2000/729/EC: Commission Decision of 10 November 2000 on a standard contract covering the terms of use of the Community Eco-label (notified under document number C(2000) 3278) (Text with EEA relevance)
Date: 2000-11-10
Institutions: European Commission
Subjects: European symbol, contract, eco-label, quality label

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Official Journal of the European Communities

22.11.2000

COMMISSION DECISION

of 10 November 2000

on a standard contract covering the terms of use of the Community Eco-label

(notified under document number C(2000) 3278)

(Text with EEA relevance)

(2000/729/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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

Having regard to Regulation (EC) No 1980/2000 of the Euro-
pean Parliament and of the Council of 17 July 2000, on a
revised Community Eco-label Award Scheme (1), and in partic-
ular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 9 of Regulation (EC) No 1980/2000 provides
that a standard contract shall be adopted in accordance
with the procedure laid down in Article 17,

It is appropriate, in order not only to avoid distortions
of competition but also to ensure that the interests of
consumers and users are protected, that the terms of use
of
the
the
Community,

should be uniform throughout

label

The competent bodies should, however, be able, subject
to compatibility with Regulation (EC) No 1980/2000, to
include additional provisions in the contract.

It is appropriate that the contract should include provi-
sions for compliance monitoring which should allow the
competent body to ensure that the label is used only for
products which meet the objectives and principles speci-
fied in Article 1 of Regulation (EC) No 1980/2000 and
are in accordance with the terms of the contract.

It is further appropriate that, in cases of non-compliance
with the objectives and principles of the said Regulation
and the terms of the contract, provisions should be
made for suspension or withdrawal of the award of the
label.

The measures set out in this Decision are in accordance
with the opinion of the Committee set up pursuant to
Article 17 of Regulation (EC) No 1980/2000,

HAS ADOPTED THIS DECISION:

Article 1

The contract which shall be concluded between the competent
body and each applicant in accordance with Article 9 of Regu-
lation (EC) No 1980/2000 shall be in the form set out in the
Annex to this Decision.

Article 2

Without prejudice to Article 1,
the competent body may
include in the contract additional provisions provided that such
additional provisions are compatible with Regulation (EC)
1980/2000.

Article 3

Commission Decision 93/517/EEC of 15 September 1993 on a
standard contract covering the terms of use of the Community
eco-label (2) is hereby repealed.

This decision is addressed to the Member States.

Article 4

Done at Brussels, 10 November 2000.

For the Commission

Margot WALLSTRÖM

Member of the Commission

(1) OJ L 237, 21.9.2000, p. 1.

(2) OJ L 243, 29.9.1993, p. 13.

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STANDARD CONTRACT COVERING THE TERMS OF USE OF THE COMMUNITY ECO-LABEL

ANNEX

PREAMBLE

The competent body. . . (full title) hereafter called ‘the competent body’, registered at. . . (full address), which for the purposes
of the signature of this contract is represented by. . . . . . (name of person responsible), . . . (full name of holder), in his capacity
as manufacturer, importer, service provider, trader or retailer whose official registered address is . . . (full address), hereafter
called ‘the holder’, represented by . . . (name of person responsible), have agreed the following with regard to the use of the
Community Eco-label:

Article 1

RIGHTS AND OBLIGATIONS

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

1.2. The Eco-label shall be used only in the form and colour laid down in the Eco-label specifications provided by the
competent body and annexed to this contract and shall be clearly visible. The right to use the Eco-label does not extend to
the use of the Eco-label as a component of the trademark.

1.3. The holder shall ensure that the product to be labelled complies throughout the duration of this contract with all the
terms of use and provisions set out in this contract and the product group criteria and Eco-label specifications referred to
in the Annexes to this contract which are applicable at the time in question. No new application will be required for
modifications in the characteristics of the products which do not affect compliance with the criteria. The holder shall
however inform the competent body of such modifications by registered letter. The competent body may carry out
appropriate verifications.

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

1.5. Participation in the Eco-label scheme is 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.

Article 2

ADVERTISING

2.1. The holder shall refer to the award of the Eco-label only in relation to the product referred to in Article land in the Annex

of this contract.

2.2. The holder shall not advertise or make any statement or use any label or logo in a way which is false or misleading or

which results in confusion or calls into question the integrity of the Eco-label.

2.3. The holder shall be responsible under this contract for the manner in which the Eco-label is used in relation to his

product, especially in the context of advertising.

Article 3

COMPLIANCE MONITORING

3.1. The competent body, including its agents authorised for such purpose by the competent body, may undertake all or any
necessary investigations to monitor the on-going compliance by the holder with both the product group criteria and the
terms of use and provisions of this contract. To this end, the competent body may request, and the holder shall provide,
any relevant documentation to prove such compliance.

3.2. Further, the competent body, including its agents authorised for such purpose by the competent body, may, at any
reasonable time and without notice, request, and the holder shall grant, access to the premises as stated in the Annex or
any part thereof, for the purposes mentioned in paragraph 1 of the present Article.

