ISSN 1977-0677

doi:10.3000/19770677.L_2013.145.eng

Official Journal

of the European Union

L 145

European flag  

English edition

Legislation

Volume 56
31 May 2013


Contents

 

I   Legislative acts

page

 

 

DIRECTIVES

 

*

Directive 2013/14/EU of the European Parliament and of the Council of 21 May 2013 amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of over-reliance on credit ratings ( 1 )

1

 

 

II   Non-legislative acts

 

 

REGULATIONS

 

 

Commission Implementing Regulation (EU) No 499/2013 of 30 May 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

4

 

 

DECISIONS

 

 

2013/250/EU

 

*

Commission Decision of 21 May 2013 establishing the ecological criteria for the award of the EU Ecolabel for sanitary tapware (notified under document C(2013) 2826)  ( 1 )

6

 

 

2013/251/EU

 

*

Commission Implementing Decision of 27 May 2013 establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency vaccination plans against bluetongue in Portugal in 2007 and 2008 (notified under document C(2013) 2864)

31

 

 

2013/252/EU

 

*

Commission Implementing Decision of 27 May 2013 establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency vaccination plans against bluetongue in Denmark in 2007 and 2008 (notified under document C(2013) 2865)

33

 

 

2013/253/EU

 

*

Commission Implementing Decision of 29 May 2013 amending Decision 2006/473/EC as regards the recognition of certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) (notified under document C(2013) 3057)

35

 

 

Corrigenda

 

*

Corrigendum to Commission Implementing Regulation (EU) No 469/2013 of 22 May 2013 concerning the authorisation of DL-methionine, DL-methionine sodium salt, hydroxy analogue of methionine, calcium salt of hydroxy analogue of methionine, isopropyl ester of hydroxy analogue of methionine, DL-methionine protected with copolymer vinylpyridine/styrene and DL-methionine protected with ethylcellulose as feed additives (OJ L 136, 23.5.2013)

37

 

 

 

*

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (see page 3 of the cover)

s3

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Legislative acts

DIRECTIVES

31.5.2013   

EN

Official Journal of the European Union

L 145/1


DIRECTIVE 2013/14/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 May 2013

amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of over-reliance on credit ratings

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1)

Directive 2003/41/EC of the European Parliament and of the Council (4) provides for regulation at Union level of institutions for occupational retirement provision (IORPs). Directive 2009/65/EC of the European Parliament and of the Council (5) provides for regulation at Union level of undertakings for collective investment in transferable securities (UCITS). Similarly, Directive 2011/61/EU of the European Parliament and of the Council (6) provides for regulation at Union level of managers of alternative investment funds (AIFMs). All three Directives establish prudential requirements as regards risk management by IORPs, by management and investment companies with regard to UCITS, and by AIFMs, respectively.

(2)

An effect of the financial crisis has been that there is over-reliance by investors, including IORPs, UCITS, and alternative investment funds (AIFs), on credit ratings to carry out their investments in debt instruments, without necessarily conducting their own assessments of the creditworthiness of issuers of such debt instruments. In order to improve the quality of the investments made by IORPs, UCITS and AIFs and, therefore, to protect investors in those funds, it is appropriate to require IORPs, management and investment companies with regard to UCITS, and AIFMs to avoid relying solely or mechanistically on credit ratings or using them as the only parameter when assessing the risk involved in the investments made by IORPs, UCITS and AIFs. The general principle against over-reliance on credit ratings should therefore be integrated into the risk-management processes and systems of IORPs, management and investment companies with regard to UCITS, and AIFMs, and adapted to their specificities.

(3)

In order to specify further the general principle against over-reliance on credit ratings, which should be introduced into Directives 2009/65/EC and 2011/61/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to ensure that management and investment companies with regard to UCITS, and AIFMs are effectively prevented from over-reliance on credit ratings for assessing the creditworthiness of the assets held. It is appropriate in this regard to amend the powers of the Commission in those Directives to adopt delegated acts in respect of the general provisions regarding risk-management processes and systems employed by management and investment companies with regard to UCITS, and AIFMs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that it publish the results of such consultations. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(4)

The relevant measures set out in this Directive should be complementary to other provisions in Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (7). Those provisions set the general objective of reducing over-reliance by investors on credit ratings and should facilitate the achievement of that objective.

(5)

Since the objective of this Directive, namely to contribute to the reduction of the over-reliance of IORPs,UCITS and AIFs on credit ratings when making their investments, cannot be sufficiently achieved at the Member State level acting in a coordinated manner and can therefore, by reason of the pan-Union structure and impact of the activities of IORPs, UCITS, AIFs and credit rating agencies, 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 that objective.

(6)

Directives 2003/41/EC, 2009/65/EC and 2011/61/EU should therefore be amended accordingly.

(7)

In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents (8), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendment to Directive 2003/41/EC

In Article 18 of Directive 2003/41/EC, the following paragraph is inserted:

‘1a.   Taking into account the nature, scale and complexity of the activities of the institutions supervised, Member States shall ensure that the competent authorities monitor the adequacy of the institutions’ credit assessment processes, assess the use of references to credit ratings issued by credit rating agencies as defined in Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (9), in their investment policies and, where appropriate, encourage mitigation of the impact of such references, with a view to reducing sole and mechanistic reliance on such credit ratings.

Article 2

Amendments to Directive 2009/65/EC

Article 51 of Directive 2009/65/EC is amended as follows:

(1)

in paragraph 1, the first subparagraph is replaced by the following:

‘1.   A management or investment company shall employ a risk-management process which enables it to monitor and measure at any time the risk of the positions and their contribution to the overall risk profile of the portfolio of a UCITS. In particular, it shall not solely or mechanistically rely on credit ratings issued by credit rating agencies as defined in Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (10), for assessing the creditworthiness of the UCITS’ assets.

(2)

the following paragraph is inserted:

‘3a.   Taking into account the nature, scale and complexity of the UCITS’ activities, the competent authorities shall’ monitor the adequacy of the credit assessment processes of the management or investment companies, assess the use of references to credit ratings, as referred to in the first subparagraph of paragraph 1, in the UCITS’ investment policies and, where appropriate, encourage mitigation of the impact of such references, with a view to reducing sole and mechanistic reliance on such credit ratings.’;

(3)

paragraph 4 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

criteria for assessing the adequacy of the risk-management process employed by the management or investment company in accordance with the first subparagraph of paragraph 1;’;

(b)

the following subparagraph is added:

‘The criteria referred to in point (a) of the first subparagraph shall ensure that the management or investment company is prevented from relying solely or mechanistically on credit ratings, as referred to in the first subparagraph of paragraph 1, for assessing the creditworthiness of the UCITS’ assets.’.

Article 3

Amendments to Directive 2011/61/EU

Article 15 of Directive 2011/61/EU is amended as follows:

(1)

in paragraph 2, the first subparagraph is replaced by the following:

‘2.   AIFMs shall implement adequate risk-management systems in order to identify, measure, manage and monitor appropriately all risks relevant to each AIF investment strategy and to which each AIF is or may be exposed. In particular, AIFMs shall not solely or mechanistically rely on credit ratings issued by credit rating agencies as defined in Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (11), for assessing the creditworthiness of the AIFs’ assets.

(2)

the following paragraph is inserted:

‘3a.   Taking into account the nature, scale and complexity of the AIFs’ activities, the competent authorities shall monitor the adequacy of the credit assessment processes of AIFMs, assess the use of references to credit ratings, as referred to in the first subparagraph of paragraph 2, in the AIFs’ investment policies and, where appropriate, encourage mitigation of the impact of such references, with a view to reducing sole and mechanistic reliance on such credit ratings.’;

(3)

in paragraph 5, the following subparagraph is added:

‘The measures specifying the risk-management systems referred to in point (a) of the first subparagraph shall ensure that the AIFMs are prevented from relying solely or mechanistically on credit ratings, as referred to in the first subparagraph of paragraph 2, for assessing the creditworthiness of the AIFs’ assets.’.

Article 4

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2014. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 6

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 21 May 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

L. CREIGHTON


(1)  OJ C 167, 13.6.2012, p. 2.

(2)  OJ C 229, 31.7.2012, p. 64.

(3)  Position of the European Parliament of 16 January 2013 (not yet published in the Official Journal) and decision of the Council of 13 May 2013.

(4)  OJ L 235, 23.9.2003, p. 10.

(5)  OJ L 302, 17.11.2009, p. 32.

(6)  OJ L 174, 1.7.2011, p. 1.

(7)  OJ L 302, 17.11.2009, p. 1.

(8)  OJ C 369, 17.12.2011, p. 14.

(9)  OJ L 302, 17.11.2009, p. 1.’.

