title: Commission Decision (EU) 2017/1215 of 23 June 2017 establishing the EU Ecolabel criteria for industrial and institutional dishwasher detergents (notified under document C(2017) 4228) (Text with EEA relevance. )

text:
                  12.7.2017

                  EN

                  Official Journal of the European Union

                  L 180/16

            COMMISSION DECISION (EU) 2017/1215
      of 23 June 2017
      establishing the EU Ecolabel criteria for industrial and institutional dishwasher detergents

            (notified under document C(2017) 4228)

      (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 2012/720/EU (2) has established the ecological criteria and the related assessment and verification requirements for industrial and institutional dishwasher detergents, which are valid until 14 November 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 six years from the date of notification of this Decision, taking into account the innovation cycle for that product group. Those criteria aim at promoting products that have a reduced impact on aquatic ecosystems, contain a limited amount of hazardous substances, are effective at the recommended temperatures, and minimise waste production by reducing packaging.

                  (6)

                  For reasons of legal certainty, Decision 2012/720/EU should be repealed.

                  (7)

                  A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for industrial and institutional dishwasher detergents on the basis of the criteria set out in Decision 2012/720/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 ‘industrial and institutional dishwasher detergents’ shall comprise any dishwasher detergent, rinse or pre-soak agent 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 by specialised personnel in professional dishwashers.
      This product group includes multi-component systems comprised of more than one component used to build up a complete detergent. Multi-component systems may incorporate a number of products such as pre-soak and rinsing agents, and they shall be tested as a whole.
      This product group shall not comprise dishwasher detergents designed for household dishwashers, detergents intended to be used in washers of medical devices or in special machines for the food industry.
      Sprays not dosed via automatic pumps are excluded from this product group.
      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, if 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 e.g. 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 shall fall within the product group ‘industrial and institutional 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 ‘industrial and institutional dishwasher detergents’ and the related assessment and verification requirements shall be valid for six years from the date of notification of this Decision.
      Article 5
      For administrative purposes the code number assigned to the product group ‘industrial and institutional dishwasher detergents’ shall be ‘038’.
      Article 6
      Decision 2012/720/EU is repealed.
      Article 7
      1.   By derogation from Article 6, applications for the EU Ecolabel for products falling within the product group ‘industrial and institutional dishwasher detergents’ submitted before the date of notification of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2012/720/EU.
      2.   Applications for the EU Ecolabel for products falling within the product group ‘industrial and institutional automatic dishwasher detergents’ submitted within two months from the date of notification of this Decision may be based either on the criteria set out in Decision 2012/720/EU or on the criteria set out in this Decision. Those applications shall be evaluated in accordance with the criteria on which they are based.
      3.   EU Ecolabel licenses awarded in accordance with the criteria set out in Decision 2012/720/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 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Dishwasher Detergents (OJ L 326, 24.11.2012, p. 25).

         (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 industrial and institutional dishwasher detergents

         CRITERIA

                     1.

                     Toxicity to aquatic organisms

                     2.

                     Biodegradability

                     3.

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

                     4.

                     Excluded and restricted substances

                     5.

                     Packaging

                     6.

                     Fitness for use

                     7.

                     Automatic dosing systems

                     8.

                     User information

                     9.

                     Information appearing on the EU Ecolabel

               ASSESSMENT AND VERIFICATION
         (a)   Requirements

         The specific assessment and verification requirements are indicated within each criterion.
         Where the applicant is required to provide to the competent bodies with declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or their supplier(s), as appropriate.
         Competent bodies shall preferentially recognise attestations which are issued by bodies accredited in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. Accreditation shall be carried out in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1).
         Where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence.
         Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications or site visits.
         As a pre-requisite, the product shall meet all respective 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 and colouring agents shall be indicated regardless of concentration. Other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight.
         All ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word ‘nano’ written in brackets.
         For each ingoing substance listed, the Safety Data Sheets (SDS) in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) shall be provided. Where an SDS is not available for a single substance because it is part of a mixture, the applicant shall provide the SDS of the mixture.
         (b)   Measurement thresholds

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

            Table 1

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

                     Criterion name

                     Surfactants

                     Preservatives

                     Colouring agents

                     Other (e.g. enzymes)

                     Toxicity to aquatic organisms

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Biodegradability

                     Surfactants

                     ≥ 0,010

                     N/A

                     N/A

                     N/A

                     Organics

                     ≥ 0,010

                     no limit (*1)

                     no limit (*1)

                     ≥ 0,010

                     Sustainable sourcing of palm oil

                     ≥ 0,010

                     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)

                     Hazardous subst.

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     ≥ 0,010

                     SVHCs

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     no limit (*1)

                     Preservatives

                     N/A

                     no limit (*1)

                     N/A

                     N/A

                     Colouring agents

                     N/A

                     N/A

                     no limit (*1)

                     N/A

                     Enzymes

                     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:
         The highest dosage recommended by the manufacturer to produce 1 litre of washing solution (indicated in g/l of washing solution or ml/l of washing solution) for three degrees of water hardness (soft, medium, hard).

