Pending: 32010D0221

20.4.2010 EN Official Journal of the European Union L 98/7
(1) Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals(2)approves the disease-free status of certain Member States or parts thereof as regards spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis virus (IPN) and infection withGyrodactylus salaris(GS) (approved disease-free areas), and control or eradication programmes of certain Member States (approved control or eradication programmes) as regards SVC, BKD and IPN.
(2) Member States with approved disease-free areas or with approved control or eradication programmes pursuant to Decision 2004/453/EC may require additional guarantees for consignments of live aquaculture fish of susceptible species to the relevant diseases intended for farming, which are to be introduced into those areas. Those additional guarantees consist of the requirement that those consignments must originate from an area with an equivalent health status as the place of destination.
(3) Directive 2006/88/EC repealed and replaced Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(3). However, Directive 2006/88/EC provides that Decision 2004/453/EC is to continue to apply for the purpose of Directive 2006/88/EC pending the adoption of the necessary provisions in accordance with that Directive, which are to be adopted not later than three years after its entry into force.
(4) Article 43 of Directive 2006/88/EC provides that a Member State may take measures to prevent the introduction of, or to control diseases not listed in Part II of Annex IV thereto which constitute a significant risk for the animal health situation of aquaculture animals or wild aquatic animals in that Member State. Those measures are not to exceed the limits of what is appropriate and necessary to prevent the introduction of or control of, such diseases.
(5) The Member States which have been granted the right to require additional guarantees pursuant to Decision 2004/453/EC have provided the Commission with information on the disease situation as regards the diseases for which they have approved disease-free areas or approved control or eradication programmes. They have demonstrated the appropriateness and necessity of continuing requiring national measures in the form of placing on the market, import and transit requirements, in accordance with Article 43 of Directive 2006/88/EC.
(6) Consequently, Member States which were granted the right to require additional guarantees in accordance with Decision 2004/453/EC for the introduction of aquaculture animals of susceptible species into approved disease-free areas or areas with approved control or eradication programmes should be allowed to continue to apply these measures as national measures approved in accordance with Article 43 of Directive 2006/88/EC.
(7) In addition, Finland has provided information to support the finding that it is no longer necessary to regard certain water catchment areas as buffer zones in order to protect the disease-free status regarding SVC and IPN.
(8) In the interests of simplification of Union legislation, the specific placing on the market, import and transit requirements for consignments of aquaculture animals and wild aquatic animals intended for areas with approved national measures, should be included in the provisions and model animal health certificates laid down in Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(4).
(9) The national measures approved by this Decision should only be applied as long as they are appropriate and necessary. Therefore, the Member States should send a yearly report to the Commission on the functioning of the national measures.
(10) Any suspicion of the presence of a relevant disease in areas listed as disease-free in Annex I to this Decision should be investigated and during the investigation movement restrictions should be applied to protect other Member States with approved national measures as regards the same disease. In addition, to facilitate the necessary re-assessment of the approved national measures, any subsequent disease confirmation should be notified to the Commission and to the other Member States.
(11) The eradication programmes should lead to an improvement in the disease situation within a reasonable period of time. In the second half of 2011, the disease situation in the areas covered by such programmes should be reassessed and the appropriateness of the national measures re-evaluated. Therefore, this Decision should provide for those measures to apply only until 31 December 2011.
(12) In the interest of clarity of Union legislation, Decision 2004/453/EC should be expressly repealed.
(13) In order to prevent any disruption of trade, consignments of aquaculture animals which are accompanied by an animal health certificate issued in accordance with Annex III to Decision 2004/453/EC should be permitted to be placed on the market until 30 June 2010, subject to certain conditions.
(14) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking must comply with:(i)the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008;(ii)the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008;(iii)the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008; (i) the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008; (ii) the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008; (iii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008;
(i) the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008;
(ii) the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008;
(iii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008;
(i) the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008;
(ii) the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008;
(iii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008;
(b) ornamental aquatic animals intended for closed ornamental facilities must comply with:(i)the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008;(ii)the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008. (i) the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008; (ii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008.
(i) the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008;
(ii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008.
(i) the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008;
(ii) the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008.
(a) significant risks for the animal health situation of aquaculture animals or wild aquatic animals posed by the diseases, for which the national measures apply, and the necessity and appropriateness of those measures;
(b) national measures taken to maintain the disease-free status, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Commission Decision 2009/177/EC(5);
(c) the evolution of the eradication programme, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Decision 2009/177/EC.
Disease Member State Code Geographical demarcation of the area with approved national measures
Spring viraemia of carp (SVC) Denmark DK Whole territory
Ireland IE Whole territory
Finland FI Whole territory
Sweden SE Whole territory
United Kingdom UK The territories of Northern Ireland, the Isle of Man, Jersey and Guernsey
Bacterial kidney disease (BKD) Ireland IE Whole territory
United Kingdom UK The territories of Northern Ireland, the Isle of Man and Jersey
Infectious pancreatic necrosis virus (IPN) Finland FI The continental parts of the territory
Sweden SE The continental parts of the territory
United Kingdom UK The territory of the Isle of Man
Infection withGyrodactylus salaris (GS) Ireland IE The whole territory
Finland FI The water catchment areas of the Tenojoki and Näätämönjoki; the water catchment areas of the Paatsjoki, Luttojoki, and Uutuanjoki are considered as buffer zones
United Kingdom UK The territories of Great Britain, Northern Ireland, the Isle of Man, Jersey and Guernsey
Disease Member State Code Geographical demarcation of the area with approved national measures
Spring viraemia of carp (SVC) United Kingdom UK The territories of Great Britain
Bacterial kidney disease (BKD) Finland FI The continental parts of the territory
Sweden SE The continental parts of the territory
United Kingdom UK The territories of Great Britain
Infectious pancreatic necrosis virus (IPN) Sweden SE The coastal parts of the territory
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(1), and in particular Article 43(2) thereof,
(1) Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals(2)approves the disease-free status of certain Member States or parts thereof as regards spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis virus (IPN) and infection withGyrodactylus salaris(GS) (approved disease-free areas), and control or eradication programmes of certain Member States (approved control or eradication programmes) as regards SVC, BKD and IPN.
(2) Member States with approved disease-free areas or with approved control or eradication programmes pursuant to Decision 2004/453/EC may require additional guarantees for consignments of live aquaculture fish of susceptible species to the relevant diseases intended for farming, which are to be introduced into those areas. Those additional guarantees consist of the requirement that those consignments must originate from an area with an equivalent health status as the place of destination.
(3) Directive 2006/88/EC repealed and replaced Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(3). However, Directive 2006/88/EC provides that Decision 2004/453/EC is to continue to apply for the purpose of Directive 2006/88/EC pending the adoption of the necessary provisions in accordance with that Directive, which are to be adopted not later than three years after its entry into force.
(4) Article 43 of Directive 2006/88/EC provides that a Member State may take measures to prevent the introduction of, or to control diseases not listed in Part II of Annex IV thereto which constitute a significant risk for the animal health situation of aquaculture animals or wild aquatic animals in that Member State. Those measures are not to exceed the limits of what is appropriate and necessary to prevent the introduction of or control of, such diseases.
(5) The Member States which have been granted the right to require additional guarantees pursuant to Decision 2004/453/EC have provided the Commission with information on the disease situation as regards the diseases for which they have approved disease-free areas or approved control or eradication programmes. They have demonstrated the appropriateness and necessity of continuing requiring national measures in the form of placing on the market, import and transit requirements, in accordance with Article 43 of Directive 2006/88/EC.
(6) Consequently, Member States which were granted the right to require additional guarantees in accordance with Decision 2004/453/EC for the introduction of aquaculture animals of susceptible species into approved disease-free areas or areas with approved control or eradication programmes should be allowed to continue to apply these measures as national measures approved in accordance with Article 43 of Directive 2006/88/EC.
(7) In addition, Finland has provided information to support the finding that it is no longer necessary to regard certain water catchment areas as buffer zones in order to protect the disease-free status regarding SVC and IPN.
(8) In the interests of simplification of Union legislation, the specific placing on the market, import and transit requirements for consignments of aquaculture animals and wild aquatic animals intended for areas with approved national measures, should be included in the provisions and model animal health certificates laid down in Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(4).
(9) The national measures approved by this Decision should only be applied as long as they are appropriate and necessary. Therefore, the Member States should send a yearly report to the Commission on the functioning of the national measures.
(10) Any suspicion of the presence of a relevant disease in areas listed as disease-free in Annex I to this Decision should be investigated and during the investigation movement restrictions should be applied to protect other Member States with approved national measures as regards the same disease. In addition, to facilitate the necessary re-assessment of the approved national measures, any subsequent disease confirmation should be notified to the Commission and to the other Member States.
(11) The eradication programmes should lead to an improvement in the disease situation within a reasonable period of time. In the second half of 2011, the disease situation in the areas covered by such programmes should be reassessed and the appropriateness of the national measures re-evaluated. Therefore, this Decision should provide for those measures to apply only until 31 December 2011.
(12) In the interest of clarity of Union legislation, Decision 2004/453/EC should be expressly repealed.
(13) In order to prevent any disruption of trade, consignments of aquaculture animals which are accompanied by an animal health certificate issued in accordance with Annex III to Decision 2004/453/EC should be permitted to be placed on the market until 30 June 2010, subject to certain conditions.
(14) 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:

Subject matter and scope
Article 1
This Decision approves the national measures of Member States listed in Annexes I and II hereto for limiting the impact of certain diseases in aquaculture animals and wild aquatic animals in accordance with Article 43(2) of Directive 2006/88/EC.

Approval of certain national measures for limiting the impact of certain diseases not listed in Part II of Annex IV to Directive 2006/88/EC
Article 2
1. The Member States and parts thereof listed in the second and fourth column of the table in Annex I shall be regarded as free of the diseases listed in the first column of that table (disease-free areas).
2. The Member States referred to in paragraph 1 may require that the following consignments introduced into a disease-free area comply with the requirements set out in points (a) and (b) with respect to those diseases for which it is regarded as disease-free:
(a)
aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking must comply with:
(i)
the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008;
(ii)
the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008;
(iii)
the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008;
(b)
ornamental aquatic animals intended for closed ornamental facilities must comply with:
(i)
the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008;
(ii)
the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008.

Approval of national eradication programmes regarding certain diseases not listed in Part II of Annex IV to Directive 2006/88/EC
Article 3
1. The eradication programmes adopted by the Member States listed in the second column of the table in Annex II for the diseases listed in the first column of that table, in respect of the areas listed in the fourth column thereof (eradication programmes), are approved.
2. For a period until 31 December 2011, the Member States listed in the table in Annex II may require that consignments of the aquaculture animals referred to in Article 2(2)(a) and (b), introduced into an area subject to an eradication programme comply with the requirements set out in those points with respect to the diseases covered by that eradication programme.

Reporting
Article 4
1. By 30 April each year at the latest, the Member States listed in Annexes I and II shall submit a report to the Commission on the approved national measures referred to in Articles 2 and 3.
2. The report provided for in paragraph 1 shall include at least up-to-date information on:
(a)
significant risks for the animal health situation of aquaculture animals or wild aquatic animals posed by the diseases, for which the national measures apply, and the necessity and appropriateness of those measures;
(b)
national measures taken to maintain the disease-free status, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Commission Decision 2009/177/EC(5);
(c)
the evolution of the eradication programme, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Decision 2009/177/EC.

Suspicion and detection of diseases in disease-free areas
Article 5
1. Where a Member State listed in Annex I hereto suspects the presence of a disease in an area which is listed as a disease-free area for that disease in that Annex, that Member State shall take measures at least equivalent to those laid down in Article 28, Article 29(2), (3) and (4) and Article 30 of Directive 2006/88/EC.
2. Where the epizootic investigation confirms the detection of the disease referred to in paragraph 1, the Member State concerned shall inform the Commission and the other Member States thereof, and of any measures taken to contain and control that disease.

Repeal
Article 6
Decision 2004/453/EC is repealed.
References to the repealed Decision shall be construed as references to this Decision.

Transitional provisions
Article 7
For a transitional period until 31 July 2010, consignments of aquaculture animals accompanied by an animal health certificate in accordance with Annex III to Decision 2004/453/EC may be placed on the market provided that they reach their place of final destination before that date.

Applicability
Article 8
This Decision shall apply from 15 May 2010.

Addressees
Article 9
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(1), and in particular Article 43(2) thereof,
(1) Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals(2)approves the disease-free status of certain Member States or parts thereof as regards spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis virus (IPN) and infection withGyrodactylus salaris(GS) (approved disease-free areas), and control or eradication programmes of certain Member States (approved control or eradication programmes) as regards SVC, BKD and IPN.
(2) Member States with approved disease-free areas or with approved control or eradication programmes pursuant to Decision 2004/453/EC may require additional guarantees for consignments of live aquaculture fish of susceptible species to the relevant diseases intended for farming, which are to be introduced into those areas. Those additional guarantees consist of the requirement that those consignments must originate from an area with an equivalent health status as the place of destination.
(3) Directive 2006/88/EC repealed and replaced Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(3). However, Directive 2006/88/EC provides that Decision 2004/453/EC is to continue to apply for the purpose of Directive 2006/88/EC pending the adoption of the necessary provisions in accordance with that Directive, which are to be adopted not later than three years after its entry into force.
(4) Article 43 of Directive 2006/88/EC provides that a Member State may take measures to prevent the introduction of, or to control diseases not listed in Part II of Annex IV thereto which constitute a significant risk for the animal health situation of aquaculture animals or wild aquatic animals in that Member State. Those measures are not to exceed the limits of what is appropriate and necessary to prevent the introduction of or control of, such diseases.
(5) The Member States which have been granted the right to require additional guarantees pursuant to Decision 2004/453/EC have provided the Commission with information on the disease situation as regards the diseases for which they have approved disease-free areas or approved control or eradication programmes. They have demonstrated the appropriateness and necessity of continuing requiring national measures in the form of placing on the market, import and transit requirements, in accordance with Article 43 of Directive 2006/88/EC.
(6) Consequently, Member States which were granted the right to require additional guarantees in accordance with Decision 2004/453/EC for the introduction of aquaculture animals of susceptible species into approved disease-free areas or areas with approved control or eradication programmes should be allowed to continue to apply these measures as national measures approved in accordance with Article 43 of Directive 2006/88/EC.
(7) In addition, Finland has provided information to support the finding that it is no longer necessary to regard certain water catchment areas as buffer zones in order to protect the disease-free status regarding SVC and IPN.
(8) In the interests of simplification of Union legislation, the specific placing on the market, import and transit requirements for consignments of aquaculture animals and wild aquatic animals intended for areas with approved national measures, should be included in the provisions and model animal health certificates laid down in Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(4).
(9) The national measures approved by this Decision should only be applied as long as they are appropriate and necessary. Therefore, the Member States should send a yearly report to the Commission on the functioning of the national measures.
(10) Any suspicion of the presence of a relevant disease in areas listed as disease-free in Annex I to this Decision should be investigated and during the investigation movement restrictions should be applied to protect other Member States with approved national measures as regards the same disease. In addition, to facilitate the necessary re-assessment of the approved national measures, any subsequent disease confirmation should be notified to the Commission and to the other Member States.
(11) The eradication programmes should lead to an improvement in the disease situation within a reasonable period of time. In the second half of 2011, the disease situation in the areas covered by such programmes should be reassessed and the appropriateness of the national measures re-evaluated. Therefore, this Decision should provide for those measures to apply only until 31 December 2011.
(12) In the interest of clarity of Union legislation, Decision 2004/453/EC should be expressly repealed.
(13) In order to prevent any disruption of trade, consignments of aquaculture animals which are accompanied by an animal health certificate issued in accordance with Annex III to Decision 2004/453/EC should be permitted to be placed on the market until 30 June 2010, subject to certain conditions.
(14) 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:

Subject matter and scope

This Decision approves the national measures of Member States listed in Annexes I and II hereto for limiting the impact of certain diseases in aquaculture animals and wild aquatic animals in accordance with Article 43(2) of Directive 2006/88/EC.

Approval of certain national measures for limiting the impact of certain diseases not listed in Part II of Annex IV to Directive 2006/88/EC

1. The Member States and parts thereof listed in the second and fourth column of the table in Annex I shall be regarded as free of the diseases listed in the first column of that table (disease-free areas).
2. The Member States referred to in paragraph 1 may require that the following consignments introduced into a disease-free area comply with the requirements set out in points (a) and (b) with respect to those diseases for which it is regarded as disease-free:
(a)
aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking must comply with:
(i)
the placing on the market requirements laid down in Article 8a of Regulation (EC) No 1251/2008;
(ii)
the import requirements laid down in Article 10 of Regulation (EC) No 1251/2008;
(iii)
the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008;
(b)
ornamental aquatic animals intended for closed ornamental facilities must comply with:
(i)
the import requirements laid down in Article 11 of Regulation (EC) No 1251/2008;
(ii)
the transit and storage requirements laid down in Article 16 of Regulation (EC) No 1251/2008.

Approval of national eradication programmes regarding certain diseases not listed in Part II of Annex IV to Directive 2006/88/EC

1. The eradication programmes adopted by the Member States listed in the second column of the table in Annex II for the diseases listed in the first column of that table, in respect of the areas listed in the fourth column thereof (eradication programmes), are approved.
2. For a period until 31 December 2011, the Member States listed in the table in Annex II may require that consignments of the aquaculture animals referred to in Article 2(2)(a) and (b), introduced into an area subject to an eradication programme comply with the requirements set out in those points with respect to the diseases covered by that eradication programme.

Reporting

1. By 30 April each year at the latest, the Member States listed in Annexes I and II shall submit a report to the Commission on the approved national measures referred to in Articles 2 and 3.
2. The report provided for in paragraph 1 shall include at least up-to-date information on:
(a)
significant risks for the animal health situation of aquaculture animals or wild aquatic animals posed by the diseases, for which the national measures apply, and the necessity and appropriateness of those measures;
(b)
national measures taken to maintain the disease-free status, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Commission Decision 2009/177/EC(5);
(c)
the evolution of the eradication programme, including any testing that has been carried out; information concerning such testing must be provided using the model form set out in Annex VI to Decision 2009/177/EC.

Suspicion and detection of diseases in disease-free areas

1. Where a Member State listed in Annex I hereto suspects the presence of a disease in an area which is listed as a disease-free area for that disease in that Annex, that Member State shall take measures at least equivalent to those laid down in Article 28, Article 29(2), (3) and (4) and Article 30 of Directive 2006/88/EC.
2. Where the epizootic investigation confirms the detection of the disease referred to in paragraph 1, the Member State concerned shall inform the Commission and the other Member States thereof, and of any measures taken to contain and control that disease.

Repeal

Decision 2004/453/EC is repealed.
References to the repealed Decision shall be construed as references to this Decision.

Transitional provisions

For a transitional period until 31 July 2010, consignments of aquaculture animals accompanied by an animal health certificate in accordance with Annex III to Decision 2004/453/EC may be placed on the market provided that they reach their place of final destination before that date.

Applicability

This Decision shall apply from 15 May 2010.

Addressees

This Decision is addressed to the Member States.
ANNEX I
Member States and parts thereof regarded free of the diseases listed in the table and approved for national measures to prevent the introduction of those diseases in accordance with Article 43(2) of Directive 2006/88/EC

Disease | Member State | Code | Geographical demarcation of the area with approved national measures
Spring viraemia of carp (SVC) | Denmark | DK | Whole territory
Ireland | IE | Whole territory
Finland | FI | Whole territory
Sweden | SE | Whole territory
United Kingdom | UK | The territories of Northern Ireland, the Isle of Man, Jersey and Guernsey
Bacterial kidney disease (BKD) | Ireland | IE | Whole territory
United Kingdom | UK | The territories of Northern Ireland, the Isle of Man and Jersey
Infectious pancreatic necrosis virus (IPN) | Finland | FI | The continental parts of the territory
Sweden | SE | The continental parts of the territory
United Kingdom | UK | The territory of the Isle of Man
Infection withGyrodactylus salaris (GS) | Ireland | IE | The whole territory
Finland | FI | The water catchment areas of the Tenojoki and Näätämönjoki; the water catchment areas of the Paatsjoki, Luttojoki, and Uutuanjoki are considered as buffer zones
United Kingdom | UK | The territories of Great Britain, Northern Ireland, the Isle of Man, Jersey and Guernsey

ANNEX II
Member States and parts thereof with eradication programmes as regards certain diseases in aquaculture animals, and approved to take national measures to control those diseases in accordance with Article 43(2) of Directive 2006/88/EC

Disease | Member State | Code | Geographical demarcation of the area with approved national measures
Spring viraemia of carp (SVC) | United Kingdom | UK | The territories of Great Britain
Bacterial kidney disease (BKD) | Finland | FI | The continental parts of the territory
Sweden | SE | The continental parts of the territory
United Kingdom | UK | The territories of Great Britain
Infectious pancreatic necrosis virus (IPN) | Sweden | SE | The coastal parts of the territory

Pending: 32010D0024

11.1.2011 EN Official Journal of the European Union L 6/35
(1) Decision ECB/2005/11 of 17 November 2005 on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States(1)needs to be substantially amended to take account of the distribution of the European Central Bank’s (ECB’s) income arising from securities purchased in accordance with Decision ECB/2010/5 of 14 May 2010 establishing a securities markets programme(2). It should be recast in the interests of clarity.
(2) Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes(3)establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the ECB’s capital. Article 4 of Decision ECB/2010/29 and the Annex to that Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The ECB holds intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
(3) Under Article 2(2) of Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro(4), the intra-Eurosystem balances on euro banknotes in circulation are remunerated at the reference rate. Under Article 2(3) of Decision ECB/2010/23, this remuneration is settled by TARGET2 payments.
(4) Recital 7 to Decision ECB/2010/23 states that the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(5) In the same manner the ECB’s income arising from securities purchased under the securities markets programme (SMP) should in principle be distributed to the NCBs in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(6) In distributing the ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities, the ECB should take into account an estimate of its financial result for the year that makes due allowance for the need to allocate funds to a provision for foreign exchange rate, interest rate, credit and gold price risks, and for the availability of provisions that may be released to offset anticipated expenses.
(7) In determining the amount of the ECB’s net profit to be transferred to the general reserve fund pursuant to Article 33.1 of the Statute of the ESCB, the Governing Council should consider that any part of that profit which corresponds to income on euro banknotes in circulation and income arising from SMP securities should be distributed to the NCBs in full,
(a) ‘NCB’ means the national central bank of a Member State whose currency is the euro;
(b) ‘intra-Eurosystem balances on euro banknotes in circulation’ means the claims and liabilities arising between an NCB and the ECB and between an NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2010/29;
(c) ‘ECB’s income on euro banknotes in circulation’ means the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation as a result of the application of Article 2 of Decision ECB/2010/23;
(d) ‘ECB’s income arising from SMP securities’ means the net income arising from securities purchased by the ECB under the SMP in accordance with Decision ECB/2010/5.
1. The Governing Council shall decide before the end of the financial year whether all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation should be retained to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year. Any such decision shall be taken where, on the basis of a reasoned estimate prepared by the Executive Board, the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income on euro banknotes in circulation and the estimated amount of its income arising from SMP securities.
2. The Governing Council may decide before the end of the financial year to transfer all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation to a provision for foreign exchange rate, interest rate, credit and gold price risks.
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 33 thereof,
(1) Decision ECB/2005/11 of 17 November 2005 on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States(1)needs to be substantially amended to take account of the distribution of the European Central Bank’s (ECB’s) income arising from securities purchased in accordance with Decision ECB/2010/5 of 14 May 2010 establishing a securities markets programme(2). It should be recast in the interests of clarity.
(2) Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes(3)establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the ECB’s capital. Article 4 of Decision ECB/2010/29 and the Annex to that Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The ECB holds intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
(3) Under Article 2(2) of Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro(4), the intra-Eurosystem balances on euro banknotes in circulation are remunerated at the reference rate. Under Article 2(3) of Decision ECB/2010/23, this remuneration is settled by TARGET2 payments.
(4) Recital 7 to Decision ECB/2010/23 states that the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(5) In the same manner the ECB’s income arising from securities purchased under the securities markets programme (SMP) should in principle be distributed to the NCBs in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(6) In distributing the ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities, the ECB should take into account an estimate of its financial result for the year that makes due allowance for the need to allocate funds to a provision for foreign exchange rate, interest rate, credit and gold price risks, and for the availability of provisions that may be released to offset anticipated expenses.
(7) In determining the amount of the ECB’s net profit to be transferred to the general reserve fund pursuant to Article 33.1 of the Statute of the ESCB, the Governing Council should consider that any part of that profit which corresponds to income on euro banknotes in circulation and income arising from SMP securities should be distributed to the NCBs in full,
HAS ADOPTED THIS DECISION:

Definitions
Article 1
For the purposes of this Decision:
(a)
‘NCB’ means the national central bank of a Member State whose currency is the euro;
(b)
‘intra-Eurosystem balances on euro banknotes in circulation’ means the claims and liabilities arising between an NCB and the ECB and between an NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2010/29;
(c)
‘ECB’s income on euro banknotes in circulation’ means the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation as a result of the application of Article 2 of Decision ECB/2010/23;
(d)
‘ECB’s income arising from SMP securities’ means the net income arising from securities purchased by the ECB under the SMP in accordance with Decision ECB/2010/5.

Interim distribution of the ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities
Article 2
1. The ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities shall be due in full to the NCBs in the same financial year it accrues and shall be distributed to the NCBs in proportion to their paid-up shares in the subscribed capital of the ECB.
2. The ECB shall distribute to the NCBs its income on euro banknotes in circulation accrued each financial year on the second working day of the following year.
3. The ECB shall distribute to the NCBs its income arising from SMP securities earned in each financial year on the last working day in January of the following year.
4. The amount of the ECB’s income on euro banknotes in circulation may be reduced in accordance with any decision by the Governing Council on the basis of the Statute of the ESCB in respect of expenses incurred by the ECB in connection with the issue and handling of euro banknotes.

Derogation from Article 2
Article 3
In derogation from Article 2:
1.
The Governing Council shall decide before the end of the financial year whether all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation should be retained to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year. Any such decision shall be taken where, on the basis of a reasoned estimate prepared by the Executive Board, the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income on euro banknotes in circulation and the estimated amount of its income arising from SMP securities.
2.
The Governing Council may decide before the end of the financial year to transfer all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation to a provision for foreign exchange rate, interest rate, credit and gold price risks.

Repeal
Article 4
Decision ECB/2005/11 is hereby repealed. References to the repealed Decision shall be construed as references to this Decision.

Entry into force
Article 5
This Decision shall enter into force on 31 December 2010.

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 33 thereof,
(1) Decision ECB/2005/11 of 17 November 2005 on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States(1)needs to be substantially amended to take account of the distribution of the European Central Bank’s (ECB’s) income arising from securities purchased in accordance with Decision ECB/2010/5 of 14 May 2010 establishing a securities markets programme(2). It should be recast in the interests of clarity.
(2) Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes(3)establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the ECB’s capital. Article 4 of Decision ECB/2010/29 and the Annex to that Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The ECB holds intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
(3) Under Article 2(2) of Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro(4), the intra-Eurosystem balances on euro banknotes in circulation are remunerated at the reference rate. Under Article 2(3) of Decision ECB/2010/23, this remuneration is settled by TARGET2 payments.
(4) Recital 7 to Decision ECB/2010/23 states that the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(5) In the same manner the ECB’s income arising from securities purchased under the securities markets programme (SMP) should in principle be distributed to the NCBs in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(6) In distributing the ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities, the ECB should take into account an estimate of its financial result for the year that makes due allowance for the need to allocate funds to a provision for foreign exchange rate, interest rate, credit and gold price risks, and for the availability of provisions that may be released to offset anticipated expenses.
(7) In determining the amount of the ECB’s net profit to be transferred to the general reserve fund pursuant to Article 33.1 of the Statute of the ESCB, the Governing Council should consider that any part of that profit which corresponds to income on euro banknotes in circulation and income arising from SMP securities should be distributed to the NCBs in full,
HAS ADOPTED THIS DECISION:

Definitions

For the purposes of this Decision:
(a)
‘NCB’ means the national central bank of a Member State whose currency is the euro;
(b)
‘intra-Eurosystem balances on euro banknotes in circulation’ means the claims and liabilities arising between an NCB and the ECB and between an NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2010/29;
(c)
‘ECB’s income on euro banknotes in circulation’ means the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation as a result of the application of Article 2 of Decision ECB/2010/23;
(d)
‘ECB’s income arising from SMP securities’ means the net income arising from securities purchased by the ECB under the SMP in accordance with Decision ECB/2010/5.

Interim distribution of the ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities

1. The ECB’s income on euro banknotes in circulation and the ECB’s income arising from SMP securities shall be due in full to the NCBs in the same financial year it accrues and shall be distributed to the NCBs in proportion to their paid-up shares in the subscribed capital of the ECB.
2. The ECB shall distribute to the NCBs its income on euro banknotes in circulation accrued each financial year on the second working day of the following year.
3. The ECB shall distribute to the NCBs its income arising from SMP securities earned in each financial year on the last working day in January of the following year.
4. The amount of the ECB’s income on euro banknotes in circulation may be reduced in accordance with any decision by the Governing Council on the basis of the Statute of the ESCB in respect of expenses incurred by the ECB in connection with the issue and handling of euro banknotes.

Derogation from Article 2

In derogation from Article 2:
1.
The Governing Council shall decide before the end of the financial year whether all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation should be retained to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year. Any such decision shall be taken where, on the basis of a reasoned estimate prepared by the Executive Board, the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income on euro banknotes in circulation and the estimated amount of its income arising from SMP securities.
2.
The Governing Council may decide before the end of the financial year to transfer all or part of the ECB’s income arising from SMP securities and, if necessary, all or part of the ECB’s income on euro banknotes in circulation to a provision for foreign exchange rate, interest rate, credit and gold price risks.

Repeal

Decision ECB/2005/11 is hereby repealed. References to the repealed Decision shall be construed as references to this Decision.

Entry into force

This Decision shall enter into force on 31 December 2010.

