069-080
069-080
069-080
Green barriers can produce both positive and negative impact on interna-
tional trade. However, the number of these barriers keeps growing without
any monitoring system. This research will analyse the impacts of green trade
barriers on Vietnam and European Union trade relationship. The study pre-
sents an important observation: the requirements to upgrade technology to
meet exactly the technical regulations and expenditure for conformity assess-
ment actually increase the production costs for small and medium companies
in the short-term. However, the proper adjustments to these requirements will
bring about some long-term benefits. Understanding the Good Agriculture
Practice will help to improve the quality of products as well as the productiv-
ity, and this will open an access to developed markets to gain higher profits.
Keywords: green trade barrier, trade protectionism, environment protection,
Good Agricultural Practices (GAP), Vietnam exports to European Union,
value chain in Vietnam, Vietnam agricultural and fishery products.
Overview of Green Trade Barriers
Green trade barriers are introduced in order to attract public and corporate awareness as
well as to reduce environmental pollution. However, some developed countries and
other actors have applied these regulations to control import from the developing coun-
tries, where environmental standards are lower. These barriers are also considered as
non-tariff ones and there is no international organization or a common policy frame-
work, which is powerful enough to enforce these barriers. Although the 1992 Earth
Summit, the 1994 WTO Agreements, the 1996 World Food Summit and numerous mul-
tilateral environmental agreements have comprised major international frameworks,
they have not reached consistency or coherence in balancing the objectives – environ-
mental, economic, and social – of the world's diverse nations. Moreover, the difficulty
in monitoring environmental problems also creates many challenges in applying green
trade barriers. Despite the growing debates and controversies, the trend for imposing
green regulations as a non-tariff barrier is upward.
The most advanced formation in terms of strict green barriers is the European Un-
ion (EU). This green rampart has exerted a tremendous impact upon imports from many
countries all over the world including Vietnam. For example, only in 2002–2003, the EU
rejected as many as 72 vessels of aquarium products from Vietnam on account of incom-
patibility with the EU green regulations on imported fish products. In spite of the public
concern about these green barriers, there are quite a few researches in this subject, espe-
cially on the impact of green barriers on Vietnam agricultural and fishery trading
with EU. This study is therefore an attempt to fill this gap in research.
There is no clear and widely accepted definition of a green trade barrier. In some
contexts, the terms Trade-Related Environment Measures (TREMs) or Environment-
Journal of Globalization Studies, Vol. 5 No. 2, November 2014 69–80
69
70 Journal of Globalization Studies 2014 • November
Related Trade Measures (ERTMs) are preferred. For example, in a survey on the ex-
perience of TREMs and ERTMs in APEC, the Economic Committee of APEC (1998)
defines these two measures in the following way:
Trade-related environment measures have a relatively wide coverage. They
refer to environmental measures with significant trade effects, including laws,
regulations, and administrative measures as well as regional and multilateral
agreements that are formulated and implemented or signed by APEC member
economies. Environment-related trade measures refer to national trade laws,
regulations as well as administrative measures enacted to achieve a specific
environmental goal or for environmental purposes, including trade-related
measures adopted by individual economies pursuant to the multilateral envi-
ronmental agreements. Examples of ERTMs include bans, restrictions, or
permit requirements in respect of imports or exports.
Thus, while trade-related environment measures are multilateral and commonly
agreed by the concerned parties, the environment-related trade measures are national.
Both types can be materialized in policies either at internal or at bilateral level, and those
policies are enforced through multilateral Free Trade Agreements (FTAs), and/or through
Multilateral Environmental Agreements (MEAs) and controlled by the WTO. However, it
is difficult to distinguish between these two types of measures. As explained in another
study performed by APEC, ‘The Impact of Environmental Regulation on Trade’ (2009) is
aimed at protecting the environment, but the lack of recognized definitions makes it diffi-
cult to differentiate them since some countries may have different interpretations of these
measures.
WTO and its precedence – GATT – although having no official definition of TREMs,
have often used this term in the documents and agreements. Because of this popularity
and in order to stand at a neutral and objective point, in this study we regard green trade
barriers as trade-related measures including all restrictions imposed by a country or a
group of countries on imported goods from other countries based on environmental
concern. This concern involves the threat to the environment of both implementing
country and of the world as a whole. For example, the EU required exporters to mini-
mize the amount of packaging waste and use recyclable materials in their products so
that the consumption of these products does not create more burdens of solving trash
and land degradation on EU, which affects their own environment. Besides, the EU also
issues the directives preventing illegal, unreported and unregulated (IUU) fishing to
deal with its threat to the survival of coastal communities all over the world.