(10)  OJ L 302, 17.11.2009, p. 1.’;

(11)  OJ L 302, 17.11.2009, p. 1.’;


II Non-legislative acts

REGULATIONS

31.5.2013   

EN

Official Journal of the European Union

L 145/4


COMMISSION IMPLEMENTING REGULATION (EU) No 499/2013

of 30 May 2013

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 May 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

15,1

MA

57,6

MK

65,0

TN

48,3

TR

71,8

ZZ

51,6

0707 00 05

AL

41,5

MK

42,6

TR

142,5

ZZ

75,5

0709 93 10

TR

140,2

ZZ

140,2

0805 10 20

EG

45,2

IL

71,7

MA

72,3

ZA

76,7

ZZ

66,5

0805 50 10

AR

105,4

TR

95,7

ZA

100,3

ZZ

100,5

0808 10 80

AR

168,1

BR

65,1

CL

119,8

CN

96,0

NZ

146,0

US

166,5

ZA

117,8

ZZ

125,6

0809 29 00

US

785,8

ZZ

785,8


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

31.5.2013   

EN

Official Journal of the European Union

L 145/6


COMMISSION DECISION

of 21 May 2013

establishing the ecological criteria for the award of the EU Ecolabel for sanitary tapware

(notified under document C(2013) 2826)

(Text with EEA relevance)

(2013/250/EU)

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 products which have a reduced environmental impact during their entire life cycle.

(2)

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

(3)

Since the consumption of water and the related energy to heat the water contribute significantly to the overall environmental impacts of households and non-domestic premises, it is appropriate to establish EU Ecolabel criteria for the product group of ‘sanitary tapware’. The criteria should, in particular, promote water-efficient products which contribute to a reduction in the consumption of water and thereby also in the energy required for water heating.

(4)

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

1.   The product group ‘sanitary tapware’ shall comprise: household taps, showerheads and showers which are mainly used to derive water for personal hygiene, cleaning, cooking and drinking, including when they are marketed for non-domestic use.

2.   The following products shall be excluded from the product group ‘sanitary tapware’:

(a)

bathtub taps;

(b)

double lever/handle showers;

(c)

non-domestic special purpose sanitary tapware.

Article 2

For the purpose of this Decision, the following definitions shall apply:

(1)

‘tap’ means a directly or indirectly, mechanically and/or automatically operated valve from which water is drawn;

(2)

‘showerhead’ means:

(a)

a fixed overhead or side shower outlet, body jet shower outlet or similar device which may be adjustable, and which directs water from a supply system onto the user; or

(b)

a moveable hand held shower outlet which is connected to a tap with a shower hose and can be hung directly on the tap or on the wall with the aid of an appropriate support;

(3)

‘shower’ means a combination of showerhead and interrelated control valves and/or devices packaged and sold as a kit;

(4)

‘double lever/handle shower’ means a shower equipped with separate levers or handles for the control of the supply of cold and hot water;

(5)

‘electric shower’ means a shower equipped with a device to locally heat water for the shower using electrical power;

(6)

‘non-domestic special purpose sanitary tapware’ means sanitary tapware which requires unrestricted water flow in order to fulfil the intended non-domestic function;

(7)

‘water flow limiting device’ means a technical device limiting water flow to a given volume and allowing a higher water flow only where activated by the user for a chosen period of time within a single use;

(8)

‘maximum available water flow rate’ means the highest available water flow rate from the system or individual fitting;

(9)

‘lowest maximum available water flow rate’ means the lowest water flow rate from the system or individual fitting available at full opening of the valve;

(10)

‘security technical feature’ means a device forming part of a sensor controlled sanitary tapware which is used to prevent continuous water flow by stopping the water supply after pre-set time even if there is a person or an object present within the sensor range.

Article 3

The criteria for awarding the EU Ecolabel under Regulation (EC) No 66/2010, for a product falling within the product group ‘sanitary tapware’ defined in Article 1 of this Decision, as well as the related assessment and verification requirements are set out in the Annex to this Decision.

Article 4

The criteria and the related assessment requirements set out in the Annex shall be valid for four years from the date of adoption of this Decision.

Article 5

For administrative purposes, the code number assigned to the product group ‘sanitary tapware’ shall be ‘x’.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 21 May 2013.

For the Commission

Janez POTOČNIK

Member of the Commission


(1)  OJ L 27, 30.1.2010, p. 1.


ANNEX

EU ECOLABEL CRITERIA AND ASSESSMENT AND VERIFICATION REQUIREMENTS

Criteria for awarding the EU Ecolabel to sanitary tapware:

1.

Water consumption and related energy saving

2.

Materials in contact with drinking water

3.

Excluded or limited substances and mixtures

4.

Product quality and longevity

5.

Packaging

6.

User information

7.

Information appearing on the EU Ecolabel

The specific assessment and verification requirements are indicated within each criterion.

Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant or his supplier or both.

Where possible, the testing shall be performed by laboratories that meet the general requirements of European Standard EN ISO 17025 (1) or equivalent.

Where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence.

As pre-requisite, the product must meet all respective legal requirements of the country (countries) in which the product is intended to be placed on the market. The applicant shall declare the product’s compliance with this requirement.

Criterion 1.   Water consumption and related energy saving

(a)   Maximum available water flow rate

The maximum available water flow rates of the sanitary tapware, independent of the water pressure, shall not exceed the values presented in Table 1.

Table 1

Maximum available water flow rates for ‘sanitary tapware’

Product sub-group

Water flow rate

[l/min]

Kitchen taps

without flow limiting device

6,0

with flow limiting device (2)

8,0

Basin taps

without flow limiting device

6,0

with flow limiting device (2)

8,0

Showerheads and showers (3)

8,0

Assessment and verification: the applicant shall declare the product’s compliance with the requirement and specify the maximum water flow rate (in l/min) of the product submitted for the labelling procedure together with results of tests conducted in accordance with testing procedure indicated in respective EN standards for the given kind of product (see Table 2). The testing shall be conducted at a pressure of 1,5, 3,0 and 4,5 bar (± 0,2 bar) for products claimed to be suitable for high pressure installations (typically 1,0 to 5,0 bar) or at pressure of 0,2, 0,3 and 0,5 bar (± 0,02 bar) for products claimed to be suitable for low pressure installations (typically 0,1 to 0,5 bar). A mean value of three measurements shall not exceed the maximum flow rate values indicated in Table 1. For pillar taps and divided spout outlet kitchen taps, the flow rate shall be the summation of the two flows, i.e. the total flow to basin or sink from the hot and cold water tapware. Additionally, for products with an option of economy setting (i.e. flow limiting device), a description of the device applied (i.e. its main technical parameters and installation, setting and use instructions) shall be submitted.

Table 2

EN standards regarding the product group ‘sanitary tapware’

Number

Title

EN 200

Sanitary tapware. Single taps and combination of taps for water supply systems of type 1 and type 2 – General technical specification

EN 816

Sanitary tapware. Automatic shut-off valves (PN10)

EN 817

Sanitary tapware. Mechanical mixing valves (PN10) – General technical specifications

EN 1111

Sanitary tapware. Thermostatic mixing valves (PN10) – General technical specification

EN 1112

Sanitary tapware. Shower outlets for sanitary tapware for water supply systems type 1 and type 2 – General technical specification

EN 1286

Sanitary tapware. Low pressure mechanical mixing valves. General technical specification

EN 1287

Sanitary tapware. Low pressure thermostatic mixing valves. General technical specifications

EN 15091

Sanitary tapware. Electronic opening and closing sanitary tapware

EN 248

Sanitary tapware. General specification for electrodeposited coatings of Ni-Cr

EN60335-1

Household and Similar Electrical Appliances

EN60335-2-35

Household and Similar Electrical Appliances, Safety, Particular Requirements for Instantaneous Water heaters

(b)   Lowest maximum available water flow rate

The lowest maximum available water flow rates of the sanitary tapware, independent of the water pressure, shall not be lower than the values given in Table 3:

Table 3

Lowest maximum available water flow rates for ‘sanitary tapware’

Product sub-group

Water flow rate

[l/min]

Kitchen taps

2,0

Basin taps

2,0

Showers and showerheads

4,5

Electric showers and low pressure showers (4)

3,0

Assessment and verification: the applicant shall declare the product’s compliance with the requirement and specify the lowest maximum available water flow rate of the product submitted for the labelling procedure together with the results of tests conducted in accordance with the testing procedure indicated in respective EN standards for the given kind of product (see Table 2). 1,5, 3,0 and 4,5 bar (± 0,2 bar) for products claimed to be suitable for high pressure installations (typically 1,0 to 5,0 bar) or at pressure of 0,2, 0,3 and 0,5 bar (± 0,02 bar) for products claimed to be suitable for low pressure installations (typically 0,1 to 0,5 bar). A mean value of three measurements shall not be lower than the flow rate value given in Table 3. For pillar taps and divided spout outlet kitchen taps, the flow rate shall be the summation of the two flows, i.e. the total flow to basin or sink from the hot and cold water tapware.

(c)   Temperature management

Sanitary tapware shall be equipped with an advanced device or technical solution which allows for the management of temperature and/or hot water by the end-user, for example by limiting the water temperature or the supply of hot water, or by thermostatic adjustment.

The solution shall be specified to provide the user with accurate control over the temperature of the water from the tap or shower, independent of the heating system to which it is connected. Possible solutions may include, for example, a hot water barrier, a cold water supply in middle position and/or a thermostatic mixing valve.

