ECOLABELLING:
CONSUMERS' RIGHT-TO-KNOW
OR
RESTRICTIVE BUSINESS PRACTICE?

By Kristin Dawkins
Institute for Agriculture and Trade Policy

Revised January 16, 1996

Global Environment and Trade Study (GETS)

GETS Paper #95-3


An earlier version of this paper was presented at the Max Planck Institute for Comparative Public Law and International Law

Symposium on "Enforcing Environmental Standards: Economic Mechanisms as Viable Means?"

Heidelberg, Germany, July 5-7, 1995.



The full text of this study when printed out is 81 pages long, with 249 footnotes. In order to post it on the internet, it required dividing the text into an executive summary and 8 parts. Below is the Table of Contents for the complete document.

TABLE OF CONTENTS

Introduction Page 1

Section One: Policy Discussion Page 5

A. Balancing Interests Page 6

Conflicts Between Consumers and Producers

Conflicts Between Competing Producers

B. Implementation Feasibility Page 9

Processing and Production Methods (PPMs)

Life Cycle Analysis (LCA)

Equivalency and Mutual Recognition

Institutional Capture

Section Two: Four Case Studies Page 18

The Timber Case

The Cost of Electricity Case

The Organic Foods Case

The Artificial Breastmilk Substitutes Case

Section Three: Conclusion and Recommendations Page 29

A. Conclusion Page 30

B. Recommendations Page 31

Appendix: Existing Schemes Page 39

A. National Schemes Page 39

Austria

Canada

China

Germany

India

Indonesia

Japan

The Netherlands

Republic of Korea

Singapore

Turkey

United Kingdom

B. Intergovernmental Standards Page 49

Codex Alimentarious Commission

Convention on International Trade in Endangered Species

European Union

International Standards Organization

International Tropical Timber Organization

Nordic Coordinating Body for Environmental Labeling

World Health Organization

World Trade Organization Committee on Trade and Environment

C. Major Non-Governmental Ecolabels Page 63

ECO-O.K.

Forestry Stewardship Council

Green Seal

Scientific Certification Systems

D. Fair Trade Labeling Page 67

The Fair Trade Federation

Max Havelaar

Sustainable Coffee Initiative

TransFair International

E. Other Health and Safety Labels Page 72

Chemical Right-to-Know

International Federation of Organic Agriculture Movements

rBGH-Free Dairy Products

Other Genetically Engineered Foods

ABSTRACT

In recent years, environmental concern has stimulated new initiatives in labeling policies, which have been used to protect consumer health and safety for more than a century. Voluntary "ecolabelling" schemes now exist in dozens of countries, as official governmental policy or promoted by non-governmental organizations, and internationally.

As trade expands, international cooperation amongst ecolabelling schemes is required. Negotiated agreements based on equivalent environmental impacts or mutual recognition between national schemes is feasible, but only if there is a careful balancing of all interests. By definition, ecolabelling imparts preferential access to markets for producers complying with certain processing and production methods. Such discrimination may conflict with the GATT's Most-Favoured-Nation rules and certainly generates new competitive pressures amongst producers. In particular, producers with scarce capital may lose markets and low per capita income countries may lose valuable foreign exchange.

When ecolabelling criteria are stringent, producers lacking assured returns on their environmental investments may seek to undermine implementation. When ecolabelling criteria reflect a nation's domestic preferences, foreign producers may challenge them as trade barriers. When processing and production criteria are uninformed by an internationally standardized life cycle analysis, negotiations for equivalency and mutual recognition may fail. When producers are denied access to the ecolabelled market niche for any of these reasons, existing trends towards monopolistic global trade are exacerbated; ecolabelling itself may become a restrictive business practice enhancing the market shares of major transnational corporations. Especially when ecolabelling and certification bodies, or other decisionmaking institutions, are captured by powerful interests, the implementation of an effective ecolabelling policy may be impossible.

In the present period of international institutional evolution, broad and balanced participation is essential to ensure both the design and the implementation of effective policies to achieve sustainable patterns of production and consumption.

EXECUTIVE SUMMARY

For at least the past century, the labeling of products to provide information valued by consumers has been commonplace. Private initiatives such as the insurance industry's labeling of safe electrical appliances mingle with governmental regulations for the labeling of tobacco and packaged foods.

During the past decade or so, the green movement has created demand for a whole new body of labeling regimes that give consumers information about the environmental impacts of the products they buy. The term "ecolabel" has become officially accepted: national governments, the European Union, the Organization for Economic Cooperation and Development (OECD) and other intergovernmental bodies are all working to establish ecolabelling policies that meet the demands of the greens as well as national and regional interests. Simultaneously, numerous non-governmental organizations have spawned their own ecolabels.

The typical ecolabelling program is sponsored by a government agency or a credible non-governmental organization with the objective of encouraging manufacturers to meet specifications ensuring that their products and manufacturing processes have a lesser impact on the environment. The specifications are usually drawn up for individual product categories -- such as bathroom tissue or light bulbs -- by a committee comprised of corporate representatives, environmentalists, consumers, and other interested parties such as religious organizations. The committee is generally appointed by the sponsoring agency, and advised by a recognized scientific organization. Often the committee will design the specifications so that only a small number of manufacturers in the market for each product category will be licensed to carry the label; while this policy does not mean that labeled products meet "best available" standards, it does contribute to continuous improvement in environmental quality by encouraging competitors within a market to upgrade.

Manufacturers prepared to meet the specifications usually pay an application fee to submit their product for testing by the scientific body, along with any essential documentation regarding the production process -- which may be inspected by the scientific body as well. Products meeting the specifications earn their manufacturers' the right to display the ecolabel, on the product or its packaging and on advertisements; this right is usually licensed for a period of time and subject to periodic re-inspections. License renewal often requires payment of both an annual fee and a stipulated percentage of the revenues earned for that product.

The proliferation of ecolabelling schemes, especially in Europe, prompted the Organization for Economic Cooperation and Development (OECD) to host a Workshop on Ecolabelling and International Trade in October 1994. The discussion paper for this workshop points out that most ecolabelling programs tend to focus on domestic products and domestic environmental standards, thus creating incentives that discriminate against imported goods. The paper suggests that international environmental standards could be used to establish criteria enabling "equivalency" and "mutual recognition" amongst differing national schemes. Otherwise, ecolabelling programs could be considered non-tariff trade barriers in violation of the rules of the newly formed World Trade Organization (WTO), set during the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT.)

Ecolabelling is on the future agenda of the Committee on Trade and Environment of the WTO. At present, the GATT Agreements on Technical Barriers to Trade and on the Application of Sanitary and Phytosanitary Standards -- known as the TBT and SPS agreements -- do require the use of international standards, where they exist, as the basis for national standard-setting. During the Uruguay Round negotiations, there was fierce opposition to this principle, primarily on grounds that the international standards would, in some cases, undermine more stringent national standards for health, safety and environmental protection. This objection has already emerged in preliminary debate over a WTO policy on ecolabelling: that international criteria for awarding an ecolabel could likewise oblige harmonization towards lower standards rather than higher.

Developing countries, on the other hand, want to ensure that ecolabels will not become yet another restrictive business practice, further limiting access to markets for their products. After all, many national economies depend upon export earnings with which to pay for food imports and social services. During a week-long meeting in December 1994, delegates to a working group on trade, environment and development of the United Nations Conference on Trade and Development (UNCTAD) emphasized the competition problems facing developing countries. These problems include the high costs of submitting products for certification, especially for small producers; the high costs of altering production processes to meet the varying criteria of a number of different foreign programs; and biased criteria-setting, with most of the programs designed in the importing countries with the participation of domestic competitors according to domestic perceptions of environmental issues.

Presumably, these discriminatory effects could be eliminated by developing broad consensus on conventions for "processing and production methods" (PPMs) and life cycle analysis (LCA) -- an evaluation of the environmental impacts of a product "from the cradle to the grave" or, as the UNCTAD working group put it, "from cradle to export border" and "from import border to grave." In fact, most existing ecolabelling schemes utilize LCA methodology to some extent but skip many stages of analysis, especially for PPMs. Collecting life cycle information, even for a limited model, can be very costly. In some cases, data will be reported differently by different companies; in other cases, data may not even exist. As a result, these analyses do not yield decisive information and can lead to contradictory conclusions.

In addition to problems of data collection, there are no conventions for developing consistency in LCA methodology itself, as yet. There is no convention for determining boundaries -- that is, whether to include the full life cycle of each of the product's component parts or just that of the final product; and whether or not to consider the energy inputs, byproducts and waste outputs of the manufacturing processes of either the product or its component parts. Indeed, researchers are far from agreeing on the full costs of relative forms of energy. And there is no convention for assessing qualitative, as opposed to quantitative, values. While the monetary value of impacts like the extinction of a species or the destruction of massive tracts of habitat may be described as "infinite," so too the failure to establish monetary values -- and liability claims -- lowers these values to essentially zero.

Such technical problems make international agreement on policies that can have significant economic and social impacts extremely difficult. When institutions with decisive roles in standard-setting and other definitional processes are unduly influenced by private interests, the public policy goal of negotiating effective conventions may seem unreachable. Critics point to the participation of food industry executives on official delegations of Codex Alimentarious, for example, where presumptive standards for health and safety such as maximum residue levels of pesticides on internationally traded foods are negotiated. Similar fears are expressed by environmental advocates as the International Standards Organization proceeds with its 14000 Series on Environmental Management Systems, which includes Environmental Labelling Guidelines. As ecolabelling becomes a matter of international policy, decisive inputs from captured institutions could jeopardize its viability as effective public policy. Indeed, in such a case, many producers may regard ecolabelling as a restrictive business practice with some legitimacy and the public's health and welfare and both local and global environmental impacts would not benefit as they should from an ecolabelling regime.

There are examples of these problems worth studying. Austria introduced national legislation mandating the ecolabelling of imported tropical timber; exporting countries which feared losses in market share to unlabelled temperate and boreal products successfully blocked the initiative by challenging the Austrian as a non-tariff trade barrier at the GATT. Similar challenges could arise over the ecolabelling of some manufactured goods as more "energy efficient;" varying life-cycle methodologies affect producers differently in different regions of the world, as do the environmental impacts of various forms of electricity generation. In the international organic food industry, efforts to define equivalency and to achieve mutual recognition have advanced fairly well; a virtual trade war broke out between European and U.S. producers and certifiers, nonetheless, which may result in higher standards rather than lower, given the absence of institutional capture. On the other hand, the Gerber Company invoked the GATT and other international trade agreements to threaten Guatemala's adherence to its own national laws that were based on the World Health Organization's international standards for the labeling and marketing of artificial breastmilk substitutes.

These cases illustrate the way in which ecolabelling has provoked an international debate with major economic and political implications. While there are legitimate reasons for encouraging ecolabelling as a means of providing consumers with information they desire in an increasingly complex marketplace, producers have legitimate concerns regarding the fairness of these schemes in regulating their access to markets. Both consumers and producers have reason to examine the merits of one scheme over another in meeting environmental goals as well as other social objectives, while seeking solutions to the problems created by a proliferation of differing schemes throughout the world. Conscientious consumers, too, may wish to consider the social impacts as well as the environmental impacts of the products they buy and the labeling programs they support. And finally, institutional and technical considerations will require significant attention if ecolabelling is to contribute to the construction of an ecologically sustainable and socially just global marketplace.

There is evidence that labeling has been very successful in meeting environmental objectives in some cases. In Germany, for example, the labeling of low-emissions oil and gas heating appliances reduced the quantities of sulphur dioxide, carbon monoxide, and nitrogen oxides emitted by 30 percent; the labeling of low-solvent paints and varnishes increased the market share for these products from 1 to 50 percent with an estimated reduction of some 40,000 fewer tons of solvents released into the environment.

On the other hand, there is also some evidence that labels can be ineffective or even a disincentive. Manufacturers avoided the Netherlands' ecolabel for refrigerators, first published in late 1993, presumably in order to seek the impending EU label instead which would allow some use of hydroflourocarbons excluded from the more rigorous Dutch scheme. And Korean consumers avoided certain ecolabelled products, preferring virgin materials when price factors were equal.

On balance, however, green products seem to sell well -- judging from the many producers who have invested in green public relations. If ecomarketing is here to stay, then ecolabelling may provide consumers with both information and a political instrument capable of regulating inaccurate "greenwash" -- providing that the ecolabelling institutions remain vehicles of balanced policymaking. Consumers must have ample access to and authority within the institutional mechanism, and smaller businesses must be as well represented as larger firms. This is as true at the international level as it is within a national context.

Apart from the institutional issues of transparency and balanced participation in the policymaking process, consumers and producers both rightly note that existing structures and incentives -- whether regulatory or market-based -- are generally inadequate to ensure investment in environmental, health and safety, and other socially responsible management processes. At the same time, structures and incentives must be altered to ensure competition within the different markets for ecological and otherwise socially responsible products.

In seeking to make the implementation of effective ecolabelling policies feasible, we offer a few recommendations:

1) Ecolabelling schemes should be linked to a public campaign of intensive consumer education based on accurate, thorough and intelligible product information.

2) Ecolabelling schemes should broaden their scope to include social criteria -- prioritizing the health and safety of consumers, workers, communities and ecosystems; when criteria differ, they should seek mutual recognition and equivalency based on negotiations to define minimum levels of protection while encouraging better practices.

3) Ecolabelling schemes should be linked to compatible financing vehicles to enable compliance while ensuring competition; they should seek to negotiate a standardized approach to life cycle analysis in order to better structure loan arrangements.

4) Ecolabelling schemes should seek to negotiate procurement agreements with major consumer institutions to achieve essential economies of scale.

5) Ecolabelling schemes should ensure balanced access to and influence within policymaking structures.

While institutional innovation at the international level undoubtedly proceeds into the next century, certain principles are fundamental prerequisites to any international mechanism that expects to balance competing interests in order to achieve successful policy results. Broad participation of all interested parties is essential. Transparent negotiations based on accurate information that is appropriate to differing economic, social, ecological, and cultural circumstances, must be encouraged in multi-party and multilateral frameworks.

The differentiation of markets into those that are ecolabelled and those that are not will not necessarily increase opportunities for small producers while lowering consumer prices, as the theory of monopolistic competition would suggest. To the contrary, ecolabelling could exacerbate current global trends by which developing countries' shares of international markets shrink and, within all countries, small businesses' shares of both national and international markets shrink unless ecolabelling schemes are accompanied by aggressive affirmative policies to facilitate the participation of small firms and developing country exporters.

In sum, political processes fully engaging consumers and environmentalists, health and safety advocates, and other social reformers with producers large and small, committed to devising policies linked to adequate financing, standardized life cycle analysis, and strategic procurement can ensure that ecolabelling contributes effectively to building a more sustainable future.

INTRODUCTION

In 1894, just after the invention of electricity, an agent of the Chicago Board of Fire Underwriters founded the Underwriters' Electrical Bureau. He saw ample business opportunity in evaluating product safety, as lighting and other new-fangled electrical devices created substantial new risk of liability for the insurance industry. Today, labels awarded by the private not-for-profit Underwriters Laboratory ("The UL Mark") are practically universal for toasters, refrigerators, fans and other electrical, mechanical, and electronic products in the United States and Canada, as consumers learned not to buy products lacking this assurance of safety.

In 1910, the Good Housekeeping Seal of Approval was launched in the United States. Over the decades, it has become a household term for anything considered absolutely reliable. Other labeling programs, too, became popular and even obligatory as means of informing consumers -- and at times, warning them -- of some possible impacts of their purchasing decisions. "Union-made" and "Made in America" are voluntary labels encouraged by the trade union movement.

After World War II with a surge in the 1970s, public-spirited organizations in Europe organized markets for fair trade, products shipped directly from peasants in the Third World to consumers in the First World. These projects increasingly rely upon sophisticated marketing, with labels assuring not only socially responsible consumption but ecologically sound production as well.

The labeling of tobacco products began in 1966, when the Federal Trade Commission required all cigarette packages to be labeled with "Surgeon General's Warning: Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy." Written warnings are also enclosed with thousands of kinds of commercial products, as manufacturers seek to escape product liability lawsuits; a legally "adequate" warning may require not only a written package insert but correspondence with user classes, notices in prominent journals, and so on.

Nutritional labeling of packaged foods became mandatory in the U.S. in 1982 although optional labeling was well-established earlier. The new rules defined standard serving sizes, required the publication of caloric values, and set criteria for low-fat, saturated fat, and unsaturated fat. In subsequent years, these rules have been significantly revised; for example, in 1993, new regulations came out for the labeling of fresh produce coated with wax or resin.

During the past decade or so, the green movement has created demand for a whole new body of labeling regimes that give consumers information about the environmental impacts of the products they buy. The term "ecolabel" has become officially accepted: national governments, the European Union, the Organization for Economic Cooperation and Development (OECD) and other intergovernmental bodies are all working to establish ecolabelling policies that meet the demands of the greens as well as national and regional interests. Simultaneously, numerous non-governmental organizations have spawned their own ecolabels.

Ecolabelling programs sponsored by government agencies have the objective of encouraging manufacturers to meet specifications ensuring that their products and manufacturing processes have a lesser impact on the environment. The specifications are usually drawn up for individual product categories -- such as bathroom tissue or light bulbs -- by a committee comprised of corporate representatives, environmentalists, consumers, and other interested parties such as religious organizations. The committee is generally appointed by the sponsoring agency, and advised by a recognized scientific organization. Often the committee will design the specifications so that only a small number of manufacturers in the market for each product category will be licensed to carry the label; while this policy does not mean that labeled products meet "best available" standards, it does contribute to continuous improvement in environmental quality by encouraging competitors (at least those with adequate capital) to upgrade.

