DRAFT

DECISION OF THE EEA JOINT COMMITTEE

No …/…

of

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

(1)	Annex II to the EEA Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

(2)

Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (2) is to be incorporated into the EEA Agreement.

(3)

Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (3), which is incorporated into the EEA Agreement, has been repealed in the European Union and should consequently be repealed under the EEA Agreement.

(4)

This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein,

HAS ADOPTED THIS DECISION:

Article 1

Chapter XII of Annex II to the EEA Agreement shall be amended as follows:

1.	The text of point 54zzzzb (Commission Regulation (EC) No 1213/2008) shall be deleted.

2.

The following shall be inserted after point 65 (Commission Regulation (EU) No 1171/2011): ‘66. 32011 R 1274: Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 325, 8.12.2011, p. 24). The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations: 1. The following shall be added in Article 1: “Iceland may for the years 2012, 2013 and 2014 continue to sample and analyse for the same 61 pesticides as monitored in foodstuffs on its market in 2011.” 2. The following shall be added in point 5 of Annex II: “IS 12 (*) 15 (**) NO 12 (*) 15 (**)”.’

Article 2

The text of Regulation (EU) No 1274/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (4).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

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(1)  OJ L …

(2)  OJ L 325, 8.12.2011, p. 24.

(3)  OJ L 328, 6.12.2008, p. 9.

(4)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]

ANNEX

The Annex to Regulation (EC) No 415/2007 is amended as follows:

(1)	in the table of contents a chapter is inserted: ‘2.3.9. Type approval’;

(2)

the ‘REFERENCES’ are amended as follows: (a) the 10th and 11th row are replaced by: Document title Organisation Publication date ‘Recommendation ITU-R M.1371 “Technical characteristics for a universal shipborne automatic identification system using time division multiple access in the VHF maritime mobile band” ITU 2001 International Standard IEC 61993, “Maritime navigation and radio communication equipment and systems — Automatic Identification System, Part 2: Class A shipborne equipment of the universal automatic identification system (AIS)” IEC 2002’ (b) the following row is added: Document title Organisation Publication date ‘Technical guidelines on Inland AIS Expert group on vessel tracking and tracing’

(3)

in Chapter 2.2 the penultimate paragraph is replaced by the following: ‘For moving vessels an update rate for the dynamic information on tactical level can be switched between SOLAS mode and inland waterway mode. In inland waterway mode it can be increased up to 2 seconds. For vessels at anchor it is recommended to have an update rate of several minutes, or if information is amended.’;

(4)	in Chapter 2.3.1 the following sentence is added: ‘The Inland AIS design shall take into account the technical guidelines on Inland AIS as prepared and maintained by the expert group on vessel tracking and tracing (1).

(5)	in the table in Chapter 2.3.2.1 the last row is deleted;

(6)	Chapter 2.3.2.3 is amended as follows: (a) the third row in the table is deleted; (b) the following row is added: ‘Loaded/unloaded vessel (Inland AIS extension)’

(7)	in Chapter 2.3.2.4 the fourth row in the first table titled ‘ETA at lock/bridge/terminal’ is amended as follows: ‘Maximum present static air draught (Inland AIS extension)’

(8)

Chapter 2.3.3 is amended as follows: (a) the second paragraph is replaced by the following: ‘For moving vessels in inland waterway areas the reporting rate for the dynamic information can be switched between SOLAS mode and inland waterway mode. In inland waterway mode it can be increased up to 2 seconds. In mixed traffic areas like seaports it shall be possible to decrease the reporting rate for dynamic information by the competent authority to ensure a balance in reporting behaviour between inland vessels and SOLAS vessels. The reporting behaviour shall be switchable by TDMA commands from a base station (automatic switching by TDMA telecommand via message 23) and by commands from ship borne systems, e.g. MKD, ECDIS or on board computer, via interface, e.g. IEC 61162 (automatic switching by ship borne system command). For static and voyage related information it is recommended to have a reporting rate of several minutes, on request, or if information is amended.’; (b) in Table 2.1 the ninth row is replaced by the following: Ship dynamic conditions Nominal reporting interval ‘Ship operating in inland waterway mode, moving (2) assigned between 2 seconds and 10 seconds’ (c) the following sentence is added: ‘Note: An Inland AIS mobile station operates either in inland waterway mode (group assignment by message 23) or in SOLAS mode (autonomous mode, no group assignment active).’;

(9)	in Chapter 2.3.4 the first paragraph is replaced by the following: ‘The technical solution of Inland AIS is based on the same technical standards as IMO SOLAS AIS (Rec. ITU-R M.1371, IEC 61993).’;

(10)

Chapter 2.3.5 is replaced by the following: ‘2.3.5.   Compatibility to IMO Class A transponders Inland AIS transponders must be compliant to IMO Class A transponders and must therefore be capable of receiving and processing all IMO AIS messages (according to ITU-R M.1371 and IALA technical clarifications on ITU-R M.1371) and in addition the messages defined in Chapter 2.4 of these technical specifications. The DSC transmitting (tx) capability and the provision of an MKD are not required for Inland AIS transponders, but the MKD functionality as well as the DSC channel management functionality are required. The manufacturers may remove the respective hard- and software from the Class A transponders.’;

(11)	the following chapter is inserted: ‘2.3.9.   Type-approval Inland AIS equipment shall be type-approved for compliance with these technical specifications.’;

