Common Position (EC) No 6/2000 of 11 November 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on a revised Community eco-label award scheme
Date: 1999-11-11
Institutions: Council of the European Union
Subjects: European symbol, eco-label, ecology, environmental protection, quality label, quality of the environment

28.1.2000

EN

Official Journal of the European Communities

C 25/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 6/2000

adopted by the Council on 11 November 1999

with a view to adopting Regulation (EC) No .../2000 of the European Parliament and of the
Council of ... on a revised Community eco-label award scheme

(2000/C 25/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity and in particular Article 175(1) thereof,

(2) Article 18 of Regulation (EEC) No 880/92 provides that
within five years from its entry into force the Commission
should review the scheme in the light of the experience
gained during its operation and should propose any
appropriate amendments to the Regulation;

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

the aims of Council Regulation (EEC) No 880/92 of
23 March 1992 on a Community eco-label award
scheme (4) were to establish a voluntary Community
eco-label scheme intended to promote products with a
reduced environmental
impact during their entire life
cycle and to provide consumers with accurate, non-
deceptive and scientifically-based information on the
environmental impact of products;

(1) OJ C 114 , 12.4.1997, p. 9, and OJ C 64, 6.3.1999, p. 14.
(2) OJ C 296, 29.9.1997, p. 77.
(3) Opinion of the European Parliament of 13 May 1998 (OJ C 167,
1.6.1998, p. 118), Council common position of 11 November
1999 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(4) OJ L 99, 11.4.1992, p. 1.

(3)

(4)

(5)

(6)

the experience gained during the implementation of the
Regulation has shown the need to amend the scheme in
order to increase its effectiveness, improve its planning
and streamline its operation;

the basic aims for a voluntary and selective Community
eco-label award scheme are still valid; in particular such
an award scheme should provide guidance to consumers
on products with a potential for reducing environmental
impact when viewed through its entire life cycle, and
should provide information on the environmental charac-
teristics of labelled products;

for the acceptance by the general public of the Com-
munity eco-label award system it is essential that environ-
mental NGO’s and consumer organisations play an
important role in the development and setting of criteria
for Community eco-labels;

it is necessary to explain to consumers that the eco-label
represents those products which have the potential
to reduce certain negative environmental
impacts, as
compared with other products in the same product
group, without prejudice to regulatory requirements
applicable to products at a Community or at a national
level;

C 25/2

EN

Official Journal of the European Communities

28.1.2000

(7)

(8)

the scope of the scheme should include products and
environmental factors which are of interest from the
point of view both of the internal market and of the
environment; for the purpose of this Regulation, products
should also include services;

the procedural and methodological approach for setting
eco-label criteria should be updated in the light of
scientific and technical progress and of the experience
gained in this area, to ensure consistency with relevant
internationally recognised standards which are evolving
in this area;

(9)

the principles for establishing the selectivity level of
the eco-label should be clarified, in order to facilitate
consistent and effective implementation of the Scheme;

(10) the eco-label should include simple, accurate, non-
deceptive and scientifically based information on the key
environmental aspects which are considered in the award
in order to enable consumers to make
of the label,
informed choices;

(11) in the various stages of the award of an eco-label, efforts
must be made to ensure the efficient use of resources and
a high level of environmental protection;

(12) 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;

(13) the eco-label scheme should in the long term be mainly
self-financing; financial contributions from the Member
States should not increase;

(14) it is necessary to assign the task of contributing to setting
and reviewing eco-label criteria as well as assessment and
verification requirements to an appropriate body, the
European Union Eco-Labelling Board (EUEB), in order to
achieve an efficient and neutral implementation of the
scheme; the EUEB should be composed of the competent
bodies already designated by the Member States under
Article 9 of Regulation (EEC) No 880/92, and of a
consultation forum which should provide for a balanced
participation of all relevant interested parties;

schemes such as those established by Council Directive
92/75/EEC of 22 September 1992 on the indication
by labelling and standard product information of the
consumption of energy and other resources by household
appliances (1)
(EEC)
No 2092/91 of 24 June 1991 on organic production of
agricultural products and indications referring thereto on
agricultural products and foodstuffs (2);

by Council Regulation

and

(16) while existing as well as new eco-label schemes in the
Member States may continue to exist, provision should
be made to ensure coordination between the Community
eco-label and other eco-label schemes in the Community,
in order to promote the common objectives of sustainable
consumption;

