title: 2009/567/EC: Commission Decision of 9 July 2009 establishing the ecological criteria for the award of the Community Ecolabel for textile products (notified under document number C(2009) 4595) (Text with EEA relevance)

text:
               29.7.2009

               EN

               Official Journal of the European Union

               L 197/70

      COMMISSION DECISION

   of 9 July 2009
   establishing the ecological criteria for the award of the Community Ecolabel for textile products
   (notified under document number C(2009) 4595)
   (Text with EEA relevance)
   (2009/567/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community ecolabel award scheme (1), and in particular the second subparagraph of Article 6(1) thereof,
   After consulting the European Union Ecolabelling Board,
   Whereas:

               (1)

               Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.

               (2)

               Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.

               (3)

               It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.

               (4)

               Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 1999/178/EC of 17 February 1999 establishing the ecological criteria for the award of the Community eco-label to textile products (2) as amended by Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community Ecolabel for textile products (3). Those ecological criteria and the related assessment and verification requirements are valid until 31 December 2009 at the latest.

               (5)

               In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.

               (6)

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

               (7)

               Decision 1999/178/EC should therefore be replaced.

               (8)

               A transitional period should be allowed for producers whose products have been awarded the Ecolabel for textile products based on the criteria contained in Decision 1999/178/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 1999/178/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.

               (9)

               Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,

         HAS ADOPTED THIS DECISION:
   Article 1
   The product group ‘textile products’ shall comprise:

               (a)

               textile clothing and accessories: clothing and accessories (such as handkerchiefs, scarves, bags, shopping bags, rucksacks, belts etc.) consisting of at least 90 % by weight of textile fibres;

               (b)

               interior textiles: textile products for interior use consisting of at least 90 % by weight of textile fibres. Mats and rugs are included. Wall to wall floor coverings and wall coverings are excluded;

               (c)

               fibres, yarn and fabric (including durable non-woven) intended for use in textile clothing and accessories or interior textiles.

         This product group will not include textiles treated with biocidal products, except where those biocidal products are included in Annex IA to Directive 98/8/EC of the European Parliament and of the Council (4), where this substance confers to the textiles additional properties directly aiming at protecting human health (e.g. biocidal products added to textile nets and clothing to repel mosquitoes and fleas, mites or allergens) and where the active substance is authorised for the use in question according to Annex V to Directive 98/8/EC.
   For ‘textile clothing and accessories’ and for ‘interior textiles’: down, feathers, membranes and coatings need not be taken into account in the calculation of the percentage of textile fibres.
   Article 2
   In order to be awarded the Community Ecolabel for products falling within the product group textile products under Regulation (EC) No 1980/2000, a textile product shall comply with the criteria set out in the Annex to this Decision.
   Article 3
   The ecological criteria for the product group ‘textile products’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.
   Article 4
   For administrative purposes the code number assigned to the product group ‘textile products’ shall be ‘016’.
   Article 5
   Decision 1999/178/EC is repealed.
   Article 6
   1.   Applications for Ecolabel for products falling within the product group textile products submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 1999/178/EC.
   2.   Applications for Ecolabel for products falling within the product group textile products submitted from the date of adoption of this Decision but by 31 December 2009 at the latest may be based either on the criteria set out in Decision 1999/178/EC 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 Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 1999/178/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.
   Article 7
   This Decision is addressed to the Member States.

      Done at Brussels, 9 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 237, 21.9.2000, p. 1.

      (2)  OJ L 57, 5.3.1999, p. 21.

      (3)  OJ L 133, 18.5.2002, p. 29.

      (4)  OJ L 123, 4.4.1998, p. 1.

      ANNEX

         FRAMEWORK

         The aims of the criteria

      These criteria aim in particular at promoting the reduction of water pollution related to the key processes throughout the textile manufacturing chain, including fibre production, spinning, weaving, knitting, bleaching, dyeing and finishing.
      The criteria are set at levels that promote the labelling of textile products which have a lower environmental impact.

         Assessment and verification requirements

      The specific assessment and verification requirements are indicated within each criterion.
      Where the applicant is required to provide declarations, documentation, analyses, test reports or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., as appropriate.
      Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the Competent Body assessing the application.
      The functional unit, to which inputs and outputs should be related, is 1 kg of textile product at normal conditions (65 % RH ± 4 % and 20 °C ± 2 °C; these norm conditions are specified in ISO 139 Textiles — standard atmospheres for conditioning and testing).
      Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.
      The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).

         ECOLOGICAL CRITERIA

      The criteria are divided into three main categories concerning textile fibres, processes and chemicals, and fitness for use.
      TEXTILE FIBRE CRITERIA
      Fibre-specific criteria are set in this section for acrylic, cotton and other natural cellulosic seed fibres, elastane, flax and other bast fibres, greasy wool and other keratin fibres, man-made cellulose fibres, polyamide, polyester and polypropylene.
      Other fibres for which no fibre specific criteria are set are also allowed, with the exception of mineral fibres, glass fibres, metal fibres, carbon fibres and other inorganic fibres.
      The criteria set in this section for a given fibre-type need not be met if that fibre contributes to less than 5 % of the total weight of the textile fibres in the product. Similarly they need not be met if the fibres are of recycled origin. In this context, recycled fibres are defined as fibres originating only from cuttings from textile and clothing manufacturers or from post-consumer waste (textile or otherwise). Nevertheless, at least 85 % by weight of all fibres in the product must be either in compliance with the corresponding fibre-specific criteria, if any, or of recycled origin.

         Assessment and verification: The applicant shall supply detailed information as to the composition of the textile product.
      1.   Acrylic

                  1.1.

                  The residual acrylonitrile content in raw fibres leaving the fibre production plant shall be less than 1,5 mg/kg.

                     Assessment and verification: The applicant shall provide a test report, using the following test method: extraction with boiling water and quantification by capillary gas-liquid chromatography.

                  1.2.

                  The emissions to air of acrylonitrile (during polymerisation and up to the solution ready for spinning), expressed as an annual average, shall be less than 1 g/kg of fibre produced.

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

            2.   Cotton and other natural cellulosic seed fibres (including kapok)

      Cotton and other natural cellulosic seed fibres (hereinafter referred to as cotton) shall not contain more than 0,05 ppm (sensibility of the test method permitting) of each of the following substances: aldrin, captafol, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, hexachlorocyclohexane (total isomers), 2.4,5-T, chlordimeform, chlorobenzilate, dinoseb and its salts, monocrotophos, pentachlorophenol, toxaphene, methamidophos, methylparathion, parathion, phosphamidon. The test should be made on raw cotton, before it comes through any wet treatment, for each lot of cotton or two times a year if more than two lots of cotton per year are received.
      This requirement does not apply where more than 50 % of the cotton content is organically grown cotton or transitional cotton, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Council Regulation (EC) No 834/2007 (1).
      This requirement does not apply if documentary evidence can be presented that establishes the identity of the farmers producing at least 75 % of the cotton used in the final product, together with a declaration from these farmers that the substances listed above have not been applied to the fields or cotton plants producing the cotton in question, or to the cotton itself.
      Where at least 95 % of the cotton in one product is organic, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Regulation (EC) No 834/2007 the applicant may place the mention ‘organic cotton’ next to the Ecolabel. Where between 70 % and 95 % of the cotton in one product is organic, it may be labelled ‘made with xy % organic cotton’.