Manufacturers prepared to meet the specifications usually pay an application fee to submit their product for testing by the scientific body, along with any essential documentation regarding the production process -- which may be inspected by the scientific body as well. Products meeting the specifications earn their manufacturers' the right to display the ecolabel, on the product or its packaging and on advertisements; this right is usually licensed for a period of time and subject to periodic re-inspections. License renewal often requires payment of both an annual fee and a stipulated percentage of the revenues earned for that product.

The proliferation of ecolabelling schemes, especially in Europe, prompted the Organization for Economic Cooperation and Development (OECD) to host a Workshop on Ecolabelling and International Trade in October 1994. The discussion paper for this workshop points out that most ecolabelling programs tend to focus on domestic products and domestic environmental standards, thus creating incentives that discriminate against imported goods. The paper suggests that international environmental standards could be used to establish criteria enabling "mutual recognition" amongst differing national schemes. Otherwise, ecolabelling programs could be considered non-tariff trade barriers in violation of the rules of the newly formed World Trade Organization (WTO), set during the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT.)

Ecolabelling is on the future agenda of the Committee on Trade and Environment of the WTO. At present, the GATT Agreements on Technical Barriers to Trade and on the Application of Sanitary and Phytosanitary Standards -- known as the TBT and SPS agreements -- do require the use of international standards, where they exist, as the basis for national standard-setting. During the Uruguay Round negotiations, there was fierce opposition to this principle, primarily on grounds that the international standards would, in some cases, undermine more stringent national standards for health, safety and environmental protection. This objection has already emerged in preliminary debate over a WTO policy on ecolabelling: that international criteria for awarding an ecolabel could likewise oblige harmonization towards lower standards rather than higher.

Developing countries, on the other hand, want to ensure that ecolabels will not become yet another restrictive business practice or non-tariff barrier, further limiting access to markets for their products. After all, many national economies depend upon export earnings with which to pay for food imports and social services. During a weeklong meeting in December 1994, delegates to a working group on trade, environment and development of the United Nations Conference on Trade and Development (UNCTAD) emphasized the competition problems facing developing countries. These problems include the high costs of submitting products for certification, especially for small producers; the high costs of altering production processes to meet the varying criteria of a number of different foreign programs; and biased criteria-setting, with most of the programs designed in the importing countries with the participation of domestic competitors according to domestic perceptions of environmental issues.

The latter problem should concern consumers as well as developing country producers. A few examples covering wood products, textiles, and paper may help to explain these concerns. Labeling for sustainable tropical timber ostensibly gives exporters with a label an advantage over all other timber producers. But, as consumers learn to avoid unlabeled tropical timber, it could also create an unfair advantage for timber coming from clearcut forests in the North unless temperate and boreal timber, too, were subject to equivalent labeling. In the case of textiles, criteria favoring environmentally friendly chemical dyes may exclude from consideration altogether dyes made of natural substances. And preferences for recycled paper products over virgin pulp would discriminate against sustainable plantation forestry; it is at least debatable that farmed pulpwood from Brazil could be as ecologically-sound as the energy-intensive re-manufacture of post-consumer paper and the related disposal of de-inked wastes in Denmark.

Presumably, the arbitrary nature of these discriminatory effects could be eliminated by developing broad consensus on conventions for "processing and production methods" -- and life cycle analysis (LCA) -- an evaluation of the environmental impacts of a product "from the cradle to the grave" or, as the UNCTAD working group put it, "from cradle to export border" and "from import border to grave." In fact, most existing ecolabelling schemes utilize LCA methodology to some extent but skip many stages of analysis regarding a product's processing and production methods (PPMs). Collecting life cycle information, even for a limited model, can be very costly. In some cases, data will be reported differently by different companies; in other cases, data may not even exist. As a result, these analyses do not yield decisive information and can lead to contradictory conclusions.

In addition to problems of data collection, there are no conventions for developing consistency in LCA methodology itself, as yet. There is no convention for determining boundaries -- that is, whether to include the full life cycle of each of the product's component parts or just that of the final product; and whether or not to consider the energy inputs, byproducts and waste outputs of the manufacturing processes of either the product or its component parts. Indeed, researchers are far from agreeing on the full costs of relative forms of energy. And there is no convention for assessing qualitative, as opposed to quantitative, values. While the monetary value of impacts like the extinction of a species or the destruction of massive tracts of habitat is often described as "infinite," so too the failure to establish monetary values -- and liability claims -- lowers these values to essentially zero.

In short, there are legitimate reasons for encouraging ecolabelling as a means of providing consumers with information they desire in an increasingly complex marketplace. At the same time, producers and consumers have legitimate concerns regarding the fairness of these schemes in regulating access to markets. Both consumers and producers have reason to examine the merits of one scheme over another in meeting environmental goals, as well as other social objectives, while seeking solutions to the problems created by a proliferation of differing schemes throughout the world. Conscientious consumers, too, may wish to consider the social impacts as well as the environmental impacts of the products they buy and the labeling programs they support. And finally, institutional and technical considerations will require significant attention if ecolabelling is to contribute to the construction of an ecologically sustainable and socially just global marketplace.

In the following pages, we will elaborate on these points of view. In Section One, we discuss current policy issues -- particularly debates in trade policy -- raised by ecolabelling, and illustrate the discussion with details from a variety of specific cases. In Section Two, we discuss four case studies which illustrate the policy issues. In Section Three, we draw conclusions and make a few recommendations. In the Appendix, we describe in detail a large number of existing ecolabelling schemes from governmental, intergovernmental, and non-governmental initiatives.


SECTION ONE:

POLICY DISCUSSION

Effective policy depends upon two essential factors. First, it must carefully balance conflicting interests -- the result must be so well balanced that the affected parties agree to cooperate in its implementation. In the case of ecolabelling, or indeed any labeling, conflicts arise between consumers and producers, and between competing producers. Secondly, its implementation must be feasible. In the case of labeling, there are several technical problems of a legal, analytical, and political nature that have yet to be solved. And there is the problem of institutional capture -- perhaps the most difficult obstacle to establishing labeling regimes that are well enough balanced to satisfy both consumers and producers, while creating viable rules that will be recognized by competing producers.

We will discuss each of these in more detail below, illustrating with four cases regarding timber, the costs of electricity, organic foods, and artificial breast milk substitutes.

A. BALANCING INTERESTS

Conflicts Between Consumers and Producers

Most consumers want information. They want to know what they are buying to satisfy their desires and concerns whether they be environmental, health and safety related, nutritional or other social concerns. Surveys show consistently that a large and growing percentage of consumers want this information in order to make choices with their purchasing dollar, and that they are willing to pay more for the products they consider superior, although a significant portion of the consuming public remains ignorant of the distinction and many cannot afford to pay more under any circumstances.

Producers, on the other hand, usually want to get their products to market at the lowest possible cost. They are always willing to invest in upgrading their operations, providing the financing is available and they can be assured of timely returns on this investment. So long as the market niche for a particular ecologically sound product remains small, the return is less assured. And so long as standards vary from market to market and are perceived to fluctuate within markets, investing in change incurs greater costs to meet each market's requirements as well as greater risk that the investment will not achieve the ultimate standard.

Upgrading plants to meet environmental standards is a minor expense relative to total costs for most industries. Nonetheless, those sectors for which such upgrading entails a greater relative investment include those for which standard-setting and ecolabelling are most in demand: pulp and paper, mining and petroleum products, chemicals, fertilizers, and wood products. Thus, many producers find it more economical to avoid these investments.

Indeed, many consumers and environmentalists assert that irresponsible lobbying and corporate "greenwash" predominate over legitimate investment in improved corporate environmental performance and management. Industry lobbying in opposition to stringent ecolabelling criteria has been successful in the United Kingdom, where corporate representatives have been appointed to seats on the UK Ecolabelling Board, as well as in the European Community, where ecolabelling boards are by law to "guarantee their independence and neutrality." Generally, industry has better access to the decision making process for most ecolabelling schemes. Virtually all invite balanced participation from environmental, consumer and manufacturing groups; however, the consumers and environmentalists rarely are able to provide experts and may send token representation while affected industry groups may send several. Germany's ecolabelling scheme is the only one to exclude profit making organizations from decision making on criteria.

Furthermore, some consumers and environmentalists object to ecolabelling on grounds that it does little to address "over-consumption." Conscientious consumers may mistakenly perceive that they can freely consume ecolabelled products. For this reason, Canada's Environmental Choice ecolabelling program emphasizes that it does "not use the words 'environmentally friendly' ... because we do not want to suggest that these products or services are perfectly harmless to the environment..."

Non-governmental organizations at the 1995 meeting of the Commission on Sustainable Development issued a statement calling for "extreme caution in approaching eco-labeling." Among other reasons, they noted that ecolabelling programs can "tend to deny access for the products of small producers and create further exclusivity in international markets while promoting inessential consumption."

Conflicts Between Competing Producers

According to economic theory, imperfect competition creates monopolistic behavior within industries as certain firms enjoy better economies of scale and are able to dominate over time. Higher prices resulting from such dominance then encourage new firms to enter that market with slightly differentiated products, drawing customers away from the monopolist and bringing prices back to normal levels.

Consumer preferences for environmentally and socially responsible goods are stimulating a new generation of product differentiation. Whether ecolabels will help to enable new firms to enter these new markets, keeping prices down, or whether present industry leaders will capture these new markets and maintain price premiums is a question of prime importance to both consumers and entrepreneurs.

The United Nations Conference on Trade and Development (UNCTAD) recently published a statistical overview of ecolabelling programs. Considering just the major schemes presently in effect -- those of Canada, the European Union, Germany, Japan, the Netherlands, and the Nordics, the study found 212 distinct product categories for which labels are now offered to the producers of preferred products. Presently, developing countries participate in just 6 percent of the trade for these product categories that is imported into Canada and less than 1 percent of that imported by the Nordics, although they enjoy 45 percent share of the European Union's total imports of these goods. Whether they are able to preserve this market share -- and perhaps enhance it -- is a question for developing country economic planners.

Small firms find it particularly difficult to comply with ecolabelling criteria. They generally lack access to capital, technologies and information; have smaller economies of scale requiring more extensive credit; lack infrastructure for certain upgrades such as wastewater treatment; lack the capacity for monitoring suppliers and for transferring cost burdens to suppliers; and cannot afford the costs of compliance testing and verification.

Brazilian officials, for example, have commented that smaller companies there will have difficulty negotiating with their foreign suppliers of key inputs -- particularly chemicals, raw cotton and leather -- for the provision of materials that meet the criteria of ecolabelling programs. Should such negotiations be successful, these firms will have further difficulties, both procedural and financial, in documenting their compliance and especially that of their foreign suppliers.

Textile producers in developing countries are particularly vulnerable, as they are mostly very small firms. Developing countries presently supply about 80 percent of the European Union's imported tee-shirts, dress shirts and bed linens; Turkey, Hong Kong, India, Bangladesh, Mauritius, Maldives and Pakistan together meet about half of this demand. The loss of these markets, if the producers are unable to upgrade their facilities and otherwise comply with upcoming certification requirements, will hurt not only the particular businesses but their national economies' foreign exchange earnings and balances of trade.

B. IMPLEMENTATION FEASIBILITY

From a policy perspective, there are at least four major technical problems -- legal, analytical, political, and institutional -- that are of particular interest in planning an effective international regime for ecolabelling:

Processing and Production Methods (PPMs)

The problem of PPMs is essentially a legal problem. Under the most fundamental rules of the GATT, as originally negotiated in 1947, nations may not discriminate amongst their trading partners. Ecolabelling can, arguably, be discriminatory; some products are certified as preferable, according to the determination of an authorized agency. If a product lacking an ecolabel were denied entry into another country on this basis, its manufacturer could claim that the ecolabelling regime was GATT-illegal.

The principle of General Most-Favored-Nation Treatment is expressed in Part One, Article One, Paragraph One of that document:

"...any advantage, favour, privilege, or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties."

The principle of National Treatment is expressed in Article Three, Paragraph Four:

"The products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements..."

With the advent of the environmental movement, the concept of "like products" has been challenged. Regardless of the identical nature of two finished products, it is argued, the manner in which the two were produced could vary greatly. A significant degree of environmental harm occurs during the production and processing phases of manufacturing -- emissions and effluents, for example. Different processing and production methods (PPMs) may have different environmental impacts, even when the characteristics of the end product are identical. Thus, the act of discriminating against one product manufactured under a careless PPM in favor of a like product manufactured more carefully may be contrary to the GATT, if the products are imports. Although several recent dispute resolution panels of the GATT have held that PPMs do violate the principle of National Treatment in Article III, the GATT Council has not adopted any of these panel reports; thus, there is as yet no definitive ruling on the legality of PPMs.

This principle was put to the test when Mexico challenged the U.S. Marine Mammal Protection Act, by which the U.S. refused to import tuna fish caught with the purse seine nets that also killed large numbers of dolphins swimming with the tuna fish in the Eastern Tropical Pacific. While there are other issues and the details of this case are complicated, Mexico and other countries argued successfully before two separate GATT dispute resolution panels that the tuna caught by either method was a "like product" and, therefore, the U.S. law discriminated against the Mexican fishing fleet's product in violation of Article III on National Treatment. Thus, the MMPA became the first disputed environmental PPM.

The U.S. also regulated the use of labels on tuna fish cans sold in the U.S. reading "dolphin-free," under the Dolphin Protection Consumer Information Act (DPCIA.) This was contested by Mexico as a violation of Article I on Most-Favored-Nation Treatment. The GATT dispute resolution panel found that the voluntary nature of the label meant that the product could be sold freely with or without the label, and that any advantage to domestic producers would result from the free choice of consumers and not from government action. Finally, the panel determined that the right of access to the label was available to all countries' fleets choosing to fish in the Eastern Tropical Pacific. For these three reasons, which would apply to most official ecolabelling schemes, the panel found that the "dolphin-free" label did not violate GATT Article One.

Environmentalists responded angrily to the GATT panel rulings. Although voluntary ecolabelling itself was not considered a problem by the panel, the rejection of PPMs as a valid cause for import restrictions seemed unacceptable: a lot of the criteria in virtually all ecolabelling schemes are PPM-related. The criteria for eligible tissue paper in the European Union program, for example, is based upon tons of wood and oil consumed, and kilograms of sulfur dioxide and chlorinated organic compounds released, among other things. If the tuna fish case becomes a precedent, these PPM-related criteria might not withstand the scrutiny of a GATT dispute resolution panel.

On the other hand, the legal problems with PPMs have been officially recognized to the degree that the World Trade Organization's Committee on Trade and Environment, the Organization for Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD) and the United Nations Environmental Programme (UNEP) all are studying the problem of PPMs, including within the context of ecolabelling, to seek an acceptable compromise between trade and environmental priorities.

Life Cycle Analysis (LCA)

Life cycle analysis (LCA) presents an enormous analytical challenge. In keeping with the cradle-to-the-grave approach, analysts must study a finished product and all of its component parts, and all aspects of the production, transportation, consumption and disposal processes attributable to that product and each of its component parts. As one delegate to an UNCTAD Seminar on Ecolabelling held in 1994 put it, life cycle analysis is a "descriptive science."

The complexity of this method can be easily seen if one tries to imagine applying LCA to an automobile. One must conduct a life cycle analysis for the steel and aluminum inputs -- from mining to manufacture to industrial PPMs; one must determine the composition and PPMs and byproducts of numerous plastic, glass and chrome and obscure machine parts; and one must evaluate the impacts of the energy inputs for all of this -- whether it be oil and nuclear power in the U.S. and Japan, coal in Asia and Eastern Europe, or hydropower in Latin America. To evaluate the consumption effects, one would have to consider include miles per gallon and durability; for the transportation effects, one would have to consider whether the vehicles were shipped from Detroit or Tokyo; for the disposal effects, one would look at whether the vehicles are to be dumped or stripped for recycling and, if stripped, whether the non-reusable waste components were to be landfilled or incinerated.

Some analysts have developed methodologies for monetizing value -- sometimes called "shadow pricing" -- despite objections that value is relative within differing cultures and not all value can be expressed in monetary terms. The most thorough attempts to monetize environmental impacts have been done in the field of energy. Yet each of these analyses carefully specifies which factors were excluded from their methodology of choice. Exclusions ranged from numerous secondary pollutants and most phases of the life cycle of fuels and generating plants to geographical and land use factors, job impacts, tax policies, and direct and hidden subsidies. The exclusions varied significantly from analysis to analysis and, as a result, their conclusions were not comparable despite being reported in monetary terms.

Other analysts have developed methodologies for quantifying natural resources and establishing inventory systems for tracking stocks and flows. Still others have combined this methodology with a monetization methodology based upon the market value of commercially exploited resources. The most thorough attempts in this area have been done at the national level. The United Nations Statistical Office has incorporated these methodologies in a satellite "System of Integrated Environmental and Economic Accounting." The World Resources Institute has integrated national environmental accounts with calculations of Gross Domestic Product.

Despite these many forays into difficult analytical territory, conclusions cannot be drawn. Based on incomplete data, hypothetical projections, varied techniques for shadow pricing, and other inconsistencies, national comparisons and product comparisons based on LCA should be avoided until international agreements on the standardization of methodologies can be achieved.

Equivalency and Mutual Recognition

The resolution to technical disputes over "equivalency" and "mutual recognition" amongst ecolabelling schemes may be found in political science. Each aspect of the system engages the representatives of many institutions in an array of paperwork and decisions. Given the proliferation of programs, criteria, certification and licensing procedures and boards, fees, inspections and marketing strategies that any aggressive international ecolabeller has to manage, there is no doubt that some kind of synchronization must evolve or the system will collapse altogether.