Sanitary tapware designed to be fitted to a water supply that is already temperature controlled and showerheads shall be exempted from this criterion.

Assessment and verification : in the application submitted to the competent body, the applicant shall declare that the product complies with the requirement and provide documentation describing the technology or device applied in the product. Where the water supply is already temperature controlled, the applicant shall explain the specific technical property that makes the sanitary tapware suited for fitting to this form of system.

(d)   Time control

This criterion applies to sanitary tapware which is sold or marketed together with time control devices (i.e. devices which stop water flow after a certain time if they are not used, for example sensors which stop the water flow when a user leaves the sensor range, or after a set time period of use, for example, time limiters, which stop the water flow when the maximum flow time is reached).

For sanitary tapware equipped with time limiters, the pre-set maximum flow period should not exceed 15 seconds for taps and 35 seconds for showers. Nevertheless, the product shall be designed to allow the installer to adjust the flow time in accordance with the intended product’s application.

For sanitary tapware equipped with a sensor, shut off delay time after usage shall not exceed 1 second for taps and 3 seconds for showers. Furthermore, the sanitary tapware equipped with a sensor shall have an in-built ‘security technical feature’ with a pre-set shut-off time of maximum 2 minutes to prevent an accident or continuous water flow from taps or showers when not in use.

Assessment and verification : the product or system shall be tested at the pressure range stipulated (3,0 bar (± 0,2 bar) for high pressure valves or 0,5 bar (± 0,02 bar) for low pressure valves) to verify that the time control shuts off within a 10 % tolerance of that specified by the applicant. The applicant shall declare that the product complies with the requirement and specify the type of solution used within its technical parameters (a pre-set water flow time for time limiters, the shut-off delay time after usage for sensors), and provide the results of a test conducted in accordance with the standard EN 15091 for electronic opening and closing sanitary tapware or EN 816 for automatic shut-off valves to the competent body as part of the application.

Criterion 2.   Materials in contact with drinking water

Chemical and hygienic characteristics of materials in contact with drinking water

Materials used in products coming into contact with drinking water, or impurities associated with them, shall not release into water intended for human consumption any compounds in concentrations higher than necessary for the purpose of their use and shall not either directly or indirectly reduce the protection of human health (5). They shall not cause any deterioration in the quality of water intended for human consumption with regard to appearance, odour or taste. Within the recommended limits for correct operation (i.e. conditions of use as laid down in the respective EN standards indicated in Table 2), the materials shall not undergo any change which would impair the performance of the product. Materials without adequate resistance to corrosion shall be adequately protected so that they do not present a health risk.

Assessment and verification: the applicant shall declare that the product complies with the requirement and submit relevant documentation or test results, as indicated below:

Metallic materials in contact with drinking water used in sanitary tapware shall be listed in the positive list ‘Acceptance of Metallic Materials for Products in Contact with Drinking Water’ as given in the Appendix. The applicant shall submit a declaration of compliance with this requirement. If the metallic materials are not included in this positive list, results of test conducted in accordance with the approach for ‘Adding Materials to the Composition List within a Category of Materials’, as described in the Appendix, and using the EN 15664-1 standard, shall be submitted. Alternatively, if obligatory national regulations are in place in the Member State where the product will be placed on the market, a certificate of approval of these metallic materials and/or product issued by national authorities or responsible laboratories shall be submitted.

Organic materials in contact with drinking water shall be tested in accordance with the respective requirements of the Member State where the product will be placed on the market. A certificate or, if appropriate, test results issued by national authorities or responsible laboratories shall be submitted.

Additionally, if required by the national regulations or the Member State where the product is placed on the market, test results for enhancement of microbial growth and assessment of odour and flavour assessment of water shall be submitted.

Criterion 3.   Excluded or limited substances and mixtures

(a)   Hazardous substances and mixtures

According to the Article 6(6) of Regulation (EC) No 66/2010 on the EU Ecolabel, the product or any article (6) of it shall not contain substances meeting criteria for classification with the hazard statements or risk phrases specified below in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (7) or Council Directive 67/548/EEC (8) nor shall it contain substances referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (9). The risk phrases below generally refer to substances. However, if information on substances cannot be obtained, the classification rules for mixtures apply.

List of hazard statements

Hazard Statement (10)

Risk Phrase (11)

H300 Fatal if swallowed

R28

H301 Toxic if swallowed

R25

H304 May be fatal if swallowed and enters airways

R65

H310 Fatal in contact with skin

R27

H311 Toxic in contact with skin

R24

H330 Fatal if inhaled

R23/26

H331 Toxic if inhaled

R23

H340 May cause genetic defects

R46

H341 Suspected of causing genetic defects

R68

H350 May cause cancer

R45

H350i May cause cancer by inhalation

R49

H351 Suspected of causing cancer

R40

H360F May damage fertility

R60

H360D May damage the unborn child

R61

H360FD May damage fertility. May damage the unborn child

R60/61/60-61

H360Fd May damage fertility. Suspected of damaging the unborn child

R60/63

H360Df May damage the unborn child. Suspected of damaging fertility

R61/62

H361f Suspected of damaging fertility

R62

H361d Suspected of damaging the unborn child

R63

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

R62-63

H362 May cause harm to breast fed children

R64

H370 Causes damage to organs

R39/23/24/25/26/27/28

H371 May cause damage to organs

R68/20/21/22

H372 Causes damage to organs through prolonged or repeated exposure

R48/25/24/23

H373 May cause damage to organs through prolonged or repeated exposure

R48/20/21/22

H400 Very toxic to aquatic life

R50

H410 Very toxic to aquatic life with long-lasting effects

R50-53

H411 Toxic to aquatic life with long-lasting effects

R51-53

H412 Harmful to aquatic life with long-lasting effects

R52-53

H413 May cause long-lasting harmful effects to aquatic life

R53

EUH059 Hazardous to the ozone layer

R59

EUH029 Contact with water liberates toxic gas

R29

EUH031 Contact with acids liberates toxic gas

R31

EUH032 Contact with acids liberates very toxic gas

R32

EUH070 Toxic by eye contact

R39-41

Substances or mixtures which change their properties through processing (e.g. become no longer bioavailable, or undergo chemical modification in a way that removes the previously identified hazard) are exempted) from the above requirement.

Concentration limits for substances or mixtures which may be or have been assigned the hazard statements or risk phrase listed above, meeting the criteria for classification in the hazard classes or categories, and for substances meeting the criteria of Article 57 (a), (b) or (c) of Regulation (EC) No 1907/2006, shall not exceed the generic or specific concentration limits determined in accordance with the Article 10 of Regulation (EC) No 1272/2008. Where specific concentration limits are determined they shall prevail over the generic ones.

Concentration limits for substances meeting criteria of Article 57 (d), (e) or (f) of Regulation (EC) No 1907/2006 shall not exceed 0,1 % weight by weight.

The final product must not be labelled according to the hazard statements above.

The following substances/components are specifically derogated from this requirement:

Nickel in stainless steel of all types

All hazard statements and risk phrases

Articles and homogenous parts of sanitary tapware in contact with drinking water made of alloys, which fall under Article 23 (d) of Regulation (EC) No 1272/2008 and are listed in Part B of the ‘Acceptance of metallic materials used for products in contact with drinking water’ – Common Approach’ or fulfil the requirements to be added to this list as indicated in the Appendix.

All hazard statements and risk phrases

Nickel in protective coating layer, if the release of nickel from nickel layers or a coating containing nickel on inner surfaces of products which are intended to come into contact with drinking water tested in accordance with EN 16058 (14) standard (15) does not exceed 10 μg/l.

All hazard statements and risk phrases

Electronic components of sanitary tapware, which fulfil the requirements of Directive 2011/65/EU (16)

All hazard statements and risk phrases

Assessment and verification: for each article or any homogenous part of the applicant shall provide a declaration of compliance with this criterion, together with related documentation, such as declarations of compliance signed by their suppliers, on the non-classification of the substances or materials with any of the hazard classes associated to the hazard statements referred to in the above list in accordance with Regulation (EC) No 1272/2008, as far as this can be determined, as a minimum, from the information meeting the requirements listed in Annex VII of Regulation (EC) No 1907/2006. This declaration shall be supported by summarized information on the relevant characteristics associated to the hazard statements referred to in the above list, to the level of detail specified in section 10, 11 and 12 of Annex II of Regulation (EC) No 1907/2006 (Requirements for the Compilation of Safety Data Sheets).

Information on intrinsic properties of substances may be generated by means other than tests, for instance through the use of alternative methods such as in vitro methods, by quantitative structure activity models or by the use of grouping or read-across in accordance with Annex XI of Regulation (EC) No 1907/2006. The sharing of relevant data is strongly encouraged.

The information provided shall relate to the forms or physical states of the substance or mixtures as used in the final product.

For substances listed in Annexes IV and V of REACH, exempted from registration obligations under Article 2(7)(a) and (b) of Regulation (EC) No 1907/2006 REACH, a declaration to this effect will suffice to comply with the requirements set out above.

