EN Official Journal of the European Union L 181/39

COMMISSION DECISION

of 13 August 2008

establishing the ecological criteria for the award of the Community eco-label to indoor paints and varnishes

(notified under document number C(2008) 4453)

(Text with EEA relevance)

(2009/544/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, 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) It also provides that the review of the eco-label 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 2002/739/EC 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 (2). Those ecological criteria and the related assessment and verification requirements are valid until 28 February 2009.

(5) In the light of this 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) Decision 2002/739/EC should therefore be replaced.

(7) The ecological criteria, as well as the related assessment and verification requirements, should be valid until four years from the date of notification of this Decision.

(8) A transitional period should be allowed for producers whose products have been awarded the eco-label for indoor paints and varnishes before 18 August 2008 or who have applied for such an award before 18 August 2008 so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. For the sake of legal certainty, until 28 February 2009 producers should be allowed to submit applications set out under the criteria set in Decision 2002/739/EC or set out under the criteria set in this Decision. After this date only the criteria set out in this Decision should apply.

(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

1. The product group ‘indoor paints and varnishes’ shall comprise indoor decorative paints and varnishes, woodstains and related products, as defined in paragraph 2, intended for use by do-it-yourself and professional users and 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; tinting systems; 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.

‘Decorative paints and varnishes’ means 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) means coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily.

‘Tinting systems’ is a method of preparing coloured paints by mixing a ‘base’ with coloured tints.

3. The product group shall not comprise:

(a) anti-corrosion coatings;

(b) anti-fouling coatings;

(c) wood preservation products;

(d) coatings for particular industrial and professional uses, including heavy-duty coatings;

(e) facade coatings;

(f) any product primarily developed for outdoor use and marketed as such.

Article 2

1. In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 and subject to paragraphs 2 and 3 of this Article, paints and varnishes must fall within the product group ‘indoor paints and varnishes’ as defined in Article 1, and must comply with the ecological criteria set out in the Annex to this Decision.

2. Two-pack reactive performance coatings for specific end uses shall comply with the following conditions:

(a) both components thereof must individually comply with the ecological criteria set out in the Annex (with the exception of the criterion for Volatile Organic Compounds);

(b) they must be accompanied by information explaining that the individual components must not be used separately or mixed with other products;

(c) the final ready-for-use product, however, must also meet the ecological criteria, including the criterion for VOC.

3. Coatings marketed for both indoor and outdoor use must satisfy both the criteria set out in this Decision for indoor paints and varnishes and the criteria set out in Commission Decision (2009/543/EC) (3) for outdoor paints and varnishes.

Article 3

The ecological criteria for the product group ‘indoor paints and varnishes’, as well as the related assessment and verification requirements, shall be valid until four years as from the date of entry into force of this decision.

Article 4

For administrative purposes the code number assigned to the product group ‘indoor paints and varnishes’ shall be ‘07’.

Article 5

Decision 2002/739/EC is repealed.

Article 6

1. Ecolabels awarded before 18 August 2008 in respect of products falling within the product group ‘indoor paints and varnishes’ may continue to be used until 28 February 2009.

2. Where applications have been submitted before 18 August 2008 for the award of the Ecolabel in respect of products falling within the product group ‘indoor paints and varnishes’, those products shall be awarded the eco-label under the conditions laid down in Decision 2002/739/EC. In such cases, the eco-label may be used until 28 February 2009.

3. Applications which are submitted after 18 August 2008 but before 1 March 2009 for the award of the eco-label in respect of products falling within the product group ‘indoor paints and varnishes’ may be based either on the criteria set out in Decision 2002/739/EC or on the criteria set out in this Decision.

Where the application is based on the criteria set out in Decision 2002/739/EC, the eco-label may be used until 28 February 2009.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 13 August 2008. For the Commission Olli REHN Member of the Commission

(1) OJ L 237, 21.9.2000, p. 1.

(2) L 236, 4.9.2002, p. 4.

(3) See page 27 of this Official Journal.