Important legal notice

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E2000C0142

Decision of the EFTA Surveillance Authority No 142/00/COL of 26 July 2000 on the closure of a case initiated on the basis of a complaint concerning alleged State aid to certain enterprises through the contract conditions for electricity ('Kraftkontrakter på myndighetsbestemte vilkår') (Aid No 020.500.032) (Norway)

Official Journal L 324 , 21/12/2000 P. 0035 - 0039

Decision of the EFTA Surveillance AuthorityNo 142/00/COLof 26 July 2000on the closure of a case initiated on the basis of a complaint concerning alleged State aid to certain enterprises through the contract conditions for electricity ("Kraftkontrakter på myndighetsbestemte vilkår")(Aid No 020.500.032)(Norway)THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area(1), in particular to Articles 61 to 63 and of Protocol 26 thereto,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice(2), in particular to Article 24 and Article 1 of Protocol 3 thereto,Having regard to the Authority's Guidelines(3) on the application and interpretation of Articles 61 and 62 of the EEA Agreement,Whereas:I. FACTS1. IntroductionBy letter of 25 May 1999 from the Norwegian environmental organisation Bellona ("Miljøstiftelsen Bellona"), received and registered on 27 May 1999 (Doc. No 99-3837 A), the Authority received a complaint. The complainant assumed that prices on electric power in future contracts between Statkraft and 16 Norwegian enterprises would be below market prices and that this would be contrary to Article 61 of the EEA Agreement, Statkraft is a 100 % State owned company that is producing electricity generated from hydropower. Statkraft would be obliged to enter into the mentioned contracts on the basis of conditions established by the Norwegian Parliament ("Stortinget"). The complainant referred to the proposal from the Government to Stortinget ("St. prp. No 52 (1998-99) Om Statkrafts industrikontrakter og leieavtaler") which was presented on 26 March 1999.2. Statkrafts' industrial contracts and leases ("St. prp. No 52 (1998-99) Om Statkrafts industrikontrakter og leieavtaler")The Government proposed in St. prp. No 52 (1998-99) that Statkraft offer 16 specific enterprises new electric power contracts, commencing 1 January 2001 and running for 20 years (hereinafter "52-contracts"). The enterprises are within power-intensive industries and paper and pulp industries. Price conditions in these contracts were supposed to reflect expected market prices.The proposed price was fixed at 15,5 øre/kWh (1999 prices) for contracts commencing 1 January 2001. Contracts that commence thereafter would have higher prices, reflecting the fact that market expectations imply that electricity prices will rise in real terms. The prices were to be adjusted according to the consumer price index ("Konsumprisindeksen"). Furthermore, prices in the 52-contracts were to be adjusted in 2011 if the electricity market were to develop differently from expected in St. prp. No 52. If the average spot price in the period 2006 to 2010 were to deviate by more than 1 øre/kWh (1999 prices) from 17,8 øre/kWh (1999 prices), the contract price would be adjusted accordingly.Enterprises entering the new contracts would have to accept three sets of conditions, related to capacity constraints in the power grid, dry year buffer and energy efficiency. The standard terms in the 52-contracts imply that the enterprises have to offer power reserves up to 100 hours per 12 months. Statnett (the State-owned grid operator) may instruct the enterprises to reduce their electricity consumption on a 15 minutes notice. The 52-contracts furthermore require the industry to pay the spot price if the average spot price exceeds 30 øre/kWh for 168 hours in a row. This is a way to share the risk of high spot prices and scarcity of supply in the future between Statkraft and the industry. Price conditions as fixed in St. prp. No 52 (1998-99), and as already mentioned, are based on market conditions for long term power contracts adjusted for the value of the service obligations.The enterprises would be offered contracts that cover a maximum of 50 % (nine enterprises) or 70 % (seven enterprises) of their current power requirements. From 2011 on the power volume would be reduced gradually (6 % per year).According to St. prp. No 52, enterprises accepting the 52-contracts would have to terminate their existing contracts with Statkraft. This concerns 11 out of the 16 enterprises. For enterprises having contracts with a lower price than the starting price of the 52-contracts, the starting price of the new contracts would be reduced. Reductions would be calculated for each enterprises by 1. discounting to present value the difference between estimated market price and current contract price for the remainder of the contract period, and 2. converting this present value to price reductions for the duration of the new contracts.Three additional enterprises were to be offered new leasing contracts connected to three power plants(4). The new leasing contracts would commence 1 January 2001 and run for 30 years. The price was to be fixed at 15,75 øre/kWh (1999 prices) for the period between 2001 and 2020. The price between 2021 and 2030 would (in real terms) be equal to the average spot price for electricity in the period from 2016 to 2020. Termination clauses similar to the other (sales) contracts would be introduced as well.Stortinget adopted St. prp. No 52 (1998-99) on 16 June 1999 with three amendments(5). First, the reduction of the contract volumes from 2011 was reduced from 6 % per year to 5 % per year. Secondly, the indexation was also to be based on the wholesale price index. (The Ministry of Oil and Energy decided later that annual price adjustments should be based on an average of the consumer price index and the wholesale price index). Thirdly, two additional enterprises ("Becromal" and "Hunsfoss") were to be offered 52-contracts in addition to the 16 enterprises proposed by the Government.3. The complaintThe complainant concludes that the contracts contained in St. prp. No 52 would not be in accordance with the State aid rules of the EEA Agreement (Article 61(1)). It would be possible, according to Bellona, to obtain 20-year contracts in the open market at a price of 21 øre/kWh (fixed nominal price), while the starting price in St. prp. No 52 is 15,5 øre/kWh (1999 prices indexed). For enterprises having existing 52-contracts with Statkraft the starting price could, due to the termination clauses, be as low as 11 øre/kWh (1999 prices indexed). If one compares a starting price of 15,5 øre/kWh (1999-prices indexed) with a price of 21 øre/kWh (fixed nominal price) over a period of 20 years, the indexation would have to be 3,1 % p.a. for the contracts to be economically equal. The complainant refers to the fact that the Government has assumed a growth in consumer prices of 2,5 % up to 2010. The 16 enterprises would therefore, according to Bellona, probably receive State aid by entering into the 52-contracts. The 52-contracts would fall within the scope of Article 61(1) EEA and none of the exemptions of Article 61(2) or (3) would be applicable, according to the complainant.4. Correspondence between the Norwegian authorities and the AuthorityBy letter of 6 July 1999 (Doc. No 9-5022 D), the Authority forwarded a copy of the complaint from Bellona to the Norwegian authorities. The Norwegian authorities were, inter alia, invited to submit full documentation on the system of allocating energy contracts by Statkraft to individual companies. The Authority in particular asked the Norwegian authorities to substantiate why, in their view, prices of electric power offered to certain enterprises would not favour those enterprises, within the meaning of Article 61(1) EEA.By letter of 13 October 1999, received and registered by the Authority on 14 October 1999 (Doc. No 99-7668 A), the Mission of Norway to the European Union responded to the letter of 6 July 1999 from the Authority. The letter contained comprehensive documentation on the former and present Norwegian system of electricity production, including the main features of St. prp. No 52 (1998-99). The Norwegian authorities stated in the letter that the 52-contracts are "based on a price level obtainable on the basis of long-term contracts in today's power market, adjusted for the value of certain service obligations".In a meeting between officials from the Norwegian authorities and the Authority which took place in Brussels on 15 February 2000, the Norwegian authorities explained in detail the contents of St. prp. No 52 (1998-99).By letter of 28 February 2000 (Doc. No 00-1613 D), the Authority requested further information from the Norwegian authorities. The authority, inter alia, invited the Norwegian authorities once more to comment upon the complaint by Bellona, to submit additional information on the prices of the 52-contracts and to explain how the value of the service obligations had been calculated.A second meeting took place on these issues between officials from the Norwegian authorities and the Authority in Oslo on 3 March 2000. On the same date the Authority had meetings with operators in the electricity market in Norway.By letter of 8 May 2000, received and registered by the Authority on 10 May 2000 (Doc. No 00-3577 A), the Ministry of Petroleum and Energy submitted further information. The Ministrey argued that "the 52-contracts are based on prices attainable in the present power market of long-term