For developing countries, adherence to the notion of equivalency could ease tensions between their own domestic producers and the domestic producers of the ecolabelling countries. Under this concept, different criteria can be accepted for each country if "comparable" environmental objectives can be achieved, taking into account each country's specific environmental conditions. Even if the developing country lacks its own ecolabelling program, an evaluation of comparable environmental improvement -- especially based on a mutually acceptable methodology for LCA -- could open the foreign niche market to its producers.

Of course, fairly determining what is comparable and equivalent requires negotiation that engages all affected producers and consumers. UNCTAD identified one strategy for simplifying the bargaining process that would distinguish between two types of PPMs: "product-related PPMs" that affect the importing country, such as factors for consumption and waste; and "process-related PPMs" that affect the exporting country at the point of manufacture. So far, more research has been generated regarding product-related PPMs, just as there are more regulations and policies addressing environmental problems in the consuming industrialized countries. Indeed, the GATT TBT and SPS agreements mandate compliance with certain product-related PPMs such as allowable pesticide residues in foods; they do not, however, refer to process-related PPMs -- that is, to the impacts of processing in the countries of origin. Political trade-offs between these factors could help lead to acceptable determinations of equivalency.

Proposals for mutual recognition amongst existing ecolabelling schemes creates similar tensions between producers in different countries and between producers and consumers. Producers often have economic reasons for seeking the least common denominator in debates over mutual recognition and may lobby against the participation of foreign producers altogether. Some kind of negotiation is required to determine acceptable conditions for reciprocal exchanges of labels, despite significant variations, without duplicative bureaucracies.

Institutional Capture

When public policy negotiations are dominated by private economic interests, the potential for a balanced result that can be effectively implemented diminishes considerably. For Southern producers, ecolabelling could restrict their access to markets in the North -- thus constituting another restrictive business practice. For Northern consumers, corporate influence over some criteria-setting committees and technical standard-setting bodies has weakened their credibility and, arguably, their viability as effective instruments of environmental and social policy.

As regimes for equivalence and mutual recognition amongst ecolabelling schemes are negotiated, care must be taken to avoid imbalance in the degree to which different stakeholders participate and influence related processes in the international arena. To avoid condemning international ecolabelling agreements as yet another restrictive business practice, negotiators must ensure that consumers, environmentalists, the religious community, and other public interest groups from both the North and the South join the private sector -- including both transnational corporations and small business operations -- at the bargaining table.

Policies to avoid restrictive business practices were at one time well-defined, as early proposals for international trade rules indicate. In 1948, the Havana Charter was drafted by governments convinced that a more open regime of international trade would lead to increased economic activity and greater economic opportunities for the majority of the world's people. The Charter spelled out rules for trade to be carried out by Members of a new International Trade Organization (ITO.) However, the ITO never formed, as the U.S. failed to ratify the agreement during partisan political controversy between the U.S. President and the U.S. Congress that year.

Only one portion of the rules set forth in the Havana Charter were ever implemented: a commercial code of conduct that became the General Agreement on Tariffs and Trade (GATT.) Other portions, however, deserve reconsideration in light of contemporary circumstances. Of particular interest, especially in the context of producers' concerns regarding ecolabelling, is Article 46 which would establish a "General Policy towards Restrictive Business Practices." This article begins:

"Each Member shall take appropriate measures and shall co-operate with the Organization to prevent, on the part of private or public commercial enterprises, business practices affecting international trade which restrain competition, limit access to markets, or foster monopolistic control, whenever such practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1."

Transnational corporations control more than 70 percent of global trade in goods. Their ability to influence ecolabelling criteria gives them the power to manipulate market access in ways that can harm Third World producers as well as small producers everywhere.

Corporate manipulation of ecolabelling agencies can also subvert consumers' right-to-know and lower standards. As a publication of the United Nations Research Institute for Social Development (UNRISD) describes it, transnational corporate "leverage ... has allowed them occasionally to play nations and communities off against one another in an effort to receive the most advantageous benefit package, a dynamic that generates a 'downward harmonization' of labor, consumer and environmental standards."

The capture of public institutions by private commercial interests is fairly widespread. Examples abound. The Ecolabelling Board of the United Kingdom includes individuals employed by the Hoover, Kingfisher, Pilkington Shell and Rhone Poulenc corporations. Representation in the working groups of the International Standards Organization is heavily weighted in favor of major corporate interests; the chairs of two of the subcommittees of Technical Committee 207, charged with drawing up environmental standards, are representatives of the Merck and Bayer companies -- pharmaceutical industry giants, while only one representative of a consumer group and one of an environmental group have attended the TC 207 meetings. Initial drafting of the U.S. proposal for the agriculture negotiations of the Uruguay Round of the GATT was done by a former career executive of the Cargill Company.

The Codex Alimentarious Commission, the international body referenced in the Uruguay Round for setting international food safety standards, is tied closely to its involvement with transnational food corporations. Its mission is to harmonize international standards in order to facilitate food trade. The U.S. food industry financed the U.S. government's participation in Codex, upon its founding. More than four out of five non-governmental participants on national delegations at many Codex committee meetings represent industry. The International Federation of National Associations of Pesticide Manufacturers, for example, has sent dozens of representatives to Codex meetings. Among non-governmental participants at the 1991 Codex meeting, 26 represented public interest groups and 662 represented industry.

The imbalanced representation of interests amongst non-governmental participants is sufficient to demonstrate substantial corporate influence over an institution like Codex. But the food industry has even better access to decision making, seated as members of official delegations. The official U.S. delegation to Codex Alimentarious in 1989 included three executives of the Nestle Corporation, one each from Coca Cola, Pepsi, Hershey, CPC International, Ralston Purina, and Kraft, as well as representatives of the Grocery Manufacturers of America, the Food Marketing Institute, the American Frozen Food Institute, the Food Processors Association, and the Association of Cereal Chemists. Half of the official delegates on both the U.S. and the United Kingdom delegations at that year's Nutrition Committee meeting were corporate officials. During the two-year period of meetings referred to as Codex's 19th Session, from 1989-1991, a total of 445 industry representatives served on national delegations, compared to only 8 representatives of public interest non-governmental organizations. At the 1995 meeting, the U.S. instructed its 19 delegates representing various corporations to lobby the delegates of other countries regarding three important votes on the definition of "sound science" and the health risks of using hormones to promote growth in beef cattle and milk production in dairy cows.

Such indications of institutional capture give rise to consumer cynicism regarding the potential use of otherwise innocuous-seeming policy statements as a restrictive business practice. For example, under the Uruguay Round Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) regarding food safety, countries may have national regulations that differ from those established by Codex Alimentarious and that create barriers to exporters only if:

These stipulations subject any local or national food safety regulation with more stringent standards than those established by Codex for protecting consumer health to potential dispute resolution under the GATT. A government wishing to defend more stringent regulation will likely bear the burden of proving that the regulation is both necessary and scientific. Where a government is less protective of health, the GATT has no jurisdiction. Thus, the net effect of the GATT/Codex standard-setting regime may be to health and safety regulation to a least common denominator. For the U.S., some 20% of more than 1,200 standards for maximum residue limits of pesticides on foods are subject to challenge under these rules.

Similarly, under the Uruguay Round Agreement on Technical Barriers to Trade (TBT), countries "shall use ... relevant international standards" as a basis for national regulations and standards -- including packaging, marking and labeling requirements, and procedures for assessment. They may adopt unique domestic standards that create barriers to exporters only if:

Thus, both the SPS and TBT Agreements of the Uruguay Round limit national policy and subject both national and international ecolabelling schemes to a set of economic and scientific judgments. Placing the burden of proof on nations to defend higher standards creates downward pressure on standards, at the expense of consumers, and the environment. References in these agreements that lock-in standards set by Codex Alimentarious or other international standard-setting bodies such as the International Standards Organization, where corporate interests wield considerable influence, may severely undermine the potential of ecolabelling as an effective instrument for public policy.

While both the SPS and TBT Agreements of the Uruguay Round may hinder sovereign nations from setting more stringent standards for food safety and other technical regulation than exist by international consensus, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) encourages countries to have stronger national rules than those stipulated. Intellectual property rights are restrictive business practices by definition: they grant exclusive rights to monopolize an invention or other industrial knowledge through the granting of patents, copyrights and trademarks for extended periods of time. Under the TRIPs agreement, most countries will have to upgrade their national intellectual property laws -- regardless of their impact on national development strategies and domestic social policies.

For example, India has historically denied patents for pharmaceutical and agricultural products to ensure their broad availability to the public. Brazil and Argentina have allowed patents on processes but not on products, ensuring that domestic firms can develop socially useful products such as medicines and improved seeds through reverse engineering: while they may not copy the formula of a patented product, they may create their own formula that produces an identical result.

These national policies are subject to reversal by certain clauses in the TRIPs agreement; exceptions may be conferred providing they do not "unreasonably" conflict with or "jeopardize" the rights of a patent holder. Similarly subjective terms make it difficult for a nation to regulate the use of trademarks within its boundaries: "The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements..."

As with some of the terms of the TBT and SPS agreements, such language in the TRIPs agreement is ambiguous and subject to the discretion of the participants on any potential dispute resolution panel. The potential for institutional capture is great, especially when the political processes are shrouded in private negotiations.

SECTION TWO:

FOUR CASE STUDIES

The ways in which a valid policy initiative can be paralyzed by the unresolved problems presented by processing and production methods, life cycle assessment, equivalency and mutual recognition, and institutional capture can be seen in all of the following cases. We will use each of the following stories, however, to emphasize one of these problems as follows:

The Timber Case

The case of timber is illustrative of the way in which consumer and environmental preferences have sparked fiercely competitive arguments among producers. The timber and wood products industries are prime targets of ecolabelling schemes, and yet a number of initiatives have been stymied -- largely because they have failed to address the interests of competing producers in a satisfactory manner.

In particular, the economies of developing countries will be affected dramatically. This industry constitutes 30 percent of the total export earnings for Burma, 18 percent for Laos, 14 percent for Indonesia, and 12 percent for Malaysia. Although the primary suppliers of European imports of wood pulp are the U.S., Sweden and Canada, developing countries supply 9 percent of the European Union's wood pulp imports. Given these factors, developing countries have reason to fear labeling schemes that would discriminate against tropical timber relative to timber from temperate and boreal forests. Their arguments are particularly valid considering that timber management in temperate and boreal forests is not sustainable, either.

In preparation for the 1992 Earth Summit in Rio de Janeiro, conference organizers prepared documentation for the negotiation of a legally-binding treaty on the management and sustainable development of forests. However, the U.S. led a few other countries in insisting upon limiting the agreement to tropical forests. Malaysia's response was resolute: "We need to have comprehensive studies on the deforestation of boreal and temperate forests ...[and] an agreed minimum level of forest cover for each country of the world... [We] call upon all countries, particularly the developed countries that have undergone extensive deforestation to draw up national forestry action plans ... aimed at substantially increasing their current extent of forest cover ... Countries which allocate more than their fair share in forest land [should] be compensated ... [and] any losses incurred by traditional users in reserving certain forests or modifying existing forest-land-use [should] be compensated."

Also in 1992, Malaysia and a number of other countries defeated the Austrian plan for a mandatory ecolabelling scheme for tropical timber products. The law required that, by September 1, all tropical timber imports would be labeled "made of tropical timber" or "containing tropical timber" and levied a 70 percent import tariff. Despite the fact that revenues from this tariff plus an allocation of $17 million of new and additional funds from Austria's treasury would be dedicated to compensating disadvantaged exporting countries and financing tropical forest protection, Malaysia and other timber exporters -- of tropical, temperate and boreal forests -- threatened to file a formal complaint with the GATT. They argued that the Austrian law discriminated against tropical timber producers relative to Austria's domestic producers -- it was discriminatory, protectionist and a hidden barrier to trade. The threats were sufficient. In November 1992, Austria rescinded the import tariff and mandatory ecolabel; a voluntary label for all timber products remains in effect.

Brazil has also argued strenuously that ecolabelling criteria are discriminatory to its producers, who use wood from plantation forests. Most existing schemes prefer recycled paper over virgin pulp and stipulate energy efficiency while ignoring renewable resources. Brazil claims that its pulp industry meets criteria for sustainable plantation forestry and utilizes renewable hydropower. While these qualities could be appropriately valued in Northern ecolabelling schemes, present criteria ignore these features and create systems which allow highly-polluting paper mills to shift the costs of environmental adjustment to suppliers of pulp.

Chile joins Brazil in arguing for better North/South balance in criteria-setting. Chile's wood industry draws 90 percent of its exports from plantations and its pulp industry meets stringent international standards for chlorine-free bleaching, effluent treatment, water consumption, energy use and sustainable forestry management while exceeding domestic regulatory standards.

Argentina's paper industry, on the other hand, is based on small firms using old equipment and outdated technologies; as a result its environmental impact is greater and the costs of compliance with international standards would also be greater.

Thus, the impacts of any ecolabelling scheme for timber will differentially affect producers in different countries. The scale and age of a producer's operation matters a great deal on the one hand, while the design of the criteria matters a great deal on the other. Achieving fairness in both regards, while enabling developing countries to sustain foreign exchange earnings, will require some innovation within existing ecolabelling schemes.

Innovative work is underway in several initiatives -- particularly in Indonesia and the non-governmental Forestry Stewardship Council. At the same time, such innovation could be cut short, as nearly occurred when the Australian and Canadian standards agencies sought to have the International Standards Organization establish a single global system for certifying sustainable forest management.

The Costs of Electricity Case

The case of electricity costs illustrates both the importance of life cycle analysis and the immaturity of methodological approaches to conducting a useful life cycle analysis. While factors inherent to a product's environmental impact can occur in many different phases of production -- from the extraction of raw materials to final disposal -- the lack of an accepted and consistent methodology for LCA makes comparative evaluations -- the whole point of most ecolabelling -- impossible.

Electricity inputs to manufacturing are a major cost factor and most fuels are highly polluting and consume depleting resources. On this basis, most ecolabelling schemes have established criteria for low-energy consuming products and PPMs. However, as the Brazilians have argued, a preference for low consumption is a PPM reflecting the conditions of consuming countries; Brazil's use of renewable hydropower in producing paper and other products, they argue, merits favorable treatment, too. Yet most existing ecolabelling schemes have no criterion for renewables, given their tiny share in industrialized countries' energy supplies. How these relative costs and benefits are -- and are not -- calculated illustrates the enormous analytical challenge presented in trying to develop a comprehensive approach to LCA that makes equivalency and mutual recognition possible.

Nuclear power is often invoked as the environmentally-benevolent alternative to fossil fuel-derived electricity, but such a conclusion cannot be reached after a life cycle analysis -- especially if health and safety costs are included. In setting energy prices, most public utilities ignore LCA altogether: neither the "front end" costs of the nuclear fuel cycle -- uranium mining and milling, fuel processing, equipment manufacturing and transport to the plant site -- nor the "rear end" costs of decommissioning and nuclear waste disposal are generally considered.

Furthermore, there is considerable public subsidization of this private sector industry. By 1990, direct subsidies from U.S. taxpayers to the nuclear power industry had added up to $US97 billion. These included:

According to the U.S. Office of Management and Budget as well as the Congressional Budget Office, direct subsidies to energy corporations for fossil-fuel exploration and production cost taxpayers more than $US10 billion per year in the early 1980s. These included:

Nearly half of the states in the United States have experimented with LCA methodologies to incorporate in some way the costs of externalities in their selection of new electricity supplies. A review of 30 studies of these approaches found that the salient feature in each was the list of excluded factors such as:

Another study by Pace University, called the Environmental Costs of Electricity , called "the state-of-the-art on U.S. externalities costs" by the German Marshall Fund, reiterates the limitations of LCA. This report excludes from its scope all calculations of costs incurred at the front end of the fuel cycle, all costs of controlling or mitigating damages, and all non-environmental costs -- whilst acknowledging their significance. "Valuation of environmental externalities is a discipline still in its infancy," it concludes. "A principal contribution of this study may be to point out .. the principal research needs that exist."

The Pace University researchers called Olav Hohmeyer's 1988 report for the Commission of the European Communities as "the most thorough study of externality costs" to date. Yet in this study, called Social Costs of Energy Consumption, Hohmeyer, too, is compelled to exclude multiple factors that a "full" cost accounting would entail. On Hohmeyer's list of excluded items are costs to the health care system, intermediate foods used in energy systems, certain states of the fuel cycle, some aspects of climate change, "routine operations" risks of nuclear plants, and hidden subsidies. Included are the impacts of energy consumption on production, employment and trade balances, the depletion of non-renewable resources, goods and services publicly supplied, monetary subsidies including accelerated depreciation, public research and development transfers, and defense costs -- in addition to environmental costs. Among other results, Hohmeyer concludes that the social costs of fossil- fuel fired electricity amount to 1.76-3.96 cents per kilowatthour while those of nuclear power are two to three times greater at 4.4-8.8 cents per kilowatthour.

No single study can pretend to reflect the full panoply of costs externalized by energy corporations; they are so diffuse that they are hard to identify and harder to quantify. Nonetheless, as Paul Bland notes in an article for the Harvard Environmental Law Review,

"one cannot escape setting some value. A decision not to consider external costs in itself quantifies them by setting their value at zero. This is unreasonable, given both the strong evidence that the costs are massive, and the significant difference between the externalized costs of traditional central station plants and alternative energy facilities. A crude approximation, made as exact as possible and changed over time to reflect new information, would be preferable to the manifestly unjust approximation caused by ignoring these costs."

Any ecolabelling scheme that purports to consider the energy impacts of a product based on life cycle analysis must consider this experience. Parties seeking to evaluate the environmental impacts of the energy consumed in various PPMs for like products must negotiate agreeable boundaries that enable comparison. Some standardization of methodologies for LCA could help in enabling mutual recognition, even if many complex facets of a product's life cycles were excluded from the analysis.

