COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(91) 37 final 
Brussels, 11 February 1991 
Proposal for a 
ÇQUNCH REGULATION (EEC) 
on a Community award scheme for an Eco-label 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
I. INTRODUCTION 
1. Products subject to mass consumption are a potential source of 
important environmental degradations simply because they are 
manufactured and used in great quantities. The environmental impact 
can occur at all stages of the product's life cycle, i.e. 
manufacturing, distribution, consumption/use and disposal after use. 
2. The need to develop a policy towards "clean" products aimed at 
preventing, reducing and as far as possible eliminating pollution at 
source and ensuring sound management of new materials resources has 
been emphasized in the Fourth European Community Action Programme on 
the Environment (1987-1992)C). In particular, proposals should aim 
"at defining criteria for 'environmentally sound products', i.e. 
products which give rise to little or no waste at the elimination 
stage". 
3. Accordingly, the Commission announced in its communication to the 
Council and the Parliament on a Community Strategy for Waste 
Management^2) the setting up of a Community framework for an award 
scheme for an Eco-label. 
4. The Council of the European Communities, in approving this 
communication in its Resolution on Waste Policy^3), stated that 
priority should be given to prevention or reduction at source, 
particularly by the use of clean products. Therefore, the Council 
invited the Commission to elaborate ecological criteria for products, 
taking into account best available technology not entailing excessive 
cost and including as appropriate the use of recyclable, reusable or 
(1) OJ No C 328, 7.12.1987, p. 1. 
(2) Doc. SEC(89)934, 14.9.1989. 
(3) OJ No C 222, 18.5.1990. 
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biodegradable materials. Furthermore, the Council invited the 
Commission to come forward with a proposal for a Community-wide eco-
labelIing scheme. 
5. The European Parliament has already supported a Community environment 
label for eco-products in its Resolution on waste and landfill 
pol icy(*). 
6. It must be underlined that the award scheme for the Eco-label is 
voluntary with full freedom to apply or not to apply for a label, will 
provide incentives for the conception of products which will, beyond 
preventing the amount or harmfulness of waste, reduce pollution or 
reduce nuisance such as noise or odour. 
7. Furthermore, the Eco-label will respond to the increasing awareness of 
consumers throughout the Community on environmental issues and their 
claim to be guided in deciding upon their purchases. With regard to 
consumers, the award scheme for the Eco-label will complement the 
development of an integral concept of consumer information on both 
product quality and behaviour in the environment. 
8. The Federal Republic of Germany introduced in 1978 the Blue-Angel-
Scheme which has since played an important role in promoting 
environmentally more benign alternatives using market forces. 
Moreover, the Blue-Angel-Scheme plays a leading role in the large 
sector of public procurement. 
9. Several other Member States are currently considering setting up 
environmental label schemes i.e. France, the United Kingdom, the 
Netherlands and Denmark. 
10. The Commission's view is that a plethora of national award schemes for 
Eco-label s would run the risk of fragmenting the Single Market and of 
creating distortion to competition in the Community. Furthermore, the 
setting up of national schemes as the Single Market nears completion 
would threaten the integration process of both economic and consumer 
policy. 
(4) OJ No C 190, 20.7.1987. 
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I I. SITUATION IN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES 
Federal Republic of Germany 
The Federal Republic of Germany was the first country to introduce an 
official award system for an Eco-label and they still remain the only 
country in the Community to have done so. 
The interest in the Blue Angel among manufacturers developed slowly in 
the first years of the existence of the symbol so that after 3 years in 
operation only about 100 products were carrying the symbol and after 6 
years there were 500 products. More recently industrial interest has 
grown along with the growing environmental awareness of German 
consumers. In July 1989, the number of products carrying the Blue 
Angel had risen to 3100 covering 57 product groups. A great majority 
of the products bearing the label are manufactured by German companies. 
Only some 10% of the applications have been made by non-German 
companies despite the lack of restrictions for foreign companies. 
Denmark 
In the spring of 1989, a revised act of law on chemical substances and 
products was passed by the Danish Parliament. A new section of this 
act authorized the Minister of Environment to implement a legal 
environmental label concerning the sale of chemical substances and 
products and articles containing or liberating chemical substances and 
products. 
Under the provisions of this act, the Minister of Environment may 
establish rules for obtaining the right to use the label, the design of 
the label, and whom the Minister requires to administer the scheme. 
In addition to this revision of the act on chemical substances and 
products, the act on the Environment is being revised, and the revised 
edition is expected to contain a section on an environmental label. 
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The Danish initiative is strongly linked to the recent introduction of 
environmental label schemes in other Scandinavian countries, and 
particularly through the cooperation within the Nordic Council. 
France 
The French Council of Ministers decided on 4 January 1989 to develop a 
policy towards the promotion of products which are as environmentally 
friendly as possible. A study group was set up to examine - in 
consultations with other groups concerned - the orientations to be 
followed, in particular encouragement through the "Eco-Product-Award", 
the setting up of a label scheme and fiscal measures. It has been 
underlined in the Interim Report issued by the Group on 27 December 
1989 that all activities undertaken at Community level in this field 
should be taken into account. At the same time, all conclusions 
resulting from the preliminary study carried out in France should be 
presented to the Community partners. 
