COMMISSION DECISION
of 26 April 2005
establishing ecological criteria and the related assessment and verification requirements for the award of the Community eco-label to lubricants
(notified under document number C(2005) 1372)
(Text with EEA relevance)
(2005/360/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,
After consulting the European Union Eco-Labelling Board,
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, drawn up on the basis of the criteria drafted by the European Union Eco-Labelling Board, are to be established according to product groups.
(3)
Since the use of lubricants may be hazardous for the environment, due to, for example, their aquatic toxicity or their bioaccumulation, appropriate ecological criteria should be laid down.
(4)
The environmental impact may be considered negligible in the case of substances contained in lubricants which, when applied, change their chemical nature and no longer need to be classified according to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (2). The criteria for eco labels should therefore not apply to those substances where less than 0,1 % of the substance in the treated part remains in the form as observed before application.
(5)
The ecological criteria and the related assessment and verification requirements should be valid for a period of four years.
(6)
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
The product group ‘lubricants’ shall comprise hydraulic oils, greases, chainsaw oils, two stroke oils, concrete release agents and other total loss lubricants, for use by consumers and professional users.
Article 2
1. For the purpose of this Decision, the following definitions shall apply:
(a)
‘lubricant’ means a preparation consisting of base fluids and additives;
(b)
‘base fluid’ means a lubricating fluid whose flow, ageing, lubricity and anti-wear properties, as well as its properties regarding contaminant suspension, have not been improved by the inclusion of additives;
(c)
‘thickener’ means a substance in the base fluid used to thicken or modify the rheology of a lubricating fluid or grease;
(d)
‘main component’ means any substance accounting for more than 5 % by weight of the lubricant;
(e)
‘additive’ means a substance whose primary functions are the improvement of the flow, ageing, lubricity, anti-wear properties or of contaminant suspension;
(f)
‘grease’ means a solid to semi-solid preparation which consists of a thickening agent in a liquid lubricant.
2. In the case of greases, other ingredients imparting special properties may be included.
Article 3
In order to be awarded the Community eco-label for lubricants under Regulation (EC) No 1980/2000, a lubricant must fall within the product group ‘lubricants’ and must comply with the criteria set out in the Annex to this Decision.
The criteria shall apply to the freshly manufactured product at the time of delivery.
Where criteria are formulated in terms of constituent substances, those criteria shall apply to any substance which has been deliberately added and which constitutes more than 0,1 % of the product’s content, as measured both before and after any chemical reaction has taken place between the substances mixed to provide the lubricant preparation.
The criteria shall not, however, apply to a substance which, on application, changes its chemical nature so as no longer to warrant classification according to Directive 1999/45/EC, and of which less than 0,1 % in the treated part remains in its pre-application form.
Article 4
The ecological criteria for the product group ‘lubricants’, and the related assessment and verification requirements, shall be valid until 31 May 2009.
Article 5
For administrative purposes, the code number assigned to the product group ‘lubricants’ shall be ‘27’.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 26 April 2005.