Proposal for a Regulation of the European Parliament and of the Council on a Community Ecolabel scheme - Analysis of the final compromise text with a view to agreement - Montesquieu Instituut

COUNCIL OFBrussels, 20 March 2009

THE EUROPEAN UNIONPUBLIC

7755/09

LIMITE

Interinstitutional File:

2008/0152 (COD)

ENV 230 CODEC 373

NOTE from :

General Secretariat

to : COREPER

No. prev. doc. : 7173/09 ENV 168 CODEC 295

No. Cion prop. : 12074/08 ENV 481 CODEC 1007 - COM(2008) 401 final Subject :

Proposal for a Regulation of the European Parliament and of the Council on a Community Ecolabel scheme

• - 

  Analysis of the final compromise text with a view to agreement

Delegations will find in the second column of the Annex to this note the compromise text resulting

from the trialogue on 17 March.

• - 

  Article 6 (5b): the word "acute" has been deleted in the reference to Regulation (EC)

N° 1272/2008;

• - 

  Article 12: the proposed reference to awareness-raising actions in schools is replaced by a

reference to public educational campaigns; the proposed reference to help desks services is

deleted;

• - 

  Annex IV (new) on standard contracts: the references to the applicable law for dispute

settlement have been clarified in agreement with the legal services of the EP and the Council

(cf. point 5.6 of that annex).

The Commission announced that it would make, at the moment of the adoption, a statement on

ensuring coherence in implementation in particular between this Regulation and existing

Community legislation on chemicals.

At its meeting on 25 March 2009, the Permanent Representatives Committee is invited to:

· consider and approve the compromise proposal in the second column of the Annex to this

note, and

· mandate its Chair to write to the Chair of the EP's ENVI Committee to confirm that, should

the European Parliament adopt amendments to the Commission proposal in the exact form

set out in the compromise proposal contained in the Annex to this note, the Council would,

ANNEX

PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON A

COMMUNITY ECOLABEL SCHEME

Recital 1 a (new)

Commission proposal Compromise proposal

(1a) The implementation of the scheme should comply with the provisions of the Treaties, including, in particular, the precautionary principle as laid down in article 174 (2) of the Treaty establishing the European Community.

Recital 2 a (new)

Commission proposal Compromise proposal

(2a) It is necessary to ensure coordination between the Community Eco-label scheme with the establishment of the requirements in the context of Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy- using products.

Recital 3

Commission proposal Compromise proposal

(3) In order to avoid the proliferation of environmental labelling schemes, and to encourage higher environmental performance in all sectors for which environmental impact is a factor in consumer choice, the possibility of using the Community Ecolabel should be extended. However, it is necessary to ensure a clear distinction between this Regulation and Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91. (3) In order to avoid the proliferation of environmental labelling schemes, and to encourage higher environmental performance in all sectors for which environmental impact is a factor in consumer choice, the possibility of using the Community Ecolabel should be extended. However, [...] for food and feed product groups, a study should be undertaken to ensure that criteria are feasible and that added value can be guaranteed [...]. For food and feed products, as well as unprocessed agricultural products that lie within the scope of Regulation EC N° 834/2007 of 28 June 2007 on organic production and labelling of organic products, the option that only those products certified organic would be eligible for the Ecolabel award should be considered, to avoid confusion for consumers.

Recital 4

Commission proposal Compromise proposal

(4) The Community Ecolabel scheme is part of the sustainable consumption and production policy of the Community, which aims at reducing the negative impact of consumption and production on the environment, health, and natural resources. The scheme is intended to promote those products which have a high level of environmental performance through the use of the Ecolabel. To this effect, it is appropriate to require that the criteria which products must comply with in order to bear the Ecolabel be based on the best environmental performance achieved by products on the Community market. Those criteria should be simple to understand and to use and should therefore be limited to the most significant environmental impacts of products. (4) The Community Ecolabel scheme is part of the sustainable consumption and production policy of the Community, which aims at reducing the negative impact of consumption and production on the environment, health, climate and natural resources. The scheme is intended to promote those products which have a high level of environmental performance through the use of the Ecolabel. To this effect, it is appropriate to require that the criteria which products must comply with in order to bear the Ecolabel be based on the best environmental performance achieved by products on the Community market. Those criteria should be simple to understand and to use, and should be based on scientific evidence, taking into consideration the latest technological developments. Those criteria should be market-oriented and limited to the most significant environmental impacts of products during their full lifecycle.

