Proposal for a Regulation of the European Parliament and of the Council on a Community Ecolabel scheme {SEC(2008) 2118} {SEC(2008) 2119}
Date: 2008-07-02
Institutions: European Commission
Subjects: EU market, European standard, consumer information, eco-label, environmental protection, goods and services, quality label

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.7.2008 
COM(2008) 401 final 

2008/0152 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community Ecolabel scheme 

{SEC(2008) 2118} 
{SEC(2008) 2119} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTENT OF THE PROPOSAL 

1.1. 

Objective 

The  overall  objective  of  this  Regulation  is  to  encourage  the  sustainable  production  and 
consumption  of  products,  and  the  sustainable  provision  and  use  of  services,  by  setting 
benchmarks for the good environmental performance of products and services, based on the 
top performers in the market. By guiding consumers towards them, the Ecolabel logo should 
promote those products and services that have met these benchmarks compared to others in 
the same category.  

These  benchmarks  will  also  be  used  for  developing  and  implementing  other  environmental 
policy  tools,  where  consistency  within  the  single  market  is  desirable,  such  as  for  providing 
environmental criteria for public purchasers to use and giving recommendations on potential 
future minimum standards for products. 

1.2. 

General context 

According to Article 20 of the Ecolabel Regulation1, the EU Ecolabel scheme, which has been 
in  place  since  1992,  has  to  be  reviewed  and  the  Commission  must  then  propose  any 
appropriate  amendments  to  the  Regulation.  As  highlighted  in  different  reports  published  by 
the  European  Environment  Agency  and  others,  the  state  of  the  environment  gives  rise  to 
increasing concerns. Global warming is just one – and currently the most prominent – issue in 
this context but there are many others such as biodiversity, air and water pollution or ozone 
depletion. 

A  more  detailed  description  of  the  policy  background  and  a  justification  of  the  choice  of 
instrument is provided in the impact assessment.  

1.3. 

Existing Community provisions 

The  Proposal  is  designed  to  replace  Regulation  (EC)  No  1980/2000  of  the  European 
Parliament  and  of  the  Council  of  17  July  2000  on  a  revised  Community  Ecolabel  award 
scheme. 

1.4. 

Consistency with other policies and rules 

This proposal for a Ecolabel scheme is well linked and integrated into the wider Sustainable 
Consumption and Production policy framework of the European Commission. There is a need 
for  reducing  the  negative  impacts  of  production  and  consumption  patterns  on  the 
environment, health and natural resources. It is a high priority for the Commission to set an 
overall framework for an integrated implementation of a mix of instruments aimed at reducing 
this  negative  impact  on  the  environment,  health  and  natural  resources.  As  discussed  in  the 
impact  assessment,  a  multi-criteria,  third-party  accredited  ecolabel  based  on  'life  cycle 

1 

Regulation  (EC)  No  1980/2000  of  the  European  Parliament  and  of  the  Council  of  17  July  2000  on  a 
revised Community Ecolabel award scheme  
(http://ec.europa.eu/environment/ecolabel/pdf/regulation/001980_en.pdf) 

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thinking'2 can constitute an important element of such a mix of SCP policy instruments, and 
the  importance  of  an  ecolabel  scheme  has  already  been  emphasised  in  earlier  policy 
documents such as the Commission's Communication on Integrated Product Policy3 and the 
6th Environmental Action Programme4.  

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  IMPACT 
ASSESSMENTS 

2.1. 

Consultations 

The Ecolabel review and impact assessment process began in February 2002, with the launch 
of  a  large-scale  evaluation  study  on  the  Ecolabel5.  In  addition  to  the  review,  a  number  of 
stakeholder consultations have taken place culminating in a public internet consultation at the 
beginning of 2007.  

The  results  of  the  consultations  were  fed  into  the  Impact  assessment  and  are  summarised 
below. 

2.2. 

Impact assessment  

Potential benefits of the Ecolabel scheme: 

Within a single market, a single set of guidelines benchmarking the environmental credibility 
of  products  is  the  logical  way  forward,  as  opposed  to  having  different  benchmarks  in  each 
Member  State.  An  EU-wide  scheme  makes  it  easier  for  businesses  wishing  to  market  more 
'environmentally friendly' products within the EU  and it means  consumers can purchase so-
called 'greener' products, wherever they are, safe in the knowledge that these products share 
common environmental credentials. The EU Ecolabel is the only formal scheme for the entire 
internal market - existing national or regional ecolabel schemes cover it only in part.  

If consumers, as well as private and public purchasers, are to take environmental criteria into 
consideration when they choose their products and services in the market, it is important that 
they can find easily understandable and credible criteria to enable them to distinguish the truly 
'green' products from their competitors. Ecolabels can play an important role in any package 
of measures aiming at promoting development and sales of greener products; they set a clear 
benchmark for the market and, for example, ecolabel criteria can also be included in calls for 
tender in green public procurement.  

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5 

Life  cycle  thinking  (LCT)  is  the  process  of  taking  into  account,  as  far  as  possible,  all  resources 
consumed  and  all  environmental  and  health  implications  that  are  associated  with  the  life  cycle  of  a 
product  (good  or  service),  considering  eg  the  extraction  of  resources,  production,  use,  transport, 
recycling, and waste treatment and disposal. This process helps to avoid the "shifting of burdens", i.e. of 
impacts  or  resource  consumption,  among  life  cycle  stages,  geographic  areas,  and  environmental  and 
human  health  problem  fields,  such  as  Climate  Change,  Summer  Smog,  Acid  Rain,  or  Resource 
Depletion  etc.  Life  Cycle  Assessment  (LCA)  is  the  standardised  quantitative  method  for  compilation 
and  evaluation  of  the  inputs,  outputs  and  the  potential  environmental  impacts  of  a  product  system 
throughout its life cycle (ISO 14040 ff). 
(IPP) (COM (2003) 302 final) 
(Decision No 1600/2002/EC) 
http://ec.europa.eu/environment/ecolabel/revision_en.htm  

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Success of the current scheme: 

The  Ecolabel  evaluation  and  consultation  showed  that  at  micro-level,  the  scheme  is 
successful,  as  it  helps  to  improve  the  environmental  performance  of  participating 
organisations. The consultation also showed that the original idea behind the scheme remains 
valid and desirable from the EU policy perspective. It gives EU consumers an environmental 
certification they can trust and it can give businesses the opportunity to use one label for all 
their pan-European or global marketing. 

The  EU  Ecolabel  also  provides  a  useful  benchmark  of  environmental  performance  in  other 
ways: 

– 

– 

– 

The  EVER  study6  confirms  that  the  EU  Ecolabel  criteria  are  used  even  by  non-
participating  companies,  with  more  than  half  of  such  companies  interviewed 
declaring  that  they  to  use  the  Ecolabel  to  benchmark  their  environmental 
performance, even when they do not apply for the label.  

