Environmental and health issues: The case for a precautionary approach Nanomaterials Environmental and health issues: The case for a precautionary approach David Azoulay, Center for International Environmental Law (CIEL) Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

OUTLINE Introduction Health and Environment: knowns and unknowns Dealing with uncertainty The role of regulation and precaution Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

And there is a lot we can learn from our past experiences Nanotechnologies and nanomaterials is not only about our future, it is our present too. Nanotechnology is new and exciting. It is not the first technological innovation we have to deal with as a society (nor the last). And there is a lot we can learn from our past experiences Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

Nano Tox 1.0.1 Nanomaterials show distinct toxicological properties than the same substance in Bulk form, and size threshold is arbitrary The potential toxic impact depends on particle numbers and surface area rather than mass Release of nanomaterials can occur at every stage of the life cycle The knowledge about nanomaterial toxicity is still fractional. Especially in relation to long term environmental, and chronic health impacts. Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

What we do know Certain Carbon Nanotubes behave just like asbestos; Certain Nanoparticles have the ability to cross the brain/blood barrier and placenta; Certain Ti02 nanoparticles can be transmitted across generations; Some nanoparticles have shown toxicity to fish species and fresh water ecosystems; soil ecology and major crops etc… Main toxicty mechanisms include Oxydative stress, Inflammation, genotoxic potential, reproductive nano toxicity, mechanical interaction and tissue changes, protein and lipid damage, and enzyme disruption. http://www.ciel.org/reports/toxicity-of-engineered-nanomaterials/ Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

What we don’t know Which type of nanomaterials have the most potential for toxicity; What happens to NMs in the gastrointestinal tract; Limited (but growing) knowledge about toxokinetics; Which nanomaterials are produced where, and in what quantities. Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

The uncertainty problem The field of nanotechnologies exemplifies the question of uncertainties inherent to the development of new technologies: Scientific uncertainties -Will endure. Unavoidable -Should not be obstacle to develop nanotechnologies responsibly, merely a challenge. Legal uncertainties -Technically avoidable -Extremely costly -Serious obstacle to a competitive chemical industry The hard commitment to keep regulation to the bare minimum possible is extremely costly in terms of both public and private resources (E.g.: Cost of French register of nanomaterials Vs cost of opposing transparency measures). Ask Otto here who has spent the better part of last years trying to prevent the adoption of a EU register? As ECHA who has been mobilizing several people just to access the basic information from manufacturers (and will now mobilize the whole board of appeal of ECHA) Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

The Precautionary Principle: If we want to minimize costs to business and public authorities alike, we must use the tools we have to deal with scientific uncertainties in the legal and policy arena: The Precautionary Principle: In case of serious potential damages, scientific uncertainty can not be used to delay adequate measures to prevent Their occurrence. Btu we all know what the general wisdom about precaution is, right? It’s bad for innovation. But is it really ?? Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

Yes but… Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

Does Precautionary regulation really hinders Innovation? Case study http://www.ciel.org/wp-content/uploads/2015/07/Nano_ToxicRisks_Nov2014.pdf Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

New inventions in response to stricter laws Precaution and innovation workshop – Brunel June 22/23 2015

“innovation is indeed being changed by regulation, but that there is a redirection of innovative efforts into more socially approved areas, rather than an absolute decline.” Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

PEN Salt Chemicals, 1947 Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015

THANK YOU FOR YOUR ATTENTION AND QUESTIONS Contact: David Azoulay dazoulay@ciel.org http://www.ciel.org/issue/nanotechnology/ Kuala Lumpur SAICM regional meeting, March 23rd / 27th 2014

Resources http://www.ciel.org/news/ciel-partners-publish-recommendations-for-the-safer-development-of-nanotechnology-for-the-eus-reach-regulation-implementation/ http://www.ciel.org/project-update/safe-development-of-nanotechnologies/ http://www.ciel.org/wp-content/uploads/2014/10/Nano_Reach_Study_Feb2012.pdf Nanotechnology for a competitive chemical industry, Bxl Sept , 9th 2015