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

            Criterion 1 — Toxicity to aquatic organisms

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

                     Water hardness
                     Product type

                     Soft
                     (< 1,5 mmol CaCO3/l)
                     (l/l of washing solution)

                     Medium
                     (1,5-2,5 mmol CaCO3/l)
                     (l/l of washing solution)

                     Hard
                     (> 2,5 mmol CaCO3/l)
                     (l/l of washing solution)

                     Pre-soaks

                     2 000

                     2 000

                     2 000

                     Dishwasher detergents

                     3 000

                     5 000

                     7 000

                     Multi-component systems

                     3 000

                     4 000

                     5 000

                     Rinse aids

                     3 000

                     3 000

                     3 000

            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 2 — 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:

                        aNBO (g/l of washing solution)

                                 Water hardness
                                 Product type

                                 Soft
                                 < 1,5 mmol CaCO3/l

                                 Medium
                                 1,5-2,5 mmol CaCO3/l

                                 Hard
                                 > 2,5 mmol CaCO3/l

                                 Pre-soaks

                                 0,40

                                 0,40

                                 0,40

                                 Dishwasher detergents/Multi-component system

                                 0,40

                                 0,40

                                 0,40

                                 Rinse aids

                                 0,04

                                 0,04

                                 0,04

                        anNBO (g/l of washing solution)

                                 Water hardness
                                 Product type

                                 Soft
                                 < 1,5 mmol CaCO3/l

                                 Medium
                                 1,5-2,5 mmol CaCO3/l

                                 Hard
                                 > 2,5 mmol CaCO3/l

                                 Pre-soaks

                                 0,40

                                 0,40

                                 0,40

                                 Dishwasher detergents/Multi-component system

                                 0,60

                                 1,00

                                 1,00

                                 Rinse aids

                                 0,04

                                 0,04

                                 0,04

            Assessment and verification: the applicant shall provide documentation for the degradability of surfactants, as well as the calculation of aNBO and anNBO for the product. A spreadsheet for calculating aNBO and anNBO values is available on the EU Ecolabel website.
         For both the degradability of surfactants and the aNBO and anNBO values for organic compounds, reference shall be made to the most updated DID list.
         For ingoing substances that are not included in Part A of the DID list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically and anaerobically biodegradable shall be provided, as described in 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 3 — 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 organizations 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 4 — 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;

                     —

                     Per-fluorinated alkylates;

                     —

                     Quaternary ammonium salts not readily biodegradable;

                     —

                     Reactive chlorine compounds;

                     —

                     Rhodamine B;

                     —

                     Triclosan;

                     —

                     3-iodo-2-propynyl butylcarbamate.

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

                     Product type
                     (in g/l of washing solution)

                     Water hardness (mmol CaCO3/l)

                     Soft (< 1,5)

                     Medium (1,5-2,5)

                     Hard (> 2,5)

                     Pre-soaks

                     0,08

                     0,08

                     0,08

                     Dishwasher detergents

                     0,15

                     0,30

                     0,50

                     Rinse aids

                     0,02

                     0,02

                     0,02

                     Multicomponent system

                     0,17

                     0,32

                     0,52

            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.

               (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 sensitsers, 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 the 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 4

            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 (EC) No 1907/2006, which establishes the candidate list for substances of very high concern.

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

         Industrial and institutional dishwasher products shall not contain any fragrances.

            Assessment and verification: the applicant 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 5 — Packaging

         (a)   Packaging take-back systems

         If the product is delivered in packaging that is part of a take-back system for a product, that product is exempted from the requirements set out in points (b) and (c) of Criterion 5.

            Assessment and verification: the applicant shall provide a signed declaration of compliance along with relevant documentation describing or demonstrating that a take-back system has been put in place for the packaging.
         (b)   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.

                     Water hardness
                     Product type

                     Soft
                     < 1,5 mmol CaCO3/l
                     (g/l of washing solution)

                     Medium
                     1,5-2,5 mmol CaCO3/l
                     (g/l of washing solution)

                     Hard
                     > 2,5 mmol CaCO3/l
                     (g/l of washing solution)

                     Powders

                     0,8

                     1,4

                     2,0

                     Liquids

                     1,0

                     1,8

                     2,5

               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 ((Wi
             + Ui
            )/(Di
             * Ri
            ))
         Where:

                     Wi

                     :

                     weight (g) of the primary packaging (i)

                     Ui

                     :

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

                     Di

                     :

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

                     Ri

                     :

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

               The applicant shall provide a signed declaration of compliance confirming the content of post-consumer recycled material, along with relevant documentation. Packaging is regarded as post-consumer recycled if the raw material used to make the packaging has been collected from packaging manufacturers at the distribution stage or at the consumer stage.
         (c)   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 > 1 g/cm3 in combination with PEHD or PP bottle are exempted.

