Opinion of the European Economic and Social Committee on Eco-friendly production
Date: 2008-05-29
Institutions: European Economic and Social Committee
Subjects: consumer protection, durable goods, eco-label, environmental protection, environmental standard, mode of production, public awareness campaign

30.8.2008

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III

(Preparatory Acts)

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

445TH PLENARY SESSION, HELD ON 28 AND 29 MAY 2008

Opinion of the European Economic and Social Committee on Eco-friendly production

(2008/C 224/01)

On 16 February 2007, the European Economic and Social Committee acting under Rule 29(2) of its Rules
of Procedure, decided to draw up an opinion on

Eco-friendly production

The Section for the Single Market, Production and Consumption, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 6 May 2008. The rapporteur was Ms Darmanin.

At its 445th plenary session, held on 28 and 29 May 2008 (meeting of 29 May), the European Economic
and Social Committee adopted the following opinion unanimously.

1. Conclusions and recommendations

1.1
The Committee is strongly in favour of initiatives aimed
at developing a Community policy of sustainable production
and consumption, fully mainstreamed into other Community
policies, with a view to:

— converting potential challenges into opportunities for
EU industry to be competitive on the world market, by
adopting environmentally friendly production methods
based on ecological products and services, easily identifiable
by consumers throughout the Community;

— developing a ‘green market’ to ensure that these products
and services respond to definite, common definitions and
are genuinely available in all the Member States;

— raising the European public's awareness of responsible
and more ‘eco-intelligent’ consumption and of the need for
behaviour patterns that are more respectful of the environ-
ment, by means of a strong commitment to provide infor-
mation,
starting with primary
schools;

training and education,

— taking a more strategic approach so as to influence the
decision-making process in business,
in politics, among
consumers and among the general public, and securing an
organic Community framework, avoiding the market frag-
mentation caused by divergent and misleading advice and
advertising messages regarding the environmental nature of
these products and the related production and distribution
systems;

— ensuring consumer choice is protected and producers/
distributors are committed to meeting environmental stan-
dards and ensuring products released onto the market
conform with environmental sustainability requirements;

— ensuring that responsibilities for sustainable consumption
policy, in terms of decision-making and implementation,
are shared among all the stakeholders and civil society orga-
nisations: producers, distributors,
teachers,
public authorities, environmental and consumer organisa-
tions, and both sides of industry.

consumers,

1.2
The Committee recommends adopting definitions for the
concepts of ‘eco-product/service’ and ‘eco-consumption’ within
the framework of sustainable development and consumption, to
be valid throughout the EU and accepted internationally,
using clear environmental criteria and indicators and standards
that leave room for innovation and improvement.

The Committee calls on European industry and distri-
1.3
bution and services systems to make a clear commitment to
comply with an integrated sectoral approach, involving a time-
table of verifiable objectives:
this should incorporate the
three environmental, economic and social pillars of sustain-
ability. Environmental requirements should be factored in from
the product design phase with an eye to the whole lifecycle,
continually raising the bar in terms of quality, innovation and
customer satisfaction targets.

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1.4
The Committee recommends that companies and public
and private bodies step up joint use of available Community
and national
instruments so as to maximise research into
clean technologies and products.

1.5
The Committee would stress the need to strengthen and
accelerate technical standardisation for ecological products
and production processes.

The Committee calls for certainty of criteria and unifor-
1.6
mity in minimum requirements throughout the internal market
with regard to labelling systems for eco-products. This is to
secure fairness in green consumer choices, uniform controls
throughout the EU and respect for the principle of free move-
ment for genuinely green products. The European Eco Label
(eco flower) should be further marketed and should be able to
co-exist with national and sectorial labelling systems.

in

dimension’

The Committee believes it is important to strengthen the
1.7
‘product
environmental management
systems, so as to promote dissemination to producers and
distributors, and tailor it more effectively to the management
local authorities, making it better able to spark
systems of
synergies with other sustainable development promotion instru-
ments.

According to the Committee,

1.8
the dissemination of
EMAS (the eco-management and audit scheme) should be
supported. This could be achieved by means of financial and
fiscal measures, administrative streamlining, promotion and
marketing initiatives, recognition of EMAS as a standard of
excellence, also internationally, and the adoption of measures to
assist small enterprises in gradually applying the scheme.

