Intensified Product-orientated Environmental Initiative
5 The market
5.1 Introduction
5.2 The environment as a competitive
parameter
5.3 The global market
5.4 The Danish market as a starting
point
5.5 The importance of public efforts
5.6 International environment and trade
agreements
5.1 Introduction
Product initiatives are aimed at products that can be subjected to sales on a market.
In order to achieve the environmental objective of such initiatives, products
with improved environmental properties must be sold in sufficiently large
quantities to genuinely influence the overall environmental impact.
At the same time, earnings from these products must be capable of forming the
basis for developing even better products and launching them on the market.
Moreover, it is a basic condition for any product initiative that Danish policy
is to avoid protectionism within trade and commerce, just as international
agreements, to which we have acceded, must, of course, be respected.
Can conditions and framework be influenced?
Therefore, it is relevant to assess the conditions and framework for selling products with
improved environmental properties on the Danish and international markets. What
are the options for influencing these conditions when based on the fact that
the Danish market is a small one in open contact with the surrounding world?
What are the options when based on the fact that Denmark is party to an
international agreement system that makes it possible for Denmark to influence
international trade frameworks while, at the same time, it restricts
Denmark's possibilities of acting on its own initiative?
Conclusions about the market
The analysis of the market shows as follows:
 | Products with improved environmental properties must be able to compete on an
international market.
|
 | On this market, there is intense competition on both price and quality - and,
to a limited extent, with the environment as a quality parameter.
|
 | If the product-orientated environmental initiative is to succeed, the emphasis
must be on improving the competitive situation for products with improved
environmental properties. This must not place a unilateral strain on Danish
companies in relation to their foreign competitors.
|
 | From a market angle, there are prospects in an offensive Danish product-orientated
environmental initiative. This is due to three factors in particular: The
Danish market is interesting as a domestic market for small and medium-size
companies; Denmark is regarded as a pioneer country when it comes to
environmental regulation; and Denmark is seen as an interesting test market by
a number of large and foreign companies.
|
 | A market for environmentally sound products is conditional on easy access to
knowledge about the environmental properties of the products.
|
 | The public market only demands environmentally sound products to a limited degree.
|
 | The international trade and environment agreements signed by Denmark provide an
opening for an offensive Danish product-orientated environmental initiative.
This initiative may be targeted directly at the Danish market as well as at
influencing these agreements.
| The background to the analysis
The conditions and competitiveness of the Danish companies have been the object of
thorough treatment in the resource area analyses conducted by the Danish
Ministry for Business and Industry in 1992-93 and in the 1994 follow-up. This
chapter is based on the understanding of the market that has been built up as a
result of this work. In addition - as described in Chapter 3 - the
dialogue conducted with the stakeholders during the preparation of this
proposal and experience from Sweden, the Netherlands, Germany and the European
Commission have been taken as a basis.
As the presentation contains a simplified, overall description of some general
conditions, it will need to be expanded and adjusted in the further dialogue
with the stakeholders, just as it will need to be concretised in relation to
the submarkets on which the individual stakeholders operate.
Chapter structure
This chapter first contains a description of the environment as a competitive
parameter, then describes the global market very briefly. It evaluates if and
how the Danish market can form a basis of a product initiative, after which the
importance of public efforts is examined. Finally, the significance of
international agreements on trade and the environment is assessed.
5.2 The environment as a competitive parameter
Products with improved environmental properties will have to be sold on a global market
while competing with products offering inferior environmental properties. The
main competitive parameters on the global markets are generally price and
quality.
Access to information
Quality includes a number of dimensions, the most important one normally being to
satisfy the need which the product is intended to meet. Price competition is so
keen that it will normally not make economic sense to endow products with
qualities which the customers do not appreciate or which are not stipulated by
some kind of control. Therefore, environmental properties can only be of
importance as a competitive parameter if customers have access to information
on such properties and attach importance to them as a quality of the product.
Experience with eco- and energy labelling
Only limited Danish experience is available on customers' reactions to eco- and
energy labelling. Within the EU, labelling is compulsory of the energy consumed
when operating some kitchen hardware, etc. This labelling includes a division
into seven of products according to their energy consumption. This labelling
has produced a marked change in the sale of kitchen hardware to machines
consuming less energy.