(b)   Substances listed in accordance with article 59(1) of Regulation (EC) No 1907/2006

No derogation from the exclusion in Article 6(6) of the Regulation (EC) No 66/2010 shall be given concerning substances identified as substances of very high concern and included in the list foreseen in Article 59 of Regulation (EC) No 1907/2006, present in mixtures, in an article or in any homogeneous part of a complex article in concentrations > 0,1 %. Specific concentration limits determined in accordance with Article 10 of Regulation (EC) No 1272/2008 shall apply in cases where the concentration is lower than 0,1 %.

Assessment and verification: The list of substances identified as substances of very high concern and included in the candidate list in accordance with Article 59 of Regulation (EC) No 1907/2006 can be found on the ECHA website (17).

Reference to the list shall be made on the date of application. The applicant shall provide a declaration of compliance with this criterion, together with related documentation, such as declarations of compliance signed by the material suppliers and copies of relevant Safety Data Sheets for substances or mixtures in accordance with Annex II to Regulation (EC) No 1907/2006 for substances or mixtures. Concentration limits shall be specified in the Safety Data Sheets in accordance with Article 31 of Regulation (EC) No 1907/2006 for substances and mixtures.

Criterion 4.   Product quality and longevity

(a)   General requirements

The product shall comply with the general requirements of the respective EN standards listed in Table 2 or with the corresponding mandatory national legal regulations. The requirement regarding water flow rates is excluded from this criterion.

Where applicable, cleaning of the product elements, which may be necessary under normal use conditions, shall be possible with use of simple tools or agents.

(b)   Exposed surface condition and quality of Ni-Cr coating

A sanitary product which has a metallic Ni-Cr coating (regardless of the nature of the substrate material) shall comply with the standard EN 248.

(c)   Reparability and availability of spare parts

The product shall be designed in such a way that its exchangeable components can be replaced easily by the end-user or a professional service engineer, as appropriate. Information about which elements can be replaced shall be clearly indicated in the information sheet attached to the product. The applicant shall also provide clear instructions to enable the end-user or trained experts, as appropriate, to undertake basic repairs.

The applicant shall further ensure that spare parts are available for at least seven years from the end of production.

(d)   Warranty

The applicant shall give a warranty for repair or replacement of minimum four years.

Assessment and verification: the applicant shall declare that the product complies with these requirements and provide samples of the product information sheet and warranty terms to the competent body as part of the application.

With regard to points (a) and (b) the applicant shall additionally provide the competent body with the results of tests conducted in accordance with the standards listed in Table 2 as regards point (a) and the standard EN 248 as regards point (b) as part of the application.

Criterion 5.   Packaging

Packaging shall meet the following requirements:

(a)

all packaging components shall be easily separable by hand into individual materials in order to facilitate recycling,

(b)

where used, cardboard packaging shall consist of at least 80 % recycled material.

Assessment and verification: the applicant shall declare that the product complies with the requirement and provide the competent body with a sample(s) of the packaging as part of the application.

Criterion 6.   User information

The product shall be accompanied by relevant user information which provides advice on the product’s proper and environmentally friendly use as well as its maintenance. It shall bear the following information in print (on the packaging and/or on documentation accompanying the product) and/or in electronic format:

(a)

information that the main environmental impact is related to the use phase of the product, i.e. to consumption of water and related energy for water heating and advice on how rational use can minimise the environmental impact,

(b)

information that the product has been awarded the EU Ecolabel, together with a brief, specific explanation as to what this means in addition to the general information provided alongside the EU Ecolabel logo,

(c)

the maximum flow rate in l/min (tested as indicated in Criterion 1(a)),

(d)

installation instructions, including information on the specific operating pressures that the product is suitable for,

(e)

advice concerning the issue of water stagnation and a related warning against drinking tap water after a longer stagnation time (applicable for taps), such as for example ‘To avoid the wastage of drinking water, use stagnation water (e.g. such as water used in the morning or after holidays) to for example, flush toilets, take a shower or water gardens’,

(f)

recommendations on the proper use and maintenance (including cleaning and decalcification) of the product, mentioning all relevant instructions, particularly:

(i)

advice on maintenance and use of products,

(ii)

information about which spare parts can be replaced,

(iii)

instructions concerning the replacement of washers if taps drip water,

(iv)

advice on cleaning sanitary tapware with appropriate materials in order to prevent damage to their internal and external surfaces.

(v)

advice on regular and proper service of aerators.

For sanitary tapware (except showerheads) which is not equipped with time control devices, the following text shall be visibly reproduced on the packaging of the product:

‘This EU Ecolabel product is intended for domestic use. It is not intended for use in a non-domestic environment for multiple and frequent use (e.g. public facilities in schools, offices, hospitals, swimming-pools)’.

For sanitary tapware which is equipped with time control devices, the following text shall be visibly reproduced on the packaging of the product:

‘This EU Ecolabel product is particularly intended for use in non-domestic environment for multiple and frequent use (e.g. public facilities in schools, offices, hospitals, swimming-pools)’.

For ‘restricted flow showerheads’ information should be placed on the product sheet regarding the need of checking the compatibility when used with electric shower, e.g. ‘please check that this restricted flow showerhead is compatible with your existing shower system in case you plan to use it with an electric shower’.

Assessment and verification: the applicant shall declare that the product complies with the requirement and provide the competent body with a sample or samples of the user information and/or a link to a manufacturer’s website containing this information as part of the application.

Criterion 7.   Information appearing on the EU Ecolabel

The optional label with text box shall contain the following text:

Improved water efficiency

Increased energy saving potential

With this certified product you save water, energy and money.

The guidelines for the use of the optional label with the text box can be found in the ‘Guidelines for the use of the EU Ecolabel logo’ on the website:

http://ec.europa.eu/environment/ecolabel/promo/pdf/logo%20guidelines.pdf

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


(1)  ISO/IEC 17025:2005 General requirements for the competence of testing and calibration laboratories

(2)  The flow limiting device must allow for setting the default water flow rate (water-saving setting) at the value of max of 6/min. The maximum available water flow rate shall not exceed 8 l/min.

(3)  Showerheads and showers with more than one spray pattern shall fulfil the requirement for the setting with the highest water flow.

(4)  Products marketed to be suitable for low pressure installations, functioning typically at 0,1 to 0,5 bar.

(5)  Article 10 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).

(6)  In Regulation (EC) No 1907/2006 (REACH) Article: means an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition;

(7)  OJ L 353, 31.12.2008, p. 1.

(8)  OJ 196, 16.8.1967, p. 1.

(9)  OJ L 396, 30.12.2006, p. 1.

(10)  Regulation (EC) No 1272/2008.

(11)  Directive 67/548/EEC with adjustment to REACH according to Directive 2006/121/EC of the European Parliament and of the Council () and Directive 1999/45/EC of the European Parliament and of the Council () as amended.

(12)  OJ L 396, 30.12.2006, p. 850.

(13)  OJ L 200, 30.7.1999, p. 1.

(14)  Where national requirements of the Member State where the product will be placed on the market or respective testing procedure for the release of nickel from coating are in place, a proof that these national requirements are met can be submitted instead to prove the compliance with this requirement.

(15)  EN 16058 Influence of metallic materials on water intended for human consumption — Dynamic rig test for assessment of surface coatings with nickel layers — Long-term test method.

(16)  Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment

(17)  http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp

Appendix

The following information is based on the report of ‘ACCEPTANCE OF METALLIC MATERIALS USED FOR PRODUCTS IN CONTACT WITH DRINKING WATER. Common Approach. Part A – Procedure for the acceptance and Part B – Common Composition List’ accessible via http://www.umweltbundesamt.de/wasser-e/themen/trinkwasser/4ms-initiative.htm.

Excerpt 1 of the ‘ACCEPTANCE OF METALLIC MATERIALS USED FOR PRODUCTS IN CONTACT WITH DRINKING WATER. Common Approach. Part A. Procedure for the acceptance’ presented in chapter 2.

1.   Acceptance of metallic materials onto the Composition List

Metallic materials used for PDW must be listed on the Composition List.

1.1.   Procedure for the addition of materials to the Composition List

The primary responsibility for assessment of materials will remain at the national level making use of established processes and the expert resources available there. However, the interpretation of test results and the application of acceptance criteria described below is complex. For this reason a Committee of Experts should advice in the decision-making process.

The Committee of Experts should have the following expertise:

Competent knowledge of corrosion and metal release

Competence on toxicology and evaluation of drinking water quality related to human health aspects

Understanding of the ways in which metallic materials and products are used in drinking water treatment and supply

The 4 Member States group agreed on a common procedure to accept materials on a common Composition List. This procedure is described in Part B of this document.

1.2.   Structure of the Composition List

The Composition List contains different categories of metallic materials.

A Category is defined as:

a group of materials with the same characteristics in respect of their field of application, behaviour in contact with drinking water and restrictions with regard to water composition and/or surface area.

The Composition List contains the categories’ range of compositions.

Each category has one reference material.

A Reference Material is defined as:

a material falling within a category for which the characteristics of metal release into drinking water are known and reproducible, the composition is strictly controlled and the elements of interest will be at or near the upper limit of acceptability. Possible effects of some constituents to inhibit the metal release have to be taken into account.