3.3. The holder shall be liable for the reasonable costs incurred by the competent body under this Article.

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Article 4

CONFIDENTIALITY

4.1. Except as required by Regulation (EC) No 1980/2000, and in particular Article 7 thereof, the competent body and any of
its authorised agents may not disclose, or use for any purpose unconnected with this contract, information to which they
have gained access in the course of assessing a product with a view to the award of the Eco-label or in the course of
monitoring compliance pursuant to Article 3 hereof.

4.2. The competent body shall take all reasonable steps to secure the protection of the documents confided to it against

falsification and misappropriation.

4.3. Furthermore, the competent body shall take all reasonable steps to secure the protection of the documents entrusted to it
from destruction, for a period of at least three years from the date of termination of this contract. At the end of this period
the competent body may destroy the documentation.

Article 5

SUSPENSION AND WITHDRAWAL

5.1. In a case where the holder becomes aware that he fails to meet the terms of use or provisions contained in Articles 1, 2
and 3, the holder shall notify the competent body and refrain from using the Eco-label until those terms for use or
provisions have been fulfilled and the competent body notified thereof.

5.2. Where the competent body considers that the holder has contravened any of the terms of use or provisions of this
contract, the competent body shall be entitled to suspend or withdraw its authorisation to the holder to use the Eco-label,
and to take such measures as are necessary to prevent the holder from using it further, including such measures as are
provided for in Article 9.

Article 6

LIMITATION OF LIABILITY AND INDEMNITY

6.1. The holder shall not include the Eco-label as part of any guarantee or warranty in relation to the product referred to in

Article 1.1 of this contract.

6.2. The competent body, including its authorised agents, shall not be liable for any loss or damage sustained by the holder

arising out of the award and/or use of the Eco-label.

6.3. The competent body, including its authorised agents, shall not be liable for any loss or damage sustained by a third party

and arising out of the award and/or use, including advertising, of the Eco-label.

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

Article 7

FEES

7.1. The holder undertakes to pay to the competent body a fee, or fees, for use of the Eco-label on the product referred to in
Article 1.1 and in the Annex, for the period of use as laid down in this contract, in accordance with the rules on fees in
force at the time of the signature of the contract, made available by the competent body on. . . (date and full reference),
and as annexed to this contract. In the event of suspension or early termination by either the competent body or the
holder, the holder shall not be entitled to repayment (of the fee(s)), either in whole or in part.

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

Article 8

COMPLAINTS

8.1. The competent body may inform the holder of any complaints made concerning the product bearing the Eco-label, and
may request the holder to reply to those complaints. The competent body may withhold the identity of the complainant
from the holder.

8.2. Any reply made by the holder in accordance with a request under Article 8.1 shall be without prejudice to the rights

and/or obligations of the competent body under Articles 3 and 5 of this contract.

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Article 9

CONTRACT DURATION AND APPLICABLE LAW

9.1 Except as provided for in Article 9.2, 9.3 and 9.4 hereof, this contract shall run from the date on which it is signed until

(...) or until expiry of the product group criteria, whichever is sooner.

9.2. Where the holder has contravened any of the terms of use or provisions of this contract within the meaning of Article
5.2, the competent body shall be entitled to treat this as a breach of contract entitling the competent body, in addition to
the provisions in Article 5.2, to terminate the contract, by registered letter to the holder, at an earlier date than given in
Article 9.1, within (a time period to be determined by the competent body).

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

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

9.5. After the termination of this contract the holder may not use the Eco-label in relation to the product specified in Article
1.1 and in the Annex to this contract, either as labelling or for advertising purposes. The Eco-label may nevertheless, for a
period of six months after the termination, be displayed on stock held by the holder or others and manufactured before
the termination. This latter provision shall not apply if the contract has been terminated for the reasons foreseen under
Article 9.2.

9.6. Any dispute between the competent body and the holder or any claim by one party against the other based on this
contract which has not been settled by amicable agreement between the contracting parties, shall be subject to the
applicable law of the Member State/region of the competent body and to the jurisdiction of the courts of the Member
State/region of the competent body.

The following Annexes shall form part of this contract:

— copy of Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised

Community Eco-label Award Scheme, in (the relevant Community language(s)),

— product specifications, which shall at least include details of the names, and/or the manufacturer's internal reference

numbers, the manufacturing sites, and the related Eco-label licence registration number or numbers,

— a copy of Commission Decision. . .

(on product group criteria),

— Eco-label specifications, indicating amongst others that the label shall be printed either in two colours (Pantone 347 green

and Pantone 279 blue), or in black on white, or in white on black.

— a copy of Commission Decision 2000/728/EC of 10 November 2000 fixing the costs and fees in connection with the

Community Eco-label, in (the relevant Community language(s)).

Done at . . . . . . . . . . . . . . . . . . . . . . . . and date . . . . . . . . . . . . . . . . . . . . . . . .

Done at

. . . . . . . . . . . . . . . . . . . . . . . and date . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Competent body)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Holder)

Designated person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Legally binding signature)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Legally binding signature)

(cid:1)Competent

body seal

(cid:1)Company

seal