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32003D0223

2003/223/EC: Decision of the Council, meeting in the composition of the Heads of State or Government of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank

Official Journal L 083 , 01/04/2003 P. 0066 - 0068

Decision of the Council, meeting in the composition of the Heads of State or Governmentof 21 March 2003on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank(2003/223/EC)THE COUNCIL MEETING IN THE COMPOSITION OF THE HEADS OF STATE OR GOVERNMENT,Having regard to the Statute of the European System of Central Banks and of the European Central Bank(1), and in particular to Article 10.6 thereof,Having regard to the recommendation from the European Central Bank(2),Having regard to the opinion of the European Parliament(3),Having regard to the opinion of the Commission(4),Whereas:(1) The enlargement of the euro area will lead to an increase in the number of members of the Governing Council of the European Central Bank (ECB). There is a need to maintain the Governing Council's capacity for efficient and timely decision-making in an enlarged euro area, irrespective of the number of Member States that adopt the euro. In order to do so, the number of governors having voting rights will have to be smaller than the overall number of governors in the Governing Council. A rotation system is an equitable, efficient and acceptable way of assigning voting rights among the governors in the Governing Council. A number of 15 voting rights for the governors strikes an appropriate balance between, on the one hand, continuity with the existing set-up including a balanced assignment of voting rights between the six members of the Executive Board and the other members of the Governing Council and, on the other hand, the need to ensure efficient decision-making in a substantially enlarged Governing Council.(2) In view of their appointment at European level by a Treaty procedure and their role at the ECB, the competence of which spans the whole euro area, each member of the Executive Board has to maintain a permanent voting right in the Governing Council.(3) The voting modalities in the Governing Council are adjusted on the basis of Article 10.6 of the Statute. As this Article only concerns amendments to Article 10.2 of the Statute, any adjustment of the voting modalities has no implications for voting on decisions taken in accordance with Articles 10.3, 10.6 and 41.2 of the Statute.(4) Five fundamental principles are reflected in the constitutive elements of the chosen rotation system. The "one member, one vote" principle, which is the Governing Council's core decision-making principle, continues to apply to all members of the Governing Council having a voting right. All members of the Governing Council continue to participate in its meetings in a personal and independent capacity, irrespective of whether they have a voting right or not. The rotation system is robust in the sense that it is able to accommodate any euro area enlargements up to the currently envisaged maximum number of Member States. Moreover, the rotation system avoids producing situations in which those governors having a voting right are from the national central banks (NCBs) of Member States which, taken together, are perceived as unrepresentative of the euro area economy as a whole. Finally, the rotation system is transparent.(5) The allocation of governors to groups and the assignment of specific numbers of voting rights to these groups are designed to ensure that those governors having a voting right are from the NCBs of Member States which, taken together, are representative of the euro area economy as a whole. Governors will exercise their voting right with different frequencies depending on the relative size of their NCB's Member State's economy within the euro area. The allocation of governors to groups is thus dependent on a ranking of their NCB's Member State based on an indicator with two components: the size of the share of their NCB's Member State (i) in the aggregate gross domestic product at market prices (hereinafter GDP mp) of the Member States which have adopted the euro; and (ii) in the total aggregated balance sheet of the monetary financial institutions (hereinafter TABS-MFIs) of the Member States which have adopted the euro. The economic weight of a Member State as reflected in its GDP mp is an appropriate component as the impact of central bank decisions is greater in Member States with larger economies than in those with smaller economies. At the same time, the size of a Member State's financial sector also has a particular relevance for central bank decisions, since the counterparties of central bank operations belong to this sector. A 5/6 weight is attributed to GDP mp and a 1/6 weight to TABS-MFIs. This choice of weights is suitable, as this will mean that the financial sector is sufficiently and meaningfully represented.(6) In order to provide for the smooth introduction of the rotation system, its establishment takes place in two stages. In the first stage the governors will be allocated to two groups as soon as their number exceeds 15. The frequency of voting rights of the governors allocated to the first group will not be lower than the frequency of voting rights of those of the second group. When a significant number of new Member States have entered the euro area, i.e. the number of governors exceeds 21, they will be allocated to three groups. Within each group governors have a voting right for equal amounts of time. The detailed implementing provisions regarding the two principles as well as any possible decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 % are to be adopted by the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right.(7) The shares of each NCB's Member State in the aggregate GDP mp and in the TABS-MFIs of the Member States which have adopted the euro are to be adjusted whenever the aggregate GDP mp is adjusted in accordance with Article 29.3 of the Statute or whenever the number of governors in the Governing Council increases. The new shares resulting from the regular adjustments will apply as from the first day of the following year. Upon one or more governors becoming members of the Governing Council, the reference periods to be used to calculate the shares of their respective NCB's Member State in the aggregate GDP mp and in the TABS-MFI of the Member States which have adopted the euro should be identical to those used for the latest quinquennial adjustment of the shares. The new shares resulting from such non-regular adjustments will apply as from the day on which the governor(s) join(s) the Governing Council. These operational details are part of the implementing provisions to be adopted by the Governing Council,HAS DECIDED AS FOLLOWS:Article 1The Statute of the European System of Central Banks and of the European Central Bank is hereby amended as follows:Article 10.2 of the Statute shall be replaced by the following:"(10.2) Each member of the Governing Council shall have one vote. As from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board shall have one vote and the number of governors with a voting right shall be 15. The latter voting rights shall be assigned and shall rotate as follows:- as from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be allocated to two groups, according to a ranking of the size of the share of their national central bank's Member State in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro. The shares in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions shall be assigned weights of 5/6 and 1/6, respectively. The first group shall be composed of five governors and the second group of the remaining governors. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. Subject to the previous sentence, the first group shall be assigned four voting rights and the second group eleven voting rights;- as from the date on which the number of governors reaches 22, the governors shall be allocated to three groups according to a ranking based on the above criteria. The first group shall be composed of five governors and shall be assigned four voting rights. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. The third group shall be composed of the remaining governors and shall be assigned three voting rights;- within each group, the governors shall have their voting rights for equal amounts of time;- for the calculation of the shares in the aggregate gross domestic product at market prices Article 29.2 shall apply. The total aggregated balance sheet of the monetary financial institutions shall be calculated in accordance with the statistical framework applying in the European Community at the time of the calculation;- whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3, or whenever the number of governors increases, the size and/or composition of the groups shall be adjusted in accordance with the above principles;- the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, shall take all measures necessary for the implementation of the above principles and may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.The right to vote shall be exercised in person. By way of derogation from this rule, the Rules of Procedure referred to in Article 12.3 may lay down that members of the Governing Council may cast their vote by means of teleconferencing. These rules shall also provide that a member of the Governing Council who is prevented from attending meetings of the Governing Council for a prolonged period may appoint an alternate as a member of the Governing Council.The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 10.6 and 41.2.Save as otherwise provided for in this Statute, the Governing Council shall act by a simple majority of the members having a voting right. In the event of a tie, the President shall have the casting vote.In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum."Article 21. This Decision shall be ratified by all Member States in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.2. This Decision shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory Member State to fulfil that formality.Done at Brussels, 21 March 2003.For the Council, meeting in the composition of the Heads of State or GovernmentThe PresidentC. Simitis(1) Statute laid down by the Protocol annexed to the Treaty establishing the European Community, as amended by the Treaty of Nice.(2) OJ C 29, 7.2.2003, p. 6.(3) Opinion delivered on 13 March 2003 (not yet published in the Official Journal).(4) Opinion delivered on 21 February 2003 (not yet published in the Official Journal).


