title: Commission Decision (EU) 2015/2099 of 18 November 2015 establishing the ecological criteria for the award of the EU Ecolabel for growing media, soil improvers and mulch (notified under document C(2015) 7891) (Text with EEA relevance)

text:
               20.11.2015

               EN

               Official Journal of the European Union

               L 303/75

         COMMISSION DECISION (EU) 2015/2099
   of 18 November 2015
   establishing the ecological criteria for the award of the EU Ecolabel for growing media, soil improvers and mulch

         (notified under document C(2015) 7891)

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
   After consulting the European Union Eco-labelling Board,
   Whereas:

               (1)

               Under Regulation (EC) No 66/2010, the EU Ecolabel may be awarded to products which have a reduced environmental impact during their entire life cycle.

               (2)

               Regulation (EC) No 66/2010 provides that specific EU Ecolabel criteria are to be established according to product groups.

               (3)

               Commission Decision 2006/799/EC (2) and Commission Decision 2007/64/EC (3) have established the ecological criteria and the related assessment and verification requirements for soil improvers and growing media, respectively, which are valid until 31 December 2015.

               (4)

               In order to better reflect the state of the art of the market for these product groups and take into account the innovation of the last years, it is considered appropriate to merge both product groups into one product group and add mulch to its scope, as it is distinguished as a type of soil improver with particular characteristics and functions.

               (5)

               The revised criteria, as well as the related assessment and verification requirements should be valid for 4 years from the date of adoption of this Decision, taking into account the innovation cycle for this product group. These criteria aim at promoting the recycling of materials, the use of renewable and recycled materials, thus reducing environmental degradation, and decreasing soil and water pollution by means of establishing strict limits on pollutants concentrations in the final product.

               (6)

               Decision 2006/799/EC and Decision 2007/64/EC should therefore be replaced by this Decision.

               (7)

               A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for soil improvers and growing media on the basis of the criteria set out in Decision 2006/799/EC and Decision 2007/64/EC, respectively, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   The product group ‘growing media, soil improvers and mulch’ shall comprise growing media, organic soil improvers and organic mulch.
   Article 2
   For the purpose of this Decision, the following definitions shall apply:

               (1)

               ‘Growing medium’ means a material used as a substrate for root development, in which plants are grown;

               (2)

               ‘Mineral growing medium’ means a growing medium totally composed by mineral constituents;

               (3)

               ‘Soil improver’ means a material added to soil in situ whose main function is to maintain or improve its physical and/or chemical and/or biological properties, with the exception of liming materials;

               (4)

               ‘Organic soil improver’ means a soil improver containing carbonaceous materials whose main function is to increase soil organic matter content;

               (5)

               ‘Mulch’ means a type of soil improver used as protective covering placed around plants on the topsoil whose specific functions are to prevent the loss of moisture, control weed growth, and reduce soil erosion;

               (6)

               ‘Organic mulch’ means mulch containing carbonaceous materials derived from biomass;

               (7)

               ‘Constituent’ means any input material that can be used as an ingredient of the product;

               (8)

               ‘Organic constituent’ means a constituent composed by carbonaceous materials;

               (9)

               ‘Product family’ means the range of products composed by the same constituents;

               (10)

               ‘Annual output’ means annual production of a product family;

               (11)

               ‘Annual input’ means the annual amount of materials treated in a waste or animal by-product treatment plant;

               (12)

               ‘Batch’ means quantity of goods manufactured by the same process under the same conditions and labelled in the same manner and is assumed to have the same characteristics;

               (13)

               ‘Bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants;

               (14)

               ‘Biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

         Article 3
   In order to be awarded the EU Ecolabel under Regulation (EC) No 66/2010, a product shall fall within the product group ‘growing media, soil improvers and mulch’, as defined in Article 1 of this Decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the Annex.
   Article 4
   The criteria for the product group ‘growing media, soil improvers and mulch’ and the related assessment and verification requirements shall be valid for 4 years from the date of adoption of this Decision.
   Article 5
   For administrative purposes the code number assigned to the product group ‘growing media, soil improvers and mulch’ shall be ‘048’.
   Article 6
   Decision 2006/799/EC and Decision 2007/64/EC are repealed.
   Article 7
   1.   By derogation from Article 6, applications for the EU Ecolabel for products falling within the product groups ‘soil improvers’ or ‘growing media’ submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2006/799/EC and Decision 2007/64/EC, respectively.
   2.   Applications for the EU Ecolabel for products falling within the product groups ‘soil improvers’ or ‘growing media’ submitted within 2 months from the date of adoption of this Decision may be based either on the criteria set out in Decision 2006/799/EC and Decision 2007/64/EC, respectively, or on the criteria set out in this Decision. Those applications shall be evaluated in accordance with the criteria on which they are based.
   3.   EU Ecolabel licences awarded in accordance with the criteria set out in Decision 2006/799/EC and Decision 2007/64/EC may be used for 12 months from the date of adoption of this Decision.
   Article 8
   This Decision is addressed to the Member States.

      Done at Brussels, 18 November 2015.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2006/799/EC of 3 November 2006 establishing revised ecological criteria and the related assessment and verification requirements for the award of the Community eco-label to soil improvers (OJ L 325, 24.11.2006, p. 28).

      (3)  Commission Decision 2007/64/EC of 15 December 2006 establishing revised ecological criteria and the related assessment and verification requirements for the award of the Community eco-label to growing media (OJ L 32, 6.2.2007, p. 137).

      ANNEX

         FRAMEWORK

      EU ECOLABEL CRITERIA
      Criteria for awarding the EU Ecolabel to growing media, soil improvers and mulch:

                  Criterion 1

               — Constituents

                  Criterion 2

               — Organic constituents

                  Criterion 3

               — Mineral growing media and mineral constituents

                  Criterion 3.1

               — Energy consumption and CO2 emissions

                  Criterion 3.2

               — Sources of mineral extraction

                  Criterion 3.3

               — Mineral growing media use and after use

                  Criterion 4

               — Recycled/recovered and organic materials in growing media

                  Criterion 5

               — Limitation of hazardous substances

                  Criterion 5.1

               — Heavy metals

                  Criterion 5.2

               — Polycyclic Aromatic Hydrocarbons

                  Criterion 5.3

               — Hazardous substances and mixtures

                  Criterion 5.4

               — Substances listed in accordance with Article 59(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1)

                  Criterion 5.5

               — Limits for E. coli and Salmonella spp.

                  Criterion 6

               — Stability

                  Criterion 7

               — Physical contaminants

                  Criterion 8

               — Organic matter and dry matter

                  Criterion 9

               — Viable weed seeds and plant propagules

                  Criterion 10

               — Plant response

                  Criterion 11

               — Growing media features

                  Criterion 12

               — Provision of information

                  Criterion 13

               — Information appearing on the EU Ecolabel

         Table 1

         Applicability of the different criteria to each type of product covered by the scope

                  Criterion

                  Growing media

                  Soil improvers

                  Mulch

                  Criterion 1 — Constituents

                  x

                  x

                  x

                  Criterion 2 — Organic constituents

                  x

                  x

                  x

                  Criterion 3.1. — Mineral growing media and mineral constituents: Energy consumption and CO2 emissions

                  x

                  Criterion 3.2 — Mineral growing media and mineral constituents: Sources of mineral extraction

                  x

                  x

                  x

                  Criterion 3.3 — Mineral growing media and mineral constituents: Mineral growing media use and after use

                  x

                  Criterion 4 — Recycled/recovered and organic materials in growing media

                  x

                  Criterion 5 — Limitation of hazardous substances

                  Criterion 5.1 — Heavy metals

                  x

                  x

                  x

                  Criterion 5.2 — Polycyclic Aromatic Hydrocarbons

                  x

                  x

                  x

                  Criterion 5.3 — Hazardous substances and mixtures

                  x

                  x

                  x

                  Criterion 5.4 — Substances listed in accordance with Article 59(1) of Regulation (EC) No 1907/2006

                  x

                  x

                  x

                  Criterion 5.5 — Limits for E. coli and Salmonella spp.