The Organic Foods Case

A dispute between organic producers in the U.S. and certification boards in Europe illustrates the potential problems for achieving mutual recognition. At the same time, the negotiations between these parties and the International Federation of Organic Agriculture Movements (IFOAM) intended to resolve the dispute could lead to raising the recognized international standards for organic certification to a higher common denominator.

Late in 1994, one of the most important organic foods certification organizations in the U.S., the Organic Growers and Buyers Association (OGBA), was informed by European organic standard-setting authorities that they would no longer automatically recognize the validity of the U.S. groups' label, thereby threatening the ability of U.S. producers using this certification organization to ship into Germany, France and the Netherlands under prior recognized terms of cooperation. In a letter to the U.S. Secretary of Agriculture, the Executive Director of the non-profit OGBA wrote, "This is an embargo -- pure and simple." The letter explains:

"In the Netherlands and France, government agencies are requiring excessive paperwork regarding certification of U.S. organic products prior to allowing import to those countries. The paperwork requirements are clearly over and above all previous requirements... however, attempts by U.S. certifiers to gather similar paperwork from exporters in each of those nations is met by legal barriers of 'confidentiality' that is a 'government requirement' for import, but a 'government prohibition' for export... In Germany, the situation is far worse. We have received correspondence that, in essence, says the importation of U.S. organic products into Germany will be banned after December 31, 1994."

The OGBA had received varying responses to its earlier letters expressing concern. The German agency cited three years old documentation of the OGBA's accreditation with IFOAM, the International Federation of Organic Agriculture Movements which has established a set of Basic Standards of Organic Agriculture and Food Processing recognized in many countries of the world, and requested further information. The Dutch agency politely acknowledged that "[a]t this moment we are discussing with OGBA how we can minimize the exchange of information on certified companies between our two organizations."

Whether this case represents legitimate discrepancies between different organic food certification systems or simply a disguised trade barrier put up by the Europeans may be known only to those involved. If the dispute continues to escalate, the parties may find one of their respective governments referring to the Uruguay Round Agreement on Technical Barriers to Trade, which obligates member governments, "at the request of other Members, to be willing to enter into negotiations for the conclusion of agreements for the mutual recognition of results of each other's conformity assessment procedures. Members may require that such agreements ... give mutual satisfaction regarding their potential for facilitating trade in the products concerned."

As in the case of other Uruguay Round agreements, these terms are so ambiguous that their utility may be limited to matters of political will. Thus, if the negotiations between the OGBA and its European counterparts fail, this dispute could escalate to the level of a full-scale dispute at the GATT/WTO.

Meanwhile, IFOAM became engaged in the controversy and has proposed several dozen changes in the set of standards around which OGBA and the European parties were seeking mutual recognition. Although a settlement has not yet been reached, there are indications that there may be agreement on a large number of more stringent standards than had been in place before. In the absence of institutional capture, this negotiation could result in a higher common denominator for organic food standards that become applicable not only to those participating in the settlement but throughout IFOAM's global system.

The Artificial Breastmilk Substitutes Case

The following case illustrates institutional capture and the extreme leverage enjoyed by one major transnational corporation which has used international trade policy to pursue its corporate interests. The Gerber Company hopes to avoid compliance with labeling provisions of both Guatemalan national law and the World Health Organization's International Code of Marketing of Breastmilk Substitutes.

In October of 1992, Gerber Products sought to register a new baby food with the Guatemalan Food and Drugs Registration and Control Division (FDRC), in order to enter that market. The FDRC noticed that the label on the new product was not consistent with the national Law for Marketing of Breastmilk Substitutes and its Regulation, nor with the WHO International Code, and requested that Gerber make several changes to bring it into compliance, including the elimination of Gerber's familiar baby face logo, the addition of the words "Breastmilk is the Best for Baby," and the addition of a notice regarding the appropriate age at which the product should be introduced to the baby's diet.

Over the next year, FDRC and Gerber exchanged legal and political correspondence. Gerber sought an injunction against the FDRC's order, arguing that its new baby food was "complementary" and not a "substitute" for breastmilk, and therefore outside the jurisdiction of that law. This argument was rejected by the Prosecutor General. Meanwhile, the First Lady of Guatemala had solicited and been offered donations from Gerber, which she refused after meeting with the National Breastfeeding Promotion Commission (CONAPLAM), the Ministry of Health, and officials of UNICEF, the United Nation's Children's Fund. The government began administrative proceedings to exclude seven Gerber products from the national market; Gerber began legal proceedings. The government responded with its own suit, charging Gerber with violating not only the Law on Marketing of Breastmilk Substitutes but also for distributing unauthorized materials to hospital personnel, publishing unauthorized advertisements in the press, and engaging in direct contact with mothers in a private hospital.

By October 1993, the government sought an out-of-court settlement but Gerber was not responsive, instead initiating further legal procedures to allow the marketing of all its products without changing any label. That same month, the Costa Rican Minister of the Economy called his Guatemalan counterpart to accuse Guatemala of non-compliance with the Central America Free Trade Treaty. During the next half year, the political challenge escalated. The U.S. Ambassador to Guatemala hosted a meeting on November 19 with UNICEF and CONAPLAM, urging the Guatemalan authorities to negotiate with Gerber; they responded that their laws were not negotiable. In February 1994, Guatemala's Ambassador in Special Mission to the U.S. met several times with officials of the State Department and a Gerber executive, who told him that "they will fight with all their strength for the application and enforcement of their industrial property rights in Guatemala" and that "negotiations are being undertaken to secure sanctions against Guatemala." Partial solutions were devised for several of the products, including the placement of a sticker over the baby face that offered the essential text.

By June, Gerber's Vice President and General Manager for Latin America Frank T. Kelly was corresponding directly with the President of Guatemala, Ramiro de León Carpio, putting on record a remarkable set of threats as follows:

"... We have decided to withdraw the accusation and the requirement for commercial rights before the authorities of the General System of Preferences, with the purpose of not damaging Guatemala's status as beneficiary... Therefore, to confirm our goodwill and intention to search for a favorable solution, we will limit our activities to Washington DC. This way we will maintain the defense for our rights and we will grant the opportunity to solve this matter officially and legally, without harming the interests of the Government of Guatemala in this moment. Upon the favorable and permanent solution of this matter, we will withdraw all complaints before the CBI, Gatt, and any future instance before the authorities of the General System of Preferences. We will be prepared to reactivate the defense efforts for our rights before the CBI, Gatt and in the Congress of the United States of America, if a final and favorable resolution is not reached in the short term. We will initiate actions through the Caribbean Basin Initiative (CBI) using our right established in the legislation referring to the "Interim Trade Program" which also protects basic aspects of intellectual property and famous trademarks. Therefore we request your intervention in order that the Guatemalan Ministry of Health will stop deterring our importation requirements and rush the approval and renewal of the sanitary registrations of the Gerber food products."

The political and economic basis of these threats may be more forceful than the legal grounds. The central question is whether Guatemala's national law is subject to being overturned by international agreements.

According to information obtained by the Geneva Infant Feeding Association and other supporters of the WHO International Code, Gerber would have to identify a sympathetic government willing to bring a legal dispute before the GATT. Although the Uruguay Round agreements on TBT, SPS and TRIPs do have some relevance, they are not yet fully ratified and phased in according to terms of the specific agreements. Under TRIPs, for example, developing countries are given 5-year or 10-year grace periods, depending upon their degree of impoverishment, to bring their national laws into compliance -- leaving Gerber powerless to utilize this provision against Guatemala until 2006.

Alternatively, the U.S. government could bring a Super 301 case against Guatemala, which is on the U.S. Trade Representative's 1995 "watch list" as one of dozens of countries it considers to be inadequately moving towards the intellectual property rights regime defined in the TRIPs agreement. Under Super 301, a provision of U.S. trade law, a country may be subject to unilateral trade sanctions if the Trade Representative's Office should find its trade policies to be "unfair and inequitable ... and a burden to U.S. commerce."

The provisions of the Caribbean Basin Initiative (CBI) and the General System of Preferences (GSP), also cited by the Gerber executive, are similarly written to the advantage of the U.S. in relation to its trading partners. Under any of these scenarios, Guatemala could lose a considerable amount of foreign exchange revenues as a result of trade sanctions and other retaliatory measures imposed by the U.S.

In light of the Gerber versus Guatemala experience, some restructuring of international institutions appears to be needed, with public policy objectives firmly in mind. This restructuring could reassess:

In addition, consideration should be paid to the lack of any mechanisms for the international oversight of transnational corporations and, in particular, their use of restrictive business practices. Such a comprehensive reassessment of the international institutional framework could help in achieving a better balance amongst producers and between producers and consumers in the design of an ecolabelling regime that is consistent with the GATT rules for non-discrimination and an effective instrument for achieving environmental, health and safety, and other social policy objectives.

SECTION THREE:

CONCLUSION AND RECOMMENDATIONS

As a market-oriented instrument of social policy, the question before us is whether ecolabelling will contribute to environmental protection, improved health and safety, and the achievement of a more just society -- or will it exacerbate trends towards the inequitable distribution of wealth, becoming just one more of the restrictive business practices employed by transnational corporations to unfairly compete in an increasingly monopolistic commercial world. Can ecolabelling provide avenues for low per capita income countries or regions to gain access to this market niche? Or will it worsen their circumstances? If the answers depend upon how a particular ecolabelling program is designed, and how differing ecolabelling programs are reconciled, what are the conditions required to achieve desired positive results?

A. CONCLUSION

There is evidence that labeling has been very successful in meeting environmental objectives in some cases. In Germany, for example, the labeling of low-emissions oil and gas heating appliances reduced the quantities of sulphur dioxide, carbon monoxide, and nitrogen oxides emitted by 30 percent; the labeling of low-solvent paints and varnishes increased the market share for these products from 1 to 50 percent with an estimated reduction of some 40,000 fewer tons of solvents released into the environment.

On the other hand, there is also some evidence that labels can be ineffective or even a disincentive. Manufacturers avoided the Netherlands' ecolabel for refrigerators, first published in late 1993, presumably in order to seek the impending EU label instead which would allow some use of hydroflourocarbons excluded from the more rigorous Dutch scheme. And Korean consumers avoided certain ecolabelled products, preferring virgin materials when price factors were equal.

On balance, however, green products seem to sell well -- judging from the many producers who have invested in green public relations. A survey in the Philippines, for example, identified 25 companies advertising their ecological commitment in one English-language daily newspaper. Of these, 3 promoted ecotourism, 6 promoted wildlife preservation, and 13 catered to female consumers of household and personal care products. Another promoted steel as an alternative to timber. As if a life cycle analysis of steelmaking would not show severe impacts in forests, as well as on steelworkers and nearby residents, one ad of the Filipino National Steel Corporation urged consumers:

"Use steel. Or the earth could pay a heavy price. The tag on this stylish set tells you its price in pesos. But not its price in trees, forests and watersheds. So check out the steel furniture instead. They're stronger, more durable and more versatile. As far as the earth is concerned, there are no hidden costs involved."

If ecomarketing is here to stay, then ecolabelling may provide consumers with both information and a political instrument capable of regulating such "greenwash" -- providing the ecolabelling institutions remain vehicles of balanced policymaking. Consumers must have ample access to and authority within the institutional mechanism, and smaller businesses must be as well represented as larger firms. This is as true at the international level as it is within a national context.

Apart from the institutional issues of transparency and balanced participation in the policymaking process, consumers and producers both rightly note that existing structures and incentives -- whether regulatory or market-based -- are generally inadequate to ensure investment in environmental, health and safety, and other socially responsible management processes. At the same time, structures and incentives must be altered to ensure competition within the different markets for ecological and otherwise socially responsible products.

Taken together, the concerns of consumers and producers suggest the need for public policies linked to ecolabelling schemes that meet the following objectives:

Is this feasible? Implementation of these objectives will require real changes in political culture within nations and across nations. International solutions must be found to the difficult problems presented by processing and production methods, life cycle analysis, equivalency and mutual recognition, and institutional capture. As the four case studies demonstrate, interested parties are deeply entrenched in current structures organized according to contrary principles.

B. RECOMMENDATIONS

In seeking to make the implementation of effective ecolabelling policies feasible, we will offer a few recommendations in the context of existing ecolabelling programs and the policy discussion above.

1) Ecolabelling schemes should be linked to a public campaign of intensive consumer education based on accurate, thorough and intelligible product information.

While almost all of the existing ecolabelling programs are backed by scientific institutions verifying accuracy, virtually none of them can claim to be thorough -- either in product coverage or in terms of the information available for each product. Most are struggling within the institutional context to reconcile the responsibility to provide thorough information with the convenience of a simple marketing message, best conveyed by a familiar logo.

In the four case studies, policy paralysis resulted from uneven demands for, availability of, and quality of information. Timber consumers have been acutely aware of the problems of the rainforest and relatively unaware of the problems of unsustainable management of temperate and boreal forests; as a result, the proposed criteria for timber processing and production methods were not equivalent for tropical producers relative to temperate and boreal producers. Similarly, European organic food certifiers demanded more processing and production information from U.S. producers than was provided in return; as a result, consumers on either side of the ocean would not get equivalent information which in turn meant the producers on either continent would be thrown into unfair competition. In the case of electricity, it is apparent that consumers respond to the information conveyed in energy prices, but that information is based on incomplete life cycle analysis and is further distorted by certain policies of captured institutions; thus, mutual recognition of LCA methodologies for energy costs across labeling regimes would be premature. And in the artificial breastmilk substitutes case, information demands were simply disregarded by powerful interests backed by captured institutions while, arguably, misinformation was provided -- if Gerber's baby-face logo implies that its products are unconditionally good for babies.

Information exchange is key to any society's daily life. Education regarding the broadest range of environmental, health and safety, and other social impacts of production and consumption should be supported not only in the marketplace through ecolabelling and other economic instruments but also in the news media, as part of school curricula, and in other community fora. Different perspectives must be available: from a consumer standpoint, from an ecologists' standpoint, and from a producer's standpoint -- in the context of stimulating an important public debate. All consumption and production should be subject to such scrutiny and all information should be explicit and verifiable; likewise, the dissemination of inaccurate information such as that presented in some advertising should be discouraged. In all cases, information should be provided in multi-lingual, multi-cultural formats -- including graphic information.

2) Ecolabelling schemes should broaden their scope to include social criteria -- prioritizing the health and safety of consumers, workers, communities and ecosystems; when criteria differ, they should seek mutual recognition and equivalency based on negotiations to define minimum levels of protection while encouraging better practices.

Only the Nordics and the Indonesians, of all the governmental and intergovernmental ecolabelling schemes, have introduced social concerns -- reflecting their respective social conditions -- in their criteria. Most have not. In contrast, many fair trade organizations are now introducing environmental criteria to their labeling programs. Indeed, there is an established regulatory framework for many health and safety issues which should be integrated in new public policies aimed at altering consumption and production patterns in order to achieve sustainability.

As integration occurs, however, the result is often a drive towards middling standards. The European Union's ecolabelling regulation, for example, creates incentives for Ireland and Portugal to accept standards for peat and paper more stringent than they wish, but the regulation may also undermine more stringent standards for paper and other products in the Netherlands.

In cases of institutional capture, standards may fall toward the least common denominator. As negotiators representing participating governments at Codex Alimentarious, for example, officials of many transnational food companies' have succeeded in establishing weak standards for levels of pesticide residues. And the U.S. Food and Drug Administration's promotion of genetically-engineered foods at Codex could undermine the EU's bans and other jurisdictions' initiatives for labeling. In July 1995, the U.S. forced three votes at a meeting of Codex -- which has only resorted to voting twice before in its 35-year history of consensus-based negotiations -- aimed at declaring the use of genetically-engineered hormones that promote growth in beef cattle and milk production in dairy cows to be "safe." First, the European Union lost its motion to delay action on a motion regarding the beef hormones; second, the U.S. won its motion declaring that Codex standards should be based solely on science; third, the European Union won its motion to delay action on the U.S. proposal asserting the safety of recombinant Bovine Growth Hormone (rBGH.)

With the GATT agreement on Sanitary and Phytosanitary Standards stipulating that WTO Members must justify national standards stronger than Codex, the drive towards the middle or lower becomes locked into global policy. Indeed, the European Union's agriculture commissioner announced in early June 1995 that the new GATT rules obliged him to reconsider the EU's ban on imports of genetically-engineered beef hormones; the "situation needs to be reassessed from a scientific point of view," he said. His counterpart in the U.S. insisted that the "United States will not accept the use of unsound science to restrict trade.... None of us can afford to have unjustified sanitary regulations become the next predominant trade barrier." Another U.S. official confirmed that the U.S. would take the EU to the WTO on this matter, which costs U.S. beef producers $100 million per year in lost sales.

The GATT agreement on Technical Barriers to Trade also stipulates a number of disincentives to strong national rules protecting consumers, workers, environmentalists and others seeking social regulation. Standards recommended by the International Standards Organization or other agencies, especially those captured by powerful interests, could likewise be set as upper limits by future negotiators at the WTO.

This drive towards middling or lower standards is not inevitable. The international and multi-party character of IFOAM, recognized by both parties in the organic foods case, has not inhibited IFOAM's commitment to progressively strengthen its standards for organic food certification while adding components for social justice and fair trade.

3) Ecolabelling schemes should be linked to compatible financing vehicles to enable compliance while ensuring competition; they should seek to negotiate a standardized approach to life cycle analysis in order to better structure loan arrangements.

Existing ecolabelling schemes are silent on financing, despite the fact that many national policies and international agreements are accompanied by firm institutional commitments to finance technology transfer and other instruments critical to their implementation. The drive towards middling or lower standards could be offset by adequate incentives for conversion to sustainability.