(17) it is necessary to guarantee transparency in the implemen-
tation of the scheme and to ensure consistency with
relevant
international standards in order to facilitate
access to, and participation in, the scheme by manufac-
turers and exporters of countries outside the Community;

(18) since the measures necessary for implementing this
Regulation are measures of a general scope within the
meaning of Article 2 of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred to the Com-
mission (3), such measures should be adopted in accord-
ance with the regulatory procedure provided for in
Article 5 of that Decision;

(19) Regulation (EEC) No 880/92 should be replaced by this
Regulation in order to introduce in the most effective
way the necessary revised provisions for the reasons
mentioned above, while appropriate transitional pro-
visions ensure continuity and smooth transition between
the two Regulations,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives and Principles

1.
The objective of the Community eco-label award scheme
(hereinafter referred to as the ‘scheme’) is to promote products
which have the potential to reduce negative environmental
impacts, as compared with the other products in the same
product group,
thus contributing to the efficient use of
resources and a high level of environmental protection. This
objective shall be pursued through the provision of guidance
and accurate, non-deceptive and scientifically based infor-
mation to consumers on such products.

(15) it is necessary to ensure that the Community eco-label
award scheme is consistent and coordinated with the
priorities of the Community environmental policy and
with other Community labelling or quality-certification

(1) OJ L 297, 13.10.1992, p. 16.
(2) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by
Regulation (EC) No 1804/1999 (OJ L 222, 24.8.1999, p. 1).

(3) OJ L 184, 17.7.1999, p. 23.

28.1.2000

EN

Official Journal of the European Communities

C 25/3

For the purpose of this Regulation:

— the term ‘product’ is taken to include any goods or services,

— the term ‘consumer’

is taken to include professional

purchasers.

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

3.
Participation in the scheme shall be without prejudice to
environmental or other regulatory requirements of Com-
munity or national law applicable to the various life stages of
goods, and where appropriate to a service.

The implementation of the scheme shall comply with
4.
the provisions of the Treaties, including the precautionary
principle, with the instruments adopted pursuant thereto and
the Community environmental policy, as specified in the
Community programme of policy and action in relation to
the environment and sustainable development fifth action
programme established by the Resolution of 1 February
1993 (1), and shall be coordinated with other labelling or
quality certification arrangements as well as schemes such
in particular, the Community energy labelling scheme
as,
established by Directive 92/75/EEC and the organic agriculture
scheme established by Regulation (EEC) No 2092/91.

Article 2

Scope

1.
The Community eco-label may be awarded to products
available in the Community which comply with the essential
environmental requirements referred to in Article 3 and the
eco-label criteria referred to in Article 4. The eco-label criteria
shall be set out by product group.

‘Product group’ means any goods or services which serve
similar purposes and are equivalent in terms of use and
consumer perception.

In order to be included in this scheme, a product group

2.
must fulfil the following conditions:

(a)

it shall represent a significant volume of sales and trade in
the internal marked;

(b) it shall involve, at one or more stages of the product’s life,
a significant environmental impact on a global or regional
scale and/or of a general nature;

(1) OJ C 138, 17.5.1993, p. 1.

(c)

it shall present a significant potential for effecting environ-
mental improvements through consumer choice as well as
an incentive to manufacturers or service providers to seek
a competitive advantage by offering products which qualify
for the eco-label; and

(d) a significant part of its sales volume shall be sold for final

consumption or use.

