A4-0119/98

Proposal for a Council Regulation on a revised Community eco-label award scheme (COM(96)0603 - C4-0157/97 - 96/0312(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Preamble

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THE COUNCIL OF THE EUROPEAN UNION,

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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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Having regard to the Treaty establishing the European Community and in particular Article 130s(1) thereof,

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Having regard to the Treaty establishing the European Community and in particular

Articles 100a and 130s(1) thereof,

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Having regard to the proposal from the Commission,

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Having regard to the proposal from the Commission,

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Having regard to the opinion of the Economic and Social Committee,

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Having regard to the opinion of the Economic and Social Committee,

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Acting in accordance with the procedure laid down in Article 189c of the Treaty in cooperation with the European Parliament,

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Acting in accordance with the procedure laid down in Article 189

b of the Treaty,

(Amendment 2)

Recital 4a (new)

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4a. Whereas for the acceptance by the general public of the European eco-label award system it is essential that environmental NGOs and consumer organisations have an important role in the decision-making process for the award of Community eco-labels;

(Amendment 3)

Recital 6

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6. Whereas the scope of the scheme should include products and environmental factors which are of supreme Community interest from the point of view both of the internal market and of the environment;

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6.

Whereas the scope of the scheme should include products, the provision of services and environmental factors which are of supreme Community interest from the point of view both of the internal market and of the environment;

(Amendment 4)

Recital 9a (new)

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9a. Whereas in the various stages of the award of an eco-label efforts must be made to ensure a high level of environmental protection;

(Amendment 5)

Recital 10

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10. Whereas it is necessary to introduce a grading in the eco-label in order to stimulate and recognize further environmental improvements, over and above the hurdles set for the award of the label;

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10.

Whereas it is necessary to provide more information on the label about the reasons for the award in order to assist consumers in understanding the significance of the award;

(Amendment 6)

Recital 11

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11. Whereas it is necessary to assign the task of setting eco-label criteria and assessment and verification requirements to an appropriate independent body, in order to achieve an efficient and neutral implementation of the scheme;

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11.

Whereas it is necessary to assign the task of setting eco-label criteria and assessment and verification requirements to an appropriate technical committee, in order to achieve an efficient and neutral implementation of the scheme;

(Amendment 7)

Recital 12

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12. Whereas such a body should be composed of the competent bodies already designated by the Member States under Article 9 of Regulation (EEC) No 880/92, in order to make full use of the expertise, structures and resources of those bodies and to prevent duplications and waste of resources;

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12.

Whereas such a committee should be composed of the competent bodies already designated by the Member States under Article 9 of Regulation (EEC) No 880/92, in order to make full use of the expertise, structures and resources of those bodies and to prevent duplications and waste of resources;

(Amendment 8)

Recital 12a (new)

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12a. Whereas the composition of such a committee should be such that it is ensured that representatives of environmental NGOs and consumer organisations are appointed on an equal basis with representatives of industry;

(Amendment 9)

Recital 13

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13. Whereas the establishment of such a body in the form of an Association of the competent bodies will take some time, and the full application of this Regulation should be subject to such a body being operational;

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Deleted

(Amendment 50)

Recital 15

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15. Whereas provision should be made to ensure consistency and complementarity between the Community eco-label and other eco-label schemes in the Community, in order to avoid confusing consumers and creating potential market and trade distortions, and in order to increase the attractiveness of the eco-label to potential applicants;

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15.

Whereas provision should be made to ensure consistency and complementarity between the Community eco-label and other eco-label schemes in the Community, in order to avoid confusing consumers and creating potential market and trade distortions, and in order to increase the attractiveness of the eco-label to potential applicants, while taking into account the position of a number of successfully operating national and regional eco-labelling systems;

(Amendment 10)

Article 1(2)

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2. The environmental impacts are identified on the basis of examination of the interactions with the environment, including use of energy and natural resources, during the entire life cycle of a product.

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2.

The environmental impacts are identified on the basis of examination of the interactions with the environment, including use of energy and natural resources, and with due regard for a high level of environmental protection, during the entire life cycle of a product.

(Amendment 11)

Article 1(4a) (new)

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4a. In order to improve the use of eco-labelled products, the Commission and other European Institutions, as well as other public authorities both at Community and national levels, should actively act as examples concerning the purchase choices they make.

(Amendment 13)

Article 3(2)(ca) (new)

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(ca) the degree of technical reliability shall relate to the quality of the product.

(Amendment 12)

Article 3(3)

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3. The criteria and their selectivity level shall be determined in accordance with the eco-label rating set out in Annex III.

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Deleted

(Amendment 14)

Article 4(1), 2nd subparagraph (new)

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The eco-label may also be awarded for the provision of services.

(Amendment 15)

Article 4(5)

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5. This Regulation shall not apply to food, drink or pharmaceuticals.

