Annexes to COM(2008)401 - Community Ecolabel scheme

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dossier COM(2008)401 - Community Ecolabel scheme.
document COM(2008)401 EN
date November 25, 2009
ANNEX I

PROCEDURE FOR THE DEVELOPMENT AND REVISION OF EU ECOLABEL CRITERIA

A. Standard procedure

The following documents must be drawn up:

1. Preliminary report

The preliminary report must contain the following elements:

—Quantitative indication of the potential environmental benefits related to the product group, including consideration of the benefits from other similar European and national or regional EN ISO 14024 type I ecolabelling schemes,

—Reasoning for choice and scope of product group,

—Consideration of any possible trade issues,

—Analysis of other environmental labels' criteria,

—Current laws and ongoing legislative initiatives related to the product group sector,

—Analysis of the possibilities of substitution of hazardous substances by safer substances, as such or via the use of alternative materials or designs, wherever technically feasible, in particular with regard to substances of very high concern as referred to in Article 57 of Regulation (EC) No 1907/2006,

—Intra-community market data for the sector, including volumes and turnover,

—Current and future potential for market penetration of the products bearing the EU Ecolabel,

—Extent and overall relevance of the environmental impacts associated with the product group, based on new or existing life cycle assessment studies. Other scientific evidence may also be used. Critical and controversial issues shall be reported in detail and evaluated,

—References of data and information collected and used for issuing the report.

The preliminary report shall be made available on the Commission's dedicated EU Ecolabel website for comment and reference during the development of the criteria.

Where criteria are to be developed for food and feed product groups, the preliminary report must, with reference to the study undertaken according to Article 6(5), demonstrate the following:

—there is a real added environmental value in developing EU Ecolabel criteria for the chosen product,

—the EU Ecolabel has considered the whole life cycle of the product, and

—the use of the EU Ecolabel on the chosen product will not cause confusion when compared with other food labels.

2. Proposal for draft criteria and associated technical report

Following the publication of the preliminary report, a proposal for draft criteria and a technical report in support of the proposal shall be established.

The draft criteria shall comply with the following requirements:

—they shall be based on the best products available on the Community market in terms of environmental performance throughout the life cycle, and they shall correspond indicatively to the best 10-20 % of the products available on the Community market in terms of environmental performance at the moment of their adoption,

—in order to allow for the necessary flexibility the exact percentage shall be defined on a case-by-case basis and in each case with the aim of promoting the most environmentally friendly products and ensuring that consumers are provided with sufficient choice,

—they shall take into consideration the net environmental balance between the environmental benefits and burdens, including health and safety aspects; where appropriate, social and ethical aspects shall be considered, e.g. by making reference to related international conventions and agreements such as relevant ILO standards and codes of conduct,

—they shall be based on the most significant environmental impacts of the product, be expressed as far as reasonably possible via technical key environmental performance indicators of the product, and be suitable for assessment according to the rules of this Regulation,

—they shall be based on sound data and information which are representative as far as possible of the entire Community market,

—they shall be based on life cycle data and quantitative environmental impacts, where applicable in compliance with the European Reference Life Cycle Data Systems (ELCD),

—they shall take into consideration the views of all interested parties involved in the consultation process,

—they shall guarantee harmonisation with existing legislation applicable to the product group when considering definitions, test methods and technical and administrative documentation,

—they shall take into account relevant Community policies and work done on other related product groups.

The proposal for draft criteria shall be written in a way that is easily accessible to those wishing to use them. It shall provide justification for each criterion and explain the environmental benefits related to each criterion. It shall highlight the criteria corresponding to the key environmental characteristics.

The technical report shall include at least the following elements:

—the scientific explanations of each requirement and criterion,

—a quantitative indication of the overall environmental performance that the criteria are expected to achieve in their totality, when compared to that of the average products on the market,

—an estimation of the expected environmental/economic/social impacts of the criteria as a whole,

—the relevant test methods for assessment of the different criteria,

—an estimation of testing costs,

—for each criterion, information about all tests, reports and other documentation that shall be produced by users on request from a competent body in accordance with Article 10(3).

The proposal for draft criteria and the technical report shall be made available for public consultation on the Commission's dedicated EU Ecolabel website for comment. The party leading the product group development shall distribute the proposal and the report to all interested parties.

At least two open working group meetings shall be held on the draft criteria, to which all interested parties, such as competent bodies, industry (including SMEs), trade unions, retailers, importers, environmental and consumer organisations, shall be invited. The Commission shall also participate in those meetings.