                  x

                  x

                  x

                  Criterion 6 — Stability

                  x

                  x

                  x

                  Criterion 7 — Physical contaminants

                  x

                  x

                  x

                  Criterion 8 — Organic matter and dry matter

                  x

                  x

                  Criterion 9 — Viable weed seeds and plant propagules

                  x

                  x

                  Criterion 10 — Plant response

                  x

                  x

                  Criterion 11 — Growing media features

                  x

                  Criterion 12 — Provision of information

                  x

                  x

                  x

                  Criterion 13 — Information appearing on the EU Ecolabel

                  x

                  x

                  x

            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, these may originate from the applicant and/or their supplier(s) as appropriate.
      Competent Bodies shall preferentially recognise attestations which are issued by bodies accredited according to the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited according to the relevant harmonised standard for bodies certifying products, processes and services.
      Where appropriate, test methods other than those indicated for each criterion may be used if the Competent Body assessing the application accepts their equivalence.
      Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.
      As pre-requisite, the product must meet all respective legal requirements of the country (countries) in which the product is intended to be placed on the market. The applicant shall declare the product's compliance with this requirement.
      The sampling shall be carried out according to EN 12579 (Soil improvers and growing media. Sampling). Samples shall be prepared according to EN 13040 (Soil improvers and growing media. Sample preparation for chemical and physical tests, determination of dry matter content, moisture content and laboratory compacted bulk density).
      For the application year, the sampling and test frequency shall fulfil the requirements set in Appendix 1. For the following years, the sampling and test frequency of final products shall fulfil the requirements set in Appendix 2. Different sampling and testing frequencies are set for the following types of plants:

                  —

                  :

                  Type 1

                  :

                  Treatment plants for waste or for animal by-products

                  —

                  :

                  Type 2

                  :

                  Product manufacture plants using materials from Type 1 plants

                  —

                  :

                  Type 3

                  :

                  Product manufacture plants not using materials derived from waste or from animal by-products.

            For Type 2 plants, the sampling and test frequencies for the application year and the following years will be the same as the frequencies set for Type 3, if their waste/animal by-product-derived materials' suppliers comply with the EU Ecolabel criteria for soil improvers. The applicant shall provide the Competent Body with the test reports from the suppliers, together with the documentation to ensure the compliance of the suppliers with the EU Ecolabel criteria. The Competent Body may recognize the sampling and testing frequencies within the national or regional legislation and standards as valid to ensure the compliance with the EU Ecolabel criteria of the suppliers of waste or animal by-products derived materials. In case when a product constitutes or contains material of animal origin reference shall be done to microbiological standards and animal and public health controls set out in Commission Regulation (EU) No 142/2011 (2).

         Criterion 1 — Constituents

      This criterion applies to growing media, soil improvers and mulch.
      The constituents admitted shall be organic and/or mineral constituents.

         Assessment and verification:

      The applicant shall provide the Competent Body with a list of constituents of the product.

         Criterion 2 — Organic constituents

      This criterion applies to growing media, soil improvers and mulch.

         Criterion 2.1.

      A final product shall not contain peat.

         Criterion 2.2.

                  (1)

                  The following materials are allowed as organic constituents of a final product.

                              —

                              Materials derived from the recycling of bio-waste from separate collection, as defined in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council (3).

                              —

                              Materials derived from category 2 and 3 animal by-products as laid down in Article 32 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (4) and technical standards which are laid down by implementing Regulation (EU) 142/2011.

                              —

                              Materials derived from faecal matter, straw and other natural non-hazardous agricultural or forestry material as defined in Article 2(1)(f) of Directive 2008/98/EC.

                              —

                              Materials derived from any other biomass by-products, as defined in Article 5 of Directive 2008/98/EC, that are not mentioned above, subject to the provisions of (2) and sub-criterion 2.3.

                              —

                              Materials derived from recycling or recovery of any other biomass waste not mentioned above, subject to the provisions of (2) and sub-criterion 2.3.

                  (2)

                  The following materials are not allowed as organic constituents of a final product.

                              —

                              Materials totally or partially derived from the organic fraction of mixed municipal household waste separated through mechanical, physicochemical, biological and/or manual treatment.

                              —

                              Materials totally or partially derived from sludges derived from municipal sewage water treatment and from sludges derived from the paper industry.

                              —

                              Materials totally or partially derived from sludges other than those allowed in Criterion 2.3.

                              —

                              Materials totally or partially derived from category 1 animal by-products according to Regulation (EC) No 1069/2009.

         Criterion 2.3.

      Materials derived from recycling or recovery of sludges are only allowed if the sludges comply with the following requirements:

                  (a)

                  they are identified as one of the following types of waste according to the European List of Wastes, as defined by Commission Decision 2000/532/EC (5) presented in Table 2:

                     Table 2

                     Sludges allowed and their codes according to the European List of Wastes

                              0203 05

                              sludges from on-site effluent treatment in the preparation and processing of fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco, conserve production, yeast and yeast extract production, molasses preparation and fermentation;

                              0204 03

                              sludges from on-site effluent treatment in sugar processing;

                              0205 02

                              sludges from on-site effluent treatment in the dairy products industry;

                              0206 03

                              sludges from on-site effluent treatment in the baking and confectionery industry;

                              0207 05

                              sludges from on-site effluent treatment in the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa).

                  (b)

                  they are single-source separated, meaning that there has been no mixing with effluents or sludges outside a specific production process.

         Assessment and verification:

      The applicant shall provide the Competent Body with the information about the origin of each organic constituent of the product and a declaration of compliance with the above requirement.

         Criterion 3 — Mineral growing media and mineral constituents

         Criterion 3.1. Energy consumption and CO2 emissions

      This criterion applies to mineral growing media only.
      The manufacture of expanded minerals and mineral wool shall fulfil the following energy consumption and CO2 emissions thresholds:

                  —

                  Energy consumption/product ≤ 11 GJ/t product

                  —

                  CO2 emissions/product ≤ 0,8 t CO2/t product

            The ratio energy consumption/product shall be calculated as an annual average as follows:

      Where:

                  —

                     n is the number of years of the period used to calculate the average

                  —

                     i is each year of the period used to calculate the average

                  —

                     Production is the production of mineral wool or expanded minerals in tonnes in the year i

                  —

                     F is the annual consumption of fuels in the production process in the year i

                  —

                     Elgrid
                      is the annual electricity consumption from the grid in the year i

                  —

                     Hcog
                      is the annual consumption of useful heat from cogeneration in the year i

                  —

                     Elcog
                      is the annual consumption of electricity from cogeneration in the year i

                  —

                     Ref Hη and Ref Eη are the reference efficiencies for the separate production of heat and electricity as defined in the Directive 2012/27/EU of the European Parliament and of the Council (6) and calculated according to the Commission Implementing Decision 2011/877/EU (7)

                  —

                     PEScog
                      is the primary energy saving of the cogeneration plant as defined in the Directive 2012/27/EU, in the year i

            The ratio CO2 emissions/product shall be calculated as an annual average as follows:

      Where:

                  —

                     n is the number of years of the period used to calculate the average

                  —

                     i is each year of the period used to calculate the average

                  —

                     Production is the mineral wool production in tonnes in the year i

                  —

                     Direct CO2
                      is the CO2 emissions as defined in Commission Regulation (EU) No 601/2012 (8), in the year i

                  —

                     Indirect CO2
                      is the indirect CO2 emissions due to final energy consumption in the year i, and shall be calculated as:

      Where:

                  —

                     FEgrid
                      is the EU average carbon intensity of the electricity grid, according to MEErP (9) methodology (0,384 tCO2/MWhe = 0,107 tCO2/GJe)

                  —

                     FEfuel cog
                      is the CO2 emission factor of the fuel consumed in the cogeneration plant

            The direct CO2 emissions shall be monitored according to Regulation (EU) No 601/2012.
      The period to calculate the ratios energy consumption/product and CO2 emissions/product shall be the last 5 years before the application. If the operation period of the plant is less than 5 years at the date of application, the ratio shall be calculated as an annual average of that operation period, which shall be at least 1 year.