Pursuant to Article 145 of the Regulation of the National Assembly, the 
"Commission de la Production et des Echanges" presented a report on an 
Eco-label in May 1990 to the National Assembly. This report comes to 
the conclusion that an Eco-label in France should be based on the 
existing certification procedure in creating a NF mark for eco-
products. This mark or label should be operational as soon as 
possible. It would be compatible with the EC-Council Resolution of 
21 December 1989 recommending mutual recognition of agreements in the 
field of testing and certification. 
Ireland 
The Irish Government is currently preparing a Bill on the "Environment 
Protection Agency" including provisions for a national Eco-label system 
which might be integrated into a Community scheme. 
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The Netherlands 
The Dutch Ministries of Housing, Physical Planning and Environmental 
Protection and Economic Affairs have examined the feasibility of 
introducing an Eco-mark in the Netherlands. The initiative was taken 
in the light of the Dutch "National Environmental Policy Plan" of May 
1989 which introduced consumer information on product standards as part 
of environmental policy as well as the possibility of creating an eco-
mark. 
The United Kingdom 
The UK Government has carried out a consultation exercise on an eco-
label on the basis of a discussion paper issued in August 1989. The 
consultation has shown "that there is overwhelming support for an 
official Eco-label scheme operating on a European Community-wide basis" 
as stated in a Press Release issued on 9 January 1990 by the UK 
Department of the Environment. A small advisory group composed of 
individuals with experience and knowledge relevant to the subject is 
currently working on defining details of the scheme and on the 
selection of product categories for priority consideration. 
II I.COMMENTS ON THIS PROPOSAL FOR A REGULATION 
A) GENERAL 
1. The primary objectives of the award scheme for an Eco-label covered by 
this Regulation are to encourage undertakings to produce products 
which are as environmentally friendly as possible and to provide 
consumers with better information on the environmental performance of 
products which they buy and use. The award of an Eco-label to a 
product will be a clear signal to consumers that the product is of high 
environmental quality. Products bearing the label are therefore 
expected to be preferred by consumers, and manufacturers will respond 
to the resultant demand. The Regulation therefore puts in place a 
market mechanism for achieving higher environmental quality. 
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2. The creation of the single market means that goods will be increasingly 
traded between Member States and it is logical that a Community-wide 
award scheme for an Eco-label should be put in place to avoid the 
confusion associated with the development of a plethora of national 
schemes. The Regulation therefore sets up a Community scheme which 
will ensure that uniformly high levels of environmental performance are 
achieved by products bearing the Eco-label. The scheme is voluntary 
and transparent, and designed to be as simple as possible whilst 
achieving a high level of credibility. 
3. The label will be awarded only to those products which meet the general 
and specific criteria established for a product category, in other 
words products which serve similar purposes and which have equivalence 
of use. In establishing these criteria, the European Environment 
Agency will carry out preparatory work in consultation with specialist 
scientific and technical organisations. 
4. Member States must play a major role in the setting up and operation of 
the scheme and this is provided for in the Regulation through the 
establishment by Member States of Competent Bodies which will be 
responsible for proposing product groups for inclusion in the scheme, 
for assessing individual applications for a label and for concluding 
contracts with successful applicants. 
5. The regulation provides for the setting up of a Jury which, on the 
basis of recommendations of the national bodies, shall decide on the 
award of the label to individual products. 
The decisions of the Jury are considered approved by the Commission if 
the Commission does not raise any objection. 
6. In addition it is recognised that a scheme for awarding the Eco-label 
which is based on voluntary application will benefit from the 
participation in the Jury of all interested groups, i-e- industry, 
retailers, consumer organisations, environmentalists, workers 
organisations and media, and a fair balance in the composition of the 
Jury between these various groups should be sought. 
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B) LEGAL BASIS OF THE PROPOSAL 
1. As mentioned above, products subject to mass consumption can contribute 
to important environmental degradations that might occur at all phases 
of the life cycle of the products. The introduction of the Eco-label 
as a mearrs of changing the conception of products, taking fully into 
account the objectives of the scheme, aims at preventing and minimizing 
their environmental impact during the manufacturing process, 
consumption and use as well as during disposal after use. 
2. Existing or future independent Eco-label schemes for 'ecological' 
products might continue to exist. However, care must be taken to avoid 
confusion among these different schemes. 
3. In view of the expected improvements in environmental performance of 
products subject to mass consumption through the market oriented 
instrument and its impact at source, the legal basis for the Regulation 
should be Article 130S of the Treaty. 
4. There are important reasons why this Regulation is proposed instead of 
a Directive. Firstly, a Regulation will be implemented more quickly 
which will enable a Community-wide Eco-label scheme to be established 
at the earliest opportunity. Secondly, a Regulation will be 
implemented at the same time and in the same manner in all Member 
States without any delay or difference resulting from transposition 
into nat ional law. 
