30.8.2008   

EN

Official Journal of the European Union

C 224/1

1.1

The Committee is strongly in favour of initiatives aimed at developing a Community policy of sustainable production and consumption, fully mainstreamed into other Community policies, with a view to:

1.2

The Committee recommends adopting definitions for the concepts of ‘eco-product/service’ and ‘eco-consumption’ within the framework of sustainable development and consumption, to be valid throughout the EU and accepted internationally, using clear environmental criteria and indicators and standards that leave room for innovation and improvement.

1.3

The Committee calls on European industry and distribution and services systems to make a clear commitment to comply with an integrated sectoral approach, involving a timetable of verifiable objectives: this should incorporate the three environmental, economic and social pillars of sustainability. Environmental requirements should be factored in from the product design phase with an eye to the whole lifecycle, continually raising the bar in terms of quality, innovation and customer satisfaction targets.

1.4

The Committee recommends that companies and public and private bodies step up joint use of available Community and national instruments so as to maximise research into clean technologies and products.

1.5

The Committee would stress the need to strengthen and accelerate technical standardisation for ecological products and production processes.

1.6

The Committee calls for certainty of criteria and uniformity in minimum requirements throughout the internal market with regard to labelling systems for eco-products. This is to secure fairness in green consumer choices, uniform controls throughout the EU and respect for the principle of free movement for genuinely green products. The European Eco Label (eco flower) should be further marketed and should be able to co-exist with national and sectorial labelling systems.

1.7

The Committee believes it is important to strengthen the ‘product dimension’ in environmental management systems, so as to promote dissemination to producers and distributors, and tailor it more effectively to the management systems of local authorities, making it better able to spark synergies with other sustainable development promotion instruments.

1.8

According to the Committee, the dissemination of EMAS (the eco-management and audit scheme) should be supported. This could be achieved by means of financial and fiscal measures, administrative streamlining, promotion and marketing initiatives, recognition of EMAS as a standard of excellence, also internationally, and the adoption of measures to assist small enterprises in gradually applying the scheme.

1.9

It is essential that the performance of a product should be assessed in its entirety, i.e. on the basis not only of environmental criteria but also of other important aspects such as: performance for both consumer and producer financially and regarding safety, functionality and health protection, the rational use of resources and materials, logistics, innovative characteristics, marketing, the product's capacity to broaden consumer choice, lifecycle and social aspects.

1.10

The EESC recommends promoting the development of green public procurement (GPP) by: defining the technical characteristics of ‘green’ products, starting with those with the best environmental impact; including the cost of the product or service's lifecycle in its specifications; making a dedicated database available on line; bringing EC directives on public procurement up to date by including references to standards, EMS systems, Ecolabels, and eco-design; and lastly, publishing national action plans for the adoption of green procurement.

1.11

The Committee would reiterate the importance of using Article 153 of the EC Treaty as a legal base, as it is the best suited when it comes to securing a high level of consumer protection including the safeguarding of their right to full, correct, appropriate, comprehensible, timely information.

1.12

The Committee would argue that for the purposes of self-regulation, one possible route might be to develop a code of conduct, as provided under Directive 2005/29/EC, so as to avoid the misuse of ecological claims in advertising and, at all events, to avoid misleading advertising. This ought to work in parallel with eco-taxes and regulation. The EESC would recommend that ecological statements should rely on a trustable and recognised label.

1.13

Alongside judicial proceedings, which ought to be accessible to all, the Committee is also in favour of naming extrajudicial monitoring and conflict resolution bodies for consumers, that are flexible, efficient, low-cost and credible, so as to ensure that environmental standards for products are met and that products released onto the market comply with the principles of environmental sustainability.

1.14

The Committee, given the legislative fragmentation marking both consumer information requirements and requirements for sustainable products, would argue that there is an urgent need to start work on a single, well-defined framework in the form of a ‘European charter for sustainable consumption and production in the internal market’.

2.1

The aim of the Community eco-label award scheme (1) is that of promoting products with a minor environmental impact and providing consumers with precise and scientifically sound information. This label does not apply to food and drink, pharmaceutical products, medical devices (2) or dangerous or toxic products or substances (3).

2.1.1

The design, production, distribution and consumption of environmentally friendly products is an integral part of Community's environment policy as defined in the objectives and priorities set out in the sixth environment action programme (4), to be achieved by 2010. This programme, on which the Committee gave its opinion on a number of occasions, describes in detail plans for measures contributing to the establishment of the sustainable development strategy.