Under each category commercially available metallic materials accepted for use in PDW will be listed. The materials may only be used for certain products due to the restrictions with respect to the surface area (Table 1).

Table 1

Product groups for metallic materials

Product Group

Examples of products or parts of products

Assumed contact surface

‘a’

A

Pipes in buildings installation

Uncoated pipelines in water supply systems

100 %

B

Fittings

Ancillaries

Parts of pumps in buildings installations

Parts of valves in buildings installations

10 %

C

Moving parts in water meter

Parts of pumps in water supply systems

Parts of valves in water supply systems

1 %

—   Product Group A: up to 100 % contact surface

For pipes in a buildings installation the same material can be used for all diameters. A single material can contribute to nearly 100 % of the surface in contact with water e.g. copper, galvanised steel or stainless steel. The evaluation of the conditions for safe use must assume the maximum possible percentage. The acceptance of a composition for the use as pipes includes the acceptance for all uses (e.g. fittings, components, etc.).

This group also includes uncoated metallic pipelines in water supply systems and water treatment processes.

—   Product Group B: up to 10 % contact surface

Fittings or ancillaries can be produced from one material or from slightly different materials throughout the buildings installation. The most common are made from copper alloys that contain lead. Due to their potential to release lead to water there is a need to restrict the total surface contact of products made from these alloys. For assessments of materials for these products a contribution of 10 % water contact surface area is assumed.

This group also includes metallic parts of pumps and valves used in buildings installations.

—   Product Group C: less than 1 % contact surface

For technical reasons, there might be a need to produce small parts from compositions not accepted for the Product Group B, fittings and ancillaries. Other compositions with higher release rates may be accepted in these devices as long as their use will not significantly increase the total contamination of drinking water. The use of such compositions should be restricted to parts that do not exceed 1 % of the total surface in contact with drinking water; for example, the body of a water meter would need to be produced from an accepted composition for Product Group B but a moving part may be produced from a material listed for Product Group C.

This group also includes metallic parts of pumps and valves used in water supply systems and water treatment processes.

1.3.   Data required for assessment

Acceptance of metallic materials is based on results of long term tests on a rig test according to EN 15664-1. The minimum test period is six months and which can be extended. Additional requirements for the testing according to EN 15664-1 are described in 1.4 and 1.5.

Acceptance of a reference material for a category requires acceptance of results from the EN 15664-1 test carried out with different waters (see EN 15664-2) representing the normal range of compositions of drinking waters in the EU.

To add a material in a category, a comparative test against the reference material is required using EN 15664-1. For comparative testing it is sufficient to use a local drinking water, provided that the water is suitably corrosive (see EN 15664-2).

The following information shall be provided:

Test reports according to EN 15664-1

Test reports for the composition of the test specimen

For each composition, information on the boundaries for major alloying constituent elements and maximum values for impurities. Such boundaries will be tighter for Reference Materials than for commercial alloys

Existing applicable European standard(s) for the material

The material characteristics

Products to be manufactured from the material and their uses (a-factor)

The production process

Other information considered appropriate in support of the assessment

1.4.   Specification of test specimen

For the testing of a material according to EN 15664-1 the test specimens have to be of a certain composition.

All elements exceeding 0,02 % could be of relevance and have to be declared for the composition of the material to be listed. For impurities below 0,02 % it is the responsibility of the producer of the alloys/materials to guarantee that no release occurs with the potential to cause negative health impacts.

The composition of the test specimens shall be as follows:

1.4.1.   Reference materials

The test specimens submitted for testing a new reference material and the test specimens used as reference materials for the comparative testing have to meet the following requirements:

Constituents and impurities have to be in the range as declared.

Note: The composition of the reference material should be accepted before testing is started. The range of composition should be very narrow and the reference material should represent a worst case material in respect of the metal release of concern for the category.

1.4.2.   Candidate materials for comparative testing

For the candidate materials the range of composition and its allowed impurities have to be defined. Comparative testing is possible, if the defined range of composition of the candidate material complies with the definition of an existing category of materials.

The composition of the test specimens used for testing has to be more restricted than the defined range of composition of the material. Based on the knowledge about copper alloys the composition of the test specimens has to meet the following requirements:

 

Constituents:

Cu, Zn as constituents have to be in the range as declared

As as a constituent shall be greater than 66 % of the declared range. (e.g. if the declared range is ≤ 0,15 % then 66 % of the range (0,15 %) is 0,10 %; therefore, element content should be 0,10-0,15 %.)

Al, Si and P shall be less than 50 % of the declared range

For all other constituents the content shall be greater than 80 % of the declared range (e.g. if the declared range is 1,6 to 2,2 % then 80 % of the range (0,6 %) is 0,48 %; therefore, element content should be greater than 2,08 %.).

 

Impurities:

Impurities to be analysed in the contact water (see 1.5) shall be greater than 60 % of the declared maximum content

For other non-copper alloys these requirements may be different.

1.5.   Water analysis

If a new reference material is tested the contact water according to EN 15664-1 has to be analysed for all elements exceeding 0,02 % in the composition of the declared material with the exception of:

Sn, Si and P if present as constituents

Fe, Sn, Mn, Al, Si and P if present as impurities in the alloy

For comparative testing the analysis of contact water may be limited to certain elements specified for each category in the composition list.

1.6.   Acceptance criteria

Table 2 proposes the acceptable contributions from metallic PDW to the overall concentrations of metals at consumers’ taps. It is based on the acceptance values for chemical and indicator parametric values in the DWD. The acceptable contributions were derived using the following principles:

90 % for elements for which metallic PDW constitute the only major source of contamination;

50 % for elements for which other sources of contamination are possible

In the case of other parameters not listed in the DWD, the following criteria have been used:

Zinc: this element is not toxic at the concentrations encountered in water supply systems where galvanised steel pipes have been used. However, zinc can give rise to complaints about the taste and appearance of water. The proposed reference value has been set to ensure that zinc does not reduce the aesthetic acceptability of water (WHO, 2004).

Tin, bismuth, molybdenum, titanium: these reference values are based on provisional values recommended by a toxicology expert (Fawell, 2003).

Other metals: Advice will be sought from toxicology experts on an appropriate reference value as necessary

In order to allow time for the development of natural protective layers, it is proposed that the test procedure simulates a conditioning period of three months, in which a slight non-compliance with the reference concentration is tolerated.

Table 2

Acceptable contributions and reference concentrations for acceptance of metallic constituents of metallic PDW

Parameter

Acceptable contribution from metallic PDW

DWD parametric value or proposed reference value in DW

(μg/l)

Reference concentration ‘RC’ for Acceptance Scheme

(μg/l)

Part B:   Chemical parameters

Antimony

50 %

5

2,5

Arsenic

50 %

10

5

Chromium

50 %

50

25

Cadmium

50 %

5

2,5

Copper

90 %

2 000

1 800

Lead

50 %

10

5

Nickel

50 %

20

10

Selenium

50 %

10

5

Part C:   Indicator parameters

Aluminium

50 %

200

100

Iron

50 %

200

100

Manganese

50 %

50

25

Others: not listed in DWD

Bismuth

90 %

10

9

Molybdenum

50 %

20

10

Tin

50 %

6 000

3 000

Titanium

50 %

15

7,5

Zinc

90 %

3 000

2 700

1.7.   Adding a Reference Material for a Category or a Material not falling under a listed Category

The addition or change of range of an alloying element may move an alloy outside a Category and this change may significantly influence the metal release characteristics of the material. In this case and for an alloy representative of a Category (Reference Material) the following information shall be provided.

The information listed in 1.3

Where a proposed new composition is not comparable to a listed Category of materials the full test results from pipe rig testing according to EN15664-1 using at least three different drinking waters defined in EN15664-2 shall be provided.

1.7.1.   Acceptance of a Reference Material

For the assessment of the test rig results (according to EN 15664-1) the arithmetic mean of the equivalent pipe concentrations MEPn(T) shall be considered.

For all periods of operation (T) an average of the MEPn(T) of the three test lines in one rig is calculated: MEPa(T).

The material can be accepted for a product group with the assumed contact surface a (see Table 1), if:

(I)

MEPa(T) * a ≤ RC for T = 16, 21 and 26 weeks

(II)

MEPa(Tb) ≥ MEPa(T) for {Tb, T} = {12, 16}, {16, 21} and {21, 26} weeks

are met for all tested drinking waters.

The test may be extended up to 1 year, if criterion II is not met. In this case the material is acceptable, if

(III)

MEPa(Tb) ≥ MEPa(T) for {Tb, T} = {26, 39} and {39, 52} weeks

is met for the tested drinking waters, where criterion II was not fulfilled.

The complete set of available data has to be considered. For the test rig according to EN 15664-1 these are:

Results of individual test lines,

4h stagnation results and

parameters of water composition.

If stagnation samples were analysed in addition to the requirements in EN 15664-1 this data shall also be considered for the assessment.

