title: Commission Decision (EU) 2018/1702 of 8 November 2018 establishing the EU Ecolabel criteria for lubricants (notified under document C(2018) 7125) (Text with EEA relevance.)

text:
                  13.11.2018

                  EN

                  Official Journal of the European Union

                  L 285/82

         COMMISSION DECISION (EU) 2018/1702
         of 8 November 2018
         establishing the EU Ecolabel criteria for lubricants

               (notified under document C(2018) 7125)

         (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 according to product groups.

                     (3)

                     Commission Decision 2011/381/EU (2) established the criteria and the related assessment and verification requirements for lubricants. The period of validity of those criteria and requirements was extended to 31 December 2018 by Commission Decision (EU) 2015/877 (3).

                     (4)

                     The EU Ecolabel Fitness check (REFIT) of 30 June 2017, reviewing the implementation of Regulation (EC) No 66/2010 (4), concluded on the need to develop a more strategic approach for the EU Ecolabel, including streamlined criteria for selecting products. In line with those conclusions, and in consultation with the EU Ecolabelling Board, it is appropriate to revise the criteria for lubricants product group, taking into consideration the current success, stakeholders' interest in the product and potential future windows of opportunity for increased uptake and market`s demand on sustainable products. The definition of the product group ‘lubricants’ should be modified to include a reference to the functionality of the product instead of its composition. This is to ensure that the definition clearly covers all relevant lubricant compositions.

                     (5)

                     In order to take into account recent market developments and innovations that have taken place in the intervening period, it is appropriate to establish a new set of EU Ecolabel criteria for the product group ‘lubricants’. The aim of those criteria should be to promote products that have a limited impact on the aquatic environment, contain a limited amount of hazardous substances and performance as well as or better than a conventional lubricant available on the market. In line with the objectives of the European strategy for plastics in a circular economy (5), the criteria should also seek to facilitate the transition to a more circular economy by encouraging improved design and by further incentivising the demand for recycled materials.

                     (6)

                     The new criteria, as well as the related assessment and verification requirements, should remain valid until 31 December 2024, taking into account the innovation cycle for that product group.

                     (7)

                     For reasons of legal certainty, Decision 2011/381/EU should be repealed.

                     (8)

                     A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for lubricants on the basis of the criteria set out in Decision 2011/381/EU, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. For a limited period after adoption of this Decision, producers should also be allowed to submit applications based either on the criteria established by Decision 2011/381/EU or on the revised criteria established by this Decision. Where the EU Ecolabel was awarded on the basis of the criteria established by Decision 2011/381/EU, use of it should not be permitted after 31 December 2019.

                     (9)

                     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 ‘lubricants’ shall comprise any lubricant falling within one of the following sub-groups:

                        (a)

                        the Total Loss Lubricants (TLL) sub-group, which shall comprise chainsaw oils, wire rope lubricants, concrete release agents, total loss greases and other total loss lubricants;

                        (b)

                        the Partial Loss Lubricants (PLL) sub-group, which shall comprise gear oils intended for the use in open gears, stern tube oils, two-stroke oils, temporary protection against corrosion and partial loss greases;

                        (c)

                        the Accidental Loss Lubricants (ALL) sub-group, which shall comprise hydraulic systems, metalworking fluids, closed gear oils intended for the use in closed gears and accidental loss greases.

            Article 2
            For the purposes of this Decision, the following definitions shall apply:

                        (1)

                        ‘lubricant’ means a product that is capable of reducing friction, adhesion, heat, wear or corrosion when applied to a surface or introduced between two surfaces in relative motion, or is capable of transmitting mechanical power. The most common ingredients are base fluids and additives;

                        (2)

                        ‘base fluid’ means a lubricating fluid which flow, ageing, lubricity and anti-wear properties, as well as its properties regarding contaminant suspension, have not been improved by the inclusion of additive(s);

                        (3)

                        ‘additive’ means a substance or mixture which primary functions are the improvement of one or several of the following aspects: flow, ageing, lubricity, anti-wear properties and contaminant suspension;

                        (4)

                        ‘substance’ means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

                        (5)

                        ‘total loss’ means that the lubricant is fully released to the environment during use;

                        (6)

                        ‘partial loss’ means that the lubricant is partially released to the environment during use and the non-released part can be recovered for re-processing, recycling or disposal;

                        (7)

                        ‘accidental loss’ means that the lubricant is used in a closed system and can be released to the environment only incidentally and, after use, can be recovered for re-processing, recycling or disposal;

                        (8)

                        ‘chainsaw oil’ means a lubricant that is used to lubricate the bar and chain on one or more types of chainsaw;

                        (9)

                        ‘wire rope lubricant’ means a lubricant that is used to lubricate wire ropes which consist of several strands of metal wire held together to form a rope;

                        (10)

                        ‘concrete release agent’ means a lubricant that is used in the construction industry to prevent freshly placed concrete adhering to a surface, usually plywood, overlaid plywood, steel or aluminium;

                        (11)

                        ‘grease’ means a solid or semi-solid lubricant which contains a thickener in order to thicken or modify the rheology of the base fluid;

                        (12)

                        ‘gear oil’ means a lubricant made specifically for transmissions, transfer cases, and differentials in automobiles, trucks, and other machinery;

                        (13)

                        ‘stern tube oil’ means a lubricant used in the stern tube of a ship;

                        (14)

                        ‘two-stroke oil’ means a lubricant used in two-stroke engines;

                        (15)

                        ‘temporary protection against corrosion’ means a lubricant that is applied to a metal surface as a thin film in order to prevent water and oxygen from coming into contact with the metal surface;

                        (16)

                        ‘hydraulic systems’ means a lubricant by means of which power is transferred in hydraulic machinery;

                        (17)

                        ‘metalworking fluid’ means a lubricant designed for metalworking processes, such as cutting and forming, and whose main functions are cooling, reducing friction, removing metal particles, and protecting the work pieces, the tool, and the machine tool from corrosion.

            Article 3
            In order to be awarded the EU Ecolabel under Regulation (EC) No 66/2010, a lubricant shall fall within the product group ‘lubricants’ as defined in Article 1 of this Decision and shall comply with the criteria and related assessment and verification requirements set out in the Annex to this Decision.