(12)	Chapter 2.4.1 is amended as follows: (a) the title of Chapter 2.4.1 is replaced by: ‘2.4.1.   Message 1, 2, 3: position reports (ITU-R 1371)’; (b) in Table 2.2 the penultimate row is replaced by: Parameter Number of bits Description ‘Communication State 19 See ITU-R M.1371’

(13)	the title of Chapter 2.4.2 is replaced by the following: ‘2.4.2.   Message 5: ship static and voyage related data (ITU-R 1371)’;

(14)

Chapter 2.4.3 is amended as follows: (a) the title of Chapter 2.4.3 is replaced by the following: ‘2.4.3.   Message 23, group assignment command (ITU-R M.1371)’; (b) the following paragraph is inserted before Table 2.4: ‘The Group Assignment Command is transmitted by a base station when operating as a controlling entity. The message shall be applied to a mobile station within the defined region and as selected by “Ship and Cargo Type” or by “Station Type”. The receiving station shall consider all sector fields concurrently. It shall control the following operating parameters of a mobile station: transmit/receive mode; reporting interval; and the duration of a quiet time.’; (c) In Table 2.4 the ninth and 10th rows are replaced by the following: Parameter Number of bits Description ‘Station type 4 0 = all types of mobiles (default); 1 = Class A mobile station only; 2 = all types of Class B mobile stations; 3 = SAR airborne mobile station; 4 = Class B “SO” mobile stations only; 5 = Class B “CS” shipborne mobile station (IEC62287 only); 6 = inland waterways; 7 to 9 = regional use and 10 to 15 = for future use Type of ship and cargo type 8 0 = all types (default) 1…99 see Table 50, Annex 8 of ITU-R M.1371-3 100…199 reserved for regional use 200…255 reserved for future use’ (d) in Table 2.5 the 10th, 11th and 12th rows are replaced by the following: Reporting Interval field setting Reporting interval for msg18 ‘9 Next shorter reporting interval 10 Next longer reporting interval 11 2 seconds (not applicable to the Class B “CS”)’ (e) the last sentence is replaced by the following: ‘Note: When the dual channel transmission is suspended by Tx/Rx mode command 1 or 2, the required reporting interval shall be maintained using the remaining transmission channel.’;

(15)	the title of Chapter 2.4.4 is replaced by the following: ‘2.4.4.   Application of specific messages (ITU-R 1371)’;

(16)	in Chapter 2.4.4.1 the first sentence is replaced by the following: ‘The FIs within the Inland AIS branch shall be allocated and used as described in ITU-R M.1371.’;

(17)

Chapter 2.4.4.2 is amended as follows: (a) in Table 2.7 the 7th, 8th, 9th and 11th rows are replaced by the following:   Parameter Number of bits Description Binary data ‘Length/convoy 13 1 — 8 000 (rest not to be used) length of ship/convoy in 1/10 m 0 = default Beam/convoy 10 1 — 1 000 (rest not to be used) beam of ship/convoy in 1/10 m; 0 = default Vessel and convoy type 14 Numeric ERI Classification (CODES): Vessel and convoy type as described in Appendix E Maximum present static draught 11 1 — 2 000 (rest not used) draught in 1/100 m, 0 = default = unknown’ (b) in Table 2.8 the 16th row is replaced by:   Parameter Bit Description Binary data ‘Maximum present static air draught 12 0 — 4 000 (rest not used), in 1/100 m, 0 = default = not used’ (c) in Table 2.15 the 8th, 10th, 12th and 14th rows are replaced by the following:   Parameter Bit Description Binary data ‘Water level 14 Bit 0: 0 = negative value, 1 = positive value Bits 1-13: 0-8191, in 1/100 m, Bits 0-13: 0 = unknown = default (2) Water level 14 Bit 0: 0 = negative value, 1 = positive value Bits 1-13: 0-8191, in 1/100 m, Bits 0-13: 0 = unknown = default (2) Water level 14 Bit 0: 0 = negative value, 1 = positive value Bits 1-13: 0-8191, in 1/100 m, Bits 0-13: 0 = unknown = default (2) Water level 14 Bit 0: 0 = negative value, 1 = positive value Bits 1-13: 0-8191, in 1/100 m, Bits 0-13: 0 = unknown = default (2)’

(18)

