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Decisions by the EU are generally ignored in this country, except when they can be portrayed as another sign of European "weakness". Yet a little known regulatory decision by the EU could have a profound global impact on corporate behavior and the use of toxic chemicals, not only in Europe but also in the United States. The new regulation is REACH, or Registration, Evaluation and Authorization of Chemicals. Basically, REACH would require companies to test their chemicals for safety before release to the public, and to register chemical products with the appropriate EU regulatory body.
Doesn't sound all that radical, does it? Yet this represents a fundamental shift in how chemicals are brought to the public. Most Americans may not realize it, but we are all guinea pigs for chemical products. The vast majority of the 30,000 plus chemicals on the market have never been tested for safety concerns, much less their long-term impact on human beings. The Nation
says that,
The REACH directive represents an upheaval in the basic philosophy of chemical regulation, flipping the American presumption of "innocent until proven guilty" on its head by placing the burden of proof on manufacturers to prove chemicals are safe--what is known as the "precautionary principle." REACH adds extra bite with a requirement that toxicity data be posted publicly on the new agency's website. Thus, test results that were once tightly held by chemical companies will suddenly be available to citizens and regulators across the globe.
Not only will the new regulation prevent dangerous new chemicals from reaching the market, it will also seek to remove from the market any current chemicals that are deemed to be toxic or hazardous to human health. This could affect up to 1,400 chemicals, according to the above article. Needless to say, this has the U.S. chemical industry worried, and they're fighting back:
...documents indicate that various agencies within the U.S. government have conspired with chemical companies and chemical trade organizations to derail the scope of REACH. According to the documents, U.S. government lobbying on behalf of industry included a cable in April 2003 from then Secretary of State Colin Powell to diplomatic posts in the EU that provided "talking points" for U.S. government officials to use when speaking with their European counterparts. The arguments were notably similar in language to themes developed by industry at the request of a U.S. trade official, charges Waxman.
The chemical industry is concerned not only because the EU is considering such a sweeping new regulation, but also because the EU has become powerful enough to impact global trade. Simply due to its size, the EU will impact the kinds of chemicals that come to market. As the EU has an economy similar in size to the U.S., it will become difficult for the $500 billion chemical industry to develop one set of products for Europe and another set for the U.S. Once REACH is in place, citizens around the world will be able to access detailed information on the safety of chemical products, and use that information to force their own governments to pass similar laws. California has already indicated its desire to enact regulations similar to REACH, and other governments are sure to follow suit.
So this may be a new development for political activists in the U.S., that decisions in Europe can affect health and environmental standards around the world. But considering the current political climate in America, this comes as welcome news. Let's hope that the EU continues to pursue aggressive environmental legislation, and that corporate lobbyists do not succeed in weakening such legislation the way they have in the U.S.