C) COMMENTS ON INDIVIDUAL ARTICLES OF THE PROPOSED REGULATION 
Article 1 
1. Article 1 describes the objectives of this Regulation. As already 
covered in A.1 above, these are to encourage business to produce 
products which are as environmentally friendly as possible and to 
provide consumers with better information about the environmental 
performance of products. 
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2. A Community-wide scheme is proposed so that the integrity of the single 
market can be ensured and uniformly high levels of protection for man 
and the environment can be achieved across the Community. 
Article 2 
This Article excludes certain specific product groups from the Scheme, 
such as food, drink and pharmaceuticals, which are governed by other 
regulations. The initial intention is to cover consumer products, that 
is products which consumers in the private or public sectors could 
normally have access to. It is recognised that an Eco-label scheme 
might also be applied to other groups of products and services but any 
extension of the scope of the current proposal would add to the 
complexity of the scheme and should only be considered at a later 
stage. 
The scheme does not include the awarding of a label to packaging in its 
own right because of the potential confusion between the environmental 
performance of the packaging and that of the product itself. However, 
it is envisaged that the packaging of a product will be one of the 
factors taken into account when . evaluating the environmental 
performance of the product as a whole. 
Article 3 
1. Article 3 makes clear that the terms "substance" and "preparation", 
have specific meanings as defined in the Directive 67/548/EEC. 
2. The Article also defines the term "product group" in the context of the 
Eco-label. A product group needs to be carefully defined so that 
products within the same group are seen by the consumer as being true 
alternates. Care must also be taken when defining products within a 
group to ensure that the operation of the scheme does not lead to any 
undue distortions of the market place. 
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3. The establishment of specific criteria will include consideration of 
the phases of the life cycle of products, i.e. manufacturing, 
distribution, consumption and use as well as disposal after use, which 
is the definition of the "cradle-to-grave" approach. 
Article 4 
There are a number of Community provisions relating to the 
classification, packaging and labelling of products, in particular 
dangerous substances and preparations, and this Article makes it clear 
that this Regulation has no effect on the application of these other 
provisions. 
Article 5 
1. Article 5 summarises some of the key points about the definition of a 
product group and points to the procedures for establishing a new 
group. 
2. Formal proposals for new product groups should be made through the 
Competent Bodies in the Member States but it is important that any 
individual, group or organisation in a Member State should be able to 
suggest new groups to the relevant Competent Body. This will help to 
contribute to the openess of the scheme. 
3. In each case, the Competent Body in the Member state in which the 
request originates shall decide if it wishes to forward a request to 
the Commission for the adoption of a product category through the 
Advisory Committee procedure. The request must be accompanied by all 
information necessary for the Committee to examine the request. 
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Article 6 
1. This Article underlines the requirement that, regardless of the 
environmental qualities of a product, it must also comply with all 
applicable health and safety standards if it is to qualify for a label. 
2. It is also clear that products which are manufactured using processes 
which do not conform to existing Community environmental legislation 
should not be awarded a label. 
Article 7 
Article 7 outlines the approach to establishing specific environmental 
criteria for a product group. It is clear that the Eco-label scheme 
must consider the environmental performance of a product during all 
stages of its production, use and disposal. Anything less would not be 
credible. When a product group has been chosen a series of 
environmental criteria need to be established for that product group 
against which individual products can be assessed. All the potential 
environmental impacts at different stages of a normal product's life 
cycle are illustrated in the form of the matrix shown in Annex I. 
This matrix therefore forms a guide when establishing criteria for a 
product group. Judgements need to be taken on the main individual 
environmental impacts for which levels of performance need to be set 
and these must be high enough to ensure a high level of environmental 
protection. Taken together the chosen standards form the agreed 
performance criteria for the product group. 
In establishing criteria, the Commission will address itself to the 
European Environment Agency which, in accordance with the tasks which 
have been conferred on it by the Council regulation (EEC) 1210/90, in 
particular in Article 20^5), will carry out necessary preparatory 
work. 
(5) OJ No L 120, 11.5.1990. 
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4. In setting the criteria recognition must also be taken of the 
feasibility of business meeting the criteria. The scheme is voluntary 
and it must therefore make commercial sense for at least some 
businesses to make the necessary design and/or process changes required 
before the firm has a realistic prospect of being awarded a label. 
5. A further consideration is that products bearing the label must be 
visible and available to the consumer otherwise the scheme will not be 
effective as a market mechanism. This is a complex issue since the 
market penetration of products bearing the label will depend on many 
factors other than the performance criteria which are chosen. 
Nevertheless, when setting criteria, consideration will need to be 
given to this issue. 
6. Applicants for a label need to have the confidence that, if granted, 
the label can be used for a known period of time. The criteria for a 
particular product group will therefore be set for a fixed period which 
may be extended. It is expected that the normal period of validity for 
criteria will be 3 years but this may be varied. For instance, where 
the technology associated with a product is changing rapidly it may be 
desirable to shorten the period of validity. Alternatively, it may be 
appropriate to establish criteria which require an improvement in 
product performance over fixed periods of time. It will clearly be in 
the applicant's interests to apply for a label as soon as possible 
after the criteria are published since this will maximise the time 
during which the applicant can use the label. 