Correspondingly, Swedish experience shows that products labelled with the Nordic eco-label, the Swan, have enjoyed an increase in demand.
When it comes to organic foods, Denmark has for a long time had state-controlled
labelling. The experience from selling organic goods is that sales were very
low to begin with and only for a small group as the price of organic goods was
markedly higher. It was only when the Danish Co-op (FDB) made organic goods
available to a wide market, at the same time ensuring that prices were only
10-20% higher than for non-organic goods, that sales rose markedly.
Know-how lacking
Generally, however, only little is known about the way in which the improved environmental
properties of products currently function as a competitive parameter. For the
main part of the business sector, the use of the environmental properties of
products as a competitive parameter is relatively new, and very few references
exist from which to draw general conclusions. The following evaluations are
therefore anchored essentially in the dialogue with the stakeholders and in the
Danish EPA's own experience.
Consumers' attitudes and efforts
Different surveys of consumers' attitudes towards less environmentally degrading goods
show that a fair share of consumers are happy, as a basic principle, to show
consideration for the environment (close to 75%). At the same time, the actual
proportion of less environmentally degrading products sold shows that fewer
consumers than that actually buy these products.
There are a number of prerequisites for doing so. First, the more environmentally
sound goods must be available on the shelves - and here the retail trade
has a major responsibility. Secondly, there must be easy access to simple
information - especially at the shops where the shopping is done. Thirdly,
there must be a sensible price level for green products. A common problem with
sales of environmentally sound products is that usually they are considerably
more expensive than the alternatives.
Feeble public efforts
The efforts made to promote environmental and energy considerations in open-tender
contracts and public procurement /9/ are not yet perceptible on the market.
Partly, there have been some very marked examples of large investments where no
consideration was given to the environment when purchasing, and partly it is
still the exception rather than the rule that environmental requirements are
stipulated in public procurement or that companies are winning public orders
directly by virtue of improved environmental properties. However, there are
also examples of pioneering public enterprises such as the Danish State
Railways (DSB) and the Danish armed forces as well as a few local authorities.
Some companies have started
Growing interest in the environmental properties of products is being observed from
large international trading companies and individual manufacturers within
industries, e.g. the textile and furniture trades. This can also be seen from
the interest in environmental control, environmental management, green
accounting, environmental management system (EMAS) approvals, etc.
Developmental expectations
Interest in environmental matters
Looking at the interest in the environmental conditions in the broad sense, it varies
considerably over time. Denmark saw growing interest in the environment through
the eighties, followed by stabilisation at a comparatively high level in the
nineties. Interest in especially the environmental properties of products has
begun to manifest itself in the nineties and is particularly marked with regard
to energy consumption, health and ecology. However, only a very limited part of
the total product offering has yet felt the effect of this interest.
In the Netherlands, interest in environmental conditions rose to a very high level
through the eighties, subsequently flagging somewhat during the first half of
the nineties /10/.
Greater environmental problems - greater sales of environmentally sound products
On the slightly longer view, increasingly comprehensive global and local
environmental problems will result in environmental effects and their economic
consequences becoming more visible to all the stakeholders - including the
consumers. Therefore, the importance of environmental properties as a
competitive parameter must be expected to eventually increase distinctly
although the rate, at which this will happen, can only be predicted to a very
limited extent. In other words, environmental properties will, in all
probability and to an ever greater extent, be a basic objective for the
innovations of the companies.
Presumably, this interest in the environment will initially impact areas, in which very
distinct environmental effects can be felt, and on prosperous markets with the
reserves to allow for political or ethical considerations. The latter is
interesting from a Danish point of view, as the majority of Danish goods and
services are sold on developed markets in prosperous countries, see Table 5.1.
5.3 The global market
Wide-ranging competition
At global level, increasing access to information and fast transportation to
virtually all parts of the world mean that the world market can to some extent
be considered one big contiguous market. This globalisation of the market
creates keen and increasing competition for the individual company, which in
principle is competing with all companies world-wide within its particular
product area.
Trading with industrialised countries
Denmark is firmly integrated in the international market, exporting approx. 60% of
Danish goods production and importing approx. 60% of the goods sold on the
Danish market. Table 5.1 shows imports and sales of Danish products broken down into different markets. A very sizeable part of trade is conducted with other highly industrialised countries, particularly within the EU. I.e., markets
that, in many ways, resemble the Danish market.