Recital 4 a (new)

Commission proposal Compromise proposal

(4a) For the acceptance by the general public of the Community Ecolabel award scheme, it is essential that environmental non- governmental organisations (NGOs) and consumer organisations play an important role and are actively involved in the development and setting of criteria for Community Ecolabels.

Recital 6

Commission proposal Compromise proposal

(6) In order to simplify the Community Ecolabel scheme and to reduce the administrative burden linked to the use of the Ecolabel, the assessment and verification procedures should be replaced by a registration system. (6) In order to simplify the Community Ecolabel scheme and to reduce the administrative burden linked to the use of the Ecolabel, the assessment and verification procedures should be [...] streamlined.

Recital 7

Commission proposal Compromise proposal

(7) In order to increase the use of the Ecolabel and in order not to penalise those whose products meet the Ecolabel criteria, the costs of using the Ecolabel should be reduced. (7) In order to increase the use of the Ecolabel and in order [...] to encourage those whose products meet the Ecolabel criteria, the costs of using the Ecolabel should be reduced.

Recital 9

Commission proposal Compromise proposal

(9) It is necessary to raise public awareness of the Community Ecolabel through promotion actions in order to make consumers aware of the meaning of the label and to enable them to make informed choices. (9) It is necessary to inform the public and raise public awareness of the Community Ecolabel through promotion actions, information and education campaigns, at local, national and Community level, in order to make consumers aware of the meaning of the label and to enable them to make informed choices. It is also necessary in order to make the scheme more attractive to producers and retailers.

Recital 10

Commission proposal Compromise proposal

(10) In order to facilitate the marketing of products bearing environmental labels at national and Community level and to avoid confusing consumers, it is also necessary to enhance the coherence between the Community Ecolabel scheme and national Ecolabel schemes in the Community. (10) In order to facilitate the marketing of products bearing environmental labels at national and Community level, to limit additional work for companies, in particular SMEs, and to avoid confusing consumers, it is also necessary to enhance the coherence and harmonisation between the Community Ecolabel scheme and national Ecolabel schemes in the Community.

Recital 11

Commission proposal Compromise proposal

(11) In order to ensure a harmonised application of the registration system and of the market surveillance and control of the use of the Ecolabel throughout the Community, competent bodies should take part in a peer evaluation system. (11) In order to ensure a harmonised application of the [...] awarding system and of the market surveillance and control of the use of the Ecolabel throughout the Community, competent bodies should [...] exchange information and experiences.

Article 1

Commission proposal Compromise proposal

This Regulation lays down rules for the establishment and application of the Community Ecolabel scheme. This Regulation lays down rules for the establishment and application of the voluntary Community Ecolabel scheme.

Article 2 - paragraph 2

Article 3 - paragraph 1

Commission proposal Compromise proposal

• 1. 

  "product group" means a set of goods or services that serve similar purposes and are similar in terms of use and consumer perception. 1. "product group" means a set of goods or services that serve similar purposes and are similar in terms of use [...] , or have similar functional properties, and are similar in terms

of consumer perception.

Article 3 - paragraph 2

Commission proposal Compromise proposal

• 2. 

  "consumer" means any natural or legal person that purchases or receives a product on the market either for use or consumption, or for manufacturing or distribution. 2. [...]

2a. "operator" means any producer, manufacturer, importer, service provider, wholesaler or retailer.

Article 3 - paragraph 5 (new)

Commission proposal Compromise proposal

• 5. 

  "verification" means a procedure to certify that the product or service complies with specified Ecolabel criteria.

Article 4 - paragraph 1

Commission proposal Compromise proposal

• 1. 

  Each Member State shall designate the body or bodies responsible for carrying out the tasks provided for in this Regulation (hereinafter referred to as "the competent body" or "the competent bodies") and ensure that they are operational. Where more than one competent body is designated, the Member State shall determine those bodies' respective powers and the coordination requirements applicable to them. 1. Each Member State shall designate the body or bodies, within government ministries or outside, responsible for carrying out the tasks provided for in this Regulation (hereinafter referred to as "the competent body" or "the competent bodies") and ensure that they are operational. Where more than one competent body is designated, the Member State shall determine those bodies' respective powers and the coordination requirements applicable to them.

Article 4 paragraph 4 (new)

Commission proposal Compromise proposal

4 new. Competent bodies shall ensure that the verification process is carried out in a consistent, neutral and reliable manner by a party independent from the operator being verified , based on international European or national standards and procedures concerning bodies operating product certification schemes.