contracts, adjusted for the value of the service obligations. In addition, the downward adjustment of the contract volume, which commences in 2011, is also reflected in the contract price. The price referred to by Bellona, is applied in contracts without service obligations, and with a constant volume per year throughout the contract period. It is therefore not correct to compare these two prices". The Ministry refered to the earlier correspondence and stated that "It has been demonstrated that the Ministry's price is at the same level or higher than Bellona's price of 21 øre/kWh, depending on the discount rate".In the letter of 8 May 2000, the Ministry furthermore referred to the fact that Stortinget adjusted some of the elements in St. prp. No 52 (1998-99). This concerned the indexation of the contract price and the redution of the contract volumes from 2011. In order to incorporate these changes, the starting price of the 52-contracts had been increased from 15,50 øre/kWh to 15,88 øre/kWh (1999 prices). The Ministry referred to the fact that the prices of the 52-contracts could be adjusted as of 1 January 2011, if the power market prices developed differently from what has been expected. The Ministry also noted that the industry would have to pay spot market prices whenever these prices exceed 30 øre/kWh (1999 prices) seven days consecutively. The Ministry furthermore elaborated, inter alia, on the calculation of the service obligations (power-control, dry-year buffer and efficient use of energy), and the termination clause in the 52-contracts and the leasing contracts.In a letter of 12 May 2000 (Doc. No 00-3564 D) to the Norwegian authorities, the Authority stated that "based on the information we have received so far, the Authority is of the view that contracts foreseen in St prp nr. 52 may contain aid. Termination clauses in the proposed cotracts imply that enterprises with existing contracts ('statkraftskontrakter') and leases ('leieavtaler') will be conferred benefits for an extended period of time. On the other hand, for enterprises not having existing contracts, i.e. not affected by the termination clause, the price conditions outlined in St. prp. No 52 seem to be comparable to market conditions. If Statkraft and the enterprises mentioned in St. prp. No 52 conclude contracts under the conditions currently laid down, i.e. containing termination clauses, the Authority would be obliged to open proceedings according to Article 1 of Protocol 3 to the Surveillance and Court Agreement."5. Changes in Statkraft's industrial contracts and leases ("St. prp. No 78 (1999-2000) Endringer i vilkårene for Statkrafts industrikontrakter og leieavtaler")By letter of 13 June 2000 from the Mission of Norway to the European Union, received and registered on 14 June 2000 (Doc. No 00-4346 A), the Norwegian authorities informed the Authority that on 2 June 2000 the Norwegian Government had submitted a proposal to Stortinget on changes in conditions related to Statkraft's industrial contracts and leases ("St. prp. No 78 (1999-2000) Endringer i vilkårene for Statkrafts industrikontrakter og leieavtaler"). The proposal suggested the elimination of the termination clauses in the 52-contracts. This meant that the existing contracts and leases will continue with no alterations until they expire.By letter of 27 June 2000 from the Norwegian Ministry of Petroleum and Energy, received and registered on 29 June 2000 (Doc. No 00-4701 A), the Ministry informed the Authority that Stortinget had approved St. prp. No 78 (1999-2000) on 14 June 2000(6).II. APPRECIATIONThe complainant assumed that prices in the 52-contracts (see point I.2) would be below market prices and that this would be contrary to Article 61(1) of the EEA Agreement.For a measure to constitute State aid within the meaning of Article 61(1) EEA it must:1. be granted through State resources;2. distort or threaten to distort competition by favouring certain undertakings or the production of certain goods;3. affect trade between Contracting Parties.These conditions would be fulfilled if Statkraft (the seller) were obliged to enter into 52-contracts containing conditions that are more advantageous for the enterprises (the buyers) than market conditions, i.e. if the 52-contracts confer a financial advantage on the buyers. The Authority therefore has to identify and quantify possible elements of State aid in the 52-contracts.The adoption of St. prp. No 78 (1999-2000) (see point I.5) means that termination clauses have been withdrawn from the 52-contracts. This implies that existing contracts and leases will run, with no alterations, to the respective expiry dates. This encompasses contracts with 11 enterprises and the three mentioned leases.The price in the 52-contracts commencing 1 January 2001 will be fixed at 15,88 øre/kWh (1999 prices) and adjusted for annual inflation. Contracts that commence thereafter will have higher prices, reflecting expectations that electricity prices will rise in real terms. If prices in the electricity market develop differently from expectations, the contracts provide for price adjustments from 1 January 2011 onwards. In addition, the enterprises will be obliged to pay the spot price if the average spot price exceeds 30 øre/kWh for more than 168 hours in a row.The price in the leasing contracts is 15,75 øre/kWh in real terms for the period between 2001 and 2020. In nominal terms this price will also be adjusted for inflation. The price between 2021 and 2030 will (in real terms) be equal to the average spot price in the period from 2016 to 2020.Enterprises accepting the 52-contracts and the leasing contracts are required to contribute to power control and dry year buffer. The values of these obligations are reflected in the contract prices.The Authority has received comprehensive information from the Norwegian authorities regarding prices on long-term contracts. The Norwegian authorities have gathered information from a variety of sources (brokers) in the electricity market. The Authority has also gathered information from different sources. It appears from this information that the market prices for long-term electricity contracts have gone down since St. prp. No 52 (1998-99) was presented to Stortinget. It is now possible to obtain 20-year contracts in the open market at a price of around 19 øre/kWh. This price is fixed in nominal terms for the whole contract period and consequently not subject to inflation adjustment. Bellona claimed that a corresponding price would be 21 øre/kWh.The Authority agrees with the view of the Norwegian authorities that it is incorrect to make a direct comparison between the prices of contracts contained in St. prp. No 52 (1998-99) and contracts not containing service obligations and having a constant volume throughout the contract period. Furthermore, prices in the 52-contracts are expressed in real terms (15,88 øre/kWh) while the actual prices to be paid will be adjusted for inflation. The price claimed by Bellona is a price that will be maintained in nominal terms throughout the contract period and not adjusted for inflation. If the economic value of a contract with a given nominal price should be similar to the economic value of a contract with an increasing nominal price, the former price would naturally be higher at the outset, while the latter would be higher at the end of the contract period. The compare the economic values of two such sets of contracts it would be necessary to make assumptions of inflationary developments and a rate of discounts.The Authority has made such comparisons between different fixed nominal prices using different discount factors and a price of 15,88 øre/kWh indexed with 2,25 % over a period of 20 years. With a discount factor of 7 %(7), the Authority has estimated the Ministry's indexed price of 15,88 øre/kWh to be higher than the present fixed nominal market price of 19 øre/kWh. In addition it has to be taken into account that enterprises entering into the 52-contracts are subject to the service obligations. The Authority therefore cannot conclude that the 52-contracts contain State aid.III. CONCLUSIONIn view of the above facts and considerations, the case is closed without further action by the Authority,HAS ADOPTED THIS DECISION:The EFTA Surveillance Authority's examination of the complaint received and registered on 27 May 1999 (Doc. No 99-3867 A), concerning alleged State aid to certain enterprises through the contract conditions for electricity ("Kraftkontrakter på myndighetsbestemte vilkår") (Aid No 020.500.032), is closed without further action.Done at Brussels, 26 July 2000.For the EFTA Surveillance AuthorityKnut AlmestadPresident(1) Hereinafter referred to as the EEA Agreement.(2) Hereinafter referred to as the Surveillance and Court Agreement.(3) Procedural and Substantive Rules in the Field of State Aid (State Aid Guidelines), adopted and issued by the EFTA Surveillance Authority on 19 January 1994. Published in OJ L 231, 3.9.1994, p. 1, and in the EEA Supplement to OJ L 32, 3.9.1994, The Guidelines were last amended 12 April 2000, not yet published.(4) Saudavassdraget, Tyssovassdraget, and Bremanger.(5) Innst. S. No 233 (1998-99) "Innstilling fra energi- og miljøkomiteen om Statkrafts industrikontrakter og leieavtaler og om Kraftkontrakter med industrien".(6) Innst. S. No 251 (1999-2000) "Innstilling fra energi- og miljøkomiteen om andringer i vilkårene for Statkrafts industrikontrakter og leieavtaler".(7) 7 % is used by the Norwegian authorities. See St. prp. No 52 (1998-99). p. 14.