title: Commission Decision (EU) 2017/1218 of 23 June 2017 establishing the EU Ecolabel criteria for laundry detergents (notified under document C(2017) 4243) (Text with EEA relevance. )

text:
                  12.7.2017

                  EN

                  Official Journal of the European Union

                  L 180/63

            COMMISSION DECISION (EU) 2017/1218
      of 23 June 2017
      establishing the EU Ecolabel criteria for laundry detergents

            (notified under document C(2017) 4243)

      (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 those products with 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 for each product group.

                  (3)

                  Commission Decision 2011/264/EU (2) has established the ecological criteria and the related assessment and verification requirements for laundry detergents, which are valid until 31 December 2016.

                  (4)

                  In order to take into account the recent market developments and the innovation that has taken place during the intervening period, it is considered appropriate to establish a revised set of ecological criteria for that product group.

                  (5)

                  The revised criteria, as well as the related assessment and verification requirements, should be valid for 6 years from the date of notification of this Decision, taking into account the innovation cycle for that product group. Those criteria aim at promoting products that have a reduced impact on aquatic ecosystems, contain a limited amount of hazardous substances, are effective at low temperatures, and minimise waste production by reducing packaging.

                  (6)

                  For reasons of legal certainty, Decision 2011/264/EU should be repealed.

                  (7)

                  A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for laundry detergents on the basis of the criteria set out in Decision 2011/264/EU, 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 ‘laundry detergents’ shall comprise any laundry detergent or pretreatment stain remover falling under the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council (3) which is effective at 30 °C or below and is marketed and designed to be used for the washing of textiles principally in household machines, but not excluding its use in public laundrettes and common laundries.
      Pre-treatment stain removers include stain removers used for direct spot treatment of textiles before washing in the washing machine but do not include stain removers dosed in the washing machine and stain removers dedicated to other uses besides pre-treatment.
      This product group shall not comprise fabric softeners, products that are dosed by carriers such as sheets, cloths or other materials or washing auxiliaries used without subsequent washing such as stain removers for carpets and furniture upholstery.
      Article 2
      1.   For the purpose of this Decision, the following definitions shall apply:

                  (1)

                  ‘ingoing substances’ means substances intentionally added, by-products and impurities from raw materials in the final product formulation (including water-soluble foil, if used);

                  (2)

                  ‘heavy-duty detergents’ means detergents used for ordinary washing of white textiles at any temperature;

                  (3)

                  ‘colour-safe detergents’ means detergents used for ordinary washing of coloured textiles at any temperature;

                  (4)

                  ‘light-duty detergents’ means detergents intended for delicate fabrics;

                  (5)

                  ‘primary packaging’ means:

                              (a)

                              for single doses in a wrapper that is intended to be removed before use, the individual dose wrapping and the packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable;

                              (b)

                              for all other types of products, packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable;

                  (6)

                  ‘microplastic’ means particles with a size of below 5 mm of insoluble macromolecular plastic, obtained through one of the following processes:

                              (a)

                              a polymerisation process such as polyaddition or polycondensation or a similar process using monomers or other starting substances;

                              (b)

                              chemical modification of natural or synthetic macromolecules;

                              (c)

                              microbial fermentation;

                  (7)

                  ‘nanomaterial’ means a natural, incidental or manufactured material containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm (4).

            2.   For the purposes of paragraph 1(2) and (3), a detergent shall be considered either a heavy-duty detergent or a colour-safe detergent except where the detergent packaging explicitly states that the product is intended for use on delicate fabrics (i.e. light-duty detergent).
      Article 3
      In order to be awarded the EU Ecolabel under Regulation (EC) No 66/2010, a laundry detergent or pre-treatment stain remover shall fall within the product group ‘laundry detergents’, 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 ‘laundry detergents’ and the related assessment and verification requirements shall be valid for 6 years from the date of notification of this Decision.
      Article 5
      For administrative purposes the code number assigned to the product group ‘laundry detergents’ shall be ‘006’.
      Article 6
      Decision 2011/264/EU is repealed.
      Article 7
      1.   By derogation from Article 6, applications for the EU Ecolabel for products falling within the product group ‘laundry detergents’ submitted before the date of notification of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2011/264/EU.
      2.   Applications for the EU Ecolabel for products falling within the product group ‘laundry detergents’ submitted within 2 months from the date of notification of this Decision may be based either on the criteria set out in Decision 2011/264/EU 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 licenses awarded in accordance with the criteria set out in Decision 2011/264/EU may be used for 12 months from the date of notification of this Decision.
      Article 8
      This Decision is addressed to the Member States.