in Appendix A the definitions are amended as follows: (a) the definition of River Information Services is replaced by the following: ‘River Information Services (RIS) A European concept for harmonised information services to support traffic and transport management in inland navigation, including the interfaces to other transport modes.’; (b) the definition of VTS area is replaced by the following: ‘VTS area VTS area is the delineated, formally declared service area of a VTS. A VTS area may be subdivided in sub-areas or sectors. (Source: IALA VTS guidelines).’; (c) the definition of Navigational information is replaced by the following: ‘Navigational information Navigational information is information provided to the skipper on board to support in on-board decision-making. (Source: IALA VTS guidelines)’; (d) the definition of Tactical traffic information is replaced by the following: ‘Tactical traffic information (TTI) Tactical traffic information is the information affecting the skipper’s or the VTS operator’s immediate decisions with respect to navigation in the actual traffic situation and the close geographic surroundings. A tactical traffic image contains position information and specific vessel information of all targets detected by a radar presented on an electronic navigational chart and — if available — enhanced by external traffic information, such as the information delivered by an AIS. TTI may be provided on board of a vessel or on shore, e.g. in a VTS Centre. (Source: RIS guidelines).’; (e) the definition of Strategic traffic information is replaced by the following: ‘Strategic traffic information (STI) Strategic traffic information is the information affecting the medium and long-term decisions of RIS users. A strategic traffic image contributes to the planning decision capabilities regarding a safe and efficient voyage. A strategic traffic image is produced in a RIS centre and delivered to the users on demand. A strategic traffic image contains all relevant vessels in the RIS area with their characteristics, cargoes and positions, reported by VHF voice reporting or electronic ship reporting, stored in a database and presented in a table or on an electronic map. Strategic Traffic Information may be provided by a RIS/VTS centre or by an office. (Source: RIS guidelines)’; (f) the definition of Vessel traffic monitoring is replaced by the following: ‘Vessel traffic monitoring Vessel traffic monitoring is providing important information relating to the movements of relevant ships in a RIS area. This includes information about ships identity, position, (type of cargo) and port of destination.’; (g) the definition of RIS operator is replaced by the following: ‘RIS operator A person performing one or more tasks contributing to the services of RIS.’; (h) the definition of Fleet manager is replaced by the following: ‘Fleet manager A person planning and observing the actual (navigational) status of a number of vessels moving or working under one command or ownership.’; (i) the definition of Operator in calamity centres of emergency services is replaced by the following: ‘Operator in calamity centres of emergency services The person who monitors, controls and organises the safe and smooth fighting of accidents, incidents and calamities.’;

(19)

Appendix D is amended as follows: (a) point D.1 is replaced by the following: ‘D.1   Input sentences The serial digital interface of the AIS is supported by existing IEC 61162 sentences and new IEC 61162 like sentences. The detailed descriptions for the digital interface sentences are found in IEC 61162. This appendix contains information used during the development of Inland AIS in order to input the inland specific data (see protocol amendments for Inland AIS) into the Inland AIS shipboard unit.’; (b) in the second sentence in point D.2 the word ‘proposed’ is replaced by ‘used’; (c) in the second sentence in point D.3 the word ‘proposed’ is replaced by ‘used’;

(20)

Appendix E is replaced by the following: ‘Appendix E ERI SHIP TYPES This table shall be used to convert the UN ship types, which are used in Inland message 10 to the IMO types which are used in IMO message 5. USEV/C M Code Subdiv Name No 8 00 0 Vessel, type unknown V 8 01 0 Motor freighter V 8 02 0 Motor tanker V 8 02 1 Motor tanker, liquid cargo, type N V 8 02 2 Motor tanker, liquid cargo, type C V 8 02 3 Motor tanker, dry cargo V 8 03 0 Container vessel V 8 04 0 Gas tanker C 8 05 0 Motor freighter, tug C 8 06 0 Motor tanker, tug C 8 07 0 Motor freighter with one or more ships alongside C 8 08 0 Motor freighter with tanker C 8 09 0 Motor freighter pushing one or more freighters C 8 10 0 Motor freighter pushing at least one tank-ship No 8 11 0 Tug, freighter No 8 12 0 Tug, tanker C 8 13 0 Tug, freighter, coupled C 8 14 0 Tug, freighter/tanker, coupled V 8 15 0 Freightbarge V 8 16 0 Tankbarge V 8 16 1 Tankbarge, liquid cargo, type N V 8 16 2 Tankbarge, liquid cargo, type C V 8 16 3 Tankbarge, dry cargo V 8 17 0 Freightbarge with containers V 8 18 0 Tankbarge, gas C 8 21 0 Pushtow, one cargo barge C 8 22 0 Pushtow, two cargo barges C 8 23 0 Pushtow, three cargo barges C 8 24 0 Pushtow, four cargo barges C 8 25 0 Pushtow, five cargo barges C 8 26 0 Pushtow, six cargo barges C 8 27 0 Pushtow, seven cargo barges C 8 28 0 Pushtow, eight cargo barges C 8 29 0 Pushtow, nine cargo barges C 8 31 0 Pushtow, one gas/tank barge C 8 32 0 Pushtow, two barges at least one tanker or gas barge C 8 33 0 Pushtow, three barges at least one tanker or gasbarge C 8 34 0 Pushtow, four barges at least one tanker or gasbarge C 8 35 0 Pushtow, five barges at least one tanker or gasbarge C 8 36 0 Pushtow, six barges at least one tanker or gasbarge C 8 37 0 Pushtow, seven barges at least one tanker or gasbarge C 8 38 0 Pushtow, eight barges at least one tanker or gasbarge C 8 39 0 Pushtow, nine or more barges at least one tanker or gasbarge V 8 40 0 Tug, single No 8 41 0 Tug, one or more tows C 8 42 0 Tug, assisting a vessel or linked combination V 8 43 0 Pushboat, single V 8 44 0 Passenger ship, ferry, red cross ship, cruise ship V 8 44 1 Ferry V 8 44 2 Red Cross ship V 8 44 3 Cruise ship V 8 44 4 Passenger ship without accommodation V 8 45 0 Service vessel, police patrol, port services V 8 46 0 Vessel, work maintenance craft, floating derrick, cable-ship, buoy-ship, dredge. C 8 47 0 Object, towed, not otherwise specified. V 8 48 0 Fishing boat V 8 49 0 Bunkership V 8 50 0 Barge, tanker, chemical C 8 51 0 Object, not otherwise specified. Extra codes for maritime means of transport V 1 50 0 General Cargo Vessel Maritime V 1 51 0 Unit Carrier Maritime V 1 52 0 Bulk Carrier Maritime V 1 53 0 Tanker V 1 54 0 Liquefied gas tanker V 1 85 0 Craft, pleasure longer than 20 meters V 1 90 0 Fast ship V 1 91 0 Hydrofoil V 1 92 0 Catamaran Fast’