Article 8 
Article 8 draws attention to the procedure for adopting specific 
criteria as defined in Article 9. 
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Article 9 
1. Article 9 describes the operation of the Advisory Committee which 
provides advice on the measures prepared by the Commission. These 
measures include the establishment of new product categories and the 
definition of criteria referred to in Articles 6 and 7. In preparing 
these measures, the Commission will be assisted by independent experts 
on the individual product groups. 
2. The Advisory Committee is established in compliance with Article 2 of 
the Council decision 87/373/EEC. 
Article 10 
1. This Article describes the Eco-label and summarises some of the key 
points covering the award of the label and its use. It is an objective 
of the scheme that the label should achieve a high level of public 
recognition in the Community and signify an official endorsement of the 
environmental performance of the products to which it is awarded. The 
award of a label can be expected to have considerable commercial value 
and so business will be encouraged to design and produce products which 
will be able to qualify for the label. The label represents a market 
mechanism for informing consumer choice and achieving an improvement in 
the quality of the environment by encouraging manufacturers to develop 
products with an improved environmental performance. 
2. Applications for the use of the label must be made to Competent Bodies, 
appointed by the Member States, who are responsible for evaluating 
applications from businesses. The applications must contain all the 
necessary information required to compare the environmental performance 
of the product whith the agreed criteria for the product group. The 
procedure for awarding a label is covered in Articles 12, 13 and 14. 
3. When a label is awarded to an individual product it provides consumers 
with the information that it represents a product of the highest 
environmental quality. At the same time the consumer wishes to know 
the reason why the product is less harmful to the environment. That is 
why the principle reasons for awarding the label will be stated near 
the label. 
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4. The criteria applicable to a product category are adopted at the 
Community level via the Advisory Committee procedure and remain valid 
for a fixed period dependent on the product category. A label may only 
be awarded for a period during which the criteria applicable to the 
product group are valid. 
5. It is clearly Important that the use of the Eco-label should be 
strictly controlled and this is the responsibility of the Competent 
Body in the relevant Member State. 
6. The label must also not be used in a way which might mislead the 
consumer. 
Article 11 
This Article provides for the establishment by Member States of the 
Competent Bodies which will be responsible for handling applications 
for Eco-label s and for concluding contracts for the use of labels once 
the necessary procedures have been followed. The Member State may 
appoint an existing organisation as the Competent Body or may decide 
that a new body needs to be established. 
Article 12 
1. Article 12 describes the process of awarding a label where a product 
group has already been agreed along with the associated criteria. 
2. Manufacturers or importers may only make an application for a label to 
the Competent Body of the Member State in which the product is 
manufactured or into which it is imported into the Community. The 
applicant must provide the Competent Body with all the information 
required to assess the environmental performance of the product. The 
Competent Body is then responsible for comparing the environmental 
performance of the product with the agreed criteria for the appropriate 
product group. The Competent Body can also ask the applicant to provide 
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samples of the product or its components for independent testing. This 
may be important where the Competent Body has doubts about a claim 
being made by an applicant. 
3. The results of all product evaluations should be sent to the Jury for 
decision. 
4. An undertaking may wish to withdraw an application for a label or stop 
using an existing label. In these cases the relevant Competent Body 
should be notified of the reasons for such action. 
Article 13 
1. Article 13 describes the functioning of the Jury which, on the basis of 
proposals submitted by the Competent Bodies, awards the label to 
individual products which best meet the requirements. The Jury is 
nominated by the Council. The composition of the Jury should ensure a 
fair balance between the different interest groups, i.e. industry, 
retailers, consumer organisations, environmentalists, workers 
organisations and the media. 
2. The Jury will establish its own rules of procedure. 
3. The Jury communicates its decisions to the Commission which may raise 
objections within a period of two months if it identifies a clear error 
of judgement or in case of a major violation of procedures. 
In addition an appeal procedure is provided for in this Article. 
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Article 14 
This article describes the tasks of the European Environment Agency which 
fall into two main categories. It operates firstly in carrying out 
preparatory work in establishing specific criteria to be adopted through 
the Advisory Committee procedure. Then, in conjunction with the 
preparatory work, the Agency recommends the form and scope of information 
necessary to evaluate individual applications. In this context it also 
assists the Jury in the execution of its tasks in awarding a label to 
individual products. 
Article 15 
1. Article 15 provides for the Competent Body to draw up contracts for the 
use of the Eco-label. The contract will cover the conditions of use of 
the label including a specification of the period for which the label 
can be used. 
2. It is intended that the Eco-label scheme will be self-financing and 
this will be achieved through the levying of fees for the assessment of 
product applications and for the use of the label. Fees will be 
applied uniformly throughout the Community and will be specified in the 
contract. Care ought to be given that fees are fixed at levels which 
do not discourage small and medium sized enterprises from applying for 
a label. 
Article 16 
This Article deals with the issue of confidentiality of commercial 
information. To evaluate an application for a label all information, 
confidential or not, which is necessary to evaluate the proposal may 
need to be made available to the Competent Bodies, the Environment 
Agency and Jury. Outside these bodies confidentiality of information 
can be maintained subject to a full Justification being given and to 
agreement by the relevant Competent Body. 