         Assessment and verification: The applicant shall either provide proof of organic certification or documentation relating to the non-use by the farmers or a test report, using the following test methods: as appropriate, US EPA 8081 A (organo-chlorine pesticides, with ultrasonic or Soxhlet extraction and apolar solvents (iso-octane or hexane)), 8151 A (chlorinated herbicides, using methanol), 8141 A (organophosphorus compounds), or 8270 C (semi-volatile organic compounds).
      A minimum of 3 % of organic cotton, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Regulation (EC) No 834/2007 have to be used on an annual basis.
      The applicant shall provide:

                  —

                  information about the certification body,

                  —

                  a declaration stating the proportion of organic certified cotton used in the total production of Ecolabelled textiles on a yearly basis.

            The competent body may request the submission of further documentation to enable it to assess whether the requirements of the standard and certification system have been fulfilled.
      3.   Elastane

                  3.1.

                  Organotin compounds shall not be used.

                     Assessment and verification: The applicant shall provide a declaration of non-use.

                  3.2.

                  The emissions to air of aromatic diisocyanates during polymerisation and fibre production, measured at the process steps where they occur, including fugitive emissions as well expressed as an annual average, shall be less than 5 mg/kg of fibre produced.

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

            4.   Flax and other bast fibres (including hemp, jute, and ramie)

      Flax and other bast fibres shall not be obtained by water retting, unless the waste water from the water retting is treated so as to reduce the COD or TOC by at least 75 % for hemp fibres and by at least 95 % for flax and the other bast fibres.

         Assessment and verification: If water retting is used, the applicant shall provide a test report, using the following test method: ISO 6060 (COD).
      5.   Greasy wool and other keratin fibres (including wool from sheep, camel, alpaca, goat)

                  5.1.

                  The sum total content of the following substances shall not exceed 0,5 ppm: γ-hexachlorocyclohexane (lindane), α-hexachlorocyclohexane, β-hexachlorocyclohexane, δ-hexachlorocyclohexane, aldrin, dieldrin, endrin, p,p′-DDT, p,p′-DDD.

                  5.2.

                  The sum total content of the following substances shall not exceed 2 ppm: diazinon, propetamphos, chlorfenvinphos, dichlofenthion, chlorpyriphos, fenchlorphosq, ethion, pirimphos-methyl.

                  5.3.

                  The sum total content of the following substances shall not exceed 0,5 ppm: cypermethrin, deltamethrin, fenvalerate, cyhalothrin, flumethrin.

                  5.4.

                  The sum total content of the following substances shall not exceed 2ppm: diflubenzuron, triflumuron, dicyclanil.

            The test should be made on raw wool, before it comes through any wet treatment, for each lot of wool or two times a year if more than two lots of wool per year are received.
      These requirements (as detailed in points 5.1, 5.2, 5.3 and 5.4) and taken separately) do not apply if documentary evidence can be presented that establishes the identity of the farmers producing at least 75 % of the wool or keratin fibres in question, together with a declaration from these farmers that the substances listed above have not been applied to the fields or animals concerned.

         Assessment and verification for points 5.1, 5.2, 5.3 and 5.4: The applicant shall either provide the documentation indicated above or provide a test report, using the following test method: IWTO Draft Test Method 59.

                  5.5.

                  For scouring effluent discharged to sewer, the COD discharged to sewer shall not exceed 60 g/kg greasy wool, and the effluent shall be treated off-site so as to achieve at least a further 75 % reduction of COD content, expressed as an annual average.

            For scouring effluent treated on-site and discharged to surface waters, the COD discharged to surface waters shall not exceed 45 g/kg greasy wool. The pH of the effluent discharged to surface waters shall be between 6 and 9 (unless the pH of the receiving waters is outside this range), and the temperature shall be below 40 °C (unless the temperature of the receiving water is above this value). The wool scouring plant shall describe, in detail, their treatment of the scouring effluent and continuously monitor the COD-levels.

         Assessment and verification: The applicant shall provide relevant data and test reports related to this criterion, using the following test method: ISO 6060.
      6.   Man-made cellulose fibres (including viscose, lyocell, acetate, cupro, triacetate)

                  6.1.

                  The level of AOX in the fibres shall not exceed 250 ppm.

                     Assessment and verification: The applicant shall provide a test report, using the following test method: ISO 11480.97 (controlled combustion and microcoulometry).

                  6.2.

                  For viscose fibres, the sulphur content of the emissions of sulphur compounds to air from the processing during fibre production, expressed as an annual average, shall not exceed 120 g/kg filament fibre produced and 30 g/kg staple fibre produced. Where both types of fibre are produced on a given site, the overall emissions must not exceed the corresponding weighted average.

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

                  6.3.

                  For viscose fibres, the emission to water of zinc from the production site, expressed as an annual average, shall not exceed 0,3 g/kg.

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

                  6.4.

                  For cupro fibres, the copper content of the effluent water leaving the site, expressed as an annual average, shall not exceed 0,1 ppm.

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

            7.   Polyamide

      The emissions to air of N2O during monomer production, expressed as an annual average, shall not exceed 10 g/kg polyamide 6 fibre produced and 50 g/kg polyamide 6,6 produced.

         Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
      8.   Polyester

                  8.1.

                  The amount of antimony in the polyester fibres shall not exceed 260 ppm. Where no antimony is used, the applicant may state ‘antimony free’ (or equivalent text) next to the Ecolabel.

                     Assessment and verification: The applicant shall either provide a declaration of non-use or a test report using the following test method: direct determination by Atomic Absorption Spectrometry. The test shall be carried out on the raw fibre prior to any wet processing.

                  8.2.

                  The emissions of VOCs during polymerisation and fibre production of polyester, measured at the process steps where they occur, including fugitive emissions as well, expressed as an annual average, shall not exceed 1,2 g/kg of produced polyester resin. (VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).

                     Assessment and verification: The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.

            9.   Polypropylene

      Lead-based pigments shall not be used.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      PROCESSES AND CHEMICALS CRITERIA
      The criteria in this section apply, where appropriate, to all stages of production of the product, including the production of the fibres. It is nevertheless accepted that recycled fibres may contain some of the dyes or other substances excluded by these criteria, but only if they were applied in the previous life-cycle of the fibres.
      10.   Auxiliaries and finishing agents for fibres and yarns

                  10.1.

                  Size: At least 95 % (by dry weight) of the component substances of any sizeing preparation applied to yarns shall be sufficiently biodegradable, or else shall be recycled.
                  The sum of each component is taken into account.

                     Assessment and verification: In this context, a substance is considered as ‘sufficiently biodegradable’:

                              —

                              if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,

                              —

                              or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,

                              —

                              or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,

                              —

                              or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.

            The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all sizeing preparations used.

                  10.2.

                  Spinning solution additives, spinning additives and preparation agents for primary spinning (including carding oils, spin finishes and lubricants): At least 90 % (by dry weight) of the component substances shall be sufficiently biodegradable or eliminable in waste water treatment plants.

            This requirement does not apply to preparation agents for secondary spinning (spinning lubricants, conditioning agents), coning oils, warping and twisting oils, waxes, knitting oils, silicone oils and inorganic substances. The sum of each component is taken into account.

         Assessment and verification: In this context, a substance is considered as ‘sufficiently biodegradable or eliminable in waste water treatment plants’:

                  —

                  if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,

                  —

                  or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,

                  —

                  or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,

                  —

                  or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation or elimination is presented.

            The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all such additives or preparation agents used.

                  10.3.

                  The content of polycyclic aromatic hydrocarbons (PAH) in the mineral oil proportion of a product shall be less than 3 % by weight.

                     Assessment and verification: The applicant shall provide appropriate documentation, safety date sheets, product information sheets or declarations, indicating either the content of polycyclic aromatic hydrocarbons or the non-use of products containing mineral oils.