The proposal for draft criteria and the technical report shall be made available at least one month before the first working group meeting. Any subsequent proposal for draft criteria shall be made available at least one month before subsequent meetings. The reasoning behind any changes to the criteria in subsequent drafts shall be fully explained and documented with reference to discussions in the open working groups meetings and comments received in public consultation.

Responses shall be given to all comments received during the criteria development process, indicating whether they are accepted or rejected and why.

3. Final report and draft criteria

The final report shall contain the following elements:

Clear responses to all comments and proposals, indicating whether they are accepted or rejected and why. European Union and non-European Union interested parties shall be treated on an equal footing.

It shall also include the following elements:

—a one-page summary of the level of support for the draft criteria by the competent bodies,

—a summary list of all documents circulated in the course of the criteria development work, together with an indication of the date of circulation of each document and to whom each document has been circulated, and a copy of the documents in question,

—a list of the interested parties involved in the work or which have been consulted or have expressed an opinion, together with their contact information,

—an executive summary,

—three key environmental characteristics for the product group that may be displayed in the optional label with text box described in Annex II,

—a proposal for a marketing and communication strategy for the product group.

Any observations received on the final report shall be taken into consideration, and information on the follow-up to the comments shall be provided on request.

4. Manual for potential users of the EU Ecolabel and competent bodies

A manual shall be established in order to assist potential users of the EU Ecolabel and competent bodies in assessing the compliance of products with the criteria.

5. Manual for authorities awarding public contracts

A manual providing guidance for the use of EU Ecolabel criteria to authorities awarding public contracts shall be established.

The Commission will provide templates translated into all official Community languages for the manual for potential users and competent bodies and for the manual for authorities awarding public contracts.

B. Shortened procedure where criteria have been developed by other EN ISO 14024 type I ecolabelling schemes

A single report shall be submitted to the Commission. This report shall include a section demonstrating that the technical and consultation requirements set out in Part A have been met, along with a proposal for draft criteria, a manual for potential users of the EU Ecolabel and competent bodies, and a manual for authorities awarding public contracts.

If the Commission is satisfied that the report and criteria meet the requirements set out in Part A, the report and the proposal for draft criteria shall be made available for public consultation on the Commission's dedicated EU Ecolabel website for a period of two months for comment.

Responses shall be given to all comments received during the public consultation period, indicating whether each comment is accepted or rejected and why.

Subject to any changes made during the public consultation period, and if no Member State requests an open working group meeting, the Commission may adopt the criteria pursuant to Article 8.

Upon request from any Member State, an open working group meeting shall be held on the draft criteria, in which all interested parties, such as competent bodies, industry (including SMEs), trade unions, retailers, importers, environmental and consumer organisations, shall participate. The Commission shall also participate in that meeting.

Subject to any changes made during the public consultation period or during the working group meeting, the Commission may adopt the criteria pursuant to Article 8.

C. Shortened procedure for non-substantial revision of the criteria

The Commission shall produce a report containing the following:

—a justification explaining why there is no need for a full revision of the criteria and why a simple updating of the criteria and their stringency levels is sufficient,

—a technical section updating the previous market data used for the setting of the criteria,

—a proposal for draft revised criteria,

—a quantitative indication of the overall environmental performance that the revised criteria are expected to achieve in their totality, when compared to that of the average products on the market,

—a revised manual for potential users of the EU Ecolabel and competent bodies, and

—a revised manual for authorities awarding public contracts.

The report and the proposal for draft criteria shall be made available for public consultation on the Commission's dedicated EU Ecolabel website for a period of two months for comment.

Responses shall be given to all comments received during the public consultation period, indicating whether each comment is accepted or rejected and why.

Subject to any changes made during the public consultation period, and if no Member State requests an open working group meeting, the Commission may adopt the criteria pursuant to Article 8.

Upon request from any Member State, an open working group meeting shall be held on the draft revised criteria, in which all interested parties, such as competent bodies, industry (including SMEs), trade unions, retailers, importers, environmental and consumer organisations, shall participate. The Commission shall also participate in that meeting.

Subject to any changes made during the public consultation period or during the working group meeting, the Commission may adopt the criteria pursuant to Article 8.


ANNEX II

FORM OF THE EU ECOLABEL

The EU Ecolabel shall take the following form:

Label:


Optional label with text box (the possibility for the operator to use this text box and the text used shall be that specified in the relevant product group criteria):



The EU Ecolabel registration number shall also appear on the product. It shall take the following form:



Where xxxx refers to the country of registration, yyy refers to the product group and zzzzz refers to the number given by the competent body.