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2. An application for a label may be withdrawn at any time if the 
applicant feels unable to comply with the requests for information from 
the Competent Body. 
3. Certain information will need to be made available in all cases 
following the award of a label namely, the name of the product, the 
manufacturer or importer of the product and the reasons for awarding 
the label. 
4. However, all persons involved in the assessment process should not 
disclose any information to which they have gained access through the 
proceedings. 
Article 17 
1. Information about the chosen product groups and associated criteria 
needs to be made widely available and up-dated regularly. Article 17 
provides for this information to be published in the Official Journal. 
Similarly, details of the products awarded labels will also be 
published in the Official Journal. 
2. It is also important that the identity of the Competent Bodies in the 
Member States is well known and their names will therefore be published 
in the Official Journal. 
Article 18 
This Article covers the steps which Member States need to take to 
publicise the Eco-label scheme. The scheme must be made effective 
throughout the Community from the date of the launch. This means that 
before the launch Member States will need to provide business and the 
consumer with information about the objectives of the scheme and the 
way that it will operate. Business in particular will need time to 
assess the implications of the scheme and to prepare proposals for 
products to be included in the scheme. 
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2. Once the scheme has been launched Member States will also need to 
provide consumers with information about the product groups which have 
been selected, the criteria for the product groups and the products 
which have been awarded a label. 
Article 19 
1. It can also be expected that businesses will include a mention of the 
award of a label in their product advertising. Reference to the award 
of a label will need to be closely controlled to avoid misleading the 
consumer. 
2. In particular, any reference to the Eco-label in promotional material 
must only be made once a label has been awarded and then only in the 
context of the specific product for which the label has been awarded. 
Article 20 
This Article highlights the fact that Member States need to put in place 
legal or other measures, if they do not already exist, to prevent 
infringement of the provisions of the Regulation covering the use of the 
Eco-label. The Member States will inform the Commission of these measures. 
Article 21 
Article 21 covers the basic principle that the Award Scheme for Eco-Label 
must not be used as a way of restricting the trade or marketing of products 
within the Community. 
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Article 22 
It is recognised that after a period of time it may be necessary to modify 
the regulation in order to improve the efficiency of the system for 
awarding the Eco-label. Modifications may prove to be necessary in a 
number of areas and this Article anticipates that the Commission will 
possibly propose provisions to this effect on the basis of a review which 
it will carry out at the latest five years after the entry into force of 
the regulation. The provisions will concern in particular the continuation 
of the co-existence of national schemes with the Community scheme as well 
as the field of application. The Commission in accordance with Article 20 
of the Council Regulation 1210/90 may equally propose to transfer the task 
of determining the specific criteria to the European Environmental Agency. 
Article 23 
Member States will need time to implement certain aspects of the Regulation 
and it is proposed that it should come into force 12 months after its 
publicat ion. 
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Proposal for a 
COUNCIL REGULATION CEEC) 
on a Community award scheme for an Eco-label 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 130s thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the Opinion of the Economic and Social Committee, 
Whereas the objectives and principles of the Community's environment 
policy, as set out in the European Community Action Programmes on the 
Environment^), aim, in particular, at preventing, reducing and as far as 
possible eliminating pollution, particularly at source, and ensuring sound 
management of raw materials resources, on the basis also of the 'polluter 
pays' principle; whereas the Fourth European Community Action Programme on 
the Environment (1987-1991)<2) highlights the opportunity to develop a 
policy towards clean products; 
Whereas the Council Resolution of 7 May 1990*3) invited the Commission to 
submit as soon as possible a proposal for a Community-wide Eco-labelIing 
scheme covering the environmental impact during the life cycle of the 
product ; 
Whereas the European Parliament, in its resolution of 19 June 1987 on waste 
and landfill policy*4), supported a Community Environmental Label for eco-
products; 
(1) OJ No C 112, 20.12.1973, p. 1. 
OJ No C 139, 13.6.1977, p. 1. 
OJ No C 46, 17.2.1983, p. 1. 
OJ No C 70, 18.3.1987, p. 3. 
(2) OJ No C 328, 7.12.1987, p. 1. 
(3) OJ No C 122, 18.5.1990, p. 2. 
(4) 0J No C 190, 20.7.1987, p. 154. 