3.
A product group may be subdivided into sub-groups,
with a corresponding adaptation of eco-label criteria, when
this is required by the characteristics of the products and with
a view to ensuring the optimal potential of the eco-label for
effecting environmental improvements.

The eco-label criteria related to the various sub-groups of a
single product group, covered by the same criteria document,
published in accordance with Article 6(5), shall become appli-
cable at the same time.

4.
The eco-label may not be awarded to substances or
toxic, dangerous to
preparations classified as very toxic,
the environment, carcinogenic, toxic for reproduction, or
mutagenic in accordance with Council Directive 67/548/
EEC (2) or Directive 1999/45/EC of the European Parliament
and of the Council (3) nor to goods manufactured by processes
which are likely to significantly harm man and/or the environ-
ment, or in their normal application could be harmful to the
consumer.

5.
This Regulation shall not apply to food, drink, pharma-
ceuticals nor to medical devices as defined by Council Directive
93/42/EEC (4), which devices are intended only for professional
use or to be prescribed or supervised by medical professionals.

Article 3

Environmental requirements

The eco-label may be awarded to a product possessing
1.
characteristics which enable it to contribute significantly to
improvements in relation to key environmental aspects, which
are linked to the objectives and principles set out in Article 1.
These environmental aspects shall be identified in the light of
the indicative assessment matrix in Annex I and shall meet the
methodological requirements set out in Annex II.

(2) OJ L 196, 16.8.1967, p. 1. Directive as last amended by Directive
1999/33/EC of the European Parliament and of the Council (OJ
L 199, 30.7.1999, p. 57).
(3) OJ L 200, 30.7.1999, p. 1.
(4) OJ L 169, 12.7.1993, p. 1. Directive as amended by Directive
98/79/EC of the European Parliament and of the Council (OJ
L 331, 7.12.1998, p. 1).

C 25/4

EN

Official Journal of the European Communities

28.1.2000

2.

The following provisions shall apply:

(a)

in evaluating the comparative improvements, consider-
ation shall be given to the net environmental balance
between the environmental benefits and burdens, including
health and safety aspects, associated with the adaptations
throughout the various life stages of the products being
considered. The evaluation shall also take into account the
possible environmental benefits related to the utilisation
of the products considered;

(b) the key environmental aspects shall be determined by
identifying the categories of environmental impact where
the product under examination provides the most signifi-
cant contribution from a life cycle perspective, and among
such aspects the ones for which a significant potential for
improvement exists;

(c) the preproduction stage of the life cycle of goods includes
extraction or the production and processing of raw
material and energy production. Those aspects shall be
taken into account, as far as is technically feasible.

Article 4

Eco-label criteria and assessment and verification require-
ments

1.
Specific eco-label criteria shall be established according
to product groups. These criteria will set out the requirements
for each of the key environmental aspects mentioned in
Article 3, which a product must fulfil in order to be considered
for the award of an eco-label, including requirements relating
to the product’s fitness in meeting the needs of the consumers.

The criteria shall seek to ensure a selectivity basis on the

2.
following principles:

(a) the product’s prospects of market penetration in the
Community shall, during the period of validity of the
criteria, be sufficient to effect environmental improvements
through consumer choice;

(b) the selectivity of the criteria shall take into account the
technical and economic feasibility of adaptations needed
to comply with them within a reasonable period of time;

3.
Requirements for assessing the compliance of specific
products with the eco-label criteria and for verifying the
referred to in
conditions for
Article 9(1), shall be established for each product group
together with the eco-label criteria.

the eco-label

the use of

The period of validity of the criteria, and the assessment
4.
and verification requirements, shall be specified within each
set of eco-label criteria for each product group.

The review of the eco-label criteria as well as of the assessment
and verification requirements related to the criteria shall take
place in due time before the end of the period of validity of
the criteria specified for each product group and shall result in
a proposal for prolongation, withdrawal or revision.