            Article 4
            The criteria for the product group ‘lubricants’ and the related assessment and verification requirements shall be valid until 31 December 2024.

            Article 5
            For administrative purposes, the code number assigned to the product group ‘lubricants’ shall be ‘027’.

            Article 6
            Decision 2011/381/EU is repealed.

            Article 7

               1.   Notwithstanding Article 6, applications for the EU Ecolabel for products falling within the product group ‘lubricants’ submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2011/381/EU.

               2.   Applications for the EU Ecolabel for products falling within the product group ‘lubricants’ submitted within two months from the date of adoption of this Decision may be based either on the criteria set out in Decision 2011/381/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.   Where the EU Ecolabel is awarded, in accordance with the criteria set out in Decision 2011/381/EU, the EU Ecolabel may be used only until 31 December 2019.

            Article 8
            This Decision is addressed to the Member States.

            Done at Brussels, 8 November 2018.

                  For the Commission

               Karmenu VELLA

                  Member of the Commission

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

            (2)  Commission Decision 2011/381/EU of 24 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to lubricants (OJ L 169, 29.6.2011, p. 28).

            (3)  Commission Decision (EU) 2015/877 of 4 June 2015 amending Decisions 2009/568/EC, 2011/333/EU, 2011/381/EU, 2012/448/EU and 2012/481/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to certain products (OJ L 142, 6.6.2015, p. 32).

            (4)  Report from the Commission to the European Parliament and the Council on the review of implementation of Regulation (EC) No 122/2009 of the European Parliament and of the Council on 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and the Regulation (EC) No 66/2010 of the parliament and of the Council of 25 November 2009 on the EU Ecolabel (COM(2017) 355).

            (5)  COM(2018) 28 final.

            ANNEX

               FRAMEWORK

               EU ECOLABEL CRITERIA

               Criteria for awarding the EU Ecolabel to lubricants

            CRITERIA

                        1.

                        Excluded or limited substances

                        2.

                        Additional aquatic toxicity requirements

                        3.

                        Biodegradability and bioaccumulative potential

                        4.

                        Renewable ingredients requirements

                        5.

                        Packaging/container requirements

                        6.

                        Minimum technical performance

                        7.

                        Consumer information regarding use and disposal

                        8.

                        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 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 (General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2005)) or with the principles of Good Laboratory Practice (GLP); 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 Lubricant Substance Classification list (LuSC list), available on the EU Ecolabel website (2), contains substances and brands that have been assessed by a competent body with regard to the relevant requirements included in this Decision and the data can be used directly in the application process.
            A Letter of Compliance issued by one of the EU Ecolabel competent bodies can be used directly in the application process.
            A list of all intentionally added substances and/or formed intentionally after any chemical reaction in the applied lubricant at or above the concentration of 0,010 % weight by weight in the final product shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the CAS No, the ingoing quantity, the function and the form present in the final product formulation. All listed substances present in the form of nanomaterials shall be clearly indicated on the list with the word ‘nano’ written in brackets.
            For each substance listed, the Safety Data Sheets (SDS) in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) 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 the final product and its constituent substances that are intentionally added and/or formed intentionally after any chemical reaction in the applied lubricant as indicated within each criterion.
            In addition, the total fraction of the listed substances where the formulated criteria 2 and 3 do not apply shall remain below 0,5 % (w/w).

               Note: Where grease can be used as both TLL and PLL (as in the case of multifunctional grease), criteria applicable to the TLL sub-group shall apply. If grease can be used as PLL and ALL, but not as TLL, then the criteria applicable to the PLL sub-group shall apply.
            For gear oils used in open gears criteria applicable to the PLL sub-group shall apply while for gear oils used in closed gears criteria applicable to the ALL sub-group shall apply. When a gear oil can be used in both types of gears criteria applicable to the PLL sub-group shall apply.
            CRITERION 1 — EXCLUDED OR LIMITED SUBSTANCES
            For the purpose of criterion 1 impurities stated in the SDS, whose presence in the final product equals or exceeds 0,010 %, shall comply with the same requirements as the intentionally added substances.
            1(a)   Hazardous substances

            (i)   Final product
            The final product shall not be classified in accordance with any of the hazard statements included in Table 1.
            (ii)   Substances
            Substances that meet the criteria for classification with the hazard statements listed in Table 1 shall not be intentionally added or formed in the final product as specified by the respective limit values.
            Where stricter, the generic or specific concentration limits determined in accordance with Article 10 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) shall take precedence.

               Table 1

               Restricted hazard statements

                        Hazard statement

                        Limit value

                        H340 May cause genetic defects

                        ≤ 0,010 % weight by weight per substance in the final product

                        H350 May cause cancer

                        H350i May cause cancer by inhalation

                        H360F May damage fertility

                        H360D May damage the unborn child

                        H360FD May damage fertility. May damage the unborn child

                        H360Fd May damage fertility. Suspected of damaging the unborn child

                        H360Df May damage the unborn child. Suspected of damaging fertility

                        H341 Suspected of causing genetic defects

                        H351 Suspected of causing cancer

                        H361f Suspected of damaging fertility

                        H361d Suspected of damaging the unborn child

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

                        H362 May cause harm to breast-fed children

                        H300 Fatal if swallowed (oral)

                        H310 Fatal in contact with skin (dermal)

                        H330 Fatal if inhaled (inhal.)