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Whereas there is increased public interest in information about products 
which are environmentally less harmful; whereas at least one Member State 
has already an award scheme for such products and several other Member 
States are considering the setting up of such a scheme; 
Whereas a system to award an Eco-label for environmentally less harmful 
products will highlight more benign alternatives and therefore provide 
consumers and users with guidance; 
Whereas such guidance can best be achieved by establishing uniform criteria 
for the award scheme which apply throughout the Community; whereas existing 
or future independent award schemes can continue to exist for a period of 
five years, and at the end of this period the Commission should reexamine 
this solution in the light of the experience gained; 
Whereas the award scheme should be based on voluntary application; whereas 
such an approach, in relying on the market forces, will also contribute to 
research and development, in particular of less polluting technologies, and 
therefore lead to innovation; 
Whereas uniform application of the criteria and compliance with procedures 
should be ensured throughout the Community; 
Whereas the award scheme for the Eco-label will take into account the 
interests of all groups concerned, industry, commerce, consumers and 
environmentalist, and therefore should provide for involvement of these 
groups in the award procedure to individual products which conform to the 
established criteria; 
Whereas this label should complement other existing or future Community 
labelling systems in particular those giving information on energy 
consumpt ion; 
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Whereas the European Environment Agency should be made responsible for 
certain tasks in connection with the preparation of environmental labels 
and criteria for the award of such labels to products, technologies, goods, 
services and programmes which preserve natural resources, 
HAS ADOPTED THIS REGULATION : 
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CHAPTER I : OBJECTIVES AND FIELD OF APPLICATION 
Article 1 
Objectives 
1. This Regulation establishes a Community award scheme for an Eco-label 
with a view to promoting products which are environmentally less 
harmful, and therefore have an overall environmental impact 
significantly less than that of other products in the same product 
group. 
2. The award scheme is designed to : 
encourage manufacturers to design and produce products which have a 
reduced environmental impact during manufacturing, distribution, 
consumption and use as well as during disposal after use; 
provide consumers with better information on the environmental 
performance of products. 
These environmentally more benign product alternatives should not 
compromise product or workers' safety nor significantly affect the 
fitness for use of the product. 
3. The reduction of environmental impact will be achieved through the 
minimisât ion of : 
use of natural resources and energy resources; 
emissions into air, water and to soil; 
generation of waste and noise; 
and through the maximisation of product life and, where applicable, 
through the use of clean technologies to ensure a high level of 
environmental protection. 
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Article 2 
Field of applIcation 
This Regulation shall not apply to food, drink or pharmaceuticals 
Article 3 
Definitions 
For the purpose of this Regulation: 
(a) 'substance' means chemical elements and their compounds as defined in 
Article 2 of Council Directive 67/548/EEC(5> ; 
(b) 'preparation' means mixtures or solutions as defined in Article 2 of 
Council Directive 88/379/EEC<6>; . 
(c) 'product group' means products which serve similar purposes and which 
have equivalence of use. 
(d) 'cradle to grave' means the life cycle of a product from manufacturing, 
distribution, consumption and use to disposal after use. 
Article 4 
Other Community provisions 
The provisions laid down in this Regulation shall apply without prejudice 
either to other Community provisions relating to the classification, 
packaging and labelling of products or to the provisions laid down in 
Council Directive 83/189/EEC<7). 
(5) OJ No 196, 16.8.1967, p. 1. 
(6) OJ No L 187, 16.7.1988, p. 14. 
(7) OJ No L 109, 26.4.1983, p. 8. 
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CHAPTER 11 : ESTABLISHMENT OF PRODUCT GROUPS AND CRITERIA 
Article 5 
Product groups 
1. Product groups shall be established in accordance with the procedure 
laid down in Article 9. 
2. Each product group shall be defined in such a way as to ensure that all 
competing products which serve similar purposes and which have 
equivalence of use are included in the same group. 
3. General and specific criteria for each product group shall conform to 
the requirements of Articles 6 and 7. 
4. Requests for the establishment of a new product group shall be 
addressed to the Competent Bodies referred to in Article 11. The 
Competent Body shall decide if it wishes to request the Commission to 
submit a proposal to the advisory committee referred to in Article 9. 
Article 6 
General principles 
1. The Eco-label shall only be awarded to products which do not contravene 
Community health, safety and environment requirements. 
2. The Eco-label shall not be awarded to substances and preparations 
classified as dangerous in accordance with Directive 67/548/EEC. Nor 
shall the Eco-label be awarded to products containing a substance or 
preparation classified as dangerous in accordance with the said 
Directive and likely to harm man and/or the environment. 
3. The Eco-label shall only be conferred on products manufactured by a 
process which do not contravene Community environmental legislation 
and is unlikely to harm significantly man and/or the environment. 
- 26 -
4. The Eco-label shall be awarded to products which meet the objectives 
set out in Article 1 and represent a "state of the art" approach in 
contributing to an improvement in the quality of the environment. 
Article 7 
Elaboration of specific criteria 
Specific environmental criteria for each product group shall be 
established using a "cradle to grave" approach including consideration 
of the objectives set out in Article 1. The criteria shall be 
established by reference to the matrix format shown in Annex I, shall 
be based on the use of clean technologies where applicable and shall 
ensure a high level of environmental protection. 
The European Environment Agency, hereinafter referred to as the 
"Agency", shall undertake, at the request of the Commission, 
preparatory work of a scientific and technical nature necessary for the 
establishment of criteria. 
Article 8 
Adoption of the specific criteria 
Without prejudice to Article 22, the specific environmental criteria 
referred to in Article 7 for each product group shall be adopted by the 
Commission in accordance with the procedure laid down in Article 9. 
Article 9 
Advisory Committee 
1. 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. 
- 27 -
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. 