                                 —

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

                     Barrier coatings

                     Polyamide, functional polyolefins, metallised and light blocking barriers

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

            Criterion 6 — 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 ‘Framework performance test for industrial and institutional dishwasher detergents’ available on the EU Ecolabel website (5)

            Assessment and verification: the applicant shall provide documentation demonstrating that the product has been tested under the conditions specified in the 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 harmonized 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 7 — Automatic dosing systems

         For multi-component systems, the applicant shall ensure that the product is used with an automatic and controlled dosing system.
         In order to ensure correct dosage in the automatic dosing systems, customer visits shall be performed at all premises using the product, at least once a year during the license period, and they shall include calibration of the dosing equipment. A third party can perform these customer visits.

            Assessment and verification: the applicant shall provide a signed declaration of compliance along with a description of the content of customer visits, who is responsible for them and their frequency.

            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 following:

                     (a)

                        Dosing instructions

                     Dosage instructions shall include the dose in g or ml and/or a second or alternative metric (e.g. caps, spray actuations) and the impact of the water hardness on the dose.
                     This requirement does not apply for multicomponent products to be dosed with an automatic system
                     Indications of the most prevalent water hardness in the area where the product is intended to be marketed or where this information can be found shall be provided.

                     (b)

                        Packaging disposal information

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

                     (c)

                        Environmental information

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

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

            Criterion 9 — Information appearing on the EU Ecolabel

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

                     —

                     Limited impact on the aquatic environment;

                     —

                     Restricted amount of hazardous substances;

                     —

                     Tested for 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.

            (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)

            (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 the both BCF and log Kow values are available, the highest measured BCF value shall be used.

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

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

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

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


title: Decision No U4 of 13 December 2011 concerning the reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004 and Article 70 of Regulation (EC) No 987/2009  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               25.2.2012

               EN

               Official Journal of the European Union

               C 57/4

         DECISION No U4
   of 13 December 2011
   concerning the reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004 and Article 70 of Regulation (EC) No 987/2009
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2012/C 57/04
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009,
   Having regard to Article 65(6) and (7) of Regulation (EC) No 883/2004,
   Having regard to Article 70 of Regulation (EC) No 987/2009,
   Acting in accordance with the conditions laid down in the second subparagraph of Article 71(2) of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Regulation (EC) No 883/2004 introduces a reimbursement mechanism in Article 65 with the aim of providing for a fairer financial balance between Member States in the case of unemployed persons who reside in a Member State other than the competent State. The reimbursements shall compensate for the additional financial burden on the Member State of residence, which provides unemployment benefits under Article 65(5)(a) of Regulation (EC) No 883/2004 without having collected any contributions from the persons concerned during their last activity carried out in another Member State.

               (2)

               The unemployment benefits provided under Article 65(5)(a) of Regulation (EC) No 883/2004 by the Member State of residence within the prescribed period shall be reimbursed by the State to whose legislation the unemployed person was last subject regardless of eligibility conditions for unemployment benefits laid down by the legislation of the latter State.

               (3)

               While the fourth sentence of Article 65(6) of Regulation (EC) No 883/2004 allows for the period of export of benefits under paragraph 5(b) of the said Article to be deducted from the refundable period, other periods of receipt of unemployment benefits from the State of last activity of the person concerned (in particular, under Article 65(1) or under the last sentence of Article 65(2) of Regulation (EC) No 883/2004) shall not be deducted.

               (4)

               Commonly agreed best practices will contribute to a speedy and efficient settlement of refunds between the institutions.

               (5)

               There is a need for transparency and guidance for the institutions to ensure a unified and coherent application of EU provisions concerning reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004 and Article 70 of Regulation (EC) No 987/2009,

         HAS DECIDED AS FOLLOWS:
   I.   GENERAL PRINCIPLES OF THE REIMBURSEMENT PROCEDURE

               1.

               Where unemployment benefits have been provided to the person concerned under Article 65(5)(a) of Regulation (EC) No 883/2004 (hereinafter ‘Basic Regulation’) by his/her State of residence, the reimbursements provisions of paragraphs 6 and 7 of the said Article provide for the sharing of the financial burden between the State of residence (hereinafter ‘Creditor State’) and the State to whose legislation the unemployed person was last subject (hereinafter ‘Debtor State’).

               2.

               A claim for reimbursement may not be rejected on the grounds that the person concerned would not have qualified for unemployment benefits under the national legislation of the Debtor State.

               3.

               The Creditor State can claim reimbursement only if the person concerned has before becoming unemployed completed any periods of employment or self-employment in the Debtor State and where such periods are recognised for the purposes of unemployment benefits in the latter State.

         II.   DETERMINATION OF THE REFUNDABLE PERIOD

               1.

               The period of three or five months for which a reimbursement can be claimed, referred to in Article 65(6) and (7) of the Basic Regulation (hereinafter ‘refundable period’), shall start on the first day for which unemployment benefits are actually due. The refundable period shall end once the time limit stipulated in Article 65(6) and (7) of the Basic Regulation (three or five months) lapses, regardless of any reduction, suspension or withdrawal of entitlement or payment of benefit within the said period under the legislation of the Creditor State.

               2.

               A new claim for reimbursement can only be made once the person concerned satisfies the conditions under the legislation of the Creditor State in accordance with Article 65(5)(a) of the Basic Regulation for a new entitlement to benefit where this entitlement is not a continuation of a former decision for awarding unemployment benefits.

