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A green seal of approval

The ECO label is intended to promote those products, which in comparison to similar products within a defined group, are deemed to be environmentally friendly. Moreover, it is hoped the ECO seal will act as an incentive to manufacturers and service providers to produce goods and services with as little impact on the environment as possible. Polish entrepreneurs may seek to have their products designated as being environmentally friendly, pursuant to Regulation (EC) no. 1980/2000 of the European Parliament and Council of July 17, 2000. The ECO seal of approval is valid across the entire EU.

The ECO label may be applied to a defined group of goods and services, primarily household goods, such as appliances, light bulbs, paper, textiles, detergents and paints, in addition to such services as tourist accommodation. However, you won't find the ECO seal on your favourite brand of vodka or vitamins. Food, drinks, pharmaceuticals, medical devices, as well as products that are toxic or dangerous to human health or the environment, are not eligible for ECO. Moreover, the product so designated must be an end-use good as opposed to a component part. For instance, a motor located inside a dishwasher is not eligible for such designation, nor are the individual ingredients found in paint.

The criteria by which a good or service is eligible to obtain the ECO seal vary. The criteria used to judge a product are established by the Commission and the EU Eco-labelling Board, as published in the Official Journal, and are revised on a periodic basis. In general, in order to qualify, a product: must be mass produced with broad appeal, as opposed to a niche product; must not have a significant impact on the environment either in its production or use; and must be manufactured in an environmentally friendly manner in comparison to other products within the same group.

The entities eligible to apply for an ECO seal of approval include manufacturers, importers, service providers, as well as traders and retailers-the last two only provided that they introduce products to the market under their own brand names.
In Poland, the authority charged with administering the ECO program is the Polskie Centrum Badań i Certyfikacji S.A., a joint stock company located in Warsaw. The application fee ranges from E300 to R1,300 (zł.1,217 to zł.5,276), depending on the product group. Small entrepreneurs may apply for a reduced fee.

Once an ECO seal of approval is granted, the entrepreneur must sign an agreement specifying the terms and conditions of its use, including withdrawal of its use. The agreement must correspond to the draft contract included in the Commission's decision 2000/729/EC of November 10, 2000. The agreement is subject to amendment or termination if the criteria for awarding the ECO seal of approval for a given product group are revised.

An entrepreneur whose products have been awarded the ECO seal of approval may include such designation throughout the Member States without any additional registration formalities.
Please note that in lieu of applying for the ECO seal of approval, an entrepreneur may apply for an EKO label, which is valid only within Poland.

Maja Binkowska, an associate attorney, contributed to this article.

Paul Fogo is a senior attorney with Miller, Canfield, Babicki & Partners.

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