Under  the  Eco-design  Directive  for  energy-using  products7,  any  product  which  has 
been  awarded  the  Ecolabel  is  automatically  considered  as  compliant  with  the 
implementing measures. 

EU Ecolabel criteria have also been used by other ecolabel schemes like the Austrian 
Ecolabel  or  the  Nordic  Swan.  Both  have  chosen  to  directly  adopt  the  EU  criteria 
word-for-word for some of their own product groups.  

However,  while  the  scheme  has  experienced  growth  recently  in  the  number  of  companies 
holding  licences,  there  are  still  only  26  products  groups  established  and  around  500 
companies  producing  Ecolabel  products.  With  total  sales  of  Ecolabelled  products  of  more 
than €1 billion per year, this re presents a very small fraction of the potential EU market.  

Proposed approach: 

The  impact  assessment  shows  that  the  current  scheme  is  not  achieving  its  objectives  as  it 
suffers  from  low  awareness  of  the  label  and  low  uptake  by  industry,  resulting  from  overly 
bureaucratic processes and management.  

The  following  package  of  measures  was  therefore  proposed  for  the  modification  and 
simplification of the scheme: 

– 

– 

– 

– 

– 

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Design  the  Regulation  to  fit  better  with  other  sustainable  production  and 
consumption actions  

Open up the scope of the label 

Introduce measures to encourage harmonisation with other ecolabelling schemes. 

More product groups / quicker criteria development  

Introduce a template for criteria documents to ensure they are more user-friendly 

http://ec.europa.eu/environment/ecolabel/revision_en.htm 
See http://ec.europa.eu/enterprise/eco_design/dir2005-32.htm  

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– 

– 

– 

– 

– 

– 

Incorporate guidance for Green Public Purchasing into criteria development 

Abolition of the annual fees and simplification of assessment procedures 

Peer review for Competent Bodies 

Boost marketing 

Propose mandatory environmental performance standards for products 

simplify  criteria  documents,  focusing  more  on  the  most  significant  environmental 
impacts of products, while keeping the ambition levels high. 

Expected results/objectives: 

This revision of the Ecolabel is aimed at giving the EU Ecolabel: 

– 

– 

– 

– 

– 

– 

High awareness, understanding and respect in the EU-27 and around the world. The 
medium-term  benchmark  for  success  should  be  that  the  Ecolabel  is  recognised  by 
consumers and by companies throughout the EU. 

Criteria  are  for  the  products  and  services  where  the  Ecolabel  can  provide  the  most 
benefits,  especially  product  groups  with  a  substantial  environmental  impact  and 
therefore  with  high  potential  for  improvement. (Moving from 25 product groups to 
40 -50 by 2015) 

Many more Ecolabel products on the shelves for consumers to choose from. (With a 
10% market share in product groups covered by the label) 

Criteria documents which can easily be used by public purchasers. 

An Ecolabel very well harmonised with other labels, globally and nationally. 

An  Ecolabel  that  can  be  attained  by  companies  with  limited  costs  and  efforts  for 
them while still maintaining a high ambition in order to ensure credibility of the label 
with consumers and environmental groups. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The  instrument  is  clearly  motivated  by  environmental policy considerations as laid down in 
Article  175  ECT.  This  was  already  the  legal  basis  of  Regulation  (EC)  No  1980/2000  on  a 
revised Community Ecolabel award scheme. 

3.2. 

Subsidiarity and proportionality 

This proposal for a Ecolabel Regulation sets the framework for setting benchmarks at the EU 
level  for  the  good  environmental  performance  of  products  based  on  technical  criteria.  The 
proposal then provides a framework for companies wishing to demonstrate that they meet the 
criteria to do so under the supervision of Member States. 

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3.3. 

Choice of instruments 

A Regulation of the European Parliament and the Council appears to be the obvious choice, 
given  the  need  for  clear  and  common  rules  on  the  operation  of  the  scheme  throughout  the 
Community.  In  the  past  the  European  Ecolabel  award  scheme  had  always  been  based  on 
Regulations  (No  880/1992  and  No  1980/2000).  There  is  no  change  in  the  framework 
conditions for the operation of the scheme that would justify a change of instrument. 

4. 

BUDGETARY IMPLICATION 

See financial fiches in annex. 

5. 

ADDITIONAL INFORMATION 

5.1. 

Simplification 

This  proposal  delivers 
Simplification Rolling Programme, see COM (2008)33. 

the  relevant  commitment  undertaken 

in 

the  Commission's 

It is not possible to quantify the total administrative costs, including costs to public authorities 
of administering the scheme, because we are dealing with a voluntary instrument where costs 
to  a  large  extent  depend  on  the  uptake  by  industry  and  the  associated  costs  of  market 
surveillance of the conformity of those using the label. 

It  is  also  possible  to  look  at  the  impact  of  the  selected  micro-options  on  the  administrative 
costs  of  individual  procedures.  It  also  needs  to  be  emphasised  that  according  to  the  strict 
Commission definition of administrative costs, the Ecolabel Regulation does not impose any 
administrative costs on companies because it is a voluntary scheme where companies are free 
or not to participate. 

Design Regulation to better fit into the other sustainable production and consumption actions 
of  the  Commission  will  mean  that  synergies  between  different  product  related  policy 
instruments  can  be  enhanced  and  therefore  mean  that  there  is  a  harmonisation  of  the 
framework  in  which  criteria  are  presented.  This  will  reduce  the  administrative  burden  on 
companies. 

Introducing  measures  to  encourage  harmonisation  with  other  ecolabelling  schemes:  For 
companies  wishing  to  apply  for  more  than  one  ecolabel,  harmonising  measures  can  only 
reduce  their  administrative  burden.  Costs  of  tests  could  be  reduced  by  100%  if  one  label  is 
already held as no additional testing or verification would be required. This reduced financial 
burden may be particularly interesting for small and medium sized enterprises. 

More  product  groups  /  quicker  criteria  development:  Simplified  procedure  for  criteria 
development  would  reduce  costs  for  all  parties  involved  (less  meetings  to  attend)  but 
development of more product groups clearly has an associated cost. 

One of the aspects of the option "modify the scheme" will be allowing work that has already 
been done by others to be used more easily by the Ecolabel – for example by Member States' 
national  labels,  by  the  Global  Ecolabelling  Network  or  in  the  context  of  other  Commission 
work such as  that of  the  Energy  Using Products Directive or new  Sustainable  Consumption 

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and  Production  Action  Plan.  This  will  save  time  and  money  because  developing  Ecolabel 
criteria in isolation will be avoided. 

Introduce  a  template  for  criteria  documents  to  ensure  they  are  more  user-friendly:  Making 
criteria  documents  standardised  and  more  user-friendly  will  mean  reduced  administrative 
burden for companies and purchasing bodies using criteria for technical specifications. 