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5.

This Regulation shall not apply to food, drink, pharmaceuticals or medical devices.

(Amendment 16)

Article 5(1)

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1. The Commission shall encourage the creation of an association of the competent bodies referred to in Article 9, having legal personality, under the title of European Eco-label Organization, hereinafter referred to as 'the EEO'.

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1.

The Commission shall encourage the creation of an association of the competent bodies referred to in Article 9, under the title of Technical Committee for the Eco-label, hereinafter referred to as 'the TCEL'.

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All references to the EEO to be replaced by 'TCEL¨ throughout the text.

(Amendment 45)

Article 5(2), 4th subparagraph, 2nd sentence

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The procedure shall in particular ensure transparency and access to consultation for all interested parties as provided for in Annex IV.

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The procedure shall in particular ensure transparency and access to consultation for all interested parties

organized in the Consultation Forum (procedure in Article 6 of Regulation (EEC) No 880/92).

(Amendment 46)

Article 5(3)

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3. The Commission will publish the references to those criteria and requirements and their updatings in the Official Journal of the European Communities, C Series, when it is satisfied that the terms of the relevantmandate have been complied with.

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3.

The Commission will publish the references to those criteria and requirements and their updatings in the Official Journal of the European Communities, L Series, when it is satisfied that the terms of the relevantmandate have been complied with.

(Amendment 17)

Article 5(3a) (new)

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3a. The TCEL shall provide a written statement of reasons if its final decision differs from the opinion of the Consultation Forum.

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Adequate financial contributions shall be provided to enable a sufficient number of members of the major consumer and environmental organizations to take part in the Consultation Forum.

(Amendment 18)

Article 6(2)

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2. The application may refer to a product put on the market under one or more brand names. No new application will be required for modifications in the characteristics of products which do not affect compliance with the criteria.

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2.

The application may refer to a product put on the market under one or more brand names. No new application will be required for modifications in the characteristics of products which do not affect compliance with the criteria. The competent bodies must, however, be informed of these modifications.

(Amendment 20 )

Article 7

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The eco-label shall consist of the logo and information set out in Annex III. Specifications concerning the information to be included and its presentation shall be part of the criteria established by the EEO. The Commission shall consult national consumer associations represented in the Consumer Committee established by Commission Decision 95/260/EC, within five years of the date referred to in the second subparagraph of Article 16(2), second subparagraph, of this Regulation, in order to assess how effectively the graded eco-label meets the information needs of consumers. On the basis of this assessment, the Commission shall introduce any appropriate modifications as to the information to be included in the eco-label, according to the procedure set out in Article 13.

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The eco-label shall consist of the logo and information set out in Annex III. Specifications concerning the information to be included and its presentation shall be part of the criteria established by the

TCEL. It shall be ensured in each case that the information is clear, simple and legible. The Commission shall consult national consumer associations represented in the Consumer Committee established by Commission Decision 95/260/EC, within five years of the date referred to in the second subparagraph of Article 16(1) of this Regulation, in order to assess how effectively the eco-label and the additional information meet the information needs of consumers. On the basis of this assessment, and after the consultation of the European Parliament, the Commission shall introduce any appropriate modifications as to the information to be included in the eco-label, according to the procedure set out in Article 13.

(Amendments 22 and 52)

Article 11(1)

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1. Within five years of the date referred to in the second subparagraph of Article 16(2), existing and new public and private eco-label schemes in the Member States shall be organized in such a way as to apply to product groups for which no specific Community eco-label criteria are established, ensuring complementarity between such schemes and the Community eco-label.

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1.

Within five years of the date referred to in Article 16(1), existing and new public and private eco-label schemes in the Member States shall be organized in such a way as to apply to product groups for which no specific Community eco-label criteria are established, ensuring complementarity between such schemes and the Community eco-label, provided that an independent study, commissioned by the Commission, has shown that the environmental criteria for the Community eco-label are at least as strict as the best national eco-label scheme.

(Amendment 23)

Article 13, 1st and 2nd paragraphs

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The Commission shall be assisted by a Committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

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The Commission shall be assisted by a Committee of an advisory nature composed of

one representative per Member State and chaired by the representative of the Commission.

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The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

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The representative of the Commission shall submit to the Committee a draft of the measures

of general application to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

(Amendment 24)

Article 15(2)

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2. The Commission shall propose any appropriate amendments to this Regulation.

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2. Should the Commission propose any appropriate amendments to this Regulation, it must do so in accordance with the procedure laid down in Article 189c of the Treaty.

(Amendment 25)

Article 16(2)

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2. Apart from Article 5(1), the provisions of this Regulation shall apply as from the day following that on which the Commission decides that the EEO is in a position to perform its tasks.

That date shall be published in the Official Journal of the European Communities.