Pending: 32009D0935

11.12.2009 EN Official Journal of the European Union L 325/12
(1) It is for the Council, acting by qualified majority after consulting the European Parliament, to determine, in a list, the third States and organisations referred to in Article 23(1) of the Europol Decision with which Europol shall conclude agreements.
(2) It is for the Management Board to prepare such list.
(3) It is desirable to provide for a procedure establishing how additional third States and organisations may be added to the list of third States and organisations with which Europol shall conclude agreements,
1. Third States (in alphabetical order):—Albania—Australia—Bolivia—Bosnia and Herzegovina—Canada—China—Colombia—Croatia—former Yugoslav Republic of Macedonia—Iceland—India—Israel—Liechtenstein—Moldova—Monaco—Montenegro—Morocco—Norway—Peru—Russia—Serbia—Switzerland—Turkey—Ukraine—United States of America — Albania — Australia — Bolivia — Bosnia and Herzegovina — Canada — China — Colombia — Croatia — former Yugoslav Republic of Macedonia — Iceland — India — Israel — Liechtenstein — Moldova — Monaco — Montenegro — Morocco — Norway — Peru — Russia — Serbia — Switzerland — Turkey — Ukraine — United States of America
— Albania
— Australia
— Bolivia
— Bosnia and Herzegovina
— Canada
— China
— Colombia
— Croatia
— former Yugoslav Republic of Macedonia
— Iceland
— India
— Israel
— Liechtenstein
— Moldova
— Monaco
— Montenegro
— Morocco
— Norway
— Peru
— Russia
— Serbia
— Switzerland
— Turkey
— Ukraine
— United States of America
— Albania
— Australia
— Bolivia
— Bosnia and Herzegovina
— Canada
— China
— Colombia
— Croatia
— former Yugoslav Republic of Macedonia
— Iceland
— India
— Israel
— Liechtenstein
— Moldova
— Monaco
— Montenegro
— Morocco
— Norway
— Peru
— Russia
— Serbia
— Switzerland
— Turkey
— Ukraine
— United States of America
2. Organisations (in alphabetical order):—ICPO-Interpol—United Nations Office on Drugs and Crime (UNODC)—World Customs Organisation — ICPO-Interpol — United Nations Office on Drugs and Crime (UNODC) — World Customs Organisation
— ICPO-Interpol
— United Nations Office on Drugs and Crime (UNODC)
— World Customs Organisation
— ICPO-Interpol
— United Nations Office on Drugs and Crime (UNODC)
— World Customs Organisation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)(1)(the Europol Decision) and in particular Article 26(1)(a) thereof,
Having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information(2)and in particular Articles 5 and 6 thereof,
Having regard to the Opinion of the European Parliament,
(1) It is for the Council, acting by qualified majority after consulting the European Parliament, to determine, in a list, the third States and organisations referred to in Article 23(1) of the Europol Decision with which Europol shall conclude agreements.
(2) It is for the Management Board to prepare such list.
(3) It is desirable to provide for a procedure establishing how additional third States and organisations may be added to the list of third States and organisations with which Europol shall conclude agreements,
HAS DECIDED AS FOLLOWS:

Article 1
1. In accordance with Article 23(2) of the Europol Decision, Europol shall conclude agreements with the third States and organisations placed on the list in the Annex to this Decision. Europol may initiate the procedure for the conclusion of an agreement as soon as the third State or organisation has been placed on that list. Europol shall strive for the conclusion of a cooperation agreement with those third States and organisations which allows for the exchange of personal data, unless decided otherwise by the Management Board.
2. Europol shall prioritise the conclusion of cooperation agreements with third States and organisations placed on the list, taking account of its operational needs and the human and financial resources available. The Management Board may provide the Director with any further instructions concerning the negotiation of a specific agreement as it considers necessary.
3. The Director shall inform the Management Board on a regular basis of the state of play of ongoing negotiations with third parties and shall submit a progress report every six months.

Article 2
1. A Member of the Management Board or Europol may propose to add a new third State or organisation to the list. In doing so, they shall outline the operational need to conclude a cooperation agreement with that third State or organisation.
2. The Management Board shall decide whether or not to propose to the Council the addition of that third State or organisation to the list.
3. The Council shall decide on the addition of the third State or organisation to the list by amending the Annex to this Decision.

Article 3
This Decision shall enter into force on 1 January 2010.

Article 4
This Decision shall be published in theOfficial Journal of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)(1)(the Europol Decision) and in particular Article 26(1)(a) thereof,
Having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information(2)and in particular Articles 5 and 6 thereof,
Having regard to the Opinion of the European Parliament,
(1) It is for the Council, acting by qualified majority after consulting the European Parliament, to determine, in a list, the third States and organisations referred to in Article 23(1) of the Europol Decision with which Europol shall conclude agreements.
(2) It is for the Management Board to prepare such list.
(3) It is desirable to provide for a procedure establishing how additional third States and organisations may be added to the list of third States and organisations with which Europol shall conclude agreements,
HAS DECIDED AS FOLLOWS:
1. In accordance with Article 23(2) of the Europol Decision, Europol shall conclude agreements with the third States and organisations placed on the list in the Annex to this Decision. Europol may initiate the procedure for the conclusion of an agreement as soon as the third State or organisation has been placed on that list. Europol shall strive for the conclusion of a cooperation agreement with those third States and organisations which allows for the exchange of personal data, unless decided otherwise by the Management Board.
2. Europol shall prioritise the conclusion of cooperation agreements with third States and organisations placed on the list, taking account of its operational needs and the human and financial resources available. The Management Board may provide the Director with any further instructions concerning the negotiation of a specific agreement as it considers necessary.
3. The Director shall inform the Management Board on a regular basis of the state of play of ongoing negotiations with third parties and shall submit a progress report every six months.
1. A Member of the Management Board or Europol may propose to add a new third State or organisation to the list. In doing so, they shall outline the operational need to conclude a cooperation agreement with that third State or organisation.
2. The Management Board shall decide whether or not to propose to the Council the addition of that third State or organisation to the list.
3. The Council shall decide on the addition of the third State or organisation to the list by amending the Annex to this Decision.
This Decision shall enter into force on 1 January 2010.
This Decision shall be published in theOfficial Journal of the European Union.
ANNEXList of third States and organisations with which Europol shall conclude agreements:

1. | Third States (in alphabetical order):—Albania—Australia—Bolivia—Bosnia and Herzegovina—Canada—China—Colombia—Croatia—former Yugoslav Republic of Macedonia—Iceland—India—Israel—Liechtenstein—Moldova—Monaco—Montenegro—Morocco—Norway—Peru—Russia—Serbia—Switzerland—Turkey—Ukraine—United States of America | — | Albania | — | Australia | — | Bolivia | — | Bosnia and Herzegovina | — | Canada | — | China | — | Colombia | — | Croatia | — | former Yugoslav Republic of Macedonia | — | Iceland | — | India | — | Israel | — | Liechtenstein | — | Moldova | — | Monaco | — | Montenegro | — | Morocco | — | Norway | — | Peru | — | Russia | — | Serbia | — | Switzerland | — | Turkey | — | Ukraine | — | United States of America
— | Albania
— | Australia
— | Bolivia
— | Bosnia and Herzegovina
— | Canada
— | China
— | Colombia
— | Croatia
— | former Yugoslav Republic of Macedonia
— | Iceland
— | India
— | Israel
— | Liechtenstein
— | Moldova
— | Monaco
— | Montenegro
— | Morocco
— | Norway
— | Peru
— | Russia
— | Serbia
— | Switzerland
— | Turkey
— | Ukraine
— | United States of America
2. | Organisations (in alphabetical order):—ICPO-Interpol—United Nations Office on Drugs and Crime (UNODC)—World Customs Organisation | — | ICPO-Interpol | — | United Nations Office on Drugs and Crime (UNODC) | — | World Customs Organisation
— | ICPO-Interpol
— | United Nations Office on Drugs and Crime (UNODC)
— | World Customs Organisation

Pending: 32009D0712

19.9.2009 EN Official Journal of the European Union L 247/13
(1) Intra-Community trade in certain live animals and their products is only permitted from establishments that comply with the relevant provisions of Community law and are approved for that purpose by the competent authority of the Member State where they are located.
(2) Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields(22)provides that Member States are to draw up, keep up to date and make the lists of approved establishments in the veterinary and zootechnical fields available to the other Member States and to the public.
(3) In addition, Directive 2008/73/EC lays down that Member States have the responsibility to provide to the other Member States and to the public up-to-date information concerning national reference laboratories and certain other laboratories that they have designated in accordance with the relevant provisions of Community law.
(4) In order to facilitate access by the other Member States and by the public to the lists of approved establishments and laboratories, the lists should be made electronically available by Member States by means of Internet-based information pages.
(5) The Commission should assist Member States in making those lists available to the other Member States and to the public by providing the Internet address of a website which shall display national links to Internet-based information pages of the Member States.
(6) In order to facilitate the exchange of information by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that lists are presented in a uniform way throughout the Community. Models of the layout of the Internet-based information pages should therefore be set out in the Annexes to this Decision.
(7) In the case of equidae, the format of the list of approved or recognised bodies maintaining or establishing studbooks to be drawn up in accordance with Article 5 of Directive 90/427/EEC should also provide the information required in accordance with Article 22 of Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae(23)and should be easily adaptable for the listing of other bodies issuing identification documents for registered equidae or equidae for breeding and production.
(8) By reference to Article 2(2)(o) of Directive 64/432/EEC, Article 7(1) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(24)implies the obligation of listing assembly centres approved for trade in equidae including markets or marshalling centres.
(9) Directive 2008/73/EC is to be transposed by the Member States by 1 January 2010 at the latest. Accordingly, the Internet-based information pages should be made available by that date.
(10) Commission Decision 2007/846/EC of 6 December 2007 establishing a model for the lists of entities approved by Member States in accordance with various provisions of Community veterinary legislation, and the rules applying to the transmission of these lists to the Commission(25), establishes a common model for the lists of certain entities approved by Member States and the rules applying to the transmission of these lists.
(11) In the interests of clarity of Community legislation, Decision 2007/846/EC should be repealed and replaced by this Decision.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and the Standing Committee on Zootechnics,
(a) establishments in the veterinary field as set as in Chapter 1 of Annex II;
(b) establishments in the zootechnical field as set out in Chapter 2 of Annex II; and
(c) laboratories as set out in Chapter 3 of Annex II.
…Member State(insert name) …List of assembly centres approved for intra-Community trade in bovine animals and swine (Directive 64/432/EEC), equidae (Directive 90/426/EEC), ovine and caprine (Directive 91/68/EEC) animals …Version(insert date)
…Approval number …Approval date …Name …Contact details …Species …Remarks
@www
…Member State(insert name) …List of approved dealers and registered premises used by dealers in connection with their business (Directives 64/432/EEC and 91/68/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Species …Remarks
@www
…Member State(insert name) …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the bovine species (Directive 88/407/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the bovine species (Directive 88/407/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the porcine species (Directive 90/429/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the ovine and caprine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the ovine and caprine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the equine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the equine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of approved embryo collection and/or production teams (tick as appropriate) for intra-Community trade in embryos and ova of domestic animals of the bovine species (Directive 89/556/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Collection …Production …Remarks
@www
…Member State(insert name) …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the equine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Collection …Production …Remarks
@www
…Member State(insert name) …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the ovine and caprine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Collection …Production …Remarks
@www
…Member State(insert name) …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the porcine species (Directive 92/65/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Collection …Production …Remarks
@www
…Member State(insert name) …List of approved quarantine facilities or centres for the importation of birds other than poultry (Directives 92/65/EEC and 91/496/EEC) …Version(insert date)
…Approval number …Approval date …Name of the competent local veterinary unit (LVU) …LVU Traces number …LVU contact details …Remarks
@www
…Member State(insert name) …List of establishments for poultry(tick as appropriate)(Directive 90/539/EEC) …Version(insert date)
…Approval number …Approval date …Name …Contact details …Hatchery …Breeding …Rearing …Remarks
@www
…Member State(insert name) …List of bodies, institutes and centres approved for intra-Community trade in animals as defined in Article 2(1)(c) of Directive 92/65/EEC …Version(insert date)
…Approval number …Approval date …Name …Contact details …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 1(b) of Directive 77/504/EEC officially recognised for the purpose of maintaining or establishing herd-books …Version(insert date)
…Name …Approval date …Contact details …Name of the breed(s) …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 1(c) of Directive 88/661/EEC officially approved for maintaining herd-books …Version(insert date)
…Name …Approval date …Contact details …Name of the breed(s) …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 1(d) of Directive 88/661/EEC officially approved for maintaining registers …Version(insert date)
…Name …Approval date …Contact details …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 2(b) of Directive 89/361/EEC officially approved for the purpose of maintaining or establishing flock books …Version(insert date)
…Name …Approval date …Contact details …Name of the breed(s) …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 2(b) of Directive 89/361/EEC officially approved for the purpose of maintaining or establishing flock books …Version(insert date)
…Name …Approval date …Contact details …Name of the breed(s) …Remarks
@www
…Member State(insert name) …List of bodies as referred to in Article 2(c) of Directive 90/427/EEC officially approved or recognised for maintaining or establishing studbooks …Version(insert date)
…Six digit UELN — compatible identification code of the database …Name …Approval date …Contact details …Name of the breed …Studbook of the origin of the breed …Remarks
@www
…Member State(insert name) …Criteria laid down for the distribution of funds for the safeguard, development and, improvement of breeding (Directive 90/428/EEC) …Version(insert date)
…Member State(insert name) …Equestrian discipline …Number of competitions falling under the derogation according to Article 4(2) first indent of Council Directive 90/428/EEC …year(insert date)
…Member State(insert name) …List of national reference laboratories (Directives 64/432/EEC, 90/539/EEC, 92/35/EEC, 92/66/EEC, 92/119/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC and 2005/94/EC) …Version(insert date)
…Name …Contact details …Directive …Disease
@www
…Member State(insert name) …List of laboratories approved to perform the serological tests to monitor the effectiveness of rabies vaccines (Decision 2000/258/EC) …Version(insert date)
…Name …Contact details …Approval date …Remarks
@www
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(1), and in particular the third paragraph of Article 6a, Articles 11(6) and 13(6) thereof,
Having regard to Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species(2), and in particular Article 4a(2) thereof,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(3), and in particular Articles 5(3)and 9(3) thereof,
Having regard to Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species(4), and in particular the second paragraph of Article 4a thereof,
Having regard to Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats(5), and in particular the second paragraph of Article 5 thereof,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(6), and in particular Articles 5(3) and 8(3) thereof,
Having regard to Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae(7), and in particular the second paragraph of Article 5 thereof,
Having regard to Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein(8), and in particular Article 4(3) thereof,
Having regard to Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(9), and in particular Articles 5(3) and 8(3) thereof,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(10), and in particular the third paragraph of Article 4 and the second paragraph of Article 6a,
Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(11), and in particular Article 8a (6) and the second subparagraph of Article 8b(5) thereof,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(12), and in particular Article 10(4)(b) thereof,
Having regard to Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness(13), and in particular the second subparagraph of Article 14(1) thereof,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(14), and in particular the third subparagraph of Article 11(4), the third subparagraph of Article 13(2)(d) and the fifth subparagraph of Article 17(3)(b) thereof,
Having regard to Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(15), and in particular the second subparagraph of Article 14(5) thereof,
Having regard to Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease(16), and in particular Article 17(7),
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(17), and in particular the second subparagraph of Article 15(1) thereof,
Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(18), and in particular Article 3(3) thereof,
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(19), and in particular the second subparagraph of Article 17(1)(b) thereof,
Having regard to Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(20), and in particular the second subparagraph of Article 18(1)(b) thereof,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(21), and in particular Article 51(2) thereof,
(1) Intra-Community trade in certain live animals and their products is only permitted from establishments that comply with the relevant provisions of Community law and are approved for that purpose by the competent authority of the Member State where they are located.
(2) Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields(22)provides that Member States are to draw up, keep up to date and make the lists of approved establishments in the veterinary and zootechnical fields available to the other Member States and to the public.
(3) In addition, Directive 2008/73/EC lays down that Member States have the responsibility to provide to the other Member States and to the public up-to-date information concerning national reference laboratories and certain other laboratories that they have designated in accordance with the relevant provisions of Community law.
(4) In order to facilitate access by the other Member States and by the public to the lists of approved establishments and laboratories, the lists should be made electronically available by Member States by means of Internet-based information pages.
(5) The Commission should assist Member States in making those lists available to the other Member States and to the public by providing the Internet address of a website which shall display national links to Internet-based information pages of the Member States.
(6) In order to facilitate the exchange of information by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that lists are presented in a uniform way throughout the Community. Models of the layout of the Internet-based information pages should therefore be set out in the Annexes to this Decision.
(7) In the case of equidae, the format of the list of approved or recognised bodies maintaining or establishing studbooks to be drawn up in accordance with Article 5 of Directive 90/427/EEC should also provide the information required in accordance with Article 22 of Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae(23)and should be easily adaptable for the listing of other bodies issuing identification documents for registered equidae or equidae for breeding and production.
(8) By reference to Article 2(2)(o) of Directive 64/432/EEC, Article 7(1) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(24)implies the obligation of listing assembly centres approved for trade in equidae including markets or marshalling centres.
(9) Directive 2008/73/EC is to be transposed by the Member States by 1 January 2010 at the latest. Accordingly, the Internet-based information pages should be made available by that date.
(10) Commission Decision 2007/846/EC of 6 December 2007 establishing a model for the lists of entities approved by Member States in accordance with various provisions of Community veterinary legislation, and the rules applying to the transmission of these lists to the Commission(25), establishes a common model for the lists of certain entities approved by Member States and the rules applying to the transmission of these lists.
(11) In the interests of clarity of Community legislation, Decision 2007/846/EC should be repealed and replaced by this Decision.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and the Standing Committee on Zootechnics,
HAS ADOPTED THIS DECISION:

Internet-based information pages
Article 1
1. Member States shall establish by 1 January 2010 at the latest Internet-based information pages in order to make electronically available to the other Member States and to the public the lists of the following establishments and laboratories which are approved, recognised or otherwise designated in accordance with the Directives listed in Annex I (approval):
(a)
establishments in the veterinary field as set as in Chapter 1 of Annex II;
(b)
establishments in the zootechnical field as set out in Chapter 2 of Annex II; and
(c)
laboratories as set out in Chapter 3 of Annex II.
2. The Internet-based information pages shall be drawn up by Member States in conformity with the models set out in Annex II and with the additional requirements set out in Annex III.
3. Member States shall keep the Internet-based information pages up to date so that they take into account any new approval and any suspension or withdrawal thereof of establishments and laboratories where they no longer comply with the relevant Community provisions.
4. Member States shall communicate the Internet address of their Internet-based information pages to the Commission.

Repeal
Article 2
Decision 2007/846/EC is repealed with effect from 1 January 2010.

Addressees
Article 3
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(1), and in particular the third paragraph of Article 6a, Articles 11(6) and 13(6) thereof,
Having regard to Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species(2), and in particular Article 4a(2) thereof,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(3), and in particular Articles 5(3)and 9(3) thereof,
Having regard to Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species(4), and in particular the second paragraph of Article 4a thereof,
Having regard to Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats(5), and in particular the second paragraph of Article 5 thereof,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(6), and in particular Articles 5(3) and 8(3) thereof,
Having regard to Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae(7), and in particular the second paragraph of Article 5 thereof,
Having regard to Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein(8), and in particular Article 4(3) thereof,
Having regard to Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(9), and in particular Articles 5(3) and 8(3) thereof,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(10), and in particular the third paragraph of Article 4 and the second paragraph of Article 6a,
Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(11), and in particular Article 8a (6) and the second subparagraph of Article 8b(5) thereof,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(12), and in particular Article 10(4)(b) thereof,
Having regard to Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness(13), and in particular the second subparagraph of Article 14(1) thereof,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(14), and in particular the third subparagraph of Article 11(4), the third subparagraph of Article 13(2)(d) and the fifth subparagraph of Article 17(3)(b) thereof,
Having regard to Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(15), and in particular the second subparagraph of Article 14(5) thereof,
Having regard to Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease(16), and in particular Article 17(7),
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(17), and in particular the second subparagraph of Article 15(1) thereof,
Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(18), and in particular Article 3(3) thereof,
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(19), and in particular the second subparagraph of Article 17(1)(b) thereof,
Having regard to Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(20), and in particular the second subparagraph of Article 18(1)(b) thereof,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(21), and in particular Article 51(2) thereof,
(1) Intra-Community trade in certain live animals and their products is only permitted from establishments that comply with the relevant provisions of Community law and are approved for that purpose by the competent authority of the Member State where they are located.
(2) Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields(22)provides that Member States are to draw up, keep up to date and make the lists of approved establishments in the veterinary and zootechnical fields available to the other Member States and to the public.
(3) In addition, Directive 2008/73/EC lays down that Member States have the responsibility to provide to the other Member States and to the public up-to-date information concerning national reference laboratories and certain other laboratories that they have designated in accordance with the relevant provisions of Community law.
(4) In order to facilitate access by the other Member States and by the public to the lists of approved establishments and laboratories, the lists should be made electronically available by Member States by means of Internet-based information pages.
(5) The Commission should assist Member States in making those lists available to the other Member States and to the public by providing the Internet address of a website which shall display national links to Internet-based information pages of the Member States.
(6) In order to facilitate the exchange of information by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that lists are presented in a uniform way throughout the Community. Models of the layout of the Internet-based information pages should therefore be set out in the Annexes to this Decision.
(7) In the case of equidae, the format of the list of approved or recognised bodies maintaining or establishing studbooks to be drawn up in accordance with Article 5 of Directive 90/427/EEC should also provide the information required in accordance with Article 22 of Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae(23)and should be easily adaptable for the listing of other bodies issuing identification documents for registered equidae or equidae for breeding and production.
(8) By reference to Article 2(2)(o) of Directive 64/432/EEC, Article 7(1) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(24)implies the obligation of listing assembly centres approved for trade in equidae including markets or marshalling centres.
(9) Directive 2008/73/EC is to be transposed by the Member States by 1 January 2010 at the latest. Accordingly, the Internet-based information pages should be made available by that date.
(10) Commission Decision 2007/846/EC of 6 December 2007 establishing a model for the lists of entities approved by Member States in accordance with various provisions of Community veterinary legislation, and the rules applying to the transmission of these lists to the Commission(25), establishes a common model for the lists of certain entities approved by Member States and the rules applying to the transmission of these lists.
(11) In the interests of clarity of Community legislation, Decision 2007/846/EC should be repealed and replaced by this Decision.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and the Standing Committee on Zootechnics,
HAS ADOPTED THIS DECISION:

Internet-based information pages

1. Member States shall establish by 1 January 2010 at the latest Internet-based information pages in order to make electronically available to the other Member States and to the public the lists of the following establishments and laboratories which are approved, recognised or otherwise designated in accordance with the Directives listed in Annex I (approval):
(a)
establishments in the veterinary field as set as in Chapter 1 of Annex II;
(b)
establishments in the zootechnical field as set out in Chapter 2 of Annex II; and
(c)
laboratories as set out in Chapter 3 of Annex II.
2. The Internet-based information pages shall be drawn up by Member States in conformity with the models set out in Annex II and with the additional requirements set out in Annex III.
3. Member States shall keep the Internet-based information pages up to date so that they take into account any new approval and any suspension or withdrawal thereof of establishments and laboratories where they no longer comply with the relevant Community provisions.
4. Member States shall communicate the Internet address of their Internet-based information pages to the Commission.

Repeal

Decision 2007/846/EC is repealed with effect from 1 January 2010.

Addressees

This Decision is addressed to the Member States.

CHAPTER 1

ANNEX I
Veterinary Legislation
Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine
Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species
Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae
Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species
Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs
Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals
Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC
Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African Horse Sickness
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC
Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease
Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease
Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue
Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines
Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever
Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever
Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC

CHAPTER 2

Zootechnical Legislation
Council Directive 77/504/EEC of 25 July 1977 on pure-breed breeding animals of the bovine species
Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae
Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein

CHAPTER 1

ANNEX IIESTABLISHMENTS IN THE VETERINARY FIELDI. Assembly centres

…Member State(insert name) | …List of assembly centres approved for intra-Community trade in bovine animals and swine (Directive 64/432/EEC), equidae (Directive 90/426/EEC), ovine and caprine (Directive 91/68/EEC) animals | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Species | …Remarks
| | | @www | |
II. Dealers

…Member State(insert name) | …List of approved dealers and registered premises used by dealers in connection with their business (Directives 64/432/EEC and 91/68/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Species | …Remarks
| | | @www | | III. Semen collection and storage centres
(a) Bovine semen collection centres

…Member State(insert name) | …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the bovine species (Directive 88/407/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(b) Bovine semen storage centres

…Member State(insert name) | …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the bovine species (Directive 88/407/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(c) Porcine semen collection centres

…Member State(insert name) | …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the porcine species (Directive 90/429/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(d) Ovine and caprine semen collection centres

…Member State(insert name) | …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the ovine and caprine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(e) Ovine and caprine semen storage centres

…Member State(insert name) | …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the ovine and caprine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(f) Equine semen collection centres

…Member State(insert name) | …List of approved semen collection centres for intra-Community trade in semen of domestic animals of the equine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
(g) Equine semen storage centres

…Member State(insert name) | …List of approved semen storage centres for intra-Community trade in semen of domestic animals of the equine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www | IV. Embryo collection and production teams
(a) Bovine embryo collection and production teams

…Member State(insert name) | …List of approved embryo collection and/or production teams (tick as appropriate) for intra-Community trade in embryos and ova of domestic animals of the bovine species (Directive 89/556/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Collection | …Production | …Remarks
| | | @www |  |  |
(b) Equine embryo collection and production teams

…Member State(insert name) | …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the equine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Collection | …Production | …Remarks
| | | @www |  |  |
(c) Ovine and caprine embryo collection and production teams

…Member State(insert name) | …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the ovine and caprine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Collection | …Production | …Remarks
| | | @www |  |  |
(d) Porcine embryo collection and production teams

…Member State(insert name) | …List of approved embryo collection and/or production teams(tick as appropriate)for intra-Community trade in embryos and ova of domestic animals of the porcine species (Directive 92/65/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Collection | …Production | …Remarks
| | | @www |  |  | V. Quarantine facilities or centres

…Member State(insert name) | …List of approved quarantine facilities or centres for the importation of birds other than poultry (Directives 92/65/EEC and 91/496/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name of the competent local veterinary unit (LVU) | …LVU Traces number | …LVU contact details | …Remarks
| | | | @www |
VI. Establishments for poultry

…Member State(insert name) | …List of establishments for poultry(tick as appropriate)(Directive 90/539/EEC) | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Hatchery | …Breeding | …Rearing | …Remarks
| | | @www |  |  |  |
VII. Bodies, institutes and centres

…Member State(insert name) | …List of bodies, institutes and centres approved for intra-Community trade in animals as defined in Article 2(1)(c) of Directive 92/65/EEC | …Version(insert date)
…Approval number | …Approval date | …Name | …Contact details | …Remarks
| | | @www |
CHAPTER 2
ESTABLISHMENTS IN THE ZOOTECHNICAL FIELDI. Bodies approved or recognised for maintaining or establishing a herd-book, flock book or studbook
(a) Bovine species

…Member State(insert name) | …List of bodies as referred to in Article 1(b) of Directive 77/504/EEC officially recognised for the purpose of maintaining or establishing herd-books | …Version(insert date)
…Name | …Approval date | …Contact details | …Name of the breed(s) | …Remarks
| | @www | |
(b) Porcine species (pure-bred breeding pigs)

…Member State(insert name) | …List of bodies as referred to in Article 1(c) of Directive 88/661/EEC officially approved for maintaining herd-books | …Version(insert date)
…Name | …Approval date | …Contact details | …Name of the breed(s) | …Remarks
| | @www | |
(c) Porcine species (hybrid breeding pigs)

…Member State(insert name) | …List of bodies as referred to in Article 1(d) of Directive 88/661/EEC officially approved for maintaining registers | …Version(insert date)
…Name | …Approval date | …Contact details | …Remarks
| | @www |
(d) Ovine species

…Member State(insert name) | …List of bodies as referred to in Article 2(b) of Directive 89/361/EEC officially approved for the purpose of maintaining or establishing flock books | …Version(insert date)
…Name | …Approval date | …Contact details | …Name of the breed(s) | …Remarks
| | @www | |
(e) Caprine species

…Member State(insert name) | …List of bodies as referred to in Article 2(b) of Directive 89/361/EEC officially approved for the purpose of maintaining or establishing flock books | …Version(insert date)
…Name | …Approval date | …Contact details | …Name of the breed(s) | …Remarks
| | @www | |
(f) Equine species

…Member State(insert name) | …List of bodies as referred to in Article 2(c) of Directive 90/427/EEC officially approved or recognised for maintaining or establishing studbooks | …Version(insert date)
…Six digit UELN — compatible identification code of the database | …Name | …Approval date | …Contact details | …Name of the breed | …Studbook of the origin of the breed | …Remarks
| | | @www | | | II. Criteria laid down for the distribution of funds for the safeguard, development and, improvement of breeding

…Member State(insert name) | …Criteria laid down for the distribution of funds for the safeguard, development and, improvement of breeding (Directive 90/428/EEC) | …Version(insert date)
| |
III. Equine competitions falling under the derogation from the principle of non-discrimination

…Member State(insert name) | …Equestrian discipline | …Number of competitions falling under the derogation according to Article 4(2) first indent of Council Directive 90/428/EEC | …year(insert date)
| | |
CHAPTER 3
LABORATORIESI. National reference laboratories

…Member State(insert name) | …List of national reference laboratories (Directives 64/432/EEC, 90/539/EEC, 92/35/EEC, 92/66/EEC, 92/119/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC and 2005/94/EC) | …Version(insert date)
…Name | …Contact details | …Directive | …Disease
| @www | |
II. Other laboratories

…Member State(insert name) | …List of laboratories approved to perform the serological tests to monitor the effectiveness of rabies vaccines (Decision 2000/258/EC) | …Version(insert date)
…Name | …Contact details | …Approval date | …Remarks
| @www | |

ANNEX III 1.
The heading of each Internet-based information page shall indicate the name of the Member State and the date of the version of the list with the following format dd/mm/yyyy.
2.
The heading of each Internet-based information page shall be given in the English language and in the official language(s) of the Member State
3.
Where an approval or registration number is to be issued, it shall be unique within the category and entities shall be listed as far as possible in a logical order.
4.
Any information regarding an establishment or a laboratory (e.g. suspension, withdrawal … etc) that Member States shall make available to the other Member States and to the public shall be given under the column ‘remarks’.

