Green Trade Barriers
Green Trade Barriers
trade. However, the number of these barriers keeps growing without any
monitoring system. This research will analyse the impacts of green trade barriers
on Vietnam and European Union trade relationship. The study presents an
important observation: the requirements to upgrade technology to meet exactly the
technical regulations and expenditure for conformity assessment actually increase
the production costs for small and medium companies in the short-term. However,
the proper adjustments to these requirements will bring about some long-term
benefits. Understanding the Good Agriculture Practice will help to improve the
quality of products as well as the productivity, and this will open an access to
developed markets to gain higher profits.
Green trade barriers are introduced in order to attract public and corporate
awareness as well as to reduce environmental pollution. However, some developed
countries and other actors have applied these regulations to control import from the
developing countries, where environmental standards are lower. These barriers are
also considered as non-tariff ones and there is no international organization or a
common policy framework, which is powerful enough to enforce these barriers.
Although the 1992 Earth Summit, the 1994 WTO Agreements, the 1996 World
Food Summit and numerous multilateral environmental agreements have
comprised major international frameworks, they have not reached consistency or
coherence in balancing the objectives – environmental, economic, and social – of
the world's diverse nations. Moreover, the difficulty in monitoring environmental
problems also creates many challenges in applying green trade barriers. Despite the
growing debates and controversies, the trend for imposing green regulations as a
non-tariff barrier is upward.
The most advanced formation in terms of strict green barriers is the European
Union (EU). This green rampart has exerted a tremendous impact upon imports
from many countries all over the world including Vietnam. For example, only in
2002–2003, the EU rejected as many as 72 vessels of aquarium products from
Vietnam on account of incompatibility with the EU green regulations on imported
fish products. In spite of the public concern about these green barriers, there are
quite a few researches in this subject, especially on the impact of green barriers on
Vietnam agricultural and fishery trading with EU. This study is therefore an
attempt to fill this gap in research.
Regarding the former, one should remember that WTO is not an environment
agency and WTO jurisprudence has affirmed that WTO rules do not take
precedence over environmental concerns. Its main objective is to foster
international trade and open markets. However, WTO rules permit members to
take trade-restricting measures to protect their environment under specific
conditions as mentioned in Article XX of GATT:
Subject to the requirement that such measures are not applied in a manner
which would constitute a means of arbitrary or unjustifiable discrimination
between countries where the same conditions prevail, or a disguised restriction on
international trade, nothing in this Agreement shall be construed to prevent the
adoption or enforcement by any contracting party of measures: … (b) necessary to
protect human, animal or plant life or health; … (g) relating to the conservation of
exhaustible natural resources if such measures are made effective in conjunction
with restrictions on domestic production of consumption ...
Besides WTO Agreement, there are also two non-binding instruments, Agenda
21 and the Rio Declaration adopted at the 1992 United Nations Conference on
Environmental and Development (UNCED), which stand at the intersection of
trade, developmental and environmental issues. However, they face the same
problems of ambiguous information as Article XX. For example, Rio Principle 12,
the heart of the Rio Declaration provides:
The second conflict between the governments of the large developed markets in
the North and the smaller trading nations, in particular in the developing world in
the South, is even more complicated. As Fiona Macmillan (2001) states, all
developing countries are either strictly opposed or at least most reluctant to accept
MEAs due to the costs they would face in complying with these obligations. Their
fear is that these will be used to restrict developing countries' access to developed
countries' markets. Huang Qing (2007), a researcher from China, a developing
country, is even more frank in claiming that green barriers are a ‘disguised’ means
of protectionism behind their morality facade. He asserts ‘… the rapid expansion
of manufacturing industries in these countries [developing countries] rouses
worries from developed countries. In this context, the developed nations put in
place green and technological barriers one after another in a bid to hold an
advantageous position over the competition’. He goes on to elaborate that green
barriers weaken the competitive power of developing economies by adding
additional costs to their export goods. He concludes that the green barriers are
‘actually a new type of trade barrier’.
However, as Neumayer (2001) said, the hostility towards practically any form
of greening of multilateral investment and trade regimes is rooted in a much deeper
frustration with the distribution of benefits in these multilateral regimes. In the
view of developing countries, the developed countries benefit much more from
these than they themselves do. In particular, they believe that the developed
countries have benefited quite substantially from the Uruguay Round of trade
negotiations on topics that they favour: intellectual property rights, investment,
services, telecommunications, restriction of production and export subsidies,
strengthening of anti-dumping measures, increased access to developing countries'
market, to mention just a few. The developing countries on the other hand, have
hardly benefited. Although WTO guaranteed them ‘special and differential’
treatment, they rightly complain that the special provisions of safeguarding their
interests have largely been ineffectual in reality; the transitional periods have been
too short for them to adjust to the requirements of the WTO agreements and that
the promised technical assistance has been too little and too unsystematic to
strengthen their capacity to comply with trade obligations. Thus, it seems fair to
say that developed countries have benefited much more from Uruguay Round than
the developing countries.