Incorporate  guidance  for  Green  Public  Purchasing  into  criteria  development:  As  already 
indicated  in  the  previous  point,  procurement  officers  will  have  easier  access  to  EU-wide 
harmonised criteria and companies will have a level playing field if the same criteria are used 
across Europe in technical specifications for contracts. Member States will also save money 
because the same criteria can be used for eco-labelling and public purchasing. 

Abolition of annual fees: The current direct income for competent bodies from fees is around 
€1million per year in EU 27. This direct income  will be lost if fees are abolished, however the 
administrative  burden  will  be  reduced  for  companies.  The  administrative  savings  could  be 
around half a man-day per year for a company, along with the benefit of not having to pay an 
annual fee. For Member States, the administrative burden of operating the scheme will remain 
the same as the work required to administer and undertake assessment and verification in the 
current scheme will be equal to the work required to undertake market surveillance under the 
new proposals. Simpler criteria should, however, help to reduce the administration required. 

5.2. 

Repeal of existing legislation 

The existing Ecolabel Regulation (EC) No 1980/2000 will be repealed. 

5.3. 

Review/ revision / sunset clause 

A review clause is included. 

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2008/0152 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community Ecolabel scheme 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission8, 

Having regard to the opinion of the European Economic and Social Committee9, 

Having regard to the opinion of the Committee of the Regions10, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty11, 

Whereas: 

(1) 

(2) 

(3) 

The aims of Council Regulation (EC) No 1980/2000 of 17 July 2000 on a Community 
eco-label  award  scheme12  were  to  establish  a  voluntary  Community  eco-label  award 
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.  

The  experience  gained  during  the  implementation  of  Regulation  (EC)  No  1980/2000 
has shown the need to amend the Community eco-label scheme in order to increase its 
effectiveness and streamline its operation.  

In  order  to  avoid  the  proliferation  of  environmental  labelling  schemes,  and  to 
encourage  higher  environmental  performance  in  all  sectors  for  which  environmental 
impact is a factor in consumer choice, the possibility of using the Community Ecolabel 
should be extended. However, it is necessary to ensure a clear distinction between this 
Regulation  and  Council  Regulation  (EC)  No  834/2007  of  28  June  2007  on  organic 

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12 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 237, 21.9.2000, p. 1.  

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

production  and  labelling  of  organic  products  and  repealing  Regulation  (EEC)  No 
2092/9113. 

The  Community  Ecolabel  scheme  is  part  of  the  sustainable  consumption  and 
production  policy of the  Community,  which aims at reducing the  negative  impact of 
consumption  and  production  on  the  environment,  health  and  natural  resources.  The 
scheme  is  intended  to  promote  those  products  which  have  a  high  level  of 
environmental  performance  through  the  use  of  the  Ecolabel.  To  this  effect,  it  is 
appropriate  to  require  that  the  criteria  which  products  must  comply  with  in  order  to 
bear  the  Ecolabel  be  based  on  the  best  environmental  performance  achieved  by 
products on the Community market. Those criteria should be simple to understand and 
to use and should therefore be limited to the most significant environmental impacts of 
products. 

It  is  desirable  that  any  interested  party  may  lead  the  development  or  revision  of 
Ecolabel  criteria  provided  that  common  procedural  rules  are  followed  and  that  the 
process is coordinated by the Commission. In order to ensure the overall coherence of 
the  Community's  action,  it  is  also  appropriate  to  require  that  the  latest  strategic 
objectives  of  the  Community  in  the  field  of  the  environment,  such  as  Environment 
Action  Programmes,  Sustainable  Development  Strategies  and  Climate  Change 
Programmes, be taken into account in the development of the Ecolabel criteria. 

In order to simplify the Community Ecolabel scheme and to reduce the administrative 
burden  linked  to  the  use  of  the  Ecolabel,  the  assessment  and  verification  procedures 
should be replaced by a registration system. 

In order to increase the use of the Ecolabel and in order not to penalise those whose 
products meet the Ecolabel criteria, the costs of using the Ecolabel should be reduced. 

In light of the simplified procedures for use of the Ecolabel, it is appropriate to provide 
for  the  conditions  under  which  the  Ecolabel  may  be  used  and,  in  order  to  ensure 
compliance  with  those  conditions,  to  require  competent  bodies  to  undertake 
verifications and to prohibit the use of the Ecolabel where the conditions for use have 
not been complied with. It is also appropriate to require Member  States to  lay down 
the rules on penalties applicable to infringements of this Regulation and to ensure that 
they are implemented. 

It  is  necessary  to  raise  public  awareness  of  the  Community  Ecolabel  through 
promotion actions in order to make consumers aware of the meaning of the label and 
to enable them to make informed choices. 

In order to facilitate the marketing of products bearing environmental labels at national 
and  Community  level  and  to  avoid  confusing  consumers,  it  is  also  necessary  to 
enhance  the  coherence  between  the  Community  Ecolabel  scheme  and  national 
Ecolabel schemes in the Community. 

(11) 

In  order  to  ensure  a  harmonised  application  of  the  registration  system  and  of  the 
market surveillance and control of the use of the Ecolabel throughout the Community, 
competent bodies should take part in a peer evaluation system. 

13 

OJ L 189, 20.7.2007, p. 1 

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(12)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission14. 

(13) 

In particular, the Commission should be empowered to adopt the criteria that products 
must  comply  with  in  order  to  bear  the  Ecolabel  and  to  amend  the  Annexes  to  this 
Regulation. Since those measures are of general scope and are designed to amend non-
essential  elements  of  this  Regulation,  inter  alia  by  supplementing  it  with  new  non-
essential elements, they must be adopted in accordance with the regulatory procedure 
with scrutiny provided for in Article 5a of Decision 1999/468/EC.  

(14)  For  reasons  of  clarity  and  legal  certainty,  Regulation  (EC)  No  1980/2000  should 

therefore be replaced by this Regulation. 

(15)  Appropriate  transitional  provisions  should  be  provided  to  ensure  a  smooth  transition 

between Regulation (EC) No 1980/2000 and this Regulation, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This  Regulation  lays  down  rules  for  the  establishment  and  application  of  the  Community 
Ecolabel scheme. 

Article 2 
Scope 

This  Regulation  shall  apply  to  any  goods  or  services  which  are  supplied  for  distribution, 
consumption or use on the Community market whether in return for payment or free of charge 
(hereinafter " product"). 

Concerning  food  products  as  defined  in  Article  2  of  Regulation  (EC)  No  178/2002  of  the 
European  Parliament  and  of  the  Council15,  it  shall  only  apply  to  processed  food  and  to  the 
products of fishing and aquaculture. 

For the purposes of this Regulation, the following definitions shall apply: 

Article 3 
Definitions 

1. 

14 
15 

"product group" means a set of goods or services that serve similar purposes and are 
similar in terms of use and consumer perception. 

OJ L 184, 17.7.1999, p. 23. 
OJ L 31, 1.2.2002, p. 1 

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2. 

3. 

4. 

1. 

2. 

1. 

2. 

1. 

2. 

