Responsibilisation Phenomena: the EC Code of Conduct for Responsible Nanosciences and Nanotechnologies

The European Commission Code of conduct for responsible nanosciences and nanotechnologies research (EC CoC) is a case of soft regulation of an emerging technology field. It can be deemed an instrument of meta-regulation aimed at fostering self-regulatory behaviours, and as an example of the distribution of responsibilities among stakeholders within the Responsible Research and Innovation (RRI) framework. Between 2007 and 2011 three major consultations concerning the Code were launched, and can be regarded as a tool to implement the compliance with the EC CoC and thus to foster the allocation of obligations. They also permit to analyze the genesis of the EC CoC from its initial drafting to its adoption and thus to follow the development of the RRI’s ‘normative anchor points’ within a Community instrument, their influence on the principles and guidelines of the Code, and their perception among stakeholders. In sum, they make it possible to study one possible path for ‘anchor points’ to enter the regulation and to affect the stakeholders’ behaviour. The consultations address concerns with regard to the language and structure of the EC CoC which have negatively affected the perception of stakeholders. This aspect can also have limited the process of compliance with the Code’s principles and guidelines. This case study shows the importance of the communication of principles within a self-regulatory instrument (EC CoC) designed as meta-regulation, as well as of those goals, such as ‘normative anchor points’, that drive its formulation.