Lacking capital, many producers will oppose ecolabelling initiatives; others will simply be unable to compete in the eco-market niche. As a result, the capacity of existing schemes to deliver effective results is weakened. At the same time, larger firms with more discretionary capital can more readily make the investments needed to both upgrade their facilities to comply with PPM criteria and to document their compliance. Without tied credit, the market becomes more rather than less monopolistic.

The amounts of credit needed are substantial. In the timber case, the $17 million of additional funding offered by Austria to compensate tropical timber exporters who would lose markets initially while enabling their conversion to sustainable production was not sufficient to overcome the political opposition of competing producers. Indeed, UNCED Secretary General Maurice Strong, who organized the 1992 Earth Summit, calculated it would require investments of some $625 billion to offset structural incentives for unsustainable development.

Sustainable forestry practices and clean paper production require immediate outlays for new personnel and equipment as well as adjustment in financing to accommodate losses in yield. Financing is essential to cover short-term losses as well as to enable investments that may be recouped over time as consumer prices rise in response to reduced supplies; only adequate financing can avoid the type of producer conflicts that have stymied timber policies for decades. Financing is particularly crucial if smaller and older industries such as the paper sector in Argentina are to participate. In the alternative, the least-well capitalized producers will continue to pollute until their timber resources are exhausted.

Similarly, small farmers practicing organic agriculture frequently require extended credit with which to rebuild soils exhausted by chemical and mechanical systems, to accommodate additional labor costs, and to adjust to smaller yields due to insect damage, especially during a transitional decade. Developing countries dependent upon chemical-intensive commodity production have no hope of converting to more sustainable agriculture without significant financing.

In the case of electricity, only massive investment in the development of renewable energy resources will shift production from fossil-fuel and nuclear-powered systems in which vast quantities of capital have already been sunk. Small producers using renewable fuels and otherwise minimizing the life cycle costs of power generation depend upon long-term financing to establish operations, often within a glutted market. This is particularly true when captured institutions distort the market by offering public subsidies to operators with high life cycle costs.

Life cycle analysis, while presenting formidable analytical challenges, can help in determining and appropriately allocating the costs and benefits. Loans can be structured according to paybacks as energy, agriculture, forestry and other systems convert to sustainability -- providing that conventions for standardizing its application can be negotiated. Payment arrangements can be shared among producers, consumers, and the public sector according to shares in long-term benefits. Especially given evidence that many environmental improvements produce cost savings in the long run, effective financing instruments should be feasible to design and implement.

For example, one proposal would finance sustainable commodities production under auspices of the international commodity agreements -- international instruments negotiated between the producing and consuming countries of a single major commodity such as coffee, cocoa, tea, rubber and many minerals. Under this proposal, the producer and consumer countries could finance a transition to sustainable commodity production by any one of three mechanisms: an agreement to comply with high international PPM standards financed on credit payable with increased earnings to be achieved through cartel pricing; an agreement to pay import tariffs on products produced by less-sustainable PPMs with the revenues transferred to a multilateral fund to support technology transfer and other conversion projects; or an agreement by which exporters gradually comply with stronger PPMs in exchange for preferential access to the importers' markets for those products complying with the higher PPMs.

The simple availability of adequate credit would ensure access for smaller producers and developing countries to the ecolabelled markets, while ensuring greater competition.

4) Ecolabelling schemes should seek to negotiate procurement agreements with major consumer institutions to achieve essential economies of scale.

As long as the market niche for ecolabelled products remains small, only a few producers will be able to participate and, obviously, the overall environmental and social impacts remain negligible. As the market grows, more producers become interested in seeking the labels; as it continues to grow, it becomes more feasible for producers to anticipate returns on their investments sufficient to undertake private financing arrangements. Competition increases, an industrial sector adjusts, and aggregate environmental and social benefits expand. On the other hand, restrictive business practices may prevail in the absence of a substantial and growing market.

The prime vehicle for influencing any market is government procurement. When the U.S. decided to stimulate private domestic production of integrated circuits for computers in 1962, the Department of Defense ordered 160,000 units for strictly military purposes at a price of $50 each. By 1968, the federal government was procuring 120 million of these computer chips, a level of production that enabled the price to drop to $2.50 each. Today, billions of these chips are produced in the U.S. for non-military purposes; virtually all automobiles, cameras, stoves, clocks and other consumer goods operate electronically with cheap mass-produced integrated circuits.

The procurement by governments, schools, hospitals, major corporations, and any other large institution of ecolabelled products can create economies of scale sufficient to convert whole industries to sustainable PPMs. For example, the consumer population of the State of California is so large that it can affect PPMs for the whole country. Laws raising the state's air quality standards, for example, have regularly driven the entire U.S. automobile industry to invest in building automobiles with lead-free gasoline systems and improved miles-per-gallon performance. When the California legislature passed Proposition 165, requiring all products produced with carcinogens or mutagens to be so labeled, the label began appearing on these products nationwide, as it was more economical for manufacturers to implement the change throughout their production systems.

Institutional procurement of sustainably forested timber, renewable energy supplies, organic foods, and other preferred products can ensure that conscientious producers find adequate markets, that conscientious consumers can buy the products they desire, and that ecolabelling schemes can achieve significant results.

5) Ecolabelling schemes should ensure balanced access to and influence within policymaking structures.

Unless decisions are informed by the genuine concerns of all parties, they cannot be implemented effectively. Capture can occur easily, and be as detrimental to civic discourse as it is to protection of the environment, health and safety, and other goals of society.

In resolving conflicts over processing and production methods, policymakers must be sure that they are informed by consumers advocating PPMs as well as by producers advocating technology transfer and market access. In resolving the analytical conflict over LCA, policymakers must again be certain that the boundaries set in standardizing a methodology appropriate for contemporary ecolabelling schemes address both the product-related PPMs of interest to consumers in importing countries and the process-related PPMs of concern to manufacturers in exporting countries. In developing equivalencies between and amongst ecolabelling schemes, policymakers must be sure to compare the relative life cycle impacts of renewable energy sources where supply is ample with energy efficiency where demand is high.

Institutional reform according to principles of democratic global governance is much needed. Generally, social policy with a weak mandate has derived from the United Nations body of agencies while economic policy with a strong mandate has derived from the so-called Bretton Woods group -- the GATT, the World Bank, and the International Monetary Fund. Neither set of institutions is especially democratic. The UN gives every government equal voice and one vote except in the Security Council; the World Bank and IMF are governed on the basis of weighted votes according to governments' financial contributions; the GATT historically gave every participating country an effective veto but under the WTO, dispute panel decisions will be binding unless rejected unanimously.

Certainly we are in the early stages of a period of systemic overhaul. In recent years, a number of new international institutions have been created such as the WTO and the Global Environmental Facility. Others are proposed, such as a Global Environmental Organization with authorities beyond the weak UN Environment Programme. Amalgams of existing institutions are also discussed: one proposal suggests a bifurcated structure comprised of a "competition agency" to handle subsidies, intellectual property, restrictive business practices, corruption and so forth -- perhaps based on the WTO, and a "cooperation agency" to deal with research, technology transfer, harmonization and mutual recognition of standards, and macroeconomic coordination -- perhaps based on the tripartite International Labor Organization.

While institutional innovation at the international level undoubtedly proceeds into the next century, certain principles are fundamental prerequisites to any international institution that expects to balance competing interests in order to achieve successful policies. Broad participation of all interested parties is essential. Transparent negotiations based on accurate information that is appropriate to differing economic, social, ecological, and cultural circumstances, must be encouraged in multi-party and multilateral frameworks.

The differentiation of markets into those that are ecolabelled and those that are not will not necessarily increase opportunities for small producers while lowering consumer prices, as the theory of monopolistic competition would suggest. To the contrary, ecolabelling could exacerbate current global trends by which developing countries' shares of international markets shrink and, within all countries, small businesses' shares of both national and international markets shrink unless ecolabelling schemes are accompanied by aggressive affirmative policies to facilitate the participation of small firms and developing country exporters.

In sum, political processes fully engaging consumers and environmentalists, health and safety advocates, and other social reformers with producers large and small, committed to devising policies linked to adequate financing, standardized life cycle analysis, and strategic procurement can ensure that ecolabelling contributes effectively to building a more sustainable future.

APPENDIX:

SURVEY OF EXISTING SCHEMES


A. NATIONAL PROGRAMS

Germany organized the first national voluntary ecolabelling program in the world in 1978. Since then, about two dozen others have been created -- separate and distinct from private schemes such as those in the United States and intergovernmental schemes such as those of the Nordics and the European Union as a whole. Despite this proliferation, few have achieved impacts significant to international trade.

For example, the United Nations Conference on Trade and Development (UNCTAD) selected just the national programs of Canada, Germany, Japan and the Netherlands, and the intergovernmental programs of the European Union and the Nordics in building its statistical analysis of the value of international trade that may be or may become exposed to ecolabelling.

In many parts of the world, ecolabelling is a novel component of environmental planning. Documentation is scanty and change is rapid. The following describes a few of the more established national programs in some detail, while providing a snapshot of features of interest from programs in a few other countries.

Austria

By a vote of Parliament on June 5, 1992, Austria passed the world's first mandatory ecolabling law and a voluntary label for all sustainably produced timber. The law required that, by September 1, all tropical timber imports would be marked "made of tropical timber" or "containing tropical timber" on a label measuring 10 x 10 centimeters. In addition, the Parliament levied a 70 percent import tariff, with revenues plus an allocation of $17 million of new and additional funds from Austria's treasury dedicated to compensating disadvantaged exporting countries and financing tropical forest protection projects.

The law was challenged immediately -- by timber exporting countries, particularly Malaysia and other members of the Association of South East Asian Nations (ASEAN), and others including Japan, Canada, New Zealand, and Australia -- as a violation of GATT principles of non-discrimination. They also complained that the legislation was implemented without prior notification of affected parties and that the levy was not properly counterbalanced to achieve a revenue-neutral result between Austria and its trading partners. The complaint was reviewed at the GATT Council meeting of November 1992. Amid sharp criticism, Austria decided to rescind the import tariff that December and rescinded the mandatory ecolabel in March 1993.

The voluntary label remains in place. The "quality mark" for all kinds of sustainably produced timber is awarded by the Federal Ministry for Environment, Youth and Family. The criteria require:

Canada

Canada's Environmental Choice program, which addresses both products and services, uses an "EcoLogo" depicting three birds whose tails fan out in a resemblance to a maple leaf, the national symbol. It is administered by Environment Canada, an office of the federal Ministry of the Environment. The Environment Minister appoints an independent volunteer board which makes certification awards in conjunction with the Canadian Standards Association based on a good deal of citizens' input. Draft guidelines are published in two national newspapers, the federal reporter, the Environmental Choice newsletter, and mailed to more than 6,500 individuals, companies, and local governments officials. Government procurement and institutional purchasing have stimulated a large portion of the market for EcoLogo products.

In determining certification criteria, the Environmental Choice board considers the full life cycle of a selected product or service, and identifies ways the product or service could be developed to lesson its environmental impacts. Criteria are designed to achieve these reductions while accommodating established safety and performance standards. The program emphasizes that it does "not use the words 'environmentally friendly' ... because we do not want to suggest that these products or services are perfectly harmless to the environment... [P]roducts or services are certified by Environmental Choice because they help reduce the burden on the environment in specific ways."

Certified manufacturers and service providers pay an annual fee to use the label, based on annual gross sales. Compliance with the criteria and all Canadian laws and all "applicable laws and regulations" is verified annually. The Canadian program requires inspections of all applicants' manufacturing facilities, whether in Ontario or Manitoba -- or China, payable by the applicant. For example, a textile manufacturer in China seeking the Canadian label for cloth shopping bags was fortunate that a Canadian official was in China at the time and able to inspect the plant for minimal costs, just travel within China and the time involved.

By early 1995, the Canadian EcoLogo program had established criteria for 31 product categories and awarded labels in just 15 categories for some 1,500 products to 116 manufacturers, of which 17 were foreign.

Also in 1995, the Canadian Standards Association published draft voluntary guidelines for Sustainable Forest Management, applicable to a wide range of forest conditions. Although environmental groups were invited to participate in the development of the guidelines, none did so and none have endorsed them to date. The guidelines are designed to enable independent auditors to assess forestry practices according to standardized norms.

China

A "green sign" label has been launched; the label is awarded for "green food" products according to a life cycle analysis that evaluates pollution impacts during production and transportation, and requires recyclable packaging as well as high nutritional value. More than 380 labels have been awarded. Consumer demand is high, and production plans are great.

Germany

The first national eco-labeling program was launched in 1977 by Germany. For more than 10 years, the German program operated alone in the world. By early 1995, the German program had established criteria for 81 product categories and awarded labels in 61 categories for some 4,350 products to 1,058 manufacturers, of which 175 were foreign.

Initially, the "Blue Angel" logo was accompanied with the words "Environmentally Friendly"; when critics from Germany's Green Party pointed out that no manufactured goods are truly environmentally friendly, the wording was changed to "Environmentally Labeled." Meanwhile, German consumers' preference for "environmentally friendly" products increased from 57 percent in 1981 to 72 percent in 1991.

For the more popular product categories, the Blue Angel program publishes detailed information sheets. The criteria for these products include:

The program bases its awards on a comparison among like products based on a life cycle analysis, usability, and safety criteria. For-profit businesses are explicitly excluded from the criteria-setting process, although they do participate in other aspects of the program. The Blue Angel is jointly sponsored by an Eco-Label Jury -- consisting of independent representatives of the business, environmental, consumer, trade union and religious communities in addition to the government; the German Institute for Quality Assurance and Labelling (RAL); and the German Environmental Protection Agency.

Periodically, the Jury pre-selects product groups based on recommendations that come almost without exception from manufacturers; the proposals undergo technical study by the RAL. Out of some 200 proposals each year, the Jury selects 3-6 product groups for further development. Proposed criteria for these groups are submitted to an experts' hearing organized by the RAL for factual review before final publication by the Jury. The RAL then evaluates each applicant's products and comments submitted by the Environmental Protection Agency or the relevant German state government. Usually within a few weeks, successful applicants are offered a contract for use of the Blue Angel label on the product itself and on advertising for the product. The application process is free but use of the label entails a fee of approximately $US215, an annual contribution ranging from about $US250 to $US2842 depending upon sales revenues for the labelled product, plus another contribution in the amount of 20 percent of that sum to an "advertising fund" for the Blue Angel label itself.

Approval is granted for three years to leaders in each product category, as a means of continuously upgrading the norm for that category. When the market for a category is saturated with environmentally sound products, no further labels are issued.

Foreign applicants are asked whether their manufacturing plants meet relevant German standards. As of 1992, the Blue Angel had been awarded to 89 foreign firms -- all European -- representing 12 percent of all firms using the label.

India

Set up in 1991, India's voluntary scheme offers an "Ecomark" for products meeting specified criteria including quality, performance and safety requirements of the Bureau of Indian Standards (BIS). The Ministry of Environment and Forests convenes a Steering Committee to identify product categories and develop criteria, and a Technical Committee to certify eligible products. The license fee to use the Ecomark can cost about US$1,700 to cover texting and verification procedures, and is awarded for a minimum of one year with annual renewals, subject to revocation by the BIS. The program addresses the life cycle impacts for products in 16 categories including soaps, paints, paper and packaging although by 1993 awards had only been made in two of these categories.

Indonesia

In late 1993, the Indonesian government and a former Minister of Population and Environment initiated the Indonesian Ecolabelling Institute, intended to become an independent non-governmental agency. The initial goals are to set criteria and define indicators for forest sustainability, although other manufacturing and agricultural products will eventually be included.

Draft criteria have been based on public consultations and the work of the International Tropical Timber Organization, the International Standards Organization TC 207, and the Forestry Stewardship Council as well as numerous other national and regional wood products certification schemes such as the Soil Association UK, the U.S.-based Rainforest Alliance, the German Initiative Tropenwald and the Green Label of the African Timber Organization. The criteria assume three general goals -- sustainability of the forest's production function; of its ecological function; and of its social and cultural functions.

In addition to requiring the payment of a restoration fee and other fees or taxes, forest managers must submit a five year working plan addressing both village development and environmental management and monitoring; aerial photos and satellite images; financial reports; incremental data collections; and reports on boundary maintenance and road construction. An assessor reviews this data; if it is in order, a team of experts and local stakeholders will visit the forest and its communities. Community endorsement is required for certification.

As of March 1995, the draft criteria include:

Japan

The Japanese "Eco-Mark" was announced in February 1989, after a contest resulted in a logo with a pair of arms encircling the earth. It has words reading "Protect the Earth" above the design, and a phrase describing the key environmental value of the particular product below.

In addition to marking products, local officials are invited to use it to sponsor activities such as a recycling project. Japanese consumers are quite committed to environmental protection: 87 percent are willing to accept lower living standards and 60 percent are willing to pay more to preserve the environment or conserve resources.

An Eco-Mark Office within the Environmental Agency determines product categories and sets criteria. Eligible products are either "produced with environmentally sound manufacturing methods;" "place a minimal burden on the environment;" or "made from recycled materials or materials that can easily be recycled." All products meeting this criteria may be awarded a label. The Japanese program is one of the few national schemes that sets absolute rather than relative criteria, offering the label to all eligible manufacturers, with no intention of identifying environmental leaders through the design of exclusive criteria.

Companies applying to use the label pay a fee based on the retail price of the labeled product --ranging from 40,000 yen for products retailing for 1,000 yen or less to 100,000 yen for products costing 100,000 yen or more. Awards are valid for two years, renewable upon written request; reapplication is required if the product has changed in any way. The first list of product categories included:

Additional categories followed promptly. By early 1995, the Japanese program had established criteria for 65 product categories and awarded labels in 63 categories for some 2,320 products to 1,039 manufacturers, of which 22 were foreign. Although the application forms are in Japanese, a Japanese official will help foreigners to apply.