1.9
It is essential that the performance of a product should
be assessed in its entirety, i.e. on the basis not only of envir-
onmental criteria but also of other important aspects such as:
performance for both consumer and producer financially and
regarding safety, functionality and health protection, the rational
use of resources and materials, logistics, innovative characteris-
tics, marketing, the product's capacity to broaden consumer
choice, lifecycle and social aspects.

1.10
The EESC recommends promoting the development of
green public procurement (GPP) by: defining the technical
characteristics of ‘green’ products, starting with those with the
best environmental impact; including the cost of the product or
service's lifecycle in its specifications; making a dedicated data-
base available on line; bringing EC directives on public procure-
ment up to date by including references to standards, EMS
systems, Ecolabels, and eco-design;
and lastly, publishing
national action plans for the adoption of green procurement.

1.11
The Committee would reiterate the importance of using
Article 153 of the EC Treaty as a legal base, as it is the best
suited when it comes to securing a high level of consumer
protection including the safeguarding of their right to full,
correct, appropriate, comprehensible, timely information.

1.12
The Committee would argue that for the purposes of
self-regulation, one possible route might be to develop a code
of conduct, as provided under Directive 2005/29/EC, so as to
avoid the misuse of ecological claims in advertising and, at all
events, to avoid misleading advertising. This ought to work in
parallel with eco-taxes and regulation. The EESC would recom-
mend that ecological statements should rely on a trustable and
recognised label.

1.13
to be
Alongside judicial proceedings, which ought
accessible to all, the Committee is also in favour of naming
extrajudicial monitoring and conflict resolution bodies for
consumers, that are flexible, efficient, low-cost and credible, so
as to ensure that environmental standards for products are met
and that products released onto the market comply with the
principles of environmental sustainability.

1.14
The Committee, given the legislative fragmentation
marking both consumer information requirements and require-
ments for sustainable products, would argue that there is an
urgent need to start work on a single, well-defined framework
in the form of a ‘European charter for sustainable consump-
tion and production in the internal market’.

2. The current framework and prospects

The aim of the Community eco-label award scheme (1) is
2.1
that of promoting products with a minor environmental impact
and providing consumers with precise and scientifically sound
information. This label does not apply to food and drink, phar-
maceutical products, medical devices (2) or dangerous or toxic
products or substances (3).

2.1.1
The design, production, distribution and consumption
of environmentally friendly products is an integral part of
Community's environment policy as defined in the objectives
action
and priorities
programme (4), to be achieved by 2010. This programme, on
which the Committee gave its opinion on a number of occa-
sions, describes in detail plans for measures contributing to the
establishment of the sustainable development strategy.

sixth environment

set out

in the

2.1.2
Of the main Community initiatives on the subject, a
key position is held by integrated product policy (IPP) (5), on
which the Committee issued an opinion (6), which gives consid-
eration to all products and services having an environmental
impact.

2.1.3
For the integrated product policy to be effective, it is
necessary to encourage producers to make more ecological
products and consumers to buy such products. Instruments that
could be used to that end might include:

— encouraging use of fiscal measures to promote more eco-

friendly products;

(1) 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.

(2) Directive 93/42/EEC.
(3) Directive 67/548/EEC.
(4) COM(2001) 31 final.
(5) COM(2003) 302 final and the Green Paper COM(2001) 68 final.
(6) OJ C 80 of 30.3.2004.

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— taking environmental aspects into account in decisions on

public contracts (7);

— promoting the application of ‘lifecycle thinking’;

— integrating and promoting the application of voluntary
instruments such as Ecolabel, EMAS, EPDs (Environmental
Product Declarations), green public procurement, etc;

— providing consumers with the necessary information for an
for purchase, use and

‘informed choice of products’,
disposal.

2.1.4
Another positive step forward was made with the
introduction of a new regulatory framework on the eco-design
requirements for energy-using products, governed by a 2005
framework directive (8).

2.1.5 With regard to implementation, under the framework
directive, the first rules come into force in 2008. Measures
concerning 20 groups of products are currently being studied
(including lighting, computer systems and washing machines)
and for 14 of
them (including street and office lighting)
measures should be established before the end of 2008; for
others, such as domestic lighting systems, the target is 2009.