               3.

               Notwithstanding the fourth sentence of Article 65(6) of the Basic Regulation, no other periods of receipt of unemployment benefits paid pursuant to the legislation of the Debtor State shall be deducted from the refundable period.

         III.   EXTENSION OF THE REFUNDABLE PERIOD UNDER ARTICLE 65(7) OF THE BASIC REGULATION

               1.

               The refundable period shall under Article 65(7) of the Basic Regulation be extended to five months, provided that the person concerned has completed at least 12 months of employment or self-employment recognised for the purposes of unemployment benefits during the 24 months preceding the day for which unemployment benefits are actually due.

               2.

               The extension of the refundable period under Article 65(7) of the Basic Regulation may not be rejected on the grounds that the person concerned would not qualify for unemployment benefits under the national legislation of the Debtor State.

         IV.   ESTABLISHING THE MAXIMUM AMOUNT OF THE REIMBURSEMENT UNDER ARTICLE 70 OF REGULATION (EC) No 987/2009 (HEREINAFTER ‘IMPLEMENTING REGULATION’)

               1.

               The maximum amount of reimbursement applicable between the Member States listed in Annex 5 to the Implementing Regulation and referred to in the last sentence of Article 70 of the said Regulation shall be notified to the Administrative Commission within six months of the end of the calendar year in question. The notification shall be made by each Member State listed in Annex 5 and contain the maximum amount valid for the calendar year in question as well as a description of the method used for the calculation of the amount.

         V.   MISCELLANEOUS PROVISIONS

               1.

               Where a claim for reimbursement has been notified to the Debtor State, any subsequent change of the amount of unemployment benefit subject to reimbursement made retroactively in accordance with the legislation of the Creditor State shall have no effect on the claim notified by the Creditor State.

               2.

               The ‘full amount’ of the benefits provided by the institution of the place of residence (second sentence of Article 65(6) Basic Regulation) comprises total cost of unemployment benefits incurred by the Creditor State before any deductions (gross amount).

         VI.   FINAL PROVISIONS

               1.

               The reimbursement provisions under Article 65(6) and (7) of the Basic Regulation shall only concern the benefits granted on the basis of Article 65(5)(a) of the Basic Regulation.

               2.

               When applying the reimbursement procedures, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility.

               3.

               This Decision shall be published in the Official Journal of the European Union.

               4.

               This Decision shall apply from the first day of the second month after its publication for all claims for reimbursement which have not yet been settled before that date.

            The Chair of the Administrative Commission

         Elżbieta ROŻEK


title: 2010/294/: Council Decision of 10 May 2010 on the European Capital of Culture event for the year 2014

text:
               22.5.2010

               EN

               Official Journal of the European Union

               L 126/24

         COUNCIL DECISION
   of 10 May 2010
   on the European Capital of Culture event for the year 2014
   (2010/294/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,
   Having regard to the Selection Panel reports of September 2009 regarding the selection process of the European Capitals of Culture in Sweden and Latvia respectively and the positive opinion issued by the European Parliament,
   Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,
   Having regard to the recommendation from the Commission of the 23 April 2010,
   HAS ADOPTED THIS DECISION:
   Sole Article
   Umeå (Sweden) and Riga (Latvia) are designated as ‘European Capital of Culture 2014’.

      Done at Brussels, 10 May 2010.

            For the Council

            The President

         Á. GONZÁLEZ-SINDE REIG

      (1)  OJ L 304, 3.11.2006, p. 1.


Important legal notice

|

2013/106/EU: European Council Decision of 11 May 2012 on the examination by a conference of representatives of the governments of the Member States of the amendment to the Treaties proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and not to convene a Convention - Protocol on the concerns of the Irish people on the Treaty of Lisbon