title: 2014/20/EU: Council Decision of 23 September 2013 on the signing, on behalf of the Union, and the provisional application of the Cooperation Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the European Satellite Navigation Programmes

text:
                  20.1.2014

                  EN

                  Official Journal of the European Union

                  L 15/1

         COUNCIL DECISION
         of 23 September 2013
         on the signing, on behalf of the Union, and the provisional application of the Cooperation Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the European Satellite Navigation Programmes
         (2014/20/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     By Decision of 29 June 2010, the Council and the Representatives of the Governments of the Member States, meeting within the Council, authorised the Commission to open negotiations with Switzerland for establishing a Cooperation Agreement on the European Satellite Navigation Programmes (“the Agreement”).

                     (2)

                     The Agreement was negotiated by the Commission on behalf of the Union and its Member States.

                     (3)

                     The Agreement allows for the participation of Switzerland in the European satellite navigation programmes. In return Switzerland is to contribute to the funding of those programmes.

                     (4)

                     The negotiations were successfully concluded by the initialling of the Agreement on 6 March 2013 by the Commission and on 12 March 2013 by the Swiss Confederation.

                     (5)

                     The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.

                     (6)

                     In view of ensuring the immediate implementation and the appropriate participation of Switzerland in the European satellite navigation programmes, elements falling within the Union's competence should be provisionally applied in accordance with Article 27(2) of the Agreement.

                     (7)

                     Pursuant to its Article 27(1), the Agreement should be approved by the Union and its Member States in accordance with their internal procedures.

                     (8)

                     The position of the Union within the Joint Committee is to be adopted by the Council, on a proposal from the Commission, insofar as the Committee is called upon to adopt acts having legal effects or decisions suspending the application of the Agreement.

