Showing posts with label consumer. Show all posts
Showing posts with label consumer. Show all posts
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Reminder: Audio Conference on Consumers Rights in Water Services

Wednesday, June 2, 2010

Reminder: An audio conference with the topic "Protection of water consumer's rights in Indonesia" will be held on this page today, June 2, 19.00-20.30 (GMT+0) -- that's around 1.a.m. Jakarta Time (GMT+6)! The discussion will be in Bahasa Indonesia. Materials are available below. Read here for previous announcement.

 

 

Live Videos by Ustream




Materials

Discussion Paper titled  “Perlindungan Hukum Terhadap Konsumen Air di Indonesia” is downloadable here.  
Op-ed and blog posts:

Transparency in Water Services 
Indonesian Water Services Suffering from a Lack of Governance 
Supreme Court Decision on Water Monopoly in Batam 
Missing water and shadow users 
14 Disturbing Facts about Jakarta's Water 
Tomorrow, the Freedom of Information Law is in force! 
Three ways for your business to be implicated by the new Indonesian freedom of information law 
Where to complain for bad water services – a comparison 
Jakarta’s water crisis, whose fault? 
Human Right  Aspects of Private Sector Participation in the Water Sector 
Is water a commodity or human rights? 
The human right to water is not a property right 
Why busy with the right to water instead of governance 
Consultation on the Human Right  Aspects of Private Sector Participation in the Water Sector: more responses from the private sector 
The Economist and the human right to water 
Transparency Agenda in Water Utilities Regulation 
Hukum Air (Water Law) is not really a topic in Indonesia 
Papers: 
Safeguarding water contracts in Indonesia 
Constitutional Court review and the future of water law in Indonesia
Presentation: 
Anticipating water trade


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Protection of (Water) Consumer Rights in Indonesia (Online Discussion)

Saturday, May 29, 2010

Indonesia in Motion will hold an online discussion on how to protect water consumer’s rights in Indonesia. The discussion will be held in Bahasa Indonesia.

You can either register through event brite or follow the instructions below.  


Following is the announcement (in Bahasa Indonesia):

Serial diskusi 'Indonesia in Motion' Insya Allah akan mengudara lagi pada jumat pekan depan tanggal 2 Juni 2010. Dengan ini kami mengundang kembali Saudaraku semuanya untuk mengikuti seri diskusi online "Indonesia in Motion".
Waktu:  Rabu, 2 Juni 2010, pk. 19.00 - 20.30. (GMT + 0)

Pembicara: Mohamad Mova Al 'Afghani
(Ph.D Candidate, UNESCO Centre for Water Law, Policy and Science. University of Dundee, UK) 

Chair: Rizal Yaya
(PhD Student University of Aberdeen UK) 

Tema: "Perlindungan Hukum bagi Konsumen Air di Indonesia"

Diksusi tersebut sangat menarik mengingat belum lama ini Jakarta mengalami krisis air dan sangat mungkin kejadian serupa berulang kembali. Diskusi online akan dilakukan lewat fasilitas Yahoo Messenger. Untuk berpartisipasi, silakan add indonesiainmotion@yahoo.co.uk (Indonesia in Motion)

 
Tambahan informasi dari Indonesia Law Reporter:
Acara ini bisa juga diikuti dari twitter dengan menggunakan hashtag #lawtalk atau me reply ke @movanet atau mendengarkan broadcast di home page Web Conference Indonesia Law Report

Prosiding dari acara ini akan disiapkan oleh Indonesia in Motion. 

Bahan bahan diskusi.
Makalah diskusi dengan judul “Perlindungan Hukum Terhadap Konsumen Air di Indonesia” dapat di download di sini
Op-ed and blog posts:

Transparency in Water Services
Indonesian Water Services Suffering from a Lack of Governance
Supreme Court Decision on Water Monopoly in Batam
Missing water and shadow users
14 Disturbing Facts about Jakarta's Water
Tomorrow, the Freedom of Information Law is in force!
Three ways for your business to be implicated by the new Indonesian freedom of information law
Where to complain for bad water services – a comparison
Jakarta’s water crisis, whose fault?
Human Right  Aspects of Private Sector Participation in the Water Sector
Is water a commodity or human rights?
The human right to water is not a property right
Why busy with the right to water instead of governance
Consultation on the Human Right  Aspects of Private Sector Participation in the Water Sector: more responses from the private sector
The Economist and the human right to water
Transparency Agenda in Water Utilities Regulation
Hukum Air (Water Law) is not really a topic in Indonesia
Papers:
Safeguarding water contracts in Indonesia
Constitutional Court review and the future of water law in Indonesia
Presentation:
Anticipating water trade