The label, the optional label with text box and the registration number shall be printed either in two colours (Pantone 347 green for the leaves and stem of the flower, the ‘Є’ symbol, the web address and the EU acronym and Pantone 279 for all other elements, text and borders), or in black on white, or in white on black.


ANNEX III

FEES

1. Application fee

The competent body to which an application is made shall charge a fee according to the real administrative costs of processing the application. This fee shall be no lower than EUR 200 and no higher than EUR 1 200.

In the case of small and medium enterprises (1) and operators in developing countries, the maximum application fee shall be no higher than EUR 600.

In the case of micro-enterprises (1) the maximum application fee shall be EUR 350.

The application fee shall be reduced by 20 % for applicants registered under the Community eco-management and audit scheme (EMAS) and/or certified under the standard ISO 14001. This reduction is subject to the condition that the applicant explicitly commits, in its environmental policy, to ensure full compliance of its ecolabelled products with the EU Ecolabel criteria throughout the period of validity of the contract and that this commitment is appropriately incorporated into the detailed environmental objectives. ISO 14001 certified applicants shall demonstrate annually the implementation of this commitment. EMAS registered applicants shall forward a copy of their annually verified environmental statement.

2. Annual fee

The competent body may require each applicant who has been awarded an EU Ecolabel to pay an annual fee of up to EUR 1 500 for the use of the label.

In the case of small and medium enterprises and operators in developing countries, the maximum annual fee shall be no higher than EUR 750.

In the case of micro-enterprises the maximum annual fee shall be EUR 350.

The period covered by the annual fee will begin with the date of the award of the EU Ecolabel to the applicant.


(1) SMEs and micro-enterprises as defined by Commission Recommendation 2003/361/EC of 6 May 2003 (OJ L 124, 20.5.2003, p. 36).


ANNEX IV

STANDARD CONTRACT COVERING THE TERMS OF USE OF THE EU ECOLABEL

PREAMBLE

The competent body … (full title) hereinafter called ‘the competent body’,

registered at … (full address), which for the purposes of the signature of this contract is represented by … (name of person responsible), … (full name of holder), in his capacity as producer, manufacturer, importer, service provider, wholesaler or retailer whose official registered address is … (full address), hereafter called ‘the holder’, represented by … (name of person responsible), have agreed the following with regard to the use of the EU Ecolabel, pursuant to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), hereinafter ‘the EU Ecolabel Regulation’:

1. USE OF THE EU ECOLABEL

1.1.   The competent body grants the holder the right to use the EU Ecolabel for his products as described in the annexed product specifications, which conform to the relevant product group criteria in force for the period …, adopted by the Commission of the European Communities on … (date), published in the Official Journal of the European Union of … (full reference), and annexed to this contract.

1.2.   The EU Ecolabel shall be used only in the forms stipulated in Annex II to the EU Ecolabel Regulation.

1.3.   The holder shall ensure that the product to be labelled complies throughout the duration of this contract with all the terms of use and provisions set out in Article 9 of the EU Ecolabel Regulation, at all times. No new application will be required for modifications in the characteristics of the products which do not affect compliance with the criteria. The holder shall however inform the competent body of such modifications by registered letter. The competent body may carry out appropriate verifications.

1.4.   The contract may be extended to a wider range of products than those initially foreseen, subject to agreement by the competent body, and subject to the condition that they belong to the same product group and that they also comply with its criteria. The competent body may verify that these conditions are met. The Annex detailing the product specifications shall be modified accordingly.

1.5.   The holder shall not advertise or make any statement or use any label or logo in a way which is false or misleading or which results in confusion with, or calls into question the integrity of, the EU Ecolabel.

1.6.   The holder shall be responsible under this contract for the manner in which the EU Ecolabel is used in relation to his product, especially in the context of advertising.

1.7.   The competent body, including its agents authorised for such purpose, may undertake all necessary investigations to monitor the ongoing compliance by the holder with both the product group criteria and the terms of use and provisions of this contract in accordance with the rules laid down in Article 10 of the EU Ecolabel Regulation.

2. SUSPENSION AND WITHDRAWAL

2.1.   In the event that the holder becomes aware that he is failing to meet the terms of use or provisions contained in Article 1 of this contract, the holder shall notify the competent body and refrain from using the EU Ecolabel until those terms for use or provisions have been fulfilled and the competent body has been notified thereof.

2.2.   Where the competent body considers that the holder has contravened any of the terms of use or provisions of this contract, the competent body shall be entitled to suspend or withdraw its authorisation to the holder to use the EU Ecolabel, and to take such measures as are necessary to prevent the holder from using it further, including such measures as are provided for in Articles 10 and 17 of the EU Ecolabel Regulation.