Official Journal L 060 , 02/03/2013 P. 0129 - 0139

		European Council Decisionof 11 May 2012on the examination by a conference of representatives of the governments of the Member States of the amendment to the Treaties proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and not to convene a Convention(2013/106/EU)THE EUROPEAN COUNCIL,Having regard to the Treaty on European Union, and in particular Article 48(3) thereof,Having regard to the proposal for the amendment of the Treaties submitted to the Council by the Irish Government on 20 July 2011 and submitted to the European Council by the Council on 12 October 2011,Having regard to the consent of the European Parliament not to convene a Convention [1],Having regard to the opinion of the European Parliament [2],After notification of the proposal to the national parliaments,Having regard to the opinion of the European Commission [3],Whereas:(1) On 18- 19 June 2009, the Heads of State or Government of the 27 Member States of the European Union, meeting within the European Council, adopted a Decision on the concerns of the Irish people on the Treaty of Lisbon and declared that, at the time of the conclusion of the next accession Treaty, they would set out the provisions of that Decision in a protocol to be annexed, in accordance with their respective constitutional requirements, to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).(2) On 20 July 2011, the Irish Government submitted, in accordance with the first sentence of Article 48(2) TEU, a proposal for the amendment of the Treaties in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon.(3) On 12 October 2011, in accordance with the third sentence of Article 48(2) TEU, the proposal of the Irish Government was submitted by the Council to the European Council. It was also notified to the national parliaments.(4) At its meeting on 23 October 2011, the European Council decided, in accordance with the first subparagraph of Article 48(3) TEU, to consult the European Parliament and the Commission on the proposed amendments. It also decided, in accordance with the second subparagraph of Article 48(3) TEU, to request the consent of the European Parliament not to convene a Convention given that, in its view, the convening of such Convention was not justified by the extent of the proposed amendments.(5) On 18 April 2012, the European Parliament adopted a favourable opinion on the proposed amendments. It also gave its consent not to convene a Convention on account of this not being justified by the extent of the proposed amendments. On 4 May 2012, the Commission adopted a favourable opinion on the proposed amendments.(6) Therefore, it is appropriate that, in accordance with the second subparagraph of Article 48(3) TEU, the European Council decide that a conference of representatives of the governments of the Member States should examine the amendments proposed by the Irish Government, define the terms of reference of the conference and decide not to convene a Convention,HAS ADOPTED THIS DECISION:Article 1The European Council hereby decides that a conference of representatives of the governments of the Member States shall examine the amendments proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, in the wording as attached to this Decision, which will constitute the terms of reference of the said conference. In view of the extent of the proposed amendments, a Convention under Article 48(3) of the Treaty on European Union shall not be convened.Article 2This Decision shall enter into force on the day of its adoption.Done at Brussels, 11 May 2012.For the European CouncilThe PresidentH. van Rompuy[1] Consent of 18 April 2012 (not yet published in the Official Journal).[2] Opinion of 18 April 2012 (not yet published in the Official Journal).[3] Opinion of 4 May 2012 (not yet published in the Official Journal).--------------------------------------------------Protocolon the concerns of the Irish people on the Treaty of LisbonTHE KINGDOM OF BELGIUM,THE REPUBLIC OF BULGARIA,THE CZECH REPUBLIC,THE KINGDOM OF DENMARK,THE FEDERAL REPUBLIC OF GERMANY,THE REPUBLIC OF ESTONIA,IRELAND,THE HELLENIC REPUBLIC,THE KINGDOM OF SPAIN,THE FRENCH REPUBLIC,THE ITALIAN REPUBLIC,THE REPUBLIC OF CYPRUS,THE REPUBLIC OF LATVIA,THE REPUBLIC OF LITHUANIA,THE GRAND DUCHY OF LUXEMBOURG,HUNGARY,MALTA,THE KINGDOM OF THE NETHERLANDS,THE REPUBLIC OF AUSTRIA,THE REPUBLIC OF POLAND,THE PORTUGUESE REPUBLIC,ROMANIA,THE REPUBLIC OF SLOVENIA,THE SLOVAK REPUBLIC,THE REPUBLIC OF FINLAND,THE KINGDOM OF SWEDEN,THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,hereinafter referred to as "THE HIGH CONTRACTING PARTIES",RECALLING the Decision of the Heads of State or Government of the 27 Member States of the European Union, meeting within the European Council, on 18- 19 June 2009, on the concerns of the Irish people on the Treaty of Lisbon;RECALLING the declaration of the Heads of State or Government, meeting within the European Council, on 18- 19 June 2009, that they would, at the time of the conclusion of the next Accession Treaty, set out the provisions of that Decision in a Protocol to be attached, in accordance with their respective constitutional requirements, to the Treaty on European Union and the Treaty on the Functioning of the European Union;NOTING the signature by the High Contracting Parties of the Treaty between the High Contracting Parties and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union;HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:TITLE IRIGHT TO LIFE, FAMILY AND EDUCATIONArticle 1Nothing in the Treaty of Lisbon attributing legal status to the Charter of Fundamental Rights of the European Union, or in the provisions of that Treaty in the area of Freedom, Security and Justice affects in any way the scope and applicability of the protection of the right to life in Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family in Article 41 and the protection of the rights in respect of education in Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution of Ireland.TITLE IITAXATIONArticle 2Nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the competence of the European Union in relation to taxation.TITLE IIISECURITY AND DEFENCEArticle 3The Union’s action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.The Union’s common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality.It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory.Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence.Nothing in this Title affects or prejudices the position or policy of any other Member State on security and defence.It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency.The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation.It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities.It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.TITLE IVFINAL PROVISIONSArticle 4This Protocol shall remain open for signature by the High Contracting Parties until 30 June 2012.This Protocol shall be ratified by the High Contracting Parties, and by the Republic of Croatia in the event that this Protocol has not entered into force by the date of accession of the Republic of Croatia to the European Union, in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.This Protocol shall enter into force if possible on 30 June 2013, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last Member State to take this step.Article 5This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the governments of the other Member States.Once the Republic of Croatia has become bound by this Protocol pursuant to Article 2 of the Act concerning the conditions of accession of the Republic of Croatia, the Croatian text of this Protocol, which shall be equally authentic to the texts referred to in the first paragraph, shall also be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the governments of the other Member States.IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.Съставено в Брюксел на тринадесети юни две хиляди и дванадесета година.Hecho en Bruselas, el trece de junio de dos mil doce.V Bruselu dne třináctého června dva tisíce dvanáct.Udfærdiget i Bruxelles den trettende juni to tusind og tolv.Geschehen zu Brüssel am dreizehnten Juni zweitausendzwölf.Kahe tuhande kaheteistkümnenda aasta juunikuu kolmeteistkümnendal päeval Brüsselis.Έγινε στις Βρυξέλλες, στις δέκα τρεις Ιουνίου δύο χιλιάδες δώδεκα.Done at Brussels on the thirteenth day of June in the year two thousand and twelve.Fait à Bruxelles, le treize juin deux mille douze.Arna dhéanamh sa Bhruiséil, an tríú lá déag de Mheitheamh an bhliain dhá mhíle agus a dó dhéag.Fatto a Bruxelles, addì tredici giugno duemiladodici.Briselē, divi tūkstoši divpadsmitā gada trīspadsmitajā jūnijā.Priimta du tūkstančiai dvyliktų metų birželio tryliktą dieną Briuselyje.Kelt Brüsszelben, a kétezer-tizenkettedik év június havának tizenharmadik napján.Magħmul fi Brussell, fit- tlettax-il jum ta’ Ġunju tas-sena elfejn u tnax.Gedaan te Brussel, de dertiende juni tweeduizend twaalf.Sporządzono w Brukseli dnia trzynastego czerwca roku dwa tysiące dwunastego.Feito em Bruxelas, em treze de junho de dois mil e doze.Întocmit la Bruxelles la treisprezece iunie două mii doisprezece.V Bruseli dňa trinásteho júna dvetisícdvanásť.V Bruslju, dne trinajstega junija leta dva tisoč dvanajst.Tehty Brysselissä kolmantenatoista päivänä kesäkuuta vuonna kaksituhattakaksitoista.Som skedde i Bryssel den trettonde juni tjugohundratolv.Voor het Koninkrijk BelgiëPour le Royaume de BelgiqueFür das Königreich Belgien+++++ TIFF +++++Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallone, la Région flamande et la Région de Bruxelles-Capitale.Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.За Република България+++++ TIFF +++++Za Českou republiku+++++ TIFF +++++For Kongeriget Danmark+++++ TIFF +++++Für die Bundesrepublik Deutschland+++++ TIFF +++++Eesti Vabariigi nimel+++++ TIFF +++++Thar cheann Na hÉireannFor Ireland+++++ TIFF +++++Για την Ελληνική Δημοκρατία+++++ TIFF +++++Por el Reino de España+++++ TIFF +++++Pour la République française+++++ TIFF +++++Per la Repubblica italiana+++++ TIFF +++++Για την Κυπριακή Δημοκρατία+++++ TIFF +++++Latvijas Republikas vārdā –+++++ TIFF +++++Lietuvos Respublikos vardu+++++ TIFF +++++Pour le Grand-Duché de Luxembourg+++++ TIFF +++++Magyarország részéről+++++ TIFF +++++Għal Malta+++++ TIFF +++++Voor het Koninkrijk der Nederlanden+++++ TIFF +++++Für die Republik Österreich+++++ TIFF +++++W imieniu Rzeczypospolitej Polskiej+++++ TIFF +++++Pela República Portuguesa+++++ TIFF +++++Pentru România+++++ TIFF +++++Za Republiko Slovenijo+++++ TIFF +++++Za Slovenskú republiku+++++ TIFF +++++Suomen tasavallan puolestaFör Republiken Finland+++++ TIFF +++++För Konungariket Sverige+++++ TIFF +++++For the United Kingdom of Great Britain and Northern Ireland+++++ TIFF +++++--------------------------------------------------