Article 5

Working plan

In accordance with the objectives and principles set out in
Article 1, a Communicty eco-label working plan shall be
established by the Commission within one year from the entry
into force of this Regulation, following prior consultation of
the European Union Eco-Labelling Board, hereafter referred to
as the ‘EUEB’, provided for in Article 13, in accordance with
the procedure laid down in Article 17. The working plan shall
include a strategy for the development of the scheme, which
should set out for the subsequent three years:

— objectives for the environmental

improvement and the
market penetration which the scheme will seek to achieve,

— a non-exhaustive list of product groups which will be

considered as priorities for Community action,

— plans for coordination and cooperation between the
scheme and other eco-label award schemes in Member
States.

the
The working plan shall also provide measures for
implementation of the strategy and shall include the planned
financing of the scheme.

It shall also outline the services to which the scheme is not
applicable, taking into account Regulation (EC) No ..../1999 of
the European Parliament and of the Council allowing voluntary
participation by organisations
eco-
management and audit system (EMAS) (1)

in a Community

The working plan shall be reviewed periodically.

(c) the selectivity of the criteria shall be determined with a view
to achieving the maximum potential for environmental
improvement.

(1) OJ L ...

28.1.2000

EN

Official Journal of the European Communities

C 25/5

Article 6

Article 7

Procedures for the setting of eco-label criteria

Awarding the eco-label

The conditions for awarding the eco-label shall be

1.
defined according to product group.

The specific ecological criteria for each product group and
their respective periods of validity shall be established in
accordance with the procedure laid down in Article 17 follow-
ing consultation of the EUEB.

2.
The Commission shall begin the procedure on its own
initiative or at the request of the EUEB. It shall give mandates
to the EUEB to develop and periodically review the eco-label
criteria as well as the assessment and verification requirements
related to those criteria, applying to the product groups
coming within the scope of this Regulation. A deadline for
completion of work shall be provided in the mandate.

1.
Applications for the eco-label may be submitted by
traders and
manufacturers,
retailers. The two last named may submit applications only in
respect of products placed on the market under their own
brand names.

service providers,

importers,

2.
The application may refer to a product placed 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 shall however be informed about significant
modifications.

The application shall be presented to a competent body

3.
in accordance with the following:

The Commission shall, when drafting the mandate, take due
account of:

(a) where a product originates in a single Member State, the
application shall be presented to the competent body of
that Member State;

— the working plan laid down in Article 5,

— the methodological requirements referred to in Annex II.

3.
On the basis of the mandate the EUEB shall draft the
eco-label criteria in respect of the product group and the
assessment and verification requirements related to those
criteria, as outlined in Article 4 and Annex IV, by taking into
account the results of feasibility and market studies, life cycle
considerations and the improvement analysis referred to in
Annex II.

4.
The Commission shall be informed of the draft criteria
referred to in paragraph 3 and shall decide whether the
mandate:

(b) where a product originates in the same form in several
Member States, the application may be presented to a
competent body in one those Member States. In such
in assessing the
cases the competent body concerned,
application, shall consult the competent bodies in those
other Member States;

(c) where a product originates outside the Community, the
application may be presented to a competent body in any
one of the Member States in which the product is to be or
has been placed on the market.

The decision to award the label shall be taken by the

4.
competent body receiving the application, after:

(a) verifying that

the product complies with the criteria

published under Article 6(5);

— has been fulfilled and the draft criteria can be submitted to
the regulatory committee in accordance with Article 17,
or

(b) verifying that the application conforms with the assess-

ment and verification requirements; and

— has not been fulfilled and in that event the EUEB shall

continue its work on the draft criteria.

(c) consulting competent bodies where necessary under para-

graph 3.

The Commission shall publish the eco-label criteria,
in the Official Journal of the European

5.
and updates thereof,
Communities (L series).

5. Where eco-label criteria require production facilities to
meet certain requirements they shall be met in all facilities
where the product is manufactured.