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(1)  VTT-secretariat@risexpertgroups.org’;

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	MK	58,9
	XS	38,5
	ZZ	48,7
0707 00 05	MK	53,8
	TR	95,4
	ZZ	74,6
0709 93 10	TR	102,0
	ZZ	102,0
0805 50 10	AR	91,6
	TR	89,0
	UY	96,7
	ZA	100,7
	ZZ	94,5
0806 10 10	EG	187,3
	IL	187,9
	MA	254,8
	TR	162,6
	ZZ	198,2
0808 10 80	AR	197,0
	BR	95,0
	CL	104,3
	NZ	121,9
	US	123,1
	UY	52,1
	ZA	111,1
	ZZ	114,9
0808 30 90	AR	138,5
	CL	122,1
	NZ	175,8
	ZA	110,9
	ZZ	136,8
0809 10 00	AR	124,4
	TR	168,7
	ZZ	146,6
0809 29 00	TR	333,9
	ZZ	333,9
0809 30	TR	172,6
	ZZ	172,6
0809 40 05	BA	70,9
	IL	84,6
	ZZ	77,8

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(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’.

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 28 July 2012

(EUR)
CN code	Representative price per 100 kg net of the product concerned	Additional duty per 100 kg net of the product concerned
1701 12 10 (1)	42,50	0,00
1701 12 90 (1)	42,50	1,86
1701 13 10 (1)	42,50	0,00
1701 13 90 (1)	42,50	2,15
1701 14 10 (1)	42,50	0,00
1701 14 90 (1)	42,50	2,15
1701 91 00 (2)	50,30	2,38
1701 99 10 (2)	50,30	0,00
1701 99 90 (2)	50,30	0,00
1702 90 95 (3)	0,50	0,22

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(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

‘13.   Deloitte revizija d.o.o is hereby approved as the external auditor of Banka Slovenije for the financial years 2012 to 2014.’.

ANNEX

FRAMEWORK

The aims of the criteria

The criteria aim, in particular, at promoting resource efficiency by fostering recycling of paper, by reducing discharges of toxic or eutrophic substances into waters, by reducing environmental damage or risks related to the use of energy (global warming, acidification, ozone depletion, depletion of non-renewable resources) through the reduction of energy consumption and related emissions to air and at reducing environmental damage or risks related to the use of hazardous chemicals and applying sustainable management principles in order to safeguard forests.

CRITERIA

These criteria are set for each of the following aspects:

1.	Emissions to water and air

2.	Energy use

3.	Fibres: sustainable forest management

4.	Hazardous chemical substances

5.	Waste management

6.	Fitness for use

7.	Information appearing on the Ecolabel

The ecological criteria cover the production of pulp including all constituent sub-processes from the point at which the virgin fibre/recovered raw-material enters the production site, to the point at which the pulp leaves the pulp mill. For the paper production processes, the ecological criteria cover all sub-processes from the beating of the pulp (disintegration of the recovered paper) to winding the paper onto rolls.

The following activities are not covered by these criteria:

1.	Transport and packaging of the pulp, paper or raw materials

2.	Conversion of paper

Assessment and verification requirements

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

Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that those may originate from the applicant and/or his supplier(s) and/or their supplier(s), as appropriate.

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

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

Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.

EU ECOLABEL CRITERIA

Criterion 1 —   Emissions to water and air

(a)   COD, Sulphur (S), NOx, Phosphorous (P)

For each of these parameters, the emissions to air and/or water from the pulp and the paper production shall be expressed in terms of points (PCOD, PS, PNOx, PP) as detailed below.

None of the individual points PCOD, PS, PNOx, PP shall exceed 1,5.

The total number of points (Ptotal = PCOD + PS + PNOx + PP) shall not exceed 4,0.

The calculation of PCOD shall be made as follows (the calculations of PS, PNOx, PP shall be made in exactly the same manner).

For each pulp ‘i’ used, the related measured COD emissions (COD pulp,i expressed in kg/air dried tonne — ADT), shall be weighted according to the proportion of each pulp used (pulp ‘i’ with respect to air dried tonne of pulp), and summed together. The weighted COD emission for the pulps is then added to the measured COD emission from the paper production to give a total COD emission, COD total.

The weighted COD reference value for the pulp production shall be calculated in the same manner, as the sum of the weighted reference values for each pulp used and added to the reference value for the paper production to give a total COD reference value COD reftotal. The reference values for each pulp type used and for the paper production are indicated in Table 1.