Table 5.1
Foreign trade broken down into countries
Trade in DKK billions
|
Exports from Denmark
|
Imports to Denmark
|
Europe, total
|
207
|
190
|
EU countries
|
170
|
162
|
America, total
|
19
|
18
|
Of this, North America
|
13
|
14
|
Asia, total
|
30
|
21
|
Of this, Japan
|
11
|
6
|
Africa, total
|
5
|
2
|
Oceania, total
|
2
|
1
|
Total
|
264
|
232
|
Source: 1995 Statistical Yearbook, Table 361
5.4 The Danish market as a starting point
A small Danish market
The Danish market makes up only around one per thousand of the global market in
terms of population. The question is therefore whether it is possible to
envisage a product-orientated environmental initiative based on the Danish
market - is it possible to create segments for which companies will be
interested in developing and supplying with environmentally sound products?
There are a number of reasons why the Danish market is interesting for many Danish as
well as some foreign companies when it comes to environmentally sound products.
Domestic market is significant
Most Danish companies are small enough for the domestic market still to be of
significance to sales. Even for larger concerns, the Danish market is important
as a market they know and as one that is used as a test and reference market
for their products.
Statutory requirements interacting with a strong market
There are a number of sectors in which interaction has successfully been created
between a high level of service or protection on the one hand and the
development of companies being in a strong international position on the other.
This applies, for instance, within the health-care sector to products such as
hearing aids, insulin, blood analysis machines, etc. It applies within the
paint/varnish sector, in which Denmark has been a pioneer country as well as a
pioneer market for water-based paint products. And it applies within the
production of district heating pipes where Danish companies are world market
leaders.
Spin-off effect on regulation in other countries
A number of large foreign companies seem to find the Danish market interesting.
First, the development in Danish environmental regulations is regarded with
interest. One example is the heavy involvement of the agrochemical industry in
Danish pesticide regulation. This interest is presumably due to the fact that
regulations in Denmark may be expected to have a spin-off effect on other
countries.
Denmark as an international test market
Secondly, the Danish market is considered an interesting test market. This applies to
i.a. a number of companies in the electronics and chemical industries. E.g.
several German chemical groups have been willing to develop dyes with improved
environmental properties for Danish textile enterprises. Again, it must be the
expectation that there will be a far greater market for these dyes if the
Danish companies can make them work.
International analyses confirm benefits for pioneer markets
Internationally, it has been described in various ways how a high level of protection and
large-scale environmental initiative interacts positively with the development
of competitiveness of trade and industry. Among others, the OECD has made an
empirical macroeconomic analysis corroborating the likelihood of this; the
European Commission, in its White Paper on the environment and competitiveness
and in a report just sent out by the Commissioner for Industry, Martin
Bangeman, has also made a similar evaluation. The American economist Michael
Porter /11/ has argued that demanding markets will be instrumental in helping
companies which supply such markets, to retain their competitiveness and, on
the longer view, improve it relative to companies operating on less demanding
markets.
Cost of being a pioneer
It is, however, obviously that extra costs may be involved for companies
supplying goods to a pioneer market or manufacturing goods in a pioneer
country. Other thing being equal, these costs will strain the competitiveness
of the companies - at any rate on the short view. Costs imposed only on
products manufactured in Denmark are particularly onerous in this respect. Any
product initiative must be aware of these costs so as to try to ensure that no
distinction is made between foreign and Danish manufactured products.
Different conditions
Market conditions vary greatly between different product areas and between different
parts of the world. When organising the product initiative, it is necessary to
examine the conditions of the market segments that should be influenced.
Resource area analyses as a springboard
In this context, the Danish Ministry for Business and Industry's resource area
analysis can be used as a springboard. The analysis divides the trade and
industry into the following areas: food, consumer goods and leisure,
construction/housing, communications, transport/supplies and medical/health.
Within each of the six areas identified, there is a communality of basic
commercial conditions. These conditions are also essential to the organisation
of the product-orientated environmental initiative.