         Assessment and verification:

      The applicant shall provide the Competent Body with a declaration which includes the following information.

                  —

                  Ratio energy consumption (GJ)/product (tonne).

                  —

                  Ratio CO2 emissions (tonne)/product (tonne).

                  —

                  Direct CO2 emissions (tonnes) for each year of the period to calculate the average.

                  —

                  Indirect CO2 emissions (tonnes) for each year of the period to calculate the average.

                  —

                  Fuels consumed, consumption of each fuel (GJ), sub-process/es of the manufacture process where they are consumed for each year of the period to calculate the average.

                  —

                  Electricity consumption from the grid (GJ final energy) for each year of the period to calculate the average.

                  —

                  Useful heat consumption from cogeneration (GJ final energy) for each year of the period to calculate the average.

                  —

                  Electricity consumption from cogeneration (GJ final energy) for each year of the period to calculate the average.

                  —

                  Reference efficiencies for separate production of heat and electricity.

                  —

                  Primary energy saving (PES) (%) of the cogeneration for each year of the period to calculate the average.

                  —

                  Identification of fuels used in cogeneration and their share in the fuel mix, for each year of the period to calculate the average.

            The following documents shall be provided together with the declarations.

                  —

                  Annual emissions report according to Regulation (EU) No 601/2012, for each year of the period to calculate the average.

                  —

                  Verification report finding the annual emissions report satisfactory according to Commission Regulation (EU) No 600/2012 (10), for each year of the period to calculate the average.

                  —

                  Records of electricity consumption from the grid provided by the supplier, for each year of the period to calculate the average.

                  —

                  Records of the useful heat and electricity consumption from cogeneration, both on-site and purchased, for each year of the period to calculate the average.

         Criterion 3.2. Sources of mineral extraction

      This criterion applies to growing media, soil improvers and mulch.
      Extracted minerals can be used as constituents of the final product provided that:

                  (1)

                  (Within the EU): If they are extracted from Natura 2000 network areas, composed of Special Protection Areas under Directive 2009/147/EC of the European Parliament and of the Council (11) on the conservation of wild birds, and Special Areas of Conservation under Council Directive 92/43/EEC (12) on the conservation of natural habitats and wild fauna and flora, extraction activities have been assessed and authorised in accordance with the provisions of Article 6 of Directive 92/43/EEC and taking into account the EC Guidance document on non-energy mineral extraction and Natura 2000 (13);

                  (2)

                  (Outside the EU): If they are extracted from protected areas designated as such under the national legislation of the sourcing/exporting countries, the extraction activities have been assessed and authorised in accordance with provisions that provide assurances equivalent to those under (1).

         Assessment and verification

      In case mineral extraction activities have been carried out in Natura 2000 network areas (in the EU) or protected areas designated as such under the national legislation of the sourcing/exporting countries (outside the EU), the applicant shall provide a declaration of compliance with this requirement issued by the competent authorities or a copy of their authorisation issued by the competent authorities.

         Criterion 3.3. Mineral growing media use and after use

      This criterion is applicable to mineral growing media only.
      The mineral growing media shall only be offered for use for professional horticultural applications.
      The applicant shall offer customers a structured collection and recycling service, which may use third party service providers. The collection and recycling service shall cover a minimum of 70 % v/v of the applicant's sales of the product across the European Union.

         Assessment and verification:

      The applicant shall provide the Competent Body with a declaration that the mineral growing media is only offered for use in professional horticultural applications. A statement about the professional horticultural application of the product shall be included in the information provided to the end-user.
      The applicant shall inform the Competent Body about the option(s) on offer of structured collection and recycling service and the results of the option(s) implemented. In particular, the applicant shall provide the following documentation and information.

                  —

                  Contract documentation between the manufacturer and the service providers.

                  —

                  Description of collection, processing and destinations.

                  —

                  Annual overview of the total sales volume of growing media in the European Union Member States and an annual overview of the sales volumes in areas of those Member States where collection and processing are on offer.

                  —

                  In case of new entrants, an estimation of the annual overview of the total sales volume of growing media in the European Union Member States and an estimation of the annual overview of the sales volumes in areas of those Member States where collection and processing are on offer, shall be provided. Real data shall be provided 1 year after the EU Ecolabel license is awarded.

         Criterion 4 — Recycled/recovered and organic materials in growing media

      This criterion applies to growing media only.
      Growing media products shall contain a minimum percentage of recycled/recovered content or organic content, as follows:

                  (a)

                  The growing medium shall contain a minimum of 30 % of organic constituents (expressed as volume of organic constituent per total volume of the final product); or

                  (b)

                  The mineral growing medium shall contain mineral constituents manufactured from a process using at least 30 % of recycled materials (expressed as the dry weight of recycled/recovered materials per total dry weight of the input materials).

         Assessment and verification:

      The applicant shall declare the following information:

                  —

                  for the case (a): volume of organic constituents declared in Criterion 1 per total volume of the final product, or

                  —

                  for the case (b): dry weight of recycled/recovered materials per total dry weight of the input materials.

            For the case (b), the applicant shall also declare the following information about the mineral constituents:

                  —

                  identification of raw material inputs, dry weight of the raw material input per total dry weight of the input materials, and origin, for each raw material input, and

                  —

                  identification of recycled/recovered material inputs, dry weight of recycled/recovered material input per total dry weight of the input materials and origin, for each recycled/recovered material input.

         Criterion 5 — Limitation of hazardous substances

         Criterion 5.1. — Limits for heavy metals

      This criterion applies to growing media, soil improvers and mulch.
      (a)   Soil improvers, mulch and organic constituents of growing media
      For soil improvers, mulch and organic constituents of growing media, the content of the following elements in the final product or constituent shall not exceed the values shown in Table 3, measured in terms of dry weight (DW) of the product.

         Table 3

         Heavy metals limits for soil improvers, mulch and organic constituents of growing media

                  Heavy metal

                  Maximum content in the product (mg/kg DW)

                  Cadmium (Cd)

                  1

                  Chromium total (Cr)

                  100

                  Copper (Cu)

                  100

                  Mercury (Hg)

                  1

                  Nickel (Ni)

                  50

                  Lead (Pb)

                  100

                  Zinc (Zn)

                  300

            (b)   Growing media
      For growing media, including mineral growing media, the content of the following elements in the final product shall not exceed the values shown in Table 4, measured in terms of dry weight of the product.

         Table 4

         Heavy metal limits for growing media, including mineral growing media

                  Heavy metal

                  Maximum content in the product (mg/kg DW)

                  Cadmium (Cd)

                  3

                  Chromium total (Cr)

                  150

                  Copper (Cu)

                  100

                  Mercury (Hg)

                  1

                  Nickel (Ni)

                  90

                  Lead (Pb)

                  150

                  Zinc (Zn)

                  300

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure indicated in the respective EN standards presented in Table 5. In the case of organic constituents of growing media, the test reports may be provided by the suppliers.