The Netherlands

Stichting Milieukeur, the Dutch national eco-labeling organization, had by April 1994 established criteria for toilet paper, shoes, television sets and refrigerators with criteria for fabric, clothing, and window treatments in progress. Its standards tend to be more stringent than those of the European Union; according to the director of Stichting Milieukeur, "some 50% of the products currently on the Dutch market would meet the European requirements. That's why we will keep the Dutch label," she said.

The Dutch criteria for tissue paper, for example, sets absolute threshold levels for various types of pollution while the EU program is based on "total load points" for seven pollutants. The Dutch criteria stipulate:

In the manufacture of shoes, the criteria stipulate:

For television sets, the Dutch require:

In eligible refrigerators, the Dutch disallow hydroflourocarbons (HFCs) and hydrochloroflourocarbons (HCFCs) -- a criterion so strict that manufacturers have not sought the label.

By early 1995, the Dutch program had established criteria for 20 product categories and awarded labels in 4 categories for some 40 products to 10 manufacturers, of which 3 were foreign.

The Netherlands has established national policy on tropical timber, too, which also involves ecolabelling. In June 1993, the government concluded a "Covenant" -- an enforceable agreement within Dutch civil law -- with timber companies, trade unions and environmentalists stipulating that by the end of 1995 all tropical timber imports must come from sustainably managed forests and be furnished with an ecolabel.

Recently, the Dutch Ministry of Agriculture, the Environment and Fisheries contracted with two non-governmental organizations to develop criteria for agro-environmental certification. While a strictly defined label for organic products already exists, the very narrowly defined criteria for this label limit its impact on the majority of Dutch agricultural production. Thus, the goal of the new project is "to facilitate the transition to sustainable farming for the entire agricultural sector by identifying the progress made by large groups of producers." Certification, then, will not imply that a product was produced sustainably but rather that it is the most environmentally friendly in its category.

Criteria will not be based upon methods of production; instead, they will be designed to achieve targeted improvements, measurable against a "yardstick." Under consideration are the following:

These criteria and the yardstick measures are still undergoing development. Meanwhile, planners are developing operational goals as well, including the definition of an Agro-Environmental Certification Foundation; an inspection system based upon a contract between the producer and the buyer, either of whom could carry the certification, and a third party that stipulates regular improvement against the yardstick with explicit penalties for failure to do so; marketing strategies including certified producer cooperatives; building relationships with other environmental institutions; and creating international agro-environmental certification at the European and global levels.

Republic of Korea

Begun in June 1992, the Korean "Ecomark" seeks to promote the use of indigenous technologies for pollution control while promoting consumer and environmental awareness. The Ecomark is administered by the Ministry of Environment which prepares an advisory document in consultation with several technical institutions. An Ecomark Committee then selects product categories and drafts criteria for the consideration of another committee which, in turn, publishes the proposal, holds a public hearing, and submits its proposed amendments back to the Ecomark Committee for a final decision. Applicants submit their products to a technical review committee with a fee between about US$40 and US$1,250.

Twelve product categories have been selected, including recycled plastics, tissues, and packaging materials; reusable diapers; regenerated soap made with waste edible oils; aerosol sprays; water valves; and non-asbestos brake linings. The criteria include:

Like in Japan, all products meeting the requirements may be labeled. While environmental awareness in the Republic of Korea is growing, there is evidence that some consumers may choose to avoid the ecolabeled products in favor of such products as virgin plastics and disposable diapers. After initiating the Ecomark, recycled toilet tissue -- which is less expensive than the virgin product -- was the only product category to increase its sales.

Singapore

Begun in 1992, Singapore's Green Label is administered by the Waste Minimization Department (WMD) in the Ministry of Environment. An Advisory Committee develops draft criteria -- drawn from other schemes including those of Japan and Canada -- for products selected by the WMD, which are finalized after publication and comment. The WMD also conducts very simple testing and certification. Like in Japan and the Republic of Korea, all eligible products may be licensed. Applications are free for the first year after the announcement of guidelines for a new product category; licenses are valid for 5 years. After these deadlines, applications cost just US$20.00 and the license remains free for three years.

Criteria include:

By 1993, criteria for eight product categories were established and 18 Green Labels had been awarded. Of these manufacturers, 7 reported increased sales, 9 reported no difference in sales, and 2 lost sales.

Turkey

Called the "friend of water and the environment label," Turkey's scheme is promoted by a number of institutions.

United Kingdom

The UK Ecolabelling Board is appointed by the Department of the Environment and the Department of Trade and Industry. Acting in their personal capacity, members of this board have included personnel of major manufacturing companies including Kingfisher, Hoover, Pilkington Shell and Rhone Poulenc. As a result of industry lobbying, critics maintain, the standards are less effective for environmental protection. For example, the final criteria for tissue paper were considerably weaker than those initially proposed for both the amount of absorbable organically bound halogens in bleach-plant emissions and the allowable amount of virgin fibers.

B. INTERGOVERNMENTAL STANDARDS

Numerous intergovernmental fora are studying ecolabelling with the intention of determining policy in the near future. Others have already established ecolabelling policies and a few actually administer ecolabelling or other health and safety labeling programs.

In this segment, we will describe those of the Codex Alimentarious, the Convention on International Trade in Endangered Species of Fauna and Flora (CITES), the European Union, the International Standards Organization, the International Tropical Timber Organization, the Nordic Coordinating Body for Environmental Labeling, the World Health Organization, and the World Trade Organization's Committee on Trade and Environment.

Codex Alimentarious Commission

Latin for "food code," Codex Alimentarious is the body of international food standards developed by the Codex Alimentarious Commission. The Commission was established in 1962 by the Food and Agriculture Organization and the World Health Organization, with the goal of promoting trade in food by harmonizing standards for food safety. At that time, the U.S. government chose not to finance its participation in the new organization, so the U.S. food industry did so instead.

As of 1994, 146 countries are members of the Codex Commission. Members may choose to adopt the Codex standards, which become legally binding only when adopted as national requirements. However, with the conclusion of the Uruguay Round of the GATT and entry into force of the agreement on Sanitary and Phytosanitary Standards (SPS), the standards, guidelines and recommendations of Codex Alimentarious will become the presumptive standard for food safety in GATT disputes.

Codex Alimentarious consists of standards, guidelines and principles regarding food production and processing including the concentration of additives, contaminants, pesticide residues, and animal drug residues; procedures for sampling and analyzing processed foods and for hygiene practices; and labeling. A new initiative addresses the inspection and certification of food imports and exports.

A geographically-representative Executive Committee makes proposals to the Commission, and may make decisions on its behalf subject to later approval. Proposals for a new standard may come from any of five types of subsidiary work bodies -- the World-Wide General Subject Codex Committee; World-Wide Commodity Codex Committees; Regional Commodity Codex Committees; Regional FAO-WHO Coordinating Committees; and Joint United Nations Economic Commission for Europe/Codex Alimentarious Groups of Experts --although the Codex Commission decides whether to pursue the development of a new standard and designates which subsidiary body will do the work. Each subsidiary body consists of various committees with assignments ranging from procedural to substantive matters.

The development of a standard passes through eight steps, although accelerated procedures are available when standards are updated, when new scientific information or technologies arise, or when urgent trade or health incidents occur. The steps are:

Members may accept the standard as adopted by the Commission in one of three ways: fully; with specified deviations; or passively acquiescing to the free distribution of products conforming to the standard within their jurisdiction. In the case of full acceptance, products not conforming with the standard are excluded from that country's markets. In the case of deviations, countries specify how products may differ from the standard and still circulate freely in their markets; in this case, countries may choose whether to accept the standard fully in the future and whether to allow products that do conform with the standard into their markets. In the case of acquiescing to free distribution, countries are not obligated to prevent non-conforming products from circulating in their markets.

Member countries notify the Commission of their choice regarding the three options for acceptance; the Secretariat to the Commission then publishes lists of countries that have accepted each standard by each of the three options. The primary enforcement mechanism has been border inspections although, as more and more standards address production processing, inspection and certification of processing facilities has become increasingly important.

A mere sampling of Codex standards includes:

Codex is currently circulating "Proposed Draft Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods" and for "Food Import and Export Inspection and Certification Systems." The labeling standards would:

The proposed guidelines for the inspection and certification of food imports and exports suggest that inspection systems:

Convention on International Trade in Endangered Species

of Wild Fauna and Flora (CITES)

Signed in 1973 by 80 nations of the world, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was at the time the most broadly accepted of international treaties. CITES regulates trade in wildlife by listing, in three Appendices, those species whose survival is most endangered, and threatened. Correspondingly, commercial products from these species may be prohibited, highly regulated, or less regulated. While only parties may vote, this Convention has been exceptionally open to the active participation of observers, including other intergovernmental agencies as well as non-governmental organizations. By the end of 1994, 128 nations had signed on as members.

Since 1989, CITES has required the ecolabelling of crocodile skins according to their production as artificially propagated, captive bred, or ranched to distinguish them from those that have been poached and smuggled. At the November Ninth Conference of the Parties (COP) to the CITES Convention, in November 1994, governments adopted resolutions strengthening the standards, procedures and requirements for labeling crocodile skins and initiated a voluntary program "to identify, mark, register, and secure" legally stockpiled rhinoceros horn. Although the sale, use and trade of rhinoceros horn is illegal, stockpiles are maintained legally in Taiwan, where the Constitution prohibits the seizure of private property. Recently, the Taiwanese government announced especially severe penalties for owners of rhino horn stock that is not labeled and registered, and that it would confiscate unlabeled stocks.

Also at COP 9, CITES began a Timber Species Working Group, which will include in its agenda the labeling of legally-tradable products of endangered or threatened species of trees. The Conference of the Parties has also initiated preliminary consideration of marking live animals with microchips imbedded under their skins to verify legitimately obtained animals while documenting illegal trade.

The European Union

The day after finalizing agreement on the Maastricht treaty creating the new European Union (EU), the European Commission agreed to create a Community-wide voluntary "Green" label. The logo, a flower with the characteristic "E" surrounded by 12 stars symbolizing the member states, was announced on December 12, 1991.

Europeans were already experiencing at that time the problems with a proliferation of labels -- in their case, national. In keeping with the treaty's principle of "subsidiary," in which political decisions are made at the national rather than EU levels when appropriate, the new labeling standards would be established by a committee made up of experts from member states after broad consultation with the public. National regulatory agencies would certify products for the label, with an appeals mechanism set up at the level of the EU. Existing national labels would continue; manufacturers could seek to display both the national and international labels. Food, pharmaceuticals and chemicals, already governed by separate legislation, were exempted. The measure was formally adopted on March 23, 1992.

The EU program requires member states to designate national bodies for proposing product categories to be prioritized in developing criteria for labeling, and to make the awards. The European Commission is responsible for adopting final criteria for each product group and coordinating relations amongst the national bodies. The regulation requires a "cradle to grave approach" based on a matrix setting out phases of the product life-cycle -- including pre-production, production, distribution including packaging, utilization, and disposal -- on one axis, and environmental fields -- waste impacts, soil pollution and degradation, water and air contamination, noise, energy and natural resource consumption, and ecosystem impacts -- on the other.

Each of six governments accepted lead responsibility for developing proposed criteria for a specific product group. As of July 1993, criteria for two product groups had been proposed by the lead countries, passed to a "Consultation Forum" of interested parties, forwarded to a Regulatory Committee of Member States, and finally approved by the Commission. To be eligible for the EU label for washing machines and dishwashers, manufacturers must pay a fee of about $US660 to the national body and demonstrate that their products have low environmental impacts during use; the criteria ignore other aspects of the appliances' life cycles, after finding that 95 percent of the total environmental impacts occurred during actual use. Once awarded a label, manufacturers must thereafter pay an annual fee of 0.15 percent of the annual volume of sales of the labeled products or a minimum of approximately $US660.

More specifically, eligible washing machines and dishwashers must have:

One year later, criteria were ready for three additional products: toilet paper, paper kitchen towels, and soil improvers. The approval was not unanimous among Commission members: France has voted against every set of criteria yet proposed; Portugal voted against the paper standards, presumably in defense of its former colony Brazil, a major paper exporter; the Netherlands simultaneously was developing national standards for paper that were far stricter; and Ireland objected to the ban on peat in soil improvers.

Nor were the new standards for paper products well-received by many foreign parties, who complained of probable trade barriers. While the criteria do not reference European legislation, they stipulate high waste content and low chlorinated organic emissions to water in the manufacture of certifiable paper goods -- standards likely to concern the pulp and paper industries not only in Brazil but in Canada and the U.S. as well. To win a label, a manufacturer's product must yield low scores, measured as "load points," for seven categories of environmental impact per ton of tissue produced:

In response to the publication of these criteria, the American Forest and Paper Association said it and the U.S. government objected on grounds that chemical oxygen demand is not measured in the U.S.; that the strict limits on sulfur dioxide favored Scandinavian producers; and that the limits on chlorinated organics emissions are so low as to be "virtually meaningless as a measure of environmental impact." Brazilian officials said their industry cannot meet these levels for chlorinated organics emissions and that, by excluding paper produced from their sustainably managed forest plantations, the standard demonstrates European bias. A representative of the Brazilian pulp industry said it constituted "[e]xtra-territorial application of EU laws and regulations on environment and health [that] goes against GATT principles." The Netherlands, meanwhile, persisted in issuing national labeling criteria for toilet paper that are far more stringent: 100 percent recycled fiber content, no chlorine bleaching, and lower limits for energy consumption and chemicals emissions.

By early 1995, the EU program had established criteria for 5 product categories and awarded labels in only 1 category for some 8 products to just 1 European manufacturer.

The International Standards Organization

The International Standards Organization (ISO) is certainly the largest standard-setting organization in the world. With more than 100 members, each representing the "national body most representative of standardization in its country," the ISO engages 30,000 experts in 2,754 technical bodies. The ISO was created in 1946 by the governments of 25 countries to "facilitate the international coordination and unification of industrial standards." Although acting as national representatives, 30 percent of the appointed members are private institutions.

Standards are voluntary, and directed at producers -- not governments. They are adopted after a complex process, passing through a Technical Committee as well as several subcommittees and working groups before a consensus proposal can be bought to the entire ISO membership where a 75 percent majority must approve it. By late 1994, the ISO had produced 2,649 International Standards, mostly in the fields of mechanical engineering, basic chemicals, non-metallic materials and information processing, graphics and photography. Many of these standards result in labelling schemes certified by the national standard-setting bodies, which are much relied upon by industry as guarantees that materials are of a dependable quality.

Until the 1980s, ISO standards merely touched upon environmental concerns such as designating criteria for equipment measuring toxicity or pollution. During that decade, however, converging global demand for environmental regulation compelled the ISO toward developing uniform standards that could avoid the competitive effects of differing regulations from jurisdiction to jurisdiction, including within the European Community. Simultaneously, negotiators at the Uruguay Round of the GATT introduced mandatory global harmonization and the business community began its preparations for the 1992 Earth Summit in Rio de Janeiro.

In 1987, the ISO published a body of standards for management and quality control known as the ISO 9000 series. This introduced a set of standards for environmental management mandating compliance with national requirements for "environmental considerations, health and safety factors, and conservation of energy and materials" as well as obligating analysis of "all phases in the life cycle of a product and processes..." The standards also require internal and external auditing as well as third party registration verifying compliance.

The 9000 series became influential; more than 45,000 certificates of conformity have been issued. In addition, EC directives reference them, U.S. agencies have begun harmonization procedures to meet them, and less developed countries have been selecting contractors able to demonstrate compliance. Indeed, companies based in countries where it was more difficult to comply -- including the U.S. where a third party registrar was lacking -- began complaining that use of the standards, especially in the EC, created non-tariff trade barriers.

In preparation for the Earth Summit, the ISO joined the International Electrotechnical Commission in creating an ad hoc Strategic Advisory Group on Environment (SAGE) to assess "the needs for future international standardization work ... including but not limited to consumer information and eco-labelling..." After the Earth Summit, SAGE recommended that a formal Technical Committee of the ISO be established to carry on this work. Named "TC 207," this committee has divided into six subcommittees -- for management, auditing and investigations, labeling, performance evaluation, life cycle assessment, and terms and definitions.

The labeling subcommittee of TC 207 has aimed at harmonizing methodologies, terms and principles for a range of ecolabelling programs. It has identified three types of labels: Type I labels evaluate a product's overall environmental impact and offer a seal indicating superiority on all counts. Type II labels are those offered by a manufacturer itself claiming qualities such as "biodegradable" or "recyclable." Type III labels are broadly informational and do not imply preferences, allowing consumers to judge for themselves.

Business representatives are well represented in the labeling subcommittee, outnumbering both governmental officials and representatives of the quasi-governmental national standards institutes. The business participants have shown a strong preference for Type III informational labels. Type I labels are problematic for the subcommittee, in that many ecolabelling schemes require a product's compliance with existing national standards, which creates a non-tariff trade barrier by definition. Type II labels open their companies to potential truth-in-advertising litigation. In the U.S., 28 such lawsuits have already been filed with the Federal Trade Commission over deceptive environmental claims.

Indeed, on these grounds, the U.S. delegation has proposed striking the goal of "environmental improvement" from the ISO standard-setting process. According to the Worldwide Fund for Nature (WWF), the U.S. position at a subcommittee meeting in March 1995 was that environmental labeling "should only be a marketing tool with the potential effect of environmental improvement." Supported by Japanese and European delegates, WWF argued to the contrary -- that "the environmental labelling purpose is to lessen the stress on the environment, using the marketing aspect as a tool to achieve that goal." By the June 1995 meeting of TC 207 in Oslo, the U.S. backed down; language making "environmental improvement" an objective in the draft standard on "Goal and Principles of all Environmental Labelling" was retained.