                        H304 May be fatal if swallowed and enters airways

                        ≤ 0,5 × Final product classification limit for H304

                        H301 Toxic if swallowed

                        < Final product classification limit for H301

                        H311 Toxic in contact with skin

                        < Final product classification limit for H311

                        H331 Toxic if inhaled

                        < Final product classification limit for H331

                        EUH070 Toxic by eye contact

                        ≤ 0,010 % weight by weight per substance in the final product

                        H370 Causes damage to organs

                        H372 Causes damage to organs through prolonged or repeated exposure

                        H371 May cause damage to organs

                        H373 May cause damage to organs through prolonged or repeated exposure

                        < Final product classification limit for H373

                        H335 May cause respiratory irritation

                        ≤ 0,010 % weight by weight per substance in the final product

                        H336 May cause drowsiness or dizziness

                        < Final product classification limit for H336

                        H317: May cause allergic skin reaction

                        < Final product classification limit for H317

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

                        ≤ 0,010 % weight by weight per substance in the final product

                        H314 Causes severe skin burns and eye damage

                        < Final product classification limit for H314

                        H315 Causes skin irritation

                        < Final product classification limit for H315

                        H318: Causes serious eye damage

                        < Final product classification limit for H318

                        H319 Causes serious eye irritation

                        < Final product classification limit for H319

                        H400 Very toxic to aquatic life

                        ≤ 0,5 × Final product classification limit for H400

                        H410 Very toxic to aquatic life with long-lasting effects

                        ≤ 0,5 × Final product classification limit for H410

                        H411 Toxic to aquatic life with long-lasting effects

                        < Final product classification limit for H412 and H413

                        H412 Harmful to aquatic life with long-lasting effects

                        H413 May cause long-lasting effects to aquatic life

                        H420 Harms public health and the environment by destroying ozone in the upper atmosphere

                        ≤ 0,010 % weight by weight per substance in the final product

                        EUH029 Contact with water liberates toxic gas

                        EUH031 Contact with acids liberates toxic gas

                        EUH032 Contact with acids liberates very toxic gas

                        EUH066 Repeated exposure may cause skin dryness or cracking

                        < Final product classification limit for EUH066

               Note: where final product classification limit (or 0,5 × Final product classification limit) is mentioned, the maximum total concentration of all classified substances with the specific hazard statement(s) shall be considered.
            This criterion does not apply to substances covered by Article 2(7)(a) and (b) of Regulation (EC) No 1907/2006 which sets 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 intentionally added/formed substance at or above the concentration of 0,010 % weight by weight in the final product.
            1(b)   Specified restricted substances

            The substances listed below shall not be intentionally added or formed at or above the concentration of 0,010 % weight by weight in the final product:

                        —

                        Substances appearing in the Union List of priority substances in the field of water policy in Annex X to Directive 2000/60/EC of the European Parliament and of the Council (5) as amended by Decision No 2455/2001/EC (6) and the OSPAR List of Chemicals for Priority Action (http://www.ospar.org/work-areas/hasec/chemicals/priority-action),

                        —

                        Organic halogen compounds and nitrite compounds,

                        —

                        Metals or metallic compounds with the exception of sodium, potassium, magnesium and calcium. In the case of thickeners, also lithium and/or aluminium compounds may be used up to concentrations limited by the other criteria included in the Annex to this Decision.

                  1(c)   Substances of very high concern (SVHCs)

            The final product shall not contain any intentionally added/formed substances that have been identified in accordance with the procedure described in Article 59(1) of Regulation (EU) No 1907/2006, which establishes the candidate list for substances of very high concern at or above the concentration of 0,010 % weight by weight in the final product.

               Assessment and verification

            The applicant shall provide a signed declaration of compliance with above sub-requirements, supported by declarations from suppliers, if appropriate; and the following supporting evidence:
            To demonstrate compliance with 1(a)(i) the applicant shall provide the SDS of the final product.
            To demonstrate compliance with 1(a)(ii), 1(b) and 1(c) the applicant shall provide:

                        —

                        SDS of intentionally added mixtures and their concentration in the final product,

                        —

                        SDS of intentionally added substances and their concentration in the final product.

                  For substances exempted from requirement 1(a)(ii) (see Annexes IV and V to Regulation (EC) No 1907/2006), a declaration to this effect by the applicant shall suffice to comply.
            For requirement 1(c) reference to the latest list of substances of very high concern shall be made on the date of application.
            The above evidence can also be provided directly to Competent Bodies by any supplier in the applicant's supply chain.
            CRITERION 2 — ADDITIONAL AQUATIC TOXICITY REQUIREMENTS
            The applicant shall demonstrate compliance by meeting the requirements of either criterion 2.1 or 2.2.
            2.1.   Requirement for the lubricant and its main components

            The critical concentration for the aquatic toxicity for both the freshly prepared lubricant and for each main component shall not be lower than the values specified in Table 2.
            Main component means any substance accounting for more than 5 % by weight of the lubricant.

               Table 2

               Aquatic toxicity values for both freshly prepared lubricant and for each main component

                        ALL

                        PLL

                        TLL

                        Aquatic toxicity for the freshly prepared lubricant

                        Critical concentration for acute aquatic toxicity OR

                        > 100 mg/l

                        > 1 000  mg/l

                        > 1 000  mg/l

                        Chronic aquatic toxicity

                        > 10 mg/l

                        > 100 mg/l

                        > 100 mg/l

                        Aquatic toxicity for each main component

                        Critical concentration for acute aquatic toxicity OR

                        > 100 mg/l

                        Chronic aquatic toxicity

                        > 10 mg/l

                  Available acute aquatic toxicity test data for each main component shall be provided on each of the following two trophic levels:

                        —

                        crustacean (daphnia preferred),

                        —

                        aquatic plants (algae preferred).

                  In case acute aquatic toxicity test data is missing in one or both trophic levels, available test data on chronic aquatic toxicity for both the crustacean (daphnia preferred) and fish trophic level shall be accepted.
            QSARs could be used to fill data gaps for chronic toxicity or for acute toxicity in only one of the relevant trophic levels.
            In case the aforementioned test data is not available for each main component, a test shall be performed to generate data for acute toxicity in the missing trophic level/s (i.e. crustacean and/or aquatic plants).
            Available acute aquatic toxicity test data for the lubricant shall be provided on each of the following three trophic levels:

                        —

                        crustacean (daphnia preferred),

                        —

                        aquatic plants (algae preferred),

                        —

                        fish.