            11.   Biocidal or biostatic products

      Chlorophenols (their salts and esters), PCB and organotin compounds shall not be used during transportation or storage of products and semi-manufactured products.

         Assessment and verification: The applicant shall provide a declaration of non-use of these substances or compounds on the yarn, fabric and final product. Should this declaration be subject to verification the following test method and threshold shall be used: extraction as appropriate, derivatisation with acetic anhydride, determination by capillary gas-liquid chromatography with electron capture detection, limit value 0,05 ppm.
      12.   Stripping or depigmentation

      Heavy metal salts (except of iron) or formaldehyde shall not be used for stripping or depigmentation.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      13.   Weighting

      Compounds of cerium shall not be used in the weighting of yarn or fabrics.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      14.   All chemicals and chemical preparations

      Alkylphenolethoxylates (APEOs), linear alkylbenzene sulfonates (LAS), bis(hydrogenated tallow alkyl) dimethyl ammonium chloride (DTDMAC), distearyl dimethyl ammonium chloride (DSDMAC), di(hardened tallow) dimethyl ammonium chloride (DHTDMAC), ethylene diamine tetra acetate (EDTA), and diethylene triamine penta acetate (DTPA) shall not be used and shall not be part of any preparations or formulations used.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      15.   Detergents, fabric softeners and complexing agents

      At each wet-processing site, at least 95 % by weight of fabric softeners, complexing agents and detergents by weight shall be sufficiently degradable or eliminable in wastewater treatment plants.
      This is with the exception of surfactants in detergents and fabric softeners at each wet processing site, which shall be ultimately aerobically biodegradable.

         Assessment and verification:‘Sufficiently biodegradable or eliminable’ is as defined above in the criterion related to auxiliaries and finishing agents for fibres and yarns. The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all detergents, fabric softeners and complexing agents used.
      ‘Ultimate aerobic biodegradation’ has to be interpreted as laid down in Annex III to Regulation (EC) No 648/2004 of the European Parliament and of the Council (2). The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all surfactants in detergents and fabric softeners used.
      16.   Bleaching agents: Chlorine agents are excluded for bleaching yarns, fabrics and end products

      This requirement does not apply to the production of man-made cellulose fibres. (See criterion 6,1).

         Assessment and verification: The applicant shall provide a declaration of non-use of chlorinated bleaching agents.
      17.   Impurities in dyes: Colour matter with fibre affinity (soluble or insoluble)

      The levels of ionic impurities in the dyes used shall not exceed the following: Ag 100 ppm; As 50 ppm; Ba 100 ppm; Cd 20 ppm; Co 500 ppm; Cr 100 ppm; Cu 250 ppm; Fe 2 500 ppm; Hg 4 ppm; Mn 1 000 ppm; Ni 200 ppm; Pb 100 ppm; Se 20 ppm; Sb 50 ppm; Sn 250 ppm; Zn 1 500 ppm.
      Any metal that is included as an integral part of the dye molecule (e.g. metal complex dyes, certain reactive dyes, etc.) shall not be considered when assessing compliance with these values, which only relate to impurities.

         Assessment and verification: The applicant shall provide a declaration of compliance.
      18.   Impurities in pigments: Insoluble colour matter without fibre affinity

      The levels of ionic impurities for pigments used shall not exceed the following: As 50 ppm; Ba 100 ppm, Cd 50 ppm; Cr 100 ppm; Hg 25 ppm; Pb 100 ppm; Se 100 ppm Sb 250 ppm; Zn 1 000 ppm.

         Assessment and verification: The applicant shall provide a declaration of compliance.
      19.   Chrome mordant dyeing

      Chrome mordant dyeing is not allowed.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      20.   Metal complex dyes

      If metal complex dyes based on copper, chromium or nickel are used:

                  20.1.

                  In case of cellulose dyeing, where metal complex dyes are part of the dye recipe, less than 20 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).
                  In case of all other dyeing processes, where metal complex dyes are part of the dye recipe, less than 7 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).
                  The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.

                  20.2.

                  The emissions to water after treatment shall not exceed: Cu 75 mg/kg (fibre, yarn or fabric); Cr 50 mg/kg; Ni 75 mg/kg.

                     Assessment and verification: The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.

            21.   Azo dyes

      Azo dyes shall not be used that may cleave to any one of the following aromatic amines:

                  4-aminodiphenyl

                  (92-67-1)

                  Benzidine

                  (92-87-5)

                  4-chloro-o-toluidine

                  (95-69-2)

                  2-naphtylamine

                  (91-59-8)

                  o-amino-azotoluene

                  (97-56-3)

                  2-amino-4-nitrotoluene

                  (99-55-8)

                  p-chloroaniline

                  (106-47-8)

                  2,4-diaminoanisol

                  (615-05-4)

                  4,4′-diaminodiphenylmethane

                  (101-77-9)

                  3,3′-dichlorobenzidine

                  (91-94-1)

                  3,3′-dimethoxybenzidine

                  (119-90-4)

                  3,3′-dimethylbenzidine

                  (119-93-7)

                  3,3′-dimethyl-4,4′-diaminodiphenylmethane

                  (838-88-0)

                  p-cresidine

                  (120-71-8)

                  4,4′-oxydianiline

                  (101-80-4)

                  4,4′-thiodianiline

                  (139-65-1)

                  o-toluidine

                  (95-53-4)

                  2,4-diaminotoluene

                  (95-80-7)

                  2,4,5-trimethylaniline

                  (137-17-7)

                  4-aminoazobenzene

                  (60-09-3)

                  o-anisidine

                  (90-04-0)

                  2,4-Xylidine

                  2,6-Xylidine

         Assessment and verification: The applicant shall provide a declaration of non-use of these dyes. Should this declaration be subject to verification the following standard shall be used = EN 14 362-1 and 2. (Note: false positives may be possible with respect to the presence of 4-aminoazobenzene, and confirmation is therefore recommended).
      22.   Dyes that are carcinogenic, mutagenic or toxic to reproduction

                  22.1.

                  The following dyes shall not be used:

                              —

                              C.I. Basic Red 9,

                              —

                              C.I. Disperse Blue 1,

                              —

                              C.I. Acid Red 26,

                              —

                              C.I. Basic Violet 14,

                              —

                              C.I. Disperse Orange 11,

                              —

                              C. I. Direct Black 38,

                              —

                              C. I. Direct Blue 6,

                              —

                              C. I. Direct Red 28,

                              —

                              C. I. Disperse Yellow 3.

                     Assessment and verification: The applicant shall provide a declaration of non-use of such dyes.

                  22.2.

                  No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of substances that are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):

                              —

                              R40 (limited evidence of a carcinogenic effect),

                              —

                              R45 (may cause cancer),

                              —

                              R46 (may cause heritable genetic damage),

                              —

                              R49 (may cause cancer by inhalation),

                              —

                              R60 (may impair fertility),

                              —

                              R61 (may cause harm to the unborn child),

                              —

                              R62 (possible risk of impaired fertility),

                              —

                              R63 (possible risk of harm to the unborn child),

                              —

                              R68 (possible risk of irreversible effects),

                        as laid down in Council Directive 67/548/EEC (3).

         Alternatively, classification may be considered according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.

