Commission Decision
of 3 September 2002
establishing revised ecological criteria for the award of the Community eco-label to indoor paints and varnishes and amending Decision 1999/10/EC
(notified under document number C(2002) 3202)
(Text with EEA relevance)
(2002/739/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
Whereas:
(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.
(3) It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to the criteria, is to take place in due time before the end of the period of validity of the criteria specified for each product group. That review is to result in a proposal for prolongation, withdrawal or revision.
(4) It is appropriate to revise the ecological criteria that were established by Commission Decision 1999/10/EC of 18 December 1998 establishing the ecological criteria for the award of the Community eco-label to paints and varnishes(2) in order to reflect the developments in the market. At the same time, the period of validity of that Decision as extended by Decision 2001/608/EC(3) and the definition of the product group should be modified.
(5) A new Commission Decision should be adopted establishing the specific ecological criteria for this product group, which will be valid for a period of five years.
(6) It is appropriate that, for a limited period of not more than twelve months, both the new criteria established by this Decision and the criteria established by Decision 1999/10/EC should be valid concurrently, in order to allow sufficient time for companies that have been awarded or that have applied for the award of the eco-label for their products prior to the date of application of this Decision to adapt those products to comply with the new criteria.
(7) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.
(8) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:
Article 1
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, paints and varnishes must fall within the product group "indoor paints and varnishes" as defined in Article 2, and must comply with the ecological criteria set out in the Annex to this Decision.
Article 2
1. The product group "indoor paints and varnishes" shall comprise indoor decorative paints and varnishes, woodstains and related products, in accordance with paragraph 2, for use by do-it-yourself and professional users; and that are primarily developed for indoor use and marketed as such.
This includes, inter alia, floor coatings and floor paints; products which are tinted by distributors at the request of amateur or professional decorators; decorative paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet consumers needs, including primers (and undercoats) of such product systems.
2. "Paint" means a pigmented coating material, in liquid or in paste or powder form, which when applied to a substrate, forms an opaque film having protective, decorative or specific technical properties.
"Varnish" means a clear coating material which when applied to a substrate forms a solid transparent film having protective, decorative or specific technical properties.
After application, the paint or varnish dries to a solid, adherent and protective coating.
Decorative paints and varnishes are paints and varnishes that are applied to buildings, their trim and fittings, for decorative and protective purposes. They are applied in situ. While their main function is decorative in nature, they also have a protective role.
Woodstains (lasures) are coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily.
3. The following products are not included in the product group:
(a) anti-corrosion coatings;
(b) anti-fouling coatings;
(c) wood preservation products;
(d) coatings for particular industrial and professional uses, including heavy-duty coatings and two-pack products;
(e) speciality products, including specific stain blockers and high performance penetrating primers;
(f) facade coatings;
(g) any product primarily developed for outdoor use and marketed as such.
Article 3
For administrative purposes the code number assigned to the product group "indoor paints and varnishes" shall be "007".
Article 4
Article 3 of Decision 1999/10/EC is replaced by the following: "Article 3
The product group definition and the specific ecological criteria for the product group shall be valid until 31 August 2003."
Article 5
This Decision shall apply from 1 September 2002 until 31 August 2007.
Producers of products falling within the product group "paints and varnishes" which have already been awarded the eco-label before 1 September 2002 may continue to use that label until 31 August 2003.
Producers of products falling within the product group "paints and varnishes" which have already applied for the award of the eco-label before 1 September 2002 may be awarded the eco-label under the terms Decision 1999/10/EC. In these cases the label may be used until 31 August 2003.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 3 September 2002.