                     (9)

                     In addition, for matters to be dealt with by the Joint Committee which do not have legal effects, the Commission should coordinate the position of the Union with the Member States.

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing on behalf of the Union of the Cooperation Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the European Satellite Navigation Programmes is hereby authorised, subject to the conclusion of the said Agreement.
            The text of the Agreement is attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

            Article 3
            The Agreement shall be applied on a provisional basis, in accordance with Article 27(2) thereof, pending the completion of the procedures for its conclusion (1).

            Article 4
            The President of the Council shall, on behalf of the Union, give the notification provided for in Article 27(2) of the Agreement.

            Article 5
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 23 September 2013.

                  For the Council

                  The President

               V. JUKNA

            (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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41997D0625(01)

Decision of the representatives of the governments of the Member States of 2 June 1997 determining the seat of the European Monitoring Centre on Racism and Xenophobia

Official Journal C 194 , 25/06/1997 P. 0004 - 0004

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 2 June 1997 determining the seat of the European Monitoring Centre on Racism and Xenophobia (97/C 194/02)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,Having regard to Article 17 of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia (1),Whereas it is necessary to determine the seat of the European Monitoring Centre on Racism and Xenophobia,HAVE DECIDED AS FOLLOWS:Article 1 The European Monitoring Centre on Racism and Xenophobia shall have its seat in Vienna.Article 2 This Decision, which shall be published in the Official Journal ot the European Communities, shall enter into force on the same day as Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia.Done at Luxembourg, 2 June 1997.The PresidentHans VAN MIERLO(1) OJ No L 151, 10. 6. 1997, p. 1.


Avis juridique important

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31997D0579

97/579/EC: Commission Decision of 23 July 1997 setting up Scientific Committees in the field of consumer health and food safety (Text with EEA relevance)