         Assessment and verification: The applicant shall provide a declaration of non-use of such dyes.
      23.   Potentially sensitising dyes

      The following dyes shall not be used:

                              —

                              C.I. Disperse Blue 3

                  C.I. 61 505

                              —

                              C.I. Disperse Blue 7

                  C.I. 62 500

                              —

                              C.I. Disperse Blue 26

                  C.I. 63 305

                              —

                              C.I. Disperse Blue 35

                              —

                              C.I. Disperse Blue 102

                              —

                              C.I. Disperse Blue 106

                              —

                              C.I. Disperse Blue 124

                              —

                              C.I. Disperse Brown 1

                              —

                              C.I. Disperse Orange 1

                  C.I. 11 080

                              —

                              C.I. Disperse Orange 3

                  C.I. 11 005

                              —

                              C.I. Disperse Orange 37

                              —

                              C.I. Disperse Orange 76
                              (previously designated Orange 37)

                              —

                              C.I. Disperse Red 1

                  C.I. 11 110

                              —

                              C.I. Disperse Red 11

                  C.I. 62 015

                              —

                              C.I. Disperse Red 17

                  C.I. 11 210

                              —

                              C.I. Disperse Yellow 1

                  C.I. 10 345

                              —

                              C.I. Disperse Yellow 9

                  C.I. 10 375

                              —

                              C.I. Disperse Yellow 39

                              —

                              C.I. Disperse Yellow 49

         Assessment and verification: The applicant shall provide a declaration of non-use of these dyes.
      24.   Halogenated carriers for polyester

      Halogenated carriers shall not be used.

         Assessment and verification: The applicant shall provide a declaration of non-use.
      25.   Printing

                  25.1.

                  Printing pastes used shall not contain more than 5 % volatile organic compounds such as white spirit (VOCs: any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).

                     Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.

                  25.2.

                  Plastisol-based printing is not allowed.

                     Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.

            26.   Formaldehyde

      The amount of free and partly hydrolysable formaldehyde in the final fabric shall not exceed 20 ppm in products for babies and young children under 3 years old, 30 ppm for products that come into direct contact with the skin, and 75 ppm for all other products.

         Assessment and verification: The applicant shall either provide a declaration that formaldehyde containing products have not been applied or provide a test report using the following test method: EN ISO 14184-1.
      27.   Waste water discharges from wet-processing

                  27.1.

                  Waste water from wet-processing sites (except greasy wool scouring sites and flax retting sites) shall, when discharged after treatment (whether on-site or off-site), have a COD content of less than 20 g/kg expressed as an annual average.

                     Assessment and verification: The applicant shall provide detailed documentation and test reports, using ISO 6060, showing compliance with this criterion, together with a declaration of compliance.

                  27.2.

                  If the effluent is treated on site and discharged directly to water, it shall also have a pH between 6 and 9 (unless the pH of the receiving water is outside this range) and a temperature of less than 40 °C (unless the temperature of the receiving water is above this value).

                     Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.

            28.   Flame retardants

      Only flame retardants that are chemically bound into the polymer fibre or onto the fibre surface (reactive flame retardants) may be used in the product. If the flame retardants used have any of the R-phrases listed below, these reactive flame retardants should, on application, change their chemical nature to no longer warrant classification under any of these R-phrases. (Less than 0,1 % of the flame retardant on the treated yarn or fabric may remain in the form as before application.)

                  —

                  R40 (limited evidence of a carcinogenic effect),

                  —

                  R45 (may cause cancer),

                  —

                  R46 (may cause heritable genetic damage),

                  —

                  R49 (may cause cancer by inhalation),

                  —

                  R50 (very toxic to aquatic organisms),

                  —

                  R51 (toxic to aquatic organisms),

                  —

                  R52 (harmful to aquatic organisms),

                  —

                  R53 (may cause long-term adverse effects in the aquatic environment),

                  —

                  R60 (may impair fertility),

                  —

                  R61 (may cause harm to the unborn child),

                  —

                  R62 (possible risk of impaired fertility),

                  —

                  R63 (possible risk of harm to the unborn child),

                  —

                  R68 (possible risk of irreversible effects),

            as laid down in Directive 67/548/EEC.
      Flame retardants which are only physically mixed into the polymer fibre or into a textile coating are excluded (additive flame retardants).
      Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.

         Assessment and verification: The applicant shall provide a declaration that additive flame retardants have not been used and indicate which reactive flame retardants, if any, have been used and provide documentation (such as safety data sheets) and/or declarations indicating that those flame retardants comply with this criterion.
      29.   Anti felting finishes

      Halogenated substances or preparations shall only be applied to wool slivers and loose scoured wool.

         Assessment and verification: The applicant shall provide a declaration of non-use (unless used for wool slivers and loose scoured wool).
      30.   Fabrics Finishes

      The word ‘finishes’ covers all physical or chemical treatments giving to the textile fabrics specific properties such as softness, waterproof, easy care.
      No use is allowed of finishing substances or of finishing preparations containing more than 0,1 % by weight of substances that are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):

                  —

                  R40 (limited evidence of a carcinogenic effect),

                  —

                  R45 (may cause cancer),

                  —

                  R46 (may cause heritable genetic damage),

                  —

                  R49 (may cause cancer by inhalation),

                  —

                  R50 (very toxic to aquatic organisms),

                  —

                  R51 (toxic to aquatic organisms),

                  —

                  R52 (harmful to aquatic organisms),

                  —

                  R53 (may cause long-term adverse effects in the aquatic environment),

                  —

                  R60 (may impair fertility),

                  —

                  R61 (may cause harm to the unborn child),

                  —

                  R62 (possible risk of impaired fertility),

                  —

                  R63 (possible risk of harm to the unborn child),

                  —

                  R68 (possible risk of irreversible effects),

            as laid down in Directive 67/548/EEC.
      Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.

         Assessment and verification: The applicant shall either provide a declaration that finishes have not been used, or indicate which finishes have been used and provide documentation (such as safety data sheets) and/or declarations indicating that those finishes comply with this criterion.
      31.   Fillings

                  31.1.

                  Filling materials consisting of textile fibres shall comply with the textile fibre criteria (1–9) where appropriate.

                  31.2.

                  Filling materials shall comply with criterion 11 on ‘Biocidal or biostatic products’ and the criterion 26 on ‘Formaldehyde’.

                  31.3.

                  Detergents and other chemicals used for the washing of fillings (down, feathers, natural or synthetic fibres) shall comply with criterion 14 on ‘Auxiliary chemicals’ and criterion 15 on ‘Detergents, fabric softeners and complexing agents’.

                     Assessment and verification: As indicated in the corresponding criteria.

            32.   Coatings, laminates and membranes

                  32.1.

                  Products made of polyurethane shall comply with the criterion set out in point 3.1 regarding organic tin and the criterion set out in point 3.2 regarding the emission to air of aromatic diisocyanates.

                     Assessment and verification: As indicated in the corresponding criteria.

                  32.2.

                  Products made of polyester shall comply with the criterion set out in point 8.1 regarding the amount of antimony and the criterion set out in point 8.2 regarding the emission of VOCs during polymerisation.

                     Assessment and verification: As indicated in the corresponding criteria.

                  32.3.

                  Coatings, laminates and membranes shall not be produced using plasticisers or solvents, which are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):

                              —

                              R40 (limited evidence of a carcinogenic effect),

                              —

                              R45 (may cause cancer),

                              —

                              R46 (may cause heritable genetic damage),

                              —

                              R49 (may cause cancer by inhalation),

                              —

                              R50 (very toxic to aquatic organisms),

                              —

                              R51 (toxic to aquatic organisms),

                              —

                              R52 (harmful to aquatic organisms),

                              —

                              R53 (may cause long-term adverse effects in the aquatic environment),

                              —

                              R60 (may impair fertility),

                              —

                              R61 (may cause harm to the unborn child),

                              —

                              R62 (possible risk of impaired fertility),

                              —

                              R63 (possible risk of harm to the unborn child),

                              —

                              R68 (possible risk of irreversible effects),

                        as laid down in Directive 67/548/EEC.