"consumer" means any natural or legal person that purchases or receives a product on 
the market either for use or consumption, or for manufacturing or distribution. 

"environmental  impact"  means  any  change  to  the  environment  resulting  wholly  or 
partially from a product during its life cycle. 

"environmental  performance"  means  the  result  of  a  manufacturer's  management  of 
those characteristics of products that cause environmental impact. 

Article 4 
Competent bodies 

Each  Member  State  shall  designate the body or bodies responsible for carrying out 
the  tasks  provided  for  in  this  Regulation  (hereinafter  referred  to  as  "the  competent 
body" or "the competent bodies") and ensure that they are 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. 

The  composition  of  the  competent  bodies  shall  be  such  as  to  guarantee  their 
independence and neutrality and their rules of procedure shall be such as to ensure 
transparency  in  the  conduct  of  their  activities  as  well  as  the  involvement  of  all 
interested parties.  

Article 5 
European Union Ecolabelling Board 

The Commission shall establish a European Union Ecolabelling Board (EUEB), and 
appoint its members consisting of representatives of the competent bodies referred to 
in  Article  4  and  of  representatives  of  other  interested  parties.  The  EUEB  shall 
contribute to the development and revision of the Ecolabel criteria and to the review 
of the implementation of the Community Ecolabel scheme. It shall also provide the 
Commission  with  advice  and  assistance  in  these  areas  and,  in  particular,  issue 
recommendations on minimum environmental performance requirements.  

The Commission shall ensure that, in the conduct of its activities, the EUEB observes 
a balanced participation of all relevant interested parties concerned with each product 
group, such as competent bodies, manufacturers, retailers, importers, environmental 
protection groups and consumer organisations. 

Article 6 
General requirements for the Ecolabel criteria 

The Ecolabel criteria shall be based on the environmental performance of products, 
taking into account the latest strategic objectives of the Community in the field of the 
environment.  

The environmental performance of products shall be determined on the basis of the 
best performing products on the Community market. To this end, the most significant 
environmental impacts during the life cycle of products, in particular the impact on 

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climate change, impact on nature and biodiversity, energy and resource consumption, 
generation  of  waste,  emissions  to  all  environmental  media,  pollution  through 
physical effects and use and release of hazardous substances, shall be considered. 

The  Ecolabel  criteria  shall  set  out  the  environmental  requirements  that  a  product 
must fulfil in order to bear the Ecolabel. 

In  setting  the  environmental  requirements,  consideration  shall  be  given  to  the  net 
environmental  balance  between  the  environmental  benefits  and  burdens,  including 
health and safety aspects, at the various life stages of the products being considered. 

Those criteria shall include requirements intended to ensure that the products bearing 
the Ecolabel function adequately in accordance with their intended use. 

The  Ecolabel  criteria  shall  take  into  account  the  criteria  established  for  other 
environmental labels where they exist for that product group. 

3. 

4. 

5. 

6. 

Article 7 
Development and revision of the Ecolabel criteria 

1. 

Following  consultation  of  the  EUEB,  the  Commission  shall  establish  and  lead  the 
development or revision of the Ecolabel criteria.  

Following  consultation  of  the  EUEB,  Member  States,  competent  bodies  and  other 
stakeholders may also initiate and lead the development or revision of the Ecolabel 
criteria.  

The  party  which  initiates  and  leads  the  development  or  revision  of  the  Ecolabel 
criteria  shall,  in  accordance  with  the  procedure  set  out  in  Annex  IA,  establish  the 
following documents:  

(a) 

a preliminary report;  

(b) 

a draft criteria proposal; 

(c) 

a technical report in support of the draft criteria proposal; 

(d) 

a final report; 

(e) 

(f) 

a manual for potential users of the Ecolabel and competent bodies; 

a manual for authorities awarding public contracts.  

2. 

Where  criteria  have  already  been  developed  under  another  Ecolabel  scheme  for  a 
product group for which no Community Ecolabel criteria have been established, any 
Member  State  in  which  the  other  Ecolabel  scheme  is  recognised  may,  after 
consultation  of  the  Commission  and  the  EUEB,  propose  those  criteria  for 
development under the Community Ecolabel scheme.  

In  such  case,  the  shortened  criteria  development  procedure  laid  down  in  Annex  IB 
may  apply  provided  that  the  proposed  criteria  have  been  developed  in  line  with 
Annex IA.  

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3. 

1. 

Where  criteria  are  developed  for  processed  food  other  than  the  products  of 
aquaculture, those criteria shall relate only to processing, transport or packaging.. 

Article 8 
Establishment of the Ecolabel criteria 

The  Commission  shall,  following  consultation  of  the  EUEB,  adopt  measures  to 
establish specific Ecolabel criteria for each product group. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 16(2). 

2. 

In the measures referred to in paragraph 1 the Commission shall: 

3. 

1. 

(a) 

(b) 

establish  requirements  for  assessing  the  compliance  of  specific  products  with 
the Ecolabel criteria; 

indicate,  where  appropriate,  the  three  key  environmental  characteristics  that 
shall be placed on the Ecolabel; 

(c) 

specify the period of validity of the criteria and of the assessment requirements. 

The  period  of  validity  of  the  criteria  and  of  the  assessment  requirements  shall  be 
specified within each set of Ecolabel criteria for each product group. 

Article 9 
Registration for use of the Ecolabel  

In order to use the Ecolabel, manufacturers, importers, service providers, wholesalers 
or  retailers  who  wish  to  use  the  Ecolabel  shall  register  with  one  of  the  competent 
bodies referred to in Article 4 in accordance with the following rules: 

(a) 

(b) 

(c) 

where a product originates in a single Member State, the registration 
shall be made with the competent body of that Member State; 

where a product originates in the same form in several Member States, 
the registration may be made  with  a competent body in one of those 
Member States; 

where  a  product  originates  outside  the  Community,  the  registration 
shall be made with a competent body in any of the Member States in 
which the product is to be or has been placed on the market. 

The Ecolabel shall have one of the forms depicted in Annex II.  

The Ecolabel may only be used in connection with products covered by a registration 
and complying with the Ecolabel criteria applicable to the products concerned.  

2. 

Applications for registration shall specify the name and address of the trader, as well 
as the product group in question and contain a full description of the product.  

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13 

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Applications for registration shall include all relevant documentation, as specified in 
the relevant Commission measure establishing Ecolabel criteria for the product group 
in question. 

The competent  body  to which an  application  for  registration  is  made may  charge a 
fee of up to € 200 for processing the registra tion. If a fee is charged, the use of the 
Ecolabel shall be conditional upon the fee having been paid in due time. 

Within  two  month  of  receipt  of  an  application  for  registration,  the  competent  body 
concerned shall check the documentation referred to in paragraph 2.  

Provided  that  the  documentation  is  complete,  the  competent  body  shall  assign  a 
registration number to each product. 

On receiving the registration number, the trader may place the label on the product. 
In such a case, the trader shall also place the registration number on the product. 