         Table 5

         Standard methods of extraction and measurement of heavy metals

                  Heavy metals

                  Method of measurement

                  Method of extraction

                  Cadmium (Cd)

                  EN 13650

                  For soil improvers, mulch, organic constituents of growing media and growing media, except mineral growing media:
                  EN 13650 Soil improvers and growing media — Extraction of aqua regia soluble elements
                  For mineral growing media:
                  EN 13651 Soil improvers and growing media — Extraction of calcium chloride/DTPA (CAT) soluble nutrients and elements

                  Chromium total (Cr)

                  EN 13650

                  Copper (Cu)

                  EN 13650

                  Mercury (Hg)

                  EN 16175 (14)

                  Nickel (Ni)

                  EN 13650

                  Lead (Pb)

                  EN 13650

                  Zinc (Zn)

                  EN 13650

         Criterion 5.2. — Limits for Polycyclic Aromatic Hydrocarbons (PAH)

      This criterion applies to growing media, soil improvers and mulch, with the exception of mineral growing media.
      The content of the following polycyclic aromatic hydrocarbons in the final product shall not exceed the value shown in Table 6, measured in terms of dry weight of the product.

         Table 6

         Limit for PAH

                  Pollutant

                  Maximum content in the product (mg/kg DW)

                  PAH16

                  6

                  PAH16= sum of naphthalene, acenaphtylene, acenaphtene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure indicated in CEN/TS 16181 Sludge, treated biowaste and soil — Determination of polycyclic aromatic hydrocarbons (PAH) by gas chromatography (GC) and high performance liquid chromatography (HPLC) or equivalent.

         Criterion 5.3. — Hazardous substances and mixtures

      This criterion applies to growing media, soil improvers and mulch.
      The final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, or carcinogenic, mutagenic or toxic for reproduction hazardous to the environment, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (15).
      The product shall not contain substances or mixtures classified as toxic, hazardous to the environment, respiratory or skin sensitisers, or carcinogenic, mutagenic or toxic for reproduction in accordance with Regulation (EC) No 1272/2008 and as interpreted according to the hazard statements listed in Table 7. Any intentionally added ingredient present at a concentration above 0,010 % w/w (in terms of wet weight) in the product shall meet this requirement. Where stricter, the generic or specific concentration limits determined in accordance with Article 10 of Regulation (EC) No 1272/2008 shall prevail to the cut-off limit value of 0,010 % w/w (in terms of wet weight) mentioned above.

         Table 7

         Restricted hazard classifications and their categorisation

                  Acute toxicity

                     Category 1 and 2

                     Category 3

                  H300 Fatal if swallowed

                  H301 Toxic if swallowed

                  H310 Fatal in contact with skin

                  H311 Toxic in contact with skin

                  H330 Fatal if inhaled

                  H331 Toxic if inhaled

                  H304 May be fatal if swallowed and enters airways

                  EUH070 Toxic by eye contact

                  Specific target organ toxicity

                     Category 1

                     Category 2

                  H370 Causes damage to organs

                  H371 May cause damage to organs

                  H372 Causes damage to organs through prolonged or repeated exposure

                  H373 May cause damage to organs through prolonged or repeated exposure

                  Respiratory and skin sensitisation

                     Category 1A

                     Category 1B

                  H317: May cause allergic skin reaction

                  H317: May cause allergic skin reaction

                  H334: May cause allergy or asthma symptoms or breathing difficulties if inhaled

                  H334: May cause allergy or asthma symptoms or breathing difficulties if inhaled

                  Carcinogenic, mutagenic or toxic for reproduction

                     Category 1A and 1B

                     Category 2

                  H340 May cause genetic defects

                  H341 Suspected of causing genetic defects

                  H350 May cause cancer

                  H351 Suspected of causing cancer

                  H350i May cause cancer by inhalation

                  H360F May damage fertility

                  H361f Suspected of damaging fertility

                  H360D May damage the unborn child

                  H361d Suspected of damaging the unborn child

                  H360FD May damage fertility. May damage the unborn child

                  H361fd Suspected of damaging fertility. Suspected of damaging the unborn child

                  H360Fd May damage fertility. Suspected of damaging the unborn child

                  H362 May cause harm to breast fed children

                  H360Df May damage the unborn child. Suspected of damaging fertility

                  Hazardous to the aquatic environment

                     Category 1 and 2

                     Category 3 and 4

                  H400 Very toxic to aquatic life

                  H412 Harmful to aquatic life with long-lasting effects

                  H410 Very toxic to aquatic life with long-lasting effects

                  H413 May cause long-lasting effects to aquatic life

                  H411 Toxic to aquatic life with long-lasting effects

                  Hazardous to the ozone layer

                  H420 Hazardous to the ozone layer

            The most recent classification rules adopted by the Union shall take precedence over the listed hazard classifications. In accordance with Article 15 of Regulation (EC) No 1272/2008, applicants shall therefore ensure that any classifications are based on the most recent rules on classification, labelling and packaging of substances and mixtures.
      The hazard statements generally refer to substances. However, if information on substances cannot be obtained, the classification rules for mixtures shall apply.
      Substances or mixtures which change their properties through processing and thus become no longer bioavailable or undergo chemical modification in a way that removes the previously identified hazard are exempted from criterion 5.3.
      This criterion does not apply to those final products composed by:

                  —

                  Materials not included in the scope of the Regulation (EC) No 1907/2006 according its Article 2(2).

                  —

                  Substances covered by Article 2(7)(b) of the Regulation (EC) No 1907/2006, which sets out criteria for exempting substances within Annex V to that Regulation from the registration, downstream user and evaluation requirements.

            In order to determine if this exclusion applies, the applicant shall screen any intentionally added substance present at a concentration above 0,010 % w/w (in terms of wet weight).

         Assessment and verification:

      The applicant shall screen the presence of substances and mixtures that may be classified with the hazard statements reported in this criterion. The applicant shall provide the Competent Body with a declaration of compliance with this criterion for the product.
      That declaration shall include related documentation, such as declarations of compliance signed by the suppliers, on the non-classification of the substances, mixtures or materials with any of the hazard classes associated to the hazard statements referred in Table 7 in accordance with Regulation (EC) No 1272/2008, as far as this can be determined, as a minimum, from the information meeting the requirements listed in Annex VII to Regulation (EC) No 1907/2006.
      The information provided shall relate to the forms or physical states of the substances or mixtures as used in the final product.
      The following technical information shall be provided to support the declaration of classification or non-classification for each substance and mixture:

                  (i)

                  for substances that have not been registered under Regulation (EC) No 1907/2006 or which do not yet have a harmonised CLP classification: information meeting the requirements listed in Annex VII to that Regulation;

                  (ii)

                  for substances that have been registered under Regulation (EC) No 1907/2006 and which do not meet the requirements for CLP classification: information based on the REACH registration dossier confirming the non-classified status of the substance;

                  (iii)

                  for substances that have a harmonised classification or are self-classified: safety data sheets where available. If these are not available or the substance is self-classified then information shall be provided relevant to the substances hazard classification in accordance with Annex II to Regulation (EC) No 1907/2006;

                  (iv)

                  in the case of mixtures: safety data sheets where available. If these are not available then calculation of the mixture classification shall be provided according to the rules under Regulation (EC) No 1272/2008 together with information relevant to the mixtures hazard classification in accordance with Annex II to Regulation (EC) No 1907/2006.

            Safety data sheets shall be provided for the materials composing the final product and for substances and mixtures used in the formulation and treatment of the materials remaining in the final product at a concentration above a cut-off limit of 0,010 % w/w (in terms of wet weight) unless a lower generic or specific concentration limit applies in accordance with the Article 10 of Regulation (EC) No 1272/2008.
      Safety data sheets shall be completed in accordance with the guidance set out in sections 10, 11 and 12 of Annex II to Regulation (EC) No 1907/2006 (requirements for the compilation of safety data sheets). Incomplete safety data sheets shall require supplementing with information from declarations by chemical suppliers.
      Information on intrinsic properties of substances may be generated by means other than tests, for instance through the use of alternative methods such as in vitro methods, by quantitative structure activity models or by the use of grouping or read-across in accordance with Annex XI to Regulation (EC) No 1907/2006.
      The sharing of relevant data across the supply chain is strongly encouraged.
      In the case of mineral wool, the applicant shall also provide the following:

                  (a)

                  Certificate awarded for the right to use the European Certification Board for Mineral Wool Products trademark to demonstrate compliance with the Note Q within the Regulation (EC) No 1272/2008.