The sixth environmental action programme (9) sets out
2.1.6
five priority avenues of strategic action: improving the imple-
mentation of existing legislation,
integrating environmental
concerns into other policies, working with the market, empow-
ering people by helping them to change their behaviour
favouring the demand of such people and taking account of the
environment in decisions on regional
land-use planning and
management.

environmental aspects into the new technical standards, creating
an ‘environmental framework’ for CEN, within which its tech-
nical bodies can address environmental specifications. When the
this governs the
standard falls under
presumption of conformity with basic requirements of
the
corresponding European directive. Further steps forward on this
matter were then achieved with the adoption of the ISO 14001
environmental certification scheme.

the ‘New Approach’,

On 10 October 2007,

the European Environment
2.3
Agency published its
fourth report on ‘Europe's Environ-
ment’ (12), dedicating an entire chapter to ‘Sustainable consump-
tion and production’.

Furthermore, the Commission's 2007 annual report on
2.4
the state of progress of the Lisbon strategy for growth and
employment put an emphasis on the importance of climate
change, eco-innovations, energy efficiency, renewable energy
sources and energy markets.

2.5
Lastly, the Brussels European Council on 8 and 9 March
2007 gave special attention to the subjects of the environment
and climate change. The Environment Council of February
2007, meanwhile, stressed the complementarity between the
EU's sustainable development strategy and the Lisbon strategy
for growth and employment, and the essential contribution that
the latter makes towards the priority objective of the former,
while also reiterating the need to mainstream environmental
aspects into all policies. This general thrust was strongly under-
lined by the December 2007 European Council (13).

the European sustainable
2.1.7 More generally speaking,
development strategy, as revised by the European Council
in
2006, defines ‘sustainable production and development’ as one
of the key challenges, to be addressed by gearing economic and
social development towards forms that are compatible with the
eco-system. It also proposes a new action plan in this area.

2.6
The main objectives of the Commission's 2008 work
programme (14) clearly include that of placing the citizen at the
centre of the European endeavour, starting with an evaluation of
the social situation alongside a review of the internal market,
with constant attention to the need for the European public to
make the most of the single market.

The 2007 report on implementation (10) shows that
2.1.8
sustainable
to
consumption and production are difficult
measure in a reliable way on a broad basis. Although the
number of sustainable products and services present on the
market seems to be rising fast, estimated savings on the current
energy bill are equivalent to approximately EUR 60 billion the
year, whereas the number of products with an Eco-label remains
fairly limited as does the number of EMAS registered companies.
Only 14 Member States have adopted national Green Procure-
ment plans and only 21 have completed the environmental
technology action plan (ETAP) implementation road map (11).

2.2
On the other hand, in the sphere of technical standardi-
sation, measures were launched some time ago to integrate

(7) COM(2002) 412 final of 17.7.2002 and Directive 2004/18/EC of 31

March 2004.

(8) Directive 2005/32/EEC (OJ L 191 of 22.7.2005). Decision
2000/729/EEC, Decision 2000/730/EC and Decision 2000/731/EC
(OJ L 293 of 22.11.2000).

(9) OJ L 242 of 10.9.2002.
(10) Report on the Sustainable Development Strategy 2007.
(11) Cf. footnote 18. In particular:

2.7
The EESC has often called for Article 153 of the EC
treaty to be used as a legal base (15), as it is designed to secure
consumers a high level of protection and promote their right to
full (16), correct, clear, appropriate, comprehensible and timely
information.

2.7.1 When it comes to derived law, consumer rights to
information are governed by Directive 2005/29/EC (17) on
‘unfair commercial practices’
that could damage consumers'
economic interests. The annex to this directive lists a series of
commercial practices that can be considered unfair without a
case by case assessment,
including for instance ‘displaying a
trust mark, quality mark or equivalent without having obtained
the necessary authorisation’.

(12) ISBN 978-92-9167-932-4- EEA, Copenhagen, 2007.
(13) Brussels European Council, 14 December 2007.
(14) COM(2007) 640 final.
(15) OJ C 108 of 30.04.2004.
(16) OJ C 175 of 27.07.2007; OJ C 44 of 16.2.2008.
(17) Directive 2005/29/EC (OJ L 149 of 11.6.2005).