The competent body which has registered a product shall notify each registration to 
the  Commission.  The  Commission  shall  establish  a  common  register  and  update  it 
regularly. That register shall be publicly available. 

The Ecolabel may be used on the products covered by the registration and on their 
associated promotional material. 

The  registration  shall  be  without  prejudice  to  environmental  or  other  regulatory 
requirements  of  Community  or  national  law  applicable  to  the  various  life  stages  of 
the product. 

The  right  to  use  the  Ecolabel  shall  not  extend  to  the  use  of  the  Ecolabel  as  a 
component of a trademark. 

Where  the  Ecolabel  is  placed  on  processed  food  other  than  the  products  of 
aquaculture  that  do  not  fulfil  the  requirements  of  Regulation  (EC)  No  834/2007,  it 
shall be supplemented by an indication in the same visual field to the effect that the 
label  relates  only  to  the  environmental  performance  of  processing,  transport  or 
packaging of the product.   

The first subparagraph shall also apply to processed food labelled in accordance with 
Article 24 of Regulation (EC) No 834/2007. 

Article 10 
Market surveillance and control of the use of the Community Ecolabel 

Any  false  or  misleading  advertising  or  use  of  any  label  or  logo  which  leads  to 
confusion with the Community Ecolabel shall be prohibited. 

The competent body which has registered the product shall proceed to verifications 
on  a  regular  basis,  or  upon  complaint,  in  relation  to  registrations  made  with  them. 
Those verifications may take the form of random spot checks. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

1. 

2. 

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3. 

4. 

5. 

6. 

7. 

The  competent  body  which  has  registered  the  product  shall  inform  the  user  of  the 
Ecolabel of any complaints made concerning the product bearing the Ecolabel, and 
may request the user to reply to those complaints. The competent body may withhold 
the identity of the complainant from the user. 

The  user  of  the  Ecolabel  shall  allow  the  competent  body  which  has  registered  the 
product to undertake all necessary investigations to monitor the on-going compliance 
by the user with the product group criteria and Article 9.  

The  user  of  the  Ecolabel  shall  upon  request  by  the  competent  body  which  has 
registered the product grant access to the premises in which the product concerned is 
produced. 

The request may be made at any reasonable time and without notice. 

Where,  after  giving  the  user  of  the  Ecolabel  the  opportunity  to  submit  his 
observations,  the  competent  body  which  has  registered  the  product  finds  that 
products bearing the Ecolabel do not comply with the relevant product group criteria 
or that the Ecolabel is not used in accordance with Article 9, it shall prohibit the use 
of the  Ecolabel  on  those products. The user of the Ecolabel shall not  be  entitled to 
repayment of the fee set out in Article 9(3), either in whole or in part.  

The  competent  body shall without  delay inform all other competent bodies and the 
Commission of that prohibition. 

The competent body which has registered  the product shall not disclose, or use  for 
any purpose unconnected with the registration for use of the Ecolabel, information to 
which it has gained access in the course of assessing the compliance by a user of the 
Ecolabel with the rules on use of the Ecolabel set out in Article 9. 

It shall take all reasonable steps to secure the protection of the documents provided 
to it against falsification and misappropriation.  

If a competent body is made aware of a product on the market bearing the Ecolabel 
that may not be in compliance with the product group criteria and Article 9, it shall 
inform  the  Commission  and  the  competent  body  which  has  registered  the  product 
immediately. 

The competent body which has registered the product shall take the necessary steps 
to  investigate  the  compliance  of  the  product  with  the  product  group  criteria  and 
Article 9. The procedure set out in paragraph 5 shall apply. 

Article 11 
Ecolabel schemes in the Member States 

Where  Community  Ecolabel  criteria  for  a  given  product  group  have  been  published,  other 
nationally recognised Ecolabel schemes which do not cover that product group at the time of 
publication may only be extended to that product group if the criteria developed under those 
schemes are at least as strict as the Community Ecolabel criteria. 

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15 

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Article 12 
Promotion of the Ecolabel 

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

Article 13 
Peer evaluation 

In  order  to  ensure  a  harmonised  application  of  Articles  9  and  10,  competent  bodies  shall 
undergo  a  peer  evaluation.  The  peer  evaluation  shall  be  operated  on  the  basis  of  sound  and 
transparent evaluation criteria and provisions. 

The Commission shall oversee the rules and the proper functioning of the competent bodies' 
peer evaluation. The competent bodies shall communicate a report on the peer evaluation to 
the  Commission  which  shall  forward  it  for  information  to  the  EUEB  and  make  it  publicly 
available. 

Article 14 
Report 

By [set a specific date - five years from the date of publication) at the latest, the Commission 
shall submit to the European Parliament and the Council a report on the implementation of the 
Community Ecolabel scheme. The report shall also identify elements for a possible review of 
the scheme. 

Article 15 
Amendment of Annexes  

The Commission may increase the maximum fee provided for in Article 9(3) and amend the 
Annexes.  

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  shall  be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2). 

Article 16 
Committee  

The Commission shall be assisted by a Committee. 

Where  reference  is  made  to  this  paragraph,  Articles  5a  (1)  to  (4)  and  Article  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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16 

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Article 17 
Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. The 
Member States shall  notify  those  provisions to the Commission by ...  at  the latest and shall 
notify it without delay of any subsequent amendment affecting them. 

Regulation (EC) No 1980/2000 is repealed. 

Article 18 
Repeal  

Article 19 
Transitional provisions 

Regulation (EC) No 1980/2000 shall continue to apply to contracts concluded under Article 9 
thereof until the date of expiry specified in those contracts. 

Article 20 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I  

Procedure for the development and revision of the Ecolabel criteria 

A. 

STANDARD PROCEDURE 

The following documents shall be established: 

1. 

Preliminary report 

The preliminary report shall contain the following elements: 

–  Quantitative indication of the potential environmental benefits related to the product group, 
including  consideration  of  the  benefits  coming  from  other  similar  European  and  national 
ecolabel product groups; 

–  Reasoning for choice and scope of product group; 

–  Consideration of any possible trade issues; 

–  Analysis of other environmental labels’ criteria; 

–  Current laws and ongoing legislative initiatives related to the product group sector; 

–  Intra-community market data for the sector, including volumes and turnover; 

–  Current and future potential for market penetration of the Ecolabelled products; 

–  Extent  and  overall  relevance  of  the  environmental  impacts  associated  with  the  product 
group,  based  on  new  or  existing  life  cycle  assessment  studies.  Other  scientific  evidence 
may also be used. Critical and controversial issues shall be reported in detail and evaluated. 

–  References of data and information collected and used for issuing the report.  

The  preliminary  report  shall  be  made  available  on  the  Commission's  dedicated  Ecolabel 
website for comment and reference during the development of the criteria.  

2. 

Draft criteria proposal and associated technical report 

Following the publication of the preliminary report, a draft proposal and a technical report in 
support of the draft proposal shall be established. 