         Done at Brussels, 23 June 2017.

               For the Commission

            Karmenu VELLA

               Member of the Commission

         (1)  OJ L 27, 30.1.2010, p. 1.

         (2)  Commission Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (OJ L 111, 30.4.2011, p. 34).

         (3)  Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (OJ L 104, 8.4.2004, p. 1).

         (4)  Commission Recommendation 2011/696/EU of 18 October 2011 on the definition of nanomaterial (OJ L 275, 20.10.2011, p. 38).

         ANNEX

            FRAMEWORK

            EU ECOLABEL CRITERIA

            Criteria for awarding the EU Ecolabel to laundry detergents

         CRITERIA

                     1.

                     Dosage requirements

                     2.

                     Toxicity to aquatic organisms

                     3.

                     Biodegradability

                     4.

                     Sustainable sourcing of palm oil, palm kernel oil and their derivatives

                     5.

                     Excluded and restricted substances

                     6.

                     Packaging

                     7.

                     Fitness for use

                     8.

                     User information

                     9.

                     Information appearing on the EU Ecolabel

               ASSESSMENT AND VERIFICATION
         (a)   Requirements

         The specific assessment and verification requirements are indicated within each criterion.
         Where the applicant is required to provide to the competent bodies with 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 in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. Accreditation shall be carried out in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1).
         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 or site visits.
         As a prerequisite, the product shall meet all applicable legal requirements of the country or 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 ‘Detergent Ingredient Database’ list (DID list), available on the EU Ecolabel website, contains the most widely used ingoing substances in detergents and cosmetics formulations. It shall be used for deriving the data for the calculations of the Critical Dilution Volume (CDV) and for the assessment of the biodegradability of the ingoing substances. For substances not present on the DID list, guidance is given on how to calculate or extrapolate the relevant data.
         The list of all ingoing substances shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the CAS no., the DID no., the ingoing quantity, the function and the form present in the final product formulation (including water-soluble foil, if used).
         Preservatives, fragrances and colouring agents shall be indicated regardless of concentration. Other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight.
         All ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word ‘nano’ written in brackets.
         For each ingoing substance listed, the Safety Data Sheets (SDS) in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) shall be provided. Where an SDS is not available for a single substance because it is part of a mixture, the applicant shall provide the SDS of the mixture.
         (b)   Measurement thresholds

         Compliance with the ecological criteria is required for all ingoing substances as specified in Table 1.

            Table 1

            Threshold levels applicable to ingoing substances by criterion for laundry detergents (% weight by weight)

                     Criterion name

                     Surfactants

                     Preservatives

                     Colouring agents

                     Fragrances

                     Other (e.g. enzymes)

                     Toxicity to aquatic organisms

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Biodegradability

                     Surfactants

                     ≥ 0,010

                     N/A

                     N/A

                     N/A

                     N/A

                     Organics

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Sustainable sourcing of palm oil

                     ≥ 0,010

                     N/A

                     N/A

                     N/A

                     ≥ 0,010

                     Excluded or limited substances

                     Specified excluded and limited subst.

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     Hazardous subst.

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     SVHCs

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     Fragrances

                     N/A

                     N/A

                     N/A

                     no limit (*1)

                     N/A

                     Preservatives

                     N/A

                     no limit (*1)

                     N/A

                     N/A

                     N/A

                     Colouring agents

                     N/A

                     N/A

                     no limit (*1)

                     N/A

                     N/A

                     Enzymes

                     N/A

                     N/A

                     N/A

                     N/A

                     no limit (*1)

               REFERENCE DOSAGE
         The following dosage shall be taken as the reference dosage for the calculations aiming at documenting compliance with the EU Ecolabel criteria and for testing of washing ability:

                     Heavy-duty detergent, colour-safe detergent

                     Dosage recommended by the manufacturer for one kilogram of normally soiled dry laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of the dosage recommended for a load of 4,5 kg at a water hardness of 2,5 mmol CaCO3/l.

                     Light-duty detergent

                     Dosage recommended by the manufacturer for one kilogram of normally soiled delicate laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of the dosage recommended for a load of 2,5 kg at a water hardness of 2,5 mmol CaCO3/l.

                     Stain remover (pre-treatment only)

                     Dosage recommended by the manufacturer for one kilogram of dry laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of 6 applications for a load of 4,5 kg.

            Assessment and verification: the applicant shall provide the product label or user instruction sheet that includes the dosing instructions.

            Criterion 1 — Dosage requirements

         The reference dosage shall not exceed the following amounts.

                     Product type

                     Dosage
                     (g/kg of laundry)

                     Heavy-duty detergent, colour-safe detergent

                     16,0

                     Light-duty detergent

                     16,0

                     Stain remover (pre-treatment only)

                     2,7

            Assessment and verification: the applicant shall provide the product label that includes the dosing instructions and documentation showing the density (g/ml) of liquid and gel products.

            Criterion 2 — Toxicity to aquatic organisms

         The critical dilution volume (CDVchronic) of the product shall not exceed the following limits for the reference dosage.

                     Product type

                     Limit CDV
                     (l/kg of laundry)

                     Heavy-duty detergent, colour-safe detergent

                     31 500

                     Light-duty detergent

                     20 000

                     Stain remover (pre-treatment only)

                     3 500

            Assessment and verification: the applicant shall provide the calculation of the CDVchronic of the product. A spreadsheet for calculating the CDVchronic value is available on the EU Ecolabel website.
         The CDVchronic is calculated for all ingoing substances (i) in the product using the following equation:

         Where:

                     dosage(i)

                     :

                     weight (g) of the substance (i) in the reference dose;

                     DF(i)

                     :

                     degradation factor for the substance (i);

                     TFchronic(i)

                     :

                     chronic toxicity factor for the substance (i).