title: Council Decision (EU) 2017/443 of 6 March 2017 establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 3, 4, 6, 7, 13, 19, 23, 27, 28, 38, 39, 43, 45, 50, 69, 70, 73, 75, 77, 79, 83, 87, 91, 98, 99, 101, 104, 107, 109, 110, 112, 118, 119, 123 and 138, and one proposal for amending the Consolidated Resolution on the Construction of Vehicles (R.E.3) by guidelines on cyber security and data protection

text:
               14.3.2017

               EN

               Official Journal of the European Union

               L 67/82

         COUNCIL DECISION (EU) 2017/443
   of 6 March 2017
   establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 3, 4, 6, 7, 13, 19, 23, 27, 28, 38, 39, 43, 45, 50, 69, 70, 73, 75, 77, 79, 83, 87, 91, 98, 99, 101, 104, 107, 109, 110, 112, 118, 119, 123 and 138, and one proposal for amending the Consolidated Resolution on the Construction of Vehicles (R.E.3) by guidelines on cyber security and data protection
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with Council Decision 97/836/EC (1), the Union acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to, and/or be used on, wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of those prescriptions (the ‘Revised 1958 Agreement’).

               (2)

               In accordance with Council Decision 2000/125/EC (2), the Union acceded to the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (the ‘Parallel Agreement’).