The draft criteria shall comply with the following requirements: 

–  they  shall  be  based  on  the  environmental  performance  throughout  the  life-cycle  of  the 
product of the best performing products on the market and correspond, as far as possible, 
to 10% of the best performing products available on the market; 

–  they  shall  be  based  on  the  most  significant  environmental  impacts  of  the  product,  be 
expressed  as  far  as  reasonably  possible  via  technical  key  environmental  performance 
indicators  of  the  product,  and  be  suitable  for  assessment  according  to  the  rules  of  this 
Regulation; 

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18 

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–  they shall be based on sound data and information, representative as far as possible of the 

entire community market; 

–  they  shall  be  based  on  life  cycle  data  and  quantitative  environmental  impacts,  where 
applicable in compliance with the European Reference Life Cycle Data Systems (ELCD); 

–  they  shall  take  into  consideration  the  views  of  all  interested  parties  involved  in  the 

consultation process; 

–  they shall guarantee harmonisation with existing legislation applicable to the product group 
technical  and  administrative 

test  methods  and 

when  considering  definitions, 
documentation; 

–  they shall take into account relevant Community policies and work done on other related 

product groups.  

The draft criteria proposal shall be written in a way that is easily accessible to those wishing 
to use them. It shall provide justification for of each criterion and explain the environmental 
benefits related to each criterion. 

The technical report shall include at least the following elements: 

–  the scientific explanations of each requirement and criterion; 

–  a  quantitative  indication  of  the  overall  environmental  performance  that  the  criteria  are 
expected to achieve in their totality, when compared to that of the average products on the 
market;  

–  an  estimation  of  the  expected  environmental/economic/social  impacts  of  the  criteria  as  a 

whole; 

–  the relevant test methods for assessment of the different criteria; 

–  an estimation of testing costs;  

–  for each criterion, information about all tests, reports and other documentation that shall be 

produced by users on request from a competent body under Article 10(3). 

The  technical  report  and  the  draft  criteria  proposal  shall  be  made  available  for  public 
consultation on the Commission's dedicated Ecolabel website for comment. The party leading 
the  product  group  development  shall  distribute  the  report  and  the  proposal  to  all  interested 
parties. 

At  least  two  open  working  group  meetings  shall  be  held  on  the  draft  criteria,  in  which  all 
interested  parties,  such  as  competent  bodies,  industry  (including  SMEs),  trade  unions, 
retailers,  importers,  environmental  and  consumer  organisations,  shall  be  invited.  The 
Commission shall also participate in those meetings. 

The draft criteria proposal and the technical report shall be made available at least one month 
before the first working group meeting. Any subsequent draft criteria proposal shall be made 
available at least one month before subsequent meetings. The reasoning behind any changes 
to the criteria in subsequent drafts shall be fully explained and documented with reference to 

EN 

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discussions  in  the  open  working  groups  meetings  and  comments  received  in  public 
consultation. 

Responses shall be given  to  all  comments  received during  the  criteria development process, 
indicating whether they are accepted or rejected and why.  

3. 

Final report and criteria 

The final report shall contain the following elements: 

Clear  responses  to  all  comments  and  proposals,  indicating  whether  they  are  accepted  or 
rejected and why. European Union and non-European Union interested parties shall be treated 
on an equal footing. 

It shall also include the following elements: 

–  a one page summary of the level of support for the draft criteria by the competent bodies; 

–  a summary list of all documents circulated in the course of the criteria development work, 
together with an indication of the date of circulation of each document and to whom it has 
been circulated, and a copy of the documents in question;  

–  a list of the interested parties involved in the work or which have been consulted or have 

expressed an opinion, together with their contact information; 

–  an executive summary; 

–  a proposal for a marketing and communication strategy for the product group. 

Any  observations  received  on  the  final  report  shall  be  taken  into  consideration,  and 
information on the follow-up to the comments shall be provided on request. 

4. 

Manual for potential users of the Ecolabel and competent bodies 

A  user  manual  shall  be  established  in  order  to  assist  potential  users  of  the  Ecolabel  and 
competent bodies in assessing the compliance of products with the criteria. 

5. 

Manual for authorities awarding public contracts 

A user manual providing guidance for the use of the Ecolabel criteria to authorities awarding 
public contracts shall be established. 

Note:  The  Commission  will  provide  templates  for  the  user  manual  for  applicants  and 
competent bodies and for the user manual for authorities awarding public contracts. 

B. 

SHORTENED  PROCEDURE  WHERE  CRITERIA  HAVE  BEEN  DEVELOPED  BY  OTHER 
ECOLABEL SCHEMES 

A  single  report  shall  be  submitted  to  the  Commission.  This  report  shall  include  a  section 
demonstrating that the technical and consultation requirements set out in Annex IA have been 
met, along with a draft criteria proposal a user manual for potential users of the Ecolabel and 
competent bodies, and a user manual for authorities awarding public contracts. 

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If  the  Commission  is  satisfied  that  the  report  and  criteria  meet  the  requirements  set  out  in 
Annex  IA,  the  report  and  the  draft  criteria  proposal  shall  be  made  available  for  public 
consultation on the Commission's dedicated Ecolabel website for a period of two months for 
comment. 

Responses  shall  be  given  to  all  comments  received  during  the  public  consultation  period, 
indicating  whether  each  comment  is  accepted  or  rejected  and  why.  Subject  to  any  changes 
made during the public consultation period, and if no Member State requests an open working 
group meeting, the Commission may adopt the criteria.  

Upon request from any Member State, an open working group meeting shall be held on the 
draft  criteria,  in  which  all  interested  parties,  such  as  competent  bodies,  industry  (including 
SMEs),  trade  unions,  retailers,  importers,  environmental  and  consumer  organisations,  shall 
participate. The Commission shall also participate in those meeting.  

Subject  to  any  changes  made  during  the  public  consultation  period  or  during  the  working 
group meeting, the Commission may adopt the criteria.  

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ANNEX II 

Form of the Ecolabel  

The Community Ecolabel shall have one of the following forms: 

1.

2.

Model  1.  to  be  used  where  the  Commission  has  indicated  the  three  key  environmental 
characteristics that shall be placed on the Ecolabel in accordance with Article 7. 

The Ecolabel registration number shall also appear on the product. It shall take the following 
form: 

Where XX refers to the country of registration and YYYYY refers to the registration number 
given by the competent body. 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community Ecolabel scheme 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

0703 – Implementation of Environmental Policy 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

07 01 04 01: LIFE+ (Financial Instrument for the Environment — 2007 to 2013) — 
Expenditure on administrative management  

07 03 07: LIFE+ (Financial Instrument for the Environment — 2007 to 2013) 

3.2. 

Duration of the action and of the financial impact: 

The  action  (Ecolabel  Regulation)  is  expected  to  come  into  force  in  2009.  For  the 
period  2009  –  2013,  operational  expenditure  will  be  covered  under  the  LIFE  + 
Financial instrument. 