Pending: 32009D0598

5.8.2009 EN Official Journal of the European Union L 203/65
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/740/EC of 3 September 2002 establishing revised ecological criteria for the award of the Community eco-label to bed mattresses(2). Those ecological criteria and the related assessment and verification requirements are valid until 31 March 2010.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 2002/740/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for bed mattresses based on the criteria contained in Decision 2002/740/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 2002/740/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
(a) bed mattresses, which are defined as products that provide a surface to sleep or rest upon for indoor use. The products consist of a cloth cover that is filled with materials, and that can be placed on an existing supporting bed structure;
(b) the materials filling the bed mattresses, which may include: latex form, polyurethane foam and springs;
(c) wooden bed bases that support the bed mattresses.
— the use of materials produced in a more sustainable way (considering a life cycle analysis approach),
— limiting the use of eco-toxic compounds,
— limiting the levels of toxic residues,
— limiting the contribution of mattresses to indoor air pollution,
— promoting a more durable product and one that follows the six RE principles (UNEP 2007):—RE-think the product and its functions. For example, the product may be used more efficiently,—RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle,—RE-use. Design the product for disassembly so parts can be reused,—RE-cycle. Select materials that can be recycled,—RE-pair. Make the product easy to repair e.g. via modules that can easily be changed,—RE-place harmful substances with safer alternatives. — RE-think the product and its functions. For example, the product may be used more efficiently, — RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle, — RE-use. Design the product for disassembly so parts can be reused, — RE-cycle. Select materials that can be recycled, — RE-pair. Make the product easy to repair e.g. via modules that can easily be changed, — RE-place harmful substances with safer alternatives.
— RE-think the product and its functions. For example, the product may be used more efficiently,
— RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle,
— RE-use. Design the product for disassembly so parts can be reused,
— RE-cycle. Select materials that can be recycled,
— RE-pair. Make the product easy to repair e.g. via modules that can easily be changed,
— RE-place harmful substances with safer alternatives.
— RE-think the product and its functions. For example, the product may be used more efficiently,
— RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle,
— RE-use. Design the product for disassembly so parts can be reused,
— RE-cycle. Select materials that can be recycled,
— RE-pair. Make the product easy to repair e.g. via modules that can easily be changed,
— RE-place harmful substances with safer alternatives.
— Antimony 0,5 ppm
— Arsenic 0,5 ppm
— Lead 0,5 ppm
— Cadmium 0,1 ppm
— Chromium (total) 1,0 ppm
— Cobalt 0,5 ppm
— Copper 2,0 ppm
— Nickel 1,0 ppm
— Mercury 0,02 ppm
4-aminodiphenyl (92-67-1)
Benzidine (92-87-5)
4-chloro-o-toluidine (95-69-2)
2-naphthylamine (91-59-8)
o-amino-azotoluene (97-56-3)
2-amino-4-nitrotoluene (99-55-8)
p-chloroaniline (106-47-8)
2,4-diaminoanisol (615-05-4)
4,4′-diaminodiphenylmethane (101-77-9)
3,3′-dichlorobenzidine (91-94-1)
3,3′-dimethoxybenzidine (119-90-4)
3,3′-dimethylbenzidine (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane (838-88-0)
p-cresidine (120-71-8)
4,4′-oxydianiline (101-80-4)
4,4′-thiodianiline (139-65-1)
o-toluidine (95-53-4)
2,4-diaminotoluene (95-80-7)
2,4,5-trimethylaniline (137-17-7)
4-aminoazobenzene (60-09-3)
o-anisidine (90-04-0)
2,4-Xylidine
2,6-Xylidine
— C.I. Basic Red 9,
— C.I. Disperse Blue 1,
— C.I. Acid Red 26,
— C.I. Basic Violet 14,
— C.I. Disperse Orange 11,
— C.I. Direct Black 38,
— C.I. Direct Blue 6,
— C.I. Direct Red 28,
— C.I. Disperse Yellow 3.
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
—C.I. Disperse Blue 3 — C.I. Disperse Blue 3 C.I. 61 505
— C.I. Disperse Blue 3
—C.I. Disperse Blue 7 — C.I. Disperse Blue 7 C.I. 62 500
— C.I. Disperse Blue 7
—C.I. Disperse Blue 26 — C.I. Disperse Blue 26 C.I. 63 305
— C.I. Disperse Blue 26
—C.I. Disperse Blue 35 — C.I. Disperse Blue 35
— C.I. Disperse Blue 35
—C.I. Disperse Blue 102 — C.I. Disperse Blue 102
— C.I. Disperse Blue 102
—C.I. Disperse Blue 106 — C.I. Disperse Blue 106
— C.I. Disperse Blue 106
—C.I. Disperse Blue 124 — C.I. Disperse Blue 124
— C.I. Disperse Blue 124
—C.I. Disperse Brown 1 — C.I. Disperse Brown 1
— C.I. Disperse Brown 1
—C.I. Disperse Orange 1 — C.I. Disperse Orange 1 C.I. 11 080
— C.I. Disperse Orange 1
—C.I. Disperse Orange 3 — C.I. Disperse Orange 3 C.I. 11 005
— C.I. Disperse Orange 3
—C.I. Disperse Orange 37 — C.I. Disperse Orange 37
— C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) — C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 — C.I. Disperse Red 1 C.I. 11 110
— C.I. Disperse Red 1
—C.I. Disperse Red 11 — C.I. Disperse Red 11 C.I. 62 015
— C.I. Disperse Red 11
—C.I. Disperse Red 17 — C.I. Disperse Red 17 C.I. 11 210
— C.I. Disperse Red 17
—C.I. Disperse Yellow 1 — C.I. Disperse Yellow 1 C.I. 10 345
— C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 — C.I. Disperse Yellow 9 C.I. 10 375
— C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 — C.I. Disperse Yellow 39
— C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 — C.I. Disperse Yellow 49
— C.I. Disperse Yellow 49
— C.I. Disperse Blue 3
— C.I. Disperse Blue 7
— C.I. Disperse Blue 26
— C.I. Disperse Blue 35
— C.I. Disperse Blue 102
— C.I. Disperse Blue 106
— C.I. Disperse Blue 124
— C.I. Disperse Brown 1
— C.I. Disperse Orange 1
— C.I. Disperse Orange 3
— C.I. Disperse Orange 37
— C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Red 1
— C.I. Disperse Red 11
— C.I. Disperse Red 17
— C.I. Disperse Yellow 1
— C.I. Disperse Yellow 9
— C.I. Disperse Yellow 39
— C.I. Disperse Yellow 49
(a) All virgin solid wood from forests shall originate from forests that are managed so as to implement the principles and measures aimed at ensuring sustainable Forest management. In Europe, the principles and measures referred to above shall at least correspond to the definition of sustainable forest management (SFM) that was adopted in Resolution 1 of the 2nd Ministerial Conference on the Protection of Forests in Europe (Helsinki, 16-17 June 1993), the Pan-European Operational Level Guidelines for Sustainable Forest Management, as endorsed by the 3rd Ministerial Conference on the Protection of Forests in Europe (Lisbon, 2-4 June 1998) and the Improved Pan-European Indicators for SFM, adopted at the MCPFE Expert Level Meeting of 7-8 October 2002 that were endorsed at 4th Ministerial Conference on the Protection of Forests in Europe (Vienna, 28-30 April 2003). Outside Europe they shall at least correspond to the UNCED Forest Principles (Rio de Janeiro, June 1992) and, where applicable, to the criteria or guidelines for sustainable Forest management as adopted under the respective international and regional initiatives (ITTO, Montreal Process, Tarapoto Process, UNEP/FAO Dry-Zone Africa Initiative).
(b) At least 60 % of the virgin solid wood from forests, as specified under the criterion set out in point (a), shall originate from sustainably managed forests which are certified by independent third party forest certification schemes based on the criteria listed in paragraph 15 of the Council Resolution of 15 December 1998 on a Forestry Strategy for the EU and further development thereof.
(c) Wood from forests that are not certified as being sustainably managed forests shall not originate from:—disputed land-rights or primary old growth forests,—illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations),—uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection. — disputed land-rights or primary old growth forests, — illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations), — uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection.
— disputed land-rights or primary old growth forests,
— illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations),
— uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection.
— disputed land-rights or primary old growth forests,
— illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations),
— uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection.
— For virgin solid wood from certified sustainably managed forests the control of a chain of custody is required as a proof of supply of sustainable forestry resources. The manufacturer shall provide evidence that measures have been taken to obtain a credible certificate of chain of custody, i.e. a traceability procedure, letter of application for membership of a scheme, letter of control chain request with third part audit.
— For virgin solid wood from uncertified sustainably managed forests, the applicant and/or his supplier shall indicate the species, quantity and origin of the timber used. The origin shall be indicated with sufficient precision to verify that the timber is from well managed forests. The appropriate declarations, charter, code of conduct or statement, providing evidence that the requirements of the criterion set out in points (a) and (c) are met shall be made available. References from existing forestry certification schemes, showing implementation of requirements intended to avoid the use of raw material from controversial sources shall be supplied.
— Particleboard: the emission of formaldehyde from particle boards in their raw state, i.e. prior to machining or coating, shall not exceed 50 % of the threshold value that would allow it to be classified as E1 according to standard EN 312-1.
— Fibreboard: The formaldehyde measured in any fibreboard used shall not exceed 50 % of the threshold value that would allow it to be classified as class A quality according to EN 622-1. However fibreboards classified as Class A will be accepted if they do not represent more than 50 % of the total wood and wood-based materials used in the product.
— In case of cellulose dyeing, where metal complex dyes are part of the dye recipe, less than 20 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).In case of all other dyeing processes, where metal complex dyes are part of the dye recipe, less than 7 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
— The emissions to water after treatment shall not exceed: Cu 75 mg/kg (fibre, yarn or fabric); Cr 50 mg/kg; Ni 75 mg/kg.Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
4-aminodiphenyl (92-67-1)
Benzidine (92-87-5)
4-chloro-o-toluidine (95-69-2)
2-naphthylamine (91-59-8)
o-amino-azotoluene (97-56-3)
2-amino-4-nitrotoluene (99-55-8)
p-chloroaniline (106-47-8)
2,4-diaminoanisol (615-05-4)
4,4′-diaminodiphenylmethane (101-77-9)
3,3′-dichlorobenzidine (91-94-1)
3,3′-dimethoxybenzidine (119-90-4)
3,3′-dimethylbenzidine (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane (838-88-0)
p-cresidine (120-71-8)
4,4′-oxydianiline (101-80-4)
4,4′-thiodianiline (139-65-1)
o-toluidine (95-53-4)
2,4-diaminotoluene (95-80-7)
2,4,5-trimethylaniline (137-17-7)
4-aminoazobenzene (60-09-3)
o-anisidine (90-04-0)
2,4-Xylidine
2,6-Xylidine
(a) The following dyes shall not be used:—C.I. Basic Red 9,—C.I. Disperse Blue 1,—C.I. Acid Red 26,—C.I. Basic Violet 14,—C.I. Disperse Orange 11,—C.I. Direct Black 38,—C.I. Direct Blue 6,—C.I. Direct Red 28,—C.I. Disperse Yellow 3.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. — C.I. Basic Red 9, — C.I. Disperse Blue 1, — C.I. Acid Red 26, — C.I. Basic Violet 14, — C.I. Disperse Orange 11, — C.I. Direct Black 38, — C.I. Direct Blue 6, — C.I. Direct Red 28, — C.I. Disperse Yellow 3.
— C.I. Basic Red 9,
— C.I. Disperse Blue 1,
— C.I. Acid Red 26,
— C.I. Basic Violet 14,
— C.I. Disperse Orange 11,
— C.I. Direct Black 38,
— C.I. Direct Blue 6,
— C.I. Direct Red 28,
— C.I. Disperse Yellow 3.
— C.I. Basic Red 9,
— C.I. Disperse Blue 1,
— C.I. Acid Red 26,
— C.I. Basic Violet 14,
— C.I. Disperse Orange 11,
— C.I. Direct Black 38,
— C.I. Direct Blue 6,
— C.I. Direct Red 28,
— C.I. Disperse Yellow 3.
(b) No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of substances that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC.Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. — R40 (limited evidence of a carcinogenic effect), — R45 (may cause cancer), — R46 (may cause heritable genetic damage), — R49 (may cause cancer by inhalation), — R60 (may impair fertility), — R61 (may cause harm to the unborn child), — R62 (possible risk of impaired fertility), — R63 (possible risk of harm to the unborn child), — R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
—C.I. Disperse Blue 3 — C.I. Disperse Blue 3 C.I. 61 505
— C.I. Disperse Blue 3
—C.I. Disperse Blue 7 — C.I. Disperse Blue 7 C.I. 62 500
— C.I. Disperse Blue 7
—C.I. Disperse Blue 26 — C.I. Disperse Blue 26 C.I. 63 305
— C.I. Disperse Blue 26
—C.I. Disperse Blue 35 — C.I. Disperse Blue 35
— C.I. Disperse Blue 35
—C.I. Disperse Blue 102 — C.I. Disperse Blue 102
— C.I. Disperse Blue 102
—C.I. Disperse Blue 106 — C.I. Disperse Blue 106
— C.I. Disperse Blue 106
—C.I. Disperse Blue 124 — C.I. Disperse Blue 124
— C.I. Disperse Blue 124
—C.I. Disperse Brown 1 — C.I. Disperse Brown 1
— C.I. Disperse Brown 1
—C.I. Disperse Orange 1 — C.I. Disperse Orange 1 C.I. 11 080
— C.I. Disperse Orange 1
—C.I. Disperse Orange 3 — C.I. Disperse Orange 3 C.I. 11 005
— C.I. Disperse Orange 3
—C.I. Disperse Orange 37 — C.I. Disperse Orange 37
— C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) — C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 — C.I. Disperse Red 1 C.I. 11 110
— C.I. Disperse Red 1
—C.I. Disperse Red 11 — C.I. Disperse Red 11 C.I. 62 015
— C.I. Disperse Red 11
—C.I. Disperse Red 17 — C.I. Disperse Red 17 C.I. 11 210
— C.I. Disperse Red 17
—C.I. Disperse Yellow 1 — C.I. Disperse Yellow 1 C.I. 10 345
— C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 — C.I. Disperse Yellow 9 C.I. 10 375
— C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 — C.I. Disperse Yellow 39
— C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 — C.I. Disperse Yellow 49
— C.I. Disperse Yellow 49
— C.I. Disperse Blue 3
— C.I. Disperse Blue 7
— C.I. Disperse Blue 26
— C.I. Disperse Blue 35
— C.I. Disperse Blue 102
— C.I. Disperse Blue 106
— C.I. Disperse Blue 124
— C.I. Disperse Brown 1
— C.I. Disperse Orange 1
— C.I. Disperse Orange 3
— C.I. Disperse Orange 37
— C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Red 1
— C.I. Disperse Red 11
— C.I. Disperse Red 17
— C.I. Disperse Yellow 1
— C.I. Disperse Yellow 9
— C.I. Disperse Yellow 39
— C.I. Disperse Yellow 49
— Carcinogenic (R45, R49, R40),
— Harmful to the reproduction system (R46, R40),
— Genetically harmful (R60-R63),
— Toxic (R23-R28),
Substance Final value 7th day Final Value 28th day
Formaldehyde < 60 μg/m3(< 0,05 ppm) < 60 μg/m3(< 0,05 ppm)
Other aldehydes < 60 μg/m3(< 0,05 ppm) < 60 μg/m3(< 0,05 ppm)
Total Organic Compounds (retention range: C6-C16) < 500 μg/m3 < 200 μg/m3
Total Organic Compounds (retention range above C16) < 100 μg/m3 < 40 μg/m3
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— Adult mattress:—loss of height: < 15 %—loss of firmness: < 20 % — loss of height: < 15 % — loss of firmness: < 20 %
— loss of height: < 15 %
— loss of firmness: < 20 %
— loss of height: < 15 %
— loss of firmness: < 20 %
— Baby mattress:—loss of height: < 15 %—Loss of firmness: < 20 % — loss of height: < 15 % — Loss of firmness: < 20 %
— loss of height: < 15 %
— Loss of firmness: < 20 %
— loss of height: < 15 %
— Loss of firmness: < 20 %
— made from recyclable material,
— marked to identify plastic type in accordance with ISO 11469.
— ‘Minimises indoor air pollution’,
— ‘Hazardous substances restricted’,
— ‘Durable and high quality’.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Ecolabelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/740/EC of 3 September 2002 establishing revised ecological criteria for the award of the Community eco-label to bed mattresses(2). Those ecological criteria and the related assessment and verification requirements are valid until 31 March 2010.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 2002/740/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for bed mattresses based on the criteria contained in Decision 2002/740/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 2002/740/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:

Article 1
1. The product group ‘bed mattresses’ shall comprise:
(a)
bed mattresses, which are defined as products that provide a surface to sleep or rest upon for indoor use. The products consist of a cloth cover that is filled with materials, and that can be placed on an existing supporting bed structure;
(b)
the materials filling the bed mattresses, which may include: latex form, polyurethane foam and springs;
(c)
wooden bed bases that support the bed mattresses.
2. The product group shall include spring mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, as well as mattresses fitted with removable and/or washable covers.
3. The product group shall not comprise inflatable mattresses and water mattresses, as well as mattresses classified under Council Directive 93/42/EEC(3).

Article 2
In order to be awarded the Community Ecolabel for products falling within the product group bed mattresses under Regulation (EC) No 1980/2000, a bed mattress shall comply with the criteria set out in the Annex to this Decision.

Article 3
The ecological criteria for the product group ‘bed mattresses’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.

Article 4
For administrative purposes the code number assigned to the product group ‘bed mattresses’ shall be ‘014’.

Article 5
Decision 2002/740/EC is repealed.

Article 6
1. Applications for Ecolabel for products falling within the product group bed mattresses submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2002/740/EC.
2. Applications for Ecolabel for products falling within the product group bed mattresses submitted from the date of adoption of this Decision but by 31 March 2010 at the latest may be based either on the criteria set out in Decision 2002/740/EC or on the criteria set out in this Decision.
Those applications shall be evaluated in accordance with the criteria on which they are based.
3. Where the Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 2002/740/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.

Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Ecolabelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/740/EC of 3 September 2002 establishing revised ecological criteria for the award of the Community eco-label to bed mattresses(2). Those ecological criteria and the related assessment and verification requirements are valid until 31 March 2010.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 2002/740/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for bed mattresses based on the criteria contained in Decision 2002/740/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 2002/740/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:
1. The product group ‘bed mattresses’ shall comprise:
(a)
bed mattresses, which are defined as products that provide a surface to sleep or rest upon for indoor use. The products consist of a cloth cover that is filled with materials, and that can be placed on an existing supporting bed structure;
(b)
the materials filling the bed mattresses, which may include: latex form, polyurethane foam and springs;
(c)
wooden bed bases that support the bed mattresses.
2. The product group shall include spring mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, as well as mattresses fitted with removable and/or washable covers.
3. The product group shall not comprise inflatable mattresses and water mattresses, as well as mattresses classified under Council Directive 93/42/EEC(3).
In order to be awarded the Community Ecolabel for products falling within the product group bed mattresses under Regulation (EC) No 1980/2000, a bed mattress shall comply with the criteria set out in the Annex to this Decision.
The ecological criteria for the product group ‘bed mattresses’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.
For administrative purposes the code number assigned to the product group ‘bed mattresses’ shall be ‘014’.
Decision 2002/740/EC is repealed.
1. Applications for Ecolabel for products falling within the product group bed mattresses submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 2002/740/EC.
2. Applications for Ecolabel for products falling within the product group bed mattresses submitted from the date of adoption of this Decision but by 31 March 2010 at the latest may be based either on the criteria set out in Decision 2002/740/EC or on the criteria set out in this Decision.
Those applications shall be evaluated in accordance with the criteria on which they are based.
3. Where the Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 2002/740/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.
This Decision is addressed to the Member States.

FRAMEWORK

ANNEX
The aims of the criteria
These criteria aim in particular at:

— | the use of materials produced in a more sustainable way (considering a life cycle analysis approach),
— | limiting the use of eco-toxic compounds,
— | limiting the levels of toxic residues,
— | limiting the contribution of mattresses to indoor air pollution,
— | promoting a more durable product and one that follows the six RE principles (UNEP 2007):—RE-think the product and its functions. For example, the product may be used more efficiently,—RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle,—RE-use. Design the product for disassembly so parts can be reused,—RE-cycle. Select materials that can be recycled,—RE-pair. Make the product easy to repair e.g. via modules that can easily be changed,—RE-place harmful substances with safer alternatives. | — | RE-think the product and its functions. For example, the product may be used more efficiently, | — | RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle, | — | RE-use. Design the product for disassembly so parts can be reused, | — | RE-cycle. Select materials that can be recycled, | — | RE-pair. Make the product easy to repair e.g. via modules that can easily be changed, | — | RE-place harmful substances with safer alternatives.
— | RE-think the product and its functions. For example, the product may be used more efficiently,
— | RE-duce energy, material consumption and socio-economic impacts throughout a product’s life cycle,
— | RE-use. Design the product for disassembly so parts can be reused,
— | RE-cycle. Select materials that can be recycled,
— | RE-pair. Make the product easy to repair e.g. via modules that can easily be changed,
— | RE-place harmful substances with safer alternatives.The criteria are set at levels that promote the labelling of bed mattresses that are produced with a low environmental impact.

Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where the applicant is required to provide documentation, analyses test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc. as appropriate.
Where possible, conformity assessment should be performed by appropriate accredited laboratories that meet the general requirements of EN ISO 17025.
Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.
The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, and Environmental Product Declarations when assessing applications and monitoring compliance with the criteria (note:it is not required to implement these declarations and management schemes).

ECOLOGICAL CRITERIA
Note:Specific criteria are set for the following materials: latex and polyurethane foam, wire and springs, coconut fibres, wood and textile fibres and fabrics. Other materials for which no material specific criteria are set are allowed. The criteria for latex foam, polyurethane foam, or coconut fibres need only be met if that material contributes to more than 5 % of the total weight of the mattress.
Assessment and verification:The applicant shall supply detailed information as to the material composition of the mattresses.
1. Latex foam
Note:The following criteria need only be met if latex contributes to more than 5 % of the total weight of the mattress.
1.1. Extractable heavy metals
The concentrations of the following metals shall not exceed the following values:

— | Antimony | 0,5 ppm
— | Arsenic | 0,5 ppm
— | Lead | 0,5 ppm
— | Cadmium | 0,1 ppm
— | Chromium (total) | 1,0 ppm
— | Cobalt | 0,5 ppm
— | Copper | 2,0 ppm
— | Nickel | 1,0 ppm
— | Mercury | 0,02 ppmAssessment and verification:The applicant shall provide a test report, using the following test method: Milled sample extracted according to DIN 38414-S4, L/S = 10. Filtration with 0,45 μm membrane filter. Analysis by means of atomic emission spectroscopy with inductive coupled plasma (ICP-AES) or with hydride or cold vapour technique.
1.2. Formaldehyde
The concentration of formaldehyde shall not exceed 20 ppm as measured with EN ISO 14184-1. Alternatively, it shall not exceed 0,005 mg/m3as measured with the chamber test.
Assessment and verification: The applicant shall provide a test report, using the following test method: EN ISO 14184-1. Sample of 1 g with 100 g water heated to 40 °C for 1 hour. Formaldehyde in extract analysed with acetylacetone, photometric.
Alternatively, the emission chamber test may be used: ENV 13419-1, with EN ISO 16000-3 or VDI 3484-1 for air sampling and analysis. The sample shall be taken less than one week after production of the foam. Packaging of sample: air tight wrapped, individually, in aluminium foil and PE foil. Conditioning: The wrapped sample shall be stored at room temperature for at least 24 hours, after which the sample is unwrapped and immediately transferred into the test chamber. Testing conditions: sample placed on sample holder which allows access of air from all sides; climatic factors as in ENV 13419-1; for comparison of test results the area specific ventilation rate (q = n/l) shall be 1; the ventilation rate shall be between 0,5 and 1; the air sampling shall be started 24 hours after chamber loading and finished at the latest 30 hours after loading.
1.3. Volatile organic compounds (VOCs)
The concentration of VOCs shall not exceed 0,5 mg/m3. In this context, VOCs are any organic compound having at 293,15 K, a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
Assessment and verification:The applicant shall provide a test report, using the following test method: chamber test (with the same conditions as in the criterion set out in point 1(2) on formaldehyde) with DIN ISO 16000-6 for air sampling and analysis.
1.4. Dyes, pigments, flame retardants and auxiliary chemicals
Any dyes, pigments, flame retardants and auxiliary chemicals used shall comply with the corresponding criteria (listed below):
(a) Impurities in dyes: Colour matter with fibre affinity (soluble or insoluble)
The levels of ionic impurities in the dyes 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.
Any metal that is included as an integral part of the dye molecule (e.g. metal complex dyes, certain reactive dyes, etc.) shall not be considered when assessing compliance with these values, which only relate to impurities.
Assessment and verification:The applicant shall provide a declaration of compliance.
(b) Impurities in pigments: Insoluble colour matter without fibre affinity
The levels of ionic impurities for pigments used shall not exceed the following: As 50 ppm; Ba 100 ppm, Cd 50 ppm; Cr 100 ppm; Hg 25 ppm; Pb 100 ppm; Se 100 ppm Sb 250 ppm; Zn 1 000 ppm.
Assessment and verification:The applicant shall provide a declaration of compliance.
(c) Chrome mordant dyeing
Chrome mordant dyeing is not allowed.
Assessment and verification:The applicant shall provide a declaration of non-use.
(d) Azo dyes
Azo dyes shall not be used that may cleave to any one of the following aromatic amines:

4-aminodiphenyl | (92-67-1)
Benzidine | (92-87-5)
4-chloro-o-toluidine | (95-69-2)
2-naphthylamine | (91-59-8)
o-amino-azotoluene | (97-56-3)
2-amino-4-nitrotoluene | (99-55-8)
p-chloroaniline | (106-47-8)
2,4-diaminoanisol | (615-05-4)
4,4′-diaminodiphenylmethane | (101-77-9)
3,3′-dichlorobenzidine | (91-94-1)
3,3′-dimethoxybenzidine | (119-90-4)
3,3′-dimethylbenzidine | (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane | (838-88-0)
p-cresidine | (120-71-8)
4,4′-oxydianiline | (101-80-4)
4,4′-thiodianiline | (139-65-1)
o-toluidine | (95-53-4)
2,4-diaminotoluene | (95-80-7)
2,4,5-trimethylaniline | (137-17-7)
4-aminoazobenzene | (60-09-3)
o-anisidine | (90-04-0)
2,4-Xylidine |
2,6-Xylidine | Assessment and verification: The applicant shall provide a declaration of non-use of these dyes. Should this declaration be subject to verification the following standard shall be used = EN 14 362-1 and 2. (Note:false positives may be possible with respect to the presence of 4-aminoazobenzene, and confirmation is therefore recommended.)
(e) Dyes that are carcinogenic, mutagenic or toxic to reproduction
The following dyes shall not be used:

— | C.I. Basic Red 9,
— | C.I. Disperse Blue 1,
— | C.I. Acid Red 26,
— | C.I. Basic Violet 14,
— | C.I. Disperse Orange 11,
— | C.I. Direct Black 38,
— | C.I. Direct Blue 6,
— | C.I. Direct Red 28,
— | C.I. Disperse Yellow 3.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes.
No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):

— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC(1).
Alternatively, classification may be considered according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006(2). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall provide a declaration of non-use of such dyes.
(f) Potentially sensitising dyes
The following dyes shall not be used:

—C.I. Disperse Blue 3 | — | C.I. Disperse Blue 3 | C.I. 61 505
— | C.I. Disperse Blue 3
—C.I. Disperse Blue 7 | — | C.I. Disperse Blue 7 | C.I. 62 500
— | C.I. Disperse Blue 7
—C.I. Disperse Blue 26 | — | C.I. Disperse Blue 26 | C.I. 63 305
— | C.I. Disperse Blue 26
—C.I. Disperse Blue 35 | — | C.I. Disperse Blue 35 |
— | C.I. Disperse Blue 35
—C.I. Disperse Blue 102 | — | C.I. Disperse Blue 102 |
— | C.I. Disperse Blue 102
—C.I. Disperse Blue 106 | — | C.I. Disperse Blue 106 |
— | C.I. Disperse Blue 106
—C.I. Disperse Blue 124 | — | C.I. Disperse Blue 124 |
— | C.I. Disperse Blue 124
—C.I. Disperse Brown 1 | — | C.I. Disperse Brown 1 |
— | C.I. Disperse Brown 1
—C.I. Disperse Orange 1 | — | C.I. Disperse Orange 1 | C.I. 11 080
— | C.I. Disperse Orange 1
—C.I. Disperse Orange 3 | — | C.I. Disperse Orange 3 | C.I. 11 005
— | C.I. Disperse Orange 3
—C.I. Disperse Orange 37 | — | C.I. Disperse Orange 37 |
— | C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) | — | C.I. Disperse Orange 76(previously designated Orange 37) |
— | C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 | — | C.I. Disperse Red 1 | C.I. 11 110
— | C.I. Disperse Red 1
—C.I. Disperse Red 11 | — | C.I. Disperse Red 11 | C.I. 62 015
— | C.I. Disperse Red 11
—C.I. Disperse Red 17 | — | C.I. Disperse Red 17 | C.I. 11 210
— | C.I. Disperse Red 17
—C.I. Disperse Yellow 1 | — | C.I. Disperse Yellow 1 | C.I. 10 345
— | C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 | — | C.I. Disperse Yellow 9 | C.I. 10 375
— | C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 | — | C.I. Disperse Yellow 39 |
— | C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 | — | C.I. Disperse Yellow 49 |
— | C.I. Disperse Yellow 49Assessment and verification:The applicant shall provide a declaration of non-use of these dyes.
1.5. Metal complex dyes
Metal complex dyes based on copper, lead, chromium or nickel shall not be used.
Assessment and verification:The applicant shall provide a declaration of non-use.
1.6. Chlorophenols
No chlorophenol (salts and esters) shall be present in concentrations exceeding 0,1 ppm, except mono- and di-chlorinated phenols (salts and esters) which shall not exceed 1 ppm.
Assessment and verification:The applicant shall provide a test report, using the following test method: Milling of 5 g sample, extraction of the chlorophenol or sodium salt. Analysis by means of gas chromatography (GC), detection with mass spectrometer or ECD.
1.7. Butadiene
The concentration of butadiene shall not exceed 1 ppm.
Assessment and verification:The applicant shall provide a test report, using the following test method: Milling and weighing of sample. Sampling by headspace sampler. Analysis by gas chromatography, detection by flame-ionisation detector.
1.8. Nitrosamines
The concentration of N-nitrosamines shall not exceed 0,0005 mg/m3as measured with the chamber test.
Assessment and verification:The applicant shall provide a test report, using the following test method: the chamber test (with conditions as in criterion 1(2) on formaldehyde) with Hauptverband der gewerblichen Berufsgenossenschaften ZH 1/120.23 (or equivalent) for air sampling and analysis.
2. PUR Foam
Note:The following criteria need only be met if PUR foam contributes to more than 5 % of the total weight of the mattress.
2.1. Extractable heavy metals
The concentrations of the following metals shall meet the corresponding requirement for latex foam detailed in the criterion set out in point 1(1).
Assessment and verification: same requirements as in the criterion set out in point 1(1).
2.2. Formaldehyde
The concentration of formaldehyde shall meet the corresponding requirement for latex foam detailed in the criterion set out in point 1(2).
Assessment and verification: same requirements as in the criterion set out in point 1(2).
2.3. Volatile organic compounds (VOCs)PUR foam shall meet the corresponding requirement for latex foam detailed in the criterion set out in point 1(3).
Assessment and verification:same requirements as in the criterion set out in point 1(3).
2.4. Dyes, pigments, flame retardants and auxiliary chemicals
PUR foam shall meet the corresponding requirement for latex foam detailed in the criterion set out in point 1(4).
Assessment and verification:same requirements as in the criterion set out in point 1(4).
2.5. Metal complex dyes
PUR foam shall meet the corresponding requirement for latex foam detailed in the criterion set out in point 1(5).
Assessment and verification:same requirements as in the criterion set out in point 1(5).
2.6. Organic tin
Mono and di-organic, tri-organic tin compounds shall not be used.
Assessment and verification:The applicant shall provide a declaration of non-use. Testing is not required. Should, however (e.g. for purposes of verification or monitoring), testing be carried out, the following test method shall be used: any method that specifically measures an organic tin compound without measuring the presence of any inorganic tin compound such as tin octoate.
2.7. Blowing agents
Halogenated organic compounds shall not be used as blowing agents or as auxiliary blowing agents.
Assessment and verification:The applicant shall provide a declaration that these blowing agents have not been used.
3. Wire and springs
Note:The following criteria need only be met if PUR foam contributes to more than 5 % of the total weight of the mattress.
3.1. Degreasing
If degreasing and/or cleaning of wire and/or springs is carried out with organic solvents, use shall be made of a closed cleaning/degreasing system.
Assessment and verification:The applicant shall provide a corresponding declaration.
3.2. Galvanisation
The surface of springs shall not be covered with a galvanic metallic layer.
Assessment and verification: The applicant shall provide a corresponding declaration.
4. Coconut fibres
If the coconut fibre material is rubberised, it shall comply with the criteria applicable to latex foam.
Note:This criterion only needs to be met if coconut fibres contribute to more than 5 % of the total weight of the mattress.
Assessment and verification:The applicant shall either provide a declaration that rubberised coconut fibres are not used, or provide the test reports required in point 1 for latex foam.
5. Wooden material
5.1. Sustainable forest management
If degreasing and/or cleaning of wire and/or springs is carried out with organic solvents, use shall be made of a closed cleaning/degreasing system.
Assessment and verification:The applicant shall provide a corresponding declaration.

