2006/193/EC: Commission Decision of  1 March 2006  laying down rules, under Regulation (EC) No 761/2001 of the European Parliament and of the Council, on the use of the EMAS logo in the exceptional cases of transport packaging and tertiary packaging  (notified under document number C(2006) 306)   (Text with EEA relevance)
Date: 2006-03-01
Institutions: European Commission
Subjects: environmental monitoring, environmental protection, information system, labelling, packaging

9.3.2006

EN

Official Journal of the European Union

L 70/63

COMMISSION

COMMISSION DECISION

of 1 March 2006

laying down rules, under Regulation (EC) No 761/2001 of the European Parliament and of the
Council, on the use of the EMAS logo in the exceptional cases of transport packaging and
tertiary packaging

(notified under document number C(2006) 306)

(Text with EEA relevance)

(2006/193/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

packaging or tertiary packaging, as an effective way of
communicating environmental
information to stake-
holders.

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 761/2001 of the European
Parliament and of the Council of 19 March 2001 allowing
voluntary participation by organisations in a Community eco-
management and audit scheme (EMAS) (1), and in particular the
second subparagraph of Article 8(3) thereof,

Whereas:

(1)

(2)

The EMAS logo indicates
to the public and other
interested parties that the EMAS-registered organisation
has established an environmental management system in
compliance with the requirements of Regulation (EC) No
761/2001.

other

The EMAS logo may not be used on products or their
packaging, or in conjunction with comparative claims
concerning
services.
However, as a part of the evaluation provided for in
Article 15(3) of Regulation (EC) No 761/2001,
the
Commission is to consider under which exceptional
circumstances the EMAS logo may be used.

products,

activities

or

(4)

(5)

The evaluation, carried out pursuant to Article 15(3) of
Regulation (EC) No 761/2001 by the Commission in
cooperation with the Member States, of the use, recog-
nition and interpretation of the logo concluded that the
case of transport packaging and tertiary packaging, as
defined
European
Parliament and of the Council of 20 December 1994
on packaging and packaging waste (2), is an exceptional
circumstance as envisaged by Article 8(3) of Regulation
(EC) No 761/2001, given that such packaging is not
directly related to the products and therefore the use of
the EMAS logo on such packaging is permissible.

in Directive 94/62/EC of

the

Moreover, in order to ensure that there is no possibility
for confusion with environmental product labels and to
clearly communicate to the public and other interested
parties that the use of the logo is not related in any way
to the products or characteristics of product embodied by
the transport packaging or tertiary packaging but to the
system applied by the
environmental management
registered organisation, additional
information should
be added to the logo.

(3)

Certain EMAS-registered organisations have manifested
an interest in using the EMAS logo on their transport

(6)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab-
lished by Article 14 of Regulation (EC) No 761/2001,

(1) OJ L 114, 24.4.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 196/2006 (OJ L 32, 4.2.2006,
p. 4).

(2) OJ L 365, 31.12.1994, p. 10. Directive as last amended by Directive
2005/20/EC of the European Parliament and of the Council
(OJ
L 70, 16.3.2005, p. 17).

L 70/64

EN

Official Journal of the European Union

9.3.2006

HAS ADOPTED THIS DECISION:

Article 1

EMAS registered organisations may use the two versions of the EMAS logo set out in Annex IV to
Regulation (EC) No 761/2001 on their transport packaging or tertiary packaging within the meaning of
Article 3(1) of Directive 94/62/EC.

In such cases, the EMAS logo shall be complemented by the following text: ‘[Name of the EMAS-registered
organisation] is an organisation registered under the Community Eco-Management and Audit Scheme
(EMAS)’.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 1 March 2006.

For the Commission

Stavros DIMAS
Member of the Commission