Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance)

Article 1

Subject matter

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

Article 2

Scope

Article 3

Definitions

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

Article 4

Competent bodies

Article 5

European Union Ecolabelling Board

Article 6

General requirements for EU Ecolabel criteria

EU Ecolabel criteria shall be determined on a scientific basis considering the whole life cycle of products. In determining such criteria, the following shall be considered:

(a) the most significant environmental impacts, in particular the impact on climate change, the 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;

(b) the substitution of hazardous substances by safer substances, as such or via the use of alternative materials or designs, wherever it is technically feasible;

(c) the potential to reduce environmental impacts due to durability and reusability of products;

(d) the net environmental balance between the environmental benefits and burdens, including health and safety aspects, at the various life stages of the products;

(e) where appropriate, social and ethical aspects, e.g. by making reference to related international conventions and agreements such as relevant ILO standards and codes of conduct;

(f) criteria established for other environmental labels, particularly officially recognised, nationally or regionally, EN ISO 14024 type I environmental labels, where they exist for that product group so as to enhance synergies;

(g) as far as possible the principle of reducing animal testing.

Before developing EU Ecolabel criteria for food and feed products, as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (³), the Commission shall undertake a study, by 31 December 2011 at the latest, exploring the feasibility of establishing reliable criteria covering environmental performance during the whole life cycle of such products, including the products of fishing and aquaculture. The study should pay particular attention to the impact of any EU Ecolabel criteria on food and feed products, as well as unprocessed agricultural products that lie within the scope of Regulation (EC) No 834/2007. The study should consider the option that only those products certified as organic would be eligible for award of the EU Ecolabel, to avoid confusion for consumers.

The Commission shall decide, taking into account the outcome of the study and the opinion of the EUEB, for which group of food and feed, if any, the development of EU Ecolabel criteria is feasible, in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).

Article 7

Development and revision of EU Ecolabel criteria

Following consultation of the EUEB, the Commission, Member States, competent bodies and other stakeholders may initiate and lead the development or revision of EU Ecolabel criteria. Where such other stakeholders are put in charge of leading the development of criteria, they must demonstrate expertise in the product area, as well as the ability to lead the process with neutrality and in line with the aims of this Regulation. In this regard, consortiums consisting of more than one interest group shall be favoured.

The party which initiates and leads the development or revision of EU Ecolabel criteria shall, in accordance with the procedure set out in Part A of Annex I, produce the following documents:

(a) a preliminary report;

(b) a proposal for draft criteria;

(c) a technical report in support of the proposal for draft criteria;

(d) a final report;

(e) a manual for potential users of the EU Ecolabel and competent bodies;

(f) a manual for authorities awarding public contracts.

Those documents shall be submitted to the Commission and to the EUEB.

Where criteria have already been developed under another ecolabel scheme complying with the requirements of EN ISO 14024 type I environmental labels for a product group for which no EU Ecolabel criteria have been established, any Member State in which the other ecolabel scheme is recognised may, after consulting the Commission and the EUEB, propose those criteria for development under the EU Ecolabel scheme.

In such cases, the shortened criteria development procedure laid down in Part B of Annex I may apply provided that the proposed criteria have been developed in line with Part A of Annex I. Either the Commission or the Member State which, according to the first subparagraph, has proposed the shortened criteria development procedure shall lead that procedure.

Article 8

Establishment of EU Ecolabel criteria

The Commission shall, no later than nine months after consulting the EUEB, adopt measures to establish specific EU Ecolabel criteria for each product group. These measures shall be published in the Official Journal of the European Union.

In its final proposal, the Commission shall take into account the comments of the EUEB and shall clearly highlight, document and provide explanations for the reasoning behind any changes in its final proposal compared to the proposal for draft criteria following the consultation of the EUEB.

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).

In the measures referred to in paragraph 2 the Commission shall:

(a) establish requirements for assessing the compliance of specific products with EU Ecolabel criteria (‘assessment requirements’);

(b) specify, for each product group, three key environmental characteristics that may be displayed in the optional label with text box described in Annex II;

(c) specify, for each product group, the relevant period of validity of the criteria and of the assessment requirements;

(d) specify the degree of product variability allowed during the period of validity referred to in point (c).

Article 9

Award of the EU Ecolabel and terms and conditions of its use

Any operator who wishes to use the EU Ecolabel shall apply to the competent bodies referred to in Article 4 in accordance with the following rules:

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

(b) where a product originates in the same form in several Member States, the application may be presented to a competent body in one of those Member States;

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

The EU Ecolabel shall have the form depicted in Annex II.

The EU Ecolabel may only be used in connection with products complying with the EU Ecolabel criteria applicable to the products concerned and for which the EU Ecolabel has been awarded.

Applications shall specify the full contact details of the operator, as well as the product group in question and shall contain a full description of the product as well as all other information requested by the competent body.

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

Within two months of receipt of an application, the competent body concerned shall check whether the documentation is complete and shall notify the operator. The competent body may reject the application if the operator fails to complete the documentation within six months after such notification.