               The values of DF(i) and TFchronic(i) shall be as given in the most updated Part A of the DID list. If an ingoing substance is not included in Part A, the applicant shall estimate the values following the approach described in Part B of that list and attaching the associated documentation.

            Criterion 3 — Biodegradability

         (a)   Biodegradability of surfactants

         All surfactants shall be readily degradable (aerobically).
         All surfactants classified as hazardous to the aquatic environment: Acute Category 1 (H400) Chronic Category 3 (H412), in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3), shall be in addition anaerobically biodegradable.
         (b)   Biodegradability of organic compounds

         The content of organic substances in the product that are aerobically non-biodegradable (not readily biodegradable, aNBO) or anaerobically non-biodegradable (anNBO) shall not exceed the following limits for the reference dosage:

                        aNBO

                                 Product type

                                 aNBO
                                 (g/kg of laundry)
                                 powder/tablets

                                 aNBO
                                 (g/kg of laundry)
                                 liquid, capsules, gel

                                 Heavy-duty laundry detergent, colour-safe detergent

                                 1,00

                                 0,45

                                 Light-duty detergent

                                 0,55

                                 0,30

                                 Stain remover (pre-treatment only)

                                 0,10

                                 0,10

                        anNBO

                                 Product type

                                 anNBO
                                 (g/kg of laundry)
                                 powder/tablets

                                 anNBO
                                 (g/kg of laundry)
                                 liquid, capsules, gel

                                 Heavy-duty laundry detergent, colour-safe detergent

                                 1,10

                                 0,55

                                 Light-duty detergent

                                 0,55

                                 0,30

                                 Stain remover (pre-treatment only)

                                 0,10

                                 0,10

            Assessment and verification: the applicant shall provide documentation for the degradability of surfactants, as well as the calculation of aNBO and anNBO for the product. A spreadsheet for calculating aNBO and anNBO values is available on the EU Ecolabel website.
         For both the degradability of surfactants and the aNBO and anNBO values for organic compounds, reference shall be made to the most updated DID list.
         For ingoing substances that are not included in Part A of the DID list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically and anaerobically biodegradable shall be provided, as described in the Part B of that list.
         In the absence of documentation for degradability described above, an ingoing substance other than a surfactant may be exempted from the requirement for anaerobic degradability if one of the following three alternatives is fulfilled:

                     (1)

                     it is readily degradable and has low adsorption (A < 25 %);

                     (2)

                     it is readily degradable and has high desorption (D > 75 %);

                     (3)

                     it is readily degradable and non-bioaccumulating (4).

               Testing for adsorption/desorption shall be conducted in accordance with OECD Guideline 106.

            Criterion 4 — Sustainable sourcing of palm oil, palm kernel oil and their derivatives

         Ingoing substances used in the products which are derived from palm oil or palm kernel oil shall be sourced from plantations that meet the requirements of a certification scheme for sustainable production that is based on multi-stakeholder organisations that has a broad membership, including NGOs, industry and government and that addresses environmental impacts including on soil, biodiversity, organic carbon stocks and conservation of natural resources.

            Assessment and verification: The applicant shall provide evidence through third-party certificates and chain of custody that palm oil and palm kernel oil used in the manufacturing of the ingoing substances originates from sustainably managed plantations.
         Certificates accepted shall include Roundtable for Sustainable Palm Oil (RSPO) (by identity preserved, segregated or mass balance) or any equivalent or stricter sustainable production scheme.
         For chemical derivatives of palm oil and for palm kernel oil, it shall be acceptable to demonstrate sustainability through book and claim systems such as GreenPalm certificates or equivalent by providing the Annual Communications of Progress (ACOP) declared amounts of procured and redeemed GreenPalm certificates during the most recent annual trading period.

            Criterion 5 — Excluded and restricted substances

         (a)   Specified excluded and restricted substances

         (i)   Excluded substances

         The substances indicated below shall not be included in the product formulation regardless of concentration:

                     —

                     Alkyl phenol ethoxylates (APEOs) and other alkyl phenol derivatives,

                     —

                     Atranol,

                     —

                     Chloroatranol,

                     —

                     Diethylenetriaminepentaacetic acid (DTPA),

                     —

                     Ethylenediaminetetraacetic acid (EDTA) and its salts,

                     —

                     Formaldehyde and its releasers (e.g. 2-bromo-2-nitropropane-1,3-diol, 5-bromo-5-nitro-1,3-dioxane, sodium hydroxyl methyl glycinate, diazolidinylurea) with the exception of impurities of formaldehyde in surfactants based on polyalkoxy chemistry up to a concentration of 0,010 % weight by weight in the ingoing substance,

                     —

                     Glutaraldehyde,

                     —

                     Hydroxyisohexyl 3-cyclohexene carboxaldehyde (HICC),

                     —

                     Microplastics,

                     —

                     Nanosilver,

                     —

                     Nitromusks and polycyclic musks,

                     —

                     Phosphates,

                     —

                     Per-fluorinated alkylates,

                     —

                     Quaternary ammonium salts not readily biodegradable,

                     —

                     Reactive chlorine compounds,

                     —

                     Rhodamine B,

                     —

                     Triclosan,

                     —

                     3-iodo-2-propynyl butylcarbamate.

            Assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the listed substances have not been included in the product formulation regardless of concentration.
         (ii)   Restricted substances

         The substances listed below shall not be included in the product formulation above the concentrations indicated:

                     —

                     2-methyl-2H-isothiazol-3-one: 0,0050 % weight by weight,

                     —

                     1,2-Benzisothiazol-3(2H)-one: 0,0050 % weight by weight,

                     —

                     5-chloro-2-methyl-4-isothiazolin-3-one/2-methyl-4-isothiazolin-3-one: 0,0015 % weight by weight.