               (3)

               Directive 2007/46/EC of the European Parliament and of the Council (3) replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UN Regulations adopted under the Revised 1958 Agreement in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of that Directive, such UN regulations have increasingly been incorporated into Union legislation in the framework of the EU type-approval.

               (4)

               In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 3, 4, 6, 7, 13, 19, 23, 27, 28, 38, 39, 43, 45, 50, 69, 70, 73, 75, 77, 79, 83, 87, 91, 98, 99, 101, 104, 107, 109, 110, 112, 118, 119, 123 and 138, need to be adapted to technical progress.

               (5)

               In order to lay down uniform provisions concerning the construction of vehicles, the Consolidated Resolution on the Construction of Vehicles (R.E.3) should be amended by guidelines on cyber security and data protection, without hindering the ongoing development done at Union level in the framework of cooperative, connected and automated driving.

               (6)

               It is appropriate to establish the position to be adopted on behalf of the Union within the relevant Committees of the UNECE, namely the Administrative Committee of the Revised 1958 Agreement and the Executive Committee of the Parallel Agreement, as regards the adoption of those UN acts,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Union within the Administrative Committee of the Revised 1958 Agreement and the Executive Committee of the Parallel Agreement during the period from 13 to 17 March 2017 shall be to vote in favour of the proposals listed in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 March 2017.

            For the Council

            The President

         R. GALDES

      (1)  Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).

      (2)  Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) (OJ L 35, 10.2.2000, p. 12).

      (3)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

      ANNEX

                  Agenda item title

                  Document reference

                  Proposal for Supplement 17 to the 02 series of amendments to Regulation No 3 (Retro-reflecting devices)

                  ECE/TRANS/WP.29/2017/19

                  Proposal for Supplement 18 to Regulation No 4 (Illumination of rear registration plates)

                  ECE/TRANS/WP.29/2017/20

                  Proposal for Supplement 27 to the 01 series of amendments to Regulation No 6 (Direction indicators)

                  ECE/TRANS/WP.29/2017/21

                  Proposal for Supplement 26 to the 02 series of amendments to Regulation No 7 (Position, stop and end-outline lamps)

                  ECE/TRANS/WP.29/2017/22

                  Proposal for Corrigendum 2 to Revision 8 to Regulation No 13 (Heavy vehicle braking)

                  ECE/TRANS/WP.29/2017/45

                  Proposal for Supplement 9 to the 04 series of amendments to Regulation No 19 (Front fog lamps)

                  ECE/TRANS/WP.29/2017/23

                  Proposal for Supplement 21 to Regulation No 23 (Reversing lamps)

                  ECE/TRANS/WP.29/2017/24

                  Proposal for Supplement 1 to the 04 series of amendments to Regulation No 27 (Advance warning triangles)

                  ECE/TRANS/WP.29/2017/25

                  Proposal for Supplement 5 to Regulation No 28 (Audible warning devices)

                  ECE/TRANS/WP.29/2017/3

                  Proposal for Supplement 18 to Regulation No 38 (Rear fog lamps)

                  ECE/TRANS/WP.29/2017/26

                  Proposal for Supplement 1 to the 01 series of amendments to Regulation No 39 (Speedometer and odometer)

                  ECE/TRANS/WP.29/2017/11

                  Proposal for Supplement 5 to the 01 series of amendments to Regulation No 43 (Safety glazing)

                  ECE/TRANS/WP.29/2017/12

                  Proposal for Supplement 11 to the 01 series of amendments to Regulation No 45 (Headlamp cleaners)

                  ECE/TRANS/WP.29/2017/27

                  Proposal for Supplement 19 to Regulation No 50 (Position, stop, direction indicator lamps for mopeds and motorcycles)

                  ECE/TRANS/WP.29/2017/28

                  Proposal for Supplement 6 to the 01 series of amendments to Regulation No 69 (Rear-marking plates for slow moving vehicles)

                  ECE/TRANS/WP.29/2017/30

                  Proposal for Supplement 10 to the 01 series of amendments to Regulation No 70 (Rear-marking plates for heavy and long vehicles)

                  ECE/TRANS/WP.29/2017/31

                  Proposal for Supplement 1 to the 01 series of amendments to Regulation No 73 (Lateral protection devices)

                  ECE/TRANS/WP.29/2017/17

                  Proposal for Supplement 16 to Regulation No 75 (Tyres for L-category vehicles)

                  ECE/TRANS/WP.29/2017/8

                  Proposal for Supplement 17 to Regulation No 77 (Parking lamps)

                  ECE/TRANS/WP.29/2017/32

                  Proposal for Supplement 6 to the 01 series of amendments to Regulation No 79 (Steering equipment)

                  ECE/TRANS/WP.29/2017/10 + GRRF-83-08-Rev.3

                  Proposal for Supplement 9 to the 06 series of amendments to Regulation No 83 (Emissions of M1 and N1 vehicles)

                  ECE/TRANS/WP.29/2017/42

                  Proposal for Supplement 5 to the 07 series of amendments to Regulation No 83 (Emissions of M1 and N1 vehicles)