C 25/6

EN

Official Journal of the European Communities

28.1.2000

6.
Competent bodies shall recognise tests and verifications
performed by bodies which are accredited under the standards
of EN 45000 series or equivalent international standards.
Competent bodies shall collaborate in order to ensure the
effective and consistent implementation of the assessment and
verification procedures.

Article 8

The eco-label

The form of the eco-label shall be in accordance with Annex III.
Specifications for the environmental information relevant to
each product group and for the presentation of that infor-
mation on the eco-label shall be included in the criteria set
under Article 6. In each case the information shall be clear and
comprehensible.

The Commission shall consult national consumer associations
represented in the Consumer Committee established by Com-
mission Decision 95/260/EC (1), before (*), in order to assess
how effectively the eco-label and the additional information
meets the information needs of consumers. On the basis
of
introduce any
appropriate modifications as regards the information to be
included in the eco-label, in accordance with the procedure set
out in Article 17.

the Commission shall

this assessment,

Article 9

Terms of use

The competent body shall conclude a contract with the
1.
applicant for an eco-label, covering the terms of use of the
label. These shall
include provisions for withdrawing the
autorisation to use the label. The autorisation shall be recon-
sidered and the contract revised or terminated, as appropriate,
following any revision of the eco-label criteria applicable to a
given product. This contract shall state that participation in
the scheme shall be without prejudice to environmental or
other regulatory requirements of Community or national law
applicable to the various life stages of goods, and where
appropriate to a service.

To facilitate this, a standard contract shall be adopted in
accordance with the procedure laid down in Article 17.

2.
The eco-label may not be used, and references to the
eco-label in advertising may not be made, until a label has
been awarded and then only in relation to the specific product
for which it has been awarded.

Any false or misleading advertising or the use of any label or
logo which may lead to confusion with the Community
eco-label as introduced by this Regulation is prohibited.

Article 10

Promotion of the eco-label

Member States and the the Commission shall, in cooperation
with the members of the EUEB, promote the use of the
Community eco-label by awareness-raising actions and infor-
mation campaigns for consumers, producers, traders, retailers
and the general public, thus supporting the development of
the scheme.

In order to encourage the use of eco-labelled products the
Commission and other institutions of the Community, as well
as other public authorities at national level should, without
prejudice to Community law, set an example when specifying
their requirements for products.

Article 11

Other eco-label schemes in the Member States

The Commission and the Member States shall act in order to
ensure the necessary coordination between this Community
scheme and national schemes in the Member States,
in
particular, in the selection of product groups as well as in the
development and revision of criteria at Community and
national level. For this purpose cooperation and coordination
measures shall be established according to the procedure laid
down in Article 17, including, inter alia, those envisaged in the
working plan produced in accordance with Article 5.

In this respect, existing as well as new eco-label schemes in the
Member States may continue to co exist with the scheme.

Article 12

Costs and fees

Every application for the award of an eco-label shall be subject
to payment of a fee relating to the costs of processing the
application.

The use of the eco-label shall entail payment of an annual fee
by the applicant.

(1) OJ L 162, 13.7.1995, p. 37.
(*) Five years after the entry into force of this Regulation.

The level of application and annual fees shall be established in
accordance with Annex V and under the procedure laid down
in Article 17.

28.1.2000

EN

Official Journal of the European Communities

C 25/7

Article 13

Article 16

European Union Eco-Labelling Board

Adaptation to technical progress

The Commission shall establish a European Union Eco-
Labelling Board (EUEB) consisting of the competent bodies
mentioned in Article 14 and of the consultation forum referred
to in Article 15. The EUEB shall in particular contribute to the
setting and review of eco-label criteria as well as the assessment
and verification requirements in accordance with Article 6.

The rules of procedure of the EUEB shall be established by the
Commission in accordance with the procedure laid down in
Article 17 and taking into account the procedural principles
set out in Annex IV.

Article 14

Competent bodies

Each Member State shall ensure that the body or bodies
1.
(hereinafter referred to as the ‘competent body’ or ‘competent
bodies’), responsible for carrying out the tasks provided for in
this Regulation, is/are designated and 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.