The opinion shall be recorded in the minutes; in addition, each Member 
State shall have the right to ask to have its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered 
by the committee. It shall inform the committee of the manner in which 
its opinion has been taken into account. 
2. The Commission may consult the committee on any matter related to the 
operation of the award scheme for an Eco-label. 
CHAPTER I I 1 : AWARD OF AN ECO-LABEL TO INDIVIDUAL PRODUCTS 
Article 10 
The Eco-label 
1. To achieve the objectives set out in Article 1, the Eco-label, 
illustrated in Annex II, shall be awarded to products best fulfilling 
the requirements of Articles 6 and 7. 
2. Applications for the use of the label shall be made in accordance with 
the procedures set out in Article 12. 
The decision to award a label to individual products amongst those 
which best fulfill the criteria referred to in Articles 6 and 7 shall 
be taken by the Jury established under Article 13. 
3. The main reasons for granting the Eco-label shall be mentioned, if 
possible, in or near the label in code form and shall form an integral 
part of the label. The code shall be adopted in accordance with the 
procedure set out in Article 9. 
- 28 -
4. The label shall be awarded for a fixed period of time, dependent on the 
period of validity of the criteria, which may be altered where 
necessary after review. 
5. The Eco-label shall not be used under any circumstances before a 
contract on the conditions of use has been concluded with the Competent 
Body to which the product application was submitted. 
6. The Eco-label shall not be used in a manner likely to mislead the 
consumer. 
Article 11 
Designation of Competent Bodies 
Each Member State shall designate the body or bodies, hereinafter referred 
to as the "Competent Body", responsible for carrying out the tasks detailed 
in Article 12 and inform the Commission thereof. The Competent Body shall 
be independent from industrial or commercial interests. 
Article 12 
Requests for award of an Eco-label 
1. Manufacturers or importers may apply for award of a label to the 
Competent Body in the Member State in which the product is manufactured 
or into which the product is imported. 
The Competent Body shall assess the environmental performance of the 
product by reference to the agreed general principles and specific 
performance criteria for the product group. 
2. The Competent Body may also request that applicants for a label submit 
all or part of the product for testing. 
3. After the product assessment the Competent Body shall decide if a 
request for the award of a label shall be submitted to the Jury 
provided for in Article 13. 
- 29 -
4. If an application for a label is rejected the Competent Body shall 
advise the applicant of the reasons for rejection. 
Member States shall'provide for an appeal procedure in such cases. 
5. An undertaking may withdraw an application for a new label, or cease to 
use an existing label, after notifying the Competent Body. 
Article 13 
Th$ Jury 
A Jury is hereby established for the award of labels to individual products 
amongst those which best meet the requirements of Articles 6 and 7. 
1. The Jury shall consist of 18 full members, there being for each Member 
State one representative and one representative of the following 
interest groups : 
industry 
commerce 
consumer organisations 
environmental organisations 
workers organisations 
media. 
2. An alternate member shall be appointed for each full member. 
3. Full members and alternate members of the Jury shall be nominated by 
the Council on the basis of : 
a proposal from the Member States for the representatives of Member 
States 
a proposal from the Commission for the representative of the 
interest groups. 
The Council in nominating the members of the Jury shall endeavour to 
achieve a fair balance in the composition of the Jury between the 
various interest groups. 
- 30 -
4. The list of the members and the alternate members shall be published in 
the Official Journal of the European Communities for information 
purposes. 
5. The term of office of full members and alternate members shall be three 
years. Their appointments shall be renewable. 
6. On expiry of their term of office, the full members and alternate 
members shall remain in office until they are replaced or their 
appointments are renewed. 
7. A member's term of office shall end before the expiry of the three year 
period with his resignation or following a communication from the 
Member State concerned indicating that the term of office is 
terminated. 
For the remainder of the term of office, a member shall be replaced in 
accordance with the procedure laid down in paragraph 3. 
8. The Jury shall elect a chairman and an alternate and adopt its rules of 
procedure. 
9. The Jury shall take all decisions on the basis of a two-thirds majority 
of the members. 
10. In considering the proposals from the Competent Bodies the Jury shall, 
in awarding labels, select those products which best meet the 
requirements set out in Articles 6 and 7. 
11. If the Jury decides not to award the label to an individual product, 
the reasons for the rejection shall be stated. 
12. The Jury shall communicate its reasoned decisions to the applicants and 
to the Commission. The Commission shall publish them in the Official 
Journal of the European Communities to enable all interested parties to 
make their comments. 
- 31 -
The Commission may of its own initiative raise an objection to such 
decisions, within a period of two months, if it identifies a manifest 
error of Judgement or in case of major violation of procedures. In 
this case it shall return the matter to the Jury for reconsideration. 
Furthermore, any person for whom the decision of the Jury constitutes a 
grievance may within a period of 30 days from publication of the 
decision in the Official Journal notify the Commission of a request to 
revise the decision on grounds of manifest error or major violation of 
procedures. The Commission shall examine this request in the framework 
of the appeal procedure laid down in the second subparagraph. The 
Commission shall return the case to the Jury for reconsideration if it 
considers that the request should be accepted and shall inform the 
applicant accordingly. If the request cannot be accepted the 
Commission shall notify the applicant of the decision to reject the 
request. 