Official Journal L 237 , 28/08/1997 P. 0018 - 0023

COMMISSION DECISION of 23 July 1997 setting up Scientific Committees in the field of consumer health and food safety (Text with EEA relevance) (97/579/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas sound scientific advice is an essential basis for Community rules on consumer health, which concerns matters relating to consumer health in its strictest sense, but also on animal health and welfare, plant health and environmental health;Whereas scientific advice on matters relating to consumer health must, in the interests of consumers and industry, be based on the principles of excellence, independence and transparency;Whereas, besides cases in which consultation of the Scientific Committees is mandatory, those Committees may also be consulted on matters of particular relevance to consumer health and food safety;Whereas, although many of the problems requiring a scientific opinion fall within the field of competence of one of the existing Scientific Committees, it is nonetheless apparent that some problems may involve the competence of several Committees;Whereas, in order to strengthen their cohesion and at the same time avoid certain overlaps, it is appropriate to redefine the activities of certain Committees;Whereas by Decision 97/404/EC (1) the Commission established a Scientific Steering Committee to coordinate the work of the Scientific Committees;Whereas the Commission must be able to obtain sound and timely scientific advice;Whereas several Council directives and a number of Council regulations provide for mandatory consultation of one or another of the current Scientific Committees; whereas the Commission intends to make appropriate proposals to the Council to adapt existing legislation to this Decision,HAS DECIDED AS FOLLOWS:Article 1 1. The following Scientific Committees are hereby established within the Commission:- Scientific Committee on Food,- Scientific Committee on Animal Nutrition,- Scientific Committee on Animal Health and Animal Welfare,- Scientific Committee on Veterinary Measures relating to Public Health,- Scientific Committee on Plants,- Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers,- Scientific Committee on Medicinal Products and Medical Devices,- Scientific Committee on Toxicity, Ecotoxicity and the Environment.2. The fields of competence of the Scientific Committees shall be as set out in the Annex.3. The Scientific Committee on Animal Health and Animal Welfare shall be composed of a sub-committee on Animal Health and a sub-committee on Animal Welfare.Article 2 1. The Scientific Committees shall be consulted in the cases laid down by Community legislation. The Commission may also decide to consult them on other questions of particular relevance to consumer health and food safety.2. When the question submitted is common to several of the Scientific Committees mentioned in Article 1, and following identification by the Scientific Steering Committee of the Committees involved, they may set up a common working group to prepare their respective opinions. The creation of such a group shall be obligatory if the Scientific Steering Committee so requests.3. At the Commission's request, the Scientific Committees shall provide scientific advice on matters relating to consumer health and food safety. In particular, they shall:(a) critically examine risk assessments made by scientists belonging to Member States' organizations;(b) develop new risk-assessment procedures in areas such as food-borne diseases and the transmissibility of animal diseases to man;(c) draft scientific opinions designed to enable the Commission to evaluate the scientific basis of the recommendations, standards and guidelines prepared in international forums;(d) evaluate the scientific principles on which Community health standards are based, taking into account the risk-assessment techniques developed by the international organizations concerned.4. On the basis of trends in existing scientific data, the Scientific Committees may draw the Commission's attention to any specific or emerging problem falling within their remit in matters of consumer health and food safety.5. The Commission may require the adoption of an opinion within a specified period.Article 3 1. Each Scientific Committee shall consist of a maximum of 19 members. The number of members of each Committee shall be determined by the Commission in accordance with the requisite expertise.2. The members of each Scientific Committee shall be scientific experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.3. The members of the Scientific Committee shall be appointed by the Commission, following publication in the Official Journal of the European Communities of a call for expressions of interest, together with the selection criteria and a description of the selection procedure. The selection procedure shall identify, in a transparent manner, the most suitable applicants for appointment to the Committees. The Commission shall appoint the members of each Scientific Committee from this list of candidates, whereby no appointee may be a member of more than one Scientific Committee. The names of the members of each Scientific Committee shall be published in the Official Journal of the European Communities.Article 4 The Scientific Committees and the sub-committees of the Scientific Committee on Animal Health and Animal Welfare (hereafter called 'the sub-committees`) shall elect a chairman and two vice-chairmen from their members. The election shall take place by simple majority of the members which make up the committee or sub-committee.Article 5 1. Members shall be appointed to the Scientific Committees for a term of three years, and may not remain in office for more than two consecutive terms. They shall remain in office until they are replaced or their appointments are renewed.2. Where a member of a Scientific Committee is unable to carry out his duties or in the event of his/her voluntary resignation, the Commission shall nominate an appropriate replacement for the remaining term of office, drawn from the list of suitable candidates under Article 3 (3).3. Members of the Scientific Committees and the external experts shall be remunerated for the services they provide to the Commission, in addition to the reimbursement of travel and subsistence allowances in accordance with the rules laid down by the Commission.Article 6 1. Members of the Scientific Committees, in their capacity as such, shall act independently of all external influence.2. Each year the members of the Scientific Committees shall inform the Commission of any interests which might be considered prejudicial to their independence.3. Members of the Scientific Committees and the external experts shall declare at each meeting any specific interests which might be considered prejudicial to their independence.Article 7 1. In agreement with the Commission, the Scientific Committees and the sub-committees may invite specialized external experts to participate in their work.2. The Scientific Committees and the sub-committes may create specific working parties with clearly defined tasks. Each working party shall be chaired by a member of the Committee or of the sub-committee and may include external experts.3. The working parties shall report to the Scientific Committee or sub-committee to which they are attached.Article 8 1. The Scientific Committees shall adopt harmonized rules of procedure in collaboration with the Scientific Steering Committee. These rules of procedure shall ensure that the Scientific Committees perform their tasks in the best possible way, in compliance with the principles of excellence, independence and transparency, whilst having regard to legitime requests for commercial confidentiality. They shall be made public.2. Specifically, for each Scientific Committee, the rules must lay down procedures with a view to:(a) appointing rapporteurs to assemble information packages and documentation and prepare draft opinions for the Scientific Committee;(b) verifying that the rapporteurs are in a position to perform their assignments as independently as possible, free of outside influence;(c) delivering an opinion as quickly as possible, and in any event within the time-limit fixed pursuant to Article 2 (5);(d) ensuring close collaboration with the other Scientific Committees and the Scientific Steering Committee.3. The Scientific Committees shall adopt their opinions by a majority of the members which make up the Committee.4. The sub-committees shall adopt draft opinions by a majority of the members which make up the sub-committee, which shall subsequently be submitted to the Scientific Committee on Animal Health and Animal Welfare for final adoption.Article 9 1. The Scientific Committees, the sub-committees and the working parties shall be convened at the instance of the Commission.2. The Commission shall provide the secretariat of the Scientific Committees, the sub-committees and the working parties.Article 10 The agendas, minutes and opinions of the Scientific Committees shall be made publicly available without undue delay and with regard being had to the need for commercial confidentiality. Minority opinions shall always be included and shall be attributed to members only at their request.Article 11 Without prejudice to Article 214 of the Treaty, the members and external experts shall be obliged not to divulge information acquired as a result of the work of the Scientific Committees, sub-committees or one of the working parties, when they are informed that this information is subject to a request for confidentiality.Article 12 1. The Scientific Committees set up by this Decision shall replace the existing Scientific Committees as follows:(a) The Scientific Committee for Food shall replace the Scientific Committee for Food established by Commission Decision 95/273/EC (2);(b) The Scientific Committee for Animal Nutrition shall replace the Scientific Committee for Animal Nutrition established by Commission Decision 76/791/EEC (3), as amended by Decision 86/105/EEC (4);(c) The Scientific Committee on Animal Health and Animal Welfare shall replace the Animal Health section and the Animal Welfare section of the Scientific Veterinary Committee established by Commission Decision 81/651/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden;(d) The Scientific Committee on Veterinary Public Health shall replace the Veterinary Public Health Section of the Scientific Veterinary Committee established by Decision 81/651/EEC;(e) The Scientific Committee for Plants shall replace the Scientific Committee on Pesticides established by Commission Decision 78/436/EEC (6), as amended by Decision 96/105/EEC;(f) The Scientific Committee for Cosmetic Products and Non-Food Products intended for Consumers shall replace the Scientific Committee on Cosmetology established by Commission Decision 78/45/EEC (7), as last amended by Decision 94/954/EC (8);(g) The Scientific Committee for Toxicity, Ecotoxicity and the Environment shall replace the Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds established by Commission Decision 78/618/EEC (9), as last amended by the Act of Accession of Austria, Finland and Sweden.2. Decisions 76/791/EEC, 78/45/EEC, 78/436/EEC, 78/618/EEC, 81/651/EEC and 95/273/EC are repealed.However, the Committees established by those decisions shall remain in office until the Scientific Committees established by this Decision take office.References to the repealed decisions shall be understood as applicable to this Decision; references to the committees and sections established by the repealed decisions shall be understood as applicable to the relevant Committees established by this Decision.Done at Brussels, 23 July 1997.For the CommissionEmma BONINOMember of the Commission(1) OJ No L 169, 27. 6. 1997, p. 85.(2) OJ No L 167, 18. 7. 1995, p. 22.(3) OJ No L 279, 9. 10. 1976, p. 35.(4) OJ No L 93, 8. 4. 1986, p. 14.(5) OJ No L 233, 19. 8. 1981, p. 32.(6) OJ No L 124, 12. 5. 1978, p. 16.(7) OJ No L 13, 17. 1. 1978, p. 24.(8) OJ No L 371, 31. 12. 1994, p. 15.(9) OJ No L 198, 22. 7. 1978, p. 17.ANNEX Scientific Committee on Food Field of CompetenceScientific and technical questions concerning consumer health and food safety associated with the consumption of food products and in particular questions relating to toxicology and hygiene in the entire food production chain, nutrition, and applications of agrifood technologies, as well as those relating to materials coming into contact with foodstuffs, such as packaging.Scientific Committee on Animal Nutrition Field of CompetenceScientific and technical questions concerning animal nutrition, its effect on animal health, on the quality and health of products of animal origin, and concerning the technologies applied to animal nutrition.Scientific Committee on Animal Health and Animal Welfare Sub-committee on Animal HealthField of CompetenceScientific and technical questions concerning all aspects of animal health, hygiene, animal diseases and therapies, including zoonoses of non-food origin and zootechnics.Sub-committee on Animal WelfareFields of CompetenceScientific and technical questions concerning the protection of animals, notably in regard to animal husbandry, herd management, transport, slaughter and experimentation.Scientific Committee on Veterinary Measures relating to Public Health Field of CompetenceScientific and technical questions concerning consumer health and food safety, and relating to zoonotic, toxicological, veterinary and notably hygiene measures applicable to the production, processing, and supply of food of animal origin.Scientific Committee on Plants Field of CompetenceScientific and technical questions relating to plants intended for human or animal consumption, production or processing of non-food products as regards characteristics liable to affect human or animal health or the environment, including the use of pesticides.Scientific Committee for Cosmetic Products, and Non-food Products intended for Consumers Field of CompetenceScientific and technical questions concerning consumer health relating to cosmetic products and non-food products intended for the consumer especially substances used in the preparation of these products, their composition, use as well as their types of packaging.Scientific Committee on Medicinal Products and Medical Devices Field of CompetenceScientific and technical questions relating to Community legislation concerning medicaments for human and veterinary use, without prejudice to the specific competences given to the Committee for Proprietary Medicinal Products and the Committee on Veterinary Medicinal Products (1) in the context of the evaluation of medicaments. Scientific and technical questions relating to Community legislation concerning medical materials and equipment.Scientific Committee for Toxicity, Ecotoxicity and the Environment Field of CompetenceScientific and technical questions relating to examinations of the toxicity and ecotoxicity of chemical, biochemical and biological compounds whose use may have harmful consequences for human health and the environment.(1) Committees established in the European Agency for the Evaluation of Medicinal Products.