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The Committee is however convinced that there is a
2.8
degree of
legislative fragmentation at Community level with
regard to basic consumer information requirements, as well as
the requirements for sustainable products, and considers it
important to draft a ‘European charter for sustainable consump-
tion and production in the internal market’.

based on environmental
In addition, European
technologies.
companies are more and more sensitive to environmental
performance as part of
their corporate social responsibility
approaches’ (21).

Should the results of

the implementation of

this
2.8.1
charter — and the self-regulatory codes provided for under
Directive 2005/29/EC — prove insufficient,
the Committee
believes other options should be examined, such as for instance
more complete harmonisation or the establishment of a specific
Community system of an operational nature.

The Committee agrees on the three areas of develop-
3.3.1
ment set out in this respect: stimulating the development and
commercialisation of low carbon and energy efficient technolo-
gies, products and services; creating a dynamic internal market;
developing global markets low carbon and energy efficient tech-
nologies, products and services.

3. General comments

3.1
The Committee would argue that it is essential to start
with clear and definite definitions of concepts such as
‘sustainable product’, ‘sustainable design, production and distri-
bution’, and ‘sustainable consumption’,
to monitor
throughout the EU and the European Economic Area compli-
ance with any Community legislative, regulatory or voluntary
frameworks referring to such definitions in the various national/
regional spheres.

so as

3.2
These definitions, commonly accepted at international
level, are not static but are by their nature subject to continual
improvement. In the Committee's view, however, they must be
fleshed out with:

— a package of environmental

to trace
progress between various thresholds making it possible to
assess the level of sustainability of production systems,
products, and services and distribution systems;

indicators (18)

field,

and their

3.3.2
The Committee would reiterate its position already set
out in a recent opinion ‘Top performances in the scientific and
technical
competitive,
economic force, are essential preconditions to safeguarding our
future, for example with regard to energy and climate issues,
preserving and improving our current global position, and
developing rather
than jeopardising the European social
model’ (22).

conversion into a

According to the Committee, a more

3.3.3
integrated
approach is necessary, so as to overcome the difficulties and
obstacles to joint, coordinated use of all possible financial
instruments (23) at European, national, regional and local level
and by individual operators, for the development of clean and
efficient
to
generate processes, products and services with a high level of
sustainability.

technologies and innovative applications able

— Community technical environmental standards (possibly
tying in with ISO standards) with full integration of environ-
mental aspects in the European standardisation process, as
stressed a number of times by the Committee (19), to be
incorporated within products, production systems, distribu-
tion systems and services, in accordance with the conformity
guidelines of related Community directives (20).

The Committee would argue that

3.2.1
the definitions
suggested above, bolstered by appropriate indicators and stan-
dards, are essential for an effective Community policy that can
enable informed consumers to be sustainable in their choices
and behaviour, where production processes take care of the
environment.

As the Commission itself has underlined,

3.3
‘European
industry is already well positioned to build on its strong posi-
tion in the market for new products, services and processes,

3.3.4
The Committee believes that an inter-DG Community
initiative for coordination and technical assistance is necessary
to optimise joint use of the Community, European and national
instruments available so as to maximise efforts in the area of
research and innovation both in companies and public and
private bodies, for the purposes of environmental protection, in
the sphere of the European Area for Research and Innovation.

3.3.5
As has been stated on many occasions by the
Committee (24), the Commission, the Council and the European
Parliament, it is essential to cut the red tape that slows compa-
nies down (notably SMEs), so as to unlock the economic and
social potential of businesses and direct it towards the sustain-
able modernisation of production and organisational context
and structures.

(18) Such as the United Nations Indicator of Sustainable Development

Framework and Methodologies (1996).

(19) OJ C 48 of 21.2.2002, p. 112; OJ C 117 of 30.4.2004; OJ C 74 of

23.3.2005.

(20) Since 2006, CENELEC has been developing an on-line database on

the environmental aspects built into CENELEC standards.
Since the beginning of 2007, CEN has been working on a training
programme on the incorporation of environmental standards within
CEN standards.

(21) COM(2007) 374 final of 4.7.2007.
(22) OJ C 325 of 30.12.2006.
(23) There are many European and international instruments that could be
used here (FP7, CIP, LIFE, STRUCTURAL FUNDS, EIB, i2i, EUREKA,
LEED-OECD, CEB-Council of Europe, etc.) but using them jointly
would be problematic owing to divergent methods and procedures,
numerous differing schedules and considerable difficulties relating to
the ‘simultaneous engineering’ of various types of measure.