Article 5 - paragraph 1

Commission proposal Compromise proposal

• 1. 

  The Commission shall establish a European Union Ecolabelling Board (EUEB), and appoint its members consisting of representatives of the competent bodies referred to in Article 4 and of representatives of other interested parties. The EUEB shall contribute to the development and revision of the Ecolabel criteria and to the review of the implementation of the Community Ecolabel scheme. It shall also provide the Commission with advice and assistance in these areas and, in particular, issue recommendations on minimum environmental performance requirements. 1. The Commission shall establish a European Union Ecolabelling Board (EUEB) [...] consisting of the representatives of the competent bodies of all the Member States, as referred to in Article 44, and [...] other interested parties. The EUEB shall elect its president according to its rules of procedure.

It shall contribute to the development and revision of the Ecolabel criteria and to [...] any review of the implementation of the Community Ecolabel scheme. It shall also provide the Commission with advice and assistance in these areas and, in particular, issue recommendations on minimum environmental performance requirements.

Article 6 paragraph 2

Commission proposal Compromise proposal

• 2. 

  The environmental performance of products shall be determined on the basis of the best performing products on the Community market.

To this end, the most significant environmental impacts during the life cycle of products, in particular the impact on climate change, impact on nature and biodiversity, energy and resource consumption, generation of waste, emissions to all environmental media, pollution through physical effects and use and release of hazardous substances, shall be considered. 2. The criteria shall be determined on [...] a scientific basis and considering the whole life- cycle of [...] products [...]. To this end, the most significant environmental impacts [...] shall be considered, in particular the impact on climate change, impact on nature and biodiversity, energy and resource consumption, generation of waste, emissions to all environmental media, pollution through physical effects and use and release of hazardous substances [...]. The substitution of hazardous substances by safer substances, as such or via the use of different materials or design changes, where it is technically feasible, shall also be considered. The potential to reduce environmental impacts due to durability and reusability of products shall also be considered.

Article 6 paragraph 5

Commission proposal Compromise proposal

• 5. 

  Those criteria shall include requirements intended to ensure that the products bearing the Ecolabel function adequately in accordance with their intended use. 5. Those criteria shall include requirements intended to ensure that the products bearing the Ecolabel function adequately in accordance with their intended use. 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.

Article 6 paragraph 5 a (new)

Commission proposal Compromise proposal

5a. Before developing criteria for food and feed products, as defined in Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, the Commission shall undertake a study, by 31 December 2011 at the latest, exploring the feasibility of establishing reliable criteria covering environmental performance during the whole life cycle of such products, including the products of fishing and aquaculture. The study should pay particular attention to the impact of any Ecolabel criteria on food and feed products, as well as unprocessed agricultural products, that lie within the scope of Regulation EC No 834/2007. The study should consider the option that only those products certified organic would be eligible for receiving the Ecolabel award, to avoid confusion for consumers. The Commission shall decide, taking into account the outcome of the study and the opinion of the EUEB, for which group of food and feed, if any, the development of Ecolabel criteria is feasible, in accordance with the procedure laid down in Article 16.

Article 6 paragraph 5 b (new)

Commission proposal Compromise proposal

5b. The Ecolabel may not be awarded to goods containing substances or preparations / mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), in accordance with Regulation 1272/2008/EC, nor to substances referred to in Article 57 of Regulation EC N° 1907/2006 (REACH).

5c. For specific categories of goods containing such substances, and only in case [...] when it is not technically feasible to substitute them as such or via the use of different materials or design changes, the Commission may adopt measures to grant derogations from paragraph 5b. No derogation shall be given to substances meeting the criteria of Article 57 of Regulation EC N° 1907/2006 (REACH) and identified according to the procedure described in Article 59 (1) of that Regulation, present in mixtures, in (any homogeneous part of) an (complex) article in concentrations higher than 0,1% (w/w).Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16.

Article 6 - paragraph 6

Article 6 paragraph 6 a (new)

Commission proposal Compromise proposal

6a. The development of criteria shall as far as possible take into account the principle of reducing animal testing.