title: Commission Decision (EU) 2017/1216 of 23 June 2017 establishing the EU Ecolabel criteria for dishwasher detergents (notified under document C(2017) 4240) (Text with EEA relevance. )

text:
                  12.7.2017

                  EN

                  Official Journal of the European Union

                  L 180/31

            COMMISSION DECISION (EU) 2017/1216
      of 23 June 2017
      establishing the EU Ecolabel criteria for dishwasher detergents

            (notified under document C(2017) 4240)

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

                  (1)

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

                  (2)

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

                  (3)

                  Commission Decision 2011/263/EU (2) has established the ecological criteria and the related assessment and verification requirements for dishwasher detergents, which are valid until 31 December 2016.

                  (4)

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

                  (5)

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

                  (6)

                  For reasons of legal certainty, Decision 2011/263/EU should be repealed.

                  (7)

                  A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for dishwasher detergents on the basis of the criteria set out in Decision 2011/263/EU, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements.

                  (8)

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

            HAS ADOPTED THIS DECISION:
      Article 1
      The product group ‘dishwasher detergents’ shall comprise any detergent for dishwashers or rinse aid falling under the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council (3) which is marketed and designed to be used exclusively in household dishwashers and in automatic dishwashers for professional use of the same size and usage as that of household dishwashers.
      Article 2
      For the purpose of this Decision, the following definitions shall apply:

                  (1)

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

                  (2)

                  ‘primary packaging’ means:

                              (a)

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

                              (b)

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

                  (3)

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

                              (a)

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

                              (b)

                              chemical modification of natural or synthetic macromolecules;

                              (c)

                              microbial fermentation;

                  (4)

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

            Article 3
      In order to be awarded the EU Ecolabel under Regulation (EC) No 66/2010, a dishwasher detergent or rinse aid shall fall within the product group ‘dishwasher detergents’, as defined in Article 1 of this Decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the Annex.
      Article 4
      The criteria for the product group ‘dishwasher detergents’ and the related assessment and verification requirements shall be valid for 6 years from the date of notification of this Decision.
      Article 5
      For administrative purposes the code number assigned to the product group ‘dishwasher detergents’ shall be ‘015’.
      Article 6
      Decision 2011/263/EU is repealed.
      Article 7
      1.   By derogation from Article 6, applications for the EU Ecolabel for products falling within the product group ‘dishwasher detergents’ submitted before the date of notification of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2011/263/EU.
      2.   Applications for the EU Ecolabel for products falling within the product group ‘dishwasher detergents’ submitted within 2 months from the date of notification of this Decision may be based either on the criteria set out in Decision 2011/263/EU or on the criteria set out in this Decision.
      Those applications shall be evaluated in accordance with the criteria on which they are based.
      3.   EU Ecolabel licences awarded in accordance with the criteria set out in Decision 2011/263/EU may be used for 12 months from the date of notification of this Decision.
      Article 8
      This Decision is addressed to the Member States.

         Done at Brussels, 23 June 2017.

               For the Commission

            Karmenu VELLA

               Member of the Commission

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

         (2)  Commission Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (OJ L 111, 30.4.2011, p. 22).

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

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

         ANNEX

            FRAMEWORK

            EU ECOLABEL CRITERIA

            Criteria for awarding the EU Ecolabel to dishwasher detergents

         CRITERIA

                     1.

                     Dosage requirements

                     2.

                     Toxicity to aquatic organisms

                     3.

                     Biodegradability

                     4.

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

                     5.

                     Excluded and restricted substances

                     6.

                     Packaging

                     7.

                     Fitness for use

                     8.

                     User information

                     9.

                     Information appearing on the EU Ecolabel

               ASSESSMENT AND VERIFICATION
         (a)   Requirements

         The specific assessment and verification requirements are indicated within each criterion.
         Where the applicant is required to provide to competent bodies with declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or their supplier(s), as appropriate.
         Competent bodies shall preferentially recognise attestations which are issued by bodies accredited in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. Accreditation shall be carried out in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1).
         Where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence.
         Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications or site visits.
         As a prerequisite, the product shall meet all applicable legal requirements of the country or countries in which the product is intended to be placed on the market. The applicant shall declare the product's compliance with this requirement.
         The ‘Detergent ingredient database’ list (DID list), available on the EU Ecolabel website, contains the most widely used ingoing substances in detergents and cosmetics formulations. It shall be used for deriving the data for the calculations of the critical dilution volume (CDV) and for the assessment of the biodegradability of the ingoing substances. For substances not present on the DID list, guidance is given on how to calculate or extrapolate the relevant data.
         The list of all ingoing substances shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the CAS No, the DID No, the ingoing quantity, the function and the form present in the final product formulation (including water-soluble foil, if used).
         Preservatives, fragrances and colouring agents shall be indicated regardless of concentration. Other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight.
         All ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word ‘nano’ written in brackets.
         For each ingoing substance listed, the safety data sheets (SDSs) in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) shall be provided. Where an SDS is not available for a single substance because it is part of a mixture, the applicant shall provide the SDS of the mixture.
         (b)   Measurement thresholds