A series of significant differences in the conditions applicable to the areas are
described. These relate e.g. to differences in the number of stakeholders,
differences in the stakeholders' balance of power, differences in public
regulation, differences in investments, etc. The Ministry for Business and
Industry's analyses should form the basis of further product initiative work.
5.5 The importance of public efforts
Given sufficient market demand, products with improved environmental properties can
be expected to eventually be developed. The vital question is: what
possibilities are available to the public sector for assisting at the birth of
this development by, e.g., influencing the conditions that determine whether
the company can or will respond to changes in market signals and start
developing products with improved environmental properties?
Influencing the general framework
In the 1995 trade report /12/, the general strategy for ensuring the
competitiveness of Danish companies on the global market is formulated as an
effort to ensure a sound, general industrial framework for Danish companies.
This framework includes:
 | Production factors (e.g. human resources and technological know-how)
|
 | Interaction with other companies (e.g. with suppliers)
|
 | Quality-conscious demand (public and private users)
|
 | Market efficiency (e.g. access to venture capital).
| Besides the general framework, it is emphasised that macroeconomic factors (e.g. wage
level, low interest, low inflation and stable currency exchange rates) will
also be essential for a competitive business community. But it is argued that
macroeconomic conditions will be harmonised on the most essential markets on
which Danish companies operate, thereby making the general framework the most
important area in which nation states can support their business community
through public initiatives.
Co-ordinated public efforts
There are a number of public-sector activities that influence this general framework
in a way that is important to product initiatives. This applies to public
procurement and to those construction projects that are either supported or
carried out by the public sector as these may represent a demand for
environmental quality-consciousness. It also applies to research institutions,
education and the technological service network, which can supply human
resources and technological know-how. It applies to tax policies, which can
affect demand. Environmental regulations are additional framework conditions
which determine behavioural conditions on the market and can either promote or
inhibit innovations and a general view of product development work. It is
essential that all these activities are carried out in a way that provides a
co-ordinated incentive to develop less environmentally degrading products.
5.6 International environment and trade agreements
International agreements in the environmental field and agreements governing the exchange of
goods are assuming ever greater importance for environmental initiatives. For
one thing, international co-operation provides individual countries with the
opportunity to influence transnational environmental conditions; for another,
these agreements form frameworks for an independent national environmental
policy in some cases.
Legally binding frameworks
A brief description is given below of the legally binding frameworks for product
initiatives at global, regional and national level. At the same time, the
possibilities of influencing these frameworks are described.
This is a snapshot of the situation as it appears in the second half of 1996.
International regulations are under constant development. Initiatives are being
elaborated in new areas, adjusting amendments are being made to existing
agreements and work is being done to fulfil existing agreements.
Global trade regulations
GATT allows for environmental considerations
The current WTO rules contain only a few proper provisions on environmental
conditions. GATT/WTO generally permit interventions aimed at safeguarding
environmental interests in one's own country, both for home-produced and for
imported goods though they must not discriminate against imported goods, of
course.
Whereas the former GATT agreement only allowed product properties to be regulated
nationally, the WTO agreement also allows rules to be introduced on production
methods and processes under certain conditions. This applies in cases in which
the method or process is directly reflected in the properties or quality of the
article.
Scientific principles
The WTO includes specific provisions (the SPS Agreement) for the application of
such rules as part of "sanitary and phytosanitary measures" - which may
include environmental protection measures. Unlike previously, a country now has
an actual right to introduce environmental rules, providing they are based on
scientific principles and are aimed at the state of the environment in the
actual country. Even when, on the face of it, there is insufficient scientific
evidence for such rules, they can nevertheless be introduced on the basis of
relevant available data. In such cases, a basis must be generated for
objectively assessing the risks involved within a reasonable period of time.
Technical barriers to trade
The Agreement on Technical Barriers to Trade (the TBT Agreement) stipulates that
national standards should as far as possible be based on corresponding
international standards. The agreement does, however, recognise a country's
right to establish suitable levels of national protection, individually, for
reasons of e.g. health, environment, animals and plant health. The agreement
encourages the use of international standards, whenever appropriate, but does
not require the level of protection to be lowered as a result of international
standardisation.
International standards will assume importance
By virtue of the WTO agreements, international standards - such as ISO -
effectively determine how to formulate eco-labelling schemes, how to put
environmental stipulations into tenders, etc.
