G/TBT/N/EU/144/Rev.1
26 November 2014 
(14-6895)  Page: 1/2
Committee on Technical Barriers to Trade  Original: English
 
  NOTIFICATION 
Revision 
The following notification is being circulated in accordance with Article 10.6. 
 
1. Notifying Member: EUROPEAN UNION 
If applicable, name of local governme nt involved (Articles 3.2 and 7.2):    
2. Agency responsible:  European Commission 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Commission, 
EU-TBT Enquiry Point, 
Fax:  +(32) 2 299 80 43, 
E-mail:  eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/enterprise/tbt/   
 
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Foods with 
ingredients present in the form of 'engineered nanomaterials'. 
5. Title, number of pages and langua ge(s) of the notified document: Draft 
Commission Delegated Regulation amending  Regulation (EU) No 1169/2011 of the 
European Parliament and of the Council on the provision of food information to consumers 
as regards the definition of 'engineered nanomaterials' (6 pages, in English). 
6. Description of content: Regulation (EU) No 1169/2011 of the European Parliament and 
of the Council of 25 October 2011 on the provision of food information to consumers establishes the general principles, requirem ents and responsibilities governing food 
information, and in particular food labelling.  
In order to inform consumers of the presen ce of engineered nanomaterials in food, 
Regulation (EU) No 1169/2011 provides that all ingredients present in the form of engineered nanomaterials must be clearly indicated in the list of ingredients and the 
names of such ingredients must be followed by the word 'nano' in brackets. In addition, it 
provides a definition of engineered nanomaterials, which may be adjusted and adapted to technical and scientific progress or to definitions agreed at international level, by means of 
delegated acts, for the purposes of achieving the objectives of the Regulation. 
On 18 October 2011, the Commission adopted Recommendation 2011/696/EU on the 
definition of nanomaterial.  
On 12 December 2013, the Commission adopted a Delegated Regulation amending 
Regulation (EU) No 1169/2011 as regards the definition of ‘engineered nanomaterials’ 
(notified under reference G/TBT/N/EU/144). The proposed definition, amongst others, G/TBT/N/EU/144/Rev.1 
 
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  excluded food additives set out in the EuropeanUnion lists referred to in Article 4 of 
Regulation (EC) No 1333/2008 of the Euro pean Parliament and of the Council by 
Commission Regulations (EU) No 1129/2011 and (EU) No 1130/2011. 
On 12 March 2014, the European Parliament objected to the Commission delegated 
Regulation, by means of a Resolution, as it excluded certain food additives from the 
definition of ‘engineered nanomaterials’.  
The notified draft Delegated Regulation adapts the definition of 'engineered nanomaterials' 
laid down in Regulation (EU) No 1169/2011 to the Commission Recommendation 
2011/696/EU, taking into account the position of the European Parliament.  It differs from the draft Delegated Regulation notified under  G/TBT/N/EU/144 in that the exemption of 
certain food additives from the scope of the definition of engineered nanomaterials has 
been deleted.  Also, recitals (6) and (8) have been revised slightly for purposes of 
clarity.
 
7. Objective and rationale, including th e nature of urgent problems where 
applicable:  Consumer information, Labelling  
8. Relevant documents: Regulation (EU) No 1169/2011 of the European Parliament and of 
the Council of 25 October 2011 on the provis ion of food information to consumers  
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDF  
Commission Recommendation 2011/696/EU of 18 October 2011 on the definition of 
nanomaterial 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:275:0038:0040:EN:PDF  
European Parliament resolution of 12 March 2014 on the Commission delegated regulation 
of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards 
the definition of ‘engineered nanomaterials’ (C(2013)08887 - 2013/2997(DEA))  
http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//T EXT+TA+P7-TA-2014-
0218+0+DOC+XML+V0//EN 
9. Proposed date of adoption: 1st half of February 2015 
Proposed date of entry into force: 20 days from publication in the Official Journal of the 
EU (publication to take place 2 to 4 months after adoption) 
10. Final date for comments: 60 days from notification 
11. Texts available from: National enquiry poin t [   ] or address, telephone or fax 
numbers and email and website addresse s, if available, of other body:   
https://members.wto.org/crnattachments/2014/TBT/EEC/14_5251_00_e.pdf