Czech Ecolabelling Agency
Kodanska street No. 10, Prague 10, 100 10, Czech Republic

Environment and Development Foundation
Room 102, Bldg. 53, 195, Section 4, Chung Hsing Rd., 310 Chutung, Hsinchu, Taiwan, R.O.C.

Whereas, the Czech Ecolabelling Agency (CEA) is an expert unit of the Czech Environmental Information Agency (CENIA), founded and operated under the supervision of the Ministry of the Environment, Czech Republic, with the purpose to contribute towards the realization of a sustainable environment through research and study of environmental preservation activities in Czech Republic as well as abroad, and to also disseminate information on environmental preservation;

　Whereas, Ministry of the Environment is the owner of its officially patented ecolabel identified as the Environmentally Friendly Product/Service and the Environmentally Friendly Product/Service Program in Czech Republic and the CEA has been authorized to manage and operate the Environmentally Friendly Product/Service Program, which includes also the right to use and sublicense use of the Environmentally Friendly Product/Service; and

　Whereas, suppliers of certain products that comply with Environmentally Friendly Product/Service products specific criteria and requirements (the "Environmentally Friendly Product/Service Criteria") may be granted a license to use the Environmentally Friendly Product/Service in connection with such products;

　Whereas, Environment and Development Foundation (EDF) is a not-for-profit organization founded with the purpose to promote sustainable consumption in Taiwan as well as abroad through certification and information dissemination on products which have less adverse impact on the environment.

　Whereas, the Environmental Protection Administration, Taiwan is the owner of its officially patented ecolabel identified as the Green Mark and the Green Mark Program in Taiwan and EDF has been authorized to manage and operate the Green Mark Program, which includes also the right to use and sublicense use of the Green Mark; and

　Whereas, suppliers of certain products that comply with the Green Mark product specific criteria and requirements (the "Green Mark Criteria") may be granted a license to use the Green Mark in connection with such products;

　In consideration of the parties' mutual desire to cooperatively promote and facilitate the production and marketing of products that are better for the environment, both parties agree as follows:

0.0 Definitions :

In this Agreement

"Agreement" means this agreement, which may be amended or supplemented from time to time upon written mutual agreement of the parties hereto;

"Ecolabel" refers to the graphic emblem or seal of the ecolabelling program, which is used on or in association with a product to acknowledge that product's compliance with relevant criteria;

"Ecolabelling program" refers to the Environmentally Friendly Product/Service Program in Czech Republic or the Green Mark Program in Taiwan;

"License" refers to a license under which the right to bear the Environmentally Friendly Product/Service or Green Mark on a product is granted by CEA or EDF, as the case may be;

"License fee" means the fees paid to the licensing organization, including but not limited to annual fee, marketing fee and certificate issuance fee;

"Verificationfee" means the fees paid to the verification organization, including but not limited to document review and on-site audit fees;

"Party" means CEA or EDF;

1.0 Scope:

The scope of this agreement covers all current and proposed aspects of the Environmentally Friendly Product/Service Program in Czech Republic and Green Mark Program in Taiwan.

2.0 Recognition and Acceptance:

Section 2.1 Both parties recognize and accept the other party's operational system and procedures as transparent, open and credible.

Section 2.2 CEA recognizes and accepts EDF as a verifier on behalf of Environmentally Friendly Product/Service in Taiwan, and EDF recognizes and accepts CEA as a verifier on behalf of Green Mark in Czech Republic.

3.0 License Application:

CEA authorizes EDF to accept an application for the license on behalf of CEA in Taiwan, and EDF authorizes CEA to accept an application for the license on behalf of EDF in Czech Republic.

  4.0 Granting License:

Section4.1 If and when an application for the license is submitted to CEA from EDF accompanied with a verification report and an endorsement letter issued by EDF verifying the products is determined as having passed and satisfied the Environmentally Friendly Product/Service Criteria, CEA shall, at its sole discretion, grant the license to such products so long as the products does not pose any particular reason for rejection of the license and so far as it satisfies the Environmentally Friendly Product/Service Criteria.

Section 4.2 If and when an application for the license is submitted to EDF from CEA accompanied with a verification report and an endorsement letter issued by CEA verifying the product is determined as having passed and satisfied the Green Mark Criteria, EDF shall, at its sole discretion, grant the license to such products so long as the products does not pose any particular reason for rejection of the license and so far as it satisfies the Green Mark Criteria.

  5.0 Warranty:

Section 5.1 Each party warrants that the verification report and endorsement letter as described above accompanying the applications are true and correct.

Section 5.2 EDF shall, upon request of CEA, monitor and audit the products verified by EDF as having passed and satisfied the Environmentally Friendly Product/Service Criteria, and CEA shall, upon request of EDF, monitor and audit the products verified by CEA as having passed and satisfied the Green Mark Criteria.

6.0 Consultation Section:

Both parties should meet, at least once per year, to evaluate the progress of this agreement and share monitoring information.

7.0 Free Trade Barriers:

Measures are considered to be trade barriers when they unfairly disadvantage or restrict the access of the products into a foreign market, hence both parties agree to:

1. Ensure decision-making processes relating to criteria development, certification and authorization of product suppliers to use the appropriate ecolabel on their certified product(s), are transparent;
2. Keep ecolabelling programs and relevant non-confidential information open and readily accessible to all applicants and other interested parties including both domestic and foreign companies; and
3. Incorporate relevant guiding principles established by the International Organization of Standardization (ISO), the Global Ecolabelling Network (GEN), and the World Trade Organization (WTO).

  8.0 Fees:

Section 8.1 License fees are to be paid to, and collected by, the party offering the ecolabel being sought by the applicant.

Section 8.2 License fees must be determined and charged in a consistent and fair manner, which does not unjustly discriminate against a foreign applicant.

Section 8.3 Verification fees are to be determined by and directly paid to the party who performs the relevant work.

  9.0 No Authority to License Other Party's Eco Label:

Neither party has the authority to license the use of the other party's ecolabel.

  10.0 Termination:

Section 10.1 Termination upon Agreement Anniversary: This agreement may be terminated upon the annual anniversary date of this agreement by either party providing three (3) months advance written notice of intent to the other party.

Section 10.2 Termination for Bankruptcy: This agreement may be terminated by either party if the other party voluntarily enters into proceedings in bankruptcy or insolvency.

Section 10.3 Termination for Change in Status: This agreement will terminate if either party ceases to have the authority to manage and operate the ecolabelling program.

  11.0 Arbitration:

Any claim, disputes or controversy arising between the parties hereto out of or in connection with this agreement, or breach thereof, which cannot be amicably settled by the parties, shall be finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The arbitration shall take place in Prague, Czech Republic if CEA is the respondent and in Hsinchu, Taiwan if EDF is the respondent. The award thereof shall be final and binding upon the parties and judgment on such award may be entered in any court or tribunal having jurisdiction thereof.

  12.0 Miscellaneous Provisions:

Section 12.1 Notice: Any notice, communications or demand given or made pursuant to this agreement shall be in writing and sent by certified airmail, electronic mail or facsimile telecommunications.

Section 12.2 Term: This agreement comes into effect on the date of execution, and remains effective until terminated under the conditions identified in Sections 10.1, 10.2 or 10.3.