2. Member States shall ensure that:

(a) the composition of the competent bodies is such as to

guarantee their independence and neutrality;

(b) the rules of procedure of the competent bodies ensure, at
national level, the involvement of all interested parties and
an appropriate level of transprency;

(c) the competent bodies shall apply correctly the provisions

of this Regulation.

Article 15

Consultation forum

The Commission shall ensure that in the conduct of its
activities the EUEB observes, in respect of each product group,
a balanced participation of all relevant
interested parties
concerned with that product group such as industry and
service providers, including SMEs, crafts and their business
organisations,
importers,
environmental protection groups and consumer organisations.
These parties shall meet in a consultation forum. The rules of
procedure of the forum shall be established by the Commission
in accordance with the procedure laid down under Article 17.

trade unions,

retailers,

traders,

The Annexes to this Regulation may be adapted to technical
progress including progress in the relevant
international
standardisation activities, in accordance with the procedure
laid down in Article 17.

Article 17

Regulatory committee

The Commission shall be assisted by a regulatory

1.
committee.

2. Where reference is made to this Article, the regulatory
procedure provided for in Article 5 of Decision 1999/468/EC
shall apply, in compliance with the provisions of Article 8
thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be fixed at three months.

Article 18

Infringements

Member States shall take appropriate legal or administrative
measures in case of non-compliance with the provisions of
this Regulation and communicate these measures to the
Commission.

Article 19

Transitional provisions

Regulation (EEC) No 880/92 is hereby repealed. However,
it shall continue to apply to contracts concluded under
Article 12(1) thereof. The Decisions based upon Regulation
(EEC) No 880/92 remain in force until they are revised or have
expired.

Article 20

Revision

Before ... (*), the Commission shall review the scheme in the
light of the experience gained during its operation.

The Commission shall propose any appropriate amendments
to this Regulation.

(*) Five years after the entry into force of this Regulation.

C 25/8

EN

Official Journal of the European Communities

28.1.2000

Article 21

It shall be binding in its entirety and directly applicable in all
Member States.

Final provisions

Done at ..., ...

This Regulation shall enter into force on the third day
following the date of its publication in the Official Journal of the
European Communities.

For the European Parliament

For the Council

The President

The president

28.1.2000

EN

Official Journal of the European Communities

C 25/9

ANNEX I

INDICATIVE ASSESSMENT MATRIX

Life cycle of products

Environmental aspects

Preproduc-
tion/raw
materials

Production

Goods

Distribution
(including
packaging)

Services

Use

Reuse/
recycling/
disposal

Acquisition
of goods
for service
performance

Service

Waste

performance management

Air quality

Water quality

Soil protection

Waste reduction

Energy savings

Natural resource management

Global warning prevention

Ozone layer protection

Environmental safety

Noise

Biodiversity

C 25/10

EN

Official Journal of the European Communities

28.1.2000

ANNEX II

METHODOLOGICAL REQUIREMENTS FOR SETTING ECO-LABEL CRITERIA

Introduction

The process of identifying and selecting the key environmental aspects as well as setting the eco-label criteria will
include the following steps:

— feasibility and market study,

— life cycle considerations,

— improvement analysis,

— proposal of the criteria.

Feasibility and market study

The feasibility and market study will consider the various types of product groups in question on the Community
market, the quantities produced or provided, imported and sold, and the structure of the market in the Member
States. Internal and external trade will also be considered.

Consumer perception, functional differences between types of products and the need for identifying subgroups will
be assessed.

Life cycle considerations (LCC)

Key environmental aspects for which criteria will need to be developed will defined through the use of life cycle
considerations, and will be performed in accordance with internationally recognised methods and standards. The
principles laid down in EN ISO 14040 and ISO 14024 will be duly taken into account, where appropriate.