                  (b)

                  Test report according to ISO 14184-1 Textiles — Determination of formaldehyde — Part 1: Free and hydrolysed formaldehyde.

         Criterion 5.4. — Substances listed in accordance with Article 59(1) of Regulation (EC) No 1907/2006

      The final product shall not contain any intentionally added substances of very high concern and included in the list provided for in Article 59(1) of Regulation (EC) No 1907/2006, present in the final product in concentrations > 0,010 % in terms of wet weight.

         Assessment and verification:

      Reference to the latest list of substances of very high concern shall be made on the date of application. The applicant shall provide a declaration of compliance with criterion 5.4, together with related documentation, including declarations of compliance signed by the material suppliers and copies of relevant SDS for substances or mixtures in accordance with Annex II to Regulation (EC) No 1907/2006 for substances or mixtures. Concentration limits shall be specified in the safety data sheets in accordance with Article 31 of Regulation (EC) No 1907/2006 for substances and mixtures.

         Criterion 5.5. — Limits for E. coli and Salmonella spp.

      This criterion applies to growing media, soil improvers and mulch, with the exception of mineral growing media.
      The content of primary pathogens in the final product shall not exceed the levels set in Table 8.

         Table 8

         Limit values for E. coli and Salmonella spp.

                  Pathogen

                  Limit

                     E. coli

                  1 000 CFU/g fresh weight

                     Salmonella spp.

                  absent in 25 g fresh weight

                  CFU= colony-forming units.

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure indicated in Table 9.

         Table 9

         Standard test method for E. coli and Salmonella spp.

                  Parameter

                  Test method

                     E. coli

                  CEN/TR 16193 Sludge, treated biowaste and soil. Detection and enumeration of Escherichia coli or equivalent

                     Salmonella spp.

                  ISO 6579 Microbiology of food and animal feeding stuffs — Horizontal method for the detection of Salmonella spp.

         Criterion 6 — Stability

      This criterion applies to growing media, soil improvers and mulch, with the exception of mulch totally composed of lignocellulosic constituents and mineral growing media.
      Soil improvers and mulch for non-professional applications and growing media for all applications shall meet one of the requirements presented in Table 10.

         Table 10

         Stability requirements of soil improvers and mulch intended for non-professional applications and growing media intended for all applications

                  Stability parameter

                  Requirement

                  Maximum Respirometric index

                  15 mmol O2/kg organic matter/h

                  Minimum Rottegrad, where applicable

                  IV (self-heating test temperature rise of maximum 20 °C above ambient temperature)

            Soil improvers and mulch for professional applications shall meet one of the requirements presented in Table 11.

         Table 11

         Stability requirements of soil improvers and mulch intended for professional applications

                  Stability parameter

                  Requirement

                  Maximum Respirometric index

                  25 mmol O2/kg organic matter/h

                  Minimum Rottegrad, where applicable

                  III (self-heating test temperature rise of maximum 30 °C above ambient temperature)

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure indicated in Table 12.

         Table 12

         Standard test method for stability

                  Parameter

                  Test method

                  Respirometric index

                  EN 16087-1 Soil improvers and growing media — Determination of the aerobic biological activity. Oxygen uptake rate (OUR)

                  Rottegrad

                  EN 16087-2 Soil improvers and growing media. Determination of the aerobic biological activity. Self-heating test for compost

         Criterion 7 — Physical Contaminants

      This criterion applies to growing media, soil improvers and mulch, with the exception of mineral growing media.
      The content of glass, metal and plastic with mesh size of > 2 mm in the final product shall not exceed 0,5 %, measured in terms of dry weight.

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure indicated in the Technical Specification CEN/TS 16202 (Sludge, treated biowaste and soil — Determination of impurities and stones), or another equivalent testing procedure authorised by the Competent Body.

         Criterion 8 — Organic matter and dry matter

      This criterion applies to soil improvers and mulch.
      The organic matter as loss on ignition of the final product shall be at least 15 % dry weight (% DW).
      The dry matter content of the final product shall be at least 25 % of the fresh weight (% FW).

         Assessment and verification:

      The applicant shall provide the Competent Body with test reports conducted in accordance with the testing procedure presented in Table 13.

         Table 13

         Standard test methods for Dry matter and Organic matter

                  Parameter

                  Test method

                  Dry matter (% FW)

                  EN 13040 Soil improvers and growing media. Sample preparation for chemical and physical tests, determination of dry matter content, moisture content and laboratory compacted bulk density

                  Organic matter as Loss on Ignition (% DM)

                  EN 13039 Soil improvers and growing media. Determination of organic matter content and ash

         Criterion 9 — Viable weed seeds and plant propagules

      This criterion applies to growing media and soil improvers, with the exception of mineral growing media.
      Final products shall not contain more than two units of viable weed seeds and plant propagules per litre.

         Assessment and verification:

      The applicant shall provide the Competent Body with a test report in accordance with the testing procedure indicated in the Technical Specification CEN/TS 16201 (Sludge, treated biowaste and soil — Determination of viable plant seeds and propagules), or another equivalent testing procedure authorised by the Competent Body.

         Criterion 10 — Plant response

      This criterion applies to growing media and soil improvers.
      Final products shall not adversely affect plant emergence or subsequent growth.

         Assessment and verification:

      The applicant shall provide the Competent Body with a valid test conducted in accordance with the testing procedure indicated in EN 16086-1 (Soil improvers and growing media — Determination of plant response — Part 1: Pot growth test with Chinese cabbage).

         Criterion 11 — Growing media features

      This criterion only applies to growing media.

         Criterion 11.1. — Electrical conductivity

      The electrical conductivity of the final product shall be below 100 mS/m.

         Assessment and verification:

      The applicant shall provide the Competent Body with a test report conducted in accordance with the testing procedure indicated in EN 13038 (Soil improvers and growing media — Determination of electrical conductivity).

         Criterion 11.2. — pH

      The pH of the final product shall be in the range 4-7.

         Assessment and verification:

      The applicant shall provide the Competent Body with a test report conducted in accordance with the testing procedure indicated in EN 13037 (Soil improvers and growing media — Determination of pH).

         Criterion 11.3. — Sodium content

      The sodium content in water extracts of the final product shall not exceed 150 mg/l of fresh product.

         Assessment and verification:

      The applicant shall provide the Competent Body with a test report conducted in accordance with the testing procedure indicated in EN 13652 (Soil improvers and growing media — Extraction of water soluble nutrients and elements).

         Criterion 11.4. — Chloride content

      The chloride content in water extracts of the final product shall not exceed 500 mg/l of fresh product.

         Assessment and verification:

      The applicant shall provide the Competent Body with a test report conducted in accordance with the testing procedure indicated in EN 13652 (Soil improvers and growing media — Extraction of water soluble nutrients and elements).

         Criterion 12 — Provision of information

      This criterion applies to growing media, soil improvers and mulch.
      The following information shall be provided with the product either on the packaging or in accompanying fact sheets.