Article 7 paragraph 1 subparagraph 2

Commission proposal Compromise proposal

Following consultation of the EUEB, Member States, competent bodies and other stakeholders may also initiate and lead the development or revision of the Ecolabel criteria. Following consultation of the EUEB, Member States, competent bodies and other stakeholders may also initiate and lead the development or revision of the Ecolabel criteria. Other stakeholders may be put in charge of leading the development of criteria. In this case, they must demonstrate expertise in the product area, as well as the ability to lead the process with neutrality and in line with the aims of this Regulation. In this regard, consortiums consisting of more than one interest group

will be favoured.

Article 7 paragraph 1 subparagraph 3 a (new)

Commission proposal Compromise proposal

Those documents shall be submitted to the Commission and to the EUEB.

Article 7 paragraph 2

Commission proposal Compromise proposal

• 2. 

  Where criteria have already been developed under another Ecolabel scheme for a product group for which no Community Ecolabel criteria have been established, any Member State in which the other Ecolabel scheme is recognised may, after consultation of the Commission and the EUEB, propose those criteria for development under the Community Ecolabel scheme.
• 2. 

  Where criteria have already been developed under another Ecolabel scheme complying with the requirements of environmental EN ISO 14024 type I labels for a product group for which no Community Ecolabel criteria have been established, any Member State in which the other Ecolabel scheme is recognised may, after consultation of the Commission and the EUEB, propose those criteria for development under the Community Ecolabel scheme.

In such case, the shortened criteria development procedure laid down in Annex IB may apply provided that the proposed criteria have been developed in line with Annex IA. In such cases, the shortened criteria development procedure laid down in Annex IB may apply provided that the proposed criteria have been developed in line with Annex IA. Either the Commission or the Member State who, according to subparagraph 1, has proposed the shortened criteria development procedure shall lead that procedure.

Article 7 paragraph 3

Commission proposal Compromise proposal

• 3. 

  Where criteria are developed for processed food other than the products of aquaculture, those criteria shall relate only to processing, transport or packaging. [...]

Article 7 paragraph 3 b (new)

Commission proposal Compromise proposal

3b. Within one year from the entry into force of this Regulation, the EUEB and the Commission shall agree on a working plan including a strategy and a non-exhaustive list of product groups. This plan will consider other Community action (e.g. in the field of green public procurement) and may be updated according to the latest strategic objectives of the Community in the field of the environment. This plan shall be regularly updated.

Article 8 paragraph 1

Commission proposal Compromise proposal

• 1. 

  Draft Ecolabel criteria shall be developed in accordance with the procedure laid down in Annex I and taking into account the working plan.
• 1. 

  The Commission shall, following consultation of the EUEB, adopt measures to establish specific Ecolabel criteria for each product group. The Commission shall, no later than nine months after [...] consultation of the EUEB, adopt measures to establish specific Ecolabel criteria for each product group. These measures [...] shall be published in the Official Journal

of the European Union.

In its final proposal, the Commission shall take into account the comments of the EUEB and shall clearly highlight, document and provide explanations for the reasoning behind any changes in its final proposal compared to the draft proposal following the consultation of the EUEB.

Article 8 paragraph 2

Commission proposal Compromise proposal

In the measures referred to in paragraph 1 the Commission shall: In the measures referred to in paragraph 1 the Commission shall:

• a) 

  establish requirements for assessing the compliance of specific products with the Ecolabel criteria; (a) establish requirements for assessing the compliance of specific products with the Ecolabel criteria;
• b) 

  indicate, where appropriate, the three key environmental characteristics that shall be placed on the Ecolabel; (b) [...] specify three key environmental characteristics [...] of the product bearing the Ecolabel that may be displayed in accordance with Annex II;
• c) 

  specify the period of validity of the criteria and of the assessment requirements. (c) specify, for each product group, the relevant period of validity of the criteria and of the assessment requirements.

(d new) specify the degree of product variability allowed during the period of validity referred to in point (c).

Article 8 paragraph 3

Commission proposal Compromise proposal

• 3. 

  The period of validity of the criteria and of the assessment requirements shall be specified within each set of Ecolabel criteria for each product group. [...]

nb: text moved to Article 8(2)(c).

Article 8 paragraph 3 a (new)

Article 9 paragraph 1

Commission proposal Compromise proposal

• 1. 