The Committee of Expert shall decide, whether the data available is of sufficient quality (e.g. no major difference of the three test lines, interpretation of outliers) for an assessment to be carried out and if so decide whether to accept the material based on the above mentioned criteria. Accepted materials will be added to the Composition List together with the Category as the Reference Material.

1.8.   Adding Materials to the Composition List within a Category of materials

Where the constituents of a candidate material for approval are shown to fall within a Category, the material can be added to the Composition List provided that a comparative test run against the respective Reference Material in a standardised rig test, EN15664-1, using one water defined in EN15664-2 shows satisfactory results.

For each material, the following information shall be provided:

The information listed in 1.3

Results from comparative testing using the pipe rig test EN15664-1 relative to the Category’s Reference Material

1.8.1.   Acceptance of a material by comparative testing

For the assessment of the test rig results (according to EN 15664-1) the arithmetic mean of the equivalent pipe concentrations MEPn(T) shall be considered.

For all periods of operation (T) an average of the MEPn(T) of the three test lines in the rig is calculated: MEPa(T).

For the Reference Material MEPa,RM(T) of the three reference lines shall be considered.

The material can be accepted for a product group with the assumed contact surface a of the Reference Material (see Table 1), if:

(I)

MEPa(T) ≤ MEPa,RM(T) for T = 16, 21 and 26 weeks

(II)

MEPa(Tb) ≥ MEPa(T) for {Tb, T} = {12, 16}, {16, 21} and {21, 26} weeks

are met for the tested drinking water.

The test may be extended up to 1 year, if criterion II is not met. In this case the material is acceptable, if

(III)

MEPa(Tb) ≥ MEPa(T) for {Tb, T} = {26, 39} and {39, 52} weeks

is met.

The complete set of available data has to be considered. For the test rig according to EN 15664-1 these are:

Results of individual test lines,

4h stagnation results and

parameters of water composition.

If stagnation samples were analysed in addition to the requirements in EN 15664-1 this data shall also be considered for the assessment.

The Committee of Expert shall decide, whether the data available is of sufficient quality (e.g. no major difference of the three test lines, interpretation of outliers) for an assessment to be carried out, and if so decide whether to accept the materials based on the above mentioned criteria. Accepted materials will be added to the Composition List for the Category of the Reference Material used for comparative testing.

Excerpt 2 of the ‘ACCEPTANCE OF METALLIC MATERIALS USED FOR PRODUCTS IN CONTACT WITH DRINKING WATER. Common Approach. Part B – Common Composition List’ presented in chapter 2.

Copper alloys

Copper-zinc-lead alloys

1.8.1.1.   Category

Composition limits of the Category

Constituent

Content (%)

Impurity

Maximum (%)

Copper

≥ 57,0

Antimony

0,02

Zinc

Remainder

Arsenic

0,02

Lead

≤ 3,5

Bismuth

0,02

Aluminium

≤ 1,0

Cadmium

0,02

Iron

≤ 0,5

Chromium

0,02

Silicon

≤ 1,0

Nickel

0,2

Tin

≤ 0,5

 

 


Composition of Reference Material

Constituent

Content (%)

Impurity

Maximum (%)

Copper

57,0 – 59,0

Antimony

0,02

Zinc

Remainder

Arsenic

0,02

Lead

1,9-2,1

Bismuth

0,02

 

 

Cadmium

0,02

 

 

Chromium

0,02

 

 

Nickel

0,2

 

 

Aluminium

0,2

 

 

Iron

0,3

 

 

Silicon

0,02

 

 

Tin

0,3

Elements for consideration in the migration water:

Lead, nickel, copper, zinc

Addition of:

For each element: Acceptance factors in comparison to the mentioned reference material

1.8.1.2.   Accepted alloys

Accepted alloy Brass B2 (based on CW617N CW612N)

Constituent

Content (%)

Impurity

Maximum (%)

Copper

57,0 – 60,0

Antimony

0,02

Zinc

Remainder

Arsenic

0,02

Lead

1,6 – 2,2

Bismuth

0,02

 

 

Cadmium

0,02

 

 

Chromium

0,02

 

 

Nickel

0,1

 

 

Aluminium

0,05

 

 

Iron

0,3

 

 

Silicon

0,03

 

 

Tin

0,3

Accepted for the following product groups

Product group B

Product group C

Basis for Acceptance

German Co-normative Research Report RG_CPDW_01_074

Dossier John Nuttall (March 2006)

Accepted alloy Brass B1 (based on CW614N, CW603N)

Constituent

Content (%)

Impurity

Maximum (%)

Copper

57,0 – 62,0

Antimony

0,02

Zinc

Remainder

Arsenic

0,02

Lead

2,5 – 3,5

Bismuth

0,02

 

 

Cadmium

0,02

 

 

Chromium

0,02

 

 

Nickel

0,2

 

 

Aluminium

0,05

 

 

Iron

0,3

 

 

Silicon

0,03

 

 

Tin

0,3

Accepted for the following product groups

Product group C

Basis for Acceptance

German Co-normative Research Report RG_CPDW_01_074

Dossier John Nuttall (March 2006)

Copper-zinc-lead-arsenic alloys

1.8.1.3.   Category

Composition limits of the Category

Constituent

Content (%)

Impurity

Maximum (%)

Copper

≥ 61,0

Antimony

0,02

Zinc

Remainder

Bismuth

0,02

Arsenic

≤ 0,15

Cadmium

0,02

Lead

≤ 2,2

Chromium

0,02

Aluminium

≤ 1,0

Nickel

0,2

Iron

≤ 0,5

 

 

Silicon

≤ 1,0

 

 

Tin

≤ 0,5

 

 


Composition of Reference Material

Constituent

Content (%)

Impurity

Maximum (%)

Copper

61,0-63,0

Antimony

0,02

Zinc

Remainder

Bismuth

0,02

Arsenic

0,09-0,13

Cadmium

0,02

Lead

1,4-1,6

Chromium

0,02

Aluminium

0,5-0,7

Nickel

0,2

 

 

Iron

0,12

 

 

Silicon

0,02

 

 

Tin

0,3

Elements for consideration in the migration water:

Lead, nickel, arsenic, copper, zinc

Restrictions for the use of metallic materials with respect to water composition (health based)

Based on the results of ongoing dedicated research (by industry), the alloying elements (constituents) and the impurities will be limited such, that the alloys can be used in any drinking water.

Accepted for the following product groups

Product Group B

Product Group C

Basis for Proposal

Dossier John Nuttall (March 2006)

Addition of:

For each element: Acceptance factors in comparison to the mentioned reference material

Copper-tin-zinc lead alloys

1.8.1.4.   Category

Composition limits of the Category

Constituent

Content (%)

Impurity

Maximum (%)

Copper

Remainder

Aluminium

0,01

Zinc

≤ 6,5

Antimony

0,1

Tin

≤ 13,0

Arsenic

0,03

Lead

≤ 3,0

Bismuth

0,02

Nickel

≤ 0,6

Cadmium

0,02

 

 

Chromium

0,02

 

 

Iron

0,3

 

 

Silicon

0,01


Composition of Reference Material

Constituent

Content (%)

Impurity

Maximum (%)

Copper

Remainder

Aluminium

0,01

Zinc

5,9-6,2

Antimony

0,1

Tin

3,9-4,1

Arsenic

0,03

Lead

2,8-3,0

Bismuth

0,02

Nickel

0,5-0,6

Cadmium

0,02

 

 

Chromium

0,02

 

 

Iron

0,3

 

 

Silicon

0,01

Elements for consideration in the migration water:

Lead, nickel, antimony, copper, zinc, tin

Addition of:

For each element: Acceptance factors in comparison to the mentioned reference material

1.8.1.5.   Accepted alloys

Accepted alloy Gunmetal GM1 (based on CC491K)

Constituent

Content (%)

Impurity

Maximum (%)

Copper

84,0 – 88,0

Aluminium

0,01

Zinc

4,0 – 6,0

Antimony

0,1

Tin

4,0 – 6,0

Arsenic

0,03

Lead

2,5-3,0

Bismuth

0,02

Nickel

0,1-0,6

Cadmium

0,02

 

 

Chromium

0,02

 

 

Iron

0,3

 

 

Silicon

0,01

Accepted for the following product groups

Product Group B

Product Group C

Basis for Proposal: German Co-normative Research Report RG_CPDW_01_074, Dossier John Nuttall (March 2006)

Coppers

Copper

1.8.1.6.   Category

Composition limits for the Category

Constituent

Content (%)

Impurity

Maximum (%)

Copper

≥ 99,9

Others total

≤ 0,1

Phosphorus

≤ 0,04

 

 


Reference Composition

Constituent

EN number

Cu-DHP

CW 024A

Elements for consideration in the migration water:

None: no need for comparative testing

1.8.1.7.   Accepted alloys

Copper (Cu-DHP)

Constituent

Content (%)

Impurity

Maximum (%)

Copper

≥ 99,9

Others total

≤ 0,1

Phosphorus

≤ 0,04

 

 

Accepted for the following product groups

Product group A

Product group B

Product group C

Restrictions for the use of metallic materials with respect to water composition (health based)

The formation of the copper compounds on the surface of copper pipes and consequently the dissolution is strongly influenced by minor components of the water composition. In some water compositions, the rate of leaching of copper may be unacceptably high. Member States may need to offer guidance to the water industry and to suppliers and installers of copper pipe on restrictions that may need to be introduced on use of copper pipe in water compositions where excessive leaching of copper might occur.

