COMMISSION DECISION
of 9 July 2009
establishing the ecological criteria for the award of the Community Ecolabel for textile products
(notified under document number C(2009) 4595)
(Text with EEA relevance)
(2009/567/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 ecolabel award scheme (1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Ecolabelling Board,
Whereas:
(1)
Under Regulation (EC) No 1980/2000 the Community Ecolabel 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 Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3)
It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4)
Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 1999/178/EC of 17 February 1999 establishing the ecological criteria for the award of the Community eco-label to textile products (2) as amended by Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community Ecolabel for textile products (3). Those ecological criteria and the related assessment and verification requirements are valid until 31 December 2009 at the latest.
(5)
In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6)
The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7)
Decision 1999/178/EC should therefore be replaced.
(8)
A transitional period should be allowed for producers whose products have been awarded the Ecolabel for textile products based on the criteria contained in Decision 1999/178/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 1999/178/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9)
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 ‘textile products’ shall comprise:
(a)
textile clothing and accessories: clothing and accessories (such as handkerchiefs, scarves, bags, shopping bags, rucksacks, belts etc.) consisting of at least 90 % by weight of textile fibres;
(b)
interior textiles: textile products for interior use consisting of at least 90 % by weight of textile fibres. Mats and rugs are included. Wall to wall floor coverings and wall coverings are excluded;
(c)
fibres, yarn and fabric (including durable non-woven) intended for use in textile clothing and accessories or interior textiles.
This product group will not include textiles treated with biocidal products, except where those biocidal products are included in Annex IA to Directive 98/8/EC of the European Parliament and of the Council (4), where this substance confers to the textiles additional properties directly aiming at protecting human health (e.g. biocidal products added to textile nets and clothing to repel mosquitoes and fleas, mites or allergens) and where the active substance is authorised for the use in question according to Annex V to Directive 98/8/EC.
For ‘textile clothing and accessories’ and for ‘interior textiles’: down, feathers, membranes and coatings need not be taken into account in the calculation of the percentage of textile fibres.
Article 2
In order to be awarded the Community Ecolabel for products falling within the product group textile products under Regulation (EC) No 1980/2000, a textile product shall comply with the criteria set out in the Annex to this Decision.
Article 3
The ecological criteria for the product group ‘textile products’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.
Article 4
For administrative purposes the code number assigned to the product group ‘textile products’ shall be ‘016’.
Article 5
Decision 1999/178/EC is repealed.
Article 6
1. Applications for Ecolabel for products falling within the product group textile products submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 1999/178/EC.
2. Applications for Ecolabel for products falling within the product group textile products submitted from the date of adoption of this Decision but by 31 December 2009 at the latest may be based either on the criteria set out in Decision 1999/178/EC or on the criteria set out in this Decision.
Those applications shall be evaluated in accordance with the criteria on which they are based.
3. Where the Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 1999/178/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 9 July 2009.