COMMISSION DECISION
of 28 April 2011
on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents
(notified under document C(2011) 2815)
(Text with EEA relevance)
(2011/264/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
After consulting the European Union Eco-labelling Board,
Whereas:
(1)
Under Regulation (EC) No 66/2010, the EU Ecolabel may be awarded to those products with a reduced environmental impact during their entire life cycle.
(2)
Regulation (EC) No 66/2010 provides that specific EU Ecolabel criteria are to be established according to product groups.
(3)
Commission Decision 1999/476/EC (2) has established the ecological criteria and the related assessment and verification requirements for laundry detergents. Following the review of the criteria set out in that Decision, Commission Decision 2003/200/EC (3) has established revised criteria which are valid until 30 April 2011.
(4)
Those criteria have been further reviewed in the light of technological developments. It results from the review that it is necessary to modify the definition of the product group so as to include a new sub-product group and to establish new criteria. Those new criteria, as well as the related assessment and verification requirements, should be valid for 4 years from the date of adoption of this Decision.
(5)
Decision 2003/200/EC should be replaced for reasons of clarity.
(6)
A transitional period should be allowed for producers whose products have been awarded the Ecolabel for laundry detergents on the basis of the criteria set out in Decision 2003/200/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 based on the criteria set out in Decision 2003/200/EC or on the criteria set out in this Decision until the lapse of validity of that Decision.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,
HAS ADOPTED THIS DECISION:
Article 1
The product group ‘Laundry Detergents’ shall comprise: laundry detergents and pre-treatment stain removers whether in powder, liquid or any other form which are marketed and used for the washing of textiles principally in household machines but not excluding their use in launderettes and common laundries.
Pre-treatment stain removers include stain removers used for direct spot treatment of textiles (before washing in the machine) but do not include stain removers dosed in the washing machine and stain removers dedicated to other uses besides pre-treatment.
This product group shall not comprise products that are dosed by carriers such as sheets, cloths or other materials nor washing auxiliaries used without subsequent washing, such as stain removers for carpets and furniture upholstery.
Article 2
1. For the purpose of this Decision, the following definitions shall apply:
(1)
‘heavy-duty detergents’ means detergents used for ordinary washing of white textiles at any temperature;
(2)
‘colour-safe detergents’ means detergents used for ordinary washing of coloured textiles at any temperature;
(3)
‘low-duty detergents’ means detergents intended for delicate fabrics;
(4)
‘substance’ means a chemical element and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the products and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
2. For the purposes of paragraph 1(1) and (2), a detergent shall be considered either a heavy-duty detergent or a colour-safe detergent except where the detergent is predominantly intended and marketed for delicate fabrics.
For the purposes of paragraph 1(3), liquid detergents for ordinary washing of white and coloured textiles shall not be considered low-duty detergents.
Article 3
In order to be awarded the EU Ecolabel under Regulation (EC) No 66/2010, an item of laundry detergent or pre-treatment stain remover shall fall within the product group ‘Laundry Detergents’ as defined in Article 1 of this Decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the Annex to this Decision.
Article 4
The criteria for the product group ‘Laundry Detergents’, as well as the related assessment and verification requirements, shall be valid for 4 years from the date of adoption of this Decision.
Article 5
For administrative purposes the code number assigned to the product group ‘Laundry Detergents’ shall be ‘6’.
Article 6
Decision 2003/200/EC is repealed.
Article 7
1. By derogation from Article 6, applications for the EU Ecolabel for products falling within the product group ‘Laundry Detergents’ submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2003/200/EC.
2. Applications for the EU Ecolabel for products falling within the product group ‘Laundry Detergents’ submitted from the date of adoption of this Decision but by 30 April 2011 at the latest may be based either on the criteria set out in Decision 2003/200/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 2003/200/EC, that Ecolabel may be used for 12 months from the date of adoption of this Decision.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 28 April 2011.