            Alternatively, classification may be considered according to 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 (5). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.

         Assessment and verification: The applicant shall provide a declaration of non-use of such plasticizers or solvents.

                  32.4.

                  the VOC emissions to air shall not exceed 10 g C/kg.

                     Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.

            33.   Energy and water use

      The applicant shall provide data on water and energy use for the manufacturing sites involved in wet processing.

         Assessment and verification: The applicant is requested to provide the abovementioned information.
      FITNESS FOR USE CRITERIA
      The following criteria apply either to the dyed yarn, the final fabric(s), or the final product, with tests carried out as appropriate.
      34.   Dimensional changes during washing and drying

      The dimensional changes after washing and drying shall not exceed:

                  —

                  plus or minus 2 % for curtains and for furniture fabric that is washable and removable,

                  —

                  more than minus 8 % or plus 4 % for other woven products and durable non-woven, other knitted products or for terry towelling.

            This criterion does not apply to:

                  —

                  fibres or yarn,

                  —

                  products clearly labelled ‘dry clean only’ or equivalent (insofar as it is normal practice for such products to be so labelled),

                  —

                  furniture fabrics that are not removable and washable.

         Assessment and verification: The applicant shall provide test reports using the following standards EN ISO 63 30, ISO 5077 as follows: 3 washes at temperatures as indicated on the product, with tumble drying after each washing cycle unless other drying procedures are indicated on the product,
      35.   Colour fastness to washing

      The colour fastness to washing shall be at least level 3-4 for colour change and at least level 3-4 for staining.
      This criterion does not apply to products clearly labelled ‘dry clean only’ or equivalent (insofar as it is normal practice for such products to be so labelled), to white products or products that are neither dyed nor printed, or to non-washable furniture fabrics.

         Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 C06 (single wash, at temperature as marked on the product, with perborate powder).
      36.   Colour fastness to perspiration (acid, alkaline)

      The colour fastness to perspiration (acid and alkaline) shall be at least level 3-4 (colour change and staining).
      A level of 3 is nevertheless allowed when fabrics are both dark coloured (standard depth > 1/1) and made of regenerated wool or more than 20 % silk.
      This criterion does not apply to white products, to products that are neither dyed nor printed, to furniture fabrics, curtains or similar textiles intended for interior decoration.

         Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 E04 (acid and alkaline, comparison with multi-fibre fabric).
      37.   Colour fastness to wet rubbing

      The colour fastness to wet rubbing shall be at least level 2-3. A level of 2 is nevertheless allowed for indigo dyed denim.
      This criterion does not apply to white products or products that are neither dyed nor printed.

         Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 X12.
      38.   Colour fastness to dry rubbing

      The colour fastness to dry rubbing shall be at least level 4.
      A level of 3-4 is nevertheless allowed for indigo dyed denim.
      This criterion does not apply to white products or products that are neither dyed nor printed, or to curtains or similar textiles intended for interior decoration.

         Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 X12.
      39.   Colour fastness to light

      For fabrics intended for furniture, curtains or drapes, the colour fastness to light shall be at least level 5. For all other products the colour fastness to light shall be at least level 4.
      A level of 4 is nevertheless allowed when fabrics intended for furniture, curtains or drapes are both light coloured (standard depth < 1/12) and made of more than 20 % wool or other keratin fibres, or more than 20 % silk, or more than 20 % linen or other bast fibres.
      This requirement does not apply to mattress ticking, mattress protection or underwear.

         Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 B02.
      40.   Information appearing on the Ecolabel

      Box 2 of the Ecolabel shall contain the following text:

                  —

                  encouraging the use of sustainable fibres,

                  —

                  durable and high quality,

                  —

                  hazardous substances restricted.

         Assessment and verification: The applicant shall provide a sample of the product packaging showing the label, together with a declaration of compliance with this criterion.

         (1)  OJ L 189, 20.7.2007, p. 1.

         (2)  OJ L 104, 8.4.2004, p. 1.

         (3)  OJ 196, 16.8.1967, p. 1.

         (4)  OJ L 353, 31.12.2008, p. 1.

         (5)  OJ L 353, 31.12.2008, p. 1.


Avis juridique important

|

31981D0498

81/498/Euratom, EEC: Council Decision of 6 July 1981 appointing two members of the Economic and Social Committee

Official Journal L 193 , 16/07/1981 P. 0033

****  COUNCIL DECISION   OF 6 JULY 1981   APPOINTING TWO MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE  ( 81/498/EURATOM , EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 193 TO 195 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 165 TO 167 THEREOF ,   HAVING REGARD TO THE CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 19 SEPTEMBER 1978 APPOINTING THE MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE FOR THE PERIOD ENDING ON 18 SEPTEMBER 1982 ,   WHEREAS TWO MEMBERS '  SEATS ON THE ECONOMIC AND SOCIAL COMMITTEE HAVE BECOME VACANT FOLLOWING THE RESIGNATION OF MR GORMLEY AND MR WALSH WHICH WAS NOTIFIED TO THE COUNCIL ON 17 NOVEMBER 1980 ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 1 JUNE 1981 ,   HAVING OBTAINED THE OPINION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR J . R . BODDY AND MR T . JENKINS ARE HEREBY APPOINTED MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE IN PLACE OF MR GORMLEY AND MR WALSH FOR THE REMAINDER OF THEIR TERMS OF OFFICE , WHICH RUN UNTIL 18 SEPTEMBER 1982 .   DONE AT BRUSSELS , 6 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . HOWE


Avis juridique important

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31988D0079

88/79/ECSC/EEC/Euratom: Decision of the European Parliament of 19 January 1988 granting a discharge to the Commission in respect of the implementation of the budget of the European Communities for the 1985 financial year concerning Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice, V - Court of Auditors