Finally, the total COD emission shall be divided by the total COD reference value as follows:

Table 1

Reference values for emissions from different pulp types and from paper production

Pulp Grade/Paper	Emissions (kg/ADT)
	CODreference	Sreference	NOx,reference	Preference
Bleached Chemical pulp (others than sulphite)	18,0	0,6	1,6	0,045
Bleached Chemical pulp (sulphite)	25,0	0,6	1,6	0,045
Unbleached chemical pulp	10,0	0,6	1,6	0,04
CTMP	15,0	0,2	0,3	0,01
TMP/groundwood pulp	3,0	0,2	0,3	0,01
Recovered fibre pulp	2,0	0,2	0,3	0,01
Paper (non-integrated mills where all pulps used are purchased market pulps)	1	0,3	0,8	0,01
Paper (Other mills)	1	0,3	0,7	0,01

An exemption for the Preference-value of bleached chemical pulp (others than sulphite) indicated in Table 1, up to a level of 0,1 shall be granted where it is demonstrated that the higher level of P is due to P naturally occurring in the wood pulp.

In case of co-generation of heat and electricity at the same plant, the emissions of S and NOx resulting from electricity generation can be subtracted from the total amount. The following equation can be used to calculate the proportion of the emissions resulting from electricity generation:

2 × (MWh(electricity)) / [2 × MWh(electricity) + MWh(heat)]

The electricity in this calculation is the electricity produced at the co-generation plant.

The heat in this calculation is the net heat delivered from the power plant to the pulp/paper production.

Assessment and verification: the applicant shall provide detailed calculations showing compliance with this criterion, together with related supporting documentation which shall include test reports using the following test methods: COD: ISO 6060; NOx: ISO 11564; S(oxid.): EPA No 8; S(red.): EPA No 16A; S content in oil: ISO 8754; S content in coal: ISO 351; P: EN ISO 6878, APAT IRSA CNR 4110 or Dr Lange LCK 349.

The supporting documentation shall include an indication of the measurement frequency and the calculation of the points for COD, S and NOx. It shall include all emissions of S and NOx which occur during the production of pulp and paper, including steam generated outside the production site, except those emissions related to the production of electricity. Measurements shall include recovery boilers, lime kilns, steam boilers and destructor furnaces for strong smelling gases. Diffuse emissions shall be taken into account. Reported emission values for S to air shall include both oxidised and reduced S emissions (dimethyl sulphide, methyl mercaptan, hydrogen sulphide and similar emissions). The S emissions related to the heat energy generation from oil, coal and other external fuels with known S content may be calculated instead of measured, and shall be taken into account.

Measurements of emissions to water shall be taken on unfiltered and unsettled samples either after treatment at the plant or after treatment by a public treatment plant. The period for the measurements shall be based on the production during 12 months. In case of a new or a rebuilt production plant, the measurements shall be based on at least 45 subsequent days of stable running of the plant. The measurement shall be representative of the respective campaign.

In case of integrated mills, due to the difficulties in getting separate emission figures for pulp and paper, if only a combined figure for pulp and paper production is available, the emission values for pulp(s) shall be set to zero and the figure for the paper mill shall include both pulp and paper production.

(b)   AOX (Adsorbable Organic Halogen)

—	Until 31 March 2013, the AOX emissions from the production of each pulp used shall not exceed 0,20 kg/ADT.

—	From 1 April 2013 until the expiry of the period of validity of the criteria set out in this Decision, the AOX emissions from the production of each pulp used shall not exceed 0,17 kg/ADT.

Assessment and verification: the applicant shall provide test reports using the following test method: AOX ISO 9562 accompanied by detailed calculations showing compliance with this criterion, together with related supporting documentation.

The supporting documentation shall include an indication of the measurement frequency. AOX shall only be measured in processes where chlorine compounds are used for the bleaching of the pulp. AOX need not be measured in the effluent from non-integrated paper production or in the effluents from pulp production without bleaching or where the bleaching is performed with chlorine-free substances.

Measurements shall be taken on unfiltered and unsettled samples either after treatment at the plant or after treatment by a public treatment plant. The period for the measurements shall be based on the production during 12 months. In case of a new or a re-built production plant, the measurements shall be based on at least 45 subsequent days of stable running of the plant. The measurement shall be representative of the respective campaign.

(c)   CO2

The emissions of carbon dioxide from non-renewable sources shall not exceed 1 000 kg per tonne of paper produced, including emissions from the production of electricity (whether on-site or off-site). For non-integrated mills (where all pulps used are purchased market pulps) the emissions shall not exceed 1 100 kg per tonne. The emissions shall be calculated as the sum of the emissions from the pulp and paper production.

Assessment and verification: the applicant shall provide detailed calculations showing compliance with this criterion, together with related supporting documentation.

The applicant shall provide data on the air emissions of carbon dioxide. This shall include all sources of non-renewable fuels during the production of pulp and paper, including the emissions from the production of electricity (whether on-site or off-site).

The following emission factors shall be used in the calculation of the CO2 emissions from fuels:

Table 2

Fuel	CO2 fossil emission	Unit
Coal	96	g CO2 fossil/MJ
Crude oil	73	g CO2 fossil/MJ
Fuel oil 1	74	g CO2 fossil/MJ
Fuel oil 2-5	81	g CO2 fossil/MJ
LPG	66	g CO2 fossil/MJ
Natural Gas	56	g CO2 fossil/MJ
Grid Electricity	400	g CO2 fossil/kWh

The period for the calculations or mass balances shall be based on the production during 12 months. In case of a new or a rebuilt production plant, the calculations shall be based on at least 45 subsequent days of stable running of the plant. The calculations shall be representative of the respective campaign.