(a) | All virgin solid wood from forests shall originate from forests that are managed so as to implement the principles and measures aimed at ensuring sustainable Forest management. In Europe, the principles and measures referred to above shall at least correspond to the definition of sustainable forest management (SFM) that was adopted in Resolution 1 of the 2nd Ministerial Conference on the Protection of Forests in Europe (Helsinki, 16-17 June 1993), the Pan-European Operational Level Guidelines for Sustainable Forest Management, as endorsed by the 3rd Ministerial Conference on the Protection of Forests in Europe (Lisbon, 2-4 June 1998) and the Improved Pan-European Indicators for SFM, adopted at the MCPFE Expert Level Meeting of 7-8 October 2002 that were endorsed at 4th Ministerial Conference on the Protection of Forests in Europe (Vienna, 28-30 April 2003). Outside Europe they shall at least correspond to the UNCED Forest Principles (Rio de Janeiro, June 1992) and, where applicable, to the criteria or guidelines for sustainable Forest management as adopted under the respective international and regional initiatives (ITTO, Montreal Process, Tarapoto Process, UNEP/FAO Dry-Zone Africa Initiative).
(b) | At least 60 % of the virgin solid wood from forests, as specified under the criterion set out in point (a), shall originate from sustainably managed forests which are certified by independent third party forest certification schemes based on the criteria listed in paragraph 15 of the Council Resolution of 15 December 1998 on a Forestry Strategy for the EU and further development thereof.
(c) | Wood from forests that are not certified as being sustainably managed forests shall not originate from:—disputed land-rights or primary old growth forests,—illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations),—uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection. | — | disputed land-rights or primary old growth forests, | — | illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations), | — | uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection.
— | disputed land-rights or primary old growth forests,
— | illegal harvesting: wood that is harvested, traded or transported in a way that is in breach of applicable national regulations and international treaties (such regulations can for example address CITES species, money laundering, corruption and bribery(3), and other relevant national regulations),
— | uncertified high conservation value forests: forests designated for nature protection where forestry activities may not be practiced, i.e. forests where forestry cannot be practiced due to some regimes of protection.Assessment and verification:The applicant shall indicate types, quantities and origins of the wood used in the Ecolabelled product. The origin of virgin solid wood shall be indicated with sufficient precision to allow checks, where appropriate.

— | For virgin solid wood from certified sustainably managed forests the control of a chain of custody is required as a proof of supply of sustainable forestry resources. The manufacturer shall provide evidence that measures have been taken to obtain a credible certificate of chain of custody, i.e. a traceability procedure, letter of application for membership of a scheme, letter of control chain request with third part audit.
— | For virgin solid wood from uncertified sustainably managed forests, the applicant and/or his supplier shall indicate the species, quantity and origin of the timber used. The origin shall be indicated with sufficient precision to verify that the timber is from well managed forests. The appropriate declarations, charter, code of conduct or statement, providing evidence that the requirements of the criterion set out in points (a) and (c) are met shall be made available. References from existing forestry certification schemes, showing implementation of requirements intended to avoid the use of raw material from controversial sources shall be supplied.5.2. Formaldehyde emission from untreated raw wood-based materials
Wood-based materials are allowed in a mattress if they comply with the following requirements:

— | Particleboard: the emission of formaldehyde from particle boards in their raw state, i.e. prior to machining or coating, shall not exceed 50 % of the threshold value that would allow it to be classified as E1 according to standard EN 312-1.Assessment and verification:The applicant and/or his supplier shall provide evidence that the wood-based materials comply with this requirement according to the European standard EN 312-1.

— | Fibreboard: The formaldehyde measured in any fibreboard used shall not exceed 50 % of the threshold value that would allow it to be classified as class A quality according to EN 622-1. However fibreboards classified as Class A will be accepted if they do not represent more than 50 % of the total wood and wood-based materials used in the product.Assessment and verification: The applicant and/or his supplier shall provide evidence that the wood-based materials comply with this requirement according to the European standard EN 13986 (April 2005).
6. Textiles (fibres and fabric)
Textiles used to cover the mattress shall meet the following criteria for dyes and other chemical products as well as for fitness for use (textiles which have been awarded the Community Ecolabel are in compliance with these criteria):
6.1. biocides
Chlorophenols (their salts and esters), PCB and organotin compounds shall not be used during transportation or storage of mattresses and semi-manufactured mattresses.
Assessment and verification:The applicant shall provide a declaration of non-use of these substances or compounds on the yarn, fabric and final product. Should this declaration be subject to verification the following test method and threshold shall be used: extraction as appropriate, derivatisation with acetic anhydride, determination by capillary gas-liquid chromatography with electron capture detection, limit value 0,05 ppm.
6.2. Auxiliary chemicals
Alkylphenolethoxylates (APEOs), linear alkylbenzene sulfonates (LAS), bis(hydrogenated tallow alkyl) dimethyl ammonium chloride (DTDMAC), distearyl dimethyl ammonium chloride (DSDMAC), di(hardened tallow) dimethyl ammonium chloride (DHTDMAC), ethylene diamine tetra acetate (EDTA), and diethylene triamine penta acetate (DTPA) shall not be used and shall not be part of any preparations or formulations used.
Assessment and verification:The applicant shall provide a declaration of non-use.
6.3. Detergent, fabric softeners and complexing agents
At each wet-processing site, at least 95 % by weight of fabric softeners, complexing agents and detergents by weight shall be sufficiently degradable or eliminable in wastewater treatment plants.
This is with the exception of surfactants in detergents at each wet processing site, which shall be ultimately aerobically biodegradable.
Assessment and verification:‘Sufficiently biodegradable or eliminable’ is as defined above in the criterion related to auxiliaries and finishing agents for fibres and yarns. The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all detergents, fabric softeners and complexing agents used.
‘Ultimate aerobic biodegradation’ has to be interpreted as laid down in Annex III to Regulation (EC) No 648/2004 of the European Parliament and of the Council(4). The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all detergents, fabric softeners and complexing agents used.
6.4. Bleaching agents
Chlorine agents are excluded for bleaching yarns, fabrics and end products.
This requirement does not apply to the production of man-made cellulose fibres.
Assessment and verification:The applicant shall provide a declaration of non-use of chlorinated bleaching agents.
6.5. Impurities in dyes
Colour matter with fibre affinity (soluble or insoluble).
The levels of ionic impurities in the dyes 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.
Any metal that is included as an integral part of the dye molecule (e.g. metal complex dyes, certain reactive dyes, etc.) shall not be considered when assessing compliance with these values, which only relate to impurities.
Assessment and verification:The applicant shall provide a declaration of compliance.
6.6. Impurities in pigments
Insoluble colour matter without fibre affinity.
The levels of ionic impurities for pigments used shall not exceed the following: As 50 ppm; Ba 100 ppm, Cd 50 ppm; Cr 100 ppm; Hg 25 ppm; Pb 100 ppm; Se 100 ppm Sb 250 ppm; Zn 1 000 ppm.
Assessment and verification:The applicant shall provide a declaration of compliance.
6.7. Chrome mordant dyeing
Chrome mordant dyeing is not allowed.
Assessment and verification: The applicant shall provide a declaration of non-use.
6.8. Metal complex dyes
If metal complex dyes based on copper, chromium or nickel are used:

— | In case of cellulose dyeing, where metal complex dyes are part of the dye recipe, less than 20 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).In case of all other dyeing processes, where metal complex dyes are part of the dye recipe, less than 7 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
— | The emissions to water after treatment shall not exceed: Cu 75 mg/kg (fibre, yarn or fabric); Cr 50 mg/kg; Ni 75 mg/kg.Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.6.9. Azo dyes
Azo dyes shall not be used that may cleave to any one of the following aromatic amines:

4-aminodiphenyl | (92-67-1)
Benzidine | (92-87-5)
4-chloro-o-toluidine | (95-69-2)
2-naphthylamine | (91-59-8)
o-amino-azotoluene | (97-56-3)
2-amino-4-nitrotoluene | (99-55-8)
p-chloroaniline | (106-47-8)
2,4-diaminoanisol | (615-05-4)
4,4′-diaminodiphenylmethane | (101-77-9)
3,3′-dichlorobenzidine | (91-94-1)
3,3′-dimethoxybenzidine | (119-90-4)
3,3′-dimethylbenzidine | (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane | (838-88-0)
p-cresidine | (120-71-8)
4,4′-oxydianiline | (101-80-4)
4,4′-thiodianiline | (139-65-1)
o-toluidine | (95-53-4)
2,4-diaminotoluene | (95-80-7)
2,4,5-trimethylaniline | (137-17-7)
4-aminoazobenzene | (60-09-3)
o-anisidine | (90-04-0)
2,4-Xylidine |
2,6-Xylidine | Assessment and verification:The applicant shall provide a declaration of non-use of these dyes. Should this declaration be subject to verification the following standard shall be used = EN 14 362-1 and 2. (Note: false positives may be possible with respect to the presence of 4-aminoazobenzene, and confirmation is therefore recommended.)
6.10. Dyes that are carcinogenic, mutagenic or toxic to reproduction

| (a) | The following dyes shall not be used:—C.I. Basic Red 9,—C.I. Disperse Blue 1,—C.I. Acid Red 26,—C.I. Basic Violet 14,—C.I. Disperse Orange 11,—C.I. Direct Black 38,—C.I. Direct Blue 6,—C.I. Direct Red 28,—C.I. Disperse Yellow 3.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. | — | C.I. Basic Red 9, | — | C.I. Disperse Blue 1, | — | C.I. Acid Red 26, | — | C.I. Basic Violet 14, | — | C.I. Disperse Orange 11, | — | C.I. Direct Black 38, | — | C.I. Direct Blue 6, | — | C.I. Direct Red 28, | — | C.I. Disperse Yellow 3.
— | C.I. Basic Red 9,
— | C.I. Disperse Blue 1,
— | C.I. Acid Red 26,
— | C.I. Basic Violet 14,
— | C.I. Disperse Orange 11,
— | C.I. Direct Black 38,
— | C.I. Direct Blue 6,
— | C.I. Direct Red 28,
— | C.I. Disperse Yellow 3.
| (b) | No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of substances that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC.Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. | — | R40 (limited evidence of a carcinogenic effect), | — | R45 (may cause cancer), | — | R46 (may cause heritable genetic damage), | — | R49 (may cause cancer by inhalation), | — | R60 (may impair fertility), | — | R61 (may cause harm to the unborn child), | — | R62 (possible risk of impaired fertility), | — | R63 (possible risk of harm to the unborn child), | — | R68 (possible risk of irreversible effects),
— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),6.11. Potentially sensitising dyes
The following dyes shall not be used:

—C.I. Disperse Blue 3 | — | C.I. Disperse Blue 3 | C.I. 61 505
— | C.I. Disperse Blue 3
—C.I. Disperse Blue 7 | — | C.I. Disperse Blue 7 | C.I. 62 500
— | C.I. Disperse Blue 7
—C.I. Disperse Blue 26 | — | C.I. Disperse Blue 26 | C.I. 63 305
— | C.I. Disperse Blue 26
—C.I. Disperse Blue 35 | — | C.I. Disperse Blue 35 |
— | C.I. Disperse Blue 35
—C.I. Disperse Blue 102 | — | C.I. Disperse Blue 102 |
— | C.I. Disperse Blue 102
—C.I. Disperse Blue 106 | — | C.I. Disperse Blue 106 |
— | C.I. Disperse Blue 106
—C.I. Disperse Blue 124 | — | C.I. Disperse Blue 124 |
— | C.I. Disperse Blue 124
—C.I. Disperse Brown 1 | — | C.I. Disperse Brown 1 |
— | C.I. Disperse Brown 1
—C.I. Disperse Orange 1 | — | C.I. Disperse Orange 1 | C.I. 11 080
— | C.I. Disperse Orange 1
—C.I. Disperse Orange 3 | — | C.I. Disperse Orange 3 | C.I. 11 005
— | C.I. Disperse Orange 3
—C.I. Disperse Orange 37 | — | C.I. Disperse Orange 37 |
— | C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) | — | C.I. Disperse Orange 76(previously designated Orange 37) |
— | C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 | — | C.I. Disperse Red 1 | C.I. 11 110
— | C.I. Disperse Red 1
—C.I. Disperse Red 11 | — | C.I. Disperse Red 11 | C.I. 62 015
— | C.I. Disperse Red 11
—C.I. Disperse Red 17 | — | C.I. Disperse Red 17 | C.I. 11 210
— | C.I. Disperse Red 17
—C.I. Disperse Yellow 1 | — | C.I. Disperse Yellow 1 | C.I. 10 345
— | C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 | — | C.I. Disperse Yellow 9 | C.I. 10 375
— | C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 | — | C.I. Disperse Yellow 39 |
— | C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 | — | C.I. Disperse Yellow 49 |
— | C.I. Disperse Yellow 49Assessment and verification:The applicant shall provide a declaration of non-use of such dyes.
6.12. Colour fastness to perspiration (acid, alkaline)
The colour fastness to perspiration (acid and alkaline) shall be at least level 3-4 (colour change and staining).
A level of 3 is nevertheless allowed when fabrics are both dark coloured (standard depth > 1/1) and made of regenerated wool or more than 20 % silk.
This criterion does not apply to white products, to products that are neither dyed nor printed.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 E04 (acid and alkaline, comparison with multi-fibre fabric).
6.13. Colour fastness to web rubbing
The colour fastness to wet rubbing shall be at least level 2-3. A level of 2 is nevertheless allowed for indigo dyed denim.
This criterion does not apply to white products or products that are neither dyed nor printed.
Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 X12.
6.14. Colour fastness to dry rubbing
The colour fastness to dry rubbing shall be at least level 4.
A level of 3-4 is nevertheless allowed for indigo dyed denim.
This criterion does not apply to white products or products that are neither dyed nor printed.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 X12.
7. Glues
The glues containing organic solvents shall not be used. (This criterion does not apply to glues used for occasional repairs). In this context, VOCs are any organic compound having at 293,15 K, a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
The adhesive shall not be used that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):

— | Carcinogenic (R45, R49, R40),
— | Harmful to the reproduction system (R46, R40),
— | Genetically harmful (R60-R63),
— | Toxic (R23-R28),in accordance with regulations on classification and labelling of hazardous chemicals in any EU’s classification system Directive 1999/45/EC of the European Parliament and of the Council(5).
Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H331, H330, H311, H301, H310, H300, H370, H372.
Assessment and verification:The applicant shall provide a declaration that the glues used comply with this criterion, together with supporting documentation.
8. VOC and SVOCs on the entire mattress
The VOC emission of the entire mattress shall not exceed the following emissions values in the test chamber by analogy with the ‘health risk assessment process for emissions of volatile organic compounds (VOC) from building products’ developed in 2005 by the AgBB. (available on www.umweltbundesamt.de/building-products/agbb.htm).

Substance | Final value 7th day | Final Value 28th day
Formaldehyde | < 60 μg/m3(< 0,05 ppm) | < 60 μg/m3(< 0,05 ppm)
Other aldehydes | < 60 μg/m3(< 0,05 ppm) | < 60 μg/m3(< 0,05 ppm)
Total Organic Compounds (retention range: C6-C16) | < 500 μg/m3 | < 200 μg/m3
Total Organic Compounds (retention range above C16) | < 100 μg/m3 | < 40 μg/m3Assessment and verification:The applicant shall provide a test chamber analysis, based on the standards EN 13419-1 and EN 13419-2. The analysis of the VOC should comply with the ISO 16000-6.
9. Flame retardants used in the entire mattress
Only flame retardants that are chemically bound into mattress materials or onto the materials surfaces (reactive flame retardants) may be used in the product. If the flame retardants used have any of the R-phrases listed below, these reactive flame retardants should, on application, change their chemical nature to no longer warrant classification under any of these R-phrases. (Less than 0,1 % of the flame retardant may remain in the form as before application.)

— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R50 (very toxic to aquatic organisms),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long-term adverse effects in the aquatic environment),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC.
Flame retardants which are only physically mixed into the mattress materials or coatings are excluded (additive flame retardants).
Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall provide a declaration that additive flame retardants have not been used and indicate which reactive flame retardants, if any, have been used and provide documentation (such as safety data sheets) and/or declarations indicating that those flame retardants comply with this criterion.
10. Biocides in the final product
Only biocidal products containing biocidal active substances included in Annex I, IA and IB to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(6), and only those where the active substance is authorised for use in bed mattresses according to Annex V to Directive 98/8/EC, shall be allowed.
Assessment and verification:The applicant shall provide a declaration of non-use of biocidal products or a list of biocidal products used.
11. Durability
The lifetime of a household bed mattress is expected to be 10 years. The life expectancy of a mattress will vary though for bed mattresses used in other applications i.e. prisons, hotels.

— | Adult mattress:—loss of height: < 15 %—loss of firmness: < 20 % | — | loss of height: < 15 % | — | loss of firmness: < 20 %
— | loss of height: < 15 %
— | loss of firmness: < 20 %
— | Baby mattress:—loss of height: < 15 %—Loss of firmness: < 20 % | — | loss of height: < 15 % | — | Loss of firmness: < 20 %
— | loss of height: < 15 %
— | Loss of firmness: < 20 %Assessment and verification:The applicant shall provide a test report using the following test method: EN 1957. The losses of height and firmness refer to the difference between the measurements made initially (at 100 cycles) and after the completion (30 000 cycles) of the durability test.
12. Packaging requirements
The packaging used shall be:

— | made from recyclable material,
— | marked to identify plastic type in accordance with ISO 11469.The following text shall appear on the packaging:

‘For more information as to why this product has been awarded the Flower, please visit the website: http://www.ecolabel.eu
Please consult your local authority on the best way to dispose of your old mattress.’

Assessment and verification:The applicant shall provide a sample of the product packaging and of the information supplied with the product, together with a declaration of compliance with this criterion.
13. Information appearing on the Ecolabel
Box 2 of the Ecolabel shall contain the following text:

— | ‘Minimises indoor air pollution’,
— | ‘Hazardous substances restricted’,
— | ‘Durable and high quality’.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.

(1)
OJ 196, 16.8.1967, p. 1.
(2)
OJ L 353, 31.12.2008, p. 1.
(3) These are the topics addressed in the Commission communication on the EU Action plan on Forest Law Enforcement, Governance and Trade (FLEGT).
(4)
OJ L 104, 8.4.2004, p. 1.
(5)
OJ L 200, 30.7.1999, p. 1.
(6)
OJ L 123, 24.4.1998, p. 1.

Pending: 32009D0567

29.7.2009 EN Official Journal of the European Union L 197/70
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 1999/178/EC of 17 February 1999 establishing the ecological criteria for the award of the Community eco-label to textile products(2)as amended by Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community Ecolabel for textile products(3). Those ecological criteria and the related assessment and verification requirements are valid until 31 December 2009 at the latest.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 1999/178/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for textile products based on the criteria contained in Decision 1999/178/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 1999/178/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
(a) textile clothing and accessories: clothing and accessories (such as handkerchiefs, scarves, bags, shopping bags, rucksacks, belts etc.) consisting of at least 90 % by weight of textile fibres;
(b) interior textiles: textile products for interior use consisting of at least 90 % by weight of textile fibres. Mats and rugs are included. Wall to wall floor coverings and wall coverings are excluded;
(c) fibres, yarn and fabric (including durable non-woven) intended for use in textile clothing and accessories or interior textiles.
1.1. The residual acrylonitrile content in raw fibres leaving the fibre production plant shall be less than 1,5 mg/kg.Assessment and verification:The applicant shall provide a test report, using the following test method: extraction with boiling water and quantification by capillary gas-liquid chromatography.
1.2. The emissions to air of acrylonitrile (during polymerisation and up to the solution ready for spinning), expressed as an annual average, shall be less than 1 g/kg of fibre produced.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
— information about the certification body,
— a declaration stating the proportion of organic certified cotton used in the total production of Ecolabelled textiles on a yearly basis.
3.1. Organotin compounds shall not be used.Assessment and verification:The applicant shall provide a declaration of non-use.
3.2. The emissions to air of aromatic diisocyanates during polymerisation and fibre production, measured at the process steps where they occur, including fugitive emissions as well expressed as an annual average, shall be less than 5 mg/kg of fibre produced.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
5.1. The sum total content of the following substances shall not exceed 0,5 ppm: γ-hexachlorocyclohexane (lindane), α-hexachlorocyclohexane, β-hexachlorocyclohexane, δ-hexachlorocyclohexane, aldrin, dieldrin, endrin, p,p′-DDT, p,p′-DDD.
5.2. The sum total content of the following substances shall not exceed 2 ppm: diazinon, propetamphos, chlorfenvinphos, dichlofenthion, chlorpyriphos, fenchlorphosq, ethion, pirimphos-methyl.
5.3. The sum total content of the following substances shall not exceed 0,5 ppm: cypermethrin, deltamethrin, fenvalerate, cyhalothrin, flumethrin.
5.4. The sum total content of the following substances shall not exceed 2ppm: diflubenzuron, triflumuron, dicyclanil.
5.5. For scouring effluent discharged to sewer, the COD discharged to sewer shall not exceed 60 g/kg greasy wool, and the effluent shall be treated off-site so as to achieve at least a further 75 % reduction of COD content, expressed as an annual average.
6.1. The level of AOX in the fibres shall not exceed 250 ppm.Assessment and verification:The applicant shall provide a test report, using the following test method: ISO 11480.97 (controlled combustion and microcoulometry).
6.2. For viscose fibres, the sulphur content of the emissions of sulphur compounds to air from the processing during fibre production, expressed as an annual average, shall not exceed 120 g/kg filament fibre produced and 30 g/kg staple fibre produced. Where both types of fibre are produced on a given site, the overall emissions must not exceed the corresponding weighted average.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
6.3. For viscose fibres, the emission to water of zinc from the production site, expressed as an annual average, shall not exceed 0,3 g/kg.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
6.4. For cupro fibres, the copper content of the effluent water leaving the site, expressed as an annual average, shall not exceed 0,1 ppm.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
8.1. The amount of antimony in the polyester fibres shall not exceed 260 ppm. Where no antimony is used, the applicant may state ‘antimony free’ (or equivalent text) next to the Ecolabel.Assessment and verification:The applicant shall either provide a declaration of non-use or a test report using the following test method: direct determination by Atomic Absorption Spectrometry. The test shall be carried out on the raw fibre prior to any wet processing.
8.2. The emissions of VOCs during polymerisation and fibre production of polyester, measured at the process steps where they occur, including fugitive emissions as well, expressed as an annual average, shall not exceed 1,2 g/kg of produced polyester resin. (VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
10.1. Size: At least 95 % (by dry weight) of the component substances of any sizeing preparation applied to yarns shall be sufficiently biodegradable, or else shall be recycled.The sum of each component is taken into account.Assessment and verification:In this context, a substance is considered as ‘sufficiently biodegradable’:—if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,—or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,—or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,—or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented. — if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days, — or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days, — or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days, — or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.
— if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,
— or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,
— or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,
— or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.
— if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,
— or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,
— or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,
— or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.
10.2. Spinning solution additives, spinning additives and preparation agents for primary spinning (including carding oils, spin finishes and lubricants): At least 90 % (by dry weight) of the component substances shall be sufficiently biodegradable or eliminable in waste water treatment plants.
— if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,
— or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,
— or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,
— or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation or elimination is presented.
10.3. The content of polycyclic aromatic hydrocarbons (PAH) in the mineral oil proportion of a product shall be less than 3 % by weight.Assessment and verification:The applicant shall provide appropriate documentation, safety date sheets, product information sheets or declarations, indicating either the content of polycyclic aromatic hydrocarbons or the non-use of products containing mineral oils.
20.1. In case of cellulose dyeing, where metal complex dyes are part of the dye recipe, less than 20 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).In case of all other dyeing processes, where metal complex dyes are part of the dye recipe, less than 7 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
20.2. The emissions to water after treatment shall not exceed: Cu 75 mg/kg (fibre, yarn or fabric); Cr 50 mg/kg; Ni 75 mg/kg.Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
4-aminodiphenyl (92-67-1)
Benzidine (92-87-5)
4-chloro-o-toluidine (95-69-2)
2-naphtylamine (91-59-8)
o-amino-azotoluene (97-56-3)
2-amino-4-nitrotoluene (99-55-8)
p-chloroaniline (106-47-8)
2,4-diaminoanisol (615-05-4)
4,4′-diaminodiphenylmethane (101-77-9)
3,3′-dichlorobenzidine (91-94-1)
3,3′-dimethoxybenzidine (119-90-4)
3,3′-dimethylbenzidine (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane (838-88-0)
p-cresidine (120-71-8)
4,4′-oxydianiline (101-80-4)
4,4′-thiodianiline (139-65-1)
o-toluidine (95-53-4)
2,4-diaminotoluene (95-80-7)
2,4,5-trimethylaniline (137-17-7)
4-aminoazobenzene (60-09-3)
o-anisidine (90-04-0)
2,4-Xylidine
2,6-Xylidine
22.1. The following dyes shall not be used:—C.I. Basic Red 9,—C.I. Disperse Blue 1,—C.I. Acid Red 26,—C.I. Basic Violet 14,—C.I. Disperse Orange 11,—C. I. Direct Black 38,—C. I. Direct Blue 6,—C. I. Direct Red 28,—C. I. Disperse Yellow 3.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. — C.I. Basic Red 9, — C.I. Disperse Blue 1, — C.I. Acid Red 26, — C.I. Basic Violet 14, — C.I. Disperse Orange 11, — C. I. Direct Black 38, — C. I. Direct Blue 6, — C. I. Direct Red 28, — C. I. Disperse Yellow 3.
— C.I. Basic Red 9,
— C.I. Disperse Blue 1,
— C.I. Acid Red 26,
— C.I. Basic Violet 14,
— C.I. Disperse Orange 11,
— C. I. Direct Black 38,
— C. I. Direct Blue 6,
— C. I. Direct Red 28,
— C. I. Disperse Yellow 3.
— C.I. Basic Red 9,
— C.I. Disperse Blue 1,
— C.I. Acid Red 26,
— C.I. Basic Violet 14,
— C.I. Disperse Orange 11,
— C. I. Direct Black 38,
— C. I. Direct Blue 6,
— C. I. Direct Red 28,
— C. I. Disperse Yellow 3.
22.2. No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of substances that are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC(3). — R40 (limited evidence of a carcinogenic effect), — R45 (may cause cancer), — R46 (may cause heritable genetic damage), — R49 (may cause cancer by inhalation), — R60 (may impair fertility), — R61 (may cause harm to the unborn child), — R62 (possible risk of impaired fertility), — R63 (possible risk of harm to the unborn child), — R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
—C.I. Disperse Blue 3 — C.I. Disperse Blue 3 C.I. 61 505
— C.I. Disperse Blue 3
—C.I. Disperse Blue 7 — C.I. Disperse Blue 7 C.I. 62 500
— C.I. Disperse Blue 7
—C.I. Disperse Blue 26 — C.I. Disperse Blue 26 C.I. 63 305
— C.I. Disperse Blue 26
—C.I. Disperse Blue 35 — C.I. Disperse Blue 35
— C.I. Disperse Blue 35
—C.I. Disperse Blue 102 — C.I. Disperse Blue 102
— C.I. Disperse Blue 102
—C.I. Disperse Blue 106 — C.I. Disperse Blue 106
— C.I. Disperse Blue 106
—C.I. Disperse Blue 124 — C.I. Disperse Blue 124
— C.I. Disperse Blue 124
—C.I. Disperse Brown 1 — C.I. Disperse Brown 1
— C.I. Disperse Brown 1
—C.I. Disperse Orange 1 — C.I. Disperse Orange 1 C.I. 11 080
— C.I. Disperse Orange 1
—C.I. Disperse Orange 3 — C.I. Disperse Orange 3 C.I. 11 005
— C.I. Disperse Orange 3
—C.I. Disperse Orange 37 — C.I. Disperse Orange 37
— C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) — C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 — C.I. Disperse Red 1 C.I. 11 110
— C.I. Disperse Red 1
—C.I. Disperse Red 11 — C.I. Disperse Red 11 C.I. 62 015
— C.I. Disperse Red 11
—C.I. Disperse Red 17 — C.I. Disperse Red 17 C.I. 11 210
— C.I. Disperse Red 17
—C.I. Disperse Yellow 1 — C.I. Disperse Yellow 1 C.I. 10 345
— C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 — C.I. Disperse Yellow 9 C.I. 10 375
— C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 — C.I. Disperse Yellow 39
— C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 — C.I. Disperse Yellow 49
— C.I. Disperse Yellow 49
— C.I. Disperse Blue 3
— C.I. Disperse Blue 7
— C.I. Disperse Blue 26
— C.I. Disperse Blue 35
— C.I. Disperse Blue 102
— C.I. Disperse Blue 106
— C.I. Disperse Blue 124
— C.I. Disperse Brown 1
— C.I. Disperse Orange 1
— C.I. Disperse Orange 3
— C.I. Disperse Orange 37
— C.I. Disperse Orange 76(previously designated Orange 37)
— C.I. Disperse Red 1
— C.I. Disperse Red 11
— C.I. Disperse Red 17
— C.I. Disperse Yellow 1
— C.I. Disperse Yellow 9
— C.I. Disperse Yellow 39
— C.I. Disperse Yellow 49
25.1. Printing pastes used shall not contain more than 5 % volatile organic compounds such as white spirit (VOCs: any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.
25.2. Plastisol-based printing is not allowed.Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.
27.1. Waste water from wet-processing sites (except greasy wool scouring sites and flax retting sites) shall, when discharged after treatment (whether on-site or off-site), have a COD content of less than 20 g/kg expressed as an annual average.Assessment and verification:The applicant shall provide detailed documentation and test reports, using ISO 6060, showing compliance with this criterion, together with a declaration of compliance.
27.2. If the effluent is treated on site and discharged directly to water, it shall also have a pH between 6 and 9 (unless the pH of the receiving water is outside this range) and a temperature of less than 40 °C (unless the temperature of the receiving water is above this value).Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
31.1. Filling materials consisting of textile fibres shall comply with the textile fibre criteria (1–9) where appropriate.
31.2. Filling materials shall comply with criterion 11 on ‘Biocidal or biostatic products’ and the criterion 26 on ‘Formaldehyde’.
31.3. Detergents and other chemicals used for the washing of fillings (down, feathers, natural or synthetic fibres) shall comply with criterion 14 on ‘Auxiliary chemicals’ and criterion 15 on ‘Detergents, fabric softeners and complexing agents’.Assessment and verification:As indicated in the corresponding criteria.
32.1. Products made of polyurethane shall comply with the criterion set out in point 3.1 regarding organic tin and the criterion set out in point 3.2 regarding the emission to air of aromatic diisocyanates.Assessment and verification: As indicated in the corresponding criteria.
32.2. Products made of polyester shall comply with the criterion set out in point 8.1 regarding the amount of antimony and the criterion set out in point 8.2 regarding the emission of VOCs during polymerisation.Assessment and verification: As indicated in the corresponding criteria.
32.3. Coatings, laminates and membranes shall not be produced using plasticisers or solvents, which are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R50 (very toxic to aquatic organisms),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long-term adverse effects in the aquatic environment),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC. — R40 (limited evidence of a carcinogenic effect), — R45 (may cause cancer), — R46 (may cause heritable genetic damage), — R49 (may cause cancer by inhalation), — R50 (very toxic to aquatic organisms), — R51 (toxic to aquatic organisms), — R52 (harmful to aquatic organisms), — R53 (may cause long-term adverse effects in the aquatic environment), — R60 (may impair fertility), — R61 (may cause harm to the unborn child), — R62 (possible risk of impaired fertility), — R63 (possible risk of harm to the unborn child), — R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— R40 (limited evidence of a carcinogenic effect),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R49 (may cause cancer by inhalation),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
32.4. the VOC emissions to air shall not exceed 10 g C/kg.Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.
— plus or minus 2 % for curtains and for furniture fabric that is washable and removable,
— more than minus 8 % or plus 4 % for other woven products and durable non-woven, other knitted products or for terry towelling.
— fibres or yarn,
— products clearly labelled ‘dry clean only’ or equivalent (insofar as it is normal practice for such products to be so labelled),
— furniture fabrics that are not removable and washable.
— encouraging the use of sustainable fibres,
— durable and high quality,
— hazardous substances restricted.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community ecolabel award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Ecolabelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 1999/178/EC of 17 February 1999 establishing the ecological criteria for the award of the Community eco-label to textile products(2)as amended by Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community Ecolabel for textile products(3). Those ecological criteria and the related assessment and verification requirements are valid until 31 December 2009 at the latest.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 1999/178/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for textile products based on the criteria contained in Decision 1999/178/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 1999/178/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:

