Eizenstat warned that the new REACH directive could be compromised before being fully implemented by another decision now pending under the previous RoHS directive. Writing in European Voice, a weekly newspaper about EU Affairs, he stated “The shared EU-U.S. goal of barrier-free transatlantic trade risks are being undermined by regulatory decisions that increasingly seem divorced from sound scientific assessments.”

Eizenstat argues that a pivotal point in governmental efforts to enhance transatlantic trade has been the implementation of REACH, which would provide consistent regulations regarding the use of chemicals for products sold in the European Union. This standard is also essential to U.S. industry to ensure that companies maintain guidelines that allow their products to be marketed in the EU.

Speaking in his capacity as an advisor to the brominated flame retardant industry, Eizenstat is critical of a study carried out by the Öko Institut for the European Commission, which proposes banning about 46 chemical compounds, including several flame retardants. He states that these chemicals, used in furniture, fabrics and electronics, are incorporated to keep users safe from fire injury. “Without flame retardants, many more Europeans would be injured or perish each year in fires, along with substantial additional property losses and environmental damage.”

Despite reports that many of these chemicals have passed EU environmental risk assessments and are included in the new REACH standards, these products could reportedly still be banned under the old RoHS directive.

Eizenstat also states that by confusing the procedure, it shows the EU’s lack of commitment to clear regulatory processes based on scientific assessments. “Banning products that are demonstrably not hazardous is exactly the kind of politicized regulation, arbitrary decision-making, opaque process and inconsistent regulation that REACH was designed to avoid,” Eizenstat said.