Provided that the documentation is complete and the competent body has verified that the product complies with the EU Ecolabel criteria and assessment requirements published according to Article 8, the competent body shall assign a registration number to the product.

Operators shall meet the costs of testing and assessment of conformity with EU Ecolabel criteria. Operators may be charged for travel and accommodation costs where an on-site verification is needed outside the Member State in which the competent body is based.

Article 10

Market surveillance and control of the use of the EU Ecolabel

The competent body shall, in respect of products to which it has awarded the EU Ecolabel, verify that the product complies with the EU Ecolabel criteria and assessment requirements published under Article 8, on a regular basis. The competent body shall, as appropriate, also undertake such verifications upon complaint. These verifications may take the form of random spot-checks.

The competent body which has awarded the EU Ecolabel to the product shall inform the user of the EU Ecolabel of any complaints made concerning the product bearing the EU 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 EU Ecolabel shall, upon request by the competent body which has awarded the EU Ecolabel to the product, grant access to the premises on 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 EU Ecolabel the opportunity to submit observations, any competent body which finds that a product bearing the EU Ecolabel does not comply with the relevant product group criteria or that the EU Ecolabel is not used in accordance with Article 9, it shall either prohibit the use of the EU Ecolabel on that product, or, in the event that the EU Ecolabel has been awarded by another competent body, it shall inform that competent body. The user of the EU Ecolabel shall not be entitled to repayment of the fees referred to in Article 9(4), 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 awarded the EU Ecolabel to the product shall not disclose, or use for any purpose unconnected with the award for use of the EU Ecolabel, information to which it has gained access in the course of assessing the compliance by a user of the EU Ecolabel with the rules on use of the EU 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.

Article 11

Ecolabelling schemes in the Member States

Article 12

Promotion of the EU Ecolabel

Member States and the Commission shall, in cooperation with the EUEB, agree on a specific action plan to promote the use of the EU Ecolabel by:

(a) awareness-raising actions and information and public education campaigns for consumers, producers, manufacturers, wholesalers, service providers, public purchasers, traders, retailers and the general public,

(b) encouraging the uptake of the scheme, especially for SMEs,

thus supporting the development of the scheme.

Article 13

Exchange of information and experiences

Article 14

Report

By 19 February 2015, the Commission shall submit to the European Parliament and the Council a report on the implementation of the EU Ecolabel scheme. The report shall also identify elements for a possible review of the scheme.

Article 15

Amendment of Annexes

The Commission may amend the Annexes, including modifying the maximum fees provided for in Annex III taking into account the need for fees to cover the costs of running the scheme.

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 procedure

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 without delay and shall notify it without delay of any subsequent amendment affecting them.

Article 18

Repeal

Regulation (EC) No 1980/2000 is hereby repealed.

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, except for its provisions concerning fees.

Article 9 (4) of and Annex III to this Regulation shall apply to such contracts.

Article 20

Entry into force

This Regulation shall enter into force on the twentieth day following 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.

ANNEX I

A. Standard procedure

The following documents must be drawn up:

1. Preliminary report

The preliminary report must contain the following elements:

— Quantitative indication of the potential environmental benefits related to the product group, including consideration of the benefits from other similar European and national or regional EN ISO 14024 type I ecolabelling schemes,

— 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,

— Analysis of the possibilities of substitution of hazardous substances by safer substances, as such or via the use of alternative materials or designs, wherever technically feasible, in particular with regard to substances of very high concern as referred to in Article 57 of Regulation (EC) No 1907/2006,

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

— Current and future potential for market penetration of the products bearing the EU Ecolabel,

— 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 EU Ecolabel website for comment and reference during the development of the criteria.

Where criteria are to be developed for food and feed product groups, the preliminary report must, with reference to the study undertaken according to Article 6(5), demonstrate the following:

— there is a real added environmental value in developing EU Ecolabel criteria for the chosen product,

— the EU Ecolabel has considered the whole life cycle of the product, and

— the use of the EU Ecolabel on the chosen product will not cause confusion when compared with other food labels.

2. Proposal for draft criteria and associated technical report

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

The draft criteria shall comply with the following requirements:

— they shall be based on the best products available on the Community market in terms of environmental performance throughout the life cycle, and they shall correspond indicatively to the best 10-20 % of the products available on the Community market in terms of environmental performance at the moment of their adoption,

— in order to allow for the necessary flexibility the exact percentage shall be defined on a case-by-case basis and in each case with the aim of promoting the most environmentally friendly products and ensuring that consumers are provided with sufficient choice,

— they shall take into consideration the net environmental balance between the environmental benefits and burdens, including health and safety aspects; where appropriate, social and ethical aspects shall be considered, e.g. by making reference to related international conventions and agreements such as relevant ILO standards and codes of conduct,

— 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,

— they shall be based on sound data and information which are 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 when considering definitions, test methods and technical and administrative documentation,

— they shall take into account relevant Community policies and work done on other related product groups.