Notice On The European And Nordic Eco-Label

Original Language Title: Bekendtgørelse om det europæiske og det nordiske miljømærke

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116322

Overview (table of contents) Chapter 1 Purpose, etc.

Chapter 2 Administration of the European and Nordic eco-label

Chapter 3 ecolabelling Denmark

Chapter 4 eco-labelling Board.

Chapter 5 Determination, collection and administration of fees for the European and Nordic eco-label

Chapter 6 the placing on the market of eco-labels and of Swan-labelled products.

Chapter 7 appeals

Chapter 8 Penalty

Chapter 9 entry into force The full text of the Executive order on the European and Nordic eco-label

Under section 8, section 8a, section 8b, § 67, § 88, paragraph 3, section 89a and § 110, paragraphs 3 and 4, of the law on environmental protection, see. lovbekendtgørelse nr. 1757 by 22. December 2006, as well as article 1, paragraph 2 of the Act on administrative procedures, see. lovbekendtgørelse nr. 1365 by 7. December 2007 and after negotiation with the Minister of Justice shall be laid down:

Chapter 1

Purposes, etc.

§ 1. The aim of the eco-labelling of products is to promote the development, marketing and use of products which are less environmentally invasive than other similar products.

(2). The European eco-label "flower" and the Nordic ecolabel "Swan" is voluntary schemes on eco-labelling of products. By products means both goods and services.

Chapter 2

Administration of the European and Nordic eco-label

§ 2. Administration of environmental labelling schemes will be carried out by eco-labelling Denmark and of an eco-labelling Board.

(2). The schemes are administered on the basis of the applicable at any time European and Nordic rules of ordningerne1) as well as rules set out in this notice or fees and payment conditions laid down pursuant to section 10.

(3). Commission decisions on the European eco-label comes into force in Denmark at the beginning of the day, following the day in which it has come on ecolabelling Denmark's website, www.ecolabel.dk. Each announcement on the website www.ecolabel.dk must indicate what day the publication has taken place.

(4). The Nordic ecolabel Committee rules on the Nordic ecolabel and including criteria for the award of the Nordic ecolabel may exist on both Danish, Swedish and Norwegian. A rule shall enter into force at the beginning of the day, following the day in which the rule is promulgated on ecolabelling Denmark's website, www.ecolabel.dk. The proclamation shall indicate which day it has happened.

§ 3. Ecolabelling Denmark and the Danish environmental protection agency are the responsible agencies in Denmark pursuant to art. 14 of European Parliament and Council Regulation (EC) No 1782/2003. 1980/2000 on a revised system for the award of the Community eco-label.

(2). Ecolabelling Denmark is responsible for the performance of tasks in connection with the award of the European eco-label and for verification of compliance with European Parliament and Council Regulation (EC) No 1782/2003. 1980/2000.

(3). Ecolabelling Denmark responsible body in accordance with paragraph 2.2 of the Nordic Council of Ministers ' decision on the objectives and principles of the Nordic environmental labelling of 19. June 2001 and the rules in force at all times for the Nordic environmental labelling adopted by the Nordic ecolabelling board.

§ 4. Administrative procedure code shall apply to cases where there is or will be decided by ecolabelling Denmark.

Chapter 3

Ecolabelling Denmark

§ 5. The environmental protection agency enters into a performance contract with the Danish Standard of operation of ecolabelling Denmark, as a separate area of activity in the Danish Standard.

(2). The environmental protection agency concludes an agreement with Danish Standard annually on the financial framework for the forthcoming financial year on the basis of a draft drawn up by the Danish Standard.

(3). The environmental protection agency sets out requirements for financial reporting, including the deadlines for doing so.

(4). Danish Standard holds at least one annual meeting with the eueb for the eco-label schemes propulsion.

(5). Danish Standard may, for the purpose of the fulfilment of the performance contract set up a Consultative Committee of up to 8 persons, that are independent of the authorities and special interests and appointed on the basis of their skills in business, economics, management, communications and marketing, environment and consumption as well as other areas that may be relevant. The Minister may designate a member of the Committee. The Committee shall draw up its rules of procedure.