3. LIMITATION OF LIABILITY AND INDEMNITY

3.1.   The holder shall not include the EU Ecolabel as part of any guarantee or warranty in relation to the product referred to in Article 1.1 of this contract.

3.2.   The competent body, including its authorised agents, shall not be liable for any loss or damage sustained by the holder arising out of the award and/or use of the EU Ecolabel.

3.3.   The competent body, including its authorised agents, shall not be liable for any loss or damage sustained by a third party and arising out of the award and/or use, including advertising, of the EU Ecolabel.

3.4.   The holder shall indemnify and keep indemnified the competent body and its authorised agents against any loss, damage or liability sustained by the competent body, or its authorised agents, as a result of a breach of this contract by the holder or as a result of reliance by the competent body on information or documentation provided by the holder, including any claims by a third party.

4. FEES

4.1.   The amount of application fee and annual fee shall be defined in accordance with Annex III of the EU Ecolabel Regulation.

4.2.   Use of the EU Ecolabel is conditional upon all relevant fees having been paid in due time.

5. CONTRACT DURATION AND APPLICABLE LAW

5.1.   Except as provided for in Article 5.2, 5.3 and 5.4, this contract shall run from the date on which it is signed until (…) or until expiry of the product group criteria, whichever is sooner.

5.2.   Where the holder has contravened any of the terms of use or provisions of this contract within the meaning of Article 2.2, the competent body shall be entitled to treat this as a breach of contract entitling the competent body, in addition to the provisions in Article 2.2, to terminate the contract, by registered letter to the holder, at an earlier date than that set out in Article 5.1, within (a time period to be determined by the competent body).

5.3.   The holder may terminate the contract by giving the competent body three months' notice by registered letter.

5.4.   If the product group criteria as stated in Article 1.1 are extended without amendments for any period, and if no written notice of termination from the competent body has been given at least three months before the expiry of the product group criteria and of this contract, the competent body shall inform the holder at least three months in advance that the contract shall be automatically renewed for as long as the product group criteria remain in force.

5.5.   After the termination of this contract the holder may not use the EU Ecolabel in relation to the product specified in Article 1.1 and in the Annex to this contract, either as labelling or for advertising purposes. The EU Ecolabel may nevertheless, for a period of six months after the termination, be displayed on stock held by the holder or others and manufactured before the termination. This latter provision shall not apply if the contract has been terminated for the reasons set out in Article 5.2.

5.6.   Any dispute between the competent body and the holder or any claim by one party against the other based on this contract which has not been settled by amicable agreement between the contracting parties, shall be subject to the applicable law determined in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (2) and Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II (3)).

The following Annexes shall form part of this contract:

—a copy of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel, in (the relevant Community language(s)),

—product specifications, which shall at least include details of the names, and/or the manufacturer's internal reference numbers, the manufacturing sites, and the related EU Ecolabel registration number or numbers,

—a copy of Commission Decision (… on product group criteria),

Done at … date …

…

(Competent body)

Designated person …

…

(Legally binding signature)

…

(Holder)

Designated person …

…

(Legally binding signature)


(1) OJ L 27, 30.1.2010, p. 1.

(2) OJ L 177, 4.7.2008, p. 6.

(3) OJ L 199, 31.7.2007, p. 40.


ANNEX V

REQUIREMENTS RELATING TO COMPETENT BODIES

1. A competent body shall be independent of the organisation or the product it assesses.

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be designated as a competent body.

2. A competent body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the products which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the competent body or the use of such products for personal purposes.

A competent body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of those products, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are designated. This shall in particular apply to consultancy services.

Competent bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

3. Competent bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

4. A competent body shall be capable of carrying out all the conformity assessment tasks assigned to it by this Regulation, whether those tasks are carried out by the competent body itself or on its behalf and under its responsibility.

At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been designated, a competent body shall have at its disposal the necessary:

(a)technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures. It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a competent body and other activities;

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

It shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.

5. The personnel responsible for carrying out conformity assessment activities shall have the following:

(a)sound knowledge covering all the conformity assessment activities in relation to which the competent body has been designated;

(b)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

6. The impartiality of the competent bodies, of their top level management and of the assessment personnel shall be guaranteed.

The remuneration of the top-level management and assessment personnel of a competent body shall not depend on the number of assessments carried out or on the results of those assessments.

7. Competent bodies shall participate in, or ensure that their assessment personnel are informed of, the relevant standardisation activities and the activities of the working group of competent bodies referred to in Article 13 of this Regulation and apply as general guidance the administrative decisions and documents produced as a result of the work of that group.