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Hukum Air (Water Law) is not really a topic in Indonesia

Monday, May 24, 2010

 

I tried googling “water law” in Google.com (the Indonesian term is “hukum air”) and on the first google page, I found no reference to any site relevant to my search. If you click on the link, you will find that everything on the page is related to the religious law pertaining water for prayers or religious activities. None of them refers to water law.

image


I then googled “privatisasi air” (water privatization). Voila, everything in the first page is relevant. I scrolled down unto the 6th page, and everything reflects the true meaning of my google query.


image


From my queries, I can infer that water law is simply not (yet) a substantial part of the public discourse. But conversely, privatization is. So talks about water in Indonesia is dominated with the privatization discourse. What is interesting, the discourse of water privatization is much focused in the privatization of ‘water utilities’. If you speak bahasa Indonesia and google “privatisasi air”, you will find that most of the pages are critical towards the privatization of water utilities. Only one or two discusses water privatization in another context. Another thing: almost none (at least in google’s 1-3rd page) discusses sanitation.

On the one hand, it is a positive thing that privatisation is becoming a part of public discourse, but on the other hand, it is a pity that the debate is dominated only with privatisation of water utilities. What we need now is a better governance of our water (both resources and services) and law, is an important tool of governance. Privatization of utilities is only a small – albeit important and vital – part where law comes into play. But that’s not everything. We also need to think on how our resources is managed and how our services (both when they are public and private) are run.

It is not adequate for us to speak “against privatization”. We must also say what should be done when privatization is already the fact of life and what should be done when public ownership becomes the mode of delivery. Irrespective of the model (privatization or public ownership), in the end of the day, it is the consumer that needs to be defended. They need water to flow to their tap and they need the law to be on their side.  

Hence, water law should be in the discourse.

ps: if your google search (for hukum air) returns this post on the first page, then we might have contributed the “hukum air” meme into the discourse


Transparency in Water Services
Indonesian Water Services Suffering from a Lack of Governance
Supreme Court Decision on Water Monopoly in Batam
Missing water and shadow users
14 Disturbing Facts about Jakarta's Water
Tomorrow, the Freedom of Information Law is in force!
Three ways for your business to be implicated by the new Indonesian freedom of information law
Where to complain for bad water services – a comparison
Jakarta’s water crisis, whose fault? 
Human Right  Aspects of Private Sector Participation in the Water Sector
Is water a commodity or human rights?
The human right to water is not a property right
Why busy with the right to water instead of governance
Consultation on the Human Right  Aspects of Private Sector Participation in the Water Sector: more responses from the private sector
The Economist and the human right to water
Transparency Agenda in Water Utilities Regulation


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Indonesia: Turning Critics into Criminal (HRW 2010 Report)

Wednesday, May 19, 2010

 

The HRW 2010 report released earlier this May focused on Indonesia’s defamation law. According to the Human Rights Watch’s press release:

The 91-page report, "Turning Critics into Criminals: The Human Rights Consequences of Criminal Defamation Law in Indonesia," documents recent cases in which criminal libel, slander, and "insult" laws have been used to silence public criticism. Criminal defamation charges have been filed against individuals after they held public demonstrations protesting corruption, wrote letters to the editor complaining about fraud, registered formal complaints with the authorities, and published news reports about sensitive subjects.

In an SMH op-ed published today, the author of the report argue:

Not everyone in Indonesia who airs critical facts or opinions ends up accused of a criminal offence. But the arbitrary enforcement of such laws, and even the mere threat of enforcement, has a damaging chilling effect on civil society, the media, and private citizens' willingness to express critical thoughts or opinions, especially online.