(24) See Opinion of OJ C 120 of 16.5.2008, p. 66; rapporteur: Mr Pezzini.

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3.4
The EU launched the eco-labelling system for products to
boost environmentally sound production in 1997. It was then
extended to services and has grown over the years.
It also
labels applied to groups of
includes multicriteria public
products/services (25).

The Committee would argue that this situation can
3.4.1
sow confusion among producers and above all among European
consumers, and that the answer is a streamlined system of
minimum common criteria established at European level, setting
up compulsory registration and verification for labels by an
independent certifying body.

The labelling at a European level should not compete
3.4.2
labels which are
but co-exist with the national and sectorial
sometimes more known to the consumer then the European
labelling. Furthermore, there ought to be coordination on an
international
level with labels which have proven to be
successful such as the Energy Star.

3.4.3
It is imperative that the labels are trusted and inspire
confidence in the consumer. For this reason the standards
setting of such labels and the monitoring of the market should
be entrusted to the stakeholder (all of them) so as to be more
credible.

3.4.4
products or services to identify their carbon print.

It may be pertinent to start looking into labelling of

to respect

3.5 With regard to the EMAS voluntary system, which
enables those wishing to show that they are improving their
environmental performance to opt in on a Community eco
management and eco audit system; thus demonstrating their
and their
environmental
willingness
commitment to adopting an ecological management system, the
Committee would argue that after adopting ISO standard
14001 it will be possible to strengthen the ‘product dimension’
of environmental management schemes to facilitate greater
dissemination among producers and distributors and to adjust it
to process management in local authorities and make it more
open to synergies with instruments for
the promotion of
sustainable development.

standards

3.5.1
According to the Committee, it would be worthwhile
supporting the dissemination of EMAS by means of financial,
fiscal, streamlining and administrative measures, publicity and
marketing initiatives, and through recognition of EMAS as a
‘standard of excellence’ also at international level, with the possi-
bility of helping SMEs to take a gradual approach, not least in
the sphere of industrial clusters.

(25) Examples include the eco-flower (a European logo in the form of a
flower, used throughout Europe, http://europa.eu.int/comm/environ-
ment/ecolabel/index_en.htm); the Nordic Swan (used mainly in Scandi-
navia, http://www.svanen.nu/Eng/default.asp); the Blue Angel (specific
to Germany, http://blauer-engel.de/englisch/navigation/body_blauer_-
engel.htm ); and the Fair Flower (native to the Netherlands, http://www.
flowercampaign.org ). There are also public labels focusing on specific
environmental aspects, such as: the Energy Star, and private labels,
including the IFOAM organic labelling system (http://ec.europa.eu/
environment/emas/index_en.htm).

it absolutely essential

The Committee considers

3.6
to
develop a ‘green market’ for products and services, by
introducing a series of incentives and instruments designed on
the supply side to encourage innovation, and on the demand
side to provide consumers with appropriate information or
incentives to buy more environmentally friendly products.

3.6.1
For the purposes of a competitive internal market,
product performance should be assessed not only on the basis
of environmental criteria but also on the basis of other impor-
tant aspects such as: economic performance for the consumer
and the producer, safety and functionality, its use of resources,
logistics, marketing,
its characteristics in terms of health and
innovation, its capacity to broaden consumer choice, its lifecycle
and disposal, and lastly, social concerns.

It is imperative that there is true commitment to the
3.6.2
support to research and development and innovation within the
sector of eco-production and eco services.

3.7
In the Committee's opinion, CEN, CENELEC and ETSI
should play a key part in the development of the technical
standardisation process when it comes to a product's environ-
mental sustainability (26).

3.7.1
The Committee has already stressed that ‘promoting
the use of environmental technical standards should not be
subject to top-down decisions but should be effected through
widespread acceptance of eco-compatible products in order to
respond as effectively as possible to the needs and interests of
citizens and consumers’ (27).

3.8
In the sphere of public contracts, it is important to flag
up Directive 2004/18/EC on the coordination of procedures for
the award of public works contracts, public supply contracts
and public service contracts (28) and the Commission interpreta-
tive communication on the Community law applicable to public
procurement and the possibilities for integrating environmental
considerations into public procurement (29).