For grid electricity, the value quoted in the table above (the European average) shall be used unless the applicant presents documentation establishing the average value for their suppliers of electricity (contracting supplier or national average), in which case the applicant may use this value instead of the value quoted in the table.

The amount of energy from renewable sources (1) purchased and used for the production processes will not be considered in the calculation of the CO2 emissions. Appropriate documentation that this kind of energy is actually used at the mill or is externally purchased shall be provided by the applicant.

Criterion 2 —   Energy use

(a)   Electricity

The electricity consumption related to the pulp and the paper production shall be expressed in terms of points (PE) as detailed below.

The number of points, PE, shall be less than or equal to 1,5.

The calculation of PE shall be made as follows.

Calculation for pulp production: For each pulp i used, the related electricity consumption (Epulp,i expressed in kWh/ADT) shall be calculated as follows:

Epulp,i = Internally produced electricity + purchased electricity – sold electricity

Calculation for paper production: Similarly, the electricity consumption related to the paper production (Epaper) shall be calculated as follows:

Epaper = Internally produced electricity + purchased electricity – sold electricity

Finally, the points for pulp and paper production shall be combined to give the overall number of points (PE) as follows:

In case of integrated mills, due to the difficulties in getting separate electricity figures for pulp and paper, if only a combined figure for pulp and paper production is available, the electricity values for pulp(s) shall be set to zero and the figure for the paper mill shall include both pulp and paper production.

(b)   Fuel (heat)

The fuel consumption related to the pulp and the paper production shall be expressed in terms of points (PF) as detailed below.

The number of points, PF, shall be less than or equal to 1,5.

The calculation of PF shall be made as follows.

Calculation for pulp production: For each pulp i used, the related fuel consumption (Fpulp,i expressed in kWh/ADT) shall be calculated as follows:

Fpulp,i = Internally produced fuel + purchased fuel – sold fuel – 1,25 × internally produced electricity

Note:

1.	Fpulp,i (and its contribution to PF, pulp) need not be calculated for mechanical pulp unless it is market air dried mechanical pulp containing at least 90 % dry matter.

2.	The amount of fuel used to produce the sold heat shall be added to the term sold fuel in the equation above.

Calculation for paper production: similarly, the fuel consumption related to the paper production (Fpaper, expressed in kWh/ADT), shall be calculated as follows:

Fpaper = Internally produced fuel + purchased fuel – sold fuel – 1,25 × internally produced electricity

Finally, the points for pulp and paper production shall be combined to give the overall number of points (PF) as follows:

Table 3

Reference values for electricity and fuel

Pulp grade	Fuel kWh/ADT Freference		Electricity kWh/ADT Ereference
	Non-admp	admp	Non-admp	admp
Chemical pulp	4 000	5 000	800	800
Thermomechanical pulp (TMP)	0	900	2 200	2 200
Groundwood pulp (including Pressurised Groundwood)	0	900	2 000	2 000
Chemithermomechanical pulp (CTMP)	0	1 000	2 000	2 000
Recovered fibre pulp	300	1 300	450	550
Paper grade	Fuel	kWh/tonne		Electricity kWh/tonne
Newsprint paper grade		1 800		700
Admp = air dried market pulp.

Assessment and verification (for both (a) and (b)): the applicant shall provide detailed calculations showing compliance with this criterion, together with all related supporting documentation. Reported details shall therefore include the total electricity and fuel consumption.

The applicant shall calculate all energy inputs, divided into heat/fuels and electricity used during the production of pulp and paper, including the energy used in the de-inking of waste papers for the production of recovered paper. Energy used in the transport of raw materials, as well as conversion and packaging, is not included in the energy consumption calculations.

Total heat energy includes all purchased fuels. It also includes heat energy recovered by incinerating liquors and wastes from on-site processes (e.g. wood waste, sawdust, liquors, waste paper, paper broke), as well as heat recovered from the internal generation of electricity — however, the applicant need only count 80 % of the heat energy from such sources when calculating the total heat energy.

Electric energy means net imported electricity coming from the grid and internal generation of electricity measured as electric power. Electricity used for wastewater treatment need not be included.

Where steam is generated using electricity as the heat source, the heat value of the steam shall be calculated, then divided by 0, 8 and added to the total fuel consumption.

In case of integrated mills, due to the difficulties in getting separate fuel (heat) figures for pulp and paper, if only a combined figure for pulp and paper production is available, the fuel (heat) values for pulp(s) shall be set to zero and the figure for the paper mill shall include both pulp and paper production.

Criterion 3 —   Fibres

At least the 70 % (w/w) on the total amount of fibres used for newsprint paper shall be recovered fibres.

All fibres used that are not recovered shall be virgin fibres covered by valid sustainable forest management and chain of custody certificates issued by an independent third party certification scheme such as FSC, PEFC or equivalent.

However, where certification schemes allow mixing certified material and uncertified material in a product or product line, the proportion of uncertified material shall not exceed 50 % of the overall amount of virgin fibres used. Such uncertified material shall be covered by a verification system which ensures that it is legally sourced and meets any other requirement of the certification scheme with respect to uncertified material.

The certification bodies issuing forest and/or chain of custody certificates shall be accredited/recognised by that certification scheme.

Excluded from the calculation of recovered fibres content is the reutilisation of materials generated in a process and capable of being reclaimed within the same process that generated it (mill broke — own produced or purchased).

Assessment and verification: the applicant shall provide appropriate documentation indicating the types, quantities and origins of fibres used in the pulp and the paper production.