Given this imbalance, one can understand why developing countries are
desperate to seek access to developed countries' markets and show their great
suspicion and outright hostility to any restriction of this access – even if it comes in
the name of saving ‘our common environment’.
Vietnam's Agricultural and Fishery Export to the EU
Mandatory regulations
· Veterinary and zoo technical checks on live animals and products: Products
from third countries are subject to checks to protect the health of citizens and
animals inside the European Community. Based on Council Directive 97/78/EC of
18 December 1997, a documentary check by the veterinary staff of the border
inspection post or by the competent authorities must be carried out for each
consignment of products coming from third the countries. The products then
undergo a physical check at the border inspection post situated at or in the
immediate vicinity of an entry point into the European Union (EU). This scheme is
to ensure the verification of compliance with feed and food law, animal health and
animal welfare rules.
Standards
In addition to compulsory requirements, the EU also has many voluntary
environment standards like ISO 14000, EMAS and non-legislation requirements
like eco-labelling. Though they are voluntary, if not complying them the exporting
firms will face many difficulties in entering exporting markets. For the agricultural
and fishery products, organic food labelling, GAP and EMAS, ISO 14000 seem to
be the most popular requirements.
· Good Agricultural Practices (GAP): GAP is also a kind of organic farming but
its benefits are more than that. It is a means to concretely contribute to
environmental, economic and social sustainability of on-farm production resulting
in safe and healthy food and non-food agricultural products. Every country has
developed its own GAP standards, for example, like USGAP of the USA,
EurepGAP of the EU, INDON GAP of Indonesia and VietGAP of Vietnam.
EUREPGAP is a global Scheme and Reference for Good Agricultural Practice that
bases on the following standards:
- Food Safety: The standard is based on Food Safety criteria, derived from the
application of general HACCP principles.
Negative impacts
Agriculture products fail seriously to meet maximum pesticide level of the EU.
The inspection of Plant Protection, Ministry of Agriculture and Rural Development
in 2006 showed that among 4,600 inspected farms, 59.8 per cent did not follow
chemicals using process, 20.7 per cent did not meet the required time isolating,
10.31 per cent used substances not listed in permitted chemicals, 0.18 per cent used
restraint drugs, 0.73 per cent used unknown origin drug. Of 373 tested vegetable
samples, there were 33 samples (13.46 per cent) having amount of chemicals
exceeding the permitted level. In 2008, 20 per cent of farms abused pesticide;
nearly 60 per cent did not follow the prescribed technique.
In 2008, Vietnam food was notified 51 times by Rapid Alert System for Food
and Feed in the threat of violating food hygiene regulations. In 2007, this number
was only 42, including 31 cases of fishery products and 20 of agricultural products.
The RASFF does not always make the right decision based on scientific evidence.
In case of wrong conclusion, the cost will be great, especially for fishery products,
which are easily to be destroyed and have high cost of preservation. Moreover, if
information about the name of company is revealed, it will have serious impact on
firms' profit. In ‘Clean Production for better products’ (CP4BP) project report
(2008), at present the seafood companies have to pay USD 1,000 to get each
consignment examined before export, which is costly given the financial capacity
of most seafood companies. Moreover, the seafood exporters have suffered large
financial losses and have suffered reputation damage due to chemical and
antibiotic residue that was found in Vietnamese seafood by foreign importers.
Many criteria tests are also very expensive and, therefore, make a significant
increase in the product cost. Take, for example, ISO 14001. It gets much time and
money to get this certificate. It takes at least eight months to meet compulsory
requirements. And the cost to implement it can reach hundreds of millions dong,
depending on production scale, method and labour costs. Given that almost all
Vietnamese firms are small and medium size, the cost can become a great burden
for them.
Suppose that a farmer has a pond with its own water supply and drainage
channel. In order to meet the requirements of GAP, this farmer has to invest money
to renovate the pond to kill germs, remove the transmission medium, such as crabs,
water filtration and water treatment pond to ensure no pathogens. At the same time,
he also has to spend more money to buy a certified clean shrimp. Hence, there is a
significant growth in his expenses. According to NAFFIQAVED (2006), applying
GAP increases the cost by 2.352 dong/kg in Ben Tre. This cost is mainly for
analyzing chemicals residues and antibiotics level in and on shrimp products. To
farms having no separate water supply and drainage channels, the expense is even
higher, about 13.700 dong/kg as shown in the research made by NAFIQAVED
(2006) in Khanh Hoa. This rise in cost will simultaneously raise the price by 20 per
cent.