3.8.1
The Committee would argue that the public procure-
ment sector, which accounts for approximately 16 % of Com-
munity GDP, is critical for promoting the dissemination of more
ecological products and would call for measures to encourage
contracting authorities to use existing possibilities in the area of
green public procurement (GPP).

(26) OJ C 74 of 23.3.2005.
(27) Ibid.
(28) OJ L 134, 30.4.2004.
(29) COM(2001) 274 final; OJ C 333 of 28.11.2001.

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The 2006 final report on GPP in Europe (30) names the
3.8.2
following among the main obstacles to its dissemination: the
higher cost of green products, particularly in the absence of
indicators regarding lifecycle costs; the lack of environmental
knowledge, and the absence of an adequate easy-access elec-
tronic database; a lack of clarity in procurement criteria and
specifications, with uncertain eco-product definitions and stan-
dards; a lack of support at managerial and political level; and a
lack of information and training instruments.

including the cost of

The Committee therefore recommends: defining solid
3.8.3
criteria for green products, specifying all relevant environmental
the product or service's
specifications;
entire lifecycle in specifications;
launching a ‘European GPP
knowledge Database’ (31); introducing the requirements of ISO
standard 14004, environmental management systems — EMS,
Ecolabel references and eco-design to EC directives on public
contracts; disseminating national action plans for adopting
green public procurement among the public;
focusing on
products with the greatest environmental impact.

the terms ‘eco’ and ‘bio’ are often used as simple marketing
tools to increase the sales of products and services that in reality
are no different to others and offer no added value.

3.12.1
In this connection, the Committee believes that devel-
oping codes of conduct, as set out in Directive 2005/29/EC,
could be a particularly significant element in self-regulation to
prevent
the use of unfair ecological claims in advertising,
applying the following criteria:

— Environmental advertising must not cause undue social
alarm about ecological problems, or exploit unfamiliarity
with this issue.

— Advertising must not encourage behaviour

that would
undermine environmental protection, or portray such beha-
viour in a non-critical way.

3.9
The ‘fair trade’ concept is also widespread throughout
Europe. Fair trade and ethical trade have been of great interest
in
to the EESC for some time and were addressed in detail
opinion REX/196 (32). In the Committee's view, they are key to
the success of sustainable consumption.

— Advertising cannot mislead the public about the environ-
the advertised product, either through
mental effects of
misleading presentation of such effects or by concealing
them.

3.10
Education is a key element in sustainable consump-
tion and the EESC insists that this education should begin in
the classroom. Consumers should also have immediate access to
information on the products and services chosen and their
potential impact on the environment. It is also essential that this
information be provided in a way that is interesting to the
consumer and thus easy to absorb and understand.

The EESC believes that

3.11
the Community's legislative
corpus on sustainable production and consumption should be
consolidated and simplified so as to make it more easily
comprehensible and accessible for consumers and producers
alike:
‘'Less but better lawmaking' must translate into consoli-
dated, consistent regulatory texts in the field of the environ-
ment, providing legal certainty and transparency for adjusting to
industrial change, and focusing on how best to protect resources
and the environment and apply sustainable, competitive techno-
logical innovations in the global marketplace’ (33).

3.12
On the subject of ‘green’ products, it would be worth-
while stepping up Community measures aimed at outlawing
misleading advertising and unfair commercial practices (34):

(30) Green Public Procurement in Europe 2006 — Conclusions and recom-
mendations. Virage Milieu & Management bv, Korte Spaarne 31, 2011
AJ Haarlem,
the Netherlands. http://europa.eu.int/comm/environ-
ment/gpp.

(31) Also with reference to the European Platform for Life-Cycle for the
environmental performance of products, technologies and services.

(32) Ethical

trade and consumer assurance schemes; rapporteur: Mr

Adams; OJ C 28 of 3.2.2006.

(33) OJ C 120 of 16.5.2008, p. 66; Rapporteur: Mr Pezzini.
(34) Directive 2005/29/EC (OJ L 149, 11.6.2005).

— The eco-friendly features of a product or service must not
be unjustifiably extended to other products or services
provided by the company in question.