                  In case acute aquatic toxicity test data for the applied lubricant is missing for any of the mentioned trophic levels available test data on chronic aquatic toxicity shall be accepted for the missing trophic level/s.
            In case the above data is not available for the applied lubricant, a test shall be performed to generate data on acute aquatic toxicity for the missing trophic level/s.
            2.2.   Requirement for each intentionally added or formed substances at or above 0,10 % weight by weight in the final product

            Substances exhibiting a certain degree of aquatic toxicity are allowed up to a cumulative mass concentration indicated in Table 3.

               Table 3

               Cumulative mass percentage (% w/w) limits for substances present in the product with respect to their aquatic toxicity

                        Cumulative mass percentage (% weight by weight in the final product)

                        ALL

                        PLL

                        TLL

                        Acute aquatic toxicity > 100 mg/l or
                        Chronic aquatic toxicity > 10 mg/l

                        Not limited

                        Acute aquatic toxicity > 10 to ≤ 100 mg/l or
                        1 mg/l < Chronic aquatic toxicity ≤ 10 mg/l

                        ≤ 10
                        (≤ 20 for ALL greases)

                        ≤ 10
                        (≤ 15 for PLL greases)

                        ≤ 2
                        (≤ 10 for TLL greases)

                        Acute aquatic toxicity > 1 to ≤ 10 mg/l or
                        0,1 mg/l < Chronic aquatic toxicity ≤ 1 mg/l

                        ≤ 2,5
                        (≤ 1 for ALL greases)

                        ≤ 0,6

                        ≤ 0,4

                        Acute aquatic toxicity≤ 1 mg/l or
                        Chronic aquatic toxicity ≤ 0,1 mg/l

                        ≤ 0,1/M (*1)

                        ≤ 0,1/M (*1)

                        ≤ 0,1/M (*1)

                  Available chronic aquatic toxicity test data for each substance (each intentionally added or formed substances at or above 0,10 % weight by weight in the final product) shall be provided for each of the following two trophic levels:

                        —

                        crustacean (daphnia preferred), and

                        —

                        fish

                  In case chronic aquatic toxicity test data is missing in one or both trophic levels, available data on acute aquatic toxicity for both trophic levels, crustacean (daphnia preferred) and aquatic plants (algae preferred) shall be accepted.
            QSARs could be used to fill data gaps for chronic toxicity or for acute toxicity in only one of the relevant trophic levels.
            In case the above data is not available for each substance, a test shall be performed to generate data for acute toxicity in the missing trophic level/s (i.e. crustacean and/or aquatic plants).

               Assessment and verification applicable to criteria 2.1 and 2.2

            In case of self-assessment by the applicant, for each substance, main component or for the lubricant, the applicant shall provide test reports or literature data including the references demonstrating compliance with the requirements set in sub-criterion 2.1 or 2.2.
            For each substance or main component where the assessment is based on a valid letter of compliance (LoC), a copy of the letter shall be provided. For each substance or main component selected from the Lubricant Substance Classification list (LuSC-list) the assessment can be based on the information reported in said list and no documents need to be submitted.
            Either marine or freshwater toxicity data are accepted.
            Acute aquatic toxicity data (available or generated for the application) shall originate from tests carried out according to:

                        —

                        ISO 10253 or ISO 8692 or OECD Test Guideline 201 or Part C.3 of the Annex to Commission Regulation (EC) No 440/2008 (7) for algae,

                        —

                        ISO 6341 or OECD Test Guideline 202 or Part C.2 of the Annex to Regulation (EC) No 440/2008 for daphnia,

                        —

                        ISO 7346 or OECD Test Guideline 203 or Part C.1 of the Annex to Regulation (EC) No 440/2008 for fish (only applies to available existing data),

                        —

                        fish embryo toxicity (FET) (non-animal alternative) test according to OECD Test Guideline 236 or part C.49 of the Annex to Regulation (EC) No 440/2008 for fish (only applies when a test needs to be performed for the application).

                  Only acute aquatic toxicity (72 or 96 hr) ErC50 for algae, (48hr) EC50 for daphnia and (96hr) LC50 for fish are accepted.
            Chronic aquatic toxicity data (available) shall originate from tests carried out according to:

                        —

                        ISO 10253 or ISO 8692 or OECD Test Guideline 201 or Part C.3 of the Annex to Regulation (EC) No 440/2008 for algae,

                        —

                        Part C.20 of the Annex to Regulation (EC) No 440/2008 or OECD Test Guideline 211 for daphnia,

                        —

                        OECD Test Guideline 215 or Part C.14 of the Annex to Regulation (EC) No 440/2008 or ISO 12890 or OECD Test Guideline 212 or part C.15 of the Annex to Regulation (EC) No 440/2008 or OECD Test Guideline 210 for fish.

                  Only chronic toxicity data in the form of No Observed Effect Concentration (NOEC) data shall be accepted.
            When QSARs are used to fill data gaps, the applicant shall provide the prediction generated for the target chemical. Results of (Q)SARs shall only be accepted if documentation on the validity and applicability domain of the applied model is provided by the applicant.
            In the case of slightly soluble substances or mixtures (< 10 mg/l) the method of the water-accommodated fraction (WAF) can be used in the aquatic toxicity determination. The established loading level referred to as LL50 and related to the lethal loading or the EL50 related to the effective loading for acute aquatic toxicity and NOELR related to the no observable effect loading rate for chronic aquatic toxicity may be used directly in the classification criteria. The preparation of a water-accommodated fraction shall follow the recommendations set out according to one of the following guidelines: Appendix C to ECETOC Technical Report No 26 (1996), OECD 2002 Guidance Document on Aquatic Toxicity Testing of Difficult Substances and Mixtures (OECD Series on Testing and Assessment, No 23), ISO 5667-16 Water quality — Sampling — Part 16 (Guidance on biotesting of samples), ASTM D6081-98 (Standard practice for Aquatic Toxicity Testing for Lubricants: Sample Preparation and Results Interpretation) or equivalent methods. In addition, demonstration of the absence of toxicity for a substance at its limit of water solubility shall be deemed to have met the requirements of this criterion.
            The following substances are exempted from requirements 2.1 and 2.2:

                        —

                        any substance which is unlikely to cross biological membranes MM > 800 g/mol and with a molecular diameter > 1,5 nm (> 15 Å), or