The cover page of the report pictured Prita Mulyasari, the housewife sent to trial under the defamation law for complaining for a bad health service she had received from a hospital. In my earlier op-ed, I emphasize the need for an efficient and effective out of court settlement in health cases, such as that involving Prita’s:

In a market-based solution, the parties stay out of court. If the health service provider does something wrong, they pay the patient and the patient can agree not to sue at a price. If providers don't do anything wrong, they ask the patient to issue a public apology and a sum of money to the extent that they can pay. The cost expended in this mechanism is much lower compared to going to court. This mechanism requires the government to reduce information asymmetry in the market as parties can only negotiate when the evidence is available.

This report sends a very strong message to the international community and create pressures to the government that a reform is urgent. Click on the image below to download the full report:

 


Related posts:
Bringing patients to court may not be efficient
Housewife on trial for defamation



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Jakarta’s water crisis, whose fault?

Sunday, May 16, 2010

 

The company refused to be blamed:

 

“The massive silting that broke the pump in Pulogadung was caused by the declining quality of water. We fixed the pump and parts of the pipeline network,” Yosua said. “This  shortage is not entirely our fault.”
He said it would take more time for water to reach areas located farther from the main pipelines, which had been empty for days.
“And there are people in several neighborhoods in North Jakarta who collect water from hydrants too, and this makes [the distribution of water] even worse,” Yosua added.
Aetra Air Jakarta said it was becoming increasingly difficult to provide millions of Jakartans with potable water.
“The city has become overpopulated, and the levels of pollution have increased exponentially,” Yosua said. “These two factors greatly contribute to water  shortages in the city.”


Consumers are entitled to water services based on the service level as determined by law (if there are components of the service levels which are based on contracts, then they will not apply, as the law automatically derogates them). In Indonesia, water quality level is determined by the decree of the ministry of health  907/MENKES/SK/VII/2002 and Government Regulation 16/2005 (GR 16/2005) Article 6.2. In Jakarta, the continuity of water services is guaranteed by Regional by Law 13/92 and 11/93.

If any of these service levels are violated, based on GR 16/2005, consumer shall have the right to compensation. Article  67.1.a and 68.2.e of GR 16/2005 stipulates (in Bahasa):


(1) Setiap pelanggan air minum berhak:
a. memperoleh pelayanan air minum yang memenuhi syarat kualitas, kuantitas, dan
kontinuitas sesuai dengan standar yang ditetapkan;
b. mendapatkan informasi tentang struktur dan besaran tarif serta tagihan;
c. mengajukan gugatan atas pelayanan yang merugikan dirinya ke pengadilan;
d. mendapatkan ganti rugi yang layak sebagai akibat kelalaian pelayanan; dan
e. memperoleh pelayanan pembuangan air limbah atau penyedotan lumpur tinja.

Hak dan Kewajiban Penyelenggara
Pasal 68
(1) Setiap penyelenggara berhak:
a. memperoleh lahan untuk membangun sarana sesuai dengan peraturan perundangundangan;
b. menerima pembayaran jasa pelayanan sesuai dengan tarif/retribusi jasa pelayanan;
c. menetapkan dan mengenakan denda terhadap keterlambatan pembayaran tagihan;
d. memperoleh kuantitas air baku secara kontinu sesuai dengan izin yang telah
didapat;
e. memutus sambungan langganan kepada para pemakai/pelanggan yang tidak
memenuhi kewajibannya; dan
f. menggugat masyarakat atau organisasi lainnya yang melakukan kegiatan dan
mengakibatkan kerusakan prasarana dan sarana pelayanan.


(2) Setiap penyelenggara berkewajiban untuk:
a. menjamin pelayanan yang memenuhi standar yang ditetapkan;
b. memberikan informasi yang diperlukan kepada semua pihak yang berkepentingan
atas kejadian atau keadaan yang bersifat khusus dan berpotensi akan
menyebabkan perubahan atas kualitas dan kuantitas pelayanan;
c. mengoperasikan sarana dan memberikan pelayanan kepada semua
pemakai/pelanggan yang telah memenuhi syarat, kecuali dalam keadaan memaksa
(force majeure);
d. memberikan informasi mengenai pelaksanaan pelayanan;
e. memberikan ganti rugi yang layak kepada pelanggan atas kerugian yang
dideritanya;
f. mengikuti dan mematuhi upaya penyelesaian secara hukum apabila terjadi
perselisihan; dan
g. berperanserta pada upaya perlindungan dan pelestarian sumber daya air dalam
rangka konservasi lingkungan.
(3) Pemberian ganti rugi sebagaiman dimaksud pada ayat (2) huruf e diupayakan
berdasarkan penyelesaian di luar pengadilan atau melalui pengadilan.
(4) Upaya penyelesaian di luar pengadilan sebagaimana dimaksud pada ayat (3)
dilakukan dengan arbitrase atau alternatif penyelesaian sengketa sesuai dengan
peraturan perundang-undangan.