               The total phosphorus (P) content calculated as elemental P shall be limited to:

                     —

                     0,04 g/kg of laundry for laundry detergents,

                     —

                     0,005 g/kg of laundry for stain removers.

               Fragrance substances subject to the declaration requirement provided in Regulation (EC) No 648/2004 shall not be present in quantities ≥ 0,010 % weight by weight per substance.

            Assessment and verification: the applicant shall provide the following documents:

                     (a)

                     If isothiazolinones are used, a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the content of isothiazolinones used is equal to or lower than the limits set;

                     (b)

                     a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the total amount of elemental P is equal to or lower than the limits set. The declaration shall be supported by the calculations of the product's total P-content;

                     (c)

                     a signed declaration of compliance supported by declarations or documentation from suppliers, if appropriate, confirming that the fragrance substances subject to the declaration requirement provided for in Regulation (EC) No 648/2004 are not present above the limits set.

               (b)   Hazardous substances

         (i)   Final product

         The final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, carcinogenic, mutagenic or toxic for reproduction, or hazardous to the aquatic environment, as defined in Annex I to Regulation (EC) No 1272/2008 and in accordance with the list in Table 2.
         (ii)   Ingoing substances

         The product shall not contain ingoing substances at a concentration limit at or above 0,010 % weight by weight in the final product that meet the criteria for classification as toxic, hazardous to the aquatic environment, respiratory or skin sensitisers, carcinogenic, mutagenic or toxic for reproduction in accordance with Annex I to Regulation (EC) No 1272/2008 and in accordance with the list in Table 2.
         Where stricter, the generic or specific concentration limits determined in accordance with Article 10 of Regulation (EC) No 1272/2008 shall take precedence.

            Table 2

            Restricted hazard classifications and their categorisation

                     Acute toxicity

                     Categories 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/1

                     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

                     Categories 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

                     Categories 1 and 2

                     Categories 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

               This criterion does not apply to ingoing substances covered by Article 2(7)(a) and (b) of Regulation (EC) No 1907/2006 which set out criteria for exempting substances within Annexes IV and V to that Regulation from the registration, downstream user and evaluation requirements. In order to determine whether that exclusion applies, the applicant shall screen any ingoing substance present at a concentration above 0,010 % weight by weight.
         Substances and mixtures included in Table 3 are exempted from point (b)(ii) of Criterion 5.

            Table 3

            Derogated substances

                     Substance

                     Hazard statement

                     Surfactants

                     H400 Very toxic to aquatic life

                     H412 Harmful to aquatic life with long-lasting effects

                     Subtilisin

                     H400 Very toxic to aquatic life

                     H411 Toxic to aquatic life with long-lasting effects

                     Enzymes (*2)

                     H317 May cause allergic skin reaction

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

                     ε-phthalimido-peroxy-hexanoic acid (PAP) used as bleaching agent at max concentration of 0,6 g/kg of laundry

                     H400 Very toxic to aquatic life

                     H412 Harmful to aquatic life with long-lasting effects

                     NTA as an impurity in MGDA and GLDA (*3)

                     H351 Suspected of causing cancer

            Assessment and verification: the applicant shall demonstrate compliance with this criterion for the final product and for any ingoing substance present at a concentration greater than 0,010 % weight by weight in the final product. The applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or SDS confirming that none of these substances meets the criteria for classification with one or more of the hazard statements listed in Table 2 in the form(s) and physical state(s) in which they are present in the product.
         For substances listed in Annexes IV and V to Regulation (EC) No 1907/2006, which are exempted from registration obligations under points (a) and (b) of Article 2(7) of that Regulation, a declaration to this effect by the applicant shall suffice to comply.
         The applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or SDS confirming the presence of ingoing substances that fulfil the derogation conditions.
         (c)   Substances of very high concern (SVHCs)

         The final product shall not contain any ingoing substances that have been identified in accordance with the procedure described in Article 59(1) of Regulation (EC) No 1907/2006, which establishes the candidate list for substances of very high concern.

            Assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from their suppliers, if appropriate, or SDS confirming the non-presence of all the candidate list substances.
         Reference to the latest list of substances of very high concern shall be made on the date of application.
         (d)   Fragrances

         Any ingoing substance added to the product as a fragrance shall be manufactured and handled following the code of practice of the International Fragrance Association (IFRA) (5). The recommendations of the IFRA Standards concerning prohibition, restricted use and specified purity criteria for substances shall be followed by the manufacturer.

            Assessment and verification: the supplier or fragrance manufacturer, as appropriate, shall provide a signed declaration of compliance.
         (e)   Preservatives

                     (i)

                     The product may only include preservatives in order to preserve the product, and in the appropriate dosage for this purpose alone. This does not refer to surfactants which may also have biocidal properties.

                     (ii)

                     The product may contain preservatives provided that they are not bio-accumulating. A preservative is considered to be not bio-accumulating if the BCF is < 100 or log Kow is < 3,0. If both the BCF and log Kow values are available, the highest measured BCF value shall be used.

                     (iii)

                     It is prohibited to claim or suggest on the packaging or by any other communication that the product has an antimicrobial or disinfecting effect.

            Assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the SDS of any preservative added and information on its BCF or log Kow values. The applicant shall also provide artwork of the packaging.
         (f)   Colouring agents

         Colouring agents in the product shall not be bio-accumulating.
         A colouring agent is considered not bio-accumulating if the BCF is < 100 or log Kow is < 3,0. If both the BCF and log Kow values are available, the highest measured BCF value shall be used. In the case of colouring agents approved for use in food, it is not necessary to submit documentation of bio-accumulation potential.

            Assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the SDS of any colouring agent added and information on its BCF or log Kow value, or documentation to ensure that the colouring agent is approved for use in food.
         (g)   Enzymes

         Only enzyme encapsulated (in solid form) and enzyme liquids/slurries shall be used.

            Assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the SDS of any enzyme added.

            Criterion 6 — Packaging

         (a)   Weight/utility ratio (WUR)

         The weight/utility ratio (WUR) of the product shall be calculated for the primary packaging only and shall not exceed the following values for the reference dosage.

                     Product type

                     WUR
                     (g/kg of laundry)

                     Powder laundry detergents
                     Laundry detergents in tablets or capsules

                     1,2

                     Liquid/gel laundry detergents (not in tablets or capsules)

                     1,4

                     Stain remover (pre-treatment only)

                     1,2

               Primary packaging made of more than 80 % of recycled materials is exempted from this requirement.

            Assessment and verification: the applicant shall provide the calculation of the WUR of the product. If the product is sold in different packaging (i.e. with different volumes), the calculation shall be submitted for each packaging size for which the EU Ecolabel shall be awarded.
         The WUR is calculated as follows:
         WUR = Σ [(Wi + Ui)/(Di * Ri)]
         Where:

                     Wi

                     :

                     weight (g) of the primary packaging (i);

                     Ui

                     :

                     weight (g) of non-post-consumer recycled packaging in the primary packaging (i). Ui = Wi unless the applicant can prove otherwise;

                     Di

                     :

                     number of reference doses contained in the primary packaging (i);

                     Ri

                     :

                     refill index. Ri = 1 (packaging is not reused for the same purpose) or Ri = 2 (if the applicant can document that the packaging component can be reused for the same purpose and they sell refills).

               The applicant shall provide a signed declaration of compliance confirming the content of post-consumer recycled material, along with relevant documentation. Packaging is regarded as post-consumer recycled if the raw material used to make the packaging has been collected from packaging manufacturers at the distribution stage or at the consumer stage.
         (b)   Design for recycling

         Plastic packaging shall be designed to facilitate effective recycling by avoiding potential contaminants and incompatible materials that are known to impede separation or reprocessing or to reduce the quality of recyclate. The label or sleeve, closure and, where applicable, barrier coatings shall not comprise, either singularly or in combination the materials and components listed in Table 4. Pump mechanisms (including in sprays) are exempted from this requirement.

            Table 4

            Materials and components excluded from packaging elements

                     Packaging element

                     Excluded materials and components (*4)

                     Label or sleeve

                                 —

                                 PS label or sleeve in combination with a PET, PP or HDPE bottle

                                 —

                                 PVC label or sleeve in combination with a PET, PP or HDPE bottle

                                 —

                                 PETG label or sleeve in combination with a PET bottle

                                 —

                                 Any other plastic materials for sleeves/labels with a density > 1 g/cm3 used with a PET bottle

                                 —

                                 Any other plastic materials for sleeves/labels with a density < 1 g/cm3 used with a PP or HDPE bottle

                                 —

                                 Labels or sleeves that are metallised or are welded to a packaging body (in mould labelling)

                     Closure

                                 —

                                 PS closure in combination a with a PET, HDPE or PP bottle

                                 —

                                 PVC closure in combination with a PET, PP or HDPE bottle

                                 —

                                 PETG closures or closure material with a density > 1 g/cm3 in combination with a PET bottle

                                 —

                                 Closures made of metal, glass, EVA which are not easily separable from the bottle

                                 —

                                 Closures made of silicone. Silicone closures with a density < 1 g/cm3 in combination with a PET bottle and silicone closures with a density > 1 g/cm3 in combination with PEHD or PP bottle are exempted.

                                 —

                                 Metallic foils or seals which remain fixed to the bottle or its closure after the product has been opened

                     Barrier coatings

                     Polyamide, functional polyolefins, metallised and light blocking barriers

            Assessment and verification: the applicant shall provide a signed declaration of compliance specifying the material composition of the packaging including the container, label or sleeve, adhesives, closure and barrier coating, as appropriate, along with photos or technical drawings of the primary packaging.

            Criterion 7 — Fitness for use

         The product shall have a satisfactory wash performance at the lowest temperature and dosage recommended by the manufacturer for the water hardness in accordance with ‘EU Ecolabel protocol for testing laundry detergents’ (6) or ‘EU Ecolabel protocol for testing stain removers’ (7), as appropriate, available on the EU Ecolabel website.

            Assessment and verification: the applicant shall provide documentation demonstrating that the product has been tested under the conditions specified in the protocol and that the results showed that the product achieved at least the minimum wash performance required. The applicant shall also provide documentation demonstrating compliance with the laboratory requirements included in the relevant harmonised standards for testing and calibration laboratories, if appropriate.
         An equivalent test performance may be used if equivalence has been assessed and accepted by the competent body.

            Criterion 8 — User information

         The product shall be accompanied by instructions for proper use so as to maximise product performance, minimise waste, and reduce water pollution and use of resources. These instructions shall be legible or include graphical representation or icons and include information on the following:

                     (a)

                        Dosing instructions

                     The applicant shall take suitable steps to help consumers respect the recommended dosage, making available the dosing instructions and a convenient dosage system (e.g. caps).
                     Dosage instructions shall include information on the recommended dosage for a standard load for at least two levels of soiling and on the impact of the water hardness on the dosing.
                     Indications of the most prevalent water hardness in the area where the product is intended to be marketed or where this information can be found shall be provided.

                     (b)

                        Packaging disposal information

                     The primary packaging shall include information on the reuse, recycling and correct disposal of packaging.

                     (c)

                        Environmental information

                     A text shall appear on the primary packaging indicating the importance of using the correct dosage and the lowest recommended temperature (which shall not be higher than 30 °C) and full loads in order to minimise energy and water consumption and reduce water pollution.

                        Assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label.

