[Front page] [Contents] [Previous] [Next]

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.

[Front page] [Contents] [Previous] [Next] [Top]