28.1.2012   

EN

Official Journal of the European Union

L 26/1

(1)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

(2)

Pursuant to Article 191 of the Treaty on the Functioning of the European Union, Union policy on the environment is based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay. Effects on the environment should be taken into account at the earliest possible stage in all the technical planning and decision-making processes.

(3)

The principles of the assessment of environmental effects should be harmonised, in particular with reference to the projects which should be subject to assessment, the main obligations of the developers and the content of the assessment. The Member States may lay down stricter rules to protect the environment.

(4)

In addition, it is necessary to achieve one of the objectives of the Union in the sphere of the protection of the environment and the quality of life.

(5)

The environmental legislation of the Union includes provisions enabling public authorities and other bodies to take decisions which may have a significant effect on the environment as well as on personal health and well-being.

(6)

General principles for the assessment of environmental effects should be laid down with a view to supplementing and coordinating development consent procedures governing public and private projects likely to have a major effect on the environment.

(7)

Development consent for public and private projects which are likely to have significant effects on the environment should be granted only after an assessment of the likely significant environmental effects of those projects has been carried out. That assessment should be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the public likely to be concerned by the project in question.

(8)

Projects belonging to certain types have significant effects on the environment and those projects should, as a rule, be subject to a systematic assessment.

(9)

Projects of other types may not have significant effects on the environment in every case and those projects should be assessed where the Member States consider that they are likely to have significant effects on the environment.

(10)

Member States may set thresholds or criteria for the purpose of determining which of such projects should be subject to assessment on the basis of the significance of their environmental effects. Member States should not be required to examine projects below those thresholds or outside those criteria on a case-by-case basis.

(11)

When setting such thresholds or criteria or examining projects on a case-by-case basis, for the purpose of determining which projects should be subject to assessment on the basis of their significant environmental effects, Member States should take account of the relevant selection criteria set out in this Directive. In accordance with the subsidiarity principle, the Member States are in the best position to apply those criteria in specific instances.

(12)

For projects which are subject to assessment, a certain minimal amount of information should be supplied, concerning the project and its effects.

(13)

It is appropriate to lay down a procedure in order to enable the developer to obtain an opinion from the competent authorities on the content and extent of the information to be elaborated and supplied for the assessment. Member States, in the framework of this procedure, may require the developer to provide, inter alia, alternatives for the projects for which it intends to submit an application.

(14)

The effects of a project on the environment should be assessed in order to take account of concerns to protect human health, to contribute by means of a better environment to the quality of life, to ensure maintenance of the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life.

(15)

It is desirable to lay down strengthened provisions concerning environmental impact assessment in a transboundary context to take account of developments at international level. The European Community signed the Convention on Environmental Impact Assessment in a Transboundary Context on 25 February 1991, and ratified it on 24 June 1997.

(16)

Effective public participation in the taking of decisions enables the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken.

(17)

Participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should accordingly be fostered, including, inter alia, by promoting environmental education of the public.

(18)

The European Community signed the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention) on 25 June 1998 and ratified it on 17 February 2005.

(19)

Among the objectives of the Aarhus Convention is the desire to guarantee rights of public participation in decision-making in environmental matters in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(20)

Article 6 of the Aarhus Convention provides for public participation in decisions on the specific activities listed in Annex I thereto and on activities not so listed which may have a significant effect on the environment.

(21)

Article 9(2) and (4) of the Aarhus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of Article 6 of that Convention.

(22)

However, this Directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process.

(23)

Furthermore, it may be appropriate in exceptional cases to exempt a specific project from the assessment procedures laid down by this Directive, subject to appropriate information being supplied to the Commission and to the public concerned.

(24)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(25)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex V, Part B,

(a)

‘project’ means:

(b)

‘developer’ means the applicant for authorisation for a private project or the public authority which initiates a project;

(c)

‘development consent’ means the decision of the competent authority or authorities which entitles the developer to proceed with the project;

(d)

‘public’ means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;

(e)

‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Article 2(2). For the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;

(f)

‘competent authority or authorities’ means that authority or those authorities which the Member States designate as responsible for performing the duties arising from this Directive.

