EN Official Journal of the European Union L 181/27

COMMISSION DECISION

of 13 August 2008

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

(notified under document number C(2008) 4452)

(Text with EEA relevance)

(2009/543/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 is appropriate to adopt a new decision establishing ecological criteria for the award of the Community eco-label to outdoor paints and vanishes.

(4) The ecological criteria, as well as the related assessment and verification requirements, should be valid for a period of four years.

(5) The measures provided for in this Decision are based on the draft criteria developed by the European Union Ecolabelling Board established under Article 13 of Regulation (EC) No 1980/2000.

(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

1. The product group ‘outdoor paints and varnishes’ shall comprise outdoor decorative and protective paints and varnishes, woodstains and related products for use on buildings and outdoor furniture, floors and fencing in accordance with paragraph 2, for use by do-it-yourself and professional users; and that are primarily developed for outdoor 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 wood paints, wood and decking stains, masonry coatings and metal finishes (excluding anti-corrosion finishes and primers) as well as 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, as well as outdoor furniture, floors and fencing for decorative and protective purposes. They are applied in situ. Their function is decorative whilst providing 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.

Masonry coatings are coatings that produce a decorative and protective film for use on concrete, (paintable) brickwork, blockwork, rendering, calcium silicate or fibre-reinforced cement. They are intended principally for exterior use, but may also be used internally, or on soffits and balcony ceilings.

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

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;

(e) any product primarily developed for indoor 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 ‘outdoor 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 outdoor paints and varnishes and the criteria set out in Commission Decision 2009/544/EC (2) for indoor paints and varnishes.

Article 3

The ecological criteria for the product group ‘outdoor paints and varnishes’, as well as the related assessment and verification requirements, shall be valid 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 ‘outdoor paints and varnishes’ shall be ‘33’.

Article 5

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) See page 39 of this Official Journal.