3.3. 

Budgetary characteristics  

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

07010401 

Non-comp 

Non-
diff16 

NO 

070307 

Non-comp 

Diff/ 

NO 

NO 

NO 

YES 

YES 

No 2 

No 2 

16 

Non-differentiated appropriations hereafter referred to as NDA 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

2009 

2010

2011

2012

2013 

2014 
and 
later 

Total 

2009-
2013 

Operational expenditure17 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

0,990  4,710 

3,210 

3,210 

0,710 

- 

12,830 

0,660  3,338 

3,214 

3,410 

1,543 

0,665 

12,830 

Administrative expenditure within reference amount18 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

- 

- 

- 

- 

- 

- 

- 

0,990  4,710 

3,210 

3,210 

0,710 

- 

12,830 

0,660  3,338 

3,214 

3,410 

1,543 

0,665 

12,830 

Administrative expenditure not included in reference amount19 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

0,424 

0,940 

1,156 

1,156 

1,156 

- 

4,832 

8.2.6. 

e 

0,200 

0,200 

0,200 

0,200 

0,200 

- 

1,000 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d
+e 

b+c
+d
+e 

1,614 

5,850 

4,566 

4,566 

2,066 

18,662 

1,284  4,478 

4,570 

4,766 

2,899 

0,665 

18,662 

17 
18 
19 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

(cid:59) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement20 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:59) 

Proposal has no financial implications on revenue 

20 

See points 19 and 24 of the Interinstitutional agreement. 

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(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]
21 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2009 

2010 

2011 

2012 

2013 

2014 
and 
later 

Total  number  of  human 
resources 

5 

13 

15 

15 

15 

15 

Currently, 3,5 AD -grades, and 1 AST-grade are working on the Ecolabel within DG ENV.  

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  overall  objective  of  this  revised  Regulation  is  to  better  encourage  the  sustainable 
production and consumption of products, and the sustainable provision and use of services, by 
setting  benchmarks  for  the  good  environmental  performance  of  products  and  services.  By 
guiding  consumers  towards  them,  the  Ecolabel  should  promote  those  products  and  services 
that have met these benchmarks compared to others in the same category.  

The Ecolabel scheme will better define these benchmarks of good environmental performance 
based on the top performers in the market at the time of criteria definition. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Within a single market a single set of guidelines benchmarking the environmental credibility 
of  products  is  the  logical  way  forward,  as  opposed  to  having  different  benchmarks  in  each 

21 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

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Member  State.  EU-wide  scheme  makes  it  easier  for  businesses  wishing  to  market  more 
"environmentally friendly" products within the EU and it means consumers can purchase so-
called "greener" products wherever they are, safe in the knowledge that these products share 
common  environmental  credentials.  The  EU  Ecolabel  is  the  only  such  label  for  the  entire 
internal market - existing national or regional Ecolabel schemes cover it only in part. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The overall objectives of the revision of the scheme are: 

1. 

2. 

3. 

To  encourage  the  sustainable  production  and  consumption  of  products,  and  the 
sustainable  provision  and  use  of  services,  by  setting  benchmarks  for  good 
environmental  performance.  By  guiding  consumers  towards  them,  the  Ecolabel 
should  promote  those  products  and  services  that  have  met  these  benchmarks 
compared to others in the same category. 

The revised Ecolabel scheme needs to be designed in a way to ensure that is usable 
as  an  integral  and  effective  part  of  the  wider  Sustainable  Consumption  and 
Production  policy  framework  of  the  European  Commission.  The  new  Regulation 
needs  flexibility  to  link  easily  with  other  instruments,  such  as  GPP,  EMAS,  Eco-
design, ETAP, etc. 

A  much  more  influential  Ecolabel  in  terms  of  supporting  other  SCP  policies  and 
setting  benchmarks  for  good  environmental  performance  for  policy  makers,  for 
companies or for educating the public. 

Operational objectives are: 

•  High  awareness,  understanding  and  respect  in  the  EU-27  and  around  the  world.  The 
medium-term  benchmark  for  success  should  be  that  the  Ecolabel  is  recognised  by 
consumers and by companies throughout the EU at a similar level to the recognition of the 
Blue Angel or Nordic Swan in their respective countries of operation. 

Indicators: 

–  % of population that know the Ecolabel and its meaning within ten years 

–  % of companies that know the Ecolabel within ten years 

•  Building up trust in the label and maintaining its credibility is also vital. The label must be 

a highly respected benchmark of environmental performance. 

Indicator: 

–  Level of credibility when compared with other environmental labels 

•  Criteria are needed for all products and services where the Ecolabel can provide benefits, 
especially product groups with a substantial environmental impact and therefore with high 
potential for improvement. 

EN 

27 

   EN 

Indicator:  

–  Number of product groups; number of companies per product group; number of items sold 

per product group; sales volume per product group. 

•  Many more Ecolabel products on the shelves for consumers to choose from; 

Indicator: 

–  Ecolabel sales as a percentage of total retail sales in this product group. 

•  Criteria documents which can easily be used by public purchasers and policy makers. 

Indicators:  

–  Use  and  uptake  of  Ecolabel  criteria  by  public  purchasers  monitored  by  questioning 

Member States, also hits on GPP website and on Ecolabel criteria documents. 

–  Number of policies that can be attributed to having used the Ecolabel product information 

work. 

•  An Ecolabel very well harmonised with other labels, globally and nationally. 

Indicator: 

–  Frequency of national labelling schemes directly taking on the Ecolabel criteria. 

•  An  Ecolabel  that  can  be  attained  by  companies  with  limited  costs  and  efforts  for  them 
while  still  maintaining  a  high  ambition  in  order  to  ensure  credibility  of  the  label  with 
consumers and environmental groups. 

Indicator: 

–  Number of registrations 

5.4.  Method of Implementation (indicative) 

(cid:59)  Centralised Management 

(cid:59) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

EN 

28 

   EN 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Several measures will allow the monitoring and implementation of the scheme and to evaluate 
the success of the Ecolabel Regulation: 

•  The  Commission  will  continue  using  the  Eurobarometer  surveys  to  get  data  on  public 

awareness of and trust in the Ecolabel. 

•  The  service  contract  for  the  collection  of  statistical  information  on  Green  Public 
Procurement  which  is  currently  being  prepared  by  the  Commission  includes  reference  to 
EU-wide Ecolabel criteria. This work will provide input on the use and uptake of Ecolabel 
criteria by public purchasers. 

•  The  annual  statistics  exercise  will  continue  as  before:  Competent  Bodies  are  asked  to 
provide  information  on  the  volume  of  sales  of  Ecolabelled  products,  the  number  of 
Ecolabelled products, the fees received from registered users and the resources (staff and 
money) dedicated to the scheme. 