Article 1
The product group ‘textile products’ shall comprise:
(a)
textile clothing and accessories: clothing and accessories (such as handkerchiefs, scarves, bags, shopping bags, rucksacks, belts etc.) consisting of at least 90 % by weight of textile fibres;
(b)
interior textiles: textile products for interior use consisting of at least 90 % by weight of textile fibres. Mats and rugs are included. Wall to wall floor coverings and wall coverings are excluded;
(c)
fibres, yarn and fabric (including durable non-woven) intended for use in textile clothing and accessories or interior textiles.
This product group will not include textiles treated with biocidal products, except where those biocidal products are included in Annex IA to Directive 98/8/EC of the European Parliament and of the Council(4), where this substance confers to the textiles additional properties directly aiming at protecting human health (e.g. biocidal products added to textile nets and clothing to repel mosquitoes and fleas, mites or allergens) and where the active substance is authorised for the use in question according to Annex V to Directive 98/8/EC.
For ‘textile clothing and accessories’ and for ‘interior textiles’: down, feathers, membranes and coatings need not be taken into account in the calculation of the percentage of textile fibres.

Article 2
In order to be awarded the Community Ecolabel for products falling within the product group textile products under Regulation (EC) No 1980/2000, a textile product shall comply with the criteria set out in the Annex to this Decision.

Article 3
The ecological criteria for the product group ‘textile products’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.

Article 4
For administrative purposes the code number assigned to the product group ‘textile products’ shall be ‘016’.

Article 5
Decision 1999/178/EC is repealed.

Article 6
1. Applications for Ecolabel for products falling within the product group textile products submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 1999/178/EC.
2. Applications for Ecolabel for products falling within the product group textile products submitted from the date of adoption of this Decision but by 31 December 2009 at the latest may be based either on the criteria set out in Decision 1999/178/EC or on the criteria set out in this Decision.
Those applications shall be evaluated in accordance with the criteria on which they are based.
3. Where the Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 1999/178/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.

Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community ecolabel award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Ecolabelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Ecolabel may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Ecolabel criteria, drawn up on the basis of the criteria drafted by the European Union Ecolabelling Board, are to be established according to product groups.
(3) It also provides that the review of the Ecolabel criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 1999/178/EC of 17 February 1999 establishing the ecological criteria for the award of the Community eco-label to textile products(2)as amended by Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community Ecolabel for textile products(3). Those ecological criteria and the related assessment and verification requirements are valid until 31 December 2009 at the latest.
(5) In the light of that review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.
(6) The ecological criteria, as well as the related assessment and verification requirements, should be valid for four years from the date of adoption of this Decision.
(7) Decision 1999/178/EC should therefore be replaced.
(8) A transitional period should be allowed for producers whose products have been awarded the Ecolabel for textile products based on the criteria contained in Decision 1999/178/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. Producers should also be allowed to submit applications set out under the criteria set in Decision 1999/178/EC or set out under the criteria set in this Decision until the lapse of validity of that Decision.
(9) Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:
The product group ‘textile products’ shall comprise:
(a)
textile clothing and accessories: clothing and accessories (such as handkerchiefs, scarves, bags, shopping bags, rucksacks, belts etc.) consisting of at least 90 % by weight of textile fibres;
(b)
interior textiles: textile products for interior use consisting of at least 90 % by weight of textile fibres. Mats and rugs are included. Wall to wall floor coverings and wall coverings are excluded;
(c)
fibres, yarn and fabric (including durable non-woven) intended for use in textile clothing and accessories or interior textiles.
This product group will not include textiles treated with biocidal products, except where those biocidal products are included in Annex IA to Directive 98/8/EC of the European Parliament and of the Council(4), where this substance confers to the textiles additional properties directly aiming at protecting human health (e.g. biocidal products added to textile nets and clothing to repel mosquitoes and fleas, mites or allergens) and where the active substance is authorised for the use in question according to Annex V to Directive 98/8/EC.
For ‘textile clothing and accessories’ and for ‘interior textiles’: down, feathers, membranes and coatings need not be taken into account in the calculation of the percentage of textile fibres.
In order to be awarded the Community Ecolabel for products falling within the product group textile products under Regulation (EC) No 1980/2000, a textile product shall comply with the criteria set out in the Annex to this Decision.
The ecological criteria for the product group ‘textile products’, as well as the related assessment and verification requirements, shall be valid for four years from the date of adoption of this Decision.
For administrative purposes the code number assigned to the product group ‘textile products’ shall be ‘016’.
Decision 1999/178/EC is repealed.
1. Applications for Ecolabel for products falling within the product group textile products submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in Decision 1999/178/EC.
2. Applications for Ecolabel for products falling within the product group textile products submitted from the date of adoption of this Decision but by 31 December 2009 at the latest may be based either on the criteria set out in Decision 1999/178/EC or on the criteria set out in this Decision.
Those applications shall be evaluated in accordance with the criteria on which they are based.
3. Where the Ecolabel is awarded on the basis of an application evaluated according to the criteria set out in Decision 1999/178/EC, that Ecolabel may be used for twelve months from the date of adoption of this Decision.
This Decision is addressed to the Member States.

FRAMEWORK

ANNEX
The aims of the criteria
These criteria aim in particular at promoting the reduction of water pollution related to the key processes throughout the textile manufacturing chain, including fibre production, spinning, weaving, knitting, bleaching, dyeing and finishing.
The criteria are set at levels that promote the labelling of textile products which have a lower environmental impact.

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 these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., 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.
The functional unit, to which inputs and outputs should be related, is 1 kg of textile product at normal conditions (65 % RH ± 4 % and 20 °C ± 2 °C; these norm conditions are specified in ISO 139 Textiles — standard atmospheres for conditioning and testing).
Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.
The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).

ECOLOGICAL CRITERIA
The criteria are divided into three main categories concerning textile fibres, processes and chemicals, and fitness for use.
TEXTILE FIBRE CRITERIAFibre-specific criteria are set in this section for acrylic, cotton and other natural cellulosic seed fibres, elastane, flax and other bast fibres, greasy wool and other keratin fibres, man-made cellulose fibres, polyamide, polyester and polypropylene.
Other fibres for which no fibre specific criteria are set are also allowed, with the exception of mineral fibres, glass fibres, metal fibres, carbon fibres and other inorganic fibres.
The criteria set in this section for a given fibre-type need not be met if that fibre contributes to less than 5 % of the total weight of the textile fibres in the product. Similarly they need not be met if the fibres are of recycled origin. In this context, recycled fibres are defined as fibres originating only from cuttings from textile and clothing manufacturers or from post-consumer waste (textile or otherwise). Nevertheless, at least 85 % by weight of all fibres in the product must be either in compliance with the corresponding fibre-specific criteria, if any, or of recycled origin.
Assessment and verification:The applicant shall supply detailed information as to the composition of the textile product.
1. Acrylic

| 1.1. | The residual acrylonitrile content in raw fibres leaving the fibre production plant shall be less than 1,5 mg/kg.Assessment and verification:The applicant shall provide a test report, using the following test method: extraction with boiling water and quantification by capillary gas-liquid chromatography.
| 1.2. | The emissions to air of acrylonitrile (during polymerisation and up to the solution ready for spinning), expressed as an annual average, shall be less than 1 g/kg of fibre produced.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.2. Cotton and other natural cellulosic seed fibres (including kapok)
Cotton and other natural cellulosic seed fibres (hereinafter referred to as cotton) shall not contain more than 0,05 ppm (sensibility of the test method permitting) of each of the following substances: aldrin, captafol, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, hexachlorocyclohexane (total isomers), 2.4,5-T, chlordimeform, chlorobenzilate, dinoseb and its salts, monocrotophos, pentachlorophenol, toxaphene, methamidophos, methylparathion, parathion, phosphamidon. The test should be made on raw cotton, before it comes through any wet treatment, for each lot of cotton or two times a year if more than two lots of cotton per year are received.
This requirement does not apply where more than 50 % of the cotton content is organically grown cotton or transitional cotton, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Council Regulation (EC) No 834/2007(1).
This requirement does not apply if documentary evidence can be presented that establishes the identity of the farmers producing at least 75 % of the cotton used in the final product, together with a declaration from these farmers that the substances listed above have not been applied to the fields or cotton plants producing the cotton in question, or to the cotton itself.
Where at least 95 % of the cotton in one product is organic, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Regulation (EC) No 834/2007 the applicant may place the mention ‘organic cotton’ next to the Ecolabel. Where between 70 % and 95 % of the cotton in one product is organic, it may be labelled ‘made with xy % organic cotton’.
Assessment and verification:The applicant shall either provide proof of organic certification or documentation relating to the non-use by the farmers or a test report, using the following test methods: as appropriate, US EPA 8081 A (organo-chlorine pesticides, with ultrasonic or Soxhlet extraction and apolar solvents (iso-octane or hexane)), 8151 A (chlorinated herbicides, using methanol), 8141 A (organophosphorus compounds), or 8270 C (semi-volatile organic compounds).
A minimum of 3 % of organic cotton, that is to say certified by an independent organisation to have been produced in conformity with the production and inspection requirements laid down in Regulation (EC) No 834/2007 have to be used on an annual basis.
The applicant shall provide:

— | information about the certification body,
— | a declaration stating the proportion of organic certified cotton used in the total production of Ecolabelled textiles on a yearly basis.The competent body may request the submission of further documentation to enable it to assess whether the requirements of the standard and certification system have been fulfilled.
3. Elastane

| 3.1. | Organotin compounds shall not be used.Assessment and verification:The applicant shall provide a declaration of non-use.
| 3.2. | The emissions to air of aromatic diisocyanates during polymerisation and fibre production, measured at the process steps where they occur, including fugitive emissions as well expressed as an annual average, shall be less than 5 mg/kg of fibre produced.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.4. Flax and other bast fibres (including hemp, jute, and ramie)
Flax and other bast fibres shall not be obtained by water retting, unless the waste water from the water retting is treated so as to reduce the COD or TOC by at least 75 % for hemp fibres and by at least 95 % for flax and the other bast fibres.
Assessment and verification:If water retting is used, the applicant shall provide a test report, using the following test method: ISO 6060 (COD).
5. Greasy wool and other keratin fibres (including wool from sheep, camel, alpaca, goat)

| 5.1. | The sum total content of the following substances shall not exceed 0,5 ppm: γ-hexachlorocyclohexane (lindane), α-hexachlorocyclohexane, β-hexachlorocyclohexane, δ-hexachlorocyclohexane, aldrin, dieldrin, endrin, p,p′-DDT, p,p′-DDD.
| 5.2. | The sum total content of the following substances shall not exceed 2 ppm: diazinon, propetamphos, chlorfenvinphos, dichlofenthion, chlorpyriphos, fenchlorphosq, ethion, pirimphos-methyl.
| 5.3. | The sum total content of the following substances shall not exceed 0,5 ppm: cypermethrin, deltamethrin, fenvalerate, cyhalothrin, flumethrin.
| 5.4. | The sum total content of the following substances shall not exceed 2ppm: diflubenzuron, triflumuron, dicyclanil.The test should be made on raw wool, before it comes through any wet treatment, for each lot of wool or two times a year if more than two lots of wool per year are received.
These requirements (as detailed in points 5.1, 5.2, 5.3 and 5.4) and taken separately) do not apply if documentary evidence can be presented that establishes the identity of the farmers producing at least 75 % of the wool or keratin fibres in question, together with a declaration from these farmers that the substances listed above have not been applied to the fields or animals concerned.
Assessment and verification for points 5.1, 5.2, 5.3 and 5.4:The applicant shall either provide the documentation indicated above or provide a test report, using the following test method: IWTO Draft Test Method 59.

| 5.5. | For scouring effluent discharged to sewer, the COD discharged to sewer shall not exceed 60 g/kg greasy wool, and the effluent shall be treated off-site so as to achieve at least a further 75 % reduction of COD content, expressed as an annual average.For scouring effluent treated on-site and discharged to surface waters, the COD discharged to surface waters shall not exceed 45 g/kg greasy wool. The pH of the effluent discharged to surface waters shall be between 6 and 9 (unless the pH of the receiving waters is outside this range), and the temperature shall be below 40 °C (unless the temperature of the receiving water is above this value). The wool scouring plant shall describe, in detail, their treatment of the scouring effluent and continuously monitor the COD-levels.
Assessment and verification:The applicant shall provide relevant data and test reports related to this criterion, using the following test method: ISO 6060.
6. Man-made cellulose fibres (including viscose, lyocell, acetate, cupro, triacetate)

| 6.1. | The level of AOX in the fibres shall not exceed 250 ppm.Assessment and verification:The applicant shall provide a test report, using the following test method: ISO 11480.97 (controlled combustion and microcoulometry).
| 6.2. | For viscose fibres, the sulphur content of the emissions of sulphur compounds to air from the processing during fibre production, expressed as an annual average, shall not exceed 120 g/kg filament fibre produced and 30 g/kg staple fibre produced. Where both types of fibre are produced on a given site, the overall emissions must not exceed the corresponding weighted average.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
| 6.3. | For viscose fibres, the emission to water of zinc from the production site, expressed as an annual average, shall not exceed 0,3 g/kg.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
| 6.4. | For cupro fibres, the copper content of the effluent water leaving the site, expressed as an annual average, shall not exceed 0,1 ppm.Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.7. Polyamide
The emissions to air of N2O during monomer production, expressed as an annual average, shall not exceed 10 g/kg polyamide 6 fibre produced and 50 g/kg polyamide 6,6 produced.
Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.
8. Polyester

| 8.1. | The amount of antimony in the polyester fibres shall not exceed 260 ppm. Where no antimony is used, the applicant may state ‘antimony free’ (or equivalent text) next to the Ecolabel.Assessment and verification:The applicant shall either provide a declaration of non-use or a test report using the following test method: direct determination by Atomic Absorption Spectrometry. The test shall be carried out on the raw fibre prior to any wet processing.
| 8.2. | The emissions of VOCs during polymerisation and fibre production of polyester, measured at the process steps where they occur, including fugitive emissions as well, expressed as an annual average, shall not exceed 1,2 g/kg of produced polyester resin. (VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).Assessment and verification:The applicant shall provide detailed documentation and/or test reports showing compliance with this criterion, together with a declaration of compliance.9. Polypropylene
Lead-based pigments shall not be used.
Assessment and verification:The applicant shall provide a declaration of non-use.
PROCESSES AND CHEMICALS CRITERIAThe criteria in this section apply, where appropriate, to all stages of production of the product, including the production of the fibres. It is nevertheless accepted that recycled fibres may contain some of the dyes or other substances excluded by these criteria, but only if they were applied in the previous life-cycle of the fibres.
10. Auxiliaries and finishing agents for fibres and yarns

| 10.1. | Size: At least 95 % (by dry weight) of the component substances of any sizeing preparation applied to yarns shall be sufficiently biodegradable, or else shall be recycled.The sum of each component is taken into account.Assessment and verification:In this context, a substance is considered as ‘sufficiently biodegradable’:—if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,—or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,—or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,—or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented. | — | if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days, | — | or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days, | — | or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days, | — | or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.
— | if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,
— | or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,
— | or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,
— | or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation is presented.The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all sizeing preparations used.

| 10.2. | Spinning solution additives, spinning additives and preparation agents for primary spinning (including carding oils, spin finishes and lubricants): At least 90 % (by dry weight) of the component substances shall be sufficiently biodegradable or eliminable in waste water treatment plants.This requirement does not apply to preparation agents for secondary spinning (spinning lubricants, conditioning agents), coning oils, warping and twisting oils, waxes, knitting oils, silicone oils and inorganic substances. The sum of each component is taken into account.
Assessment and verification:In this context, a substance is considered as ‘sufficiently biodegradable or eliminable in waste water treatment plants’:

— | if when tested with one of the methods OECD 301 A, OECD 301 E, ISO 7827, OECD 302 A, ISO 9887,OECD 302 B, or ISO 9888 it shows a percentage degradation of at least 70 % within 28 days,
— | or if when tested with one of the methods OECD 301 B, ISO 9439, OECD 301 C, OECD 302 C, OECD 301 D, ISO 10707, OECD 301 F, ISO 9408, ISO 10708 or ISO 14593 it shows a percentage degradation of at least 60 % within 28 days,
— | or if when tested with one of the methods OECD 303 or ISO 11733 it shows a percentage degradation of at least 80 % within 28 days,
— | or, for substances for which these test methods are inapplicable, if evidence of an equivalent level of biodegradation or elimination is presented.The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all such additives or preparation agents used.

| 10.3. | The content of polycyclic aromatic hydrocarbons (PAH) in the mineral oil proportion of a product shall be less than 3 % by weight.Assessment and verification:The applicant shall provide appropriate documentation, safety date sheets, product information sheets or declarations, indicating either the content of polycyclic aromatic hydrocarbons or the non-use of products containing mineral oils.11. Biocidal or biostatic products
Chlorophenols (their salts and esters), PCB and organotin compounds shall not be used during transportation or storage of products and semi-manufactured products.
Assessment and verification:The applicant shall provide a declaration of non-use of these substances or compounds on the yarn, fabric and final product. Should this declaration be subject to verification the following test method and threshold shall be used: extraction as appropriate, derivatisation with acetic anhydride, determination by capillary gas-liquid chromatography with electron capture detection, limit value 0,05 ppm.
12. Stripping or depigmentation
Heavy metal salts (except of iron) or formaldehyde shall not be used for stripping or depigmentation.
Assessment and verification:The applicant shall provide a declaration of non-use.
13. Weighting
Compounds of cerium shall not be used in the weighting of yarn or fabrics.
Assessment and verification:The applicant shall provide a declaration of non-use.
14. All chemicals and chemical preparations
Alkylphenolethoxylates (APEOs), linear alkylbenzene sulfonates (LAS), bis(hydrogenated tallow alkyl) dimethyl ammonium chloride (DTDMAC), distearyl dimethyl ammonium chloride (DSDMAC), di(hardened tallow) dimethyl ammonium chloride (DHTDMAC), ethylene diamine tetra acetate (EDTA), and diethylene triamine penta acetate (DTPA) shall not be used and shall not be part of any preparations or formulations used.
Assessment and verification:The applicant shall provide a declaration of non-use.
15. Detergents, fabric softeners and complexing agents
At each wet-processing site, at least 95 % by weight of fabric softeners, complexing agents and detergents by weight shall be sufficiently degradable or eliminable in wastewater treatment plants.
This is with the exception of surfactants in detergents and fabric softeners at each wet processing site, which shall be ultimately aerobically biodegradable.
Assessment and verification:‘Sufficiently biodegradable or eliminable’ is as defined above in the criterion related to auxiliaries and finishing agents for fibres and yarns. The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all detergents, fabric softeners and complexing agents used.
‘Ultimate aerobic biodegradation’ has to be interpreted as laid down in Annex III to Regulation (EC) No 648/2004 of the European Parliament and of the Council(2). The applicant shall provide appropriate documentation, safety data sheets, test reports and/or declarations, indicating the test methods and results as above, and showing compliance with this criterion for all surfactants in detergents and fabric softeners used.
16. Bleaching agents: Chlorine agents are excluded for bleaching yarns, fabrics and end products
This requirement does not apply to the production of man-made cellulose fibres. (See criterion 6,1).
Assessment and verification:The applicant shall provide a declaration of non-use of chlorinated bleaching agents.
17. Impurities in dyes: Colour matter with fibre affinity (soluble or insoluble)
The levels of ionic impurities in the dyes 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.
Any metal that is included as an integral part of the dye molecule (e.g. metal complex dyes, certain reactive dyes, etc.) shall not be considered when assessing compliance with these values, which only relate to impurities.
Assessment and verification:The applicant shall provide a declaration of compliance.
18. Impurities in pigments: Insoluble colour matter without fibre affinity
The levels of ionic impurities for pigments used shall not exceed the following: As 50 ppm; Ba 100 ppm, Cd 50 ppm; Cr 100 ppm; Hg 25 ppm; Pb 100 ppm; Se 100 ppm Sb 250 ppm; Zn 1 000 ppm.
Assessment and verification:The applicant shall provide a declaration of compliance.
19. Chrome mordant dyeing
Chrome mordant dyeing is not allowed.
Assessment and verification:The applicant shall provide a declaration of non-use.
20. Metal complex dyes
If metal complex dyes based on copper, chromium or nickel are used:

20.1. | In case of cellulose dyeing, where metal complex dyes are part of the dye recipe, less than 20 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).In case of all other dyeing processes, where metal complex dyes are part of the dye recipe, less than 7 % of each of those metal complex dyes applied (input to the process) shall be discharged to waste water treatment (whether on-site or off-site).The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.
20.2. | The emissions to water after treatment shall not exceed: Cu 75 mg/kg (fibre, yarn or fabric); Cr 50 mg/kg; Ni 75 mg/kg.Assessment and verification:The applicant shall either provide a declaration of non-use or documentation and test reports using the following test methods: ISO 8288 for Cu, Ni; EN 1233 for Cr.21. Azo dyes
Azo dyes shall not be used that may cleave to any one of the following aromatic amines:

4-aminodiphenyl | (92-67-1)
Benzidine | (92-87-5)
4-chloro-o-toluidine | (95-69-2)
2-naphtylamine | (91-59-8)
o-amino-azotoluene | (97-56-3)
2-amino-4-nitrotoluene | (99-55-8)
p-chloroaniline | (106-47-8)
2,4-diaminoanisol | (615-05-4)
4,4′-diaminodiphenylmethane | (101-77-9)
3,3′-dichlorobenzidine | (91-94-1)
3,3′-dimethoxybenzidine | (119-90-4)
3,3′-dimethylbenzidine | (119-93-7)
3,3′-dimethyl-4,4′-diaminodiphenylmethane | (838-88-0)
p-cresidine | (120-71-8)
4,4′-oxydianiline | (101-80-4)
4,4′-thiodianiline | (139-65-1)
o-toluidine | (95-53-4)
2,4-diaminotoluene | (95-80-7)
2,4,5-trimethylaniline | (137-17-7)
4-aminoazobenzene | (60-09-3)
o-anisidine | (90-04-0)
2,4-Xylidine |
2,6-Xylidine | Assessment and verification:The applicant shall provide a declaration of non-use of these dyes. Should this declaration be subject to verification the following standard shall be used = EN 14 362-1 and 2. (Note: false positives may be possible with respect to the presence of 4-aminoazobenzene, and confirmation is therefore recommended).
22. Dyes that are carcinogenic, mutagenic or toxic to reproduction

| 22.1. | The following dyes shall not be used:—C.I. Basic Red 9,—C.I. Disperse Blue 1,—C.I. Acid Red 26,—C.I. Basic Violet 14,—C.I. Disperse Orange 11,—C. I. Direct Black 38,—C. I. Direct Blue 6,—C. I. Direct Red 28,—C. I. Disperse Yellow 3.Assessment and verification:The applicant shall provide a declaration of non-use of such dyes. | — | C.I. Basic Red 9, | — | C.I. Disperse Blue 1, | — | C.I. Acid Red 26, | — | C.I. Basic Violet 14, | — | C.I. Disperse Orange 11, | — | C. I. Direct Black 38, | — | C. I. Direct Blue 6, | — | C. I. Direct Red 28, | — | C. I. Disperse Yellow 3.
— | C.I. Basic Red 9,
— | C.I. Disperse Blue 1,
— | C.I. Acid Red 26,
— | C.I. Basic Violet 14,
— | C.I. Disperse Orange 11,
— | C. I. Direct Black 38,
— | C. I. Direct Blue 6,
— | C. I. Direct Red 28,
— | C. I. Disperse Yellow 3.
| 22.2. | No use is allowed of dye substances or of dye preparations containing more than 0,1 % by weight of substances that are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC(3). | — | R40 (limited evidence of a carcinogenic effect), | — | R45 (may cause cancer), | — | R46 (may cause heritable genetic damage), | — | R49 (may cause cancer by inhalation), | — | R60 (may impair fertility), | — | R61 (may cause harm to the unborn child), | — | R62 (possible risk of impaired fertility), | — | R63 (possible risk of harm to the unborn child), | — | R68 (possible risk of irreversible effects),
— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),Alternatively, classification may be considered according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council(4). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall provide a declaration of non-use of such dyes.
23. Potentially sensitising dyes
The following dyes shall not be used:

—C.I. Disperse Blue 3 | — | C.I. Disperse Blue 3 | C.I. 61 505
— | C.I. Disperse Blue 3
—C.I. Disperse Blue 7 | — | C.I. Disperse Blue 7 | C.I. 62 500
— | C.I. Disperse Blue 7
—C.I. Disperse Blue 26 | — | C.I. Disperse Blue 26 | C.I. 63 305
— | C.I. Disperse Blue 26
—C.I. Disperse Blue 35 | — | C.I. Disperse Blue 35 |
— | C.I. Disperse Blue 35
—C.I. Disperse Blue 102 | — | C.I. Disperse Blue 102 |
— | C.I. Disperse Blue 102
—C.I. Disperse Blue 106 | — | C.I. Disperse Blue 106 |
— | C.I. Disperse Blue 106
—C.I. Disperse Blue 124 | — | C.I. Disperse Blue 124 |
— | C.I. Disperse Blue 124
—C.I. Disperse Brown 1 | — | C.I. Disperse Brown 1 |
— | C.I. Disperse Brown 1
—C.I. Disperse Orange 1 | — | C.I. Disperse Orange 1 | C.I. 11 080
— | C.I. Disperse Orange 1
—C.I. Disperse Orange 3 | — | C.I. Disperse Orange 3 | C.I. 11 005
— | C.I. Disperse Orange 3
—C.I. Disperse Orange 37 | — | C.I. Disperse Orange 37 |
— | C.I. Disperse Orange 37
—C.I. Disperse Orange 76(previously designated Orange 37) | — | C.I. Disperse Orange 76(previously designated Orange 37) |
— | C.I. Disperse Orange 76(previously designated Orange 37)
—C.I. Disperse Red 1 | — | C.I. Disperse Red 1 | C.I. 11 110
— | C.I. Disperse Red 1
—C.I. Disperse Red 11 | — | C.I. Disperse Red 11 | C.I. 62 015
— | C.I. Disperse Red 11
—C.I. Disperse Red 17 | — | C.I. Disperse Red 17 | C.I. 11 210
— | C.I. Disperse Red 17
—C.I. Disperse Yellow 1 | — | C.I. Disperse Yellow 1 | C.I. 10 345
— | C.I. Disperse Yellow 1
—C.I. Disperse Yellow 9 | — | C.I. Disperse Yellow 9 | C.I. 10 375
— | C.I. Disperse Yellow 9
—C.I. Disperse Yellow 39 | — | C.I. Disperse Yellow 39 |
— | C.I. Disperse Yellow 39
—C.I. Disperse Yellow 49 | — | C.I. Disperse Yellow 49 |
— | C.I. Disperse Yellow 49Assessment and verification: The applicant shall provide a declaration of non-use of these dyes.
24. Halogenated carriers for polyester
Halogenated carriers shall not be used.
Assessment and verification:The applicant shall provide a declaration of non-use.
25. Printing

| 25.1. | Printing pastes used shall not contain more than 5 % volatile organic compounds such as white spirit (VOCs: any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use).Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.
| 25.2. | Plastisol-based printing is not allowed.Assessment and verification: The applicant shall either provide a declaration that no printing has been made or provide appropriate documentation showing compliance together with a declaration of compliance.26. Formaldehyde
The amount of free and partly hydrolysable formaldehyde in the final fabric shall not exceed 20 ppm in products for babies and young children under 3 years old, 30 ppm for products that come into direct contact with the skin, and 75 ppm for all other products.
Assessment and verification:The applicant shall either provide a declaration that formaldehyde containing products have not been applied or provide a test report using the following test method: EN ISO 14184-1.
27. Waste water discharges from wet-processing

| 27.1. | Waste water from wet-processing sites (except greasy wool scouring sites and flax retting sites) shall, when discharged after treatment (whether on-site or off-site), have a COD content of less than 20 g/kg expressed as an annual average.Assessment and verification:The applicant shall provide detailed documentation and test reports, using ISO 6060, showing compliance with this criterion, together with a declaration of compliance.
| 27.2. | If the effluent is treated on site and discharged directly to water, it shall also have a pH between 6 and 9 (unless the pH of the receiving water is outside this range) and a temperature of less than 40 °C (unless the temperature of the receiving water is above this value).Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.28. Flame retardants
Only flame retardants that are chemically bound into the polymer fibre or onto the fibre surface (reactive flame retardants) may be used in the product. If the flame retardants used have any of the R-phrases listed below, these reactive flame retardants should, on application, change their chemical nature to no longer warrant classification under any of these R-phrases. (Less than 0,1 % of the flame retardant on the treated yarn or fabric may remain in the form as before application.)

— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R50 (very toxic to aquatic organisms),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long-term adverse effects in the aquatic environment),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC.
Flame retardants which are only physically mixed into the polymer fibre or into a textile coating are excluded (additive flame retardants).
Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall provide a declaration that additive flame retardants have not been used and indicate which reactive flame retardants, if any, have been used and provide documentation (such as safety data sheets) and/or declarations indicating that those flame retardants comply with this criterion.
29. Anti felting finishes
Halogenated substances or preparations shall only be applied to wool slivers and loose scoured wool.
Assessment and verification:The applicant shall provide a declaration of non-use (unless used for wool slivers and loose scoured wool).
30. Fabrics Finishes
The word ‘finishes’ covers all physical or chemical treatments giving to the textile fabrics specific properties such as softness, waterproof, easy care.
No use is allowed of finishing substances or of finishing preparations containing more than 0,1 % by weight of substances that are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):

— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R50 (very toxic to aquatic organisms),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long-term adverse effects in the aquatic environment),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC.
Alternatively, classification may be considered according to Regulation (EC) No 1272/2008. In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall either provide a declaration that finishes have not been used, or indicate which finishes have been used and provide documentation (such as safety data sheets) and/or declarations indicating that those finishes comply with this criterion.
31. Fillings

| 31.1. | Filling materials consisting of textile fibres shall comply with the textile fibre criteria (1–9) where appropriate.
| 31.2. | Filling materials shall comply with criterion 11 on ‘Biocidal or biostatic products’ and the criterion 26 on ‘Formaldehyde’.
| 31.3. | Detergents and other chemicals used for the washing of fillings (down, feathers, natural or synthetic fibres) shall comply with criterion 14 on ‘Auxiliary chemicals’ and criterion 15 on ‘Detergents, fabric softeners and complexing agents’.Assessment and verification:As indicated in the corresponding criteria.32. Coatings, laminates and membranes

| 32.1. | Products made of polyurethane shall comply with the criterion set out in point 3.1 regarding organic tin and the criterion set out in point 3.2 regarding the emission to air of aromatic diisocyanates.Assessment and verification: As indicated in the corresponding criteria.
| 32.2. | Products made of polyester shall comply with the criterion set out in point 8.1 regarding the amount of antimony and the criterion set out in point 8.2 regarding the emission of VOCs during polymerisation.Assessment and verification: As indicated in the corresponding criteria.
| 32.3. | Coatings, laminates and membranes shall not be produced using plasticisers or solvents, which are assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R40 (limited evidence of a carcinogenic effect),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R49 (may cause cancer by inhalation),—R50 (very toxic to aquatic organisms),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long-term adverse effects in the aquatic environment),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Directive 67/548/EEC. | — | R40 (limited evidence of a carcinogenic effect), | — | R45 (may cause cancer), | — | R46 (may cause heritable genetic damage), | — | R49 (may cause cancer by inhalation), | — | R50 (very toxic to aquatic organisms), | — | R51 (toxic to aquatic organisms), | — | R52 (harmful to aquatic organisms), | — | R53 (may cause long-term adverse effects in the aquatic environment), | — | R60 (may impair fertility), | — | R61 (may cause harm to the unborn child), | — | R62 (possible risk of impaired fertility), | — | R63 (possible risk of harm to the unborn child), | — | R68 (possible risk of irreversible effects),
— | R40 (limited evidence of a carcinogenic effect),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R49 (may cause cancer by inhalation),
— | R50 (very toxic to aquatic organisms),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long-term adverse effects in the aquatic environment),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),Alternatively, classification may be considered according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006(5). In this case no substances or preparations may be added to the raw materials that are assigned, or may be assigned at the time of application, with and of the following hazard statements (or combinations thereof): H351, H350, H340, H350i, H400, H410, H411, H412, H413, H360F, H360D, H361f, H361d H360FD, H361fd, H360Fd, H360Df, H341.
Assessment and verification:The applicant shall provide a declaration of non-use of such plasticizers or solvents.

| 32.4. | the VOC emissions to air shall not exceed 10 g C/kg.Assessment and verification: The applicant shall provide documentation and test reports showing compliance with this criterion, together with a declaration of compliance.33. Energy and water use
The applicant shall provide data on water and energy use for the manufacturing sites involved in wet processing.
Assessment and verification:The applicant is requested to provide the abovementioned information.
FITNESS FOR USE CRITERIAThe following criteria apply either to the dyed yarn, the final fabric(s), or the final product, with tests carried out as appropriate.
34. Dimensional changes during washing and drying
The dimensional changes after washing and drying shall not exceed:

— | plus or minus 2 % for curtains and for furniture fabric that is washable and removable,
— | more than minus 8 % or plus 4 % for other woven products and durable non-woven, other knitted products or for terry towelling.This criterion does not apply to:

— | fibres or yarn,
— | products clearly labelled ‘dry clean only’ or equivalent (insofar as it is normal practice for such products to be so labelled),
— | furniture fabrics that are not removable and washable.Assessment and verification:The applicant shall provide test reports using the following standards EN ISO 63 30, ISO 5077 as follows: 3 washes at temperatures as indicated on the product, with tumble drying after each washing cycle unless other drying procedures are indicated on the product,
35. Colour fastness to washing
The colour fastness to washing shall be at least level 3-4 for colour change and at least level 3-4 for staining.
This criterion does not apply to products clearly labelled ‘dry clean only’ or equivalent (insofar as it is normal practice for such products to be so labelled), to white products or products that are neither dyed nor printed, or to non-washable furniture fabrics.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 C06 (single wash, at temperature as marked on the product, with perborate powder).
36. Colour fastness to perspiration (acid, alkaline)
The colour fastness to perspiration (acid and alkaline) shall be at least level 3-4 (colour change and staining).
A level of 3 is nevertheless allowed when fabrics are both dark coloured (standard depth > 1/1) and made of regenerated wool or more than 20 % silk.
This criterion does not apply to white products, to products that are neither dyed nor printed, to furniture fabrics, curtains or similar textiles intended for interior decoration.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 E04 (acid and alkaline, comparison with multi-fibre fabric).
37. Colour fastness to wet rubbing
The colour fastness to wet rubbing shall be at least level 2-3. A level of 2 is nevertheless allowed for indigo dyed denim.
This criterion does not apply to white products or products that are neither dyed nor printed.
Assessment and verification: The applicant shall provide test reports using the following standard EN: ISO 105 X12.
38. Colour fastness to dry rubbing
The colour fastness to dry rubbing shall be at least level 4.
A level of 3-4 is nevertheless allowed for indigo dyed denim.
This criterion does not apply to white products or products that are neither dyed nor printed, or to curtains or similar textiles intended for interior decoration.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 X12.
39. Colour fastness to light
For fabrics intended for furniture, curtains or drapes, the colour fastness to light shall be at least level 5. For all other products the colour fastness to light shall be at least level 4.
A level of 4 is nevertheless allowed when fabrics intended for furniture, curtains or drapes are both light coloured (standard depth < 1/12) and made of more than 20 % wool or other keratin fibres, or more than 20 % silk, or more than 20 % linen or other bast fibres.
This requirement does not apply to mattress ticking, mattress protection or underwear.
Assessment and verification:The applicant shall provide test reports using the following standard EN: ISO 105 B02.
40. Information appearing on the Ecolabel
Box 2 of the Ecolabel shall contain the following text:

— | encouraging the use of sustainable fibres,
— | durable and high quality,
— | hazardous substances restricted.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.

(1)
OJ L 189, 20.7.2007, p. 1.
(2)
OJ L 104, 8.4.2004, p. 1.
(3)
OJ 196, 16.8.1967, p. 1.
(4)
OJ L 353, 31.12.2008, p. 1.
(5)
OJ L 353, 31.12.2008, p. 1.

Pending: 32009D0470

18.6.2009 EN Official Journal of the European Union L 155/30
(1) Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(2)has been substantially amended several times(3). In the interests of clarity and rationality the said Decision should be codified.
(2) Live animals and products of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of products of animal origin constitute a source of income for a large part of the agricultural population.
(3) The rational development of that sector and an improvement in its productivity may be achieved by the initiation of veterinary measures aimed at protecting and raising the level of public and animal health in the Community.
(4) The pursuit of that objective necessitates the provision of Community aid for actions undertaken or intended to be undertaken.
(5) The Community should make a financial contribution towards the eradication, as quickly as possible, of any outbreak of a serious infectious disease.
(6) It is also necessary to prevent and reduce, by appropriate control measures, the appearance of zoonoses which pose a threat to human health.
(7) In the light of the adoption of Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(4), Community financial contributions should also be granted for eradication measures carried out by the Member States to combat other diseases in aquaculture animals, subject to Community control provisions.
(8) Community financial contributions for disease control purposes in aquaculture animals should be subject to scrutiny regarding compliance with the control provisions laid down in Directive 2006/88/EC, in accordance with the same procedures as those that apply for such scrutiny and control for certain terrestrial animal diseases.
(9) The functioning of the internal market requires a control strategy that postulates a harmonised control system for products coming from third countries. It seems appropriate to facilitate the implementation of that strategy by providing for a Community financial contribution towards the initiation and the development of this strategy.
(10) The harmonisation of essential requirements concerning the protection of public health, the protection of animal health and the protection of animals presupposes the designation of Community liaison and reference laboratories and the undertaking of technical and scientific actions. It seems appropriate to provide for a Community financial contribution. In the field of animal protection in particular, it is desirable to create a database to gather, store and disseminate any information necessary.
(11) Information gathering activities are necessary to allow better development and implementation of legislation in the fields of animal health and food safety. In addition, there is a pressing need to disseminate as widely as possible information regarding animal health and food safety legislation throughout the Community. It is therefore desirable to include animal health and food safety in products of animal origin in the financing of the information policy in the field of animal protection.
(12) Community measures for the eradication of certain animal diseases already qualify for financial aid from the Community. The provisions concerned include those adopted by way of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle(5); Council Directive 82/400/EEC of 14 June 1982 amending Directive 77/391/EEC and introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle(6); Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever(7); and Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention(8). It is advisable that Community financial contributions which are intended for the eradication of the diseases referred to above continue to be governed by the Decision relating thereto.
(13) Provision should be made for a Community financial measure for the eradication, control and monitoring of certain animal diseases. All Community financial measures for the eradication, control and monitoring of animal diseases and zoonoses which involve compulsory Community budget expenditure should be brought together in one chapter.
(14) It is appropriate that the Commission should manage directly, in view of its nature, the expenditure subject to the funding under the terms of this Decision.
(15) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9),
— specific veterinary measures,
— inspection measures in the veterinary field,
— programmes for the eradication, control and monitoring of animal diseases and zoonoses.
— emergency measures,
— a campaign against foot-and-mouth disease,
— an information policy for animal health, animal welfare and food safety,
— technical and scientific measures,
— a contribution to national schemes for the eradication of certain diseases.
— rinderpest cattle plague,
— sheep and goat plague,
— swine vesicular disease,
— bluetongue,
— Teschen disease,
— sheep pox or goat pox,
— Rift Valley fever,
— lumpy skin disease,
— African horse sickness,
— vesicular stomatitis,
— Venezuelan equine viral encephalomyelitis,
— haemorrhagic disease of deer,
— classical swine fever,
— African swine fever,
— contagious bovine pleuropneumonia,
— epizootic haematopoietic necrosis in fish (EHN),
— epizootic ulcerative syndrome in fish (EUS),
— infection withBonamia exitiosa,
— infection withPerkinsus marinus,
— infection withMicrocytos mackini,
— Taura syndrome in crustaceans,
— yellowhead disease in crustaceans.
— the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,
— the destruction of contaminated feedingstuffs and contaminated equipment, where the latter cannot be disinfected in accordance with the third indent,
— the cleaning, disinsectisation and disinfection of the holding and of the equipment on the holding,
— the establishment of protection zones,
— the imposition of suitable measures to prevent the risk of the spread of infection,
— the establishment of a waiting period to be observed after slaughter before re-stocking of the holding,
— swift and adequate compensation of the livestock farmers.
— 50 % of the costs incurred by the Member State in compensating owners for the slaughter and destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment and for the destruction of the contaminated feedingstuffs and contaminated equipment referred to in the second indent of paragraph 2,
— where vaccination has been decided upon in accordance with paragraph 5, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
— 50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds and the value of the eggs destroyed,
— 50 % of the costs incurred by the Member State for the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected,
— where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
(a) compensating owners for:(i)the slaughter and destruction of animals;(ii)the destruction of milk;(iii)the cleaning and disinfection of holdings;(iv)the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;(v)losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC; (i) the slaughter and destruction of animals; (ii) the destruction of milk; (iii) the cleaning and disinfection of holdings; (iv) the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment; (v) losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(i) the slaughter and destruction of animals;
(ii) the destruction of milk;
(iii) the cleaning and disinfection of holdings;
(iv) the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;
(v) losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(i) the slaughter and destruction of animals;
(ii) the destruction of milk;
(iii) the cleaning and disinfection of holdings;
(iv) the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;
(v) losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(b) where applicable, the transport of carcases to processing plants;
(c) any other measures which are essential for the eradication of the outbreak of the disease.
(a) the installation and development of information tools, including an appropriate database for:(i)gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;(ii)disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate; (i) gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin; (ii) disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
(i) gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;
(ii) disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
(i) gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;
(ii) disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
(b) the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.
(a) a description of the epidemiological situation of the disease before the date of the beginning of the programme;
(b) a description and demarcation of the geographical and administrative areas in which the programme is to be applied;
(c) the likely duration of the programme, the measures to be applied and the objective to be attained by the completion date of the programme;
(d) an analysis of the estimated costs and the anticipated benefits of the programme.
(a) the programmes, where appropriate amended to take account of the assessment provided for in paragraph 4 of this Article;
(b) the level of the Community financial contribution;
(c) the upper limit of the Community financial contribution;
(d) any conditions to which the Community financial contribution may be subject.
(a) intermediate technical and financial reports;
(b) by 30 April each year at the latest, an annual detailed technical report including the assessment of the results achieved and a detailed account of expenditure incurred for the previous year.
(a) the rate of aid shall be in accordance with the rate laid down in Regulation (EC) No 1198/2006;
(b) paragraph 8 of this Article shall not apply.
— granting financial aid to liaison and reference laboratories,
— making a financial contribution towards carrying out inspections aimed at the prevention of zoonoses,
— making a financial contribution towards implementing the inspection strategy required for the functioning of the internal market.
(a) intra-Community trade in and imports of live animals and products of animal origin;
(b) hosting, management and maintenance of integrated computerised veterinary systems, including interfaces with national databases, where appropriate.
— Bovine tuberculosis,
— Bovine brucellosis,
— Ovine and caprine brucellosis (B. melitensis),
— Bluetongue in endemic or high risk areas,
— African swine fever,
— Swine vesicular disease,
— Classical swine fever,
— Anthrax,
— Contagious bovine pleuropneumonia,
— Avian influenza,
— Rabies,
— Echinococcosis,
— Transmissible spongiform encephalopathies (TSE),
— Campylobacteriosis,
— Listeriosis,
— Salmonellosis (zoonotic salmonella),
— Trichinellosis,
— VerotoxigenicE. coli,
— Viral haemorrhagic septicaemia (VHS),
— Infectious haematopoietic necrosis (IHN),
— Koi herpes virus disease (KHV),
— Infectious salmon anaemia (ISA),
— Infection withMarteilia refringens,
— Infection withBonamia ostreae,
— White spot disease in crustaceans.
Council Decision 90/424/EEC(OJ L 224, 18.8.1990, p. 19)
Council Decision 91/133/EEC(OJ L 66, 13.3.1991, p. 18)
Council Regulation (EEC) No 3763/91(OJ L 356, 24.12.1991, p. 1) Only Article 10(1)
Council Decision 92/337/EEC(OJ L 187, 7.7.1992, p. 45)
Council Decision 92/438/EEC(OJ L 243, 25.8.1992, p. 27) Only Article 11
Council Directive 92/117/EEC(OJ L 62, 15.3.1993, p. 38) Only Article 9(2)
Council Directive 92/119/EEC(OJ L 62, 15.3.1993, p. 69) Only Article 23(2)
Commission Decision 93/439/EEC(OJ L 203, 13.8.1993, p. 34)
Commission Decision 94/77/EC(OJ L 36, 8.2.1994, p. 15)
Council Decision 94/370/EC(OJ L 168, 2.7.1994, p. 31)
Council Regulation (EC) No 1258/1999(OJ L 160, 26.6.1999, p. 103) Only Article 17
Council Decision 2001/12/EC(OJ L 3, 6.1.2001, p. 27)
Council Decision 2001/572/EC(OJ L 203, 28.7.2001, p. 16)
Council Regulation (EC) No 806/2003(OJ L 122, 16.5.2003, p. 1) Only point 9 of Annex III
Directive 2003/99/EC of the European Parliament and of the Council(OJ L 325, 12.12.2003, p. 31) Only Article 16
Council Decision 2006/53/EC(OJ L 29, 2.2.2006, p. 37)
Council Decision 2006/782/EC(OJ L 328, 24.11.2006, p. 57)
Council Regulation (EC) No 1791/2006(OJ L 363, 20.12.2006, p. 1) Only as regards the reference to Decision 90/424/EEC in the second indent of Article 1(2) and point 3 of Part 5B(I) in the Annex
Council Decision 2006/965/EC(OJ L 397, 30.12.2006, p. 22) Only Article 1
Commission Decision 2008/685/EC(OJ L 224, 22.8.2008, p. 11)
Decision 90/424/EEC This Decision
Articles 1 and 2 Articles 1 and 2
Article 3(1) and (2) Article 3(1) and (2)
Article 3(2a) Article 3(3)
Article 3(3) Article 3(4)
Article 3(4) Article 3(5)
Article 3(5) Article 3(6)
Article 3a Article 4
Article 3b Article 5
Article 4 Article 6
Article 5 Article 7
Article 6 Article 8
Article 7 Article 9
Article 8 Article 10
Article 9 Article 11
Article 10 Article 12
Article 10a Article 13
Article 11(1) to (5) Article 14(1) to (5)
Article 11(6) —
Article 12 Article 15
Article 13 Article 16
Article 14 Article 17
Article 15 Article 18
Article 16 Article 19
Article 17 Article 20
Article 18 Article 21
Article 19 Article 22
Article 20 Article 23
Article 21 Article 24
Article 22(1) Article 25
Article 22(2) —
Article 23(1) Article 26(1)
Article 23(2) —
Article 23(3) Article 26(2)
Article 23(4) —
Article 24 Article 27
Article 25(1) and (2) Article 28(1) and (2)
Article 25(3) —
Article 25(4) —
Article 26 Article 29
Article 27 Article 30
Article 28 Article 31
Article 34 Article 32
Article 35 Article 33
Article 36 Article 34
Article 37 Article 35
Article 37a Article 36
Article 38 Article 37
Article 39 Article 38
Article 40a Article 39
Article 41(1) Article 40(1)
Article 41(2) Article 40(2)
Article 42(1) —
Article 42(2) Article 40(3)
Article 41(3) Article 40(4)
Article 43(1) —
Article 43(2) —
Article 43a Article 41
— Article 42
Article 44 Article 43
Annex Annex I
— Annex II
— Annex III
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament(1),
(1) Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(2)has been substantially amended several times(3). In the interests of clarity and rationality the said Decision should be codified.
(2) Live animals and products of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of products of animal origin constitute a source of income for a large part of the agricultural population.
(3) The rational development of that sector and an improvement in its productivity may be achieved by the initiation of veterinary measures aimed at protecting and raising the level of public and animal health in the Community.
(4) The pursuit of that objective necessitates the provision of Community aid for actions undertaken or intended to be undertaken.
(5) The Community should make a financial contribution towards the eradication, as quickly as possible, of any outbreak of a serious infectious disease.
(6) It is also necessary to prevent and reduce, by appropriate control measures, the appearance of zoonoses which pose a threat to human health.
(7) In the light of the adoption of Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(4), Community financial contributions should also be granted for eradication measures carried out by the Member States to combat other diseases in aquaculture animals, subject to Community control provisions.
(8) Community financial contributions for disease control purposes in aquaculture animals should be subject to scrutiny regarding compliance with the control provisions laid down in Directive 2006/88/EC, in accordance with the same procedures as those that apply for such scrutiny and control for certain terrestrial animal diseases.
(9) The functioning of the internal market requires a control strategy that postulates a harmonised control system for products coming from third countries. It seems appropriate to facilitate the implementation of that strategy by providing for a Community financial contribution towards the initiation and the development of this strategy.
(10) The harmonisation of essential requirements concerning the protection of public health, the protection of animal health and the protection of animals presupposes the designation of Community liaison and reference laboratories and the undertaking of technical and scientific actions. It seems appropriate to provide for a Community financial contribution. In the field of animal protection in particular, it is desirable to create a database to gather, store and disseminate any information necessary.
(11) Information gathering activities are necessary to allow better development and implementation of legislation in the fields of animal health and food safety. In addition, there is a pressing need to disseminate as widely as possible information regarding animal health and food safety legislation throughout the Community. It is therefore desirable to include animal health and food safety in products of animal origin in the financing of the information policy in the field of animal protection.
(12) Community measures for the eradication of certain animal diseases already qualify for financial aid from the Community. The provisions concerned include those adopted by way of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle(5); Council Directive 82/400/EEC of 14 June 1982 amending Directive 77/391/EEC and introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle(6); Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever(7); and Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention(8). It is advisable that Community financial contributions which are intended for the eradication of the diseases referred to above continue to be governed by the Decision relating thereto.
(13) Provision should be made for a Community financial measure for the eradication, control and monitoring of certain animal diseases. All Community financial measures for the eradication, control and monitoring of animal diseases and zoonoses which involve compulsory Community budget expenditure should be brought together in one chapter.
(14) It is appropriate that the Commission should manage directly, in view of its nature, the expenditure subject to the funding under the terms of this Decision.
(15) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9),
HAS ADOPTED THIS DECISION:

Article 1
This Decision lays down the procedures governing the Community financial contribution towards:
—
specific veterinary measures,
—
inspection measures in the veterinary field,
—
programmes for the eradication, control and monitoring of animal diseases and zoonoses.
This Decision shall not affect the option enjoyed by certain Member States of being eligible for a Community financial contribution of more than 50 % under Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund(10).

Article 2
Specific veterinary measures shall include:
—
emergency measures,
—
a campaign against foot-and-mouth disease,
—
an information policy for animal health, animal welfare and food safety,
—
technical and scientific measures,
—
a contribution to national schemes for the eradication of certain diseases.

Article 3
1. This Article shall apply in the event of the occurrence of one of the following diseases in the territory of a Member State:
—
rinderpest cattle plague,
—
sheep and goat plague,
—
swine vesicular disease,
—
bluetongue,
—
Teschen disease,
—
sheep pox or goat pox,
—
Rift Valley fever,
—
lumpy skin disease,
—
African horse sickness,
—
vesicular stomatitis,
—
Venezuelan equine viral encephalomyelitis,
—
haemorrhagic disease of deer,
—
classical swine fever,
—
African swine fever,
—
contagious bovine pleuropneumonia,
—
epizootic haematopoietic necrosis in fish (EHN),
—
epizootic ulcerative syndrome in fish (EUS),
—
infection withBonamia exitiosa,
—
infection withPerkinsus marinus,
—
infection withMicrocytos mackini,
—
Taura syndrome in crustaceans,
—
yellowhead disease in crustaceans.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of the disease, on condition that the measures applied immediately comprise at least the isolation of the holding from the time of suspicion and, following official confirmation of the disease:
—
the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,
—
the destruction of contaminated feedingstuffs and contaminated equipment, where the latter cannot be disinfected in accordance with the third indent,
—
the cleaning, disinsectisation and disinfection of the holding and of the equipment on the holding,
—
the establishment of protection zones,
—
the imposition of suitable measures to prevent the risk of the spread of infection,
—
the establishment of a waiting period to be observed after slaughter before re-stocking of the holding,
—
swift and adequate compensation of the livestock farmers.
3. The Member State concerned shall also qualify for a Community financial contribution where, on the outbreak of one of the diseases listed in paragraph 1, two or more Member States collaborate closely to control the epidemic, particularly in carrying out an epidemiological survey and disease surveillance measures. Without prejudice to the measures provided for under the common organisation of markets concerned, the specific Community financial contribution shall be decided on in accordance with the procedure referred to in Article 40(2).
4. The Member State concerned shall, without delay, inform the Commission and the other Member States of the measures applied in accordance with Community legislation on notification and eradication and the results thereof. The situation shall be examined as soon as possible within the Committee referred to in Article 40(1) (hereinafter referred to as the Committee). The specific Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2), without prejudice to the measures provided for in the context of the common organisation of markets concerned.
5. If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 4, a new decision concerning the Community financial contribution, which might exceed the figure of 50 % laid down in the first indent of paragraph 6, may be adopted in accordance with the procedure referred to in Article 40(2). When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those provided for in paragraph 2 of this Article.
6. Without prejudice to market support measures to be taken as part of the common organisation of markets, the Community financial contribution, divided if necessary into several tranches, shall be:
—
50 % of the costs incurred by the Member State in compensating owners for the slaughter and destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment and for the destruction of the contaminated feedingstuffs and contaminated equipment referred to in the second indent of paragraph 2,
—
where vaccination has been decided upon in accordance with paragraph 5, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.

Article 4
1. This Article and Article 3(4) and (5) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza(11)have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately.
3. The Community financial contribution, divided if necessary into several tranches, shall be:
—
50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds and the value of the eggs destroyed,
—
50 % of the costs incurred by the Member State for the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected,
—
where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.

Article 5
Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund(12)for the eradication of the exotic diseases in aquaculture animals listed in Article 3(1) of this Decision, under the procedures laid down in Article 3(4), (5) and (6) of this Decision, provided that the minimum control and eradication measures laid down in Section 3 of Chapter V of Directive 2006/88/EC are complied with.

Article 6
1. Article 3 shall apply where the control of grave health risks for the Community is involved, which are caused by the diseases listed in Article 3(1), even if the territory where the disease occurs is subject to an eradication programme in accordance with Article 27.
2. Article 3 shall apply in the event of the occurrence of Newcastle disease in the territory of a Member State.
However, except where the Commission takes a decision in accordance with the procedure referred to in Article 40(2), authorising, on certain conditions and for a limited period and a limited area, recourse to vaccination, no Community financial contribution shall be granted for the supply of the vaccine or the carrying out of the vaccination.
3. The provisions of Article 3, with the exception of the fourth indent of paragraph 2 and the second indent of paragraph 6, shall apply when a zoonosis listed in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents(13)occurs, provided that this occurrence poses an immediate risk to human health. This condition shall be fulfilled when the decision provided for in Article 3(4) of this Decision is taken.

Article 7
1. In accordance with the procedure referred to in Article 40(2), the Commission, at the request of a Member State, shall add to the list in Article 3(1) an exotic disease for which a declaration is mandatory and which is likely to constitute a danger for the Community.
2. In accordance with the procedure referred to in Article 40(2), the list in Article 3(1) may be supplemented in line with developments in the situation, to include diseases which must be notified in accordance with Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community(14)and diseases which can be transmitted to aquaculture animals. The list may also be amended or shortened to take account of progress made with the measures decided at Community level to control certain diseases.
3. Article 3(2) may be supplemented or amended in accordance with the procedure referred to in Article 40(2), in particular to take account of the inclusion of new diseases in the list in Article 3(1), of experience acquired or of the adoption of Community provisions concerning disease control.

Article 8
1. Where a Member State is directly threatened by the occurrence or the development, in the territory of a third country or Member State, of one of the diseases referred to in Articles 3(1), 4(1), 6(1) and (2) or 14(1) or in Annex I, it shall inform the Commission and the other Member States of the measures which it intends to adopt for its protection.
2. As soon as possible, the situation shall be examined within the Committee. In accordance with the procedure referred to in Article 40(2), it may be decided to adopt any measures appropriate to the situation including, in particular, the establishment of a vaccination buffer zone, and to grant a Community financial contribution towards the measures deemed particularly necessary for the success of the action undertaken.
3. The decision referred to in paragraph 2 shall set out the eligible costs and the level of the Community financial contribution.

Article 9
1. The Community may decide, at the request of a Member State, that the Member States must establish stocks of biological products intended for the control of the diseases referred to in Articles 3(1), 4(1), 6(1) (vaccines, standardised virus serotypes, diagnostic sera) and, without prejudice to the decision provided for in Article 69(1) of Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease(15), Article 14(1) of this Decision.
2. The action referred to in paragraph 1, and the rules for its implementation, particularly concerning the choice, production, storage, transport and use of such stocks, and the level of the Community financial contribution, shall be decided in accordance with the procedure referred to in Article 40(2).

Article 10
1. If the occurrence or the development in a third country of one of the diseases referred to in Articles 3(1), 4(1), 6(1), 7(1) or 14(1) may constitute a danger to the Community, the Community may give its support to control measures against that disease by supplying a vaccine or by financing the acquisition of vaccine.
2. The action referred to in paragraph 1, the rules for its implementation, the conditions to which it may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).