Environment Protection or Trade Protectionism
While consensus on the necessity of environmental protection through the enforcement
of green barriers has been reached, the protection and protectionism, in practice, are
likely to be confused. Green rules can be abused and environmental issues are used as
an excuse for trade protectionism. There have been many disputes on this issue in re-
cent years. In such cases, some countries wanted to ban the import on environmental
grounds, while exporting countries invoked their rights of non-discrimination in trade
granted under the General Agreement on Tariffs and Trade (GATT) and other agree-
ments under the World Trade Organization (WTO). A central issue in this conflict is
the legitimacy of unilateral action and national decision-making under WTO law, as
opposed to multilateral decision-making. Another line of conflict (often indistinguish-
able from the first) runs between the governments of the large developed markets in the
Khoi and Thuy • Green Trade Barriers and Vietnam's Export 71
North, with their strong environmentalist movements, and the smaller trading nations,
in particular in the developing world (Biermann 2001).
Regarding the former, one should remember that WTO is not an environment agency
and WTO jurisprudence has affirmed that WTO rules do not take precedence over envi-
ronmental concerns. Its main objective is to foster international trade and open markets.
However, WTO rules permit members to take trade-restricting measures to protect their
environment under specific conditions as mentioned in Article XX of GATT:
Subject to the requirement that such measures are not applied in a manner which
would constitute a means of arbitrary or unjustifiable discrimination between
countries where the same conditions prevail, or a disguised restriction on inter-
national trade, nothing in this Agreement shall be construed to prevent the adop-
tion or enforcement by any contracting party of measures: … (b) necessary to
protect human, animal or plant life or health; … (g) relating to the conservation
of exhaustible natural resources if such measures are made effective in conjunc-
tion with restrictions on domestic production of consumption ...
This exception can be ambiguous in some cases. According to Fiona Macmillan
(2001), a measure will be ‘necessary’ to protect human, animal or plant life or health
under the Article XX (b) if there are no alternative measures that are more consistent
with GATT but WTO panel would be not suitably qualified to assess those alternative
measures and, then, how to evaluate which measure is the least trade restrictive?
Besides, it is very difficult to interpret the expressions ‘arbitrary discrimination’,
‘unjustifiable discrimination’ and ‘disguised restriction on international trade’ due to
the absence of any criteria for assessing arbitrariness, unjustifiability and disguise.
Many people also have been confused by the phrase ‘relating to’ in the Article XX (g).
‘Relating to’ means ‘primarily aimed at’ but how about measures that have more than
one significant aim, although one of which is conservation, if the non-conservation aim
was regarded as being of more significance than the conservation aim?
Besides WTO Agreement, there are also two non-binding instruments, Agenda 21
and the Rio Declaration adopted at the 1992 United Nations Conference on Envi-
ronmental and Development (UNCED), which stand at the intersection of trade, de-
velopmental and environmental issues. However, they face the same problems of
ambiguous information as Article XX. For example, Rio Principle 12, the heart of the
Rio Declaration provides:
States should cooperate to promote a supportive and open international eco-
nomic system that would lead to economic growth and sustainable develop-
ment in all countries, to better address the problems of environmental degra-
dation. Trade policy measures for environmental purposes should not consti-
tute a means of arbitrary or unjustifiable discrimination or disguised restric-
tion on international trade. Unilateral actions to deal with the environmental
challenges outside the jurisdiction of the importing country should be
avoided.
What amounts to arbitrary or unjustifiable discrimination, disguised restriction is
still open to question. Moreover, the language of Principle 2 with the use of ‘should’,
not ‘shall’ is quite discretionary. Despite this ambiguity, these words in GATT Arti-
cle XX preamble were still used by other agreements such as Article 36 of the Treaty
Establishing the European Economic Community. One conclusion may be drawn here
is that the border line between protection and protectionism is quite vague, which leads
72 Journal of Globalization Studies 2014 • November
ment to meet the EU green requirements. According to a report made by Tan Duc Thao
Company in Vietnam Trade and Investment Forum (January, 2008), among all factories in
Vietnam, there are only ten per cent having environmental friendly technology but 76 per
cent still utilizing old technology of 1960s, 75 per cent of this technology has run out of
depreciation. During the period 2003–2005, the Department of Science Technology and
Environment inspected 2,893 factories but 1,129 of which violated Environmental Pro-
tection Law.
Agriculture products fail seriously to meet maximum pesticide level of the EU.