Improvement analysis

The improvement considerations will take into account in particular the following aspects:

— the theoretical potential for environmental improvement in conjunction with possible changes induced in the

market structures. This will be based on the improvement assessment from life cycle considerations,

— the technical, industrial and economic feasibility and market modifications,

— consumer attitudes, perceptions and preferences, which may influence the effectiveness of the eco-label.

Proposal of the criteria

The final ecological criteria proposal will take into account the relevant environmental aspects related to the product
group.

28.1.2000

EN

Official Journal of the European Communities

C 25/11

ANNEX III

DESCRIPTION OF THE ECO-LABEL

Shape of the eco-label

The eco-label will be awarded to products which comply with the criteria, for all the selected key environmental
aspects. It will include information for consumers in accordance with Article 8 and to the following scheme.

The label consists of two parts: box 1 and box 2, as follows:

EUROPEAN UNION ECO-LABEL

*

*

*

Awarded to goods or services which meet the environmental
requirements of the EU eco-labelling scheme

Licence registration number:

Box 1

Box 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:

*

*

*

low air pollution

energy efficient

reduced toxicity

C 25/12

EN

Official Journal of the European Communities

28.1.2000

Box 1 and box 2 will be used together where this is practical but, where consideration of space is an important factor
with regard to small goods, box 2 may be omitted on some applications, provided that the full label is used in other
applications relating to the same good. 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.

28.1.2000

EN

Official Journal of the European Communities

C 25/13

ANNEX IV

PROCEDURAL PRINCIPLES FOR ESTABLISHING ECO-LABEL CRITERIA

For the development of eco-label criteria as well as the assessment and verification requirements related to those
criteria, the following principles will apply:

1.

Interested parties involvement

(a) A specific ad hoc working group involving the interested parties referred to in Article 15 and the competent
bodies referred to in Article 14 will be established within the EUEB for the development of eco-label criteria
for each product group.

(b)

Interested parties will be involved in the process of identifying and selecting key environmental aspects, and
especially in the following phases:

(i)

feasibility and market study;

(ii)

life cycle considerations;

(iii) improvement analysis;

(iv) proposal of the criteria.

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

A working paper summarising the main findings of each phase will be issued and distributed in good time to the
participants before the meeting of the ad hoc working group.

2. Open consultation and transparency

(a) A final report containing the main results will be issued and published. Interim documents reflecting the
results of the different stages of work will be made available to those interested and comments on them will
be considered.

(b) An open consultation on the content of the report will be carried out. A period of at least 60 days for the
submission of comments on the draft criteria will be allowed before submission of the criteria to the
committee, according to the procedure established by Article 17. Any observations received will be taken
into consideration. On request, information on the follow-up to the comments will be provided.

(c) The report will include an executive summary and Annexes with detailed inventory computations.

3. Confidentiality

The protection of confidential information provided by individuals, public organisations, private companies,
interest groups, interested parties or other sources will be ensured.

C 25/14

EN

Official Journal of the European Communities

28.1.2000

ANNEX V

FEES

1. Application fees

An application for the award of an eco-label will be subject to payment of a fee relating to the costs of processing
the application. A minimum fee will be fixed.

In the case of SMEs( 1) and also product manufacturers as well as service providers of developing countries the
application fee should be reduced.

2. Annual fees

Each applicant who has been awarded an eco-label will pay an annual fee for the use of the label to the
competent body which has awarded the label.

The period covered by the fee will begin with the date of the award of the eco-label to the applicant.

The annual fee will be calculated in relation to the annual volume of sales within the Community of the product
awarded the eco-label. A minimum fee will be fixed.

In the case of SMEs and also product manufacturers as well as service providers of developing countries, the
annual fees should be reduced.

Figures for the annual sales volume should be based on ex-factory prices.

3. Costs for testing and verification

Neither the application fee nor the annual fee will include any cost towards testing and verification which may
be necessary for products which are the subject of applications. Applicants will meet the cost of such testing and
verification themselves.