  In order to use the Ecolabel, manufacturers, importers, service providers, wholesalers or retailers who wish to use the Ecolabel shall register with one of the competent bodies referred to in Article 4 in accordance with the following rules: 1. [...] Any operator who wishes to use the Ecolabel shall [...] apply to the competent bodies referred to in Article 4 in accordance with the following rules:

(a) where a product originates in a single Member State, the registration shall be made with the competent body of that Member State; (a) where a product originates in a single Member State, the [...] application shall be [...] presented to a competent body of that Member State;

(b) where a product originates in the same form in several Member States, the registration may be made with a competent body in one of those Member States; (b) where a product originates in the same form in several Member States, the [...] application may be [...] presented to a competent body in one of those Member States;

(c) where a product originates outside the Community, the registration shall be made with a competent body in any of the Member States in which the product is to be or has been placed on the market. (c) where a product originates outside the Community, the [...] application shall be [...] presented to a competent body in any of the Member States in which the product is to be or has been placed on the market.

The Ecolabel shall have one of the forms depicted in Annex II. The Ecolabel shall have [...] the form [...] depicted in Annex II.

The Ecolabel may only be used in connection with products covered by a registration and complying with the Ecolabel criteria applicable to the products concerned. The Ecolabel may only be used in connection with products [...] complying with the Ecolabel criteria applicable to the products concerned and for which the Ecolabel has been awarded.

Article 9 paragraph 2 subparagraph 1

Article 9 paragraph 2 subparagraph 2

Commission proposal Compromise proposal

Applications for registration shall include all relevant documentation, as specified in the relevant Commission measure establishing Ecolabel criteria for the product group in question. Applications [...] shall include all relevant documentation, as specified in the relevant Commission measure establishing Ecolabel criteria for the product group in question.

Amendment 38

Article 9 paragraph 3

Commission proposal Compromise proposal

• 3. 

  The competent body to which an application for registration is made may charge a fee of up to 200 for processing the registration. If a fee is charged, the use of the Ecolabel shall be conditional upon the fee having been paid in due time. 3. The competent body to which an application [...] is made [...] shall charge fees according to Annex III. The use of the Ecolabel shall be conditional upon the fees having been paid in due time.

Article 9 paragraph 4

Commission proposal Compromise proposal

• 4. 

  Within two month of receipt of an application for registration, the competent body concerned shall check the documentation referred to in paragraph 2. 4. Within two months of receipt of an application [...], the competent body concerned shall check if the documentation [...] is complete and shall notify the operator. The competent body may reject the application if the operator fails to complete the documentation within six months after that notification.

Provided that the documentation is complete, the competent body shall assign a registration number to each product. Provided that the documentation is complete and the competent body has verified that the product complies with the Ecolabel criteria and assessment requirements published according to Article 8, the competent body shall assign a registration number to the product according to Annex II. Operators shall meet the costs of testing and assessment of conformity with Ecolabel criteria. Operators may be charged for travel and accommodation costs when an on-site verification is needed outside the Member State in which the Competent Body is based.

Article 9 - paragraph 4 a (new)

Commission proposal Compromise proposal

4a. Where Ecolabel criteria require production facilities to meet certain requirements they shall be met in all facilities where the product bearing the Ecolabel is manufactured. Where appropriate the competent body shall undertake on-site verifications or assign an authorised agent for that purpose.

Article 9 - paragraph 4 b (new)

Commission proposal Compromise proposal

4b. Competent bodies shall preferentially recognise tests which are accredited according to ISO 17025 and verifications performed by bodies which are accredited under the EN 45011 standard or an equivalent international standard. Competent bodies shall collaborate in order to ensure the effective and consistent implementation of the assessment and verification procedures, notably through the working group as laid down in Article 13.

Article 9 - paragraph 4 c (new)

Commission proposal Compromise proposal

4c. The competent body shall conclude a contract, covering the terms of use of the Ecolabel (including provisions for the authorisation and withdrawal of the Ecolabel, notably following the revision of criteria) with each operator. To this end a standard contract shall be used in accordance with the template in Annex IV.

Article 9 - paragraph 5

Commission proposal Compromise proposal

• 5. 

  On receiving the registration number, the trader may place the label on the product. In such a case, the trader shall also place the registration number on the product. 5. [...] The [...] operator may place the label on the product only after conclusion of the contract. In such a case, the [...] operator shall also place the registration number on the product.

Article 9 paragraph 6

Commission proposal Compromise proposal

(6) The competent body which has registered a product shall notify each registration to the Commission. The Commission shall establish a common register and update it regularly. That register shall be publicly available. (6) The competent body which has [...] awarded the Ecolabel to a product shall notify [...] it to the Commission. The Commission shall establish a common register and update it regularly. That register shall be publicly available on a website dedicated to the Ecolabel.