— When the environmental qualities of a product or service
depend on specific conditions or methods of use or
consumption, or on particular points in their lifecycle, the
advertisement must make this explicit, or clearly urge consu-
mers to seek this information.

— The use of environmental claims or slogans in advertising
must be based on verifiable technical and scientific criteria.
If challenged,
the advertiser must provide the necessary
evidence from an independent body or expert to prove the
accuracy of the advertisement.

— References to ingredients added to or removed from the
advertised products in order to alter their environmental
effect must be clear and specific with regard to the nature
and extent of such effects.

— The use of signs or symbols relating to environmental
effects may not be misleading or lead to confusion about
their meaning. Neither may they falsely allude to eco-labels
in official use in specific countries, geographic areas or
economic sectors. Testimonials and witnesses may only be
used to promote the ecological characteristics of the adver-
tised product by means of specific and verifiable claims, in
keeping with the fourth from last indent.

30.8.2008

EN

Official Journal of the European Union

C 224/7

3.12.2
In the Committee's view flexible, efficient and low-
cost non-judicial supervision and arbitration bodies for
consumer affairs should be promoted, that can act credibly to
guarantee that products comply with environmental standards,
and that sustainable products on the market meet the environ-
mental sustainability requirements governing consumer choice.
These should not replace judicial proceedings which ought to be
accessible to all.

The Committee places particular

3.13
importance on a
European charter for sustainable consumption and produc-
tion to protect consumers'
to consume ecological
products. A charter of this kind should include the following
elements:

rights

— sharing responsibility for sustainable consumption between
all stakeholders and civil society organisations: producers,
distributors,
authorities,
consumer and environmental organisations, and the social
partners,

consumers,

educators,

public

— mainstreaming sustainable production and consumption
policy into the other
in
consultation with consumer, environmental, manufacturing,
trade and distribution organisations, along with other stake-
holders,

relevant Community policies,

— a primary responsibility on the part of European industry
and producers to maximise the availability of sustainable
consumption throughout the lifecycle of a product ‘from the
drawing-board to the grave’ and in the distribution and
service sectors,

— EU responsibility for providing a single, clear, consistent and
understandable framework for all Community legislation in
this area, highlighting consumers' rights and user-friendly,
cost-frees means of upholding such rights in practice,

— possible elements that could flesh out existing rights and

would come under the powers of the Member States,

Brussels, 29 May 2008.

— possible elements that could flesh out existing rights and
could be achieved through self-regulation (35) by private
stakeholders, consumers' representatives (36), environmental
organisations (37) and representatives of business,

— a responsibility on the part of the EU and Member State
governments to promote dynamic, verifiable and uniformly
applicable measures concerning eco-friendly design in every
product sector, trustworthy eco-labels throughout the EU,
widespread environmental management systems, drafting
and enforcement of
internationally-recognised, advanced
technical environmental standards, specific and binding tech-
nical environmental requirements in public procurement
fair trade and
procedures, misleading ‘green’ advertising,
international cooperation for sustainable consumption,

— speeding up research and technological development, and
the introduction of innovative applications in the area of
sustainable production and consumption, in terms of both
Community and Member State public expenditure and
private expenditure, with a view to the aim of spending 3 %
of GDP as defined for the ERA (38),

— informing, educating and training all sustainable consump-
tion stakeholders, and capacity-building actions for relevant
administrations and organisations,

— developing publicly available indicators, methodologies and
databases to measure progress towards sustainable consump-
tion at all levels,

— promoting research into environmentally harmful consumer
behaviour, in order to identify ways of making consumption
models more sustainable.

3.13.1
The EESC proposes to organise a conference on the
European charter for sustainable consumption and production
given the importance of the subject, this with the involvement
of the European Parliament and the European Commission.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(35) See points 22 and 23 of the Interinstitutional agreement on better law-

making, OJ C 321 of 31.12.2003.

(36) In point 3.5 of Opinion the EESC discusses the characteristics used in
‘representative

attempting to define a uniform concept of what
consumer association’ means (OJ C 185 of 8.8.2006).

(37) The EESC supports the idea of promoting the engagement of civil
society in sustainable development issues. Point 4.2.6 of Opinion OJ C
120 of 16.5.2008, p. 33.
(38) ERA: European Research Area.