The decision of the Jury shall be considered approved by the 
Commission if the latter has not made any objection within the two-
month period. 
Article 14 
The European Environment Agency 
1. The Agency shall undertake, in consultation with appropriate 
specialized scientific and technical bodies, preparatory work necessary 
for the establishment of the specific criteria as laid down in 
Article 7(2). 
2. The Agency, in cooperation with the Competent Bodies, shall provide 
suggestions on the format and scope of the information to be provided 
to the Competent Body by an applicant as set out in Article 12(1) and 
on the procedures to be followed by Competent Bodies when evaluating 
and transmitting the request for an Eco-label. 
3. The Agency shall assist the Jury in carrying out its tasks. 
- 32 T 
Article 15 
Terms of use 
1. The Competent Body shall issue contracts for the terms of use of the 
label. 
2. The terms and conditions of the use for the label shall include the fee 
to be paid by the applicant for the use of the label. This fee should 
be set at a level to cover all the reasonable costs incurred by the 
Competent Body and the Jury. 
These terms of use shall also include provisions for withdrawing the 
authorisation to use the label. 
3. The duration of the authorisation for the use of the label shall not 
exceed the period of validity of the criteria for the product group. 
CHAPTER IV : OTHER PROVISIONS 
Article 16 
Confidentiality 
1. If the manufacturer or Importer considers the information obtained in 
pursuance of Article 12 to be confidential, commercially sensitive and, 
if released, likely to cause his business industrial or commercial 
harm, the applicant for a label may indicate what specific details of 
the information should be kept secret from all other persons other than 
the Competent Bodies, the Members of the Jury and the Commission. Full 
justification must be given in such cases. 
2. The Competent Body receiving the application shall decide which 
information should be kept secret and inform the applicant for the 
label. 
- 33 -
3. In all cases, the following information shall be made available : 
the name of the product; 
the manufacturer or importer of the product; 
the reasons and relevant information for awarding or refusing the 
label. 
4. Competent Bodies and the Jury members shall be required not to disclose 
information to which they have gained access through the proceedings. 
Article 17 
Pub 11cat ion 
1. The Commission shall publish the product groups and the associated 
specific criteria in the Official Journal of the European Communities. 
2. The Commission shall also ensure that the list of products for which 
an Eco-label has been granted and the name of the relevant 
manufacturers or importers is published. 
3. The Commission shall also publish the names of the Competent Bodies in 
the Off icial Journal. 
Article 18 
Information 
Member States shall ensure that consumers and undertakings are informed 
about the fol lowing : 
(a) the objectives of the Community Award Scheme for an Eco-label; 
(b) product groups which have been selected; 
(c) the general and specific criteria for product groups; 
(d) the products which have been awarded an Eco-label; 
(c) the procedures for applying for a label; 
(f) the Competent Body in the Member State. 
- 34 -
Article 19 
Advertising 
1. References to the Eco-label in advertising shall only be made once a 
label has been granted and only in relation to the specific product for 
which the label has been granted. 
2. Any advertising or labelling which might lead to confusion with the 
Eco-label shall be prohibited. 
Article 20 
Implementation 
Member States shall inform the Commission on measures they have taken to 
ensure compliance with this Regulation. 
Article 21 
Free circulation within the Communities 
The fact that an Eco-label has been awarded or refused to a product shall 
not impede, prohibit or restrict the marketing of this product. 
Article 22 
Revision 
Not later than 5 years after the entry into force of this Regulation the 
Commission shall review the scheme in the light of experience gained during 
its operation, and in particular 
whether it is appropriate that national systems should continue to 
exist alongside the Community system 
the field of application of the scheme as laid down in Article 2. 
- 35 -
The Commission shall, if necessary, propose modifications to this 
Régulât ion. 
In its proposals presented in accordance with Article 20 of Council 
Regulation 1210/90^8^ and not later than five years after the entry into 
force of this Regulation, the Commission shall propose the transfer to the 
Agency of the task of determining the specific criteria referred to in 
Art icle 8. 
Article 23 
Entry into force 
This Regulation shall enter into force on 1 October 1991. 
It shall apply from 1 October 1992. 
This Regulation shall be binding in its entirety and directly applicable in 
a I I Member States. 
Done at Brussels, For the Council 
(8) OJ No L 120, 11.5.1990, p. 1. 
- 36 -
ANNEX I 
ASSESSMENT MATRIX 
Product 1Ife cycle 
Environmental fields 
Waste relevance 
Sol 1 pollut ion and 
dégradât ion 
Water contamination 
Air contamination 
Noise 
Consumption of energy 
Consumption of natural 
resources Product Ion DlstrIbut ion Uti1izatlon Disposal 
For a simplified model the following criteria are suggested : 
0 almost none, negllble pollution-, "moderate pollution-, 
••considerable pollution 
- 37 -
ANNEX H 

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COM(91) 37 final 
DOCUMENTS 
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