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Deleted

(Amendment 26)

ANNEX III

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Commission text

Shape of the eco-label

The eco-label is awarded to products which comply with at least the minimum level of the criteria, for all the selected key environmental aspects. It includes information for consumers according to the following scheme:

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This label guarantees a reduced environmental impact

Key environmental aspects

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Environmental score1

X

Y

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EUROPEAN UNION

ECO-LABEL

Z

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1This is an example. One, two or three 'flowers' may be attributed, for each key aspect.

Contents

The label will include those aspects for which there are quantified eco-label criteria. These aspects will be described in non-technical and unambiguous terms.

The label will also include generic information on qualitative criteria.

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Parliament's amendments

Shape of the eco-label

The eco-label is awarded to products which comply with at least the minimum level of the criteria, for all the selected key environmental aspects. It includes information for consumers according to the following scheme:

The label consists of two parts: box 1 and box 2, see illustration below.

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This label guarantees a reduced environmental impact

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*

*

*

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EUROPEAN UNION

ECO-LABEL

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Box 1Box 2

Box 2 contains information about the reasons for the award of the eco-label. This information must relate to at least one and not more than three environmental impacts. The information will be in the form of a brief description in words.

This is an example

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*

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low air pollution

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*

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energy efficient

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*

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reduced toxicity

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Box 1 and box 2 shall be used together where this is practical but, where consideration of space is an important factor, box 2 may be omitted on some applications, provided that the full label is used in other applications relating to the same product. For example, box 1 may be used on its own on the product itself if the full label appears elsewhere on the packaging, information leaflets or other point-of-sale material.

(Amendment 27)

ANNEX IV (a)

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(a) The involvement of the parties directly or indirectly concerned by the mandate and a balanced participation of all the relevant interest groups, such as industry, including SMEs and hand crafts through their business organizations, trade unions, retailers, importers, environmental protection groups, consumer organizations, shall be actively pursued.

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(a)

The involvement of the parties directly or indirectly concerned by the mandate and a balanced participation of all the relevant interest groups, such as industry, including SMEs and hand crafts through their business organizations, trade unions, retailers, importers, environmental protection groups, consumer organizations, shall be actively pursued through the Consultation Forum mentioned in Article 5(2).

(Amendment 28)

ANNEX IV (c)

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(c) A specific ad hoc working group involving the interested parties mentioned above shall be established for the development of eco-label criteria for each product group.

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(c)

A specific ad hoc working group involving the interested parties mentioned above and the competent bodies concerned shall be established by the TCEL for the development of eco-label criteria for each product group.

(Amendment 29)

ANNEX IV (d), 3rd paragraph

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All reasonable efforts shall be made to achieve a consensus throughout the process, while aiming at high levels of environmental protection. However, the EEO shall apply decision-making procedures in conformity with practice of European standardization bodies.

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All reasonable efforts shall be made to achieve a consensus throughout the process, while aiming at high levels of environmental protection.

(Amendment 31)

ANNEX V (4)

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4. The annual fee shall be calculated as a percentage of the annual volume of sales within the European Union of the product awarded the eco-label.

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4.

The annual fee shall be calculated in relation to the annual volume of sales within the European Union of the product awarded the eco-label

(Amendment 32)

ANNEX V (5)

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5. The percentage figure of the annual volume of sales shall be 0.15% with a ceiling of ECU 40 000.

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5. The annual fees shall be ECU 500 for an annual volume of sales up to ECU 500 000, ECU 2000 for an annual volume of sales up to ECU 2 000 000, and ECU 5000 for an annual volume of sales exceeding ECU 2 000 000.

(Amendment 33)

ANNEX V (6)

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6. The minimum figure shall be ECU 500.

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Deleted

(Amendment 34)

ANNEX V (7)

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7. In the case of SMEs and manufacturers of developing countries, the percentage figure of the annual volume of sales shall be 0.10%.

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7.

In the case of SMEs and manufacturers of developing countries, the annual fees provided for at point 5 shall be reduced by 50%.

(Amendment 35)

FINANCIAL STATEMENT (2) and (3)

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2. Budget heading involved

B4-3040

3. Legal basis

Article 130s

Regulation (EEC) No. 880/92, as amended.

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2. Budget heading involved

B4-3040 and B5-300

3. Legal basis

Article 130s and Article 100a

Regulation (EEC) No. 880/92, as amended.

(Amendment 36)

FINANCIAL STATEMENT (4.1), 2nd paragraph

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For this aim it is proposed to revise the eco-label scheme established by Regulation (EEC) No 880/92, in particular by transferring its operation to an independent body within that framework, to establish a European Eco-label Organization.

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For this aim it is proposed to revise the eco-label scheme established by Regulation (EEC) No 880/92, in particular by transferring its

technical operation to the Technical Committee for the Eco-label.

