L 34326 Official Journal of the European Union 19.12.2013 COMMISSION DELEGATED REGULATION (EU) No 1363/2013 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 » (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 ('), and in particular Article 18(5) thereof, Whereas: Article 18(3) of Regulation (EU) No 1169/2011 provides that all food ingredients present in the form of engineered nanomaterials have to be clearly indicated in the list of food ingredients to ensure consumer information. In addition, the names of food ingredients present in the form of engineered nanomaterials have to be followed by the word ‘nano’ in brackets. Accordingly, Regulation (EU) No 1169/2011 provides for a definition of ‘engineered nanomaterials’. Article 18(5) of that Regulation empowers the Commission to adjust and adapt the definition of ‘engineered nanomaterials’ referred to therein 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 that Regulation. On 18 October 2011, Commission Recommendation 2011/696[EU (3) was adopted, responding, amongst others, to a request from the European Parliament for the introduction of a comprehensive science-based defi- nition of nanomaterials in the Union legislation. The definition set out in that Recommendation is based solely on the size of the constituent particles of a material and covers natural, incidental and manufactured materials. It takes into account, amongst others, the European Commission Joint Research Centre’s Reference Report ‘Considerations on a Definition of Nanomaterial for Regulatory purposes’ (}), the opinion of the Scientific () OJ L 304, 22.11.2011, p. 18. () Commission Recommendation 2011/696/EU of 18 October 2011 on the definition of nanomaterial (O] L 275, 20.10.2011, p. 38). () EUR 24 403 EN, June 2010. Committee on Emerging and Newly Identified Health Risks (SCENIHR) concerning the ‘Scientific basis for the definition of the term “Nanomaterial”’ (*) and the defi- nition of ‘nanomaterial’ developed by the International Organization for Standardization (ISO) (°). According to Recommendation 2011/696/EU, the defi- nition of ‘nanomaterial’ set out therein does not prejudge, nor reflect the scope of application of any piece of Union legislation. In a Communication to the European Parliament, the Council and the European Economic and Social Committee on the Second Regulatory Review on Nano- materials (°), the Commission expressed its intent to apply the definition of ‘nanomaterial’ as set out in Recommendation 2011/696/EU to Union legislation. Where other definitions are used in EU legislation, provisions will be adapted in order to ensure a consistent approach, although sector specific solutions may remain necessary. It is therefore appropriate to adapt the definition of ‘engineered nanomaterials’ laid down in Regulation (EU) No 1169/2011 to that provided in Recommendation 2011/696/EU, which reflects technical and scientific progress to date. Since the definition laid down in Regulation (EU) No 1169/2011 refers to ‘engineered nanomaterials’ and not to ‘nanomaterials’ in general, natural and incidental nano- materials should not be included in the definition. Moreover, it is appropriate to link the definition of ‘engineered nanomaterials’ to intentionally manufactured material, which should be explicitly defined. This defi- nition should take into account the definition adopted by ISO, according to which ‘engineered nanomaterial’ is ‘nanomaterial designed for a specific purpose or func- tion’ (7). () http://ec.europa.eu/health/scientific_committees/emerging/docs/ scenihr_o_032.pdf () http://cdb.iso.org () COM(2012) 572 final, dated 3.10.2012. () http://cdb.iso.org