                        —

                        any substance which is a polymer and whose molecular weight fraction below 1 000 g/mol is less than 1 %, or

                        —

                        any substance which is highly insoluble in water (water solubility < 10 μg/l)

                  The water solubility of substances shall be determined where appropriate according to OECD Test Guideline 105 or Part A.6 of the Annex to Regulation (EC) No 440/2008 or equivalent test methods.
            A polymer molecular weight fraction below 1 000 g/mol shall be determined according to Part A.19 of the Annex to Regulation (EC) No 440/2008 or OECD Test Guideline 119 or equivalent test methods.
            CRITERION 3 — BIODEGRADABILITY AND BIOACCUMULATIVE POTENTIAL
            Requirements for the biodegradability of organic compounds and bioaccumulative potential shall be fulfilled by each intentionally added or formed substance at or above the concentration of 0,10 % weight by weight in the final product.
            The lubricant shall not contain substances that are both non-biodegradable and (potentially) bioaccumulative. However, the lubricant may contain one or more substances with a certain degree of degradability and potential or actual bioaccumulation up to a cumulative mass concentration as indicated in Table 4.

               Table 4

               Cumulative mass percentage (%w/w) limits for substances present in the product with respect to their biodegradability and bio-accumulation potential

                        ALL

                        PLL

                        TLL

                        Greases
                        (ALL,PLL,TLL)

                        Readily aerobically biodegradable

                        > 90

                        > 75

                        > 95

                        > 80

                        Inherently aerobically biodegradable

                        ≤ 10

                        ≤ 25

                        ≤ 5

                        ≤ 20

                        Non-biodegradable and non-bioaccumulative

                        ≤ 5

                        ≤ 20

                        ≤ 5

                        ≤ 15

                        Non-biodegradable and bioaccumulative

                        ≤ 0,1

                        ≤ 0,1

                        ≤ 0,1

                        ≤ 0,1

               Assessment and verification

            For each substance where the assessment is carried out by the applicant, test reports or literature data including the references on the biodegradability and when required on the (potential) bioaccumulation shall be provided.
            For each substance where the assessment is based on a valid letter of compliance (LoC), only a copy of the letter shall be provided.
            For each substance selected from the Lubricant Substance Classification list (LuSC-list) the assessment can be based on the information reported in said list and no documents need to be submitted.

               Biodegradation

                        ‘Inherently biodegradable’ means a substance, which achieves the following level of degradation:

                                    > 70 % after 28 days for inherent biodegradation test, or

                                    > 20 % but < 60 % after 28 days in tests based on oxygen depletion or carbon dioxide generation.

                              Inherent biodegradability shall be measured in accordance with the following tests:

                                    —

                                    Regulation (EC) No 440/2008 (Part C.9 of the Annex), OECD 302 or equivalent methods,

                                    —

                                    tests based on oxygen depletion or carbon dioxide generation: Regulation (EC) No 440/2008 (Part C.4 of the Annex), OECD 306, OECD 310, or equivalent methods.

                        ‘Readily biodegradable’ means an arbitrary classification of chemicals which have passed certain specified screening tests for ultimate biodegradability; these tests are so stringent that it is assumed that such compounds will rapidly and completely biodegrade in aquatic environments under aerobic conditions. Substances are considered rapidly degradable in the environment if one of the following criteria holds true:

                                    1.

                                    if, in 28-day ready biodegradation studies, at least the following levels of degradation are achieved:

                                                —

                                                tests based on dissolved organic carbon: 70 %,

                                                —

                                                tests based on oxygen depletion or carbon dioxide generation: 60 % of theoretical maximum.

                                          These levels of biodegradation must be achieved within 10 days of the start of degradation which point is taken as the time when 10 % of the substance has been degraded, unless the substance is identified as an UVCB or as a complex, multi-constituent substance with structurally similar components. In this case, and where there is sufficient justification, the 10-day window condition may be waived and the pass level applied at 28 days; or

                                    2.

                                    if, in those cases, where only BOD and COD data are available, when the ratio of BOD5/COD is ≥ 0,5; or

                                    3.

                                    if other convincing scientific evidence is available to demonstrate that the substance can be degraded (biotically and/or abiotically) in the aquatic environment to a level > 70 % within a 28-day period.

                              Ready biodegradability shall be measured in accordance with the following tests:

                                    —

                                    Regulation (EC) No 440/2008 (Part C.4, C.5 in conjunction with C.6 and C.42 of the Annex), OECD 301, OECD 306, OECD 310, or equivalent methods.

                           Note: Within the frame of this criterion, the 10-day window principle will not necessarily apply. If the substance reaches the biodegradation pass level within 28 days but not within the 10-day time-window a slower degradation rate is assumed.

                        ‘Non-biodegradable’ means a substance which fails the criteria for ultimate and inherent biodegradability.
                        The applicant may also use read-across data to estimate the biodegradability of a substance. ‘Read-across’ for the assessment of the biodegradability of a substance shall be acceptable if the reference substance differs by only one functional group or fragment from the substance applied in the product. If the reference substance is readily or inherently biodegradable and the functional group has a positive effect on the aerobic biodegradation, then the applied substance may also be regarded as readily or inherently biodegradable. Functional groups or fragments with a positive effect on the biodegradation are: aliphatic and aromatic alcohol [-OH], aliphatic and aromatic acid [-C(= O)-OH], aldehyde [-CHO], Ester [-C(= O)-O-C], amide [-C(= O)–N or -C(= S)–N]. Adequate and reliable documentation of the study on the reference substance should be provided. In case of a comparison with a fragment, not included above, adequate and reliable documentation of the studies should be provided on the positive effect of the functional group on the biodegradation of structurally similar substances.

               Bioaccumulation

            The (potential) bioaccumulation does not need to be established when the substance:

                        —

                        has a MM > 800 g/mol and has a molecular diameter > 1,5 nm (> 15 Å), or

                        —

                        has an octanol-water partition coefficient, log Kow, value of < 3 or > 7, or

                        —

                        has a measured BCF of ≤ 100 l/kg, or

                        —

                        is a polymer and its molecular weight fraction below 1 000 g/mol is less than 1 %.