Where virgin fibres are used, the product shall be covered by valid forest management and chain of custody certificates issued by an independent third party certification scheme, such as PEFC, FSC or equivalent. If the product or product line includes uncertified material, proof should be provided that the uncertified material is less than 50 per cent and is covered by a verification system which ensures that it is legally sourced and meets any other requirement of the certification scheme with respect to uncertified material.

The percentage of recovered fibres shall be calculated as ratio between the inputs of recovered fibres compared to the final paper production. Where recovered fibres are used, the applicant shall provide a declaration stating the average amount of grades of recovered paper used for the product in accordance with the standard EN 643 (2) or an equivalent standard. The applicant shall also provide a declaration that no mill broke (own or purchased) was used for the calculation of the recovered percentage.

Criterion 4 —   Excluded or limited substances and mixtures

Assessment and verification: the applicant shall supply a list of the chemical products used in the pulp and paper production, together with appropriate documentation (such as Safety Data Sheets). This list shall include the quantity, function and suppliers of all the substances used in the production process.

(a)   Hazardous substances and mixtures

In accordance with Article 6(6) of Regulation (EC) No 66/2010, the product shall not contain substances referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) nor substances or mixtures meeting the criteria for classification with the hazard statements or risk phrases in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) or Council Directive 67/548/EEC (5) specified in the table below.

List of hazard statements and risk phrases:

Hazard statement (6)	Risk phrase (7)
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
No commercial dye formulation, colourants, surface-finishing agents, auxiliaries and coating materials shall be used on either pulp or paper that has been assigned or may be assigned at the time of application the hazard statement H317: May cause allergic skin reaction.	R43

Substances or mixtures which change their properties upon processing (e.g., become no longer bioavailable, undergo chemical modification) so that the identified hazard no longer applies 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, or which meet the criteria for classification in the hazard classes or categories listed in the table above, and concentration limits for substances meeting the criteria set out in 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 the criteria set out in Article 57(d), (e) or (f) of Regulation (EC) No 1907/2006 shall not exceed 0,1 % weight by weight.

Assessment and verification: the applicant shall prove compliance with these criteria by providing data on the amount (kg/ADT paper produced) of substances used in the process and by demonstrating that the substances referred to in these criteria are not retained in the final product above the concentration limits specified. The concentration for substances and mixtures shall be specified in the Safety Data Sheets in accordance with Article 31 of Regulation (EC) No 1907/2006.

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

No derogation from the prohibition set out in Article 6(6) of Regulation (EC) No 66/2010 shall be granted concerning substances identified as substances of very high concern and included in the list provided in Article 59 of Regulation (EC) No 1907/2006, present in mixtures, in an article or in any homogenous part of a complex article in concentrations higher than 0,1 %. Specific concentration limits determined in accordance with Article 10 of Regulation (EC) No 1272/2008 shall apply 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 here:

http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp

Reference to the list shall be made on the date of application.

The applicant shall prove compliance with this criterion by providing data on the amount (kg/ADT paper produced) of substances used in the process and by demonstrating that the substances referred to in this criterion are not retained in the final product above the concentration limits specified. The concentration shall be specified in the safety data sheets in accordance with Article 31 of Regulation (EC) No 1907/2006.

(c)   Chlorine

Chlorine gas or other chlorinated compounds shall not be used as a bleaching agent. This requirement does not apply to chlorine gas related to the production and use of chlorine dioxide.

Assessment and verification: the applicant shall provide a declaration from the pulp producer(s) that chlorine gas or other chlorinated compounds have not been used as a bleaching agent. Note: while this requirement also applies to the bleaching of recovered fibres, it is accepted that the fibres in their previous life-cycle may have been bleached with chlorine gas or other chlorinated compounds.

(d)   APEOs

Alkylphenol ethoxylates or other alkylphenol derivatives shall not be added to cleaning substances, de-inking substances, foam inhibitors, or dispersants. Alkylphenol derivatives are defined as substances that upon degradation produce alkyl phenols.

Assessment and verification: the applicant shall provide a declaration(s) from their chemical supplier(s) that alkylphenol ethoxylates or other alkylphenol derivatives have not been added to those products.

(e)   Residual monomers

The total quantity of residual monomers (excluding acrylamide) that may be or have been assigned any of the following risk phrases (or combinations thereof) and are present in coatings, retention aids, strengtheners, water repellents or chemicals used in internal and external water treatment shall not exceed 100 ppm (calculated on the basis of their solid content).

Hazard statement (8)	Risk phrase (9)
H340 May cause genetic defects	R46
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
H400 Very toxic to aquatic life	R50/50-53
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 effects to aquatic life	R53

Acrylamide shall not be present in coatings, retention aids, strengtheners, water repellents or chemicals used in internal and external water treatment in concentrations higher than 700 ppm (calculated on the basis of their solid content).

The competent body may exempt the applicant from those requirements in relation to chemicals used in external water treatment.

Assessment and verification: the applicant shall provide a declaration of compliance with this criterion, together with appropriate documentation (such as Safety Data Sheets).

(f)   Surfactants in de-inking

All surfactants used in de-inking shall be ultimately biodegradable (see test methods and pass levels below).