From the legal point of view, consumer has the right to receive the continuity, quality and quantity of water as prescribed by law. They should be compensated if these rights are interrupted or not fulfilled due to the negligence committed by water undertakers. GR 16/2005 above also prescribes that water undertaker must pay a decent compensation to consumer for the loss they sustained. Although GR 16 is not particularly clear on what it means by ‘loss’ but this is likely to be a term for ‘violation of service levels’. 

Hence, under the law, ‘whose fault’ is not really the question for consumer. GR 16 does not differentiate whether the fault lies on the part of the bulk water supplier (in this case, PT Jasa Tirta) or the treatment and distribution facility (in this case, Palyja or Aetra). What the law require is for the consumer to be compensated, irrespective of whose fault it is.

'Whose fault’ is more a question for the government. The government is the one responsible to provide accountability mechanism in response to the complicated structural arrangement in the water sector. The government should determine where the liability lies and direct the compensation fund from the liable party to consumer.

More in this issue: my interview with Kompas (in Bahasa). 

 

Related Posts:
14 Disturbing Facts about Jakarta's Water
Supreme Court Decision on Water Monopoly in Batam
Water companies duty to satisfy reasonable demands



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Where to complain for bad water services – a comparison

Tuesday, May 11, 2010

 

If you are in England, UK:

 

 

http://www.ccwater.org.uk/

Consumer Council for Water : Consumer Council for Water via kwout

 

 

If you are in Victoria, Australia:

 

 

 

If you are in Indonesia:

 

 

 

 

With one caveat however. The Indonesian Ombudsman does not deal particularly with water (or utilities issues). So I have no idea how they can help, especially when the service is privatized. Read my article here.

 

Related Posts:

 

Missing water and shadow users
Human Right Aspects of Private Sector Participation in the Water Sector
14 Disturbing Facts about Jakarta's Water
Water companies duty to satisfy reasonable demands

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Water companies duty to satisfy reasonable demands

 

 



Suppose you have just built a new home in a nice city. All your neighbours has water connection, unfortunately, the local water company refuse to extend their pipes into your property. Do you think they are acting against the law?

 

Before we argue on the basis of positive law, I will first raise the issue on what the law ‘should be’ : Do you think the law should obligate water companies to provide connections to consumer? To put it into other terms, can water companies refuse a connection request? If they can, under what basis?

 

The answer to the first question is ‘yes’. The reason is because water is a special kind of good. Many authors classify it into merit good and quasi public good, I do not wish to discuss this in a more detail. To illustrate, consider the differences of buying water from buying clothes. In buying clothes, you have a number of option, you can go either to debenhams, zara or marks & spencer. But for water, it is likely that you are stuck with only one company for the whole city. If that company refuses to trade, then you are doomed. This is what natural monopoly is all about in practice: consumer is stucked with few option or no option at all. Existing customer also find it difficult to exit from the market as no competitor is available in their local. So, unless the water company is regulated, they can do anything they want.

 

How should the law deals with this phenomenon?

 

The English Law obligates water companies to ‘satisfy reasonable demands’. This is what the Water Industry Act 1991 says:

 

Domestic connections
45Duty to make connections with main

(1) Subject to the following provisions of this section and to sections 46 and 47 below, it shall be the duty of a water undertaker (in accordance with section 51 below) to make a connection under this section where the owner or occupier of any premises in the undertaker’s area which—

(a)consist in the whole or any part of a building; or

(b)are premises on which any person is proposing to erect any building or part of a building,

serves a notice on the undertaker requiring it, for the purpose of providing a supply of water for domestic purposes to that building or part of a building, to connect a service pipe to those premises with one of the undertaker’s water mains.