Article 9 - paragraph 7

Commission proposal Compromise proposal

• 7. 

  The Ecolabel may be used on the products covered by the registration and on their associated promotional material. 7. The Ecolabel may be used on the products [...] for which the [...] Ecolabel has been awarded and on their associated promotional material.

Article 9 - paragraph 8

Article 9 paragraph 10

Commission proposal Compromise proposal

• 10. 

  Where the Ecolabel is placed on processed food other than the products of aquaculture that do not fulfil the requirements of Regulation (EC)

No 834/2007, it shall be supplemented by an indication in the same visual field to the effect that the label relates only to the environmental performance of processing, transport or packaging of the product. [...]

The first subparagraph shall also apply to processed food labelled in accordance with Article 24 of Regulation (EC) No 834/2007. [...]

Article 10 - paragraph 2 - subparagraph 1

Commission proposal Compromise proposal

• 2. 

  The competent body which has registered the product shall proceed to verifications on a regular basis, or upon complaint, in relation to registrations made with them. Those verifications may take the form of random spot checks. 2. The competent body [...] shall proceed to

verifications [...], that the product complies with the Ecolabel criteria and assessment requirements published under Article 8, on a regular basis, for those products to which it has awarded the Ecolabel. The competent body shall also undertake such verifications upon complaint, as appropriate. These verifications may take the form of random spot checks.

Article 10 - paragraph 2 - subparagraph 2

Article 10 - paragraph 3

Commission proposal Compromise proposal

• 3. 

  The user of the Ecolabel shall allow the competent body which has registered the product to undertake all necessary investigations to monitor the on-going compliance by the user with the product group criteria and Article 9. 3. The user of the Ecolabel shall allow the competent body which has [...] awarded the Ecolabel to the product to undertake all necessary investigations to monitor [...] its on- going compliance [...] with the product group criteria and Article 9.

Article 10 - paragraph 4

Commission proposal Compromise proposal

• 4. 

  The user of the Ecolabel shall upon request by the competent body which has registered the product grant access to the premises in which the product concerned is produced. The request may be made at any reasonable time and without notice. 4. The user of the Ecolabel shall, upon request by the competent body which has [...] awarded the Ecolabel to the product, grant access to the premises in which the product concerned is produced. The request may be made at any reasonable time and without notice.

Article 10 - paragraph 5

Commission proposal Compromise proposal

• 5. 

  Where, after giving the user of the Ecolabel the opportunity to submit his observations, the competent body which has registered the product finds that products bearing the Ecolabel do not comply with the relevant product group criteria or that the Ecolabel is not used in accordance with Article 9, it shall prohibit the use of the Ecolabel on those products. The user of the Ecolabel shall not be entitled to repayment of the fee set out in Article 9(3), either in whole or in part. The competent body shall without delay inform all other competent bodies and the Commission

of that prohibition.

• 5. 

  Where, after giving the user of the Ecolabel the opportunity to submit [...] observations, [...] any competent body which [...] finds that [...] a product bearing the Ecolabel does not comply with the relevant product group criteria or that the Ecolabel is not used in accordance with Article 9, it shall either prohibit the use of the Ecolabel on [...] that product or, in the case where the Ecolabel has been awarded by another competent body, it shall inform that competent body. The user of the Ecolabel shall not be entitled to repayment of the fees set out in Article 9(3), either in whole or in part. The competent body shall without delay inform all other competent bodies and the Commission of that prohibition.

Article 10 paragraph 6 subparagraph 1

Commission proposal Compromise proposal

• 6. 

  The competent body which has registered the product shall not disclose, or use for any purpose unconnected with the registration for use of the Ecolabel, information to which it has gained access in the course of assessing the compliance by a user of the Ecolabel with the rules on use of the Ecolabel set out in Article 9. 6. The competent body which has [...] awarded the Ecolabel to the product shall not disclose, or use for any purpose unconnected with the [...] award for use of the Ecolabel, information to which it has gained access in the course of assessing the compliance by a user of the Ecolabel with the rules on use of the Ecolabel set out in Article 9.

Article 10 paragraph 7

Commission proposal Compromise proposal

• 7. 

  If a competent body is made aware of a product on the market bearing the Ecolabel that may not be in compliance with the product group criteria and Article 9, it shall inform the Commission and the competent body which has registered the product immediately. [...]

nb: moved to Article 10(5) and (6).