2.1.2

Of the main Community initiatives on the subject, a key position is held by integrated product policy (IPP) (5), on which the Committee issued an opinion (6), which gives consideration to all products and services having an environmental impact.

2.1.3

For the integrated product policy to be effective, it is necessary to encourage producers to make more ecological products and consumers to buy such products. Instruments that could be used to that end might include:

2.1.4

Another positive step forward was made with the introduction of a new regulatory framework on the eco-design requirements for energy-using products, governed by a 2005 framework directive (8).

2.1.5

With regard to implementation, under the framework directive, the first rules come into force in 2008. Measures concerning 20 groups of products are currently being studied (including lighting, computer systems and washing machines) and for 14 of them (including street and office lighting) measures should be established before the end of 2008; for others, such as domestic lighting systems, the target is 2009.

2.1.6

The sixth environmental action programme (9) sets out five priority avenues of strategic action: improving the implementation of existing legislation, integrating environmental concerns into other policies, working with the market, empowering people by helping them to change their behaviour favouring the demand of such people and taking account of the environment in decisions on regional land-use planning and management.

2.1.7

More generally speaking, the European sustainable development strategy, as revised by the European Council in 2006, defines ‘sustainable production and development’ as one of the key challenges, to be addressed by gearing economic and social development towards forms that are compatible with the eco-system. It also proposes a new action plan in this area.

2.1.8

The 2007 report on implementation (10) shows that sustainable consumption and production are difficult to measure in a reliable way on a broad basis. Although the number of sustainable products and services present on the market seems to be rising fast, estimated savings on the current energy bill are equivalent to approximately EUR 60 billion the year, whereas the number of products with an Eco-label remains fairly limited as does the number of EMAS registered companies. Only 14 Member States have adopted national Green Procurement plans and only 21 have completed the environmental technology action plan (ETAP) implementation road map (11).

2.2

On the other hand, in the sphere of technical standardisation, measures were launched some time ago to integrate environmental aspects into the new technical standards, creating an ‘environmental framework’ for CEN, within which its technical bodies can address environmental specifications. When the standard falls under the ‘New Approach’, this governs the presumption of conformity with basic requirements of the corresponding European directive. Further steps forward on this matter were then achieved with the adoption of the ISO 14001 environmental certification scheme.

2.3

On 10 October 2007, the European Environment Agency published its fourth report on ‘Europe's Environment’ (12), dedicating an entire chapter to ‘Sustainable consumption and production’.

2.4

Furthermore, the Commission's 2007 annual report on the state of progress of the Lisbon strategy for growth and employment put an emphasis on the importance of climate change, eco-innovations, energy efficiency, renewable energy sources and energy markets.

2.5

Lastly, the Brussels European Council on 8 and 9 March 2007 gave special attention to the subjects of the environment and climate change. The Environment Council of February 2007, meanwhile, stressed the complementarity between the EU's sustainable development strategy and the Lisbon strategy for growth and employment, and the essential contribution that the latter makes towards the priority objective of the former, while also reiterating the need to mainstream environmental aspects into all policies. This general thrust was strongly underlined by the December 2007 European Council (13).

2.6

The main objectives of the Commission's 2008 work programme (14) clearly include that of placing the citizen at the centre of the European endeavour, starting with an evaluation of the social situation alongside a review of the internal market, with constant attention to the need for the European public to make the most of the single market.

2.7

The EESC has often called for Article 153 of the EC treaty to be used as a legal base (15), as it is designed to secure consumers a high level of protection and promote their right to full (16), correct, clear, appropriate, comprehensible and timely information.

2.7.1

When it comes to derived law, consumer rights to information are governed by Directive 2005/29/EC (17) on ‘unfair commercial practices’ that could damage consumers' economic interests. The annex to this directive lists a series of commercial practices that can be considered unfair without a case by case assessment, including for instance ‘displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation’.

2.8

The Committee is however convinced that there is a degree of legislative fragmentation at Community level with regard to basic consumer information requirements, as well as the requirements for sustainable products, and considers it important to draft a ‘European charter for sustainable consumption and production in the internal market’.

2.8.1

Should the results of the implementation of this charter — and the self-regulatory codes provided for under Directive 2005/29/EC — prove insufficient, the Committee believes other options should be examined, such as for instance more complete harmonisation or the establishment of a specific Community system of an operational nature.