(2)Where a notice has been served for the purposes of this section, the duty imposed by subsection (1) above shall be a duty, at the expense of the person serving the notice, to make the connection required by the notice if—

(a)the main with which the service pipe is required to be connected is neither a trunk main nor a water main which is or is to be used solely for the purpose of supplying water otherwise than for domestic purposes; and

(b)such conditions as the undertaker may have imposed under sections 47 to 50 below have been satisfied;

and, subject to section 51 below, that duty shall arise whether or not the service pipe to which the notice relates has been laid when the notice is served.

(3)A notice for the purposes of this section—

(a)shall be accompanied or supplemented by all such information as the undertaker may reasonably require; and

(b)if the notice has effect so that a requirement is imposed on the undertaker by virtue of section 46(4) below, shall set out the matters that have given rise to the imposition of that requirement;

but, subject to section 51(5) below and without prejudice to the effect (if any) of any other contravention of this subsection, a failure to provide information in pursuance of the obligation to supplement such a notice shall not invalidate that notice.

(4)The duty imposed on a water undertaker by this section shall be owed to the person who served the notice by virtue of which the duty arises.

(5)Where a duty is owed by virtue of subsection (4) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.

(6)Where a water undertaker carries out any works which it is its duty under this section to carry out at another person’s expense, the undertaker shall be entitled to recover from that person an amount equal to the expenses reasonably incurred by the undertaker in carrying out the works.

(7)Nothing in this section or in sections 46 to 51 below shall impose any duty on a water undertaker to connect a service pipe to any premises with a service pipe to any other premises.

(8)In the following provisions of this Chapter a notice served for the purposes of this section is referred to as a connection notice.

 

 

Now let’s see what the Indonesian Law ( Government Regulation 16 Year 2005) suggests:

 


Hak dan Kewajiban Penyelenggara
Pasal 68

 

(2) Setiap penyelenggara berkewajiban untuk:
a. menjamin pelayanan yang memenuhi standar yang ditetapkan;
b. memberikan informasi yang diperlukan kepada semua pihak yang berkepentingan
atas kejadian atau keadaan yang bersifat khusus dan berpotensi akan
menyebabkan perubahan atas kualitas dan kuantitas pelayanan;
c. mengoperasikan sarana dan memberikan pelayanan kepada semua
pemakai/pelanggan yang telah memenuhi syarat, kecuali dalam keadaan memaksa
(force majeure);
d. memberikan informasi mengenai pelaksanaan pelayanan;
e. memberikan ganti rugi yang layak kepada pelanggan atas kerugian yang
dideritanya;
f. mengikuti dan mematuhi upaya penyelesaian secara hukum apabila terjadi
perselisihan; dan
g. berperanserta pada upaya perlindungan dan pelestarian sumber daya air dalam
rangka konservasi lingkungan.
(3) Pemberian ganti rugi sebagaiman dimaksud pada ayat (2) huruf e diupayakan
berdasarkan penyelesaian di luar pengadilan atau melalui pengadilan.
(4) Upaya penyelesaian di luar pengadilan sebagaimana dimaksud pada ayat (3)
dilakukan dengan arbitrase atau

 

Sorry for non English speakers. Article 68(2) of GR 16/2005 regulates the  obligations of a water undertaker in Indonesia. Unfortunately, the obligations they owed is only towards existing customers. I am unable to find any provisions obligating the undertakers to extend their pipes to prospective customers. There is, however, a general obligation for the Regional Government to provide water services to citizens in their locale (See Art. 40.c).

 

Hence, if you complain why your water company refuse to extend their pipes to your newly erected building or homes, the law may not be on your side. Sorry :(

 

Related Posts:

Indonesian Water Services Suffering from a Lack of Governance

Supreme Court Decision on Water Monopoly in Batam 

Missing water and shadow users
Troubled Waters: Confronting the Water Crisis in Australia’s Cities (Free Ebook)
14 Disturbing Facts about Jakarta's Water


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Is Skype Auto Recharge setting illegal?

Sunday, July 12, 2009

I am a regular skype user and found that its auto-recharge feature is annoying. Recently I found out that I am not the only one with this problem. Consider for example, this, this, this and this.