Article 11
1. The Commission shall carry out, with the cooperation of the national competent authorities, on-the-spot checks to ensure, from a veterinary point of view, that the measures adopted have been applied.
2. Member States shall take all necessary steps to facilitate the checks referred to in paragraph 1, and shall, in particular, ensure that the experts have access to all information and documents necessary for assessing whether the measures have been carried out.
3. General rules for the application of this Article, particularly concerning the frequency and methods of carrying out the checks referred to in paragraph 1, the appointment of veterinary experts and the procedure which they must follow in drawing up their report, shall be adopted in accordance with the procedure referred to in Article 40(2).

Article 12
The appropriations required for measures referred to in this section shall be decided each year as part of the budgetary procedure.

Article 13
The Community financial contribution shall not be granted where the total amount of the measure is less than EUR 10 000.

Article 14
1. This Article shall apply in the event of the occurrence of foot-and-mouth disease in the territory of a Member State.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of foot-and-mouth disease, on condition that the measures provided for in Article 3(2) and the appropriate provisions of Directive 2003/85/EC, are applied immediately.
3. Article 3(4) shall apply.
4. Without prejudice to the measures to be taken in the context of the common organisation of the market to support the market, the specific financial contribution under this Decision shall be equal to 60 % of the costs incurred by the Member State in:
(a)
compensating owners for:
(i)
the slaughter and destruction of animals;
(ii)
the destruction of milk;
(iii)
the cleaning and disinfection of holdings;
(iv)
the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;
(v)
losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(b)
where applicable, the transport of carcases to processing plants;
(c)
any other measures which are essential for the eradication of the outbreak of the disease.
The Commission shall, in accordance with the procedure referred to in Article 40(2), define the nature of the other measures referred to in point (c) of this paragraph which may be eligible for the same Community financial contribution and the cases in which point (a)(v) of this paragraph shall apply.
5. For the first time not later than 45 days after official confirmation of the first outbreak of foot-and-mouth disease, and subsequently as and when required by the turn of events, the situation shall be re-examined within the Committee. This examination shall cover both the veterinary situation and the estimated expenditure already incurred or committed. Following this examination, a new decision concerning the Community financial contribution, which may exceed the figure of 60 % laid down in paragraph 4, may be adopted in accordance with the procedure referred to in Article 40(3). This decision shall set out the eligible costs and the level of the Community financial contribution. In addition, when this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted, in particular measures other than those referred to in paragraph 2 of this Article.

Article 15
Any measure decided by the Community to assist the campaign against foot-and-mouth disease outside the Community, in particular measures taken pursuant to Articles 8 and 10, may receive a Community financial contribution.

Article 16
The measures and the rules for the implementation of the measures referred to in Article 15, the conditions to which they may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(3).

Article 17
Community aid may be granted to the Community reserves of anti-foot-and-mouth disease vaccines established by Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines(16).
The level of Community participation and the conditions to which such participation may be subject shall be determined in accordance with the procedure referred to in Article 40(3).

Article 18
The appropriations required for measures referred to in Articles 15, 16 and 17 shall be decided each year as part of the budgetary procedure.
Should a serious outbreak of foot-and-mouth disease necessitate expenditure under the provisions of this section in excess of the appropriations determined in accordance with the first paragraph, the Commission shall take the necessary measures within its existing powers or put forward to the budgetary authority the necessary proposals to ensure that the financial commitments in relation to Article 14 are fulfilled.

Article 19
The Community shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin, including:
(a)
the installation and development of information tools, including an appropriate database for:
(i)
gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;
(ii)
disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
(b)
the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.

Article 20
The measures referred to in Article 19, the rules for their implementation and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).

Article 21
The appropriations required for measures as specified in this section shall be decided each year as part of the budgetary procedure.

Article 22
The Community may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

Article 23
The measures referred to in Article 22, the rules for their implementation and the level of Community financial contribution shall be decided upon in accordance with the procedure referred to in Article 40(2).

Article 24
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.

Article 25
Community financial participation in the eradication of bovine brucellosis, tuberculosis and leucosis shall, without prejudice to the provisions of Article 28(1), be fixed by Directive 77/391/EEC and Directive 82/400/EEC.

Article 26
1. The Community financial contribution towards the eradication of classical swine fever shall be fixed by Decision 80/1096/EEC.
2. The Community financial contribution towards the eradication of ovine brucellosis shall be fixed by Council Decision 90/242/EEC of 21 May 1990 introducing a Community financial measure for the eradication of brucellosis in sheep and goats(17).

Article 27
1. A Community financial measure shall be introduced to reimburse the expenditure incurred by the Member States for the financing of national programmes for the eradication, control and monitoring of the animal diseases and zoonoses listed in Annex I (hereinafter referred to ‘as programmes’).
The list in Annex I may be amended in accordance with the procedure referred to in Article 40(2), in particular with regard to emerging animal diseases which pose a risk to animal health and, indirectly, to public health, or in the light of new epidemiological or scientific evidence.
2. Each year, by 30 April at the latest, Member States shall submit to the Commission the annual or multiannual programmes starting in the following year for which they wish to receive a Community financial contribution.
Programmes submitted after 30 April shall not be eligible for financing the following year.
The programmes submitted by the Member States shall contain at least the following:
(a)
a description of the epidemiological situation of the disease before the date of the beginning of the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied;
(c)
the likely duration of the programme, the measures to be applied and the objective to be attained by the completion date of the programme;
(d)
an analysis of the estimated costs and the anticipated benefits of the programme.
The detailed criteria including those involving more than one Member State shall be adopted in accordance with the procedure referred to in Article 40(2).
In each multiannual programme submitted by a Member State, the information required in accordance with the criteria referred to in this paragraph shall be provided for each year of duration of the programme.
3. The Commission may invite a Member State to submit a multiannual programme or to extend the duration of a submitted annual programme as appropriate where multiannual programming is deemed necessary in order to ensure a more efficient and effective eradication, control and monitoring of a particular disease, in particular with regard to potential threats to animal health and, indirectly, to public health.
The Commission may coordinate the regional programmes involving more than one Member State in cooperation with the Member States concerned.
4. The Commission shall assess the programmes submitted by the Member States from the veterinary and the financial angles.
The Member States shall communicate to the Commission relevant additional information the latter requires for its assessment of the programme.
The period for gathering all the information regarding the programmes shall end on 15 September each year.
5. Each year by 30 November at the latest, the following shall be approved in accordance with the procedure referred to in Article 40(3):
(a)
the programmes, where appropriate amended to take account of the assessment provided for in paragraph 4 of this Article;
(b)
the level of the Community financial contribution;
(c)
the upper limit of the Community financial contribution;
(d)
any conditions to which the Community financial contribution may be subject.
Programmes shall be approved for no longer than six years.
6. Amendments to the programmes shall be approved in accordance with the procedure referred to in Article 40(3).
7. For each approved programme, the Member States shall submit the following reports to the Commission:
(a)
intermediate technical and financial reports;
(b)
by 30 April each year at the latest, an annual detailed technical report including the assessment of the results achieved and a detailed account of expenditure incurred for the previous year.
8. Payment applications relating to the expenditure incurred by a Member State in respect of a given programme for the previous year shall be submitted to the Commission by 30 April at the latest.
In the case of late payment applications, the Community financial contribution shall be reduced by 25 % on 1 June, 50 % on 1 August, 75 % on 1 September and 100 % on 1 October of that year.
By 30 October each year at the latest, the Commission shall decide on the Community payment taking account of the technical and financial reports submitted by the Member State in accordance with paragraph 7.
9. Commission experts may carry out on-the-spot checks in cooperation with the competent authority, in so far as it is necessary to ensure the uniform application of this Decision in accordance with Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(18).
In carrying out such checks, Commission experts may be assisted by a group of experts set up in accordance with the procedure referred to in Article 40(2).
10. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 40(2).
11. Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Regulation (EC) No 1198/2006 for the eradication of the diseases in aquaculture animals referred to in Annex I to this Decision.
Those funds shall be allocated in accordance with the procedures laid down in this Article, with the following adjustments:
(a)
the rate of aid shall be in accordance with the rate laid down in Regulation (EC) No 1198/2006;
(b)
paragraph 8 of this Article shall not apply.
The eradication shall be carried out in accordance with Article 38(1) of Directive 2006/88/EC, or under an eradication programme.

Article 28
1. Notwithstanding Articles 25, 26 and 27, the level of Community financial participation for programmes relating to the diseases referred to in those Articles shall be fixed by the Commission, in accordance with the procedure referred to in Article 40(2), at 50 % of the costs incurred in the Member State by way of compensation for owners for the slaughter of cattle because of the disease concerned.
2. At the request of a Member State, the Commission shall, within the Committee, re-examine the situation with regard to the diseases covered by Articles 25, 26 and 27. This re-examination shall cover both the veterinary situation and the estimate of expenditure already committed or to be committed. Following this re-examination, any new decision on the Community financial contribution, which may be in excess of 50 % of the costs incurred in Member States to compensate owners for slaughtering animals for the disease concerned, shall be adopted in accordance with the procedure referred to in Article 40(3).
When that decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted.

Article 29
The Community budget commitments for the co-financing of the programmes shall be effected annually. The commitments of the expenditure for the multiannual programmes shall be adopted in accordance with Article 76(3) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(19). For multiannual programmes, the first budget commitment shall be made after their approval. Each subsequent commitment shall be made by the Commission on the basis of the decision to grant a contribution referred to in Article 27(5) of this Decision.

Article 30
The Community shall contribute towards improving the efficiency of veterinary inspections by:
—
granting financial aid to liaison and reference laboratories,
—
making a financial contribution towards carrying out inspections aimed at the prevention of zoonoses,
—
making a financial contribution towards implementing the inspection strategy required for the functioning of the internal market.

Article 31
1. Any liaison or reference laboratory designated as such in accordance with Community veterinary legislation and fulfilling the duties and requirements laid down therein, may receive Community aid.
2. Arrangements for granting the aid provided for in paragraph 1, the conditions to which it may be subject and its amount shall be determined in accordance with the procedure referred to in Article 40(2).
3. The appropriations required for the measures provided for in this section shall be decided upon each year as part of the budgetary procedure.

Article 32
1. Each Member State shall draw up a programme for exchanges of officials working in the veterinary sector.
2. Within the Committee, the Commission shall, along with the Member States, coordinate the programmes for exchange.
3. The Member State concerned shall take all the measures necessary for the implementation of the coordinated programmes for exchange.
4. Each year, on the basis of reports by the Member States, the implementation of the programmes for exchange shall be examined within the Committee.
5. Member States shall take account of experience acquired in order to improve and extend the programmes for exchange.
6. Community financial aid may be granted with a view to promoting the smooth operation of programmes for exchange notably through the further training courses referred to in Article 34(1). The level of the Community financial contribution, and any conditions to which it may be subject, shall be determined in accordance with the procedure referred to in Article 40(2).
7. For the purposes of this Article, Articles 23 and 24 shall apply.

Article 33
Article 32(6) and (7) shall apply in respect of programmes established under Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(20)and Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(21)with a view to organising veterinary checks at external frontiers on products introduced into the Community from third countries.

Article 34
1. The Commission may, either directly or through the competent national authorities, organise refresher courses or meetings for personnel in the Member States, in particular, personnel responsible for the veterinary checks referred to in Article 33.
Such refresher courses or meetings may, according to availability, be open, at the request of the competent authorities and after the Commission has agreed, to personnel from third countries which have concluded cooperation agreements with the Community in the field of veterinary checks and to veterinary science graduates to extend their training in the area of Community rules.
2. Arrangements for organising the measures provided for in paragraph 1 and the level of the Community financial contribution shall be established by the Commission in accordance with the procedure referred to in Article 40(2).

Article 35
1. The introduction of systems for identifying animals and notifying diseases under legislation concerning veterinary checks in intra-Community trade in live animals, with a view to the completion of the internal market, may receive Community financial assistance.
2. Arrangements for organising the measure provided for in paragraph 1 and the level of the Community’s financial contribution shall be established by the Commission after consultation of the Committee.

Article 36
1. Community financial contribution may be granted for the computerisation of the veterinary procedures relating to:
(a)
intra-Community trade in and imports of live animals and products of animal origin;
(b)
hosting, management and maintenance of integrated computerised veterinary systems, including interfaces with national databases, where appropriate.
2. Organisational arrangements for financing under paragraph 1 and the level of the Community financial contribution shall be determined in accordance with the procedure referred to in Article 40(2).

Article 37
1. Should a Member State experience, from a structural or geographical point of view, staffing or infrastructure problems in implementing the control strategy brought about by the functioning of the internal market for live animals and products of animal origin, it may, for a transitional period, obtain Community financial assistance which is progressively reduced.
2. The Member State concerned shall submit to the Commission a national programme, accompanied by all the appropriate financial information, designed to improve its control system.
3. For the purposes of this Article, the provisions of Article 27(3) to (11) shall apply.

Article 38
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.

Article 39
Expenditure subject to funding under the terms of this Decision shall be managed directly by the Commission in accordance with Article 148(2) of Regulation (EC, Euratom) No 1605/2002.

Article 40
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(22).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.

Article 41
Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted.

Article 42
Decision 90/424/EEC is repealed.
References to the repealed Decision shall be construed as references to this Decision and be read in accordance with the correlation table set out in Annex III.

Article 43
This Decision is addressed to the Member States.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament(1),
(1) Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(2)has been substantially amended several times(3). In the interests of clarity and rationality the said Decision should be codified.
(2) Live animals and products of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of products of animal origin constitute a source of income for a large part of the agricultural population.
(3) The rational development of that sector and an improvement in its productivity may be achieved by the initiation of veterinary measures aimed at protecting and raising the level of public and animal health in the Community.
(4) The pursuit of that objective necessitates the provision of Community aid for actions undertaken or intended to be undertaken.
(5) The Community should make a financial contribution towards the eradication, as quickly as possible, of any outbreak of a serious infectious disease.
(6) It is also necessary to prevent and reduce, by appropriate control measures, the appearance of zoonoses which pose a threat to human health.
(7) In the light of the adoption of Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(4), Community financial contributions should also be granted for eradication measures carried out by the Member States to combat other diseases in aquaculture animals, subject to Community control provisions.
(8) Community financial contributions for disease control purposes in aquaculture animals should be subject to scrutiny regarding compliance with the control provisions laid down in Directive 2006/88/EC, in accordance with the same procedures as those that apply for such scrutiny and control for certain terrestrial animal diseases.
(9) The functioning of the internal market requires a control strategy that postulates a harmonised control system for products coming from third countries. It seems appropriate to facilitate the implementation of that strategy by providing for a Community financial contribution towards the initiation and the development of this strategy.
(10) The harmonisation of essential requirements concerning the protection of public health, the protection of animal health and the protection of animals presupposes the designation of Community liaison and reference laboratories and the undertaking of technical and scientific actions. It seems appropriate to provide for a Community financial contribution. In the field of animal protection in particular, it is desirable to create a database to gather, store and disseminate any information necessary.
(11) Information gathering activities are necessary to allow better development and implementation of legislation in the fields of animal health and food safety. In addition, there is a pressing need to disseminate as widely as possible information regarding animal health and food safety legislation throughout the Community. It is therefore desirable to include animal health and food safety in products of animal origin in the financing of the information policy in the field of animal protection.
(12) Community measures for the eradication of certain animal diseases already qualify for financial aid from the Community. The provisions concerned include those adopted by way of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle(5); Council Directive 82/400/EEC of 14 June 1982 amending Directive 77/391/EEC and introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle(6); Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever(7); and Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention(8). It is advisable that Community financial contributions which are intended for the eradication of the diseases referred to above continue to be governed by the Decision relating thereto.
(13) Provision should be made for a Community financial measure for the eradication, control and monitoring of certain animal diseases. All Community financial measures for the eradication, control and monitoring of animal diseases and zoonoses which involve compulsory Community budget expenditure should be brought together in one chapter.
(14) It is appropriate that the Commission should manage directly, in view of its nature, the expenditure subject to the funding under the terms of this Decision.
(15) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9),
HAS ADOPTED THIS DECISION:
This Decision lays down the procedures governing the Community financial contribution towards:
—
specific veterinary measures,
—
inspection measures in the veterinary field,
—
programmes for the eradication, control and monitoring of animal diseases and zoonoses.
This Decision shall not affect the option enjoyed by certain Member States of being eligible for a Community financial contribution of more than 50 % under Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund(10).
Specific veterinary measures shall include:
—
emergency measures,
—
a campaign against foot-and-mouth disease,
—
an information policy for animal health, animal welfare and food safety,
—
technical and scientific measures,
—
a contribution to national schemes for the eradication of certain diseases.
1. This Article shall apply in the event of the occurrence of one of the following diseases in the territory of a Member State:
—
rinderpest cattle plague,
—
sheep and goat plague,
—
swine vesicular disease,
—
bluetongue,
—
Teschen disease,
—
sheep pox or goat pox,
—
Rift Valley fever,
—
lumpy skin disease,
—
African horse sickness,
—
vesicular stomatitis,
—
Venezuelan equine viral encephalomyelitis,
—
haemorrhagic disease of deer,
—
classical swine fever,
—
African swine fever,
—
contagious bovine pleuropneumonia,
—
epizootic haematopoietic necrosis in fish (EHN),
—
epizootic ulcerative syndrome in fish (EUS),
—
infection withBonamia exitiosa,
—
infection withPerkinsus marinus,
—
infection withMicrocytos mackini,
—
Taura syndrome in crustaceans,
—
yellowhead disease in crustaceans.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of the disease, on condition that the measures applied immediately comprise at least the isolation of the holding from the time of suspicion and, following official confirmation of the disease:
—
the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,
—
the destruction of contaminated feedingstuffs and contaminated equipment, where the latter cannot be disinfected in accordance with the third indent,
—
the cleaning, disinsectisation and disinfection of the holding and of the equipment on the holding,
—
the establishment of protection zones,
—
the imposition of suitable measures to prevent the risk of the spread of infection,
—
the establishment of a waiting period to be observed after slaughter before re-stocking of the holding,
—
swift and adequate compensation of the livestock farmers.
3. The Member State concerned shall also qualify for a Community financial contribution where, on the outbreak of one of the diseases listed in paragraph 1, two or more Member States collaborate closely to control the epidemic, particularly in carrying out an epidemiological survey and disease surveillance measures. Without prejudice to the measures provided for under the common organisation of markets concerned, the specific Community financial contribution shall be decided on in accordance with the procedure referred to in Article 40(2).
4. The Member State concerned shall, without delay, inform the Commission and the other Member States of the measures applied in accordance with Community legislation on notification and eradication and the results thereof. The situation shall be examined as soon as possible within the Committee referred to in Article 40(1) (hereinafter referred to as the Committee). The specific Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2), without prejudice to the measures provided for in the context of the common organisation of markets concerned.
5. If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 4, a new decision concerning the Community financial contribution, which might exceed the figure of 50 % laid down in the first indent of paragraph 6, may be adopted in accordance with the procedure referred to in Article 40(2). When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those provided for in paragraph 2 of this Article.
6. Without prejudice to market support measures to be taken as part of the common organisation of markets, the Community financial contribution, divided if necessary into several tranches, shall be:
—
50 % of the costs incurred by the Member State in compensating owners for the slaughter and destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment and for the destruction of the contaminated feedingstuffs and contaminated equipment referred to in the second indent of paragraph 2,
—
where vaccination has been decided upon in accordance with paragraph 5, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
1. This Article and Article 3(4) and (5) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza(11)have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately.
3. The Community financial contribution, divided if necessary into several tranches, shall be:
—
50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds and the value of the eggs destroyed,
—
50 % of the costs incurred by the Member State for the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected,
—
where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund(12)for the eradication of the exotic diseases in aquaculture animals listed in Article 3(1) of this Decision, under the procedures laid down in Article 3(4), (5) and (6) of this Decision, provided that the minimum control and eradication measures laid down in Section 3 of Chapter V of Directive 2006/88/EC are complied with.
1. Article 3 shall apply where the control of grave health risks for the Community is involved, which are caused by the diseases listed in Article 3(1), even if the territory where the disease occurs is subject to an eradication programme in accordance with Article 27.
2. Article 3 shall apply in the event of the occurrence of Newcastle disease in the territory of a Member State.
However, except where the Commission takes a decision in accordance with the procedure referred to in Article 40(2), authorising, on certain conditions and for a limited period and a limited area, recourse to vaccination, no Community financial contribution shall be granted for the supply of the vaccine or the carrying out of the vaccination.
3. The provisions of Article 3, with the exception of the fourth indent of paragraph 2 and the second indent of paragraph 6, shall apply when a zoonosis listed in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents(13)occurs, provided that this occurrence poses an immediate risk to human health. This condition shall be fulfilled when the decision provided for in Article 3(4) of this Decision is taken.
1. In accordance with the procedure referred to in Article 40(2), the Commission, at the request of a Member State, shall add to the list in Article 3(1) an exotic disease for which a declaration is mandatory and which is likely to constitute a danger for the Community.
2. In accordance with the procedure referred to in Article 40(2), the list in Article 3(1) may be supplemented in line with developments in the situation, to include diseases which must be notified in accordance with Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community(14)and diseases which can be transmitted to aquaculture animals. The list may also be amended or shortened to take account of progress made with the measures decided at Community level to control certain diseases.
3. Article 3(2) may be supplemented or amended in accordance with the procedure referred to in Article 40(2), in particular to take account of the inclusion of new diseases in the list in Article 3(1), of experience acquired or of the adoption of Community provisions concerning disease control.
1. Where a Member State is directly threatened by the occurrence or the development, in the territory of a third country or Member State, of one of the diseases referred to in Articles 3(1), 4(1), 6(1) and (2) or 14(1) or in Annex I, it shall inform the Commission and the other Member States of the measures which it intends to adopt for its protection.
2. As soon as possible, the situation shall be examined within the Committee. In accordance with the procedure referred to in Article 40(2), it may be decided to adopt any measures appropriate to the situation including, in particular, the establishment of a vaccination buffer zone, and to grant a Community financial contribution towards the measures deemed particularly necessary for the success of the action undertaken.
3. The decision referred to in paragraph 2 shall set out the eligible costs and the level of the Community financial contribution.
1. The Community may decide, at the request of a Member State, that the Member States must establish stocks of biological products intended for the control of the diseases referred to in Articles 3(1), 4(1), 6(1) (vaccines, standardised virus serotypes, diagnostic sera) and, without prejudice to the decision provided for in Article 69(1) of Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease(15), Article 14(1) of this Decision.
2. The action referred to in paragraph 1, and the rules for its implementation, particularly concerning the choice, production, storage, transport and use of such stocks, and the level of the Community financial contribution, shall be decided in accordance with the procedure referred to in Article 40(2).
1. If the occurrence or the development in a third country of one of the diseases referred to in Articles 3(1), 4(1), 6(1), 7(1) or 14(1) may constitute a danger to the Community, the Community may give its support to control measures against that disease by supplying a vaccine or by financing the acquisition of vaccine.
2. The action referred to in paragraph 1, the rules for its implementation, the conditions to which it may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).
1. The Commission shall carry out, with the cooperation of the national competent authorities, on-the-spot checks to ensure, from a veterinary point of view, that the measures adopted have been applied.
2. Member States shall take all necessary steps to facilitate the checks referred to in paragraph 1, and shall, in particular, ensure that the experts have access to all information and documents necessary for assessing whether the measures have been carried out.
3. General rules for the application of this Article, particularly concerning the frequency and methods of carrying out the checks referred to in paragraph 1, the appointment of veterinary experts and the procedure which they must follow in drawing up their report, shall be adopted in accordance with the procedure referred to in Article 40(2).
The appropriations required for measures referred to in this section shall be decided each year as part of the budgetary procedure.
The Community financial contribution shall not be granted where the total amount of the measure is less than EUR 10 000.
1. This Article shall apply in the event of the occurrence of foot-and-mouth disease in the territory of a Member State.
2. The Member State concerned shall obtain a Community financial contribution for the eradication of foot-and-mouth disease, on condition that the measures provided for in Article 3(2) and the appropriate provisions of Directive 2003/85/EC, are applied immediately.
3. Article 3(4) shall apply.
4. Without prejudice to the measures to be taken in the context of the common organisation of the market to support the market, the specific financial contribution under this Decision shall be equal to 60 % of the costs incurred by the Member State in:
(a)
compensating owners for:
(i)
the slaughter and destruction of animals;
(ii)
the destruction of milk;
(iii)
the cleaning and disinfection of holdings;
(iv)
the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;
(v)
losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(b)
where applicable, the transport of carcases to processing plants;
(c)
any other measures which are essential for the eradication of the outbreak of the disease.
The Commission shall, in accordance with the procedure referred to in Article 40(2), define the nature of the other measures referred to in point (c) of this paragraph which may be eligible for the same Community financial contribution and the cases in which point (a)(v) of this paragraph shall apply.
5. For the first time not later than 45 days after official confirmation of the first outbreak of foot-and-mouth disease, and subsequently as and when required by the turn of events, the situation shall be re-examined within the Committee. This examination shall cover both the veterinary situation and the estimated expenditure already incurred or committed. Following this examination, a new decision concerning the Community financial contribution, which may exceed the figure of 60 % laid down in paragraph 4, may be adopted in accordance with the procedure referred to in Article 40(3). This decision shall set out the eligible costs and the level of the Community financial contribution. In addition, when this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted, in particular measures other than those referred to in paragraph 2 of this Article.
Any measure decided by the Community to assist the campaign against foot-and-mouth disease outside the Community, in particular measures taken pursuant to Articles 8 and 10, may receive a Community financial contribution.
The measures and the rules for the implementation of the measures referred to in Article 15, the conditions to which they may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(3).
Community aid may be granted to the Community reserves of anti-foot-and-mouth disease vaccines established by Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines(16).
The level of Community participation and the conditions to which such participation may be subject shall be determined in accordance with the procedure referred to in Article 40(3).
The appropriations required for measures referred to in Articles 15, 16 and 17 shall be decided each year as part of the budgetary procedure.
Should a serious outbreak of foot-and-mouth disease necessitate expenditure under the provisions of this section in excess of the appropriations determined in accordance with the first paragraph, the Commission shall take the necessary measures within its existing powers or put forward to the budgetary authority the necessary proposals to ensure that the financial commitments in relation to Article 14 are fulfilled.
The Community shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin, including:
(a)
the installation and development of information tools, including an appropriate database for:
(i)
gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;
(ii)
disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
(b)
the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.
The measures referred to in Article 19, the rules for their implementation and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).
The appropriations required for measures as specified in this section shall be decided each year as part of the budgetary procedure.
The Community may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.
The measures referred to in Article 22, the rules for their implementation and the level of Community financial contribution shall be decided upon in accordance with the procedure referred to in Article 40(2).
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.
Community financial participation in the eradication of bovine brucellosis, tuberculosis and leucosis shall, without prejudice to the provisions of Article 28(1), be fixed by Directive 77/391/EEC and Directive 82/400/EEC.
1. The Community financial contribution towards the eradication of classical swine fever shall be fixed by Decision 80/1096/EEC.
2. The Community financial contribution towards the eradication of ovine brucellosis shall be fixed by Council Decision 90/242/EEC of 21 May 1990 introducing a Community financial measure for the eradication of brucellosis in sheep and goats(17).
1. A Community financial measure shall be introduced to reimburse the expenditure incurred by the Member States for the financing of national programmes for the eradication, control and monitoring of the animal diseases and zoonoses listed in Annex I (hereinafter referred to ‘as programmes’).
The list in Annex I may be amended in accordance with the procedure referred to in Article 40(2), in particular with regard to emerging animal diseases which pose a risk to animal health and, indirectly, to public health, or in the light of new epidemiological or scientific evidence.
2. Each year, by 30 April at the latest, Member States shall submit to the Commission the annual or multiannual programmes starting in the following year for which they wish to receive a Community financial contribution.
Programmes submitted after 30 April shall not be eligible for financing the following year.
The programmes submitted by the Member States shall contain at least the following:
(a)
a description of the epidemiological situation of the disease before the date of the beginning of the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied;
(c)
the likely duration of the programme, the measures to be applied and the objective to be attained by the completion date of the programme;
(d)
an analysis of the estimated costs and the anticipated benefits of the programme.
The detailed criteria including those involving more than one Member State shall be adopted in accordance with the procedure referred to in Article 40(2).
In each multiannual programme submitted by a Member State, the information required in accordance with the criteria referred to in this paragraph shall be provided for each year of duration of the programme.
3. The Commission may invite a Member State to submit a multiannual programme or to extend the duration of a submitted annual programme as appropriate where multiannual programming is deemed necessary in order to ensure a more efficient and effective eradication, control and monitoring of a particular disease, in particular with regard to potential threats to animal health and, indirectly, to public health.
The Commission may coordinate the regional programmes involving more than one Member State in cooperation with the Member States concerned.
4. The Commission shall assess the programmes submitted by the Member States from the veterinary and the financial angles.
The Member States shall communicate to the Commission relevant additional information the latter requires for its assessment of the programme.
The period for gathering all the information regarding the programmes shall end on 15 September each year.
5. Each year by 30 November at the latest, the following shall be approved in accordance with the procedure referred to in Article 40(3):
(a)
the programmes, where appropriate amended to take account of the assessment provided for in paragraph 4 of this Article;
(b)
the level of the Community financial contribution;
(c)
the upper limit of the Community financial contribution;
(d)
any conditions to which the Community financial contribution may be subject.
Programmes shall be approved for no longer than six years.
6. Amendments to the programmes shall be approved in accordance with the procedure referred to in Article 40(3).
7. For each approved programme, the Member States shall submit the following reports to the Commission:
(a)
intermediate technical and financial reports;
(b)
by 30 April each year at the latest, an annual detailed technical report including the assessment of the results achieved and a detailed account of expenditure incurred for the previous year.
8. Payment applications relating to the expenditure incurred by a Member State in respect of a given programme for the previous year shall be submitted to the Commission by 30 April at the latest.
In the case of late payment applications, the Community financial contribution shall be reduced by 25 % on 1 June, 50 % on 1 August, 75 % on 1 September and 100 % on 1 October of that year.
By 30 October each year at the latest, the Commission shall decide on the Community payment taking account of the technical and financial reports submitted by the Member State in accordance with paragraph 7.
9. Commission experts may carry out on-the-spot checks in cooperation with the competent authority, in so far as it is necessary to ensure the uniform application of this Decision in accordance with Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(18).
In carrying out such checks, Commission experts may be assisted by a group of experts set up in accordance with the procedure referred to in Article 40(2).
10. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 40(2).
11. Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Regulation (EC) No 1198/2006 for the eradication of the diseases in aquaculture animals referred to in Annex I to this Decision.
Those funds shall be allocated in accordance with the procedures laid down in this Article, with the following adjustments:
(a)
the rate of aid shall be in accordance with the rate laid down in Regulation (EC) No 1198/2006;
(b)
paragraph 8 of this Article shall not apply.
The eradication shall be carried out in accordance with Article 38(1) of Directive 2006/88/EC, or under an eradication programme.
1. Notwithstanding Articles 25, 26 and 27, the level of Community financial participation for programmes relating to the diseases referred to in those Articles shall be fixed by the Commission, in accordance with the procedure referred to in Article 40(2), at 50 % of the costs incurred in the Member State by way of compensation for owners for the slaughter of cattle because of the disease concerned.
2. At the request of a Member State, the Commission shall, within the Committee, re-examine the situation with regard to the diseases covered by Articles 25, 26 and 27. This re-examination shall cover both the veterinary situation and the estimate of expenditure already committed or to be committed. Following this re-examination, any new decision on the Community financial contribution, which may be in excess of 50 % of the costs incurred in Member States to compensate owners for slaughtering animals for the disease concerned, shall be adopted in accordance with the procedure referred to in Article 40(3).
When that decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted.
The Community budget commitments for the co-financing of the programmes shall be effected annually. The commitments of the expenditure for the multiannual programmes shall be adopted in accordance with Article 76(3) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(19). For multiannual programmes, the first budget commitment shall be made after their approval. Each subsequent commitment shall be made by the Commission on the basis of the decision to grant a contribution referred to in Article 27(5) of this Decision.
The Community shall contribute towards improving the efficiency of veterinary inspections by:
—
granting financial aid to liaison and reference laboratories,
—
making a financial contribution towards carrying out inspections aimed at the prevention of zoonoses,
—
making a financial contribution towards implementing the inspection strategy required for the functioning of the internal market.
1. Any liaison or reference laboratory designated as such in accordance with Community veterinary legislation and fulfilling the duties and requirements laid down therein, may receive Community aid.
2. Arrangements for granting the aid provided for in paragraph 1, the conditions to which it may be subject and its amount shall be determined in accordance with the procedure referred to in Article 40(2).
3. The appropriations required for the measures provided for in this section shall be decided upon each year as part of the budgetary procedure.
1. Each Member State shall draw up a programme for exchanges of officials working in the veterinary sector.
2. Within the Committee, the Commission shall, along with the Member States, coordinate the programmes for exchange.
3. The Member State concerned shall take all the measures necessary for the implementation of the coordinated programmes for exchange.
4. Each year, on the basis of reports by the Member States, the implementation of the programmes for exchange shall be examined within the Committee.
5. Member States shall take account of experience acquired in order to improve and extend the programmes for exchange.
6. Community financial aid may be granted with a view to promoting the smooth operation of programmes for exchange notably through the further training courses referred to in Article 34(1). The level of the Community financial contribution, and any conditions to which it may be subject, shall be determined in accordance with the procedure referred to in Article 40(2).
7. For the purposes of this Article, Articles 23 and 24 shall apply.
Article 32(6) and (7) shall apply in respect of programmes established under Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(20)and Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(21)with a view to organising veterinary checks at external frontiers on products introduced into the Community from third countries.
1. The Commission may, either directly or through the competent national authorities, organise refresher courses or meetings for personnel in the Member States, in particular, personnel responsible for the veterinary checks referred to in Article 33.
Such refresher courses or meetings may, according to availability, be open, at the request of the competent authorities and after the Commission has agreed, to personnel from third countries which have concluded cooperation agreements with the Community in the field of veterinary checks and to veterinary science graduates to extend their training in the area of Community rules.
2. Arrangements for organising the measures provided for in paragraph 1 and the level of the Community financial contribution shall be established by the Commission in accordance with the procedure referred to in Article 40(2).
1. The introduction of systems for identifying animals and notifying diseases under legislation concerning veterinary checks in intra-Community trade in live animals, with a view to the completion of the internal market, may receive Community financial assistance.
2. Arrangements for organising the measure provided for in paragraph 1 and the level of the Community’s financial contribution shall be established by the Commission after consultation of the Committee.
1. Community financial contribution may be granted for the computerisation of the veterinary procedures relating to:
(a)
intra-Community trade in and imports of live animals and products of animal origin;
(b)
hosting, management and maintenance of integrated computerised veterinary systems, including interfaces with national databases, where appropriate.
2. Organisational arrangements for financing under paragraph 1 and the level of the Community financial contribution shall be determined in accordance with the procedure referred to in Article 40(2).
1. Should a Member State experience, from a structural or geographical point of view, staffing or infrastructure problems in implementing the control strategy brought about by the functioning of the internal market for live animals and products of animal origin, it may, for a transitional period, obtain Community financial assistance which is progressively reduced.
2. The Member State concerned shall submit to the Commission a national programme, accompanied by all the appropriate financial information, designed to improve its control system.
3. For the purposes of this Article, the provisions of Article 27(3) to (11) shall apply.
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.
Expenditure subject to funding under the terms of this Decision shall be managed directly by the Commission in accordance with Article 148(2) of Regulation (EC, Euratom) No 1605/2002.
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(22).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.
Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted.
Decision 90/424/EEC is repealed.
References to the repealed Decision shall be construed as references to this Decision and be read in accordance with the correlation table set out in Annex III.
This Decision is addressed to the Member States.