         Criterion 12.1. — Soil improvers

                  (a)

                  The name and address of the body responsible for marketing;

                  (b)

                  A descriptor identifying the product by type, including the wording ‘SOIL IMPROVER’;

                  (c)

                  A batch identification code;

                  (d)

                  The quantity (in weight);

                  (e)

                  Range of moisture content;

                  (f)

                  The main materials (those over 5 % by weight) from which the product has been manufactured;

                  (g)

                  The recommended conditions of storage and the recommended ‘use by’ date;

                  (h)

                  Guidelines for safe handling and use;

                  (i)

                  A description of the purpose for which the product is intended and any limitations on use, including a statement about the suitability of the product for particular plant groups (e.g. calcifuges or calcicoles);

                  (j)

                  pH (reference of the test method used);

                  (k)

                  Organic carbon content (%), total nitrogen content (%) and inorganic nitrogen content (%) (reference to the test method used);

                  (l)

                  Carbon/Nitrogen ratio;

                  (m)

                  Total phosphorus (%) and total potassium (%) (reference to the test method used);

                  (n)

                  For products for non-professional use, a statement about the stability of organic matter (stable or very stable);

                  (o)

                  A statement on recommended methods of use;

                  (p)

                  In non-professional applications: recommended rate of application expressed in kilograms of product per unit surface area (m2) per annum.

         Criterion 12.2. — Growing media

                  (a)

                  The name and address of the body responsible for marketing;

                  (b)

                  A descriptor identifying the product by type, including the wording ‘GROWING MEDIUM’;

                  (c)

                  A batch identification code;

                  (d)

                  The quantity (in volume or number of slabs, in case of mineral wool, specifying the dimensions of the slab);

                  (e)

                  Range of moisture content;

                  (f)

                  The main materials (those over 5 % by volume) from which the product has been manufactured;

                  (g)

                  The recommended conditions of storage and the recommended ‘use by’ date;

                  (h)

                  Guidelines for safe handling and use;

                  (i)

                  A description of the purpose for which the product is intended and any limitations on use, including a statement about the suitability of the product for particular plant groups (e.g. calcifuges or calcicoles);

                  (j)

                  pH (EN 13037);

                  (k)

                  Electrical Conductivity (1:5 extraction);

                  (l)

                  Germination inhibition (EN 16086-1);

                  (m)

                  Growth inhibition (EN 16086-1);

                  (n)

                  A statement about the stability of organic matter (stable or very stable);

                  (o)

                  A statement on recommended methods of use;

                  (p)

                  For mineral growing media, a statement about the professional horticultural application.

         Criterion 12.3. — Mulch

                  (a)

                  The name and address of the body responsible for marketing;

                  (b)

                  A descriptor identifying the product by type, including the wording ‘MULCH’;

                  (c)

                  A batch identification code;

                  (d)

                  The quantity (in volume);

                  (e)

                  Range of moisture content;

                  (f)

                  The main materials (those over 5 % by volume) from which the product has been manufactured;

                  (g)

                  Guidelines for safe handling and use;

                  (h)

                  A description of the purpose for which the product is intended and any limitations on use, including a statement about the suitability of the product for particular plant groups (e.g. calcifuges or calcicoles);

                  (i)

                  pH (reference of the test method used);

                  (j)

                  A statement about the stability of organic matter (stable or very stable), where applicable, for non-professional uses;

                  (k)

                  A statement on recommended methods of use;

                  (l)

                  In non-professional applications: recommended rate of application expressed in mm.

         Assessment and verification:

      The applicant shall declare that the product complies with this criterion and provide the Competent Body with a sample of the packaging or fact sheets or the text of the user information written on the packaging or accompanying fact sheets.

         Criterion 13 — Information appearing on the EU Ecolabel

      The optional label with text box shall contain the following text:

                  —

                  promotes the recycling of materials

                  —

                  promotes the use of renewable and recycled materials

            For soil improvers and mulch, the additional information shall be included:

                  —

                  reduces soil and water pollution, by limiting heavy metals concentrations

            The guidelines for the use of the optional label with the text box can be found in the ‘Guidelines for the use of the EU Ecolabel logo’ on the website:
      http://ec.europa.eu/environment/ecolabel/documents/logo_guidelines.pdf

         Assessment and verification:

      The applicant shall provide the Competent Body with a sample of the product packaging showing the label, together with a declaration of compliance with this criterion.

         (1)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

         (2)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

         (3)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

         (4)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

         (5)  Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).

         (6)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

         (7)  Commission Implementing Decision 2011/877/EU of 19 December 2011 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC (OJ L 343, 23.12.2011, p. 91).

         (8)  Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181, 12.7.2012, p. 30).

         (9)  Methodology for the Ecodesign of Energy-related Products (http://www.meerp.eu/).

         (10)  Commission Regulation (EU) No 600/2012 of 21 June 2012 on the verification of greenhouse gas emission reports and tonne-kilometre reports and the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181, 12.7.2012, p. 1).

         (11)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

         (12)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

         (13)  EC Guidance on undertaking new non-energy extractive activities in accordance with Natura 2000 requirements (http://ec.europa.eu/environment/nature/natura2000/management/docs/neei_n2000_guidance.pdf).

         (14)  EN 16175 Sludge, treated biowaste and soil — Determination of mercury. Part 1: Cold-vapour atomic absorption spectrometry (CV-AAS) and Part 2: Cold-vapour atomic fluorescence spectrometry (CV-AFS.)

         (15)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

         Appendix 1

            Sampling and test frequency for the application year

                     Type of plant

                     Criterion

                     Annual input/output

                     Test frequency

                     Type 1: Treatment plants for waste or for animal by-products

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Input (t) ≤ 3 000

                     1 every 1 000 tonnes input material rounded to the next integer

                     3 000 < input (t) ≤ 20 000

                     4 (one sample every season)

                     Input (t) > 20 000

                     number of analyses per year = amount of annual input material (in tonnes)/10 000 tonne + 1
                     Minimum 4 and maximum 12

                                 5.2

                                 —

                                 PAH

                     Input (t) ≤ 3 000

                     1

                     3 000 < input (t) ≤ 10 000

                     2

                     10 000 < input (t) ≤ 20 000

                     3

                     20 000 < input (t) ≤ 40 000

                     4

                     40 000 < input (t) ≤ 60 000

                     5

                     60 000 < input (t) ≤ 80 000

                     6

                     80 000 < input (t) ≤ 100 000

                     7

                     100 000 < input (t) ≤ 120 000

                     8

                     120 000 < input (t) ≤ 140 000

                     9

                     140 000 < input (t) ≤ 160 000

                     10

                     160 000 < input (t) ≤ 180 000

                     11

                     Input (t) > 180 000

                     12

                     Type 2: Product manufacture plants using materials from Type 1 plants

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Output (m3) ≤ 5 000

                     Representative combined samples from 2 batches according EN 12579 (1)

                     Output (m3) > 5 000

                     Representative combined samples from 4 batches according EN 12579

                                 5.2

                                 —

                                 PAH

                     Output (m3) ≤ 5 000

                     Representative combined sample(s) from 1 batch according EN 12579

                     Output (m3) > 5 000

                     Representative combined samples from 2 batches according EN 12579

                     Type 3: Product manufacture plants NOT using materials derived from waste or from animal by-products

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Output (m3) ≤ 5 000

                     Representative combined sample(s) from 1 batch according EN 12579

                     Output (m3) > 5 000

                     Representative combined samples from 2 batches according EN 12579

                                 5.2

                                 —

                                 PAH

                     Regardless the input/output

                     Representative combined sample(s) from 1 batch according EN 12579

            (1)  EN 12579 Soil improvers and growing media. Sampling.