(a)

consider whether another form of assessment would be appropriate;

(b)

make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it;

(c)

inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals.

(a)

human beings, fauna and flora;

(b)

soil, water, air, climate and the landscape;

(c)

material assets and the cultural heritage;

(d)

the interaction between the factors referred to in points (a), (b) and (c).

(a)

a case-by-case examination;

or

(b)

thresholds or criteria set by the Member State.

(a)

the Member States consider that the information is relevant to a given stage of the consent procedure and to the specific characteristics of a particular project or type of project and of the environmental features likely to be affected;

(b)

the Member States consider that a developer may reasonably be required to compile this information having regard, inter alia, to current knowledge and methods of assessment.

(a)

a description of the project comprising information on the site, design and size of the project;

(b)

a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(c)

the data required to identify and assess the main effects which the project is likely to have on the environment;

(d)

an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects;

(e)

a non-technical summary of the information referred to in points (a) to (d).

(a)

the request for development consent;

(b)

the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies;

(c)

details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;

(d)

the nature of possible decisions or, where there is one, the draft decision;

(e)

an indication of the availability of the information gathered pursuant to Article 5;

(f)

an indication of the times and places at which, and the means by which, the relevant information will be made available;

(g)

details of the arrangements for public participation made pursuant to paragraph 5 of this Article.

(a)

any information gathered pursuant to Article 5;

(b)

in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article;

(c)

in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (6), information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article.

(a)

a description of the project, together with any available information on its possible transboundary impact;

(b)

information on the nature of the decision which may be taken.

(a)

arrange for the information referred to in paragraphs 1 and 2 to be made available, within a reasonable time, to the authorities referred to in Article 6(1) and the public concerned in the territory of the Member State likely to be significantly affected; and

(b)

ensure that the authorities referred to in Article 6(1) and the public concerned are given an opportunity, before development consent for the project is granted, to forward their opinion within a reasonable time on the information supplied to the competent authority in the Member State in whose territory the project is intended to be carried out.

(a)

the content of the decision and any conditions attached thereto;

(b)

having examined the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about the public participation process;

(c)

a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects.

(a)

having a sufficient interest, or alternatively;

(b)

maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition;

28.1.2012   

EN

Official Journal of the European Union

L 26/22

28.1.2012   

EN

Official Journal of the European Union

L 26/23

(1)

Regulation (EC) No 689/2008 implements the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998 and approved, on behalf of the Community, by Council Decision 2003/106/EC (2).

(2)

Annex I to Regulation (EC) No 689/2008 should be amended to take into account regulatory action in respect of certain chemicals taken pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (3), Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (4) and 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 (5).

(3)

The substances dichlobenil, dicloran, ethoxyquin and propisochlor have not been included as active substances in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (6), with the effect that those substances are banned for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008. The addition of dichlobenil, dicloran, ethoxyquin and propisochlor to Annex I was suspended due to a new application for inclusion in Annex I to Directive 91/414/EEC submitted pursuant to Article 13 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (7). That new application resulted again in the decision not to include the substances dichlobenil, dicloran, ethoxyquin and propisochlor as active substances in Annex I to Directive 91/414/EEC with the effect that dichlobenil, dicloran, ethoxyquin and propisochlor remain banned for pesticide use and that the reason for suspending the addition to Annex I disappeared. Therefore, the substances dichlobenil, dicloran, ethoxyquin and propisochlor should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008.

