78.—(1) The Agency shall, if it considers it necessary or desirable to do so, having regard to any act of an institution of the European Communities relating to a Community labelling scheme, establish or arrange for the establishment of a scheme or schemes for the use of a special symbol or symbols on the labels of specified products or in connection with specified services which meet specified criteria and standards as to their impact on the environment.

(2) Without prejudice to the generality of subsection (1), the Agency may—

(a) set the criteria and standards under which a special symbol can be used on the labels of products or in connection with services,

(b) provide for procedures and other matters in relation to the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol including fees relating to such use or to accompany such applications,

(c) carry out, cause to be carried out, or arrange for, the testing and analysis of products or services related to their use of a special symbol to ensure compliance with the said criteria and standards,

(d) provide for charges for the carrying out of tests or analyses,

(e) carry out, cause to be carried out, or arrange for, monitoring of the use of a special symbol,

(f) determine the product categories or services to which such a scheme would apply,

(g) prepare and publish periodic reports on the scheme,

(h) publicise details of the scheme.

(3) The Agency shall consult with such public authorities and such other persons and bodies, as may be prescribed, in the preparation, amendment or revocation of a scheme under this section.

(4) It shall be an offence—

(a) to use a symbol provided for in a scheme under this section, or under a Community environmental labelling scheme in force in the State, or a similar symbol, on the labelling of a product or in connection with a service which has not been approved under the scheme or for which the approval has been withdrawn or, if approved, no longer meets the standards and criteria of the scheme, or

(b) for a person to make a statement or claim in writing or otherwise in connection with the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol which to his knowledge is false or misleading in a material respect.

(5) The Agency may amend or revoke a scheme under subsection (1).