EC: Commission Decision of 9 July 2009 establishing the ecological criteria for the award of the Community Eco-label for tissue paper (notified under document number C(2009) 4596) (Text with EEA relevance)

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,

After consulting the European Union eco-labelling Board,

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 2001/405/EC of 4 May 2001 establishing ecological criteria for the award of the Community eco-label for tissue paper products⁽²⁾. Those ecological criteria and the related assessment and verification requirements are valid until 4 January 2010.

5. In the light of that 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. The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.

7. Furthermore, in order to specify that products covered by Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products⁽³⁾ should be excluded from the scope of the product group concerned, it is necessary to modify the definition of the product group laid down in Decision 2001/405/EC.

8. Decision 2001/405/EC should therefore be replaced.

9. A transitional period should be allowed for producers whose products have been awarded the Eco-label for tissue paper based on the criteria contained in Decision 2001/405/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 set out under the criteria set in Decision 2001/405/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.

10. 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: