other things, a risk-based obligation for the manufacturer/importer to communicate:

  1. Chemical intermediates traded in Switzerland; and
  2. Fibrous nanomaterials placed on the market.

The obligation must be fulfilled within three months after the first placing on the market.  The notification includes the following grounds for the fibrous nanomaterials requirement:  “The new obligation should give an overview to the authorities and the public over the fibrous nanomaterials placed on the market.  Regulatory risk reduction measures are possible if special risks are recognized.”