Nordic success pleases ‘green’ groups

Date: 26/06/1997

By Michael Mann

EU GOVERNMENTS will, in theory, be able to introduce stricter environmental legislation than the Union norm under treaty changes agreed in the closing stages of the Amsterdam summit.

Following pressure from the Nordic countries, led by Denmark, the wording of the new treaty was changed late in the day to strengthen the right of member states to take additional environmental protection measures “on grounds of a problem specific to that member state”.

As the dust began to settle on the deal, some 'green' groups were cautiously optimistic that this so-called 'environmental guarantee' could, if applied properly, mark a genuine step forward in environmental protection.

The reaction from business was mixed. While some felt there were sufficient safeguards to ensure the single market would be unaffected, others suggested member states would inevitably use

the new arrangements to discriminate against products from neighbouring countries.

Under the new rules, the European Commission will have six months to judge whether any national measures introduced are justifiable on environmental grounds and “do not constitute an obstacle to the functioning of the internal market”. At the Nordics' insistence, however, those measures may remain in place if no decision has been made after six months.

Interestingly, the Commission has also committed itself to examining in each case whether EU-wide rules should be brought into line with the new higher standards.

The firmer commitment to the environmental guarantee is already being seen as potentially crucial in the approaching public relations battle to persuade sceptical voters to support the new treaty in countries like Denmark where referenda will be held on the outcome.

But industrial representatives have expressed concern at the possible effects of the EU's new approach. One expert from a leading multinational suggested the change could result in “Danish can-bans all over Europe overnight”.

Denmark has run into trouble with the Commission over its ban on the sale of drinks in cans, regarded as a major barrier to exporters from other countries. “While we completely support the goal of environmental protection, the new provision does seem to run counter to the logic of the single market and could damage European competitiveness,” said one industry source.

Marcel Vogt, senior director for technical affairs at chemical industry lobby CEFIC, takes a more sanguine view. “It is very clearly indicated that such measures must be based on scientific fact. If they can be justified by science, we should accept that,” he said.

Ralph Hallo, of Dutch environmentalists Stichting Natuur en Milieu, welcomed what he called “very important political signals and changes in principle” in the new treaty. But he warned that the new environmental guarantee could prove much more limited than the Nordic governments believe.

“Our fear is that the Commission could choose to interpret the new provision very tightly. If it did, it could reject any measure, even if the obstacle it presented to the internal market was just one millimetre high,” he said.

Such scepticism comes despite clear steps in the new treaty to entrench 'sustainable development' as one of the Union's basic objectives. EU policies will, in future - at least on paper - aim to achieve “a high level of protection and improvement of the quality of the environment”.

Policy-makers in other areas will, as never before, be expected to integrate environmental protection requirements into any new legislation adopted. The Commission will carry out environmental impact assessments for all proposals which may have a significant ecological impact.

Campaigners for a 'greener' Europe have also expressed satisfaction at the wide extension of shared decision-making powers with the European Parliament in the environmental area, but disappointment at the summit's failure to extend qualified majority voting to new areas of environmental policy.