Assessment and verification: the applicant shall provide a declaration of compliance with this criterion together with the relevant safety data sheets or test reports for each surfactant which shall indicate the test method, threshold and conclusion stated, using one of the following test method and pass levels: OECD 302 A-C (or equivalent ISO standards), with a percentage degradation (including adsorption) within 28 days of at least 70 % for 302 A and B, and of at least 60 % for 302 C.

(g)   Biocides

The active components in biocides or biostatic agents used to counter slime-forming organisms in circulation water systems containing fibres shall not be potentially bio-accumulative. Biocides’ bioaccumulation potentials are characterised by log Pow (log octanol/water partition coefficient) < 3,0 or an experimentally determined bioconcentration factor (BCF) ≤ 100.

Assessment and verification: the applicant shall provide a declaration of compliance with this criterion together with the relevant material safety data sheet or test report which shall indicate the test method, threshold and conclusion stated, using the following test methods: OECD 107, 117 or 305 A-E.

(h)   Azo dyes

Azo dyes that may cleave to any of the following aromatic amines shall not be used, in accordance with Annex XVII to Regulation (EC) No 1907/2006:

1. 4-aminobiphenyl	(92-67-1),
2. benzidine	(92-87-5),
3. 4-chloro-o-toluidine	(95-69-2),
4. 2-naphthylamine	(91-59-8),
5. o-aminoazotoluene	(97-56-3),
6. 2-amino-4-nitrotoluene	(99-55-8),
7. p-chloroaniline	(106-47-8),
8. 2,4-diaminoanisole	(615-05-4),
9. 4,4'-diaminodiphenylmethane	(101-77-9),
10. 3,3'-dichlorobenzidine	(91-94-1),
11. 3,3'-dimethoxybenzidine	(119-90-4),
12. 3,3'-dimethylbenzidine	(119-93-7),
13. 3,3'-dimethyl-4,4'-diaminodiphenylmethane	(838-88-0),
14. p-cresidine	(120-71-8),
15. 4,4'-methylene-bis-(2-chloroaniline)	(101-14-4),
16. 4,4'-oxydianiline	(101-80-4),
17. 4,4'-thiodianiline	(139-65-1),
18. o-toluidine	(95-53-4),
19. 2,4-diaminotoluene	(95-80-7),
20. 2,4,5-trimethylaniline	(137-17-7),
21. 4-aminoazobenzene	(60-09-3),
22. o-anisidine	(90-04-0).

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

(i)   Metal complex dye stuffs or pigments

Dyes or pigments based on lead, copper, chromium, nickel or aluminium shall not be used. Copper phthalocyanine dyes or pigments may, however, be used.

Assessment and verification: the applicant shall provide a declaration of compliance.

(j)   Ionic impurities in dye stuffs

The levels of ionic impurities in the dye stuffs used shall not exceed the following: Ag 100 ppm; As 50 ppm; Ba 100 ppm; Cd 20 ppm; Co 500 ppm; Cr 100 ppm; Cu 250 ppm; Fe 2 500 ppm; Hg 4 ppm; Mn 1 000 ppm; Ni 200 ppm; Pb 100 ppm; Se 20 ppm; Sb 50 ppm; Sn 250 ppm; Zn 1 500 ppm.

Assessment and verification: the applicant shall provide a declaration of compliance.

Criterion 5 —   Waste management

All pulp and paper production sites shall have a system for handling waste (as defined by the relevant regulatory authorities of the pulp and paper production sites in question) and residual products arising from the production of the ecolabelled product. The system shall be documented or explained in the application and include information on at least the following points:

—	procedures for separating and using recyclable materials from the waste stream,

—	procedures for recovering materials for other uses, such as incineration for raising process steam or heating, or agricultural use,

—	procedures for handling hazardous waste (as defined by the relevant regulatory authorities of the pulp and paper production sites in question).

Assessment and verification: the applicant shall provide a detailed description of the procedures adopted for the waste management of each of the sites concerned and a declaration of compliance with the criterion.

Criterion 6 —   Fitness for use

The product shall be suitable for its purpose.

Assessment and verification: the applicant shall provide appropriate documentation demonstrating compliance with the scope of the criteria. The product shall fulfil the requirements for permanence in accordance with applicable standards. The user manual will provide the list of norms and standards which shall be used for the permanence assessment.

As alternative to the use of the above methods, the producers shall guarantee the fitness for use of their products providing appropriate documentation demonstrating the paper quality, in accordance with the standard EN ISO/IEC 17050-1:2004, which provides general criteria for suppliers’ declaration of conformity with normative documents.

Criterion 7 —   Information appearing on the EU Ecolabel

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

‘—	low air and water pollution

—	use of certified fibres AND/OR use of recovered fibres [case-by-case]

—	hazardous substances restricted’

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 product packaging showing the label, together with a declaration of compliance with this criterion.

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(1)  As defined in Directive 2009/28/EC of the European Parliament and of the Council (OJ L 140, 5.6.2009, p. 16).

(2)  European List of Standard Grades of Recovered Paper and Board, June 2002.

(3)  OJ L 396, 30.12.2006, p. 1.

(4)  OJ L 353, 31.12.2008, p. 1.

(5)  OJ 196, 16.8.1967, p. 1.

(6)  As provided for in Regulation (EC) No 1272/2008.

(7)  As provided for in Directive 67/548/EEC.

(8)  As provided for in Regulation (EC) No 1272/2008.

(9)  As provided for in Directive 67/548/EEC.