•  On  a  continuous  basis,  the  Competent  Bodies  will  report  any  new  registrations  to  the 
Commission,  which  will  continue  to  publish  them  on  the  internet  in  the  so-called  green 
store (www.eco-label.com). 

•  The  regular  meetings  with  Member  States  and  stakeholders  will  also  continue  to  be  a 

source of information on the implementation of the scheme. 

•  The  proposed  new  peer  review  mechanism,  aimed  at  ensuring  and  monitoring  a 
harmonised  implementation  of  the  Ecolabel  Regulation  will  make  the  way  the  different 
Competent  Bodies  deal  with  issues  of  assessment  and  verification  of  applications  by 
companies more transparent. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The impact assessment undertaken on the Ecolabel Regulation shows that the current scheme 
is unable to achieve its objectives as it suffers from low awareness of the label and low uptake 
by industry, resulting from overly bureaucratic processes and management.  

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

EN 

29 

   EN 

 
 
6.2.3.  Terms and frequency of future evaluation 

The draft proposal will contain a review clause.  

7. 

ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21, as well as of the 
principles  of  the  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial 
Regulation applicable to the general budget of the European Communities. 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present  proposal  are 
implemented,  the  financial  interests  of  the  Community  are  protected  by  the  application  of 
preventive  measures  against  fraud,  corruption  and  any  other  illegal  activities,  by  effective 
checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by 
effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, 
Euratom)  No  2988/95  and  (Euratom,  EC)  No  2185/96,  and  with  Regulation  (EC)  No 
1073/1999 of the European Parliament and of the Council. 

EN 

30 

   EN 

8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings 
of 
Objectives,  actions  and 
be 
outputs 
provided) 

should 

Type of 
output 

Av. 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

2009 

2010 

2011 

2012 

2013 

2009-2013 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Objective  1  development  of  product 
group criteria 

Action 1 studies supporting criteria development 

0,050 

Sub-total Action 1 

Action 2 support to involvement of civil society 
groups 

0,070 

Sub-total Action 2 

Action 3 translation of criteria documents 

0,020 

Sub-total Action 3 

3 

3 

3 

3 

5 

5 

0,150 

0,150 

0,210 

0,210 

3 

3 

3 

3 

0,150 

0,150 

0,210 

0,210 

3 

3 

3 

3 

0,150 

0,150 

0,210 

0,210 

3 

3 

3 

3 

0,150 

0,150 

0,210 

0,210 

3 

3 

3 

3 

0,150 

15 

0,750 

0,150 

15 

0,750 

0,210 

15 

1,050 

0,210 

15 

1,050 

0,100 

16 

0,320 

16 

0,320 

16 

0,320 

16 

0,320 

69 

1,380 

0,100 

16 

0,320 

16 

0,320 

16 

0,320 

16 

0,320 

69 

1,380 

Sub-total Objective 1 

0,460 

0,680 

0,680 

0,680 

0,680 

3,180 

EN 

31 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Objective 2 Marketing  

Promotional & awareness raising 
activites 
the  EU 
to  support 
Ecolabel  Scheme  &  new  logo 
(producers,  retailers,  consumers, 
GPP)  

Action 1 

0,50  

4,00  

2,50  

2,50  

- 

9,500 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

Sub-total Action 1 

0 

0,500 

0 

4,000 

0 

2,500 

0 

2,500 

0 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

9,500 

Website 

Action 2 

0,015 

Sub-total Action 2 

Action 3 

2 

2 

0,030 

0,030 

2 

2 

0,030 

0,030 

2 

2 

0,030 

0,030 

2 

2 

0,030 

0,030 

2 

2 

0,030 

0,150 

0,030 

0 

0,150 

0,000 

0,000 

0,000 

0,000 

0,000 

Sub-total Action 3 

0 

0,000 

0 

0,000 

0 

0,000 

0 

0,000 

0 

0,000 

Action 4 - 

Sub-total Objective 2 

0,530 

4,030 

2,530 

2,530 

Sub-total Action 4 

0 

0,000 

0 

0,000 

0 

0,000 

0 

0,000 

0 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,030 

0 

0 

0 

0 

0,000 

0,000 

0,000 

0,000 

9,650 

TOTAL COST 

0,990 

4,710 

3,210 

3,210 

0,710 

12,830 

EN 

32 

EN 

 
  
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using 
existing and/or additional resources (number of 
posts/FTEs) 

2009 

2010 

2011 

2012 

2013 

1 

2 

2 

2 

3 

8 

3 

4 

8 

3 

4 

8 

3 

4 

8 

Officials 
or 
temporary 
staff (XX 
01 01) 

A*/AD 

B*, 
C*/AST 

END  staff  financed 
by art. XX 01 02 

Other staff financed by 
art. XX 01 04/05 

TOTAL 

5 

13 

15 

15 

15 

8.2.2.  Description of tasks deriving from the action 

Overall  management  of  the  scheme,  development  and  revision  of  product  group  criteria, 
management of marketing.  

In order for the Ecolabel to be successful, a major Marketing push will be necessary once the 
new  Regulation  is  adopted.  This  will  be  done  in  the  framework  of  wider  pan-european 
campaign on green consumption and production in partnership with Member States, business 
and NGOs.  

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:59) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

EN 

33 

   EN 

 
  
  
  
  
  
  
  
  
 
 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies22 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

2009 

2010 

2011 

2012 

2013 

2014 and 
later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02 (ENDs) 

(specify budget line) 

0,351 

0,585 

0,819 

0,819 

0,819 

0,819 

0,10116 

0,40464 

0,40464 

0,40464 

0,40464 

0,40464 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.45216 

0.98964 

1.22364 

1.22364 

1.22364 

1.22364 

22 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

The standard salary for 1 official or temporary staff as foreseen in Point 8.2.1 is 0.117 M€. 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

The standard salary for END as foreseen in Point 8.2.1 is 0.05058 M€. 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

2009 

2010 

2011 

2012 

2013 

XX 01 02 11 01 – Missions 

0,020 

0,020 

0,020 

0,020 

0,020 

XX 01 02 11 02 – Meetings & Conferences 

0,090 

0,090 

0,090 

0,090 

0,090 

XX 01 02 11 03 – Committees23  

0,090 

0,090 

0,090 

0,090 

0,090 

2014 
and 
later 

2009 - 
2013 

0,100 

0,450 

0,450 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

0,200 

0,200 

0,200 

0,200 

0,200 

1,000 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0,200 

0,200 

0,200 

0,200 

0,200 

1,000 

23 

 C12000 - Committee for the adaptation to technical progress and application of the Community award 
scheme for an eco-label (ECO-LABEL). 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation - Other administrative expenditure not included in reference amount 

20 missions at a unit cost of 1 000 € are calcu lated per year for product group development, 
participation in meetings with MS and other ecolabel schemes (Global Ecolabelling network). 

6 meetings of a Regulatory Committee and preparatory meetings for that Committee at a unit 
cost of 30 000 € are calculated per year.  

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints. 

EN 

36 

   EN