(Amendment 38)

FINANCIAL STATEMENT (7.1), 5th and 6th paragraphs

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No further Community financing is foreseen after the fourth year of operation.

The EEO is expected to become in the longer term self-financing on the fees resulting from the eco-label awards. Execution of the mandates which will be given by the Commission and the general costs of the EEO should be financed by the 50% of eco-label award annual fees which the EEO is entitled to obtain from the competent bodies.

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Execution of the mandates which will be given by the Commission and the general costs of the

TCEL should inter alia be financed by the 50% of eco-label award annual fees which the TCEL is entitled to obtain from the competent bodies.

(Amendment 40)

FINANCIAL STATEMENT (8), 2nd paragraph, 3rd point

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. an annual detailed financial report shall be submitted by the EEO to the Commission. The Commission will make systematic checks on the basis of this report at the premises of the EEO. Approval of the report by the Commission will be a condition for payments.

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Deleted

(Amendment 41)

FINANCIAL STATEMENT (9.2), 2nd indent, first 5 paragraphs

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It is therefore proposed to set up a European Eco-label Organization (EEO) which should establish and update the eco-label criteria and the corresponding assessment and verification requirements as well as coordinate the activities of the competent bodies. The EEO would be a private international association of the eco-label Competent Bodies. The Commission would promote the establishment of the EEO. The EEO would act on mandate by the Commission.

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It is therefore proposed to set up a

Technical Committee for the Eco-label (TCEL) which should establish and update the eco-label criteria and the corresponding assessment and verification requirements as well as coordinate the activities of the competent bodies. The TCEL would be an association of the eco-label Competent Bodies. The Commission would promote the establishment of the TCEL. The TCEL would act on mandate by the Commission. The Commission would provide the chair of the committee.

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The EEO would act as a coordinating network between the competent bodies and would not require the creation of costly new complex structures.

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The

TCEL would act as a coordinating network between the competent bodies and would not require the creation of costly new complex structures.

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The approach proposed is therefore parallel to the 'new approach' for the European technical standardization and the role of the EEO would be similar to that of the European Standardization Committee (CEN).

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The specific technical tasks attributed to the EEO will regard mainly the management and coordination of the studies in order to develop or to renew the ecological criteria for the different product groups. The studies will be carried on following a mandate from the Commission and with the assistance of technical consultants.

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The specific technical tasks attributed to the

TCEL will regard mainly the management and coordination of the studies in order to develop or to renew the ecological criteria for the different product groups. The studies will be carried on following a mandate from the Commission and with the assistance of technical consultants.

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A specific ad hoc working group will be established for the development of eco-label criteria for each product group. The EEO will actively involve at different stages of the studies the different stakeholders (parties directly or indirectly concerned by the mandate) ensuring a balanced participation of all the relevant interest groups, such as industry, including SMEs and hand crafts through their business organizations, trade unions, retailers, importers, environmental protection groups and consumers.

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A specific ad hoc working group will be established for the development of eco-label criteria for each product group. The

TCEL will actively involve at different stages of the studies the different organized stakeholders (parties directly or indirectly concerned by the mandate) ensuring a balanced participation of all the relevant interest groups in the Consultation Forum, such as industry, including SMEs and hand crafts through their business organizations, trade unions, retailers, importers, environmental protection groups and consumers.

(Amendment 42)

FINANCIAL STATEMENT (9.2), 2nd indent, 9th paragraph

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The operative costs of running the system should take into account the fact that the EEO should meet at least four times per year in plenary sessions. The organization should be assisted by a permanent secretariat constituted at least by a director, an assistant, a communication officer and a secretary.

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The operative costs of running the system should take into account the fact that the

TCEL should meet at least four times per year in plenary sessions. The organization should be assisted by a permanent secretariat provided by the Commission.

(Amendment 44)

FINANCIAL STATEMENT (10.1), 2nd paragraph

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Therefore, after a transitional period, part of the staff presently working on the operation of the eco-label system could be redeployed towards activities related to the promotion and extension of the scheme, as well as monitoring the activities of the new organization, the EEO. Two A officials and one C official will be required in order to follow the revised EU eco-label Regulation.

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Therefore, after a transitional period, part of the staff presently working on the operation of the eco-label system could be redeployed towards activities related to the promotion and extension of the scheme, as well as monitoring the activities of the

committee, the TCEL. Two A officials and one C official will be required in order to follow the revised EU eco-label Regulation.

Legislative resolution embodying Parliament's opinion on the proposal for a Council regulation on a revised Community eco-label award scheme (COM(96)0603 - C4-0157/97 - 96/0312(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(96)0603 - 96/0312(SYN) (( OJ C 114, 12.4.1997, p. 9.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0157/97),

- whereas the legal basis proposed is inadequate; whereas reference should also be made to Article 100a of the Treaty;

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Legal Affairs and Citizens' Rights (A4-0119/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.