3.1

The Committee would argue that it is essential to start with clear and definite definitions of concepts such as ‘sustainable product’, ‘sustainable design, production and distribution’, and ‘sustainable consumption’, so as to monitor throughout the EU and the European Economic Area compliance with any Community legislative, regulatory or voluntary frameworks referring to such definitions in the various national/regional spheres.

3.2

These definitions, commonly accepted at international level, are not static but are by their nature subject to continual improvement. In the Committee's view, however, they must be fleshed out with:

3.2.1

The Committee would argue that the definitions suggested above, bolstered by appropriate indicators and standards, are essential for an effective Community policy that can enable informed consumers to be sustainable in their choices and behaviour, where production processes take care of the environment.

3.3

As the Commission itself has underlined, ‘European industry is already well positioned to build on its strong position in the market for new products, services and processes, based on environmental technologies. In addition, European companies are more and more sensitive to environmental performance as part of their corporate social responsibility approaches’ (21).

3.3.1

The Committee agrees on the three areas of development set out in this respect: stimulating the development and commercialisation of low carbon and energy efficient technologies, products and services; creating a dynamic internal market; developing global markets low carbon and energy efficient technologies, products and services.

3.3.2

The Committee would reiterate its position already set out in a recent opinion ‘Top performances in the scientific and technical field, and their conversion into a competitive, economic force, are essential preconditions to safeguarding our future, for example with regard to energy and climate issues, preserving and improving our current global position, and developing rather than jeopardising the European social model’ (22).

3.3.3

According to the Committee, a more integrated approach is necessary, so as to overcome the difficulties and obstacles to joint, coordinated use of all possible financial instruments (23) at European, national, regional and local level and by individual operators, for the development of clean and efficient technologies and innovative applications able to generate processes, products and services with a high level of sustainability.

3.3.4

The Committee believes that an inter-DG Community initiative for coordination and technical assistance is necessary to optimise joint use of the Community, European and national instruments available so as to maximise efforts in the area of research and innovation both in companies and public and private bodies, for the purposes of environmental protection, in the sphere of the European Area for Research and Innovation.

3.3.5

As has been stated on many occasions by the Committee (24), the Commission, the Council and the European Parliament, it is essential to cut the red tape that slows companies down (notably SMEs), so as to unlock the economic and social potential of businesses and direct it towards the sustainable modernisation of production and organisational context and structures.

3.4

The EU launched the eco-labelling system for products to boost environmentally sound production in 1997. It was then extended to services and has grown over the years. It also includes multicriteria public labels applied to groups of products/services (25).

3.4.1

The Committee would argue that this situation can sow confusion among producers and above all among European consumers, and that the answer is a streamlined system of minimum common criteria established at European level, setting up compulsory registration and verification for labels by an independent certifying body.

3.4.2

The labelling at a European level should not compete but co-exist with the national and sectorial labels which are sometimes more known to the consumer then the European labelling. Furthermore, there ought to be coordination on an international level with labels which have proven to be successful such as the Energy Star.

3.4.3

It is imperative that the labels are trusted and inspire confidence in the consumer. For this reason the standards setting of such labels and the monitoring of the market should be entrusted to the stakeholder (all of them) so as to be more credible.

3.4.4

It may be pertinent to start looking into labelling of products or services to identify their carbon print.

3.5

With regard to the EMAS voluntary system, which enables those wishing to show that they are improving their environmental performance to opt in on a Community eco management and eco audit system; thus demonstrating their willingness to respect environmental standards and their commitment to adopting an ecological management system, the Committee would argue that after adopting ISO standard 14001 it will be possible to strengthen the ‘product dimension’ of environmental management schemes to facilitate greater dissemination among producers and distributors and to adjust it to process management in local authorities and make it more open to synergies with instruments for the promotion of sustainable development.

3.5.1

According to the Committee, it would be worthwhile supporting the dissemination of EMAS by means of financial, fiscal, streamlining and administrative measures, publicity and marketing initiatives, and through recognition of EMAS as a ‘standard of excellence’ also at international level, with the possibility of helping SMEs to take a gradual approach, not least in the sphere of industrial clusters.

3.6

The Committee considers it absolutely essential to develop a ‘green market’ for products and services, by introducing a series of incentives and instruments designed on the supply side to encourage innovation, and on the demand side to provide consumers with appropriate information or incentives to buy more environmentally friendly products.