The competent body which has registered the product shall take the necessary steps to investigate the compliance of the product with the product group criteria and Article 9. The procedure set out in paragraph 5 shall apply.

Article 11

Commission proposal Compromise proposal

Article 12

Commission proposal Compromise proposal

Member States and the Commission shall, in cooperation with the EUEB, promote the use of the Community Ecolabel by awareness-raising actions and information campaigns for consumers, producers, public purchasers, traders, retailers and the general public, thus supporting the development of the scheme. Member States and the Commission shall, in cooperation with the EUEB, agree on a specific action plan to promote the use of the Community Ecolabel by :

• - 

  awareness-raising actions and information

and public education campaigns for consumers, producers, manufacturers, wholesalers service providers, public purchasers, traders, retailers and the general public,

• - 

  encouraging the uptake of the scheme,

especially for SMEs,

thus supporting the development of the scheme.

Article 12 paragraph 1 a (new)

Article 12 paragraph 1 b (new) and new corresponding recital

Commission proposal Compromise proposal

1b. Member States shall encourage the use of the "Manual for authorities awarding public contracts", as specified in Annex I, Part A, point 5. For this purpose, Member States [...] shall consider, for example, [...] the setting of targets for the purchasing of products meeting the criteria specified in those guidelines.

Article 13 title

Commission proposal Compromise proposal

Peer evaluation [...] Exchange of information and experiences.

Article 13 paragraph 1

Commission proposal Compromise proposal

In order to ensure a harmonised application of Articles 9 and 10, competent bodies shall undergo a peer evaluation. The peer evaluation shall be operated on the basis of sound and transparent evaluation criteria and provisions. In order to [...] foster a consistent implementation of the Regulation, competent bodies shall regularly exchange information and experiences, in particular on the application of Articles 9 and 10 [...].

Article 13 paragraph 2

Article 14

Commission proposal Compromise proposal

By [set a specific date - five years from the date of publication) at the latest, the Commission shall submit to the European Parliament and the Council a report on the implementation of the Community Ecolabel scheme. The report shall also identify elements for a possible review of the scheme. By [...] five years from the date of publication at the latest, the Commission shall submit to the European Parliament and the Council a report on the implementation of the Community Ecolabel scheme. The report shall also identify elements for a possible review of the scheme.

Article 15 subparagraph 1

Commission proposal Compromise proposal

The Commission may increase the maximum fee provided for in Article 9(3) and amend the Annexes. The Commission may [...] modify the maximum fees provided for in [...] Annex III and amend the Annexes, taking into account the need for fees to cover the costs of running the scheme.

Article 15 subparagraph 2

Commission proposal Compromise proposal

Those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2). Those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16 [...].

Article 16 paragraph 2

Annex 1 Part A point 1 indent 1

Commission proposal Compromise proposal

Quantitative indication of the potential environmental benefits related to the product group, including consideration of the benefits coming from other similar European and national ecolabel product groups;

Quantitative indication of the potential environmental benefits related to the product group, including consideration of the benefits coming from other similar European and national or regional EN ISO 14024 type I ecolabel product groups;

Annex 1 Part A point 1 indent 5a (new

Commission proposal Compromise proposal

• - 

  Analysis of the possibilities of substitution

of hazardous substances, as such or via the use of different materials or design changes, wherever technically feasible, in particular with regard to substances of very high concern as defined in Article 57 of Regulation (EC) No 1907/2006;

Annex 1 Part A point 1 indent 7

Commission proposal Compromise proposal

• - 

  Current and future potential for market penetration of the Ecolabelled products; Current and future potential for market

penetration of the [...] products bearing the Ecolabel;

Annex I Part A point 1 last paragraph (new)

Commission proposal Compromise proposal

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

following:

• - 

  that there is a real added environmental

value of developing Ecolabel criteria for the chosen product.

• - 

  that the Ecolabel has considered the whole

life cycle of the product

• - 

  that the use of the Ecolabel on the chosen

product will not cause confusion when compared with other food labels.