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

            Table 1

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

                     Criterion name

                     Surfactants

                     Preservatives

                     Colouring agents

                     Fragrances

                     Other (e.g. enzymes)

                     Toxicity to aquatic organisms

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Biodegradability

                     Surfactants

                     ≥ 0,010

                     N/A

                     N/A

                     N/A

                     N/A

                     Organics

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Sustainable sourcing of palm oil

                     ≥ 0,010

                     N/A

                     N/A

                     N/A

                     ≥ 0,010

                     Excluded or limited substances

                     Specified excluded and limited subst.

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     Hazardous subst.

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     SVHCs

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     Fragrances

                     N/A

                     N/A

                     N/A

                     no limit (*1)

                     N/A

                     Preservatives

                     N/A

                     no limit (*1)

                     N/A

                     N/A

                     N/A

                     Colouring agents

                     N/A

                     N/A

                     no limit (*1)

                     N/A

                     N/A

                     Enzymes

                     N/A

                     N/A

                     N/A

                     N/A

                     no limit (*1)

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

                     Dishwasher detergent

                     Highest dosage recommended by the manufacturer to wash 12 normally soiled place settings under standard conditions (‘wash’), as laid down in EN 50242 (indicated in g/wash or ml/wash)

                     Rinse aid

                     3 ml/wash

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

            Criterion 1 — Dosage requirements

         The reference dosage shall not exceed the following amounts:

                     Product type

                     Dosage
                     (g/wash)

                     Single-function dishwasher detergent

                     19,0

                     Multi-function dishwasher detergent

                     21,0

               Rinse aids are exempted from this requirement.

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

            Criterion 2 — Toxicity to aquatic organisms

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

                     Product type

                     Limit CDV
                     (l/wash)

                     Single-function dishwasher detergents

                     22 500

                     Multi-function dishwasher detergents

                     27 000

                     Rinse aid

                     7 500

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

         Where:

                     dosage(i)

                     :

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

                     DF(i)

                     :

                     degradation factor for the substance (i);

                     TFchronic(i)

                     :

                     chronic toxicity factor for the substance (i).

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

            Criterion 3 — Biodegradability

         (a)   Biodegradability of surfactants

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

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

                     Product type

                     aNBO
                     (g/wash)

                     anNBO
                     (g/wash)

                     Dishwasher detergents

                     1,00

                     3,00

                     Rinse aids

                     0,15

                     0,50

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

                     (1)

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

                     (2)

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

                     (3)

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

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

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

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

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

            Criterion 5 — Excluded and restricted substances

         (a)   Specified excluded and restricted substances

         (i)   Excluded substances

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

                     —

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

                     —

                     Atranol,

                     —

                     Chloroatranol,

                     —

                     Diethylenetriaminepentaacetic acid (DTPA),

                     —

                     Ethylenediaminetetraacetic acid (EDTA) and its salts,

                     —

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

                     —

                     Glutaraldehyde,

                     —

                     Hydroxyisohexyl 3-cyclohexene carboxaldehyde (HICC),

                     —

                     Microplastics,

                     —

                     Nanosilver,

                     —

                     Nitromusks and polycyclic musks,

                     —

                     Phosphates,

                     —

                     Per-fluorinated alkylates,

                     —

                     Quaternary ammonium salts not readily biodegradable,

                     —

                     Reactive chlorine compounds,

                     —

                     Rhodamine B,

                     —

                     Sodium hydroxyl methyl glycinate,

                     —

                     Triclosan,

                     —

                     3-iodo-2-propynyl butylcarbamate.

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

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

                     —

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

                     —

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

                     —

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

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

                     —

                     0,20 g/wash for dishwasher detergents,

                     —

                     0,030 g/wash for rinse aids

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

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

                     (a)

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

                     (b)

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

                     (c)

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

               (b)   Hazardous substances

         (i)   Final product

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

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

            Table 2

            Restricted hazard classifications and their categorisation

                     Acute toxicity

                     Categories 1 and 2

                     Category 3

                     H300 Fatal if swallowed

                     H301 Toxic if swallowed

                     H310 Fatal in contact with skin

                     H311 Toxic in contact with skin

                     H330 Fatal if inhaled

                     H331 Toxic if inhaled

                     H304 May be fatal if swallowed and enters airways

                     EUH070 Toxic by eye contact

                     Specific target organ toxicity

                     Category 1

                     Category 2

                     H370 Causes damage to organs

                     H371 May cause damage to organs

                     H372 Causes damage to organs through prolonged or repeated exposure

                     H373 May cause damage to organs through prolonged or repeated exposure

                     Respiratory and skin sensitisation

                     Category 1A/1

                     Category 1B

                     H317 May cause allergic skin reaction

                     H317 May cause allergic skin reaction

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

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

                     Carcinogenic, mutagenic or toxic for reproduction

                     Categories 1A and 1B

                     Category 2

                     H340 May cause genetic defects

                     H341 Suspected of causing genetic defects

                     H350 May cause cancer

                     H351 Suspected of causing cancer

                     H350i May cause cancer by inhalation

                     H360F May damage fertility

                     H361f Suspected of damaging fertility

                     H360D May damage the unborn child

                     H361d Suspected of damaging the unborn child

                     H360FD May damage fertility. May damage the unborn child

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

                     H360Fd May damage fertility. Suspected of damaging the unborn child

                     H362 May cause harm to breast fed children

                     H360Df May damage the unborn child. Suspected of damaging fertility

                     Hazardous to the aquatic environment

                     Categories 1 and 2

                     Categories 3 and 4

                     H400 Very toxic to aquatic life

                     H412 Harmful to aquatic life with long-lasting effects

                     H410 Very toxic to aquatic life with long-lasting effects

                     H413 May cause long-lasting effects to aquatic life

                     H411 Toxic to aquatic life with long-lasting effects

                     Hazardous to the ozone layer

                     H420 Hazardous to the ozone layer

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

            Table 3

            Derogated substances

                     Substance

                     Hazard statement

                     Surfactants

                     H400 Very toxic to aquatic life

                     H412 Harmful to aquatic life with long-lasting effects

                     Subtilisin

                     H400 Very toxic to aquatic life

                     H411 Toxic to aquatic life with long-lasting effects

                     Enzymes (*2)