Official Journal L 040 , 13/02/1988 P. 0034 - 0037

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 19 January 1988  granting a discharge to the Commission in respect of the implementation of the budget of the European Communities for the 1985 financial year concerning Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice, V - Court of Auditors  (88/79/ECSC/EEC/Euratom)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the ECSC, and in particular Article 78g thereof,  - having regard to the Treaty establishing the EEC, and in particular Article 206b thereof,  - having regard to the Treaty establishing the EAEC, and in particular Article 180b thereof,  - having regard to the budget for the 1985 financial year,  - having regard to the revenue and expenditure account and the balance sheet relating to the 1985 financial year (1),  - having regard to the report of the Court of Auditors concerning the 1985 financial year and the replies of the institutions (2),  - having regard to the recommendation of the Council (Doc. C 2-11/87),  - having regard to its resolution of 7 April 1987 (3) on the basis of the interim report of the Committee on Budgetary Control (OJ No C 125, 11. 5. 1987) and the working documents annexed to that report, together with the opinions of the Committee on Energy, Research and Technology, the Committee on External Economic Relations, the Committee on Social Affairs and Employment, the Committee on Transport, the Committee on the Environment, Public Health and Consumer Protection and the Committee on Women's Rights (Doc A 2-7/87),  1. Grants discharge to the Commission in the respect of the implementation of the 1985 budget on the basis of the following amounts:  (a) Revenue and expenditure for 1985  1.2 // 1. Revenue   // (ECU)  // Revenue for 1985   // 28 085 103 908,80   // Carryovers from 1984 which have lapsed   // 127 331 029,93   // Appropriations from carryovers from 1984   // 1 000 000,00  // Total  // 28 213 434 938,73   // . Expenditure  //   // Expenditure for 1985   // 28 222 659 290,62  // Exchange losses   // 14 714 491,47  // Total  // 28 237 373 782,09   // 3. Balance for the year (1 - 2) (Deficit)   //  23 (3) OJ No C 125, 11. 5. 1987, p. 45.  (b) Balance sheet at 31 December 1985:  1,2.3,4 //  //  // ASSETS  // LIABILITIES  //  //  //  // 1.2.3.4 // Fixed assets   // 10 863 520 545  // Fixed capital   // 11 039 402 947   // Inventories   // 33 223 406   // Current liabilities   // 4 317 155 454  // Current assets   // 3 179 504 682   // Cash accounts  // 54 700 333   // Cash accounts   // 1 396 173 360  // Accrued expenses   // 310 565 061   // Prepaid expenses  // 249 401 802   //   //   //    //   //   //   // Total  // 15 721 823 795   // Total  // 15 721 823 795   //    //  //   //  2. Records its comments in the resolution which forms part of this Decision;  3. Instructs its President to forward this Decision and the resolution embodying its comments to the Commission, the Council, the Court of Justice, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European Communities, L series.  Done at Strasbourg, 19 January 1988.  The President  PLUMB 938 843,36  (1) COM(86) 208 - 212 final (2) OJ No C 321, 15. 12. 1986.  RESOLUTION  on the action taken by the Commission in response to the resolution adopted by Parliament on 7 April 1987 deferring a discharge in respect of the implementation of the 1985 budget  THE EUROPEAN PARLIAMENT,  - having regard to its resolution of 7 April 1987 embodying its reasons for deferring the granting of discharge to the Commission in respect of the implementation of the budget for the financial year 1985 (1),  - having regard to the communication from the Commission of the European Communites on action taken in response to the comments made in that resolution (COM(87) 372 final),  - having regard to the report by the Commission to the Council and Parliament on the financing of the Community budget (COM(87) 101 final) and the related Commission documents (COM(87) 376 final, 400, 410 final, 420 final and 430 final),  - having regard to the report by the Commission on more effective action against fraud on the Community budget,  - having regard to its resolution of 18 November 1987 on the proposals from the Commission of the European Communities on the future financing of the Communities (Doc. A 2-200/87) (2),  - having regard to the report of the Committee on Budgetary Control (Doc A 2-259/87),  A. whereas, pursuant to the third paragraph of Article 85 of the Financial Regulation of 21 December 1977 the institutions of the Community shall take all appropriate steps to take action on the comments appearing in the Decisions giving discharge,  B. whereas Parliament deferred its discharge because of the Community's disastrous financial situation and because the soundness of the financial management and the completeness of the accounts were so much in doubt as to render impossible a favourable overall judgment,  C. whereas the chaotic and mismanaged state of the Community's finances, for which the Member States are also to blame, seriously threatens its ability to meet its responsibilities in full,  1. Notes that one reason for the grave financial crisis affecting the Community is that it has not managed to achieve financial independence from the Member States in respct of the shaping of its revenue and expenditure; is aware that the frequent failure to conduct financial management with the necessary rigour has been a factor; calls therefore for the assessments and recommendations of parliamentary budgetary control, financial control and the Court of Auditors to be given greater weight in future in the legislative and budgetary process;  2. Believes that another cause of the Community's financial crisis lies in a misguided and in part uncoordinated agricultural policy which was adopted without thought of its long-term financial consequences and has led to a squandering of the Community's already inadequate resources; takes the view that this persistent misspending can be brought to an end only by resolute political action to dispose of stocks, the economic wisdom of which needs to be properly brought home to the European taxpayer;  3. Acknowledges that the proposal made and the measures taken demonstrate the Commission's efforts to achieve rationalization of the Community's finances and sound financial management; acknowledges that accounting has improved but expects in future figures also to be given for the potential liabilities arising from guarantees; points out however that further substantial and sustained effort and detailed work will be required, by way of legislation, administrative orders and practical implementation, in order to bring about the required reforms;  4. Is prepared, despite the limited progress achieved so far, to grant the discharge as an indicatin of its support for the efforts made by the Commission in its dealings with the Council and its comprehensive proposals to improve the financing of the budget and its implementation; warns, however, against any departure from the blueprint adopted by Parliament for the reorganization of Community finances;  5. Calls on the Member States to give the Court of Auditors all the information it requires to monitor VAT revenue and to allow it to conduct the inspections this involves, and calls on the Commission to institute proceedings before the Court Justice of the European Communities against the Member States concerned, in the event of related breaches of Community law;  6. Welcomes the Commission's intention of setting up an administrative unit to strengthen the campaign against fraud; expects proposals to be submitted, however, for organizational and legislative measures to be undertaken jointly with the Member States for effective action against fraud;  7. Calls on the Commission to draw up provisions under which the valuation of agricultural stocks is adjusted according to verifiable rules at the beginning of each financial year;  8. Acknowledges that the introduction of budgetary 'stabilizers' may help control agricultural expenditure and may help bring agricultural markets closer to balance, but points out that sound financial management also requires clear goals, the best possible forecasting of the economic results of the use of funds and strict application of quantitiative and qualitative criteria;  9. Believes that the absence of figures and clear selection criteria for the macroeconomic goals to be achieved is a barrier to be efficient operation and effective control of the Funds; expects to see clear rules for coordination between the Funds, cooperation with the Member States and the evaluation of the activities of the Funds by means of a cost/benefit analysis laid down in the implementing Regulations;  10. Welcomes the Commission's efforts to ensure the annuality of the budget by aboslishing automatic carryovers, but calls for the budgetary authority to be given timely and comprehensive notification of approrpriations to be cancelled and the submission of proposals for appropriations to be carried forward to the following year;  11. Considers that the Commission has given an inadequate reply on the need for it to make a statement on the legality and practicability of the budget as adopted, and expects a clear statement when future budgetary procedures are concluded;  12. Considers that in future the Commission ought to submit its guideline proposals for financial and technical aid to developing countries and the Latin-American countries to the Council in sufficient time to allow Parliament to take the Council's decision into account in the budgetary procedure governing those appropriations; further recommends that in its budget appropriation for such aid, the Commission should respect the principle of budgetary classification, as specified in paragraph 10.21 of the Court of Auditors' report concerning the financial year 1985;  13. Recommends that the Commission make full use of its right of initiative under the Treaties to get Community business through the Council;  14. Considers it inappropriate that in practice a single Member of the Commission is responsible for all expenditure on agriculture and hence for 70 % of the Community budget; suggests that the Commission examine its internal organization with a view to involving the Member of the Commission responsible for the budget more closely in financial management in the agricultural sector.  (1) OJ No C 125, 11. 5. 1987, p. 45.  (2) See Minutes of that date, Part II, Item 2.


title: EFTA Surveillance Authority Decision No 471/09/COL of 25 November 2009 amending, for the seventy-fourth time, the procedural and substantive rules in the field of State aid by introducing a new chapter on criteria for the analysis of the compatibility of State aid for training subject to individual notification

text:
               8.9.2011

               EN

               Official Journal of the European Union

               L 231/23

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 471/09/COL
   of 25 November 2009
   amending, for the seventy-fourth time, the procedural and substantive rules in the field of State aid by introducing a new chapter on criteria for the analysis of the compatibility of State aid for training subject to individual notification
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 and Article 5(2)(b) thereof,
   WHEREAS pursuant to Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS pursuant to Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid adopted on 19 January 1994 by the Authority (4),
   WHEREAS, on 11 August 2009, the Commission of the European Communities (hereinafter ‘the Commission’) published a Communication on criteria for the analysis of the compatibility of State aid for training subject to individual notification (5),
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the Commission,
   HAVING consulted the Commission,
   RECALLING that the Authority has consulted the EFTA States by way of letter on the subject dated 2 October 2009 (Event Nos 532318, 532294 and 532322),
   HAS ADOPTED THIS DECISION:
   Article 1
   The State Aid Guidelines shall be amended by introducing a new chapter on criteria for the analysis of the compatibility of State aid for training subject to individual notification. The new chapter is contained in the Annex to this Decision.
   Article 2
   Only the English version is authentic.