            Criterion 9 — Information appearing on the EU Ecolabel

         The logo shall be visible and legible. The EU Ecolabel registration/licence number shall appear on the product and it shall be legible and clearly visible.
         The applicant may choose to include an optional text box on the label that contains the following text:

                     —

                     Limited impact on the aquatic environment,

                     —

                     Restricted amount of hazardous substances,

                     —

                     Tested for wash performance at 30 °C (*).

                     (*)

                     If the product was tested at 15 or 20 °C in Criterion 7, the applicant may change the temperature indicated accordingly.

            Assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label or artwork of the packaging where the EU Ecolabel is placed, together with a signed declaration of compliance.

            (1)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

            (2)  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).

            (*1)  ‘no limit’ means: regardless of the concentration, all substances intentionally added, by-products and impurities from raw materials.

               N/A
             not applicable.

            (3)  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).

            (4)  A substance is considered to be not bio-accumulating if BCF < 100 or log Kow < 3,0. If both BCF and log Kow values are available, the highest measured BCF value shall be used.

            (*2)  Including stabilisers and other auxiliary substances in the preparations.

            (*3)  In concentrations lower than 0,2 % in the raw material as long as the total concentration in the final product is lower than 0,10 %.

            (5)  Available at the IFRA website: http://www.ifraorg.org

            (*4)  EVA — Ethylene Vinyl Acetate, HDPE — High-density polyethylene, PET — Polyethylene terephtalate, PETG — Polyethylene terephthalate glycol-modified, PP — Polypropylene, PS — Polystyrene, PVC — Polyvinylchloride

            (6)  Available at: http://ec.europa.eu/environment/ecolabel/documents/Performance%20Test%20Laundry%20Detergents.pdf

            (7)  Available at: http://ec.europa.eu/environment/ecolabel/documents/Performance%20Test%20stain%20removers.pdf


title: Council Decision (EU) 2017/1766 of 25 September 2017 on the position to be adopted on behalf of the European Union within the EPA Committee established by the Interim agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, regarding the accession of the Republic of Croatia to the European Union and changes in the list of countries and territories associated with the European Union

text:
               28.9.2017

               EN

               Official Journal of the European Union

               L 250/61

         COUNCIL DECISION (EU) 2017/1766
   of 25 September 2017
   on the position to be adopted on behalf of the European Union within the EPA Committee established by the Interim agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, regarding the accession of the Republic of Croatia to the European Union and changes in the list of countries and territories associated with the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), Article 211 and Article 218(9) thereof,
   Having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (1),
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (‘the Agreement’) has applied provisionally since 14 May 2012.

               (2)

               The Treaty concerning the accession of the Republic of Croatia to the European Union was signed on 9 December 2011 and entered into force on 1 July 2013.

               (3)

               The Republic of Croatia acceded to the Agreement on 22 March 2017 by depositing its act of accession.

               (4)

               Pursuant to Article 67 of the Agreement, the EPA Committee may decide on any amending measures that might be necessary in connection with the accession of new Member States to the Union.

               (5)

               Article 70 of the Agreement provides that the Annexes and Protocols to the Agreement form an integral part thereof and may be reviewed and or amended by the EPA Committee.

               (6)

               Following the change of status of Mayotte (2) and Saint-Barthélemy (3), and the entry into force of Council Decision 2013/755/EU on the association of the overseas countries and territories with the European Union (4), the list of overseas countries and territories in Annex IX to Protocol 1 to the Agreement should be updated.

               (7)

               It is appropriate to establish the position to be adopted on behalf of the European Union within the EPA Committee regarding the accession of the Republic of Croatia to the European Union and changes of status of some countries and territories associated with the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the EPA Committee established by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, regarding the accession of the Republic of Croatia to the European Union and changes in the list of countries and territories associated with the Union, shall be based on the attached draft Decision.
   Minor changes to the draft Decision may be agreed by the representative of the Union in the EPA Committee without further decision of the Council.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 25 September 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ L 111, 24.4.2012, p. 2.

      (2)  European Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (OJ L 204, 31.7.2012, p. 131).

      (3)  European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (OJ L 325, 9.12.2010, p. 4).

      (4)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).

      ANNEX

         DRAFT
         DECISION No …/2017 OF THE EPA COMMITTEE ESTABLISHED BY THE INTERIM AGREEMENT ESTABLISHING A FRAMEWORK FOR AN ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE EASTERN AND SOUTHERN AFRICA STATES, ON THE ONE PART, AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, ON THE OTHER PART,
         of …
         regarding the accession of the Republic of Croatia to the European Union and changes in the list of countries and territories associated with the European Union
         THE EPA COMMITTEE,
         Having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (1) (‘the Agreement’), signed in Grand Baie on 29 August 2009 and provisionally applied since 14 May 2012, and in particular Articles 63, 67 and 70 thereof,
         Having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union, and the act of accession to the Agreement deposited by the Republic of Croatia on 22 March 2017,
         Whereas:

                     (1)

                     Pursuant to Article 63 of the Agreement, the Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty, and, on the other hand, to the territories of the Signatory Eastern and Southern Africa States (‘ESA States’).

                     (2)

                     Pursuant to Article 67(3) of the Agreement, the EPA Committee may decide on any amending measures that might be necessary following the accession of new Member States to the European Union.

                     (3)

                     Article 70 of the Agreement provides that the Annexes and Protocols to the Agreement form an integral part thereof and may be reviewed and or amended by the EPA Committee.

                     (4)

                     Following the change of status of Mayotte (2) and Saint-Barthélemy (3), and the entry into force of Council Decision 2013/755/EU on the association of the overseas countries and territories with the European Union (4), the list of overseas countries and territories in Annex IX to Protocol 1 to the Agreement should be updated,

               HAS ADOPTED THIS DECISION:
         Article 1
         The Republic of Croatia, as a a Party to the Agreement, shall, in the same manner as the other Member States of the Union, respectively adopt and take note of the texts of the Agreement, as well as the Annexes, Protocols and Declarations attached thereto.
         Article 2
         The Agreement is amended as follows:

                     (1)

                     Article 69 is replaced by the following:
                     ‘Article 69
                     Authentic texts
                     This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.’.