3.6.1

For the purposes of a competitive internal market, product performance should be assessed not only on the basis of environmental criteria but also on the basis of other important aspects such as: economic performance for the consumer and the producer, safety and functionality, its use of resources, logistics, marketing, its characteristics in terms of health and innovation, its capacity to broaden consumer choice, its lifecycle and disposal, and lastly, social concerns.

3.6.2

It is imperative that there is true commitment to the support to research and development and innovation within the sector of eco-production and eco services.

3.7

In the Committee's opinion, CEN, CENELEC and ETSI should play a key part in the development of the technical standardisation process when it comes to a product's environmental sustainability (26).

3.7.1

The Committee has already stressed that ‘promoting the use of environmental technical standards should not be subject to top-down decisions but should be effected through widespread acceptance of eco-compatible products in order to respond as effectively as possible to the needs and interests of citizens and consumers’ (27).

3.8

In the sphere of public contracts, it is important to flag up Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (28) and the Commission interpretative communication on the Community law applicable to public procurement and the possibilities for integrating environmental considerations into public procurement (29).

3.8.1

The Committee would argue that the public procurement sector, which accounts for approximately 16 % of Community GDP, is critical for promoting the dissemination of more ecological products and would call for measures to encourage contracting authorities to use existing possibilities in the area of green public procurement (GPP).

3.8.2

The 2006 final report on GPP in Europe (30) names the following among the main obstacles to its dissemination: the higher cost of green products, particularly in the absence of indicators regarding lifecycle costs; the lack of environmental knowledge, and the absence of an adequate easy-access electronic database; a lack of clarity in procurement criteria and specifications, with uncertain eco-product definitions and standards; a lack of support at managerial and political level; and a lack of information and training instruments.

3.8.3

The Committee therefore recommends: defining solid criteria for green products, specifying all relevant environmental specifications; including the cost of the product or service's entire lifecycle in specifications; launching a ‘European GPP knowledge Database’ (31); introducing the requirements of ISO standard 14004, environmental management systems — EMS, Ecolabel references and eco-design to EC directives on public contracts; disseminating national action plans for adopting green public procurement among the public; focusing on products with the greatest environmental impact.

3.9

The ‘fair trade’ concept is also widespread throughout Europe. Fair trade and ethical trade have been of great interest to the EESC for some time and were addressed in detail in opinion REX/196 (32). In the Committee's view, they are key to the success of sustainable consumption.

3.10

Education is a key element in sustainable consumption and the EESC insists that this education should begin in the classroom. Consumers should also have immediate access to information on the products and services chosen and their potential impact on the environment. It is also essential that this information be provided in a way that is interesting to the consumer and thus easy to absorb and understand.

3.11

The EESC believes that the Community's legislative corpus on sustainable production and consumption should be consolidated and simplified so as to make it more easily comprehensible and accessible for consumers and producers alike: ‘'Less but better lawmaking' must translate into consolidated, consistent regulatory texts in the field of the environment, providing legal certainty and transparency for adjusting to industrial change, and focusing on how best to protect resources and the environment and apply sustainable, competitive technological innovations in the global marketplace’ (33).

3.12

On the subject of ‘green’ products, it would be worthwhile stepping up Community measures aimed at outlawing misleading advertising and unfair commercial practices  (34): the terms ‘eco’ and ‘bio’ are often used as simple marketing tools to increase the sales of products and services that in reality are no different to others and offer no added value.

3.12.1

In this connection, the Committee believes that developing codes of conduct, as set out in Directive 2005/29/EC, could be a particularly significant element in self-regulation to prevent the use of unfair ecological claims in advertising, applying the following criteria:

3.12.2

In the Committee's view flexible, efficient and low-cost non-judicial supervision and arbitration bodies for consumer affairs should be promoted, that can act credibly to guarantee that products comply with environmental standards, and that sustainable products on the market meet the environmental sustainability requirements governing consumer choice. These should not replace judicial proceedings which ought to be accessible to all.

3.13

The Committee places particular importance on a European charter for sustainable consumption and production to protect consumers' rights to consume ecological products. A charter of this kind should include the following elements:

3.13.1

The EESC proposes to organise a conference on the European charter for sustainable consumption and production given the importance of the subject, this with the involvement of the European Parliament and the European Commission.