§ 6. Ecolabelling Denmark has the task, to





1) serve as the Secretariat for the eueb and implement the Committee's decisions, except in cases under section 9, nr. 6, where the environmental protection agency acts as secretariat,

2) assist the eueb to the negotiation and adoption of criteria for the award of the Nordic eco-label,

3) oversee the work on the development and revision of criteria for product groups in Nordic auspices,

4) assist the environmental protection agency in the preparation of work plans for the European eco-labelling Board and by work plans implementation,

5) assist the environmental protection agency in the preparation of proposals for new or revised set of criteria for product groups within the European eco-label,

6) organize consultation of stakeholders and independent experts as part of criteria development,

7) oversee the day-to-day operation of processing applications and granting of licenses for the European and Nordic eco-label, registration of importers of products awarded the Nordic eco-label, the levying of fees, etc.,

8) verify the license or registration holders ' fulfilment of the applicable criteria and conditions, including withdrawal of license or registration for use of the European and Nordic eco-label,

9) monitor and respond across from the illegal use of the European and Nordic eco-label,

10) placing the European and Nordic eco-label, as well as conduct campaigns and other communication activities,

11) make sure that the rules in force at any time for the European and Nordic eco-label, as well as fee rates are always available on ecolabelling Denmark's website www.ecolabel.dk.





Chapter 4

Eco-labelling Board.

§ 7. The Minister shall set up an eco-labelling Board.

(2). Eco-labelling Committee's purpose is to promote the dissemination of the European and Nordic ecolabel. Eueb shall help to ensure knowledge of the European and Nordic eco-label with producers, importers, retailers, etc.., as well as professionals and private consumers. The eco-label, the Committee must work to ensure that eco-labelling schemes are developed on a professional, technical and environmental high level in accordance with the existing and new environmental knowledge as well as the turnover of eco-labelled products is increasing.

§ 8. Eueb shall consist of a Chairman and up to 10 members, as well as, possibly, a Vice-Chairman of the basic regulation. (5). President and members appointed by the Minister for the environment, which also appoint alternates for all members. The Tribunal examined composed in such a way that it has a comprehensive knowledge of business relations, communications and marketing, technology, environment, health and safety, consumer information and public procurement. The aim is that trade and industry as well as environmental and consumer interests are equitably represented in the Committee. The following organisations and authorities set up as follows:





1) Danish Industry sets 1 member and 1 alternate

2) Danish Occupation sets 1 member and 1 alternate

3) Danmarks naturfredningsforening sets 1 member and 1 alternate

4) Consumer Council set 1 member and 1 alternate

5) National Organization in Denmark sets 1 member and 1 alternate

6) State and local Government Procurement Service a/s set 1 member and 1 alternate

7) economic and Business Affairs sets 1 member and 1 alternate

8) Ministry of climate and energy sets the 1 member and 1 alternate

9) Ministry of environment sets 1 member and 1 alternate.





(2). The Minister shall designate a retail chain with an active ecological policy to set the 1 member and 1 alternate.

(3). The Ministry of employment participates with a non-voting representative in the Committee's meetings.

(4). The Minister may appoint up to a total of 4 organisations to participate in the Committee's work, without the right to vote on the recommendation of the Board.

(5). The Minister for the environment may 1 year after the appointment of the President appoint a Vice-President upon the recommendation of the Board.

(6). The Chairman shall be independent of the authorities and industry organizations.

(7). The Board's Chairman, Vice-Chairman and members appointed in accordance with paragraphs 2 and 5, are appointed for a 3-year period. Genudpegning can take place.

(8). The Minister may grant a derogation from the rules above.

§ 9. Eco-labelling Committee's task is to





1) establish the Board's mandate for the negotiation of the criteria and guidelines for the Nordic eco-label,

2) negotiate about the Nordic ecolabel Committee mandate on Denmark's behalf by the President or alternate for this,

3) assess the criteria sets and advise the environmental protection agency on the negotiating mandate for the European eco-label,

4) promote coordination between the European and Nordic eco-label,


5) advise ecolabelling Denmark and Danish Standard in matters of principle relating to the administration of eco-labelling schemes URf.eks. prioritization of product groups, communication and marketing, control strategy, etc.,

6) process and make final decision in complaining about eco-labelling Denmark's decisions,

7) process and make recommendations to the ecolabelling Denmark concerning the fixing of fees and draft an annual action plan for eco-label work.





Chapter 5

The determination, collection and administration of fees for the European and Nordic eco-label

§ 10. Within the framework of the rules referred to in article 2, paragraph 2, and after consultation with the eueb shall determine the size of an ecolabelling Denmark fee as well as the conditions for payment thereof in connection with application for and use of the European and Nordic ecolabel. Ecolabelling Denmark can including setting a fee for the processing of a request for extensions or changes in an obtained license.

(2). Increases and the introduction of fees in accordance with paragraph 1, shall be subject to the approval of the Minister before they can be put into force.

(3). Ecolabelling Denmark may set interest rates in connection with late payment of application fee in accordance with the rules of environmental protection law § 88, paragraph 3, and establish a separate charge for reminders about the lack of submission of annual statement and on payment of the fee.