                  Since most substances used in lubricants are quite hydrophobic the bioconcentration factor (BCF) value should be based on the lipid weight content and care must be shown to ensure a sufficient exposure time. The BCF shall be assessed according to Part C.13 of the Annex to Regulation (EC) No 440/2008 or equivalent test methods.
            The log octanol/water partition coefficient (log Kow) shall be assessed according to Part A.8 of the Annex to Regulation (EC) No 440/2008 or OECD 123 or equivalent test methods. In case of an organic substance other than a surfactant where no experimental value is available, a calculation method can be used. The following calculation methods are allowed: CLOGP, LOGKOW, (KOWWIN) and SPARC. Estimated log Kow values obtained by any of these calculation methods < 3 or > 7 indicate that the substance is not expected to bioaccumulate.
            Log Kow values are applicable to organic chemicals only. To assess the bioaccumulation potential of non-organic compounds, surfactants, and some organo-metallic compounds, BCF measurements shall be carried out.
            CRITERION 4 — RENEWABLE INGREDIENTS REQUIREMENTS

                        (a)

                        In the specific case of renewable ingredients from palm oil or palm kernel oil, or derived from palm oil or palm kernel oil, 100 % w/w of the renewable ingredients used shall meet the requirements for sustainable production of a certification scheme that is a multi-stakeholder organisation with a broad membership, including NGOs, industry and government and that addresses environmental impacts on soil, biodiversity, organic carbon stocks and conservation of natural resources.

                        (b)

                        If the term ‘bio-based’ or ‘bio-lubricant’ is used, the minimum bio-based carbon content in the final product shall be 25 % in accordance with EN 16807.

               Assessment and verification

            To demonstrate compliance with criterion 4(a) evidence through third-party chain of custody certificates that the input materials used in the manufacturing originate from sustainably managed plantations shall be provided. Roundtable for Sustainable Palm Oil (RSPO) certificates or certificates of any equivalent or stricter sustainable production scheme demonstrating compliance to any of the following models: identity preserved, segregated, mass balance shall be accepted. For palm oil and palm kernel oil derivatives, the amounts of RSPO credits purchased and claimed in the RSPO PalmTrace system model during the most recent annual trading period shall be provided to demonstrate compliance to the Book and Claim supply chain model.
            To demonstrate compliance with criterion 4(b) the applicant shall enclose the final product test report in accordance with EN 16807, ASTM D 6866, DIN CEN/TS 16137 (SPEC 91236), EN 16640 or EN 16785-1.
            CRITERION 5 — PACKAGING/CONTAINER REQUIREMENTS

                        (a)

                        Recycled content (applicable only in the case of lubricants sold in plastic packaging/container): plastic packaging/container shall be made of a minimum of 25 % of post-consumer plastic.

                        (b)

                        Design (applicable only in the case of lubricants designed to be sold to private end-consumers): the packaging/container should have an appropriate system (e.g. prolongation systems or narrow apertures) in order to avoid spillage during use.

               Assessment and verification

            The applicant shall provide the following evidence as applicable:
            The composition of the plastic packaging/container and the shares of recycled and virgin material. If necessary, a declaration of compliance from the plastic packaging/container supplier shall be included.
            Post-consumer plastic means plastic generated by households or by commercial, industrial and institutional facilities in their role as end-users of the product which can no longer be used for its intended purpose. This includes returns of plastic from the distribution chain.
            Post-consumer plastic content shall be calculated as shown below. As there are no methods available for directly measuring the recycled content in a product or packaging, the mass of plastic obtained from the recycling process, after accounting for losses and other diversions, shall be used.
            X(%) = A/P × 100
            Where:

                        X is the (post-consumer) recycled content

                        A is the mass of the recycled (post-consumer) plastic

                        P is the mass of the packaging/container

                  A description of the design of the packaging/container, along with photos or technical drawings, shall also be provided.
            CRITERION 6 — MINIMUM TECHNICAL PERFORMANCE
            The lubricant product shall comply with the corresponding minimum technical performance requirements as specified in Table 5.

               Table 5

               Minimum technical performance for lubricant products

                        Lubricant category

                        Minimum technical performance

                        Chainsaw oils

                        KWF test version 2017 test or equivalent

                                    —

                                    Wire rope lubricants

                                    —

                                    Concrete release agents

                                    —

                                    Other total loss lubricants

                                    —

                                    Stern tube oils

                                    —

                                    Metalworking fluids

                        ‘Fit for purpose’ demonstrated by at least one ‘applicant's clients' approval’

                        Gear oils

                        gear oils (closed gears): ISO 12925-1 or DIN 51517 (Section I, II or III)
                        gear oils (open gears): ‘Fit for purpose’ demonstrated by at least one ‘applicant's clients' approval’.

                        Two-stroke oils

                        two-stroke marine: NMMA TC-W3
                        two-stroke terrestrial: ISO 13738 (EGD)

                        Hydraulic systems

                        ISO 15380 (Tables 2 to 5)
                        Fire resistant hydraulic fluids: ISO 15380 (Tables 2 to 5) + ISO 12922 (Table 1 to 3) or Factory Mutual Approval

                        Temporary protection against corrosion

                        ISO/TS 12928 or ‘Fit for purpose’ demonstrated by at least one ‘applicant's clients' approval’.

                        Lubricating greases

                        Greases for temporary protection against corrosion: ISO/TS 12928 or ‘Fit for purpose’ demonstrated by at least one ‘applicant's clients' approval’.
                        Greases for closed gear: DIN 51826
                        Greases for roller bearings, plain bearings and sliding surfaces: DIN 51825
                        All other greases: ISO 12924 or ‘Fit for purpose’ demonstrated by at least one ‘applicant's clients' approval’

               Note: Multipurpose greases that include any of the above specified applications among their potential uses shall be tested according to the corresponding specific test of the relevant specified application.

               Assessment and verification

            The applicant shall provide a declaration of compliance with this criterion supported by testing results, where appropriate.
            For hydraulic systems, it shall be indicated on the product information sheet which elastomers have been tested.