(4)

The substance methyl bromide has not been included as an active substance in Annex I to Directive 91/414/EEC and methyl bromide has not been included as an active substance in Annex I, IA or IB to Directive 98/8/EC, with the effect that methyl bromide is banned for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008. The addition of methyl bromide to Annex I was suspended due to a new application for inclusion in Annex I to Directive 91/414/EEC submitted pursuant to Article 13 of Regulation (EC) No 33/2008. That new application resulted again in the decision not to include the substance methyl bromide as an active substance in Annex I to Directive 91/414/EEC with the effect that methyl bromide remains banned for pesticide use and that the reason for suspending the addition to Annex I disappeared. Therefore, the substance methyl bromide should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008.

(5)

The substance cyanamide has not been included as an active substance in Annex I to Directive 91/414/EEC, with the effect that cyanamide is severely restricted for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008 because virtually all use is prohibited despite the fact that cyanamide has been identified and notified for evaluation under Directive 98/8/EC and may thus continue to be authorised by Member States until a decision under that Directive is taken. The addition of cyanamide to Annex I was suspended due to a new application for inclusion in Annex I to Directive 91/414/EEC submitted pursuant to Article 13 of Regulation (EC) No 33/2008. That new application has been withdrawn by the applicant with the effect that the reason for suspending the addition to Annex I disappeared. Therefore, the substance cyanamide should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008.

(6)

The substance flurprimidol has not been included as an active substance in Annex I to Directive 91/414/EEC, with the effect that flurprimidol is banned for pesticide use and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EC) No 689/2008. The addition of flurprimidol to Part 2 of Annex I was suspended due to a new application for inclusion in Annex I to Directive 91/414/EEC submitted pursuant to Article 13 of Regulation (EC) No 33/2008. That new application resulted again in the decision not to include the substance flurprimidol as an active substance in Annex I to Directive 91/414/EEC with the effect that flurprimidol remains banned for pesticide use and that the reason for suspending the addition to Part 2 of Annex I disappeared. Therefore, the substance flurprimidol should be added to the list of chemicals contained in Part 2 of Annex I to Regulation (EC) No 689/2008.

(7)

The substance triflumuron has been included as an active substance in Annex I to Directive 91/414/EEC, with the effect that triflumuron is no longer banned for pesticide use. Consequently the active substance triflumuron should be deleted from Part 1 of Annex I to Regulation (EC) No 689/2008.

(8)

The substance triazoxide has been approved as an active substance in accordance with Regulation (EC) No 1107/2009, with the effect that triazoxide is no longer banned for pesticide use. Consequently the active substance triazoxide should be deleted from Part 1 of Annex I to Regulation (EC) No 689/2008.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006,

28.1.2012   

EN

Official Journal of the European Union

L 26/26

(1)

Regulation (EC) No 1234/2007 establishes a common organisation of agricultural markets which includes the fruit and vegetables and processed fruit and vegetables sectors. Article 103e(1) of Regulation (EC) No 1234/2007 provides that in regions of the Member States where the degree of organisation of producers in the fruit and vegetable sector is particularly low, Member States may be authorised by the Commission, on a duly substantiated request, to pay producer organisations national financial assistance equal to a maximum of 80% of the financial contributions referred to in Article 103b(1)(a) of that Regulation.

(2)

Article 91(1) of Commission Implementing Regulation (EU) No 543/2011 (2) provides that for the purposes of Article 103e(1) of Regulation (EC) No 1234/2007, the degree of organisation of producers in a region of a Member State is to be calculated as the value of fruit and vegetable production that was obtained in the region and marketed by producer organisations, associations of producer organisations and producer groups divided by the total value of the fruit and vegetable production that was obtained in that region. In order to ensure the correct use of the national assistance, it is appropriate to clarify the rules on the calculation of the degree of organisation.

(3)

Pursuant to the second subparagraph of Article 91(2) of Implementing Regulation (EU) No 543/2011 a region is to be considered as a distinct part of the territory of a Member State, as a result of its administrative, geographical or economic characteristics. For the purposes of consistency and verifiability, it is appropriate to clarify the definition of a region and to lay down a minimum period of time during which changes to the definition of a region are not allowed, unless objectively justified.