(4). Ecolabelling Denmark can grant specific discounts on fee determined in accordance with paragraphs 1 and 2, within the limits of the rules referred to in paragraph 2.

(5). Fee rates and terms of payment shall be promulgated by a publication on ecolabelling Denmark's website www.ecolabel.dk and will enter into force at the beginning of the day, following the day in which the rate was made known on ecolabelling Denmark's website www.ecolabel.dk. Each announcement on the website www.ecolabel.dk must indicate what day the proclamation has been made.

(6). For existing licensees will enter higher rates for usage charges and new payment conditions into force 3 months after the date of entry into force in accordance with paragraph 5.

§ 11. Ecolabelling Denmark will charge fees provided for under section 10.

(2). Fee proceeds shall be applied in accordance with the Environmental Protection Act § 8, paragraph 4, as elaborated in the performance contract in force at any time between the environmental protection agency and the Danish Standard.

Chapter 6

The placing on the market of eco-labels and of Swan-labelled products.

§ 12. The use of any label or logo which leads to confusion with the Nordic eco-label is not allowed.

(2). Inaccurate or otherwise misleading marketing of the Nordic ecolabel or of Swan-labelled products is not permitted if this is suitable for tangibly to materially distort consumers ' economic behaviour or other operators on the market, in accordance with article 3. hereby the Danish marketing law § 3.

(3). Reference to the Nordic eco-label or the use of the mark in advertising, etc. may only take place in the context of a particular product, and only if, there is obtained the license to the mark or there has been a registration of a license and this license or registration has not expired, terminated or withdrawn.

(4). The environmental protection agency oversees ecolabelling Denmark's marketing of the European and Nordic ecolabel.

Chapter 7

Access to justice

§ 13. Ecolabelling Denmark's decisions after this notice and after the European and Nordic rules may be brought before the Tribunal of the decision, the addressee of the eco-label.

(2). Complaint shall be submitted in writing to ecolabelling Denmark within four weeks from the date of notification of the decision. Ecolabelling Denmark sends immediately after expiry of the complaint the complaint to the eueb accompanied by interlocutory and the material that has been signed by their rating.

§ 14. Decisions of the Board cannot be brought before the eco-label for other administrative authority.

Chapter 8

Penalty

§ 15. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the





1) makes use of a marker, which can lead to confusion with the Nordic eco-label,

2) makes use of inaccurate or otherwise misleading marketing of the Nordic ecolabel, see. Article 12, paragraph 2,

3) using or referring to the European or Nordic ecolabel eco-label without having a license for the product or even though eco-label license for the product is not registered in Denmark, see. art. 9 in European Parliament and Council Regulation (EC) No 1782/2003. 1980/2000 and paragraph 3 and 5 by contrast in the Nordic ecolabel Committee rules by 12. December 2001 for the Nordic environmental labelling of products, or

4) makes use of the label or logo which leads to confusion with the Community eco-label regulation. Article 9, paragraph 2, of the European Parliament and Council Regulation (EC) No 1782/2003. 1989-2000.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 9

Date of entry into force of

§ 16. The notice shall enter into force on 27 November. April 2008,

(2). The 27. April 2008 repealed Executive Order No. 700 by 26. June 2001 concerning the European and Nordic ecolabel.

§ 17. Decisions, including decisions about assigned licenses or registrations taken pursuant to bekendtgørelse nr. 700 by 26. June 2001 concerning the European and Nordic eco-label, as well as standard contracts concluded before the 27. April 2008 retain their validity. 2) Infringements of such decisions is punishable in accordance with the existing rules.

(2). Pending complaints on eco-labels, which were submitted for the eco-label before the date of entry into force of this order, the Committee finalized in accordance with the existing rules.

(3). Fees pursuant to the Cape. 3 and the Cape. 7 of Decree No. 700 by 26. June 2001 retain their validity until the new fees, which enters into force in accordance with article 10, paragraph 6, in this order.
The Ministry of the environment, the 18. April 2008 Troels Lund Poulsen/Anne-Marie R Official notes 1) European Parliament and Council regulation of 17. July 2000 (No. 1980/2000/EC) on a revised Community eco-label scheme and Commission decisions adopted pursuant thereto and the Nordic ecolabel Committee rules for the Nordic ecolabel pursuant to the Nordic Council of Ministers ' guidelines of 19. June 2001.

2) European Parliament and Council Regulation (EC) no 1980/2000 of 17. July 2000, OJ L 237, 21.9.2000, p. 1