                     (2)

                     Annex IV to Protocol 1 is replaced by the following:‘
                        ANNEX IV to Protocol 1
                        Invoice declaration
                        The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
                        Bulgarian version
                        Износителят на продуктите, обхванати от този документ (митническо разрешение № … (5)) декларира, че освен където е отбелязано друго, тези продукти са с … преференциален произход (6).
                        Spanish version
                        El exportador de los productos incluidos en el presente documento (autorización aduanera n.o … (5)) declara que, salvoindicación en sentido contrario, estos productos gozan de un origen preferencial … (6).
                        Croatian version
                        Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br … (5)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (6) preferencijalnog podrijetla.
                        Czech version
                        Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (5)) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (6).
                        Danish version
                        Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (5)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (6).
                        German version
                        Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (5)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte … (6) Ursprungswaren sind.
                        Estonian version
                        Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. … (5)) deklareerib, et need tooted on … (6) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.
                        Greek version
                        Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ. … (5)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (6).
                        English version
                        The exporter of the products covered by this document (customs authorisation No … (5)) declares that, except where otherwise clearly indicated, these products are of … (6) preferential origin.
                        French version
                        L'exportateur des produits couverts par le présent document (autorisation douanière no … (5)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (6).
                        Italian version
                        L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (5)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (6).
                        Latvian version
                        To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (5)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme … (6).
                        Lithuanian version
                        Šiame dokumente išvardytų prekių eksportuotojas (muitinės liudijimo Nr … (5)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (6) preferencinės kilmės prekės.
                        Hungarian version
                        A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (5)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk preferenciális … (6) származásúak.
                        Maltese version
                        L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. … (5)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (6).
                        Dutch version
                        De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (5)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (6).
                        Polish version
                        Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (5)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (6) preferencyjne pochodzenie.
                        Portuguese version
                        O abaixo-assinado, exportador dos produtos abrangidos pelo presente documento (autorização aduaneira n.o … (5)), declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial … (6).
                        Romanian version
                        Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. … (5)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (6).
                        Slovenian version
                        Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (5)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (6) poreklo.
                        Slovak version
                        Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (5)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (6).
                        Finnish version
                        Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (5)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (6).
                        Swedish version
                        Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (5)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (6).
                        … (7)

                        (Place and date)
                        … (8)

                        (Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)
                        Notes
                     ’.
                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (5)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank."

                        (6)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 40 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’."

                        (7)  These indications may be omitted if the information is contained on the document itself."

                        (8)  See Article 21(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory."

               Article 3
         The European Union shall communicate to the ESA States the Croatian language version of the Agreement.
         Article 4
         1.   The Agreement shall be applied to goods exported, from either one of the ESA States to the Republic of Croatia or from the Republic of Croatia to one of the ESA States, which comply with the provisions of Protocol 1 to the Agreement and which on 1 July 2013 were either en route or in temporary storage, in a customs warehouse or in a free zone in one of the ESA States or in the Republic of Croatia.
         2.   In the cases referred to in paragraph 1, preferential treatment shall be granted subject to the submission to the customs authorities of the importing country, within four months of the date of entry into force of this Decision, of a proof of origin issued retrospectively by the customs authorities of the exporting country.
         Article 5
         ESA States shall undertake not to make any claim, request or referral nor to modify or withdraw any concession pursuant to Articles XXIV.6 and XXVIII of the GATT 1994 or Article XXI of the GATS in relation to the accession of the Republic of Croatia to the European Union.
         Article 6
         Annex IX to Protocol 1 to the Agreement is replaced by the following:
         ‘
               ANNEX IX to Protocol 1
               Overseas countries and territories
               Within the meaning of this Protocol, ‘overseas countries and territories’ means the countries and territories referred to in Part Four of the Treaty establishing the European Community listed below:
               (This list is without prejudice to the status of these countries and territories, or future changes in their status.)

                           1.

                           Overseas countries and territories that have special relations with the Kingdom of Denmark:

                                       —

                                       Greenland.

                           2.

                           Overseas countries and territories that have special relations with the French Republic:

                                       —

                                       New Caledonia and Dependencies,

                                       —

                                       French Polynesia,

                                       —

                                       Saint Pierre and Miquelon,

                                       —

                                       Saint Barthélemy,

                                       —

                                       French Southern and Antarctic Territories,

                                       —

                                       Wallis and Futuna.

                           3.

                           Overseas countries and territories that have special relations with the Kingdom of the Netherlands:

                                       —

                                       Aruba,

                                       —

                                       Bonaire,

                                       —

                                       Curaçao,

                                       —

                                       Saba,

                                       —

                                       Sint Eustatius,

                                       —

                                       Sint Maarten.

                           4.

                           Overseas countries and territories that have special relations with the United Kingdom of Great Britain and Northern Ireland:

                                       —

                                       Anguilla,

                                       —

                                       Bermuda,

                                       —

                                       Cayman Islands,

                                       —

                                       Falkland Islands,

                                       —

                                       South Georgia and the South Sandwich Islands,

                                       —

                                       Montserrat,

                                       —

                                       Pitcairn,

                                       —

                                       Saint Helena and Dependencies,

                                       —

                                       British Antarctic Territory,

                                       —

                                       British Indian Ocean Territory,

                                       —

                                       Turks and Caicos Islands,

                                       —

                                       British Virgin Islands.

                     ’.
         Article 7
         This Decision shall enter into force on ….
         Articles 3 and 4 shall apply with effect from 1 July 2013.

            Done at …, on ….

                  For the signatory ESA States

                  For the European Union

         (1)  OJ L 111, 24.4.2012, p. 2.

         (2)  European Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (OJ L 204, 31.7.2012, p. 131).

         (3)  European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (OJ L 325, 9.12.2010, p. 4).

         (4)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).