      Done at Brussels, 25 November 2009.

            For the EFTA Surveillance Authority

         Per SANDERUD

            President

         Kurt JÄGER

            College Member

      (1)  Hereinafter referred to as ‘the Authority’.

      (2)  Hereinafter referred to as ‘the EEA Agreement’.

      (3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

      (4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in the
         Official Journal of the European Union L 231, 3.9.1994, p. 1, and EEA Supplement No 32, 3.9.1994, p. 1 (hereinafter referred to as ‘the State Aid Guidelines’). The updated version of the State Aid Guidelines is published on the Authority's website: http://www.eftasurv.int/state-aid/legal-framework/state-aid-guidelines/

      (5)  Published in OJ C 188, 11.8.2009, p. 1.

      ANNEX

         CRITERIA FOR THE ANALYSIS OF THE COMPATIBILITY OF STATE AID FOR TRAINING SUBJECT TO INDIVIDUAL NOTIFICATION
          (1)

      1.   Introduction

                  1.

                  Training usually has positive external effects for society as a whole since it increases the pool of skilled workers from which undertakings can draw and it improves the competitiveness of the economy and promotes a knowledge society capable of embracing a more innovative development path.

                  2.

                  Undertakings may, however, provide less than a socially optimal level of training if employees are free to change employers and other undertakings can benefit from recruiting employees trained by them. This is particularly true of training targeted at skills that are transferable between undertakings. State aid may help to create additional incentives for employers to provide training at a level that is socially desirable.

                  3.

                  This Chapter sets out guidance as to the criteria the EFTA Surveillance Authority (hereinafter ‘the Authority’) will apply for the assessment of training aid measures. This guidance is intended to make the Authority’s reasoning transparent and to create predictability and legal certainty. Pursuant to Article 6(1)(g) of the Act referred to at point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (2)), as adapted to the EEA Agreement by Protocol 1 thereto (3) (hereinafter referred to as ‘the General Block Exemption Regulation’), any individual training aid, whether granted ad hoc or on the basis of a scheme, will be subject to this guidance when its grant equivalent exceeds EUR 2 million per training project.

                  4.

                  The criteria set out in this guidance will not be applied mechanically. The level of the Authority’s assessment and the kind of information it may require will be proportional to the risk of distortion of competition. The scope of the analysis will depend on the nature of the case.

            2.   Positive effects of the aid

      2.1.   Existence of market failures

                  5.

                  Skilled workers contribute to increasing the productivity and competitiveness of undertakings. Nevertheless, employers and employees may underinvest in training for a number of reasons. Employees may limit their investment in training if they are risk averse, suffer from financial constraints or have difficulties signalling the level of their acquired knowledge to future employers.

                  6.

                  Undertakings may refrain from training their workforce at the level that would be optimal for society as a whole. This is due to the market failure linked with the positive externalities of training and to difficulties in appropriating the rents if employees are free to change employers. Undertakings may invest less into training, if they are concerned that once trained, an employee will leave before the undertaking has recouped its investment. Undertakings may be reluctant to provide sufficient training to their workers unless training pays off quickly or is rather specific to the needs of the undertaking concerned, or unless contractual clauses can prevent the trained employee from leaving the undertaking before the training cost have been amortised or (part of) the training expenses have been reimbursed.

                  7.

                  Underinvestment in training may even occur if the undertaking can fully recoup its investment but its private benefits are smaller than the benefits for society as a whole. Such positive externalities of training may arise in particular if training improves transferable skills; that is to say, skills that can be used in more than one undertaking. In contrast, specific training only yields productivity gains in a specific undertaking and can be easily appropriated by undertakings (4). Thus the scope for positive externalities of specific training is less pronounced than the scope for such externalities of general training.

                  8.

                  Where undertakings are faced with higher costs and uncertain benefits for training disadvantaged or disabled workers (5) there may be an incentive to provide less training to those groups. However, training disadvantaged or disabled workers can usually be expected to produce positive externalities for society as a whole (6).

                  9.

                  EFTA States should demonstrate that there is a market failure justifying the aid. In its analysis, the Authority will, among other things, consider the following elements:

                              (1)

                              the nature of the training – whether it is specific or general within the meaning of Article 38 of the General Block Exemption Regulation; a single training project can comprise both general and specific elements; general training will produce more positive externalities;

                              (2)

                              the transferability of the skills acquired during the training; the more transferable the skills the higher the likelihood of positive externalities training will be considered to provide transferable skills if, for example:

                                          (a)

                                          training is jointly organised by several independent undertakings, or if employees of different undertakings may benefit from the training;

                                          (b)

                                          training is certified, leads to a recognised diploma or is validated by public authorities or institutions;

                                          (c)

                                          training targets the categories of employees that are characterised by a high turnover in the undertaking and in the sector concerned;

                                          (d)

                                          training could be valuable for the employee beyond his current job (future occupations in another undertaking, social life, well-being, etc.);

                              (3)

                              the participants in the training: the inclusion of disabled or disadvantaged workers may increase the positive externalities of the training.

            2.2.   State aid as an appropriate policy instrument

                  10.

                  State aid is not the only policy instrument available to EFTA States to encourage training. Most training is provided through education systems (for example, universities, schools, or vocational training carried out or sponsored by state authorities). Training can also be undertaken by the individuals themselves, with or without the support of their employers.

                  11.

                  Where the EFTA State has considered other policy options, and the advantages of using a selective instrument such as State aid for a specific undertaking are established, the measures concerned are considered to constitute an appropriate instrument. The Authority will in particular take account of any impact assessment of the proposed measure the EFTA State may have made.

            2.3.   Incentive effect and necessity of the aid

                  12.

                  State aid for training must result in the aid beneficiary changing its behaviour so that it provides more and/or better training than would have been the case without the aid. If such an increase in the quantity or quality of planned training activities does not take place, the aid is considered not to have an incentive effect.

                  13.

                  The incentive effect is identified by counterfactual analysis, comparing the levels of intended training with aid and without aid. Most employers find it necessary to train their workforce in order to ensure the proper functioning of their undertakings. It cannot be presumed that State aid for training, especially for specific training, is always needed.

                  14.

                  EFTA States should demonstrate to the Authority the existence of the incentive effect and the necessity of the aid. First, the beneficiary must have submitted an application for the aid to the EFTA State concerned before it started the training project. Second, the EFTA State must demonstrate that the State aid leads to an increase, by comparison to the situation without aid, in the size, quality, scope or targeted participants of the training project. The additional amount of training offered with aid can be shown, for example by higher number of training hours or courses, higher numbers of participants, shifting from undertaking-specific to general training, or increasing the participation of certain categories of disadvantaged or disabled workers.

                  15.

                  In its analysis, the Authority will consider, among other things, the following elements:

                              (a)

                              internal documents of the aid beneficiary on training costs, budgets, participants, content and scheduling for two scenarios: training with aid and training without aid;

                              (b)

                              the existence of a legal obligation for employers to provide a certain type of training (for example, safety): if such an obligation exists, the Authority will normally conclude that there is no incentive effect;

                              (c)

                              the credibility of the project submitted, for example by referring to and comparing it with training budgets for previous years;

                              (d)

                              the relationship between the training programme and the business activities of the aid beneficiary: the closer the relationship, the less likely the incentive effect. For example, training on the introduction of a new technology in a specific sector is unlikely to have an incentive effect since undertakings have no choice but to train their workforce on the newly introduced technology.

