Updated 05/02/2025
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Version from: 14/11/2017
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ANNEX I

ANNEX I - Regulation 66/2010 (EU Ecolabel Regulation)

ANNEX I

PROCEDURE FOR THE DEVELOPMENT AND REVISION OF EU ECOLABEL CRITERIA

A.   Standard procedure

The following documents must be drawn up:

1.   Preliminary report

The preliminary report must contain the following elements:

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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,
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Reasoning for choice and scope of product group,
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Consideration of any possible trade issues,
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Analysis of other environmental labels' criteria,
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Current laws and ongoing legislative initiatives related to the product group sector,
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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,
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Intra-community market data for the sector, including volumes and turnover,
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Current and future potential for market penetration of the products bearing the EU Ecolabel,
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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,
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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:

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there is a real added environmental value in developing EU Ecolabel criteria for the chosen product,
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the EU Ecolabel has considered the whole life cycle of the product, and
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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:

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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,
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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,
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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,
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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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they shall be based on sound data and information which are representative as far as possible of the entire Community market,
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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),
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they shall take into consideration the views of all interested parties involved in the consultation process,
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they shall guarantee harmonisation with existing legislation applicable to the product group when considering definitions, test methods and technical and administrative documentation,
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they shall take into account relevant Community policies and work done on other related product groups.

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

The technical report shall include at least the following elements:

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the scientific explanations of each requirement and criterion,
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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,
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an estimation of the expected environmental/economic/social impacts of the criteria as a whole,
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the relevant test methods for assessment of the different criteria,
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an estimation of testing costs,
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for each criterion, information about all tests, reports and other documentation that shall be produced by users on request from a competent body in accordance with Article 10(3).

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

At least two open working group meetings shall be held on the draft criteria, to 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 proposal for draft criteria and the technical report shall be made available at least one month before the first working group meeting. Any subsequent proposal for draft criteria 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 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 draft 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:

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a one-page summary of the level of support for the draft criteria by the competent bodies,
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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 each document has been circulated, and a copy of the documents in question,
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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,
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an executive summary,
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three key environmental characteristics for the product group that may be displayed in the optional label with text box described in Annex II,
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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 EU Ecolabel and competent bodies

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

5.   Manual for authorities awarding public contracts

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

The Commission will provide templates translated into all official Community languages for the manual for potential users and competent bodies and for the manual for authorities awarding public contracts.

B.   Shortened procedure where criteria have been developed by other EN ISO 14024 type I ecolabelling 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 Part A have been met, along with a proposal for draft criteria, a manual for potential users of the EU Ecolabel and competent bodies, and a manual for authorities awarding public contracts.

If the Commission is satisfied that the report and criteria meet the requirements set out in Part A, the report and the proposal for draft criteria shall be made available for public consultation on the Commission's dedicated EU 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 pursuant to Article 8.

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 that meeting.

Subject to any changes made during the public consultation period or during the working group meeting, the Commission may adopt the criteria pursuant to Article 8.

C.   Shortened procedure for non-substantial revision of the criteria

The Commission shall produce a report containing the following:

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a justification explaining why there is no need for a full revision of the criteria and why a simple updating of the criteria and their stringency levels is sufficient,
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a technical section updating the previous market data used for the setting of the criteria,
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a proposal for draft revised criteria,
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a quantitative indication of the overall environmental performance that the revised criteria are expected to achieve in their totality, when compared to that of the average products on the market,
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a revised manual for potential users of the EU Ecolabel and competent bodies, and
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a revised manual for authorities awarding public contracts.

The report and the proposal for draft criteria shall be made available for public consultation on the Commission's dedicated EU 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 pursuant to Article 8.

Upon request from any Member State, an open working group meeting shall be held on the draft revised 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 that meeting.

Subject to any changes made during the public consultation period or during the working group meeting, the Commission may adopt the criteria pursuant to Article 8.