(4)

Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

(5)

The first subparagraph of Article 92(1) of Implementing Regulation (EU) No 543/2011 provides that requests to the Commission for the authorisation to grant national financial assistance for operational programmes to be implemented in any given calendar year are to be submitted by 31 January of that year. In order to allow the amended Article 91 of Implementing Regulation (EU) No 543/2011 to be applied in 2012, it is appropriate to provide for a derogation from the deadline provided for in the first subparagraph of Article 92(1) of that Implementing Regulation. Furthermore, a correction of requests sent before the entry into force of this Regulation should be provided for.

(6)

In order to ensure that requests for authorisation to grant national financial assistance for operational programmes to be implemented in 2012 can be submitted in accordance with the new rules, this Regulation should enter into force on the day following that of its publication. However, Article 95(1) of Implementing Regulation (EU) No 543/2011 also requires a request for Union reimbursement to be accompanied by evidence showing the degree of organisation of producers in the region concerned. This Regulation should therefore be without prejudice to requests for Union reimbursement in accordance with Article 95(1) of Implementing Regulation (EU) No 543/2011 of national financial assistance authorised by the Commission before the date of entry into force of this Regulation.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

28.1.2012   

EN

Official Journal of the European Union

L 26/28

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

28.1.2012   

EN

Official Journal of the European Union

L 26/30

(1)

Articles 11(2) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 provide that the Supervisory Committee of the European Anti-Fraud Office (OLAF) shall be composed of five independent outside persons who possess the qualifications required for appointment in their respective countries to senior posts relating to the Office’s areas of activity and that those persons shall be appointed by common accord of the European Parliament, the Council and the Commission;

(2)

According to Article 11(3), the term of office of the members of the Supervisory Committee shall be three years and shall be renewable once;

(3)

The members of the Supervisory Committee appointed with effect from 30 November 2005 have reached their maximum term of office. In accordance with Article 11(4) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999, these members remained in office after the expiry of their term of office, pending completion of the process of appointment of new members of the Supervisory Committee. New members should therefore be appointed as soon as possible,

—

Mr Herbert BÖSCH,

—

Mr Johan DENOLF,

—

Ms Catherine PIGNON,

—

Ms Rita SCHEMBRI,

—

Mr Christiaan TIMMERMANS.

—

Mr Jens MADSEN,

—

Ms Cristina NICOARĂ,

—

Mr Tuomas Henrik PÖYSTI,

—

Mr Dimitrios ZIMIANITIS.

28.1.2012   

EN

Official Journal of the European Union

L 26/32

(1)

According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

(2)

Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

(3)

Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

(4)

According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5)

The Netherlands has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

(6)

A successful pilot run has been carried out by the Netherlands with Germany.

(7)

An evaluation visit has taken place in the Netherlands and a report on the evaluation visit has been produced by the German evaluation team and forwarded to the relevant Council Working Group.

(8)

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

28.1.2012   

EN

Official Journal of the European Union

L 26/33

(1)

Council Decision 2005/231/EC (2) authorises Sweden to apply, until 31 December 2011, a reduced rate of excise duty to electricity consumed by households and service sector companies in certain areas in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.

(2)

By letter of 8 June 2011, Sweden requested authorisation to continue to apply a reduced rate of excise duty to electricity consumed by the same beneficiaries for a further period of 6 years, that is until 31 December 2017. The reduction is to be limited to SEK 96 per MWh.

(3)

In the areas concerned, the costs of heating are on average 25 % higher than in the rest of the country, due to the longer heating period. Reducing the costs of electricity for households and service sector companies in these areas therefore narrows the gap between overall costs of heating for consumers in the north of Sweden and those borne by consumers in the rest of the country. The measure therefore contributes to achieving regional and cohesion policy objectives. The measure moreover allows Sweden to apply an overall tax rate on electricity that is higher than what would otherwise be possible and therefore indirectly contributes to the achievement of environmental policy objectives.