When parties cannot come to terms by negotiating, complaints about infringements of
the GATT/WTO agreements can be lodged with the organisation. An expert panel is
formed on a case-by-case basis to decide whether there is any breach of
agreement. The organisation is not empowered to enforce such decisions, and it
is thus left to the countries concerned to find solutions themselves if they do
not directly wish to comply with a decision made under the GATT/WTO agreements.
WTO rules of great importance
The WTO rules are of great importance to both national and international
environmental initiatives. If the rules are developed towards a restrictive interpretation, it will be very difficult to implement any environmental
initiative in the product field that goes beyond that which can be agreed in
the WTO or in international standardisation negotiations. This applies both in
Denmark and in the EU. On the other hand, an expansive interpretation
affords good opportunities for independent Danish or European environmental
initiatives. It is therefore of great importance to support this freedom of
action in future revisions of the agreements.
Global environmental regulation
The Montreal Protocol and Basel Convention
There are still only a few examples of global environmental regulation. Relevant
examples worth mentioning are the Montreal Protocol on the global phasing-out
of substances that deplete the ozone layer, which lays down very precise,
binding obligations with regard to reducing and phasing out substances that
deplete the ozone layer. In addition, environmental considerations have
successfully been incorporated in the Basel Convention, which prohibits the
OECD countries to dispose of their hazardous waste by exporting it to
developing countries. The ban also applies to the export of hazardous waste for
recycling.
POPs and the PIC procedure
The Governing Council of the United Nations Environment Programme (UNEP) made two
decisions on chemicals in May 1995. One decision concerns initiatives to
restrict the spread of a group of persistent organic pollutants - so-called
POPs. Realistic strategies now need to be established for the reduction and/or
phasing-out of these substances. In the present proposals, it is recommended
that legally binding instruments are used.
The second decision concerns the so-called PIC Procedure, which entails an
importing country - especially the developing countries - must give
its prior informed consent
(PIC) for the industrialised countries to export certain particularly hazardous
substances to that country. A motion was passed whereby this information
procedure has now been made legally binding. A decision must also be made as to
any additional steps that may be necessary in this regard - for instance,
whether more hazardous chemical substances are to be included in the global
agreement.
The 1992 Rio Conference
The progress of global regulations in fields including e.g. chemical substances is
due to the action programme, Agenda 21, adopted at the UN Conference on
Environment and Development in Rio de Janeiro in 1992. Although Agenda 21 is
not binding in the legal sense, politically and morally it is a powerfully
obliging document and functions as a basis for the follow-up currently taking
place both in individual countries and in regional and international
organisations. More multilateral environmental agreements can be expected to be
concluded in future but it is known from experience that new agreements are a
long time in the melting pot.
EU regulation
EU regulation is paramount
EU regulation is unparalleled the most important international regulation in
connection with a product-orientated environmental initiative. It is of great
concrete importance to the level of environmental protection and to the
regulations achievable within the area nationally and at EU level. Furthermore,
it is important for EU efforts and for the EU's part on the global
environmental stage. The discussion here will be confined to the most essential
parts of the rules of relevance to the product initiative in order to
illustrate the significance of such regulations and to stress the importance of
intensive Danish efforts to influence the establishment of such rules.
EU regulation provides a better environment
A study /13/ into the importance of EU regulation for the Danish level of
environmental protection has shown that, in the vast majority of cases,
regulations have led to improved environmental protection both in Denmark and
in the rest of the EU. Denmark has been active in developing such regulations.
EU-level initiatives will have far more clout than purely national initiatives.
Furthermore, most nationally implemented product-orientated regulations will
have to be notified to the European Commission anyway.
The Public Procurement Directive
The EU Public Procurement Directive provides both openings and restrictions for
making environmental requirements to public purchasing. According to the Danish
Ministry for Business and Industry /14/, the possibilities of making
environmental stipulations in accordance with EU tendering rules are as follows:
 | If a public purchaser uses the allocation criterion of "financially most
advantageous bid - in contrast to simply the lowest price - he/she
has the option of making environmental stipulations alongside a number of other
quality requirements. This is particularly true when the environmental
stipulations influence the properties required for public procurement purposes.
|
 | There is only limited possibility of making environmental requirements to the
manufacturing process unless the process influences the properties of the final
product and does not affect the environment in Denmark. However, environmental
stipulations can be made of the manufacturing process if such requirements can
be derived from EU directives or EU regulations.
| Regulating environmentally or health hazardous substances
At EU level, the use of environmentally or health hazardous substances is subject
to extensive regulations. Virtually all directives and regulations in these
areas have been issued in pursuance of Article 100A of the Treaty.