Auto recharge is of course a feature that can help many users. It can however, be illegal if it is entered into without the full informed consent of the consumer.

There is a part of the purchase page where we are supposed to tick the auto-recharge box. If this box is automatically ticked by skype, I think it will give a reason for either unconscionability challenge that may entitle consumer for liquidated damages or simply a violation of consumer protection laws.

Now, to answer the question of fact: Do you experience that skype auto recharge setting is 'by default'? Let me know your answer.

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Environmental, Health and Safety Policy Recommendation

Tuesday, December 12, 2006

ICF International, a consulting services company for technology solutions in the energy, environment, transportation, social programs, defense, and homeland security markets had released its recommendation on Environmental, Health and Safety Policy recommendation for the US Government, in a 36 page document.

One thing I like from the document is the way it explains and analyse inter-departemental competence in US Government in handling Nanotechnology's Environmental, Health and Safety (EHS) issues. On the other hand, I am quite pessimistic that this report can encompass all of Nanotech's EHS issue.

The Reason? They focus mainly on the toxicity of nanomaterials (See: Part I, Framing the issue). The whole set of assumption which forms the rest of the report is based on this. It is not that this issue is not important, it is important and it reflects the most "current" nanotech EHS issue. However, it may not be that current in one or two years. Thus, I don't think that the rest of the recommendation can cover Nanotech EHS issue, other than the relationship between nanomaterials to human and the environment.

EHS issue on the second and third generation nanotechnology which covers active nanostructure will also need to be addressed. So far, I have not discover any research focusing on this.

You can download ICF International report here.

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Unwise Nanotechnology Regulation

Monday, December 11, 2006

Neil Lane's statement is compelling:

"In my view, given what's at stake, this situation is unacceptable. I fear that nanotechnology may be heading for a fall. A major environmental, medical or safety problem -- real or bogus -- with a product or application that's labeled 'nanotechnology' -- whether it actually is nanotechnology or not -- could dampen public confidence and financial investment in nanotechnology's future, and could even lead to unwise regulation. We should not let this happen," stated Dr. Lane.

As stated by NSF, Nanotechnology development will occur in these stages:



1st Generation: Passive nanostructures

2nd Generation: Active nanostructures
3rd Generation: Systems of nanosystems
4th Generation: Molecular nanosystems

Each generation of nanotechnology will bring different effects and entails different risks. First generation Nanotech will carry environmental risks. The question is always about nanotoxicity. It will therefore require (i) sufficient testing methods and (ii) development of (iii) pre-market testing for health and environmental impact, (iv) life cycle assessment (v) methods for reducing exposure.

Coping method: Reform and adaptation of environmental and health laws

Second and third generation nanotech carries a different risk in the form of system instabilities: "your biosensors is malfunction", "the nanodynamo isn't working", "how come my drug is directly excreted out of body"?

Coping method: Consumer law oriented. Reform on product liability/service liability rules.

The last generation of nanotechnology -- molecular manufacturing -- will be the most complicated and bring enermous affect. First generation oriented legislations will be absolutely obsolete. Some second generation laws can probably inspire the fourth generation nanotechnology regulation, but gaps are unavoidable. CRN is the only organisation that focuses specifically on fourth generation nanotechnologies. All of these risks must be dealt from now on as even early studies on the fourth generation nanotechnology may not be sufficient to mitigate the risk.

Possible coping method: (i) Informational law oriented, major overhaul on information
management laws. (ii) Application of legal futurism studies




(Many Thanks to: Mike Treder/CRN)

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REACH is not enough, new labelling method might be required

Monday, December 4, 2006

Scientific Committee on Emerging and Newly-Identified Health Risks (SCENIHR) is one of the three independent scientific committes managed by the EU's directorate general of health and consumer protection. Its task is in giving considerations and insights into "where amendments are needed to procedures for assessing risk of the products of nanotechnologies, and identifies areas where major gaps in knowledge exist."

The EU Comission launched a public consultation in December 2005 and published its recommendations based on the consultation:

With regards to Hazard Evaluation, "The SCENIHR opinion highlights that the paradigm for nanotoxicology does not exist and there is a need for a case-by-case assessment of environmental and health impacts of nanotechnology products" and consider it beneficial to "bench mark studies, including reference materials with very well understood toxicology in man, such as quartz and asbestos."