(4)

The tax reduction should not exceed what is necessary to compensate for the additional costs of heating for households and service sector companies in the north of Sweden.

(5)

The reduced rates of taxation will be above the minimum rates laid down in Article 10 of Directive 2003/96/EC.

(6)

In view of the remote nature of the areas to which it applies, the fact that the reduction should not exceed the additional costs of heating in the north of Sweden and the limitation of the measure to households and service sector companies, the measure is not expected to lead to significant distortions of competition or changes in trade between Member States.

(7)

Consequently, the measure is acceptable from the point of view of the proper functioning of the internal market and of the need to ensure fair competition and it is compatible with the European Union’s health, environment, energy and transport policies.

(8)

In order to provide the businesses and consumers concerned with a sufficient degree of certainty, it is appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2017.

(9)

It should be ensured that the authorisation under Decision 2005/231/EC, which was granted for reasons similar to those referred to in this Decision, continues to apply, without creating a gap between the expiry of that Decision and the taking effect of this Decision,

28.1.2012   

EN

Official Journal of the European Union

L 26/35

(1)

Commission Decision 2009/251/EC (2) requires Member States to ensure that products containing the biocide dimethylfumarate (DMF) are not placed or made available on the market.

(2)

Decision 2009/251/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding 1 year, but allows it to be confirmed for additional periods none of which shall exceed 1 year.

(3)

The validity of Decision 2009/251/EC was extended by Commission Decisions 2010/153/EU (3) and 2011/135/EU (4) for additional periods of 1 year each. A permanent restriction on DMF in articles is currently being considered to be incorporated in Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5). As that measure will address the same concerns as Decision 2009/251/EC, for legal certainty, Decision 2009/251/EC should apply until the permanent restriction under Regulation (EC) No 1907/2006 enters into force.

(4)

In the light of the experience acquired so far and the absence of a permanent measure addressing consumer products containing DMF, it is necessary to extend the validity of Decision 2009/251/EC for a further 12 months.

(5)

Decision 2009/251/EC should be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 15 of Directive 2001/95/EC,

28.1.2012   

EN

Official Journal of the European Union

L 26/36

(1)

According to Article 6(6) of Regulation (EC) No 66/2010 the EU Ecolabel may not be awarded to goods containing substances or preparations/mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction in accordance with 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 (2). The EU Ecolabel may also not be awarded to goods containing substances referred to in Article 57 of 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 (3). According to Article 6(7) of Regulation (EC) No 66/2010, where it is not technically feasible to substitute those goods as such or via the use of alternative materials or designs, or in the case of products which have a significantly higher overall environmental performance compared with other goods of the same category, the Commission may adopt measures to grant derogations from Article 6(6) of that Regulation.

(2)

The Commission has adopted Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (4) and Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (5). After the adoption of those Decisions the important enzyme subtilisin, which is used in laundry detergents and detergents for dishwashers, was classified as R50 (Very toxic to aquatic life) in accordance with Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (6) and Annex VI to Regulation (EC) No 1272/2008, which prevents those laundry detergents and detergents for dishwashers from obtaining the EU Ecolabel.

(3)

This is new information that was not considered during the review of the EU Ecolabel criteria for laundry detergents and detergents for dishwashers and the considerations of derogations for enzymes. Decisions 2011/263/EU and 2011/264/EU should therefore be amended in order to take account of developments in enzymes classification in accordance with Annex I to Directive 67/548/EEC and Annex VI to Regulation (EC) No 1272/2008.

(4)

A transitional period should be provided for in order to give producers whose products have been awarded the Ecolabel for laundry detergents and detergents for dishwashers on the basis of the criteria set out in Commission Decisions 2003/31/EC (7) and 2003/200/EC (8) sufficient time to adapt their products to comply with the revised criteria and requirements and in order to compensate for suspension caused by this amendment.

(5)

Decisions 2011/263/EU and 2011/264/EU should therefore be amended accordingly,

28.1.2012   

EN

Official Journal of the European Union

L 26/38