Consequently, they are predominantly total-harmonisation directives containing
security and free-trade clauses. The EU rules are comprehensive and include
rules on investigation methods, data requirements, hazard and risk assessments
with appurtenant hazard labelling, application restrictions, bans and approval
schemes.
Since there are still many substances that have not been regulated, bans or
restrictions on use can be introduced nationally for selected substances if the
national rules meet the requirements made in Articles 30 to 36 of the EU
Treaty. Here, especially Article 36 is important as it opens the possibility of
fixing national rules to protect the environment and humans. National proposals
for restrictions on use must be notified to the European Commission, which
deals with proposals under the rules laid down in the "Single Market
Directive", which attaches great importance to the free movement of goods. As a
result, there are weighty requirements for documenting the need for national
regulations. Among other things, it must be proved that the aim of the
intervention cannot be achieved without disrupting the free movement of the
goods involved.
The Information Directive
In the product regulation field, the Information Procedure Directive /15/ means that countries must inform one another and the Commission about any national regulation measures that may influence the free movement of goods on the European market. This gives the Commission and the other countries a chance to
raise objections if they feel that such regulation conflicts with the spirit
and the letter of the Treaty. At the same time, it gives the Commission an
opportunity to put regulation of the relevant area on the agenda for EU
regulations. Then, national initiatives must await and be tailored to these
regulations.
EU eco-labelling
EU eco-labelling regulations include rules for developing criteria for and
administrating a life-cycle-based eco-label. Labelling is voluntary, which
means that, on payment, companies can apply for permission to use the label in
their marketing, provided they can prove that the products comply with the
criteria applicable to the product group in question. It has been very
difficult to agree on criteria for this label; consequently, criteria for only
11 product groups are currently in force, and the label has been granted to
around 40 products, including one Danish one.
Other relevant EU regulations
There are large parts of other EU rules that are relevant to the environmental impact
of products. A series of directives such as the Machines Safety Directive, the
Toy Safety Directive and the Construction Products Directive have implications
for the environmental properties of individual products or product areas. More
directives of this nature can be anticipated.
In addition to these, there are a number of directives, regulations etc. which are
of indirect significance to product initiatives. This applies to e.g. the Waste
Directives, the EIA Directives and the IPPC Directive [2] on the European environmental approval scheme, which is important for the
environmental impact of products during the production phase.
Fifth environmental action programme
The product field has been mentioned in the Commission's proposal for an adjustment
to the EU's Fifth Environmental Action Programme. One of the things stated here
is that, within the industrial field, frameworks must be developed for an
integrated, life-cycle-orientated product policy.
Other international forums
Politically and morally binding
Denmark is also taking part in other international forums engaged in the
environment - this applies to e.g. various conventions on sea and air
pollution, in which agreements and co-operation programmes are continually
being adopted. These decisions are politically and morally - but not
legally - binding like the EU rules. They are often worded so as to give
countries a greater degree of freedom to make their own choices as to how to
comply with these decisions. Of the regional sea conventions, the work of the
OSPAR Commission in particular is important as the decisions made here are
binding on the member states.
The North Sea Convention
The North Sea Convention contains an agreement to phase out xenobiotics in
discharges to the North Sea within the space of a generation. This declaration
of intent is expected to be followed up by some kind of binding regulation that
to some degree lives up to the declaration of intent. This regulation will be
highly significant to product strategy as a good deal of the xenobiotics
discharged into the North Sea are conveyed to waste water and natural water
currents as diffuse pollution from the use and disposal of industrial products.
The Helsinki and OSPAR Conventions
The Helsinki Convention, covering marine pollution and the protection of the marine
environment in the Baltic region, and the Oslo-Paris Convention, covering other
marine territories in the EU, both contain binding declarations. The
declarations deal with regulations on the use of substances and materials as
well as emissions from industry, farming, energy and infrastructural
installations. For the product strategy, it is the regulations on use that are
particularly relevant. The declarations are minimum declarations that make
minimum requirements to national regulations. They do not restrict the
signatories' right to make further regulations.