                     H317 May cause allergic skin reaction

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

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

                     H351 Suspected of causing cancer

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

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

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

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

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

                     (i)

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

                     (ii)

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

                     (iii)

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

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

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

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

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

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

            Criterion 6 — Packaging

         (a)   Weight/utility ratio (WUR)

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

                     Product type

                     WUR
                     (g/wash)

                     Dishwasher detergents

                     2,4

                     Rinse aids

                     1,5

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

            Assessment and verification: the applicant shall provide the calculation of the WUR of the product. If the product is sold in different packaging (i.e. with different volumes), the calculation shall be submitted for each packaging size for which the EU Ecolabel shall be awarded.
         The WUR is calculated as follows:

            WUR = Σ ((W
            i + U
            i)/(D
            i * R
            i))
         Where:

                     Wi

                     :

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

                     Ui

                     :

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

                     Di

                     :

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

                     Ri

                     :

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

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

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

            Table 4

            Materials and components excluded from packaging elements

                     Packaging element

                     Excluded materials and components (*4)

                     Label or sleeve

                                 —

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

                                 —

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

                                 —

                                 PETG label or sleeve in combination with a PET bottle

                                 —

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

                                 —

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

                                 —

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

                     Closure

                                 —

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

                                 —

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

                                 —

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

                                 —

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

                                 —

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

                                 —

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

                     Barrier coatings

                     Polyamide, functional polyolefins, metallised and light blocking barriers

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

            Criterion 7 — Fitness for use

         The product shall have a satisfactory cleaning performance at the lowest temperature and dosage recommended by the manufacturer for the water hardness in accordance with the most updated IKW standard test (6) or the most updated standard EN 50242/EN 60436 as modified in ‘Framework performance test for dishwasher detergents’ available on the EU Ecolabel website (7).

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

            Criterion 8 — User information

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

         The applicant shall take suitable steps to help consumers respect the recommended dosage, making available the dosing instructions and a convenient dosage system (e.g. caps).
         Dosage instructions shall include information on the recommended dosage for a standard load.
         (b)   Packaging disposal information

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

         A text shall appear on the primary packaging indicating the importance of using the correct dosage and the lowest recommended temperature in order to minimise energy and water consumption and reduce water pollution.

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

            Criterion 9 — Information appearing on the EU Ecolabel

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

                     —

                     Limited impact on the aquatic environment,

                     —

                     Restricted amount of hazardous substances,

                     —

                     Tested for cleaning performance.

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

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

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

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

               N/A
             not applicable

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

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

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

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

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

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

            (6)  Available at http://www.ikw.org/fileadmin/content/downloads/Haushaltspflege/HP_DishwasherA_B_e.pdf

            (7)  [URL for protocol on EU Ecolabel website will be inserted later — currently all proposed protocol documents can be found in the Technical Report].


Avis juridique important

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32000D0635

2000/635/EC: Council Decision of 9 October 2000 appointing a French member of the Committee of the Regions

Official Journal L 269 , 21/10/2000 P. 0048 - 0048

Council Decisionof 9 October 2000appointing a French member of the Committee of the Regions(2000/635/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Ms Dominique VLASTO, member, notified to the Council on 24 February 2000;Having regard to the proposal from the French Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jean-Pierre TESSEIRE is hereby appointed a member of the Committee of the Regions in place of Ms Dominique VLASTO for the remainder of her term of office, which runs until 25 January 2002.Done at Luxembourg, 9 October 2000.For the CouncilThe PresidentH. Védrine(1) OJ L 28, 4.2.1998, p. 19.


title: Mobilisation of the EU Solidarity Fund European Parliament resolution of 11 March 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0023 – C6-0040/2009 – 2009/2007(ACI))#ANNEX

text:
               1.4.2010

               EN

               Official Journal of the European Union

               CE 87/334

         Wednesday 11 March 2009Mobilisation of the EU Solidarity Fund
   P6_TA(2009)0103
   European Parliament resolution of 11 March 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0023 – C6-0040/2009 – 2009/2007(ACI))
   2010/C 87 E/51

      The European Parliament,

   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0023 – C6-0040/2009),
   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,
   having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Development (A6-0106/2009),

               1.

               Approves the decision annexed to this resolution;

               2.

               Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

               3.

               Instructs its President to forward this resolution, including its annex, to the Council and Commission.

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.

      Wednesday 11 March 2009ANNEX

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 11 March 2009
         on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
         having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), and in particular Article 4(3) thereof,
         having regard to the proposal from the Commission,
         Whereas:

                     (1)

                     The European Union has created a European Union Solidarity Fund (the “Fund”) to show solidarity with the population of regions struck by disasters.

                     (2)

                     The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

                     (3)

                     Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

                     (4)

                     Romania submitted an application to mobilise the Fund, concerning a disaster caused by floods. The Commission considers that the application meets the conditions set out in Article 2 of Regulation (EC) No 2012/2002, and therefore proposes to authorise the corresponding appropriations.

               HAVE DECIDED AS FOLLOWS:
         Article 1
         In the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 11 785 377 in commitment and payment appropriations.
         Article 2
         This Decision shall be published in the Official Journal of the European Union.

            Done at Strasbourg, 11 March 2009

                  For the European Parliament

                  The President

                  For the Council

                  The President

         (1)  OJ C 139, 14.6.2006, p. 1.

         (2)  OJ L 311, 14.11.2002, p. 3.