            2.4.   Proportionality of the aid

                  16.

                  The EFTA State must demonstrate that the aid is necessary and the amount is kept to the minimum in order to achieve the objective of the aid.
                  Eligible costs must be calculated in accordance with Article 39 of the General Block Exemption Regulation and be limited to the costs arising from training activities which would not be undertaken without aid.
                  EFTA States should provide evidence that the aid amount does not exceed the part of the eligible costs that cannot be appropriated by the undertaking (7). In any case, aid intensities must never exceed those laid down in Article 39 of the General Block Exemption Regulation and will be applied to the eligible costs (8).

            3.   Negative effects of the aid

                  17.

                  If the aid is proportionate to achieve the objective of the aid the negative effects of the aid are likely to be limited and an analysis of the negative effects may not be necessary (9). However, in some cases, even where aid is necessary and proportionate for a specific undertaking to increase the amount of training provided, the aid may result in a change in the behaviour of the beneficiary which significantly distorts competition. In those cases the Authority will conduct a thorough analysis of the distortion of competition. The extent of the distortion of competition caused by the aid can vary depending on the characteristics of the aid and of the markets affected (10).

                  18.

                  The aid characteristics that may affect the likelihood and the extent of the distortion are:

                              (a)

                              selectivity;

                              (b)

                              the size of the aid;

                              (c)

                              the repetition and duration of the aid;

                              (d)

                              the effect of the aid on the undertaking’s costs.

                  19.

                  For example, a training scheme used to encourage undertakings in general in an EFTA State to undertake more training is likely to have a different effect on the market than a large amount of aid given to a single undertaking to enable it to increase its training. The latter is likely to distort competition more significantly as the aid beneficiary’s competitors become less able to compete (11). The distortion will be even greater if the training costs in the beneficiary’s business represent a high share of the total costs.

                  20.

                  In assessing the market characteristics, which can give a much more accurate picture of the likely impact of an aid, the Authority will among other things consider:

                              (a)

                              the structure of the market; and

                              (b)

                              the characteristics of the sector or industry.

                  21.

                  The structure of the market will be assessed through the concentration of the market, the size of undertakings (12), importance of product differentiation (13) and barriers to entry and exit. Market shares and concentration ratios will be calculated once the relevant market has been defined. In general, the fewer undertakings there are, the larger their share of the market and the less competition one would expect to observe (14). If the affected market is concentrated with high barriers to entry (15) and the aid beneficiary is a major player on it then it is more likely that competitors will have to alter their behaviour in response to the aid.

                  22.

                  While examining the characteristics of the sector the Authority will look among other things at the importance of the trained workforce for the business, the existence of overcapacity, whether the markets in the industry are growing, mature or declining, financing strategies of competitors for training (State aid, employees, and employers). For example, training aid in a declining industry may increase the risk of a distortion of competition by keeping an inefficient undertaking afloat.

                  23.

                  Training aid may, in particular cases, lead to distortions of competition in respect of market entry and exit, effect on trade flows and crowding out of training investment.

            Market entry and exit

                  24.

                  In a competitive market undertakings sell products that generate profits. By altering costs, State aid alters profitability, and can therefore affect the undertaking’s decision to offer a product or not. For example, State aid that would reduce the ongoing costs of production such as training for staff would make entry more appealing and enable undertakings with otherwise poor commercial prospects to enter a market or introduce new products to the detriment of more efficient competitors.

                  25.

                  The availability of State aid may also affect an undertaking’s decision to leave a market where it is already operating. State aid for training could reduce the size of losses and enable an undertaking to stay in the market for longer – which may mean that other, more efficient undertakings that do not get aid are forced to exit instead.

            Effect on trade flows

                  26.

                  State aid for training may result in some territories benefiting from more favourable production conditions than others. This may result in the displacement of trade flows in favour of the regions where such aid is given.

            Crowding out of training investment

                  27.

                  To survive in the marketplace and maximise profits, undertakings have incentives to invest in training of staff. The amount of investment in training which each undertaking is willing to make also depends on how much its competitors invest. Undertakings which are subsidised by the state may reduce their own investment. Alternatively, if the aid induces the aid beneficiary to invest more, competitors may react by reducing their own expenditure in training. If, to achieve the same objective, aid beneficiaries or their competitors spend less in the presence of the aid than in its absence, their private investment in training of staff is crowded out by the aid.

            4.   Balancing and decision

                  28.

                  The last step in the analysis is to evaluate the extent to which the positive effects of the aid outweigh its negative effects. This will be done on a case-by-case basis. In order to balance the positive and the negative effects, the Authority will assess them and make an overall assessment of their impact on producers and consumers in each of the markets affected. Unless quantitative information is readily available the Authority will use qualitative information for the purposes of the assessment.

                  29.

                  The Authority is likely to take a more positive stance, and therefore accept a higher degree of distortion of competition, if the aid is necessary, well-targeted and proportionate for a specific undertaking to increase its training activities, and if society benefits from the extra training provided more than the aid beneficiary.

         (1)  This Chapter corresponds to the Communication from the Commission of the European Communities – Criteria for the analysis of the compatibility of State aid for training subject to individual notification 2009/C 188/01 (OJ C 188, 11.8.2009, p. 1).

         (2)  OJ L 214, 9.8.2008, p. 3. For ad hoc training aid to a large undertaking below the threshold of EUR 2 million, the Authority will mutatis mutandis apply the principles as outlined in this Chapter, though in a less detailed manner.

         (3)  Decision of the EEA Joint Committee No 120/2008 of 7.11.2008 (OJ L 339, 18.12.2008, p. 111, and EEA Supplement No 79, 18.12.2008), entered into force on 8.11.2008.

         (4)  However, externalities of general training can also be appropriated by the undertakings through special clauses in contracts requiring the trained employee to remain in the undertaking for a defined period of time after he had received such training.

         (5)  Disabled and disadvantaged workers are defined in Article 2 of the General Block Exemption Regulation.

         (6)  For example, society will attach more value to training received by young and low-skilled workers than an undertaking will do due to a perceived or real lower productivity.

         (7)  This equals the part of the extra costs of the training that the undertaking cannot recover by benefiting directly from the skills acquired by its employees during the training.

         (8)  See also current case practice, for example C 35/2007 training aid to Volvo Cars in Gent, Commission Decision 2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and Leipzig Halle airport (OJ L 346, 23.12.2008, p. 1), and Commission Decision 2007/612/EC of 4 April 2007 on State aid C 14/06 which Belgium is planning to implement for General Motors Belgium in Antwerp (OJ L 243, 18.9.2007, p. 71).

         (9)  In addition, if the labour market functioned perfectly, employees could always extract a larger salary for their better skills due to the training received and internalise positive externalities of the training.

         (10)  A number of markets can be affected by the aid, because the impact of the aid may not be restricted to the markets where the aid beneficiary is active but it can extend to other markets, for example input markets.

         (11)  It should be noted however, that training aid given to a whole sector in one EFTA State may lead to a distortion on trade between Contracting Parties.

         (12)  Size of the undertaking can be expressed in the terms of market shares as well as turnover and/or employment.

         (13)  The lower the degree of product differentiation, the greater the effect of the aid on competitors’ profits will be.

         (14)  It is important to note, however, that some markets are competitive despite there being few undertakings present.

         (15)  It should be noted, however, that sometimes granting of an aid helps to overcome entry barriers and allows new undertakings to enter a market.