International co-operation on standardisation
Plans have been made to harmonise all national product and methodological standards
of importance to trading as a prerequisite to implementing the Single Market.
Consequently, in the years ahead, somewhere between 9,000 and 12,000
product-related joint European standards will have to be developed - the
so-called CEN/CENELEC standards.
Standards mean a lot for product development
Denmark is obliged to introduce the joint European standards developed at the European
standardisation organisations CEN or CENELEC as Danish standards. Although the
adoption of a standard is voluntary, in principle, the standards have a great
impact in real terms. Standards are crucial in determining what requirements
can and will be made in practice with regard to product design, project design
and purchasing, and are thus of great importance for any product-orientated
environmental initiative.
Future EU directives in the product area are expected to be framed as "new approach
directives"; as a result, it will be placed with the standardisation
organisations to elaborate the directives in detail.
The standardisation work done by the international standardisation organisations
ISO and IEC is also essential to European standards as there is a co-operation
agreement between the European and the world-wide standardisation
organisations. In practice, this means that they are gradually adopting each
other's standards. In terms of the WTO, the standards are also of great
importance as they are the "language" in which internationally accepted
commodity trade requirements can be formulated. Requirements can be made to the
environmental or similar properties of goods if such requirements refer to an
international standard of relevance to the product.
Danish initiative needed
Standardisation work is therefore an area of basic potential for a large-scale Danish
initiative in the years to come. Current experience from this work indicates
that there are very fine opportunities for being heard and gaining influence
but this will call for stringent prioritisation of the initiative as
standardisation work is extremely resource intensive.
National environmental scope
There are two aspects to the question of Danish scope for a product-orientated
environmental initiative in consideration of the international agreements. One
aspect deals with the possibilities of influencing international environmental
and trading conditions through these agreements. The other aspect deals with
the question of which national measures Denmark is entitled to implement.
Good scope for influence
The international agreements have consistently led to an increased level of
protection, both in Denmark and internationally. At the same time, Denmark has
consistently influenced the negotiations in which it has taken part. This does
not mean that all agreements and all EU rules live up to the level of
protection considered desirable by Denmark. But this forms a good basis for
ensuring that continued and intensified international initiatives may form an
essential part of any product-orientated environmental initiative.
Limits to our abilities
With regard to what Denmark can do on its own initiative, the scope in the product
field - apart from the restrictions deriving from the frameworks governing
chemical substances and waste - is generally limited out of regard for the
free movement of goods. These restrictions have been defined in both the EU and
the WTO. All compulsory measures such as labelling, product taxes etc. must be
notified to the EU.
There must be a balance between the environmental problem targeted by an initiative
and the damage to the free movement of goods caused by that initiative. This
presumably rules out negative labelling of factors that the EU does not
consider problematic. Product taxation may presumably be implemented if it is
fixed on the basis of measurable product criteria.
Voluntary schemes provide opportunities
Voluntary schemes - e.g. eco-labelling - afford more freedom to act. Denmark
can design an eco-labelling scheme of its own or choose to join others.
However, if they really do influence consumer buying, and thus become a trade
barrier to inferior products, these schemes can also be expected to have to
submit to international methodological standards in future. Otherwise, they
will presumably be regarded as an unacceptable barrier to trade under the WTO.
Subsidies must comply with EU requirements
Subsidies for product technology development and market introduction will have to comply
with the EU requirements governing the subsidy schemes. These frameworks
provide good opportunities for appropriate design of the schemes as long as no
actual subsidies are granted for operations or investments in major fixed assets.
Totally harmonised EU rules
In areas with totally harmonised EU rules, Danish initiatives must especially
concentrate on influencing the work of laying down EU rules - preferably
as early on as possible. This applies particularly to regulation of the use of
substances and materials.
Nevertheless, it is still possible - within the existing framework - to introduce
national rules forbidding or restricting the use of certain hazardous chemical
substances. At the same time, though, this makes great demands to the
documentation of the necessity of such regulation.
[2] IPPC:
Integrated Pollution Prevention and Control.
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