Further research into the compatibility of copper with certain compositions of water needs to be carried out using harmonised procedures for investigation and evaluation.

Basis for Proposal

Research results and practical experience in several Member States are needed to characterise the conditions for safe use.

Note

The contamination of drinking water by copper pipes depends on several characteristics of water composition. There is no consensus view on their combined action and interaction at this time. In particular, there is inadequate information on the range of compositions of drinking water where non-compliance with the DWD is likely to occur.

Tinned Copper Tubes and tinned Copper Fittings

For tinned copper tubes and tinned copper fittings as base material copper according to 4.3.1 is used. On this substrate material a tin layer is deposited by different processes. By diffusion of copper ions into the tin layer the formation of an increasing intermetallic phase consisting of tin and copper (η-phase = Cu6Sn5) is formed.

1.8.1.8.   Category

Composition limits of the Category: tin layer

Constituent

Content (%)

Impurity of

Maximum (%)

Tin and Copper

99,90

Antimony

0,01

 

 

Arsenic

0,01

 

 

Bismuth

0,01

 

 

Cadmium

0,01

 

 

Chromium

0,01

 

 

Lead

0,01

 

 

Nickel

0,01


Reference composition

Copper tube according to EN 1057

Constituent

EN number

Cu-DHP

CW 024A

1.8.1.9.   Accepted alloys

CW 024A copper with a tin layer thickness 1 μm with the following composition:

Constituent

Content (%)

Impurity of

Maximum (%)

Tin

90

Antimony

0,01

Copper

< 10

Arsenic

0,01

 

 

Bismuth

0,01

 

 

Cadmium

0,01

 

 

Chromium

0,01

 

 

Lead

0,01

 

 

Nickel

0,01

Accepted for the following product groups

Product group A

Product group B

Product group C

Basis for proposal:

Leaching tests

a

:

rig tests in representative German drinking waters, published: A. Baukloh, S. Priggemeyer, U. Reiter, B. Winkler, Chemically inner tinned Copper Pipes, Less Copper in Corrosive Drinking Waters, Metall 10-11 (1998) 592 - 600.

b

:

Rig tests according to DIN 50931 (rig test): Technical report DVGW/TZW, 2000

Already existing approvals without restrictions in drinking waters

Netherlands: according to BRL-K19005,

Germany: according to DIN 50930, T6 and DVGW GW 392)

Denmark, ETA

Galvanised steel

1.8.1.10.   Category

The zinc coating resulting from used in the galvanising process shall comply with the following requirements.

Constituent

Content (%)

Impurity

Maximum (%)

Zinc

 

Antimony

0,01

 

 

Arsenic

0,02

 

 

Cadmium

0,01

 

 

Chromium

0,02

 

 

Lead

0,05

 

 

Bismuth

0,01

1.8.1.11.   Accepted alloys

The zinc coating resulting from used in the galvanising process complying with the following:

Constituent

Content (%)

Impurity

Maximum (%)

Zinc

 

Antimony

0,01

 

 

Arsenic

0,02

 

 

Cadmium

0,01

 

 

Chromium

0,02

 

 

Lead

0,05

 

 

Bismuth

0,01

Guidance on restrictions for the use of metallic materials with respect to water composition

The following formula is proposed as a means identifying water compositions where corrosion rates for galvanised steel is acceptable.

pH ≥ 7,5 or free CO2 ≤ 0,25 mmol/L

AND

Alkalinity ≥ 1,5 mmol/L

AND

S1 < 2 (definition of S1 below)

AND

Calcium ≥ 0,5 mmol/L

AND

Conductivity ≤ 600 μS/cm at 25 °C

AND

S2 < 1 or S2> 3 (definition of S2 below)

Formula concentrations in mmol/l

Formula concentrations in mmol/l

Accepted for the following product groups

Product group A

Product group B

Product group C

Basis for proposal

There are regulations with respect to water composition in France (DTU 60.1/NF P 40-201) and in Germany (DIN 50930-3). These limits are based on practical experience but are expressed in different ways. The proposal covers mainly the same water compositions as both regulations. The proposal takes into account available results from research in Germany and co-normative research.

The proposal incorporates also the recommendations given EN 12502-3 with regard to the risk of localised corrosion. This localised corrosion frequently leads to deterioration in water quality as a result of corrosion products of iron.

The proposal is based on results that have been obtained with galvanised steel pipes with lead concentrations between 1,0 % and 0,6 % in the zinc layer, assuming a similar behaviour of pipes with lower lead concentrations.

Carbon steel

Carbon Steel for pipes and tanks

Carbon steel without permanent protective layers is not suitable for use in contact with drinking water.

Carbon Steel for ancillaries

Unprotected carbon steel can be used for specific applications (e.g. pumps, valves) and only for small surface in contact with water.

1.8.1.12.   Category

The constituents and impurities should not exceed the maximum limits stated below:

Constituent

Content (%)

Impurity

Maximum (%)

Iron

 

Antimony

0,02

Carbon

≤ 2,11

Arsenic

0,02

Chromium

≤ 1,0

Cadmium

0,02

Molybdenum

≤ 1,0

Lead

0,02

Nickel

≤ 0,5

 

 

1.8.1.13.   Accepted alloys

The constituents and impurities should not exceed the maximum limits stated below:

Constituent

Content (%)

Impurity

Maximum (%)

Iron

 

Antimony

0,02

Carbon

≤ 2,11

Arsenic

0,02

Chromium

≤ 1,0

Cadmium

0,02

Molybdenum

≤ 1,0

Lead

0,02

Nickel

≤ 0,5

 

 

Accepted for the following product groups

Group C

Basis for proposal

Draft Italian Regulation

Calculation of possible impact on DW

Cast iron

Cast iron for pipes and tanks

Cast iron without permanent protective layers is not suitable for pipes and fittings in contact with drinking water.

Cast iron for ancillaries

Unprotected cast iron can be used for specific applications (e.g. pumps, valves) and only for very small surface in contact with water. Their composition needs to be regulated.

1.8.1.14.   Category

The constituents and impurities should not exceed the maximum limits stated below:

Constituent

Content (%)

Impurity

Maximum (%)

 

 

Antimony

0,02

Iron

 

Arsenic

0,02

Carbon

 

Cadmium

0,02

Chromium

≤ 1,0

Lead

0,02

Molybdenum

≤ 1,0

 

 

Nickel

≤ 6,0

 

 

1.8.1.15.   Accepted alloys

The constituents and impurities should not exceed the maximum limits stated below:

Constituent

Content (%)

Impurity

Maximum (%)

 

 

Antimony

0,02

Iron

 

Arsenic

0,02

Carbon

 

Cadmium

0,02

Chromium

≤ 1,0

Lead

0,02

Molybdenum

≤ 1,0

 

 

Nickel

≤ 6,0

 

 

Accepted for the following product groups

Group C

Basis for proposal

Draft Italian regulation

French regulation

Calculation of possible impact on DW


31.5.2013   

EN

Official Journal of the European Union

L 145/31


COMMISSION IMPLEMENTING DECISION

of 27 May 2013

establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency vaccination plans against bluetongue in Portugal in 2007 and 2008

(notified under document C(2013) 2864)

(Only the Portuguese text is authentic)

(2013/251/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 3(3), (4) and second indent of (6),

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (2) (hereinafter referred to as ‘the Financial Regulation’), and in particular Article 84 thereof,

Whereas:

(1)

In accordance with Article 84 of the Financial Regulation and Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (3) (hereinafter referred to as ‘the Rules of Application’), the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

(2)

Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. With a view to helping to eradicate bluetongue as rapidly as possible the Union should contribute financially to eligible expenditure borne by the Member States. The second indent of Article 3(6) of that Decision lays down rules on the percentage that must be applied to the costs incurred by the Member States.

(3)

Commission Regulation (EC) No 349/2005 (4) lays down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC. Article 3 of that Regulation lays down rules on the expenditure eligible for Union financial support.

(4)

Commission Decision 2008/655/EC (5) granted a financial contribution by the Union towards emergency measures to combat bluetongue in Portugal in 2007 and 2008.

(5)

On 30 March 2009, Portugal submitted an official request for reimbursement as set out in Article 7(1) and 7(2) of Regulation (EC) No 349/2005. The Commission’s observations, method of calculating the eligible expenditure and final conclusions were communicated to Portugal in a letter dated 16 February 2012. The final reply together with agreement from Portuguese authorities was received on 3 August 2012.

(6)

The payment of the financial contribution from the Union must be subject to the condition that the planned activities were actually implemented and that the authorities provided all the necessary information within the set deadlines.

(7)

The Portuguese authorities have fully complied with their technical and administrative obligations as set out in Article 3(4) of Decision 2009/470/EC and Article 7 of Regulation (EC) No 349/2005.