The inspection of Plant Protection, Ministry of Agriculture and Rural Development in
2006 showed that among 4,600 inspected farms, 59.8 per cent did not follow chemicals
using process, 20.7 per cent did not meet the required time isolating, 10.31 per cent
used substances not listed in permitted chemicals, 0.18 per cent used restraint drugs,
0.73 per cent used unknown origin drug. Of 373 tested vegetable samples, there were
33 samples (13.46 per cent) having amount of chemicals exceeding the permitted level.
In 2008, 20 per cent of farms abused pesticide; nearly 60 per cent did not follow the pre-
scribed technique.
With respect to products-relating live animals, according to the Department of Live-
stock Production (MARD), at present, there is only 45 per cent of slaughter cattle and
poultry houses that have permission but 65 per cent have no sanitation facilities after
slaughtering. The number of houses that use tap water accounts for 25 per cent. Mean-
while, under the supervision of the National Assembly Standing Committee, up to
16,512 small slaughters do not comply with the requirements of food hygiene. The Man-
agement Department of Agriculture, forestry and fishery (NAFIQAD) performed tests of
antibiotic residues in meat which revealed that during first six months of the year, there
was still nearly 4.9 per cent pork and 3.6 per cent chicken and ducks having antibiotic
residues exceeding permitted level. In 2008, there were only 49 ISO 22000:2005 certifi-
cates on food safety management issued to Vietnamese firms.
Because of such poor technology and awareness, many of our export products have
been inspected or even rejected by importing markets. In July 2002, the EU found im-
ported fishery goods from Vietnam having the sign of violating veterinary checks re-
quirement and having the amount of antibiotics over the permitted level. Thus, the EU
inspected 100 per cent of our exporting products since September 2001. From Septem-
ber 2001 to February 2003, the EU destroyed and returned 76 fish vessels, which did
not meet maximum antibiotics level. They also warned that if this situation happened
again, the imported products from Vietnam would be put in the third group, which
needs 100 per cent inspection. To cope with this situation, the Vietnamese authority
temporarily banned six fishery suppliers who did not comply with the EU rules and
warned that any firm having even a single vessel violating the EU rules will be re-
moved from the list of permitted exporting fishery products companies to the EU.
In 2008, Vietnam food was notified 51 times by Rapid Alert System for Food and
Feed in the threat of violating food hygiene regulations. In 2007, this number was only 42,
including 31 cases of fishery products and 20 of agricultural products. The RASFF does
not always make the right decision based on scientific evidence. In case of wrong con-
clusion, the cost will be great, especially for fishery products, which are easily to be de-
stroyed and have high cost of preservation. Moreover, if information about the name of
company is revealed, it will have serious impact on firms' profit. In ‘Clean Production for
better products’ (CP4BP) project report (2008), at present the seafood companies have to
pay USD 1,000 to get each consignment examined before export, which is costly given
the financial capacity of most seafood companies. Moreover, the seafood exporters have
Khoi and Thuy • Green Trade Barriers and Vietnam's Export 77
suffered large financial losses and have suffered reputation damage due to chemical and
antibiotic residue that was found in Vietnamese seafood by foreign importers.
Many criteria tests are also very expensive and, therefore, make a significant in-
crease in the product cost. Take, for example, ISO 14001. It gets much time and money
to get this certificate. It takes at least eight months to meet compulsory requirements.
And the cost to implement it can reach hundreds of millions dong, depending on pro-
duction scale, method and labour costs. Given that almost all Vietnamese firms are
small and medium size, the cost can become a great burden for them.
Likewise, it is very costly to get EUREP GAP or Global GAP: approximately
5000–7000 USD/per certificate. With this cost, the price will rise notably, which makes
export products unaffordable to domestic and ordinary importing markets.
Suppose that a farmer has a pond with its own water supply and drainage channel.
In order to meet the requirements of GAP, this farmer has to invest money to renovate
the pond to kill germs, remove the transmission medium, such as crabs, water filtration
and water treatment pond to ensure no pathogens. At the same time, he also has to
spend more money to buy a certified clean shrimp. Hence, there is a significant growth
in his expenses. According to NAFFIQAVED (2006), applying GAP increases the cost
by 2.352 dong/kg in Ben Tre. This cost is mainly for analyzing chemicals residues and
antibiotics level in and on shrimp products. To farms having no separate water supply
and drainage channels, the expense is even higher, about 13.700 dong/kg as shown in
the research made by NAFIQAVED (2006) in Khanh Hoa. This rise in cost will simul-
taneously raise the price by 20 per cent.