         Appendix 2

            Sampling and test frequency for the following years

                     Type of plant

                     Criteria

                     Annual input/output

                     Test frequency

                     Type 1: Treatment plants for waste or for animal by-products

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Input (t) ≤ 1 000

                     1

                     Input (t) > 1 000

                     number of analyses per year = amount of annual input material (in tonnes)/10 000 tonnes + 1
                     Minimum 2 and maximum 12

                                 5.2

                                 —

                                 PAH

                     Input (t) ≤ 10 000

                     0,25 (once per 4 years)

                     10 000 < input (t) ≤ 25 000

                     0,5 (once per 2 years)

                     25 000 < input (t) ≤ 50 000

                     1

                     50 000 < input (t) ≤ 100 000

                     2

                     100 000 < input (t) ≤ 150 000

                     3

                     150 000 < input (t) ≤ 200 000

                     4

                     200 000 < input (t) ≤ 250 000

                     5

                     250 000 < input (t) ≤ 300 000

                     6

                     300 000 < input (t) ≤ 350 000

                     7

                     350 000 < input (t) ≤ 400 000

                     8

                     400 000 < input (t) ≤ 450 000

                     9

                     450 000 < input (t) ≤ 500 000

                     10

                     500 000 < input (t) ≤ 550 000

                     11

                     Input (t) > 550 000

                     12

                     Type 2: Product manufacture plants using materials from Type 1 plants

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Output (m3) ≤ 5 000

                     Representative combined sample(s) from 1 batch according EN 12579

                     Output (m3) > 5 000

                     Representative combined samples from 2 batches according EN 12579

                                 5.2

                                 —

                                 PAH

                     Output (m3) ≤ 15 000

                     Representative combined sample(s) from 1 batch according EN 12579, once each 4 years

                     15 000 < Output (m3) ≤ 40 000

                     Representative combined sample(s) from 1 batch according EN 12579, each 2 years

                     Output (m3) > 40 000

                     Representative combined sample(s) from 1 batch according EN 12579, each year

                     Type 3: Product manufacture plants NOT using materials derived from waste or from animal by-products

                                 5.1

                                 —

                                 Limits for heavy metals

                                 5.5

                                 —

                                 Limits for E. coli and Salmonella spp.

                                 6

                                 —

                                 Stability

                                 7

                                 —

                                 Physical contaminants

                                 8

                                 —

                                 Organic matter and dry matter

                                 9

                                 —

                                 Viable weed seeds and plant propagules

                                 10

                                 —

                                 Plant response

                                 11

                                 —

                                 Growing media features

                     Regardless the input/output

                     Representative combined sample(s) from 1 batch according EN 12579

                                 5.2

                                 —

                                 PAH

                     Regardless the input/output

                     Representative combined sample(s) from 1 batch according EN 12579, once each 4 years


Avis juridique important

|

41990D0147

90/147/ECSC: Decision of the Representatives of the Governments of the Member States, meeting within the Council, of 5 March 1990 on the opening of tariff preferences for products within the province of the ECSC Treaty originating in the overseas countries and territories associated with the Community

Official Journal L 084 , 30/03/1990 P. 0109 - 0109

DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,  of 5 March 1990  on the opening of tariff preferences for products within the province of the ECSC Treaty originating in the overseas countries  and territories associated with the Community  (90/147/ECSC) THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,   Whereas the provisions applicable by virtue of Decision 86/284/ECSC (1) should be maintained in force for such time as is needed to propose and adopt a new Decision on association, while at the same time allowing products originating in the overseas  countries and territories to be covered by the same rules of origin as applied to the ACP States, and from the same date;   In agreement with the Commission,   HAVE DECIDED AS FOLLOWS:   Article 1   Article 7 of Decision 86/284/ECSC is replaced by the following:     'Article 7 This Decision shall apply until not later than 28 February 1991.'  Article 2   Article 4 of Decision 86/284/ESCS is replaced by the following:     'Article 4 The concept of originating products and the methods of administrative cooperation relating thereto shall, in the case of the OCT, be those, mutatis mutandis, laid down for the ACP States in Annex II to Decision No 2/90 of the ACP-EEC Council of  Ministers of 27 February 1990 on transitional measures to be applied from 1 March 1990 (2).   (2) OJ No L 84, 30. 3. 1990, p. 2.'  Article 3   This Decision shall be published in the Official Journal of the European Communities.   It shall apply with effect from 1 March 1990.     Done at Brussels, 5 March 1990.   For the Council  The President  G. COLLINS      (1) OJ No L 175, 1. 7. 1986, p. 111.


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31995D0368

95/368/EC: Commission Decision of 7 September 1995 amending Decision 84/128/EEC on establishing an Industrial Research and Development Advisory Committee (IRDAC)

Official Journal L 219 , 15/09/1995 P. 0038 - 0038

COMMISSION DECISION of 7 September 1995 amending Decision 84/128/EEC on establishing an Industrial  Research and Development Advisory Committee (IRDAC) (95/368/EC)THE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas by its Decision 84/128/EEC  (1) the Commission has set up an Industrial Research and  Development Advisory Committee (IRDAC); whereas this Decision has been amended by Decision 86/9/EEC  of 7 January 1986  (2) and, in the latest instance, by Commission Decision 88/46/EEC  (3); Whereas Article 130f (1) of the Treaty on European Union states that the Community shall have the  objective of strengthening the scientific and technological bases of Community industy and  encouraging it to become more competitive at international level, while promoting all the research  activities deemed necessary by virtue of other Chapters of this Treaty; Whereas it is appropriate to adjust the consultative system of the Industrial Research and  Development Committee to the new guidelines and policy requirements in the field of science and  technology; Whereas action has been taken at European level to set up, alongside the Federation of European  Industrial Cooperative Research Organizations (FEICRO), another association grouping together the  various research centres: European Association of Contract Research Organizations (EACRO); Whereas small and medium-sized enterprises (SMEs) make an important contribution to industrial  competitiveness and innovation in Europe and that they have a representative organization, the  European Union of Crafts and Small and Medium-sized Enterprises (UAEPME); Whereas the number of seats on the Industrial Research and Development Advisory Committee should be  changed in order to take into account the evolution of research and technological development  policy within the European Union, HAS DECIDED AS FOLLOWS: Article 1 Article 3 (1) of Decision 84/128/EEC shall be replaced by the  following: '1.  The Committee shall be composed of 19 members with substantial experience in strategy,  research and development work in industrial undertakings, research institutes or other  organizations involved in work related to industrial RTD strategy, research and development who  shall be appointed by the Commission in a personal capacity.` Article 2 Article 3 (2) of Decision 84/128/EEC shall be replaced by the following: '2.  In order to facilitate the exchange of information, as well as adequately to take into account  the interest of the European organization competent in the field of industrial research and  development, namely: -  the Union of Industries of the European Community (UNICE), -  the European Centre for Public Enterprise (ECPE), -  the European Association of Contract Research Organizations (EACRO); the Federation of European  Industrial Cooperative Research Organizations (FEICRO), -  the European Trade Union Confederation (ETUC), -  the European Union of Crafts and Small and Medium-Sized Enterprises (UAEPME). The Committee shall include in addition five members appointed by the Commission after consultation  with these organizations.` Article 3 This Decision shall apply with effect from the day of its publication in the Official  Journal of the European Communities. Done at Brussels, 7 September 1995. For the Commission Édith CRESSON Member of the Commission


Important legal notice

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31988Y0309(01)

Decision No 134 of 1 July 1987 concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States