(8)

In view of the above considerations, the total amount of the financial support from the Union to the eligible expenditure incurred associated with the eradication of bluetongue in Portugal in 2007 and 2008 should now be fixed according to Article 3(2) of Decision 2008/655/EC.

(9)

A first tranche of EUR 1 498 023,27, a second tranche of EUR 900 000,00 and a third tranche of EUR 550 000,00 have already been paid.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The financial contribution from the Union towards the expenditure associated with eradicating bluetongue in Portugal in 2007 and 2008 is fixed at EUR 2 986 419,35. It constitutes a financing decision in the meaning of Article 84 of the Financial Regulation.

Article 2

Having regard to the total Union contribution of EUR 2 986 419,35, the balance of the financial contribution fixed at EUR 38 396,08 remains to be paid.

Article 3

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 27 May 2013.

For the Commission

Tonio BORG

Member of the Commission


(1)  OJ L 155, 18.6.2009, p. 30.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  OJ L 362, 31.12.2012, p. 1.

(4)  OJ L 55, 1.3.2005, p. 12.

(5)  OJ L 214, 9.8.2008, p. 66.


31.5.2013   

EN

Official Journal of the European Union

L 145/33


COMMISSION IMPLEMENTING DECISION

of 27 May 2013

establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency vaccination plans against bluetongue in Denmark in 2007 and 2008

(notified under document C(2013) 2865)

(Only the Danish text is authentic)

(2013/252/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 3(3), (4) and second indent of (6),

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (2) (hereinafter referred to as ‘the Financial Regulation’), and in particular Article 84 thereof,

Whereas:

(1)

In accordance with Article 84 of the Financial Regulation and Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (3) (hereinafter referred to as ‘the Rules of Application’), the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

(2)

Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. With a view to helping to eradicate bluetongue as rapidly as possible the Union should contribute financially to eligible expenditure borne by the Member States. The second indent of Article 3(6) of that Decision lays down rules on the percentage that must be applied to the costs incurred by the Member States.

(3)

Commission Regulation (EC) No 349/2005 (4) lays down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC. Article 3 of that Regulation lays down rules on the expenditure eligible for Union financial support.

(4)

Commission Decision 2008/655/EC (5) granted a financial contribution by the Union towards emergency measures to combat bluetongue in Denmark in 2007 and 2008.

(5)

On 31 March 2009, Denmark submitted an official request for reimbursement as set out in Article 7(1) and 7(2) of Regulation (EC) No 349/2005. The cost claim was submitted to ex-ante audit which took place in July 2010. The recommendation was finally executed by the Danish authorities early 2013. The Commission’s method of calculating the eligible expenditure and final conclusions were communicated to Denmark in a letter dated 21 February 2013. Denmark agreed to it on 22 February 2013.

(6)

The payment of the financial contribution from the Union must be subject to the condition that the planned activities were actually implemented and that the authorities provided all the necessary information within the set deadlines.

(7)

The Danish authorities have fully complied with their technical and administrative obligations as set out in Article 3(4) of Decision 2009/470/EC and Article 7 of Regulation (EC) No 349/2005.

(8)

In view of the above considerations, the total amount of the financial support from the Union to the eligible expenditure incurred associated with the eradication of bluetongue in Denmark in 2007 and 2008 should now be fixed according to Article 3(2) of Decision 2008/655/EC.

(9)

A first tranche of EUR 800 000,00 has already been paid.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The financial contribution from the Union towards the expenditure associated with eradicating bluetongue in Denamrk in 2007 and 2008 is fixed at EUR 3 061 529,48. It constitutes a financing decision in the meaning of Article 84 of the Financial Regulation.

Article 2

Having regard to the total Union contribution of EUR 3 061 529,48 the balance of the financial contribution fixed at EUR 2 261 529,48 remains to be paid.

Article 3

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 27 May 2013.

For the Commission

Tonio BORG

Member of the Commission


(1)  OJ L 155, 18.6.2009, p. 30.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  OJ L 362, 31.12.2012, p. 1.

(4)  OJ L 55, 1.3.2005, p. 12.

(5)  OJ L 214, 9.8.2008, p. 66.


31.5.2013   

EN

Official Journal of the European Union

L 145/35


COMMISSION IMPLEMENTING DECISION

of 29 May 2013

amending Decision 2006/473/EC as regards the recognition of certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)

(notified under document C(2013) 3057)

(2013/253/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points 16.2, 16.3 and 16.4 of Section I of Part A of Annex IV thereto,

Whereas:

(1)

By Commission Decision 2006/473/EC of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) (2) certain third countries and certain areas of third countries are recognised as being free from these harmful organisms.

(2)

Decision 2006/473/EC recognises Bangladesh as being free from Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus). On the basis of the audit carried out in Bangladesh by the Food and Veterinary Office in June 2010 and in February 2013 it appears that Bangladesh should no longer be recognised as being free from these harmful organisms.

(3)

Decision 2006/473/EC recognises certain States of Brazil as being free from Xanthomonas campestris (all strains pathogenic to Citrus) and certain States of Brazil as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus). However, on the basis of information submitted by Brazil and the audit carried out in Brazil by the Food and Veterinary Office in November 2011, the States of Maranhão, Mato Grosso and Roraima and the States of Amazonas, Bahia, Espírito Santo, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Paraná and Santa Catarina should no longer be recognised as being free from these harmful organisms respectively.

(4)

Decision 2006/473/EC recognises Ghana as being free from Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus). On the basis of the audit carried out in Ghana by the Food and Veterinary Office in April-May 2012, it appears that Ghana should no longer be recognised as being free from these harmful organisms.

(5)

Decision 2006/473/EC recognises the United States as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus). However, on the basis of the information submitted by the United States, the counties of Collier, Hendry and Polk located in the State of Florida should no longer be recognised as being free from the mentioned harmful organism.

(6)

Decision 2006/473/EC also recognises Sudan as a third country being free from Xanthomonas campestris pathogenic to Citrus. In 2011 South Sudan became an independent nation-state. Consequently, South Sudan should be listed in that Decision as a third country being free from Xanthomonas campestris pathogenic to Citrus.

(7)

Decision 2006/473/EC should therefore be amended accordingly.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/473/EC is amended as follows:

(1)

Article 1 is amended as follows:

(a)

in paragraph 1, point (b) is replaced by the following:

‘(b)

Africa: South Africa, Gambia, Ghana, Guinea, Kenya, Sudan, South Sudan, Swaziland and Zimbabwe;’;

(b)

in paragraph 2, point (b) is replaced by the following:

‘(b)

Brazil, except the States of Maranhão, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Paraná, Rio Grande do Sul, Roraima, Santa Catarina and São Paulo;’;

(2)

in Article 2, points (a) and (b) are replaced by the following:

‘(a)

all citrus-growing third countries in North, Central and South America, the Caribbean, Asia, except Bangladesh and Yemen, Europe and Oceania;

(b)

all citrus-growing third countries in Africa, except Angola, Cameroon, Central African Republic, Democratic Republic of Congo, Gabon, Ghana, Guinea, Kenya, Mozambique, Nigeria, Uganda, Zambia and Zimbabwe.’;

(3)

Article 3 is amended as follows:

(a)

in paragraph 1, points (a), (b) and (c) are replaced by the following:

‘(a)

all citrus-growing third countries in North, Central and South America, except Argentina, Brazil and the United States, the Caribbean and Europe;

(b)

all citrus-growing third countries in Asia, except Bangladesh, Bhutan, China, Indonesia, Philippines and Taiwan;

(c)

all citrus-growing third countries in Africa, except South Africa, Ghana, Kenya, Mozambique, Swaziland, Zambia and Zimbabwe;’;

(b)

in paragraph 2, point (d) is replaced by the following:

‘(d)

Brazil: all areas except the States of Amazonas, Bahia, Espírito Santo, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Paraná, Rio de Janeiro, Rio Grande do Sul, Santa Catarina and São Paulo.’;

(c)

in paragraph 2, the following point (e) is added:

‘(e)

the United States: all areas except counties of Collier, Hendry and Polk located in the State of Florida.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 May 2013.

For the Commission

Tonio BORG

Member of the Commission


(1)  OJ L 169, 10.7.2000, p. 1.

(2)  OJ L 187, 8.7.2006, p. 35.


Corrigenda

31.5.2013   

EN

Official Journal of the European Union

L 145/37


Corrigendum to Commission Implementing Regulation (EU) No 469/2013 of 22 May 2013 concerning the authorisation of DL-methionine, DL-methionine sodium salt, hydroxy analogue of methionine, calcium salt of hydroxy analogue of methionine, isopropyl ester of hydroxy analogue of methionine, DL-methionine protected with copolymer vinylpyridine/styrene and DL-methionine protected with ethylcellulose as feed additives

( Official Journal of the European Union L 136 of 23 May 2013 )

On page 7, Annex, first column ‘Identification number of the additive’, the entry ‘3c3108’ should read ‘3c308’.


31.5.2013   

EN

Official Journal of the European Union

L 145/s3


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