Many farmers, therefore, are afraid that the revenue may not cover the expenses
and they are under the threat of great lost. It also explains why among 7,000 farmers
registering to apply GAP there is operating large business, the small and medium enter-
prises just account for a very small rate. Although there are 1,198 farms having certifi-
cates of ecological shrimp growing with the total area of 4,000 ha, this number just ac-
counts for 1.1 per cent of 369,094 shrimp growers in 2008. The same refers to agricul-
tural products. In Binh Thuan, the first province applying EUREPGAP in growing
dragon fruit, there is only 1.2 per cent of land certified with EUREPGAP. This number
is too small to guarantee for high valued contracts. In Vietnam, there are only 3000
companies that have been issued international certificates like ISO, HACCP, SA 8000.
These companies accounted for only 1.5 per cent of all operating businesses. Even in
Ho Chi Minh City, the biggest city in Vietnam, this number was just three per cent. Al-
though these certificates are not mandatory requirements to enter the EU markets, with-
out them, firms will face many difficulties, especially in verifying their products qual-
ity. In this case, green barriers are really a burden for small and medium enterprises,
which have low technology, lack of capital to apply international qualified management
system.
Positive impacts
High cost, however, does not always have negative impact on enterprises. On the other
hand, if high cost adds more value to products, the producers can increase the price.
And in this case, their profit will rise dramatically.
The case of Good Agricultural Practices (GAP)
To enter the EU markets, it is necessary to produce agricultural and fishery products
following the GAP. This certificate is somehow a green ticket to enter the developed
markets where there are strict requirements of products quality and its impact on envi-
ronment. Realizing this trend, in December 2005, the Vietnamese government, in an as-
78 Journal of Globalization Studies 2014 • November
sociation with USAID and AUSAID signed a contract with Southern Fruits Research
Institute (SOFRI) to implement a project, which helps to introduce European GAP
(EUREPGAP) to dragon fruit growers in Binh Thuan and Tien Giang. The aim of this
project is to improve the quality of Vietnam dragon fruits complying with EUREPGAP
so that our fruits can be exported to European and Southern American markets. Since
these markets have very strict requirements of environment protection, safe for produc-
ers as well as consumers. Despite many challenges and difficulties, the initial results
show potential success. The price of dragon fruit exporting to the EU and USA has in-
creased to 4–5 $/kg, while the ordinary fruit is just sold at 2 $/kg, that is two-three
times less. As Mr. Tran Ngoc Hiep, the chairman of Binh Thuan Dragon Fruit Associa-
tion as well as the Director of Hoang Hau Company – the biggest dragon fruit exporting
company in Vietnam said, during seven months after receiving EUREP GAP, the num-
ber of his company's consumers rocketed, especially in the European market. In the first
six months of 2008, the volume of export to the EU was 500 tons, equivalent to total
export in 2007. The price is obviously higher than uncertified dragon fruit.
Another case of the benefit of organic farming is about vegetables growers in Soc
Son. They made a comparison between the cost and revenue of the normal farming and
organic farming.
Table 1
Cost, revenue and profit from growing organic tomatoes and cabbages
Type Tomatoes Cabbages
Content Organic Ordinary Organic Ordinary
Revenue 40 million dong/sao 20 million dong /sao* 4,000,000đ 3,500,000đ
Cost 922,000đ/field 945,000đ/field
đ
Profit 38,780,000 19,055,000đ
Quantity 400 kg 1.4 tons
2
* 1 sao = 360 m
Source: http://www.kinhtenongthon.com.vn/printContent.aspx?ID=17204.
It is clear that organic farming creates higher profit but smaller quantity for farmers.
Because of terrible flood in November 2011, the yield of organic vegetable was just
400 kg cabbage/field but the selling price was 10,000 dong/kg. Meanwhile, farmers
harvested 1.4 tons of inorganic cabbage but just sold at 2.500 dong/kg. For tea and
other agricultural products, we also see the same pattern. As Ms. Nguyen Thi Huong,
the director of Van Tai Co, Ltd, which produces ‘clean’ exporting tea following GAP
said about her company products of O Long and Hong Tra Tea, although they are very
expensive (from 400,000 dong to 1 million dong) there is still an excess in demand
while the conventional tea is just sold at 80,000–200,000 dong. Organic farming just
utilizes natural resources such as using remnants of plants, animal waste to make fertil-
izer, making pesticide from herbs (wood vinegar, crushed leaves of Melia azedarach) so
it lowers the cost. To some products, the input cost of organic farming is even 30 per
cent lower than normal method. Ms. Nguyen Thi Thinh, a farmer in Vinh Phuc calcu-
lated that the cost of organic fertilizer for her vegetable crop is 70,000 dong/sao (1 sao =
360 m2), equivalent to half of chemical fertilizers. Organic farming also helps to im-
prove the productivity. According to Mr. Nguyen Moi, a grape grower in Ninh Thuan
who has used organic farming for three seasons, thanks to this new kind method, his
crop productivity has gone up gradually from 5 tons/ha, 9.5 tons/ha to 18 tons/ha and
Khoi and Thuy • Green Trade Barriers and Vietnam's Export 79
the quality of the fruit is also better. In Binh Phuoc, it is also verified that the productiv-
ity of organic vegetables is two times higher than ordinary products.