Annex I Part A point 2 - subparagraph 2 indent 1

Commission proposal Compromise proposal

• - 

  they shall be based on the environmental performance throughout the life-cycle of the product of the best performing products on the market and correspond, as far as possible, to 10% of the best performing products available on the market; - 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 time of their adoption;

Annex I Part A point 2 - subparagraph 3

Commission proposal Compromise proposal

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

Annex I Part A point 3 indent 4a (new)

Commission proposal Compromise proposal

• - 

  three key environmental characteristics of

the product bearing the Ecolabel that may be displayed according to Annex II of this Regulation;

Annex I - part A - point 5 - note

Commission proposal Compromise proposal

Note: The Commission will provide templates for the user manual for applicants and competent bodies and for the user manual for authorities awarding public contracts. Note: The Commission will provide templates translated into all official Community languages for the user manual for applicants and competent bodies and for the user manual for authorities awarding public contracts.

Annex I Part B Title

Annex I Part B a (new)

Commission proposal Compromise proposal

(Ba.) SHORTE ED PROCEDURE FOR

O -SUBSTA TIAL REVISIO 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 draft revised criteria proposal
• - 

  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 user manual for potential users

of the Ecolabel and competent bodies; and

• - 

  a revised user manual for authorities

awarding public contracts.

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

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 Ecolabel

Commission proposal Compromise proposal

The Community Ecolabel shall have one of the following forms: The Community Ecolabel shall [...] take [...]the following form[...]:

[...] Label :

1.

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

2.

Annex III to the ANNEX FEES (new)

Commission proposal Compromise proposal

• 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 cannot be lower than 200 and not higher than 1200.

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

In the case of Micro-Enterprises the maximum application fee is 350.

1

1 SMEs and micro enterprises as defined by

Commission Recommendation 2003/361/EC of 6 May 2003 (Official Journal L 124 of 20.05.2003).

The application fee shall be reduced by 20 % for applicants that are EMAS registered and/or ISO 14001 certified. This reduction shall be subject to the condition that the applicant explicitly commits, in its environmental policy, to ensure full compliance of its Ecolabelled products with the Ecolabel criteria throughout the period of validity of the contract and that this commitment is appropriately incorporated into the detailed environmental objectives. Those applicants with ISO 14001 shall demonstrate annually the implementation of this commitment. Those with EMAS 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 Ecolabel to pay an annual fee of up to 1500 for the use of the label.

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

In the case of Micro-Enterprises the maximum annual fee is 350.

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

Annex IV (new) to the ANNEX

Commission proposal Compromise proposal

STANDARD CONTRACT COVERING THE TERMS OF USE OF THE COMMUNITY ECOLABEL

PREAMBLE

The competent body ........ .

(full title) hereafter 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 manufacturer, importer, service provider, trader 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 Community Ecolabel, pursuant to Regulation (EC) N° ... on a Community Ecolabel Scheme, hereinafter "the Ecolabel Regulation

1.1. The competent body grants the holder the right to use the 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 Communities of ....... (full reference), and annexed to this contract.

1.2. The Ecolabel shall be used only in accordance with the rules laid down in Annex II to the 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 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.

1.7. The competent body, including its agents authorised for such purpose by the competent body, may undertake all or any necessary investigations to monitor the on- going 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 Ecolabel Regulation.

• 2. 

  SUSPENSION AND WITHDRAWAL

2.1. In a case where the holder becomes aware that he fails 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 Ecolabel until those terms for use or provisions have been fulfilled and the competent body 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 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 Ecolabel Regulation.

• 3. 

  LIMITATION OF LIABILITY AND

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. Financial ResourcesThe amount of application fee and annual fee shall be defined in accordance with Annex III of the Regulation

4.2. Use of the Eco-label is conditional upon all relevant fees having been paid in due time.

• 5. 

  CONTRACT DURATION AND

APPLICABLE LAW

5.1. Need to be met in the short or long term. Except as provided for in Article 5.2, 5.3 and 5.4 hereof, 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 given in Article 5.1, within (a time period to be determined by the competent body).

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 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 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 foreseen under 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) 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)

The following Annexes shall form part of this

contract:

-- copy of Regulation (EC) No xxxx/yyyy of the European Parliament and of the Council of xxyy zzzz on a Community Ecolabel Scheme and its amendments, 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 Eco- label licence 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)

Annex V (new) to the ANNEX

Commission proposal Compromise proposal

Requirements relating to competent bodies

• 1. 

  A competent body shall be independent

of the organisation or the product it assesses.

A competent 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 considered such a 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 judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.

• 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 judgement 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 notified, 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 notified body and other activities;

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 notified;

(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 notified body coordination group established under the relevant Community harmonisation legislation and apply as general guidance the administrative decisions and documents produced as a result of the work of that group.