Issues of relevance in the revision of LUBRICANTS EUEB Meeting 21 January 2016, Brussels Sylvie Ludain Unit A1/DG Environment / European Commission
Revision of the EU Ecolabel criteria established for lubricants OBJECTIVE: Revise ecological criteria established in Commission Decision (2011/381/EU) of 24 June 2011. CURRENT VALIDITY: 31 December 2018 - Commission Decision (EU) 2015/877 of 4 June 2015. TIMELINE FORESEEN: 1st AHWG: January 2017 (Sevilla) 2 nd AHWG: October 2017 (Brussels) Vote: June 2018 Criteria revision process: JRC/IPTS (Institute for Prospective Technological Studies) Candela.VIDAL-ABARCA-GARRIDO@ec.europa.eu Renata.KAPS@ec.europa.eu
Scope of the Commission Decision (2011/381/EU) Article 1: Category 1: Category 2: Category 3: Category 4: Category 5: The product group 'lubricants' shall comprise the following categories: hydraulic fluids and tractor transmission oils greases and stern tube greases chainsaw oils, concrete release agents, wire rope lubricants, stern tube oils and other total loss lubricants two-stroke oils industrial and marine gear oils. The following definitions are provided: "lubricant", "basefluid", "substance", "thickener", "main component", "additive" and "grease".
EU Ecolabel statistics (as of September 2015) Product group: Lubricants No of licences: 80 No of products: 313 National CBs: Germany (36), the UK (16), France (10), the Netherlands (9), Austria (3), Poland (2), Belgium (1), Czech Rep. (1), Finland (1), Spain (1). (in no of licences)
EU Ecolabel criteria established for lubricants The aims of the criteria: "These criteria aim in particular at promoting products that have a reduced impact on the water and soil during its use and contain a large fraction of biobased material." Annex to Commission Decision (2011/381/EU)
EU Ecolabel criteria established for lubricants (cont'd) Criterion 1 Criterion 2 Critarion 3 Criterion 4 Criterion 5 Criterion 6 Criterion 7 Excluded or limited substances and mixtures Exclusion of specific substances Additional aquatic toxicity requirements Biodegradability and bioaccumulative potential Renewable raw materials Minimum technical performance Information appearing on the eco-label.
Points to be taken into consideration on the occasion of the next revision process Commission Statement of 11 February 2011 -Adaptation of the criteria on nanomaterials in regards to developments in risk assessment methodologies and test methods as well as the legal definition, -With regards to the use of more sustainable materials, the possible use of certified renewable resources should be investigated, -The scope to include used lubricants/oils in order to encourage resource efficiency and waste prevention, -The scope to include rust-preventive oils, -Investigate the possible use of global warming potential (GWP) indicator.
Issues raised at the CB Fora Other issues How to deal with polyetrafluoroethylene (PTFE)? June 2012: "PTFE cannot be used since halogenetad compounds are clearly not permitted according to criterion 2." Request to use the EU Ecolabel for products under the LuSC list (Lubricant Substance Classification list) November 2014: "Same conclusion than in June 2014 CB Forum Minutes (similar problem pulp producers). The general understanding was that pulp producers cannot market or communicate themselves as being associated with the EU Ecolabel, therefore also for ingredients under the LuSC list is not possible to communicate themselves as associated to the EU Ecolabel."
Issues raised at the CB Fora Other issues To provide background on the amendment requested by the UK on lubricants, on 11 December 2014, the EC contacted all CBs that had lubricant licences, and in particular, asked for information on which ingredients no longer fulfil the criterion on hazardous substances after 2 nd ATP on CLP April 2015: "Since these problematic additives will probably be re classified as skin sensitising 1A, the overall impact will not be so high as the additives can continue to be used in EU Ecolabel product formulations although in concentrations lower that the treat rate established in the LuSC list. Based on this conclusion, there will be no amendement."
Other issues Issues raised at the Virtual CB Forum (October 2015) What is the meaning of the second sentence out in the following two in criterion 1a) in EU Ecolabel criteria for lubricants? "Concentration limits for substances meeting criteria of Article 57(a), (b) or (c) of Regulation (EC) No 1907/2006 shall not exceed 0,010% (w/w). If specific concentration limits are referred to for substances meeting criteria of Article 57(a), (b) or (c), they should remain below one tenth (1/10) of the lowest concentration value indicated unless this value falls below 0,010% (w/w)."
Other issues Conclusion: A substance can have several hazard classifications for example H350 (May cause cancer) and H360F (May damage fertility). The lowest concentration limit of the different hazards should be used to determine the maximum allowed limit. This is the lowest classification limit. 1. In case there is no specific concentration limit for the substance (generic concentration limit applies) -> EU Ecolabel concentration limit is 0.010%
Other issues 2. If there is a specific concentration limit and this specific concentration limit is > or = to 0.010% -> 1/10 of this specific concentration limit is the EU Ecolabel concentration limit (specific concentration limit of 0.05 gives a EU Ecolabel concentration limit of 0.05%/10 so 0.005%) 3. If there is a specific concentration limit < 0.010% -> EU Ecolabel concentration limit is 0.010%. So, if substance X is classified according to the CLP annex as H340 (mutagenic class 1) and in the annex is written that the lowest limit is 0.05% instead of the usual 0.1%, then the maximum allowed limit in a EU Ecolabel lubricant is 0.005%.
Current scope of the EU Ecolabel "Lubricants" product group Ecolabel 2011 (current) Classification Dispersion medium Application Environment Products Definition (5 categories) Market Analysis Hydraulic fluids & tractor oil tranmision, grease, Chainsaw oil, Terrestrial Concrete Release Agent, Wire Outdoor rope, Total Loss Lubricant, 2T engine Oil (hydrophobic) Marine 2T Engine, Stern tube grease, Marine Gear oils ~ <10% Indoor Industrial Gear oil Only less than 10% of the products available on the market are covered.
ISO Categories and specifications for lubricant families
Potential to enlarge the scope (indicative) Classification Dispersion medium Application Environment Products ISO rules Oil (hydrophobic) Water (hydrophilic) Outdoor indoor outdoor indoor Terrestial Marine Aerial Terrestial Marine Aerial Terrestial Marine Aerial Terrestial Marine Aerial Market Analysis Practically all ~ > 80% Addition of new lubricant products available on the market i.e. water based lubricants (use of ISO categories and specifications for lubricants). Criteria will be different depending on product specificities, environmental impacts, application (indoor/outdoor) etc.
Comments received from Member States General comments, experience from the implementation of the current requirements: Scope Categories comprised in the Product Group Substance classification issues Data requirements issues Excluded or limited substances and mixtures Impurities Bioaccumulation Renewable raw materials Minimum technical performance
The Commission would now like to collect Your views on your experience in the implementation of the Commission Decision 2011/381/EC Your recommendations for the criteria revision process (including on the scope).
Deadlines for comments Additional comments by 5 February 2016 sylvie.ludain@ec.europa.eu Thank you!