(1) SMEs as defined in Commission Recommendation 96/280/EC (OJ L 107, 30.4.1996, p. 4).

28.1.2000

EN

Official Journal of the European Communities

C 25/15

STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 19 March 1997, the Commission forwarded to the Council a proposal for a Council
Regulation on a revised Community eco-label award scheme, based on Article 130s(1) of the
Treaty (Amsterdam Treaty: Article 175).

2. The European Parliament and the Economic and Social Committee delivered their opinions on

13 May 1998 and on 10 July 1997 respectively.

3. The Committee of the Regions decided on 28 June 1999 not to give an opinion.

4. On 18 January 1999, the Commission forwarded an amended proposal to Council.

5. On 24 June 1999, the Council reached political agreement on a common position.

6. On 11 November 1999, the Council adopted its common position in accordance with Article 251

of the Treaty (former 189c).

II. OBJECTIVE

The Regulation is intended to replace Council Regulation (EEC) No 880/92 which sets a framework
for the award of an eco-label which functions on a voluntary basis and is dependent on the market.
The revision of the existing scheme was foreseen five years after the Regulation’s entry into force and
the present proposal aims at improving the scheme’s approach, methodology and working procedures
by taking into account experiences gained.

III. ANALYSIS OF THE COMMON POSITION

A. Amended Commission proposal

The Council adopted wholly or in part 23 amendments proposed by the European Parliament.
Several of these amendments proposed including ‘services’ in the eco-label award scheme. The
Council agreed in principle but has chosen to define ‘products’ as ‘goods and services’.

The Council has given support to the European Parliament amendment to have a sole, upgraded
eco-label logo as it believes that a graded eco-label could cause confusion rather than support
consumers’ interest.

B. Main changes introduced by Council

1. Preamble

The provision that the eco-labelling scheme should in the long term be mainly self-financing
was introduced as a recital.

C 25/16

EN

Official Journal of the European Communities

28.1.2000

2. Eco-label criteria and assessment and verification requirements (Article 4)

The Council considered that the initial Commission proposal required additional precision as
far as the setting of criteria is concerned, as well as how the review of the eco-label criteria
shall be carried out. It has been stressed that the criteria will set out the requirements for each
key environmental aspect, including requirements relating to the products’ fitness in meeting
the needs of the consumers. This passage has been carefully worded so that other aspects of
Community law are respected. As far as review and assessment is concerned, the Council has
specified that this shall be done in due time before the end of the validity period of the
specified criteria and shall result in a proposal for prolongation, withdrawal or revision.

3. The European Union Eco-labelling Board and the consultation forum (Articles 13 and 15)

The Council decided to clarify the role of the European Union Eco-labelling Board (EUEB),
responsible in particular for contributing to the setting and review of the eco-label criteria as
well as the assessment and compliance verification requirements. The Council has furthermore
introduced the concept of a consultation forum to ensure the balanced participation of all
interested parties. This body shall consist of representatives from consumer organisations,
industry, service suppliers, trade unions, environmental protection groups, handcrafts and
their business organisations, retailers and importers. The rules of procedure shall be established
by the Commission.

4. Working plan (Article 5)

The Council found it necessary that a working plan be established by the Commission. This
plan shall include a three-year strategy for the development of the eco-labelling scheme
underlining the objectives for environmental improvement and the market penetration which
the scheme will seek to achieve, the priorities for Community action through the establishment
of a non-exhaustive list of product groups, as well as the need to coordinate the scheme with
national eco-labelling systems in Member States to ensure the best possible cooperation
between the Community eco-label and national schemes.

5.

Infringements (Article 18)

The absence in the original Commission proposal of precise legal or administrative measures
to be taken in case a Member State does not fulfil its obligations in accordance with the
provisions in the Regulation could be detrimental for the development of the EU eco-label.

The Council thus decided to introduce an Article where provisions are made for appropriate
legal or administrative measures in case of non-compliance with the Regulation.