At the Oslo meeting, the subcommittee considered draft "Principles of All Environmental Labelling" stipulating that:

While noting the need to clarify the relationship between these principles and international environmental agreements and trade rules, TC 207 did list a number of ecolabelling procedures which it deemed potentially unfair trade barriers. These include:

These principles and related standards will eventually be issued, as revised, as the ISO 14020 series of Environmental Labelling Guidelines, part of the ISO's 14,000 series "that will enable organizations to implement a total environmental management system (EMS) that can be verified through an audit." While voluntary, the standards are likely to very significantly affect the environmental policies of all corporations engaging in international trade. For example, there is legislation in the European Union that would require all foods labeled "organic" to meet ISO standards by a certifying agency accredited by a relevant national standards body. Whether the ISO 14,000 Series of standards for eventually become the baseline for rules at the national level, as in the case of the TBT and SPS standards referenced in the Uruguay Round rules of the GATT, remains to be seen.

The concept of a universal set of standards is controversial enough; that the ISO should do so has generated considerable opposition. For example, the national standards bodies of Australia and Canada proposed in April 1995 that the ISO develop guidelines for the implementation of its 14,001 standard on Environmental Management Systems to establish "one internationally recognized and equivalent system" for the voluntary certification of sustainable forest management. The proposal was sharply criticized by environmental groups, indigenous peoples organizations, foresters, unions and others in Canada on grounds that the Canadian Standards Association is collaborating with the Canadian Pulp and Paper Association to enable the ecolabelling of present destructive practices such as clearcutting.

Opponents organized a public campaign against the proposal and sponsored a briefing for ISO delegates at the Oslo meeting in June 1995, after which Canada and Australia withdrew their proposal. The full TC 207 then passed two formal resolutions confirming its withdrawal and preventing, for the time being, any other sector-specific elaboration of the controversial draft standards for Environmental Management Systems.

The International Tropical Timber Organization

The International Tropical Timber Organization, set up in 1985, is composed of governmental representatives -- presently 25 from timber-producing countries and 26 from timber-consuming countries. Voting rights are distributed on the basis of financial payments to the organization: Japan has one-third of the consumers' voting rights; Indonesia, Brazil and Malaysia together share 45 percent of the producers' voting rights.

The ITTO is considering labeling wood from sustainably managed forests as a means of giving consumers information with which to promote conservation while enabling responsible governments to continue tropical timber exports. However, ITTO President Jerry Rawlings acknowledged during a May 1995 meeting of the ITTO Council, "It appears premature to determine what exactly is meant by verifiable sustainable management on which certification eventually will be based."

The Nordic Coordinating Body for Environmental Labeling

In November 1989, the Nordic Council of Ministers introduced a label common to Sweden, Norway, Finland and Iceland. The logo consists of a white swan in flight against a dark background, stylized with angular stripes.

Use of the label is licensed separately within each country by a national agency. These agencies collaborate as the Nordic Coordinating Body for Environmental Labeling: the Swedish Standards Institution, the Finnish Standards Institution, the Norwegian Foundation for Environmental Labelling, and Iceland's Ministry of Environment are joined by an observer from Denmark. All decisions must be unanimous. Together, they determine eligible product groups and criteria for each group. Draft criteria developed by Inter-Nordic groups of experts -- drawn from government, environmental organizations, trade ministries and industry -- are broadly circulated for comment.

Within each country, the national standards agency handles the licensing process, including documentation, testing, and inspections. A license awarded in one country is automatically recognized in the other Nordic countries. There is an initial application fee of about US$1,45O plus annual fees based upon product sales -- up to a maximum of about US$35,700 for the license -- which is only awarded for two to three years, enabling the program to "be tightened up in pace with new opportunities emerging."

The Nordic label sets standards for:

In 1994, the Nordics began offering a label for textiles. Criteria for finished products as well as yarn, fabric, and tricot require a minimum of 95 percent by weight -- not counting buttons, zippers and other fasteners -- of fibers that meet the standards for cotton, sheep wool, flax, regenerated cellulose fibers, and certain synthetics including polyester, polyamide, viscose, lyocell and acetate. Criteria for production, processing and finishing stipulate that:

By early 1995, the Nordics' program had established criteria for 31 product categories and awarded labels in 15 categories to 182 manufacturers, of which 19 were foreign.

World Health Organization (WHO)

Constituted as a United Nations agency in 1948, the World Health Organization (WHO) evolved from prior efforts dating back to 1851. It enjoys a broad mandate including the development of international standards for food, biological and pharmaceutical products, proposing new conventions, providing technical assistance, and conducting research. WHO is governed by a World Health Assembly with an Executive Board served by a Secretariat. The Assembly elects the 31-member Executive Board annually and appoints a Director-General from a slate of nominees of the Board. The work is conducted through six regional offices.

Among numerous other initiatives, WHO established standards in 1981 for the labeling of baby food products that may be used as a substitute for breastfeeding -- after research demonstrated that malnutrition, severe dehydration, and infant death can result from improper use of the substitutes, especially in countries where safe drinking water is not readily available and literacy rates are low. The standards are voluntary, subject to adoption by individual countries as a matter of national law. The International Code on Breastfeeding Substitutes stipulates that labels should:

Numerous countries have adopted this Code, including Guatemala, Brazil, the Philippines, India, Sri Lanka, Tunisia, and Colombia. The United States has never endorsed the Code.

World Trade Organization (WTO)

Committee on Trade and Environment (CTE)

The World Trade Organization (WTO) was born in April 1994, when more than 100 countries signed the Final Act of the Uruguay Round of negotiations of the General Agreement on Tariffs and Trade (GATT.) Scheduled for entry into force in January 1996, the World Trade Organization will become a permanent negotiating body for ongoing considerations regarding global trade, including implementation of the rules established during the Uruguay Round.

The WTO's mandate is considerably broader than that of the GATT: the Uruguay Round introduced a number of new subjects to its realm -- particularly services, investment measures, and intellectual property rights; obligates members to accept all of the 20 or so agreements as a package; and strengthens the WTO's powers of dispute resolution. Each member of the WTO must "ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided" with the new rules. Findings of its Dispute Settlement Body will be considered binding. And the WTO will become a permanent forum for ongoing negotiations.

In April, as government officials signed the Final Act, they created a Committee on Trade and Environment (CTE), which met for the first time on February 16, 1995. At this meeting, the WTO CTE outlined a program of work for the year. A discussion on "requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labelling and recycling" was scheduled for late October 1995.

C. MAJOR NON-GOVERNMENTAL ECOLABELS

While governmental ecolabelling schemes receive most attention in international policy debates regarding trade and environmental issues, a number of non-governmental schemes have achieved prominence. Particularly in the U.S., where the government has not moved toward any official ecolabelling mechanism, the non-governmental approach is important to consider. Here we will discuss the programs of ECO-O.K. based in the U.S. and Latin America, the broadly international Forestry Stewardship Council, and the U.S. nationwide programs Green Seal and Scientific Certification Systems (SCS.)

ECO-O.K.

ECO-O.K. offers a "Green Label" for certified environmentally-friendly tropical commodities including wood, bananas and coffee grown in the commercial agricultural sector, primarily on plantations. Sponsored by the Rainforest Alliance, it is presently considering offering the label for environmentally-friendly vanilla, plantains, cocoa and brazil nuts as well.

Companies seek certification from ECO-O.K., which sets up a committee "with no financial or personal connections to the applicant" to determine whether to award the label after a team of local and international scientists inspects the plantation or logging operation and recommends improvements to bring it up to the program's standards. According to ECO-O.K., these are "stringent enough to bring meaningful change but realistic and practical enough to allow implementation within existing technological, managerial and economic limits. The standards are modified to meet local conditions in each country or region. While there are certain nonnegotiable limits, the standards are flexible..." The majority of Eco-O.K.'s 150 guidelines regulate agrochemicals.

ECO-O.K. does not insist upon organic production methods; it will certify producers using any agrochemicals that are legal in the U.S. and Europe while encouraging their phase-out. The program does require "airtight controls" on the storage and use of chemicals, and education as well as protective gear for workers. The technical teams work on site with plantation managers for "as much time as necessary," encouraging technology transfer and offering seminars on topics such as the effects of pesticides on wildlife and the management of plastic wastes.

ECO-O.K. has a strong presence in Costa Rica where it collaborates with Clemson University's Wildlife and Toxicology Center, the National University of Costa Rica, and the Archbold Tropical Research Center. One study will compare wildlife population levels in banana plantations, in natural forests, and in ECO-O.K. certified banana farms.

The first banana farm to be certified ECO-O.K. sends 3,000 forty-pound boxes of bananas from Costa Rica to Europe each week. A second certified banana plantation operates in Hawaii. In December 1993, Costa Rica's Agricultural College of the Tropical Humid Region's 307-hectare banana plantation became the third ECO-O.K. certified banana producer in the world. At that time, however, the college's buyer, Del Monte Fresh Fruit International, did not want to use the Green Label. College officials speculated that Del Monte didn't want a second sticker on bananas carrying its brand-name label, especially if the second sticker might appear on competitors' products as well. The college planned to apply the Green Label to its 11,000 weekly boxes of bananas once the Del Monte contract expired in 1994.

After seven years of evaluation, ECO-O.K. is preparing to enter the labeled coffee market with its Guatemalan partners, the Fundación Interamericana de Investigación Tropical and the Central America Coffee Company. Unique among fair coffee traders, as it will market coffee grown on plantations rather than that produced by peasants, ECO-O.K.'s criteria will address land use, chemical use, water and waste treatment, and training for personnel and their families.

Forestry Stewardship Council

The Forestry Stewardship Council (FSC) offers a label certifying wood products that are produced according to the FSC Principles and Criteria. These apply to all forests: temperate and boreal as well as tropical. With headquarters in Mexico, the non-profit FSC conducts its business through two membership chambers: an economics chamber and a social and environmental chamber. Members include environmental, consumer, and industrial groups united behind the goals of stopping rainforest destruction in the tropics and biodiversity loss in temperate and boreal forests.

Site-specific forest management standards are developed through a multi-stakeholder consultative process in particular countries and regions. Certification entails compliance with a formal auditing system. Initial biodiversity criteria, drawn up in Scandinavia by scientists, representatives of industry, and non-governmental organizations, focus on:

The Swedish pulp and paper industry supports the organization. According to a Swedish forestry expert with the Worldwide Fund for Nature (WWF), who helped coordinate the biodiversity standards, the FSC eco-labeling program is unique. "This is the first resource-based system," he said. "Other eco-labeling schemes such as the one in the EU or the Nordic countries or Germany are schemes based on the product content... The FSC scheme looks at what is happening in the forest."

In July 1995, the FSC began considering the accreditation of independent certifiers of sustainably harvested wood, which are beginning to proliferate in response to consumer demand. About 25 timber operations in a dozen different countries have been certified so far. The FSC is likely to accredit four certifiers: two from the United Kingdom and two from the U.S. including Scientific Certification Systems (SCS) and the Rainforest Alliance, each of which uses a different logo on their respective ecolabels.

Green Seal

Green Seal is a national, independent, non-profit environmental labeling and consumer education organization based in the U.S. It receives no government sponsorship and is financed primarily by private foundations. Chaired by activist Denis Hayes, the Board of Directors includes representatives from business, government, national environmental, consumer and other public interest groups.

Green Seal collaborates with Underwriters Laboratories, Inc. -- also an independent non-profit organization which has conducted safety inspections and certification of commercial products in the U.S. since 1894 -- and is a member of the American National Standards Institute and the American Society for Testing and Materials (ASTM).

The Green Seal certification marks are awarded for product categories that may be nominated by a manufacturer or consumer or by Green Seal itself. The program's experts study the selected product category with input from manufacturers, trade associations, official regulatory agencies, and public interest groups to identify opportunities for reducing overall environmental impacts of the product. Their analysis considers the materials in the product itself, its components, the manufacturing process, the use and disposal of the product, and its packaging. Green Seal issues a draft standard for circulation and comment. Responses are studied in turn, before a final standard is issued. Each product category is reviewed at least every three years for revisions. Companies then apply to have their products evaluated for compliance with the standard, paying a fee to cover the costs. The product is then tested, usually by Underwriters Laboratory, and the main manufacturing facility is inspected. Successful manufacturers finally sign an agreement entitling them to use the Green Seal on the product and in their advertising. Even after the label is awarded, the manufacturer may be subject to unannounced factory inspections and product tests.

Green Seal standards for a small sample of its selected product categories include:

By 1994, Green Seal had spent four years developing standards for 45 product categories. Nine companies had received the seal; they used the occasion of Earth Day to announce about a dozen of their products bearing the label. The cost of certification to the company is about $3,000 for the first product and another $1,100 for each additional product. In late 1994, Green Seal began promoting its label through a series of public service advertisements in the print media and on television.

Green Seal promotes "green procurement" within large institutions through its Environmental Partners Program. Members sign a memorandum of understanding that commits them to procuring certified products and "other products that are less damaging to the environment" providing they are cost-competitive and meet quality and performance expectations; members also agree to complete an annual questionnaire, maintain an office recycling program, and designate "liaisons" to Green Seal for general oversight and media relations. Green Seal, for its part in the partnership, commits to providing advice and assistance, media and other publicity opportunities, and the broad use of its "Environmental Partners" logo. Membership costs $250 for most non-profit organizations, $350 for local businesses, government agencies and universities, and $450 for national companies. As of January 1995, there were 83 partners including Warner Brothers, Montgomery Ward, the City of Santa Monica, the National Wildlife Federation, Natural Resources Defense Council, the World Wildlife Fund, the Humane Society, Rainforest Action Network, and others.

Scientific Certification Systems (SCS)

Scientific Certification Systems (SCS) of Oakland, California was founded in 1990 as a for-profit company. Considered Green Seal's chief competitor, SCS verifies claims on the environmental impacts of individual products rather than rating products within product categories. The company's earnings derive from fees paid by manufacturers seeking to display its label.

SCS' initial criteria was narrowly focused on recycled materials content; by avoiding the effort of setting standards for whole categories, SCS was able to certify and mark more than 1,000 products by 1993. That year, it began issuing an "Environmental Report Card" that issues a bar graph indicating each product's generation of more than a dozen pollutants. A producer may pay up to $50,000 for an Environmental Report Card.

D. FAIR TRADE LABELING

The fair trade movement actually began shortly after World War II, as Oxfam and similar agencies sought more lasting strategies than aid to help relieve famine and otherwise contribute to Third World poverty. Known collectively as Alternative Trade Organizations or ATOs, their primary objective is to ensure a more direct relationship and a more equal basis of exchange between peasant producers in the Third World and consumers in the First World. In 1989, 40 of these groups formed the International Federation for Alternative Trade (IFAT) with headquarters in Amsterdam. Presently, they share in several hundred million dollars worth of trade annually.

Some may reject including fair trade marks in a discussion of ecolabelling. Today's ATOs, however, are developing environmental criteria to accompany the social criteria that has traditionally governed their marketing systems. They argue that "sustainable development and global stability depend largely upon the world's poor having a fairer share of the wealth they often help to create."

In the spirit of the 1992 Earth Summit of Rio de Janeiro, in which sustainable development earned recognition as a prerequisite to and a broader expression of environmental protection, we include these labeling schemes. Below we describe the Fair Trade Federation, the Max Havelaar program, the Sustainable Coffee Initiative, and TransFair International.

The Fair Trade Federation

An international group of alternative trade organizations calling itself the Fair Trade Federation (FTF) is seeking to promote fairly traded products with the U.S. market. Sales presently gross about $20-$25 million in the U.S., compared to some $225 million in Europe, Canada and Japan. Based in Washington DC, the FTF membership as of June 1995 included 18 producers, 46 retailers, 13 wholesalers, 16 wholesalers/retailers, and 25 non-profit marketing organizations as of June 1995.

Also in 1995, a federation of Guatemalan producers known as ENLACE Guatemala joined FTF and the Institute for Agriculture and Trade Policy, initiated an electronic sales and communications network called "The Fair Trade Mall of The Americas." The Mall will market products labeled by various fair trade marketing initiatives including TransFair International and Max Havelaar.

Max Havelaar

The Max Havelaar seal is named for a Dutchman living in Indonesia, then colonized as the Dutch East Indies, who, in an 1859 letter to the King of Holland, petitioned for more humane treatment of the indigenous people working on Dutch coffee plantations there. In 1988, fair trade groups joined religious organizations, consumer organizations, development organizations and others in introducing the "Max Havelaar" quality seal for coffee in the Dutch market. Nobel Prize winner of economics Professor Jan Tinbergen, who died in 1994, served as honorary Chair of the Max Havelaar Foundation.

Coffee roasters seeking the right to sell coffee under the Max Havelaar seal must comply with the following conditions:

By 1991, the Max Havelaar seal was available in 89 percent of all Dutch supermarkets and served more than 2 percent of the entire Dutch coffee market -- equivalent to 3000 tons of green coffee per year. Supplies were bought from more than 250,000 small producers, who earned an additional income of more than US$3,227,889 by serving this socially-conscious market. Members of the European Parliament supported a resolution that year to extend the Max Havelaar quality seal for coffee in all the member states of what was then the European Community while declaring a Max Havelaar-blend as the "official and only" coffee to be drunk in the Strasbourg and Brussels buildings of the European Parliament.

By 1994, Max Havelaar/Netherlands was joined by affiliates in Switzerland, Belgium, and Denmark which together sold about half the European share of the labeled coffee market. Cooperating agreements had been arranged between Max Havelaar and other ATOs including Oxfam, Christian Aid, Twin, Traidcraft and New Consumer sharing the much smaller "Fair Trade Mark" label in Belgium, France, the Netherlands, Switzerland, and the United Kingdom, and with yet a third major initiative called TransFair International.

