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:

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.

The competent body to which an application is made shall charge fees according to Annex III. The use of the EU Ecolabel shall be conditional upon the fees having been paid in due time.

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.

Where EU Ecolabel criteria require production facilities to meet certain requirements, they shall be met in all facilities in which the product bearing the EU Ecolabel is manufactured. Where appropriate, the competent body shall undertake on-site verifications or assign an authorised agent for that purpose.

Competent bodies shall preferentially recognise tests which are accredited according to ISO 17025 and verifications performed by bodies which are accredited under the EN 45011 standard or an equivalent international standard. Competent bodies shall collaborate in order to ensure the effective and consistent implementation of the assessment and verification procedures, notably through the working group referred to in Article 13.

The competent body shall conclude a contract with each operator, covering the terms of use of the EU Ecolabel (including provisions for the authorisation and withdrawal of the EU Ecolabel, notably following the revision of criteria). To that end a standard contract shall be used in accordance with the template in Annex IV.

The operator may place the EU Ecolabel on the product only after conclusion of the contract. The operator shall also place the registration number on the product bearing the EU Ecolabel.

The competent body which has awarded the EU Ecolabel to a product shall notify the Commission thereof. The Commission shall establish a common register and update it regularly. That register shall be publicly available on a website dedicated to the EU Ecolabel.

The EU Ecolabel may be used on the products for which the EU Ecolabel has been awarded and on their associated promotional material.

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