In its report, it acknowledges that "Due to the lack of available data on the risk characterisation of different nanoparticle-based products, no generic conclusions are possible at this stage.
Consequently, each product and process that involves nanoparticles must be considered
separately.."

The SCENIHR listed a few type of risks associated with certain circumstances:
  • Worker safety during the manufacture of nanoparticles.
  • Safety of consumers using products that contain nanoparticles.
  • Safety of local populations due to chronic or acute release of nanoparticles from manufacturing and /or processing facilities.
  • The impact on the various environmental compartments per se resulting from production, formulation and use, and on the potential for human re-exposure through the environment.
  • The environmental and human health risks involved in the disposal or recycling of nanoparticle dependant products.
These characterisation by the SCENIHR reflects the possibility of regulating nanotechnology in each economic chains, from production, to consumption, to dumping, to the re-usage. If this is adopted, then the future EU regulation will comprise of a process-focus regulation, product-focused regulation and sectoral regulations.

The SCENIHR also suggest a precautionary approach with respect to "nanoparticles which are likely to be highly biopersistent in humans and/or in environmental species." It also stresses that "there is no reliable information on the effect of the simultaneous exposure to multiple forms of nanoparticles, where it would be appropriate to assume the effects are additive, or on the interaction between nanoparticles and other stressors (either physical, chemical or biological), which should be considered on a case-by-case basis."

Nanoparticle as stressor is particularly important as it means that a hazardous effect may not be resulted not from the nanoparticle itself but due to its surroundings. This means that each producer of nanoproduct will have the obligation to dilligently provide information on how consumer should treat their product. Possible allergic reaction should also be provided and this may not be an easy task. In my opinion, this will carry several legal consequences:
  1. There has to be a regulation on the storage and transportation of nanoproducts which contain hazardous nanoparticle
  2. Some nanoproducts shall not be sold for free
  3. Producer can be exempted from liability if they can prove that they have provided adequate information on how a product should be treated
It is interesting to note that the SCENIHR regards the current REACH proposal may be inadequate:
The regulation of products containing nanoparticles based on tonnage, as proposed for existing chemicals under REACH, needs to be considered further because there are many more nanoparticles to the tonne than is the case for larger particles, and their behaviour in the body and in the environment may be different. If the nanoparticle form of a chemical does have distinctly different properties in biological systems from other physical forms of the same chemical, it will be necessary to readily identify the nanoparticle form of each chemical for the purposes of hazard warning labels etc. One approach to ensure that the effects of the nanoparticle form of a chemical is properly assessed would be to have a unique identification for it, either assigning different CAS numbers to the nanoparticle form, or adding a code (CAS-NP50) to existing CAS numbers leaving the CAS number for identifying similar chemical compounds . It is also inappropriate to assume that current workplace exposure standards for dusts can be applied directly to the nanoparticle form of the dust component. New standards will therefore need to be considered. Similarly, classification and labelling for human health and the environment may need to be reconsidered.
This point is especially important. This suggest that nanoproduct shall not and cannot be treated as chemicals, because their properties are different from chemical bulk. A legal consequences of this is that, producers cannot rely merely on REACH in conducting their safety standard as their duty to care with regards to nanoproduct is different than those established under the REACH. Another important thing is: there is going to be another classification/labelling method for nanoparticles that is different from normal chemical classifications.

You can download the complete report here, and the summary here.

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Consumer demand labelling

Sunday, December 3, 2006

That was the result of a Conference held by the German's Federal Institute of Risk Assessement:
Our experience shows that an event of this kind is well suited to involving consumers in the scientific debate about the assessment of new technologies. When making their judgement, consumers took a very differentiated look at the potential risks and benefits of nanotechnology based on knowledge of the latest research and the existing uncertainty.
According to the conference, consumers were especially critical of the use of nanomaterials in foods.

With regards to the weighing between risk and benefit, consumer tends to put more weight on the risk nanotech brings, in comparison to its benefits:
Consumers felt that the promised advantages to be derived from using nanotechnology like changes to the flow properties of ketchup or the trickling properties of products were non-essential given the potential risks.