               Applicant's clients' approval means a letter/document/statements issued by clients for a specific product, assuring that the product met their specifications and works correctly in its intended application.
            CRITERION 7 — CONSUMER INFORMATION REGARDING USE AND DISPOSAL
            In the case of lubricants designed to be sold to private end-consumers, the following information (in text form or pictograms) shall be present on the packaging/container (comparable text formulations are permitted):

                        ‘Avoid any spillage of unused product to the environment’,

                        ‘Product residue and package/container should be disposed of in dedicated collection points’.

               Assessment and verification

            The applicant shall provide a sample of the product container/packaging or its artwork where the above information appears.
            CRITERION 8 — INFORMATION APPEARING ON THE EU ECOLABEL
            The optional label with text box may contain the following text:

                        (a)

                        ‘Less hazardous substances ending up in the environment’;

                        (b)

                        ‘Verified performance’;

                        (c)

                        ‘X % of certified renewable ingredients used’ (where relevant) (8),

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

               Assessment and verification

            The applicant shall provide a sample of the label. If statement c) is used, the applicant shall provide the relevant certificate(s) related to the percentage of certified renewable ingredient(s) used.

               (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)  http://ec.europa.eu/environment/ecolabel/

               (3)  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).

               (4)  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).

               (5)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

               (6)  Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (OJ L 331, 15.12.2001, p. 1).

               (*1)  M-factors for highly toxic components of mixtures shall be applied in accordance with Article 10 of Regulation (EC) No 1272/2008 as described in Section 4.1.3.5.5.5 of Annex I to that Regulation.

               (7)  Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).

               (8)  If certified renewable ingredients are used, regardless of the type of biomass (e.g. rapeseed, sunflower, palm, soy, etc.), total content of certified ingredients can be indicated.


title: Council Decision (EU) 2018/1907 of 20 December 2018 on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership

text:
                  27.12.2018

                  EN

                  Official Journal of the European Union

                  L 330/1

         COUNCIL DECISION (EU) 2018/1907
         of 20 December 2018
         on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with point (a)(v) of the second subparagraph of Article 218(6) and Article 218(7) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the consent of the European Parliament (1),
         Whereas:

                     (1)

                     In accordance with Council Decision (EU) 2018/966 (2), the Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) was signed on 17 July 2018.

                     (2)

                     In order to ensure an efficient operation of the wine export facilitation system provided for in the Agreement, the Commission should be authorised to temporarily suspend, on behalf of the Union and as provided for in paragraph 3 of Article 2.29 of the Agreement, the acceptance of self-certification of wine products as set out in Article 2.28 of the Agreement. The Commission should also be authorised to terminate that temporary suspension on behalf of the Union and as provided for in paragraph 4 of Article 2.29 of the Agreement.

                     (3)

                     In accordance with Article 218(7) of the Treaty, it is appropriate for the Council to authorise the Commission to approve, on behalf of the Union, certain modifications to the Agreement. The Commission should therefore be authorised to approve modifications pursuant to Article 10.14 of the Agreement as regards Part 2 of Annex 10 to the Agreement after consultation with the special committee appointed by the Council in accordance with Article 207(3) of the Treaty. That authorisation should not apply to modifications to commitments under paragraph 4 (‘Procurement of railway-related goods and services’) and paragraph 5 (‘Services’) of Section A of Part 2 of Annex 10 to the Agreement. The Commission should also be authorised to approve modifications of Annex 14-A and Annex 14-B to the Agreement.

                     (4)

                     In accordance with Article 23.5 of the Agreement, nothing in the Agreement is to be construed as conferring rights or imposing obligations on persons, without prejudice to the rights and obligations of persons under other public international law. It is therefore not possible to invoke the Agreement directly before the courts of the Union or of the Member States.

                     (5)

                     The Agreement should be approved,

               HAS ADOPTED THIS DECISION:

            Article 1
            The Agreement between the European Union and Japan for an Economic Partnership is hereby approved.
            The text of the Agreement is attached to this Decision.

            Article 2

               1.   The decision of the Union to temporarily suspend, in accordance with paragraph 3 of Article 2.29 of the Agreement, the acceptance of self-certification of wine products as set out in Article 2.28 of the Agreement shall be taken by the Commission.

               2.   The decision of the Union to terminate, in accordance with paragraph 4 of Article 2.29 of the Agreement, the temporary suspension referred to in paragraph 1 of this Article shall be taken by the Commission.

            Article 3
            For the purposes of Article 10.14 of the Agreement, the position of the Union on the modifications or rectifications to commitments under Part 2 of Annex 10 to the Agreement shall be taken by the Commission after consultation with the special committee appointed by the Council in accordance with Article 207(3) of the Treaty. This provision does not apply to modifications to commitments under paragraph 4 (‘Procurement of railway-related goods and services’) and paragraph 5 (‘Services’) of Section A of Part 2 of Annex 10 to the Agreement.

            Article 4
            Modifications of Annex 14-A and Annex 14-B to the Agreement through decisions of the Joint Committee established by the Agreement, following recommendations of the Committee on Intellectual Property established by the Agreement, shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach an agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (3).

            Article 5
            The President of the Council shall, on behalf of the Union, give the notification provided for in Article 23.3 of the Agreement. (4)

            Article 6
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 20 December 2018.

                  For the Council

                  The President

               E. KÖSTINGER

            (1)  Consent of 12 December 2018 (not yet published in the Official Journal).

            (2)  Council Decision (EU) 2018/966 of 6 July 2018 on the signing, on behalf of the European Union, of the Agreement between the European Union and Japan for an Economic Partnership (OJ L 174, 10.7.2018, p. 1).

            (3)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

            (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision (CFSP) 2019/346 of 28 February 2019 appointing the European Union Special Representative for Human Rights

text:
                  1.3.2019

                  EN

                  Official Journal of the European Union

                  L 62/12

         COUNCIL DECISION (CFSP) 2019/346
         of 28 February 2019
         appointing the European Union Special Representative for Human Rights
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 25 July 2012, the Council adopted Decision 2012/440/CFSP (1) appointing Mr Stavros LAMBRINIDIS as the European Union Special Representative (EUSR) for Human Rights. The EUSR's mandate is to expire on 28 February 2019.