In 2006, with the help of NORAD and Fishery Law Project, NAFIQAVED intro-
duced GAP to aquaculture industry, starting with shrimp farmers in Tra Vinh and Binh
Thuan. The initial result showed that the yield of households using GAP is 20–30 per cent
higher than the conventional farming. Nha Be agricultural extension station, belonging to
Ho Chi Minh extension center also applied GAP into shrimp farming with semi-intensive
model at four households during four months from February 2009 to June 2009 within the
area of three ha. The density in pond was 15 units/m2, size 12 post, feeding with Tomboy
industrial food. And the result was that each household yields two tons/ha/crop, the sur-
vival rate was 60–70 per cent. Fishes, whose weight is 70–60 kg, were sold at 60,000–
80,000 dong/kg and the average profit was about 50–60 million dong/ha/crop.
In addition to increase in profit, good agriculture practice also helps enterprises ex-
pand their domestic as well as exporting markets. The food scares in developed countries,
combined with the increasing awareness of health, diet and nutrition, has increased inter-
est in organic food products. Sales of organic products are increasing in almost all
countries of the EU. Organic and other certified products, as well as high quality spe-
cialties, are an especially good opportunity because conventional products are mass
commodities where traded quantities are large and it is more difficult to compete. Take
coffee as an example. Coffee is mainly consumed in the developed countries of the north-
ern hemisphere and much less in the producing countries in the South. It is estimated
that consumers in 11 major EU member states together used approximately 27.4 mil-
lion kilograms of certified organic coffee every year and this number has risen con-
stantly.
All examples above are good illustrations for the profitability of GAP to farmers and
exporting companies. However, the benefit of GAP is more than that. Organic farming
helps not only to protect their industry from the unscrupulous producers but also helps to
strengthen vital skills among producers for whom organics offer a chance to participate in
competitive higher-value trade. Traceability and production management are part of rig-
orous organic standards that can help smaller producers to compete in agricultural trade.
Moreover, if domestic companies are compelled to apply green regulations like GAP, it
will be fair to make foreign producers follow these rules. In Vietnam, there is still lack of
environmental regulations imposed on import goods, leading to the import of unsafe prod-
ucts for consumers and environment by many foreign companies. Thus, it is necessary to
have green regulations, which play the role of technical barriers to protect our own be-
nefit.
In addition, GAP and green regulations also help us reach the goals of sustainable
development. According to agriculture specialists, organic farming will keep the soil
fertile for crop rotation, make the water source less pollutant, protect wild animals and
biodiversity, save energy and scarce natural resources. Limited using chemicals also
make the products safer for consumers.
In general, GAP helps to enhance the competitiveness of company's products, make
the products reliable, create good image of a brand in customers' mind, expand domes-
tic and exporting markets, increase revenue, decrease cost to raise profit and meet the
goal of sustainable development.
From the case of GAP, we may draw a conclusion that if complying environment
regulations, our export products are not only eligible for entering developed markets
like the EU but also able to take the advantage of modern production methods to increase
80 Journal of Globalization Studies 2014 • November
profit and develop sustainably. Moreover, in the age of globalization, there is a tough
competition between companies of different countries and the awareness of environment
protection of people have improved significantly, enterprises should advance their tech-
nology to comply new rules of modern time instead of resisting them. If this situation
happens, green regulation will be no more barriers but a tool for companies to increase
their profit.
Conclusion
Green trade barriers can induce higher costs for enterprises, including the costs of com-
plying the precise obligations and the conformity assessment. However, if high cost
adds more value to products, applying modern technology helps improve quality of the
products, obtaining ISO 14000 and other green certificate can attract more consumers
of high environment consciousness, the producers will have power to increase the price
and get more benefits. Thus, companies should be proactive in applying advanced tech-
nology so as to meet green regulations and improve their products competitiveness.
Strengthening vertical and horizontal integration is also another effective measure to
share the cost burden and control product quality. Government should also support en-
terprises by supplying them with update market information, increasing trade promo-
tion, building a common standard system and creating a supporting mechanism. By do-
ing so, our agricultural products will be able to break through barriers, increase our ex-
port products' competiveness in the world market, leading high profit in the future.
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