Sustainable Coffee Initiative

Late in 1994, a wide range of non-governmental organizations began forming the Sustainable Coffee Initiative in the U.S. that would generate a new seal of approval combining environmental objectives with the traditional social concerns of ATOs. The Smithsonian Institute's Migratory Bird Center, Equal Exchange, Oxfam America West, Conservation International and others began meeting weekly by telephone to plan "bird-friendly / farmer fair" and organic (or reduced chemical inputs) certification for coffee, without excluding the potential for later certification of other products. Categories of criteria, still to be defined, for certification under this seal include:

Coffee is a natural for fair traders. It is produced primarily by small farmers, many indigenous to their land, who sell their product in the highly unstable commercial market at prices well below the cost of production. For example, in 1981, a pound of coffee averaged $1.15 on the New York Stock Exchange. The price rose through 1986 when it hit $1.70. The next year, though, it plunged to $1.07, and by mid-1989, it fell to just $0.70 as the International Coffee Agreement and its administering body, the International Coffee Organization (ICO), collapsed. The producers, meanwhile, earn only 1 to 2 percent of the value of coffee on the stock exchange: in 1989, indigenous producers in Chiapas, Mexico collected a mere $1.22 per 100 pounds of green beans; by 1994, their earnings fell to only 57 cents per 100 pounds.

On the other hand, consumers are increasingly willing to pay more for higher quality specialty coffees. This market niche in the U.S. has exploded to more than 15 percent of the total coffee market. There is a parallel explosion of specialty distributors claiming to be socially responsible; a short list would include Allegro, Aztec Harvest, Cafe Paz/SERV, Coffee Kids, Elan, Equal Exchange, Frontier, Green Mountain, and Thanksgiving. Likewise, there are several certifying organizations who monitor and validate fair terms for producers. By far, the two most important of these endeavors are Max Havelaar and TransFair International.

TransFair International

German fair traders established TransFair International (TFI) in 1992 as an umbrella organization open to all initiatives accepting the "TransFair-mark" as a suitable label. Its members presently include the European Fair Trade Association (a collaboration of 13 ATOs) and national groups identifying themselves as TransFair in Germany, Austria, Luxembourg, Japan, Canada, and Italy. Initiatives in Australia and the U.S. are considering joining this global umbrella.

A key criterion of TransFair International is that its members have a national base, defined as including in the members' coalition at least one "nationally respected NGO." It also entails the signing of a "Cooperation Contract" which stipulates, among other things, that national members pay TFI a negotiable fee of 33 percent of the income realized by the marketing of products licensed to use the TransFair-mark. Revenues are used to support monitoring, promotional expenses at the national and international levels, board meetings, and so on.

TFI has established minimum criteria for coffee, tea, honey, cocoa, and sugar and collaborates with Max Havelaar and Fair Trade Mark in maintaining joint producer registers for most of these products. Plans are underway for developing criteria for craft products as well. Generally, criteria include making sure that the products are marketed through cooperatives controlled by the producers themselves, and ensuring that the prices paid by buyers meet producers' expenses and other basic needs. There is also a stipulation that organically grown products must be bought at a premium price to provide incentives for chemical-free production. More specifically, the criteria:

For sugar, the minimum price varies for refined and non-refined, brown and white products, given that small producers must contract with outside refineries. For chocolate, which is made of multiple ingredients, the criteria have yet to be settled; proposals suggest a minimum of 51 percent "fair trade content" for each ingredient.

In addition, retailers must label packages destined for the final consumer as follows:

"This high quality coffee has been awarded with the Transfair-seal for 'fair trade' by TransFair e.V. Transfair e.V. is an association of organizations, which promote trading relationships with the so called 'Third World' on a basis of partnership.

'Fair Trade' supports and improves the conditions of livelihood for the small farmers overseas. It does not provide development aid, but rather supports self-reliance and equality for those producers, who are disadvantaged under present trading conditions.

The specific measures of 'Fair Trade' include: producer prices, which are significantly higher than the world market price; adequate prefinancing; and longer term supply contracts and purchasing contracts."

In 1993, its first year of operations, TransFair International successfully countered four legal challenges in Germany. Twice competitors tried to register its logo in their own name, and twice the organization went to court to refute charges it claimed were invalid. More than 20,000 German supermarkets offered TransFair coffee that year, and it was served in the canteens of the German parliament, a few Länder-parliaments, and a number of universities. In Austria, the TransFair-mark reached 20 percent of all retail grocers in the first year.

By 1994, TransFair International and its national affiliates had nearly matched Max Havelaar in sales volume, with more than 4,000 tons of labeled coffee sales each. TFI has postponed plans to label handicrafts, nuts, dried fruits, coconut products and spices but is considering expanding the label soon to include bananas and textiles.



E. OTHER HEALTH AND SAFETY LABELS

Just as discussions of ecolabelling frequently neglect fair trade labeling, so too do they tend to ignore the extensive history of labels developed to provide nutritional and other health and safety information to consumers. This neglect was noticed by non-governmental organizations at the 1995 meeting of the Commission on Sustainable Development, who expressed their strong preference for health-based labeling as a matter of priority. In a formal statement to the Commission, they wrote:

"Eco-labelling must begin with the mandatory labeling of pesticides, fertilizers and other chemicals; genetically-engineered organisms and their products; and irradiated foods and food additives."

In the following pages, we will describe the programs and labeling procedures for a few of these products addressing the Chemical Right-to-Know, the International Federation of Organic Agriculture Movements, rBGH-Free dairy products, and other genetically-engineered foods.

Chemical Right-to-Know

Trucking companies carrying hazardous materials in the U.S. must take responsibility by law to ensure the material is labeled properly. The warning labels range from the familiar skull-and-crossbones logo to designs of bursting flames, exploding particles, and a stalk of grain with an "X" through it over the words "HARMFUL Stow Away From Foodstuffs."

The "Right to Know" became federal law in the U.S. in 1983, after community organizations, labor unions and environmental groups spent a decade winning at the municipal and state levels the "right-to-know" what chemicals were being stored and used in their neighborhoods and workplaces. The law stipulates container labeling rules and a variety of other informational acts on the part of chemical distributors. By the late 1980s, these activists were demanding the "Right to Act" -- the right to learn about hazards, inspect workplaces, negotiate preventive measures, and otherwise act to ensure health, safety and protection of the environment.

Internationally, a community's right-to-know depends upon its government's participation in procedures for "prior informed consent" (PIC). While the PIC procedures are presently under consideration for development into a legally binding instrument facilitated by the United Nations Environment Programme (UNEP), several voluntary PIC agreements have been reached among large numbers of countries.

Foremost among PIC agreements, the London Guidelines for the Exchange of Information on Chemicals in International Trade were first formalized in 1987. These guidelines encourage an exchange of information among participating governments, including information about the classification, packaging, and labeling of pre-determined dangerous chemicals. The governments notify each other, either directly or through UNEP, of domestic restrictions and bans of chemicals and when these chemicals are to be exported. Under PIC, implemented jointly by UNEP and the Food and Agriculture Organization (FAO), UNEP ensures the exchange of information between the governments of exporting and importing countries, and provides health and safety data for the chemicals in question prior to their export. The importing countries then notify UNEP if they decide to restrict or prohibit the import, and UNEP ensures that the exporting governments take action to regulate those exports. The FAO cooperates with the management of data bases and technical assistance.

Since 1992, the European Community has regulated more than 100 dangerous chemicals at the point of export. Unlike the voluntary procedures of PIC, European exporters are obligated to provide information about impending shipments to the EC authorities, who in turn provide information to the governments of the countries of import. The regulations require labeling and packaging conditions identical to those applied to chemicals traded within the EC, unless contrary to the laws of the importing country.

The FAO's 1985 Code of Conduct on the Distribution and Use of Pesticides was amended in 1989 to incorporate the voluntary PIC procedure for banned and severely restricted pesticides. The Code recognizes the principle of "shared responsibility" between governments and other parties, and establishes voluntary standards of conduct for the pesticide industry, farmers and other users, non-governmental organizations as well as for governments. Among the standards in the code are provisions for packaging and labeling.

Chemical companies signing on to The Code of Ethics on International Trade In Chemicals commit themselves voluntarily to compliance with the London Guidelines. The Code also provides guidance for the environmentally sound management of chemicals. Among the self-regulatory measures is a standard for the classification, packaging and labeling of chemicals for both export and domestic use. Part I of the Code sets out principles for shared responsibility regarding the protection of human and environmental health. Part II enumerates measures for self-regulation of chemical management, from production to disposal, and addresses suppliers, contractors, transporters, traders and users. Part III establishes procedures for monitoring and compliance.

Associations of chemical companies from a number of industrialized countries have also promoted self-regulation under the logo "Responsible Care" since 1985. Companies displaying this label on their advertising materials and products claim allegiance to a set of principles and codes, evaluate their operations according to a set of environmental and safety performance indicators, and agree to communicate with others about their health, safety, and environmental practices.

International Federation of Organic Agriculture Movements (IFOAM)

Founded in 1972, IFOAM serves as an umbrella organization for 360 members from 70 countries. Governed by a biannual General Assembly and a World Board of Directors, IFOAM's purpose is to promote organic agriculture generally and "to provide worldwide for the production of high quality food sufficient to feed all the people, while protecting the soils and enhancing their fertility, as well as minimizing environmental pollution and the use of non-renewable natural resources." While not promoting a label of its own, IFOAM sets standards which national and regional bodies can reference in certifying and labeling organic produce.

IFOAM promotes a single set of standards, called the Basic Standards of Organic Agriculture and Food Processing, as a means of avoiding discrimination in a cost efficient manner while providing a "global guarantee" for consumers regarding the "equivalence of sound production methods."

In the U.S., for example, there are 34 distinct agencies for certification and labeling that verify whether producers comply with their respective state regulations for organic agriculture. Likewise, European nations have diverse standards for organic production. Producers seeking to sell their organic products overseas find it difficult to comply with the sheer paperwork of varying certification bodies. IFOAM has been broadly accepted as an arbiter.

IFOAM regularly revises the Basic Standards, while its Accreditation Programme determines equivalency amongst certification programs worldwide. Accreditation establishes that a national, regional, or private program meets both the criteria of the Basic Standards and IFOAM's Criteria for Certification Programs. Participating certification programs pay for the privilege of accreditation by IFOAM.

In 1992, the IFOAM General Assembly asked its Standards Committee to develop new guidelines, apart from the existing Basic Standards, to assist other standard-setting bodies in evaluating specific products or processing methods with regional variations taken into consideration. This process resulted in new guidelines for coffee, cocoa and tea; as well as guidelines on "Social Rights and Fair Trade" and on "Evaluation of Inputs to Organic Agriculture." All five guidelines were approved by the 1994 General Assembly.

The criteria for coffee, cocoa and tea address production as well as inspection and certification. The production guidelines require:

The new inspection and certification guidelines for Coffee, Cocoa and Tea require:

The Social Rights and Fair Trade criteria, considered minimalist, cite the United Nations human rights accords as a reference. The criteria require a conversion plan for achieving the following:

The new guidelines on Evaluation of Inputs to Organic Agriculture address fertilizers, crop-protecting agents, and veterinary medicine. Taking into consideration available alternatives, inputs must be:

rBGH-Free Dairy Products

Citizens throughout the U.S. have demanded labels on dairy products from cows injected with recombinant Bovine Growth Hormone (rBGH), a genetically engineered drug designed to accelerate the rate of milk production in dairy cows. In Europe, objections to this product, also known as recombinant Bovine Somatotropin (rBST), were so strong as to result in a ban by vote of Parliament.

Among the concerns are that no long-term studies have been done on the effects of rBGH or rBST on humans; that increased production leads to higher incidence of mastitis, or udder infections, thereby increasing the need for antibiotic treatments of the cows; and that farmers are already operating under depressed milk prices and a larger, rBGH-induced milk supply will only serve to put many more of them out of business.

Despite consumer demand in the U.S., the federal Food and Drug Agency (FDA) responsible for regulating genetically engineered foods decided not to require labeling for milk and dairy products derived from cows treated with the drug on grounds there was no significant difference between the bovine growth hormone which naturally occurs in cows and rBGH. Also, the FDA argued that, because no test is yet available to detect the presence of rBGH, labeling claims that a product was "rBGH-free" could be false and misleading.

Nonetheless, in February 1994, the FDA did release voluntary "interim guidance" for processors wishing to label their products as free of rBGH. In these guidelines, the FDA suggests that:

Monsanto, the only company to receive FDA approval to sell its rBGH product, Posilac, commercially, filed a lawsuit against two processors -- Swiss Valley in Iowa and Pure Milk & Ice Cream in Waco, Texas -- which had chosen to label their dairy products. Both cases were settled out of court; the terms of the Iowa settlement are sealed. Both Swiss Valley and the Pure Milk and Ice Cream Company continue to label as before.

In the spring of 1994, Vermont became the first and only state in the U.S. to pass a mandatory labeling law for rBGH. Vermont's law calls for all milk and dairy products to be labeled: those derived from cows treated with rBGH must say so, and those derived from cows not treated with the drug must say they are not. To this day, the law has yet to be implemented as members of the dairy industry litigate.

In the spring of 1994, citizens and public interest groups in Minnesota were able to pass a voluntary labeling law regarding rBGH. Under the law, processors can say "farmer-certified rBGH-free" on their label. They are not required to include the rest of the qualifying statement recommended by the FDA although they have the option to include the qualifying statement for the purpose of conducting interstate commerce. The Minnesota Department of Agriculture has oversight authority and can inspect processors' records or affidavits upon request. According to Minnesota advocates, approximately eight processors are utilizing the voluntary system.

Wisconsin and Maine have systems similar to Minnesota. In New York, rules of the Department of Agriculture also allow voluntary labeling of products made with milk from cows that have been injected with rBGH. During 1994 and 1995, legislation for the labeling of these products has been proposed in numerous other states. Such proposals were defeated in Connecticut, California, Michigan, Missouri, New Hampshire, and New Mexico. Initiatives in Massachusetts and Rhode Island are pending legislative action.

In December 1994, European agricultural ministers extended the European Union's ban on the large-scale commercial use of rBGH until the end of 1999; some farmers will be able to use the drug for testing purposes. Meanwhile, activists consider building a major campaign against the import of U.S. dairy products. In a recent letter to the Commissioner of the U.S. Food and Drug Administration, the vice president of the agriculture committee of the European Parliament suggested "a less contentious approach would simply be to label meat and dairy products which are exported to the EU."

Other Genetically-Engineered Foods

The European Union has already banned imports of beef produced with the genetically engineered hormone recombinant Bovine Somatotropin (rBST) based on its domestic ban on rBST use. The U.S., however, has made it clear to the Europeans that it will use the GATT rules on Sanitary and Phytosanitary Standards (SPS) to challenge the EU import ban.

In May 1992, the U.S. Food and Drug Administration announced that it would not require genetically engineered fruits and vegetables to undergo testing before going to market, nor would it require any formal notification when a genetically engineered product is brought to market, nor would it require labeling of such products. Only where "sufficient safety questions exist" -- an evaluation to be made by those same companies introducing the food -- must pre-market testing occur. The FDA decision was based on the assertion that genetic engineering does not differ from more familiar breeding techniques, and reverses the burden of proof of safety established earlier for chemical food additives.

In response to the FDA's action, consumer groups in both the cities of New York and Chicago sought municipal laws requiring the labeling of genetically engineered foods. Both failed.

The New York proposal was introduced in March 1993. It would have required manufacturers to label delivery tickets and invoices with the words "genetically engineered," with the name of the source material or the term "synthetic genetic material," and with a statement of the purpose of the genetic engineering technique. Retailers would have been required to display these foods or food organisms separately from other foods, with a "plain, clear and conspicuous sign" providing that same information. Failure to do so would be deemed a deceptive trade practice, subject to a $500 fine in addition to the normal penalties thereof.

The Chicago legislation, introduced in August 1993, would have required food purveyor establishments to post a prominent sign near the display of such foods stating "This food has been genetically engineered." Each day of violation would have constituted a separate offense. A first offense would be fined from $25-$100, up to $500 for a third offense. No provision was made for more than three offenses.

Manufacturers and the U.S. government have persisted in maintaining that genetically engineered foods do not require labels or any other special consideration. A representative of the National Food Processors Association objected to the Chicago ordinance, stating that the "true purpose of such signs is not to inform consumers, but to scare them." In a 1994 document carried by the U.S. government to a Codex Alimentarious meeting on food labeling and biotechnology, narrowly argued that genetic engineering is essentially like traditional breeding techniques. In written comments responding to this document, the Union of Concerned Scientists (UCS) pointed out that "because of its unique power to manipulate isolated components from food and non-food sources, genetic engineering shares traits with conventional food additive technologies as well as traditional breeding." Food additives are highly regulated in the U.S., precisely because manufacturers can choose from both food and non-food ingredients that may be undetectable to the consumer.

Noting that only a few of the source genes for genetically engineered foods come from actual foods, the UCS said policymakers "should consider labelling all food containing new proteins from non-food sources." Even when the transferred genes do come from food sources, consumers may need to know the ingredients. Consumers allergic to shellfish, for example, could become ill from eggplant if the shellfish gene were introduced across the eggplant's normal biological boundary. In addition to allergenicity, the UCS suggested that nutritional quality, and ethical and religious concerns are also valid reasons for consumers to desire the labeling of genetically engineered foods.

Non-governmental organizations attending the 1995 session of the Commission on Sustainable Development, the United Nations body established to monitor progress towards implementation of the agreements reached in Rio de Janeiro at the Earth Summit of 1992, called for the "mandatory labelling of genetically-engineered organisms and/or their products, and irradiated foods and food additives."