Official Journal C 064 , 09/03/1988 P. 0004 - 0004

		Decision no 134of 1 July 1987concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States(1988/C 64/01)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Whereas Decision No 80 published in the Official Journal of the European Communities No C 75 of 19 September 1973 must be supplemented as from 1 January 1986 following the accession of Spain to the EEC;Whereas it is essential to know whether the schemes for mineworkers in various Member States are corresponding schemes within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71, in order to determine whether the insurance periods completed by virtue of those schemes must be aggregated without verifying the nature of the occupation in which the said periods were completed;Whereas Article 45 (2) of Regulation (EEC) No 1408/71 stipulates that where the legislation of a Member State makes the award of certain benefits conditional upon the completion of the insurance periods in an occupation subject to a special scheme, the only insurance periods to be aggregated for eligibility for such benefits shall be periods completed under corresponding schemes of other Member States and periods completed in the same occupation under other schemes of the said Member States;Whereas the corresponding schemes referred to in Article 45(2) of Regulation (EEC) No 1408/71 are special schemes in Member States for workers in a similar occupation;Whereas the special schemes for mineworkers in Germany, Belgium, Spain, France, Italy, Luxembourg and the Netherlands meet these criteria;Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The special schemes for mineworkers in Germany, Belgium, Spain, France, Italy, Luxembourg and the Netherlands are corresponding schemes within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71.2. Consequently insurance periods completed by virtue of the said special schemes for mineworkers must be taken into consideration for the purpose of their aggregation in accordance with Article 45 (2) first sentence of Regulation (EEC) No 1408/71, as determined by those schemes, irrespective of their actual area of application and without verification of the nature of the occupation in which the said periods were completed.3. This Decision, which replaces Decision No 80 of 22 February 1973, shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1986.The Chairman of the Administrative CommissionA. Trier--------------------------------------------------


title: 2005/32/EC: Council Decision of 24 September 2004 appointing a German member of the Committee of the Regions

text:
               20.1.2005

               EN

               Official Journal of the European Union

               L 16/58

         COUNCIL DECISION
   of 24 September 2004
   appointing a German member of the Committee of the Regions
   (2005/32/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted a Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Hans KAISER, notified to the Council on 6 September 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Gerold WUCHERPFENNIG, Minister für Bundes- und Europaangelegenheiten und Chef der Thüringer Staatskanzlei, is hereby appointed a member of the Committee of the Regions in place of Mr Hans KAISER for the remainder of his term of office, which runs until 25 January 2006.

      Done at Brussels, 24 September 2004.

            For the Council

            The President

         L. J. BRINKHORST

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

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31991D0063

91/63/EEC: Council Decision of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Argentina on trade in textile products

Official Journal L 040 , 13/02/1991 P. 0001 - 0038

COUNCIL DECISION of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Argentina on trade in textile products (91/63/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission,Whereas the Agreement negotiated between the European Economic Community and the Republic of Argentina on trade in textile products initialled in Brussels on 30 September 1986 and applied on a provisional basis by Decision 87/299/EEC (1), as from 1 January 1987, should be approved,HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European EconomicCommunity and the Republic of Argentina on trade in textile products is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision. Article 2The President of the Council shall give the notification provided for in Article 18 of the Agreement.Done at Brussels, 18 December 1990.For the CouncilThe PresidentG. DE MICHELIS(1) OJ N° L 156, 16. 6. 1987, p. 1.


title: Council Decision of 28 April 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Mali on the supply of maize as food aid

text:
No L 131 / 20                    Official Journal of the European Communities                           22. 5 . 75
                                                        II
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                of 28 April 1975
             on the conclusion of the Agreement between the European Economic Commu
                   nity and the Republic of Mali on the supply of maize as food aid
                                                  (75/299/ EEC)
THE COUNCIL OF THE EUROPEAN                                 HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                       Article 1
                                             <
                                                            The Agreement between the European Economic
Having regard to the Treaty establishing the European       Community and the Republic of Mali on the supply
Economic Community, and in particular Articles 113 ,        of maize as food aid is hereby concluded on behalf of
114 and 228 thereof ;                                       the Community.
                                                            The text of the Agreement is annexed to this Deci
Having regard to the recommendation from the                sion .
Commission ;                                                                       Article 2
                                                            The President of the Council is hereby authorized to
Whereas the European Economic Community has                 designate the persons empowered to sign the Agree
concluded the 1971 Food Aid Convention ;                    ment and to confer on them the necessary powers to
                                                            bind the Community.
Whereas the Republic of Mali has requested food aid ;
                                                            Done at Brussels, 28 April 1975.
                                                                                For the Council
Whereas in view of the cereal supply situation in that
country the latter should be accorded, under the                                         The President
Community food-aid programme for 1973/74, and by
way of gift, 6 000 metric tons of maize,                                                M. A. CLINTON


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31993D0329

93/329/EEC: Council Decision of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes

Official Journal L 130 , 27/05/1993 P. 0001 - 0075 Finnish special edition: Chapter 2 Volume 9 P. 0068  Swedish special edition: Chapter 2 Volume 9 P. 0068

COUNCIL DECISIONof 15 March 1993concerning  the conclusion of the Convention on Temporary Admission and accepting its annexes (93/329/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty instituting the European Economic Community, and in particular Article  113 thereof, Having regard to the proposal from the Commission, Whereas the Convention on Temporary Admission negotiated under the auspices of the Customs  Cooperation Council and agreed at Istanbul on 26 June 1990 concerns trade in goods with non-member  countries and is therefore an effective means of fostering international trade; Whereas the Community's authorized representative signed the Convention, subject to acceptance, on  28 June 1990; whereas, pursuant to Article 24 (1) (b) of the Convention, the Community must deposit  an instrument of ratification in order to become a Contracting Party to the Convention; Whereas, pursuant to Article 24 (4) of the Convention, each Contracting Party acceding to the  Convention must accept the Annex concerning temporary admission papers (ATA carnets and CPD  carnets) and at least one other Annex; whereas the Community should accept all the Annexes;  whereas, however, such acceptance must be subject to reservations designed to take account of  requirements specific to the customs union and the present level of harmonization in the field of  temporary admission; Whereas, pursuant to Article 24 (6) of the Convention, the Community is required to communicate to  the depositary the conditions of application of, and the information required under, certain  provisions; whereas, pursuant to Article 24 (7), the Community, as a customs or economic union, is  required inter alia to inform the depositary of the matters within its competence, indicating those  areas which remain within the national competence; Whereas, in order to make it easier to apply Annexes A and C to the Convention, it is desirable  also to accept the Customs Cooperation Council's recommendations concerning the ATA carnets and CDP  carnets; Whereas the Convention should be concluded and the Annexes accepted subject to the abovementioned  reservations; Whereas participation by the Member States means that the Convention must enter into force  simultaneously for the Community and its Member States, HAS DECIDED AS FOLLOWS: Article 1The Convention on Temporary Admission and the Annexes thereto,  together with the reservations, are hereby accepted on behalf of the European Economic Community. The text of the Convention, the Annexes thereto and the reservations attached to those Annexes  appear in Annexes I and II respectively to this Decision. The notifications required appear in Annex III to this Decision. The recommendations of the Customs Cooperation Council are hereby accepted on behalf of the  Community on the conditions set out in Annex IV to this Decision. Article 2The President of the Council is hereby authorized to designate the person empowered to  deposit the instrument of ratification of the Convention referred to in Article 1 and to accept the  Annexes and associated reservations also referred to in Article 1, and to confer on him the powers  necessary to bind the Community. Such deposit and acceptance shall take place at the same time as  the depositing of instruments of ratification by the Member States. The person empowered shall also communicate to the Secretary-General of the Customs Cooperation  Council the conditions of application or the information required pursuant to Article 24 (6) of the  Convention and the acceptance of the Customs Cooperation Council's recommendations. Done at Brussels, 15 March 1993. For the CouncilThe PresidentM. JELVED


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31997D0290

Council Decision of 29 April 1997 extending common position 96/635/CFSP on Burma/Myanmar

Official Journal L 120 , 12/05/1997 P. 0004 - 0004

COUNCIL DECISION of 29 April 1997 extending common position 96/635/CFSP on Burma/Myanmar (97/290/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.2 thereof,HAS DECIDED AS FOLLOWS:1. Common position 96/635/CFSP of 28 October 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar (1), is hereby extended for a further renewable period of six months, in view of the considerations mentioned in point 6 thereof.2. This Decision shall be published in the Official Journal.Done at Luxembourg, 29 April 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 287 vom 8. 11. 1996, S. 1.