Many farmers, therefore, are afraid that the revenue may not cover the expenses
and they are under the threat of great lost. It also explains why among 7,000
farmers registering to apply GAP there is operating large business, the small and
medium enterprises just account for a very small rate. Although there are 1,198
farms having certificates of ecological shrimp growing with the total area of 4,000
ha, this number just accounts for 1.1 per cent of 369,094 shrimp growers in 2008.
The same refers to agricultural products. In Binh Thuan, the first province applying
EUREPGAP in growing dragon fruit, there is only 1.2 per cent of land certified
with EUREPGAP. This number is too small to guarantee for high valued contracts.
In Vietnam, there are only 3000 companies that have been issued international
certificates like ISO, HACCP, SA 8000. These companies accounted for only 1.5
per cent of all operating businesses. Even in Ho Chi Minh City, the biggest city in
Vietnam, this number was just three per cent. Although these certificates are not
mandatory requirements to enter the EU markets, without them, firms will face
many difficulties, especially in verifying their products quality. In this case, green
barriers are really a burden for small and medium enterprises, which have low
technology, lack of capital to apply international qualified management system.
Positive impacts
High cost, however, does not always have negative impact on enterprises. On
the other hand, if high cost adds more value to products, the producers can increase
the price. And in this case, their profit will rise dramatically.
Table 1
Cost, revenue and profit from growing organic tomatoes and cabbages
Source: http://www.kinhtenongthon.com.vn/printContent.aspx?ID=17204.
It is clear that organic farming creates higher profit but smaller quantity for
farmers. Because of terrible flood in November 2011, the yield of organic
vegetable was just 400 kg cabbage/field but the selling price was 10,000 dong/kg.
Meanwhile, farmers harvested 1.4 tons of inorganic cabbage but just sold at 2.500
dong/kg. For tea and other agricultural products, we also see the same pattern. As
Ms. Nguyen Thi Huong, the director of Van Tai Co, Ltd, which produces ‘clean’
exporting tea following GAP said about her company products of O Long and
Hong Tra Tea, although they are very expensive (from 400,000 dong to 1 million
dong) there is still an excess in demand while the conventional tea is just sold at
80,000–200,000 dong. Organic farming just utilizes natural resources such as using
remnants of plants, animal waste to make fertilizer, making pesticide from herbs
(wood vinegar, crushed leaves of Melia azedarach) so it lowers the cost. To some
products, the input cost of organic farming is even 30 per cent lower than normal
method. Ms. Nguyen Thi Thinh, a farmer in Vinh Phuc calculated that the cost of
organic fertilizer for her vegetable crop is 70,000 dong/sao (1 sao = 360 m 2),
equivalent to half of chemical fertilizers. Organic farming also helps to improve
the productivity. According to Mr. Nguyen Moi, a grape grower in Ninh Thuan
who has used organic farming for three seasons, thanks to this new kind method,
his crop productivity has gone up gradually from 5 tons/ha, 9.5 tons/ha to 18
tons/ha and the quality of the fruit is also better. In Binh Phuoc, it is also verified
that the productivity of organic vegetables is two times higher than ordinary
products.
In 2006, with the help of NORAD and Fishery Law Project, NAFIQAVED
introduced GAP to aquaculture industry, starting with shrimp farmers in Tra Vinh
and Binh Thuan. The initial result showed that the yield of households using GAP
is 20–30 per cent higher than the conventional farming. Nha Be agricultural
extension station, belonging to Ho Chi Minh extension center also applied GAP
into shrimp farming with semi-intensive model at four households during four
months from February 2009 to June 2009 within the area of three ha. The density
in pond was 15 units/m2, size 12 post, feeding with Tomboy industrial food. And
the result was that each household yields two tons/ha/crop, the survival rate was
60–70 per cent. Fishes, whose weight is 70–60 kg, were sold at 60,000–80,000
dong/kg and the average profit was about 50–60 million dong/ha/crop.
In addition, GAP and green regulations also help us reach the goals of
sustainable development. According to agriculture specialists, organic farming will
keep the soil fertile for crop rotation, make the water source less pollutant, protect
wild animals and biodiversity, save energy and scarce natural resources. Limited
using chemicals also make the products safer for consumers.
Conclusion
Green trade barriers can induce higher costs for enterprises, including the costs
of complying the precise obligations and the conformity assessment. However, if
high cost adds more value to products, applying modern technology helps improve
quality of the products, obtaining ISO 14000 and other green certificate can attract
more consumers of high environment consciousness, the producers will have
power to increase the price and get more benefits. Thus, companies should be
proactive in applying advanced technology so as to meet green regulations and
improve their products competitiveness. Strengthening vertical and horizontal
integration is also another effective measure to share the cost burden and control
product quality. Government should also support enterprises by supplying them
with update market information, increasing trade promotion, building a common
standard system and creating a supporting mechanism. By doing so, our
agricultural products will be able to break through barriers, increase our export
products' competiveness in the world market, leading high profit in the future.