2009/544/EC: 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)

Type Decision
Publication 2009-07-14
Last updated 2013-06-19
State Repealed
Department European Commission
Source EUR-Lex
articles 7
Reform history JSON API

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 ([^E0001]), and in particular the second subparagraph of Article 6(1) thereof,

Whereas:

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.

  1. 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:

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) ([^E0003]) 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 30 June 2014.

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.

ANNEX

A. FRAMEWORK

The aims of the criteria

These criteria aim in particular at:

Assessment and verification requirements

The specific assessment and verification requirements are indicated within each criterion.

Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., as appropriate.

Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.

Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.

The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO14001, when assessing applications and monitoring compliance with the criteria (Note: it is not required to implement such management schemes).

Where ingredients are referred to in the criteria, this includes substances and preparations. The definitions of ‘substances’ and ‘preparations’ are given in the REACH Regulation (Regulation (EC) No 1907/2006 of the European Parliament and of the Council ([^E0004]).

The exact formulation of the product should be provided to the competent body for all ingoing substances that are used by the applicant. Any substance, including impurities, present in concentrations greater than 0,01 % (m/m) should be reported unless a lower concentration is specified elsewhere in the criteria.

B. ECOLOGICAL CRITERIA

All criteria except criterion 3 concerning VOC limits shall apply to the paint or varnish in its packaging. In line with Directive 2004/42/EC of the European Parliament and of the Council ([^E0005]) the VOC limits relate to the ready to use product and so the maximum VOC content should be calculated based on any recommended additions such as colorants and/or thinners. For this calculation, data supplied by the raw material suppliers regarding solids content, VOC content and product density will be required.

Criteria 1 and 2 apply only to white and light-coloured paints (including finishes, primers, undercoats and/or intermediates).

For tinting systems, criteria 1 and 2 apply only to the white base (the base containing the most TiO2). In cases where the white base is unable to achieve the requirement of at least 8 m2 per litre at a hiding power of 98 % according to criterion 7(a), the criteria shall be met after tinting to produce the standard colour RAL 9010.

Criteria 1 and 2 do not apply to transparent coatings.

1. White pigments

White pigment content (white inorganic pigments with a refractive index higher than 1,8): Paints shall have a white pigment content lower or equal to 36 g per m2 of dry film, with 98 % opacity. This requirement does not apply to varnishes and woodstains.

Assessment and verification: The applicant shall either provide a declaration of non-use or provide documentation showing the content of white pigments and the spreading rate, together with the detailed calculation showing compliance with this criterion.

2. Titanium dioxide

Titanium dioxide: The emissions and discharges of wastes from the production of any titanium dioxide pigment used shall not exceed the following (as derived from the Reference Document on Best Available Technology for the Manufacture of Large Volume Inorganic Chemicals (BREF) (August 2007)):

Assessment and verification: The applicant shall either provide a declaration of non-use or provide the supporting documentation indicating the respective levels of emissions and discharges of wastes for these parameters, the titanium dioxide content of the product, the spreading rate, together with the detailed calculations showing compliance with this criterion.

3. Volatile organic compounds (VOC)

VOC content shall not exceed:

Product Classification (Directive 2004/42/EC) VOC limits (g/l including water)
Interior Matt (walls/ceiling) (Gloss < 25@60 °) 15
Interior glossy (walls/ceiling) (Gloss > 25@60 °) 60
Interior trim and cladding paints for wood and metal including undercoats 90
Interior trim varnishes and wood-stains, including opaque woodstains 75
Interior minimum build woodstains 75
Primers 15
Binding Primers 15
1 Pack performance coatings 100
Two-pack reactive performance coatings for specific end use such as floors 100
Decorative effect coatings 90

In this context volatile organic compounds (VOC) means any organic compounds having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa as defined in Directive 2004/42/EC. The subcategories for paints and varnishes of the Directive are used for defining VOC limits. Only the categories relevant to indoor coatings are displayed here.

Assessment and verification: The applicant shall provide a declaration of compliance with this criterion. For all products the applicant shall indicate the VOC content.

4. Volatile aromatic hydrocarbons (VAH)

Volatile aromatic hydrocarbons shall not be directly added to the product before or during tinting (where applicable); however ingredients containing VAH may be added up to such a limit that the VAH content in the end product will not exceed 0,1 % (m/m).

In this context volatile aromatic hydrocarbon (VAH) means any organic compound, as defined in Directive 2004/42/EC, having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa and having at least one aromatic nucleus in its developed structural formula.

Assessment and verification: The applicant shall provide a declaration of compliance with this criterion stating that VAH has not been added other than in prefabricated ingredients and where applicable declarations from the suppliers of the ingredient confirming their VAH content.

5. Heavy metals

The following heavy metals or their compounds shall not be used as an ingredient of the product or tint (if applicable) (whether as a substance or as part of any preparation used): cadmium, lead, chromium VI, mercury, arsenic, barium (excluding barium sulphate), selenium, antimony.

Cobalt shall also not be added as an ingredient with the exception of cobalt salts used as a siccative in alkyd paints. These may be used up to a concentration not exceeding 0,05 % (m/m) in the end product, measured as cobalt metal. Cobalt in pigments is also exempted from this requirement.

It is accepted that ingredients may contain traces of these metals up to 0,01 % (m/m) deriving from impurities in the raw materials.

Assessment and verification: The applicant shall provide a declaration of compliance with this criterion as well as declarations from ingredient suppliers (where applicable).

6. Dangerous substances

7. Fitness-for-use

8. Consumer information

The following information shall appear on the packaging or attached to the packaging:

Assessment and verification: A sample of the product packaging shall be provided when submitting the application, together with a corresponding declaration of compliance with this criterion as appropriate.

9. Information appearing on the eco-label

Box 2 of the eco-label shall contain the following text:

Assessment and verification: The applicant shall provide a sample of the product packaging showing the label, together with a declaration of compliance with this criterion.

[^E0001]: OJ L 237, 21.9.2000, p. 1.

[^E0002]: L 236, 4.9.2002, p. 4.

[^E0003]: See page 27 of this Official Journal.

[^E0004]: OJ L 396, 30.12.2006, p. 1.

[^E0005]: OJ L 143, 30.4.2004, p. 87.

[^E0006]: OJ L 200, 30.7.1999, p. 1.

[^E0007]: OJ 196, 16.8.1967, p. 1.

[^E0008]: On 27 June 2007, the European Commission adopted the ‘Proposal for a Regulation of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006’ (COM(2007) 355 final). For further information relating to the overlap between the existing system and GHS refer to Annex VII in Volume III to the proposal that has been adopted: http://ec.europa.eu/enterprise/reach/docs/ghs/ghs_prop_vol_iii_en.pdf

[^E0009]: United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals: http://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html

[^E0010]: See footnote 5.

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.