                  ECE/TRANS/WP.29/2017/43

                  Proposal for Supplement 19 to Regulation No 87 (Daytime running lamps)

                  ECE/TRANS/WP.29/2017/33

                  Proposal for Supplement 16 to Regulation No 91 (Side-marker lamps)

                  ECE/TRANS/WP.29/2017/34

                  Proposal for Supplement 8 to the 01 series of amendments to Regulation No 98 (Headlamps with gas-discharge light sources)

                  ECE/TRANS/WP.29/2017/35

                  Proposal for Supplement 13 to Regulation No 99 (Gas-discharge light sources)

                  ECE/TRANS/WP.29/2017/36

                  Proposal for Supplement 7 to the 01 series of amendments to Regulation No 101 (CO2 emissions/fuel consumption)

                  ECE/TRANS/WP.29/2017/44

                  Proposal for Supplement 9 to Regulation No 104 (Retro-reflective markings)

                  ECE/TRANS/WP.29/2017/37

                  Proposal for Corrigendum 2 to the 06 series of amendments to Regulation No 107 (M2 and M3 vehicles)

                  ECE/TRANS/WP.29/2017/13

                  Proposal for Corrigendum 1 to the 07 series of amendments to Regulation No 107 (M2 and M3 vehicles)

                  ECE/TRANS/WP.29/2017/14

                  Proposal for Supplement 8 to Regulation No 109 (Retreaded tyres for commercial vehicles and their trailers)

                  ECE/TRANS/WP.29/2017/9

                  Proposal for Supplement 6 to the 01 series of amendments to Regulation No 110 (CNG and LNG vehicles)

                  ECE/TRANS/WP.29/2017/15

                  Proposal for Supplement 7 to the 01 series of amendments to Regulation No 112 (Headlamps emitting an asymmetrical passing-beam)

                  ECE/TRANS/WP.29/2017/38

                  Proposal for Supplement 3 to the 02 series of amendments to Regulation No 118 (Burning behaviour of materials)

                  ECE/TRANS/WP.29/2017/16

                  Proposal for the 03 series of amendments to Regulation No 118 (Burning behaviour of materials)

                  ECE/TRANS/WP.29/2017/18

                  Proposal for Supplement 5 to the 01 series of amendments to Regulation No 119 (Cornering lamps)

                  ECE/TRANS/WP.29/2017/40

                  Proposal for Supplement 8 to the 01 series of amendments to Regulation No 123 (Adaptive front-lighting systems (AFS))

                  ECE/TRANS/WP.29/2017/41

                  Proposal for Supplement 1 to Regulation No 138 (Quiet Road Transport Vehicles (QRTV))

                  ECE/TRANS/WP.29/2017/6

                  Proposal for the 01 series of amendments to Regulation No 138 (Quiet Road Transport Vehicles (QRTV))

                  ECE/TRANS/WP.29/2017/7

                  Proposal for draft guidelines on cyber security and data protection

                  ECE/TRANS/WP.29/2017/46


               21.6.2016

               EN

               Official Journal of the European Union

               C 224/39

         P8_TA(2014)0003
   Appointment of four Members of the Commission
   European Parliament decision of 16 July 2014 approving the appointment of Jyrki Katainen, Jacek Dominik, Ferdinando Nelli Feroci and Martine Reicherts as Members of the Commission (C8-0030/2014 — 2014/0803(NLE), C8-0083/2014 — 2014/0804(NLE), C8-0084/2014 — 2014(0805(NLE), C8-0085/2014 — 2014/0806(NLE))
   (2016/C 224/12)

      The European Parliament,

               —

               having regard to the second paragraph of Article 246 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to point 6 of the Framework Agreement on relations between the European Parliament and the European Commission (1),

               —

               having regard to the resignation of Olli Rehn, Janusz Lewandowski, Antonio Tajani and Viviane Reding as Members of the Commission, with effect from 30 June 2014,

               —

               having regard to the Council's letters of 20 June and 2 July 2014, whereby the Council consulted Parliament on a decision, to be taken by common accord with the President of the Commission, on the appointment of four Members of the Commission (C8-0030/2014, C8-0083/2014, C8-0084/2014, C8-0085/2014),

               —

               having regard to the hearings of the Commissioners-designate on 14 July 2014, led by the Committee on Economic and Monetary Affairs, the Committee on Budgets with the association of the Committee on Budgetary Control, the Committee on Industry, Research and Energy and the Committee on Civil Liberties, Justice and Home Affairs with the association of the Committee on Legal Affairs and the Committee on Women’s Rights and Gender Equality, and to the statements of evaluation drawn up following those hearings;

               —

               having regard to Rule 118 of, and Annex XVI to, its Rules of Procedure,

               1.

               Approves the appointment of Jyrki Katainen, Jacek Dominik, Ferdinando Nelli Feroci and Martine Reicherts as Members of the Commission for the remainder of the Commission’s term of office until 31 October 2014;

               2.

               Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

      (1)  OJ L 304, 20.11.2010, p. 47.