                     (2)

                     A new EUSR for Human Rights should be appointed for a period of 24 months,

               HAS ADOPTED THIS DECISION:

            Article 1
            European Union Special Representative
            Mr Eamon GILMORE is hereby appointed as the European Union Special Representative (EUSR) for Human Rights until 28 February 2021. The Council may decide that the EUSR's mandate be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).

            Article 2
            Policy objectives
            The EUSR's mandate shall be based on the policy objectives of the Union regarding human rights as set out in the Treaty on European Union, the Charter of Fundamental Rights of the European Union as well as the EU Strategic Framework on Human Rights and Democracy and the EU Action Plan on Human Rights and Democracy:

                        (a)

                        enhancing the Union's effectiveness, presence and visibility in protecting and promoting human rights in the world and bringing forward a positive narrative on human rights, in particular by deepening Union cooperation and political dialogue with third countries, relevant partners, business, civil society and international and regional organisations, and through action in relevant international fora;

                        (b)

                        enhancing the Union's contribution to strengthening democracy and institution building, the rule of law, good governance, respect for human rights and fundamental freedoms worldwide;

                        (c)

                        improving the coherence of Union action on human rights and the integration of human rights in all areas of the Union's external action.

            Article 3
            Mandate
            In order to achieve the policy objectives, the EUSR's mandate shall be to:

                        (a)

                        contribute to the implementation of the Union's policy on human rights, in particular the EU Strategic Framework on Human Rights and Democracy and the EU Action Plan on Human Rights and Democracy, as well as the implementation of Union Guidelines, toolkits and action plans on human rights, including by formulating recommendations in this regard;

                        (b)

                        contribute to the implementation of the Union's positions, as defined by the Council, on promoting compliance with international humanitarian law;

                        (c)

                        contribute to the implementation of the Union's positions, as defined by the Council, on promoting support for international criminal justice, in particular Council Decision 2011/168/CFSP (2) on the International Criminal Court;

                        (d)

                        help establish a stronger European voice through dialogues on human rights with governments in third countries and international and regional organisations, as well as with civil society organisations and other relevant actors in order to ensure the effectiveness and the visibility of the Union's human rights policy; lead important human rights dialogues with third countries;

                        (e)

                        contribute to better coherence and consistency of the Union's policies and actions in the areas of protection and promotion of human rights, in particular by providing input to the formulation of relevant policies of the Union;

                        (f)

                        contribute, in consultation with Member States, to the better coherence and consistency of the Union's positions referred to in points (b) and (c).

            Article 4
            Implementation of the mandate

               1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.

               2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.

               3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments in order to ensure coherence and consistency in their respective work in the area of human rights.

            Article 5
            Financing

               1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2019 to 28 February 2021 shall be EUR 2 100 270,50.

               2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.

               3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

            Article 6
            Constitution and composition of the team

               1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.

               2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.

               3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, respectively, and shall carry out their duties and act in the interest of the EUSR's mandate.

               4.   The EUSR's staff shall be co-located within the relevant EEAS departments or Union delegations in order to ensure coherence and consistency of their respective activities.

            Article 7
            Security of EU classified information
            The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).

            Article 8
            Access to information and logistical support

               1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

               2.   The Union delegations and the diplomatic representations of Member States, as appropriate, shall provide logistical support to the EUSR.

            Article 9
            Security
            In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and on the basis of the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

                        (a)

                        establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents and providing for a contingency and evacuation plan;

                        (b)

                        ensuring that all personnel deployed outside the Union are covered by high-risk insurance, as required by the conditions in the area of responsibility;

                        (c)

                        ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

                        (d)

                        ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress reports and the report on the implementation of the mandate.

            Article 10
            Reporting
            The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties, in particular the Working Party on Human Rights, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.

            Article 11
            Coordination

               1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Member States and the Commission, as well as other EUSRs, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations.

               2.   In the field, close liaison shall be maintained with the relevant Member States' Heads of Mission, the Heads of the Union delegations, as well as with Heads or Commanders of Common Security and Defence Policy missions and operations and other EUSRs, as appropriate. They shall make every effort to assist the EUSR in the implementation of the mandate.

               3.   The EUSR shall also liaise and seek complementarity and synergies with other international and regional actors at Headquarters level and in the field. The EUSR shall seek regular contacts with civil society organisations both at Headquarters level and in the field.

            Article 12
            Review
            The implementation of this Decision and its consistency with other contributions from the Union shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with regular progress reports and a comprehensive mandate implementation report by 30 November 2020.

            Article 13
            Entry into force
            This Decision shall enter into force on the date of its adoption.
            It shall apply from 1 March 2019.

            Done at Brussels, 28 February 2019.

                  For the Council

                  The President

               G. CIAMBA

            (1)  Council Decision 2012/440/CFSP of 25 July 2012 appointing the European Union Special Representative for Human Rights (OJ L 200, 27.7.2012, p. 21).

            (2)  Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, p. 56).

            (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: Decision of the General Court of 27 February 2019 on judicial vacations

text:
                  18.3.2019

                  EN

                  Official Journal of the European Union

                  C 103/5

         DECISION OF THE GENERAL COURT
         of 27 February 2019
         on judicial vacations
         (2019/C 103/05)
         THE GENERAL COURT
         Having regard to Article 41(2) of the Rules of Procedure,
         HAS ADOPTED THIS DECISION:

            Article 1
            For the judicial year beginning on 1 September 2019, the dates of the judicial vacations within the meaning of Article 41(2) and (6) of the Rules of Procedure are as follows:

                        —

                        Christmas 2019: from Monday 23 December 2019 to Sunday 12 January 2020 inclusive,

                        —

                        Easter 2020: from Monday 6 April 2020 to Sunday 19 April 2020 inclusive,

                        —

                        Summer 2020: from Thursday 16 July 2020 to Monday 31 August 2020 inclusive.

            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

            Luxembourg, 27 February 2019.

                  Registrar

               E. COULON

                  President

               M. JAEGER