ANIMAL DISEASES AND ZOONOSES

ANNEX I
— | Bovine tuberculosis,
— | Bovine brucellosis,
— | Ovine and caprine brucellosis (B. melitensis),
— | Bluetongue in endemic or high risk areas,
— | African swine fever,
— | Swine vesicular disease,
— | Classical swine fever,
— | Anthrax,
— | Contagious bovine pleuropneumonia,
— | Avian influenza,
— | Rabies,
— | Echinococcosis,
— | Transmissible spongiform encephalopathies (TSE),
— | Campylobacteriosis,
— | Listeriosis,
— | Salmonellosis (zoonotic salmonella),
— | Trichinellosis,
— | VerotoxigenicE. coli,
— | Viral haemorrhagic septicaemia (VHS),
— | Infectious haematopoietic necrosis (IHN),
— | Koi herpes virus disease (KHV),
— | Infectious salmon anaemia (ISA),
— | Infection withMarteilia refringens,
— | Infection withBonamia ostreae,
— | White spot disease in crustaceans.
ANNEX II
REPEALED DECISION WITH LIST OF ITS SUCCESSIVE AMENDMENTS

Council Decision 90/424/EEC(OJ L 224, 18.8.1990, p. 19) |
Council Decision 91/133/EEC(OJ L 66, 13.3.1991, p. 18) |
Council Regulation (EEC) No 3763/91(OJ L 356, 24.12.1991, p. 1) | Only Article 10(1)
Council Decision 92/337/EEC(OJ L 187, 7.7.1992, p. 45) |
Council Decision 92/438/EEC(OJ L 243, 25.8.1992, p. 27) | Only Article 11
Council Directive 92/117/EEC(OJ L 62, 15.3.1993, p. 38) | Only Article 9(2)
Council Directive 92/119/EEC(OJ L 62, 15.3.1993, p. 69) | Only Article 23(2)
Commission Decision 93/439/EEC(OJ L 203, 13.8.1993, p. 34) |
Commission Decision 94/77/EC(OJ L 36, 8.2.1994, p. 15) |
Council Decision 94/370/EC(OJ L 168, 2.7.1994, p. 31) |
Council Regulation (EC) No 1258/1999(OJ L 160, 26.6.1999, p. 103) | Only Article 17
Council Decision 2001/12/EC(OJ L 3, 6.1.2001, p. 27) |
Council Decision 2001/572/EC(OJ L 203, 28.7.2001, p. 16) |
Council Regulation (EC) No 806/2003(OJ L 122, 16.5.2003, p. 1) | Only point 9 of Annex III
Directive 2003/99/EC of the European Parliament and of the Council(OJ L 325, 12.12.2003, p. 31) | Only Article 16
Council Decision 2006/53/EC(OJ L 29, 2.2.2006, p. 37) |
Council Decision 2006/782/EC(OJ L 328, 24.11.2006, p. 57) |
Council Regulation (EC) No 1791/2006(OJ L 363, 20.12.2006, p. 1) | Only as regards the reference to Decision 90/424/EEC in the second indent of Article 1(2) and point 3 of Part 5B(I) in the Annex
Council Decision 2006/965/EC(OJ L 397, 30.12.2006, p. 22) | Only Article 1
Commission Decision 2008/685/EC(OJ L 224, 22.8.2008, p. 11) |

ANNEX III
CORRELATION TABLE

Decision 90/424/EEC | This Decision
Articles 1 and 2 | Articles 1 and 2
Article 3(1) and (2) | Article 3(1) and (2)
Article 3(2a) | Article 3(3)
Article 3(3) | Article 3(4)
Article 3(4) | Article 3(5)
Article 3(5) | Article 3(6)
Article 3a | Article 4
Article 3b | Article 5
Article 4 | Article 6
Article 5 | Article 7
Article 6 | Article 8
Article 7 | Article 9
Article 8 | Article 10
Article 9 | Article 11
Article 10 | Article 12
Article 10a | Article 13
Article 11(1) to (5) | Article 14(1) to (5)
Article 11(6) | —
Article 12 | Article 15
Article 13 | Article 16
Article 14 | Article 17
Article 15 | Article 18
Article 16 | Article 19
Article 17 | Article 20
Article 18 | Article 21
Article 19 | Article 22
Article 20 | Article 23
Article 21 | Article 24
Article 22(1) | Article 25
Article 22(2) | —
Article 23(1) | Article 26(1)
Article 23(2) | —
Article 23(3) | Article 26(2)
Article 23(4) | —
Article 24 | Article 27
Article 25(1) and (2) | Article 28(1) and (2)
Article 25(3) | —
Article 25(4) | —
Article 26 | Article 29
Article 27 | Article 30
Article 28 | Article 31
Article 34 | Article 32
Article 35 | Article 33
Article 36 | Article 34
Article 37 | Article 35
Article 37a | Article 36
Article 38 | Article 37
Article 39 | Article 38
Article 40a | Article 39
Article 41(1) | Article 40(1)
Article 41(2) | Article 40(2)
Article 42(1) | —
Article 42(2) | Article 40(3)
Article 41(3) | Article 40(4)
Article 43(1) | —
Article 43(2) | —
Article 43a | Article 41
— | Article 42
Article 44 | Article 43
Annex | Annex I
— | Annex II
— | Annex III

Pending: 32009D0336

21.4.2009 EN Official Journal of the European Union L 101/26
(1) By means of Commission Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community action in the fields of education, audiovisual and culture.
(2) Subsequently, the Commission amended the Agency's remit on several occasions, extending it to cover the management of new projects and programmes.
(3) The introduction of new amendments means that, for reasons of clarity, Decision 2005/56/EC has to be replaced by this Decision.
(4) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes.
(5) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on its core activities and functions, which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(6) Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(7) The delegation, to an executive agency, of tasks related to implementation of the programme is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, the project implementation, which can be entrusted to an executive agency.
(8) The setting up of an executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the various programmes nor the delegation of management tasks to national agencies under certain programmes.
(9) A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education and culture is the most advantageous of the options available, both in financial and in non-financial terms.
(10) The programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) is part of the agency's current mandate; this programme expired on 31 December 2008 and was replaced, for the period 1 January 2009 to 31 December 2013, by the Erasmus Mundus action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (hereinafter referred to as Erasmus Mundus II).
(11) An external evaluation completed in February 2009 by the Commission showed that the use of an executive agency was the best solution for managing Erasmus Mundus II. The evaluation therefore recommended that the agency's mandate be extended to include the management of this programme.
(12) Commission Regulation (EC) No 1653/2004(3)establishes a standard financial regulation for executive agencies pursuant to Regulation (EC) No 58/2003.
(13) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies.
(14) Decision 2005/56/EC should be repealed,
1. projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (phare), as provided for in Council Regulation (EEC) No 3906/89(4);
2. the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), approved by Council Decision 95/563/EC(5);
3. the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(6);
4. the second phase of the Community action programme in the field of education ‘Socrates’ (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(7);
5. the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(8);
6. the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(9);
7. the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(10);
8. projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(11);
9. projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(12);
10. projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(13);
11. the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(14);
12. projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(15);
13. projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(16);
14. the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(17);
15. the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(18);
16. the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(19);
17. the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(20);
18. the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(21);
19. the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(22);
20. the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(23);
21. the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(24);
22. projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(25);
23. projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(26);
24. the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(27);
25. the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(28);
26. the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(29);
27. the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(30);
28. the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(31);
29. the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(32);
30. projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(33);
31. projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(34);
32. projects in the field of higher education eligible for funding under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(35);
33. projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(36);
34. projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(37);
35. projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(38)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(39)).
(a) managing, throughout their duration, the projects implementing the Community programmes entrusted to it, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so;
(b) adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts;
(c) gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes;
(d) the implementation, at Community level, of the network of information on education in Europe (Eurydice) for the collection, analysis and dissemination of information and the production of studies and publications.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3(1) thereof,
(1) By means of Commission Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community action in the fields of education, audiovisual and culture.
(2) Subsequently, the Commission amended the Agency’s remit on several occasions, extending it to cover the management of new projects and programmes.
(3) The introduction of new amendments means that, for reasons of clarity, Decision 2005/56/EC has to be replaced by this Decision.
(4) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes.
(5) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on its core activities and functions, which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(6) Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(7) The delegation, to an executive agency, of tasks related to implementation of the programme is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, the project implementation, which can be entrusted to an executive agency.
(8) The setting up of an executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the various programmes nor the delegation of management tasks to national agencies under certain programmes.
(9) A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education and culture is the most advantageous of the options available, both in financial and in non-financial terms.
(10) The programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) is part of the agency’s current mandate; this programme expired on 31 December 2008 and was replaced, for the period 1 January 2009 to 31 December 2013, by the Erasmus Mundus action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (hereinafter referred to as Erasmus Mundus II).
(11) An external evaluation completed in February 2009 by the Commission showed that the use of an executive agency was the best solution for managing Erasmus Mundus II. The evaluation therefore recommended that the agency’s mandate be extended to include the management of this programme.
(12) Commission Regulation (EC) No 1653/2004(3)establishes a standard financial regulation for executive agencies pursuant to Regulation (EC) No 58/2003.
(13) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies.
(14) Decision 2005/56/EC should be repealed,
HAS DECIDED AS FOLLOWS:

Establishment of the Agency
Article 1
1. An executive agency (hereinafter referred to as the Agency) for the management of Community action in the fields of education, audiovisual and culture, the statute and main operating rules of which are laid down in Regulation (EC) No 58/2003, is hereby established.
2. The name of the Agency shall be the ‘Education, Audiovisual and Culture Executive Agency’.

Location
Article 2
The Agency shall be located in Brussels.

Duration
Article 3
The Agency is hereby established for the period beginning on 1 January 2005 and ending on 31 December 2015.

Objectives and tasks
Article 4
1. The Agency is hereby entrusted with the management of certain strands of the following Community programmes:
1.
projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (phare), as provided for in Council Regulation (EEC) No 3906/89(4);
2.
the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), approved by Council Decision 95/563/EC(5);
3.
the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(6);
4.
the second phase of the Community action programme in the field of education ‘Socrates’ (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(7);
5.
the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(8);
6.
the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(9);
7.
the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(10);
8.
projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(11);
9.
projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(12);
10.
projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(13);
11.
the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(14);
12.
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(15);
13.
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(16);
14.
the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(17);
15.
the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(18);
16.
the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(19);
17.
the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(20);
18.
the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(21);
19.
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(22);
20.
the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(23);
21.
the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(24);
22.
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(25);
23.
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(26);
24.
the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(27);
25.
the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(28);
26.
the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(29);
27.
the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(30);
28.
the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(31);
29.
the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(32);
30.
projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(33);
31.
projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(34);
32.
projects in the field of higher education eligible for funding under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(35);
33.
projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(36);
34.
projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(37);
35.
projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(38)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(39)).
2. The Agency shall be responsible for the following tasks for the management of the Community programme strands referred to in paragraph 1:
(a)
managing, throughout their duration, the projects implementing the Community programmes entrusted to it, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so;
(b)
adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts;
(c)
gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes;
(d)
the implementation, at Community level, of the network of information on education in Europe (Eurydice) for the collection, analysis and dissemination of information and the production of studies and publications.
3. The Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies, to carry out tasks of the same type under Community programmes in the fields of education, audiovisual and culture, within the meaning of Article 2 of Regulation (EC) No 58/2003, other than those referred to in paragraph 1.
4. The Commission Decision delegating authority to the Agency shall set out in detail all the tasks entrusted to it and shall be amended should any additional tasks be entrusted to the Agency. It shall be forwarded, for information purposes, to the Committee for Executive Agencies.

Organisational structure
Article 5
1. The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
2. The members of the Steering Committee shall be appointed for two years.
3. The Director of the Agency shall be appointed, in principle, for four years. The term of his or her mandate shall take into account the period envisaged for carrying out the Community programmes whose management is delegated to the Agency.

Grant
Article 6
Without prejudice to any other revenue, the Agency shall receive, for its operation, a grant entered in the General Budget of the European Union and resources from the European Development Fund. This grant and these resources shall be taken from the funds allocated to the programmes referred to in Article 4(1) and, if necessary, from the funds allocated to other Community programmes the implementation of which has been entrusted to the Agency pursuant to Article 4(3).

Supervision and reporting requirement
Article 7
The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget
Article 8
The Agency shall implement its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004.

Repeal
Article 9
Decision 2005/56/EC is hereby repealed.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3(1) thereof,
(1) By means of Commission Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community action in the fields of education, audiovisual and culture.
(2) Subsequently, the Commission amended the Agency’s remit on several occasions, extending it to cover the management of new projects and programmes.
(3) The introduction of new amendments means that, for reasons of clarity, Decision 2005/56/EC has to be replaced by this Decision.
(4) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes.
(5) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on its core activities and functions, which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(6) Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(7) The delegation, to an executive agency, of tasks related to implementation of the programme is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, the project implementation, which can be entrusted to an executive agency.
(8) The setting up of an executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the various programmes nor the delegation of management tasks to national agencies under certain programmes.
(9) A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education and culture is the most advantageous of the options available, both in financial and in non-financial terms.
(10) The programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) is part of the agency’s current mandate; this programme expired on 31 December 2008 and was replaced, for the period 1 January 2009 to 31 December 2013, by the Erasmus Mundus action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (hereinafter referred to as Erasmus Mundus II).
(11) An external evaluation completed in February 2009 by the Commission showed that the use of an executive agency was the best solution for managing Erasmus Mundus II. The evaluation therefore recommended that the agency’s mandate be extended to include the management of this programme.
(12) Commission Regulation (EC) No 1653/2004(3)establishes a standard financial regulation for executive agencies pursuant to Regulation (EC) No 58/2003.
(13) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies.
(14) Decision 2005/56/EC should be repealed,
HAS DECIDED AS FOLLOWS:

Establishment of the Agency

1. An executive agency (hereinafter referred to as the Agency) for the management of Community action in the fields of education, audiovisual and culture, the statute and main operating rules of which are laid down in Regulation (EC) No 58/2003, is hereby established.
2. The name of the Agency shall be the ‘Education, Audiovisual and Culture Executive Agency’.

Location

The Agency shall be located in Brussels.

Duration

The Agency is hereby established for the period beginning on 1 January 2005 and ending on 31 December 2015.

Objectives and tasks

1. The Agency is hereby entrusted with the management of certain strands of the following Community programmes:
1.
projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (phare), as provided for in Council Regulation (EEC) No 3906/89(4);
2.
the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), approved by Council Decision 95/563/EC(5);
3.
the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(6);
4.
the second phase of the Community action programme in the field of education ‘Socrates’ (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(7);
5.
the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(8);
6.
the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(9);
7.
the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(10);
8.
projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(11);
9.
projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(12);
10.
projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(13);
11.
the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(14);
12.
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(15);
13.
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(16);
14.
the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(17);
15.
the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(18);
16.
the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(19);
17.
the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(20);
18.
the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(21);
19.
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(22);
20.
the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(23);
21.
the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(24);
22.
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(25);
23.
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(26);
24.
the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(27);
25.
the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(28);
26.
the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(29);
27.
the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(30);
28.
the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(31);
29.
the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(32);
30.
projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(33);
31.
projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(34);
32.
projects in the field of higher education eligible for funding under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(35);
33.
projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(36);
34.
projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(37);
35.
projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(38)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(39)).
2. The Agency shall be responsible for the following tasks for the management of the Community programme strands referred to in paragraph 1:
(a)
managing, throughout their duration, the projects implementing the Community programmes entrusted to it, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so;
(b)
adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts;
(c)
gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes;
(d)
the implementation, at Community level, of the network of information on education in Europe (Eurydice) for the collection, analysis and dissemination of information and the production of studies and publications.
3. The Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies, to carry out tasks of the same type under Community programmes in the fields of education, audiovisual and culture, within the meaning of Article 2 of Regulation (EC) No 58/2003, other than those referred to in paragraph 1.
4. The Commission Decision delegating authority to the Agency shall set out in detail all the tasks entrusted to it and shall be amended should any additional tasks be entrusted to the Agency. It shall be forwarded, for information purposes, to the Committee for Executive Agencies.

Organisational structure

1. The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
2. The members of the Steering Committee shall be appointed for two years.
3. The Director of the Agency shall be appointed, in principle, for four years. The term of his or her mandate shall take into account the period envisaged for carrying out the Community programmes whose management is delegated to the Agency.

Grant

Without prejudice to any other revenue, the Agency shall receive, for its operation, a grant entered in the General Budget of the European Union and resources from the European Development Fund. This grant and these resources shall be taken from the funds allocated to the programmes referred to in Article 4(1) and, if necessary, from the funds allocated to other Community programmes the implementation of which has been entrusted to the Agency pursuant to Article 4(3).

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004.

Repeal

Decision 2005/56/EC is hereby repealed.

Pending: 32009D0300

28.3.2009 EN Official Journal of the European Union L 82/3
(1) Under Regulation (EC) No 1980/2000 the Community Eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Eco-label criteria, drawn up on the basis of the criteria drafted by the European Union Eco-labelling Board, are to be established according to product groups.
(3) It also provides that the review of Eco-label criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/255/EC of 25 March 2002 establishing the ecological criteria for the award of the Community Eco-label to televisions(2).
(5) In the light of this review, it is appropriate, in order to take account of scientific and market developments, to establish new ecological criteria.
(6) Furthermore, it is appropriate to modify the definition of the product group laid down in that Decision to take account of new technologies.
(7) In the interests of clarity, Decision 2002/255/EC should therefore be replaced. Since the period of validity of the ecological criteria set in that Decision has been prolonged until 31 October 2009, that Decision should be replaced as from 1 November 2009.
(8) The ecological criteria, as well as the related assessment and verification requirements, should be valid until 31 October 2013.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
— reduction of environmental damage or risks related to the use of energy (global warming, acidification, depletion of non-renewable energy sources) by reducing energy consumption,
— reduction of environmental damage related to the use of natural resources,
— reduction of environmental damage related to the use of hazardous substances by reducing the use of such substances,
i. The passive standby consumption of the television shall be ≤ 0,30 W except where the condition in part ii is fulfilled.
ii. For televisions with an easily visible hard off-switch, such that when the switch is operated to the off position, the television’s energy consumption is < 0,01 W, the passive standby consumption of the television shall be ≤ 0,50 W.
— undertaking repairs and replacements of worn-out parts,
— upgrading older or obsolete parts, and
— separating parts and materials, ultimately for recycling.
— Fixtures within the television shall allow for its disassembly, e.g. screws, snap-fixes, especially for parts containing hazardous substances.
— Plastic parts shall be of one polymer or be of compatible polymers for recycling and have the relevant ISO11469 marking if greater than 25 g in mass.
— Metal inlays that cannot be separated shall not be used.
— Data on the nature and amount of hazardous substances in the television shall be gathered in accordance with Council Directive 2006/121/EC(2)and the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).
(a) Cadmium, lead, mercury, chromium 6 + or poly-brominated biphenyl (PBB) or poly-brominated diphenyl ether (PBDE) flame retardants, as listed in Article 4(1) of Directive 2002/95/EC of the European Parliament and of the Council(3), shall not be used in the television unless the applications of those substances are listed in the Annex to that Directive as exempted from the requirements of Article 4(1) of that Directive or unless their maximum concentration value is equal to or lower than the threshold specified in that same Annex. Regarding the Annex, for PBBs and PBDEs, the maximum concentration value shall be < 0,1 %.
(b) Plastic parts shall not contain flame retardant substances, or preparations containing substances, that are assigned or may be assigned, at the time of application, any of the following risk phrases or combinations thereof:—R40 (possible risk of cancer),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R50 (very toxic to aquatic organisms),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long term adverse effects in the aquatic environment),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),as defined in Directive 2006/121/EC. This requirement shall not apply to reactive flame retardants i.e. those which upon use change their properties (i.e. are actually not contained in the final product in a concentration > 0,1 %) such that the identified R-phrases above no longer apply. — R40 (possible risk of cancer), — R45 (may cause cancer), — R46 (may cause heritable genetic damage), — R50 (very toxic to aquatic organisms), — R51 (toxic to aquatic organisms), — R52 (harmful to aquatic organisms), — R53 (may cause long term adverse effects in the aquatic environment), — R60 (may impair fertility), — R61 (may cause harm to the unborn child), — R62 (possible risk of impaired fertility), — R63 (possible risk of harm to the unborn child),
— R40 (possible risk of cancer),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R40 (possible risk of cancer),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R50 (very toxic to aquatic organisms),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long term adverse effects in the aquatic environment),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
(a) The television’s power consumption in the various modes: on, off, passive standby, including information on energy savings possible in different modes.
(b) The television’s average annual energy consumption expressed in kWh, calculated on the basis of the on-mode power consumption, operating 4 hours a day and 365 days a year.
(c) Information that energy efficiency cuts energy consumption and thus saves money by reducing electricity bills.
(d) The following indications on how to reduce power consumption when the television is not being watched:—turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,—using the hard off-switch will reduce energy use to near zero (where one is fitted),—putting the television into standby mode, will reduce energy consumption, but will still draw some power,—reducing the brightness of the screen will reduce energy use. — turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday, — using the hard off-switch will reduce energy use to near zero (where one is fitted), — putting the television into standby mode, will reduce energy consumption, but will still draw some power, — reducing the brightness of the screen will reduce energy use.
— turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,
— using the hard off-switch will reduce energy use to near zero (where one is fitted),
— putting the television into standby mode, will reduce energy consumption, but will still draw some power,
— reducing the brightness of the screen will reduce energy use.
— turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,
— using the hard off-switch will reduce energy use to near zero (where one is fitted),
— putting the television into standby mode, will reduce energy consumption, but will still draw some power,
— reducing the brightness of the screen will reduce energy use.
(e) The position of the hard off-switch (where one is fitted).
(f) Repair information regarding who is qualified to repair televisions, including contact details as appropriate.
(g) End-of-life instructions for the proper disposal of televisions at civic amenity sites or through retailer take-back schemes as applicable, which shall comply with Directive 2002/96/EC of the European Parliament and of the Council(4).
(h) Information that the product has been awarded the flower (the EU Ecolabel) with a brief explanation as to what this means together with an indication that more information on the Ecolabel can be found at the website address http://www.ecolabel.eu
— High energy efficiency,
— Reduced CO2emissions,
— Designed to facilitate repair and recycling.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community Eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Eco-labelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Eco-label criteria, drawn up on the basis of the criteria drafted by the European Union Eco-labelling Board, are to be established according to product groups.
(3) It also provides that the review of Eco-label criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/255/EC of 25 March 2002 establishing the ecological criteria for the award of the Community Eco-label to televisions(2).
(5) In the light of this review, it is appropriate, in order to take account of scientific and market developments, to establish new ecological criteria.
(6) Furthermore, it is appropriate to modify the definition of the product group laid down in that Decision to take account of new technologies.
(7) In the interests of clarity, Decision 2002/255/EC should therefore be replaced. Since the period of validity of the ecological criteria set in that Decision has been prolonged until 31 October 2009, that Decision should be replaced as from 1 November 2009.
(8) The ecological criteria, as well as the related assessment and verification requirements, should be valid until 31 October 2013.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:

Article 1
The product group ‘televisions’ shall comprise:
‘Mains powered electronic equipment, the primary purpose and function of which is to receive, decode and display TV transmission signals.’

Article 2
In order to be awarded the Community Eco-label under Regulation (EC) No 1980/2000, a television must fall within the product group ‘televisions’ and must comply with the criteria set out in the Annex to this Decision.

Article 3
The ecological criteria for the product group ‘televisions’, as well as the related assessment and verification requirements, shall be valid until 31 October 2013.

Article 4
For administrative purposes the code number assigned to televisions shall be ‘022’.

Article 5
Decision 2002/255/EC is repealed.

Article 6
This Decision shall apply from 1 November 2009.

Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community Eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
After consulting the European Union Eco-labelling Board,
(1) Under Regulation (EC) No 1980/2000 the Community Eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific Eco-label criteria, drawn up on the basis of the criteria drafted by the European Union Eco-labelling Board, are to be established according to product groups.
(3) It also provides that the review of Eco-label criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.
(4) Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/255/EC of 25 March 2002 establishing the ecological criteria for the award of the Community Eco-label to televisions(2).
(5) In the light of this review, it is appropriate, in order to take account of scientific and market developments, to establish new ecological criteria.
(6) Furthermore, it is appropriate to modify the definition of the product group laid down in that Decision to take account of new technologies.
(7) In the interests of clarity, Decision 2002/255/EC should therefore be replaced. Since the period of validity of the ecological criteria set in that Decision has been prolonged until 31 October 2009, that Decision should be replaced as from 1 November 2009.
(8) The ecological criteria, as well as the related assessment and verification requirements, should be valid until 31 October 2013.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:
The product group ‘televisions’ shall comprise:
‘Mains powered electronic equipment, the primary purpose and function of which is to receive, decode and display TV transmission signals.’
In order to be awarded the Community Eco-label under Regulation (EC) No 1980/2000, a television must fall within the product group ‘televisions’ and must comply with the criteria set out in the Annex to this Decision.
The ecological criteria for the product group ‘televisions’, as well as the related assessment and verification requirements, shall be valid until 31 October 2013.
For administrative purposes the code number assigned to televisions shall be ‘022’.
Decision 2002/255/EC is repealed.
This Decision shall apply from 1 November 2009.
This Decision is addressed to the Member States.

FRAMEWORK

ANNEXThe aims of the criteriaIn order to be awarded an Ecolabel, the product shall comply with the criteria of this Annex, which are aimed at promoting:

— | reduction of environmental damage or risks related to the use of energy (global warming, acidification, depletion of non-renewable energy sources) by reducing energy consumption,
— | reduction of environmental damage related to the use of natural resources,
— | reduction of environmental damage related to the use of hazardous substances by reducing the use of such substances,Additionally, the criteria encourage the implementation of best practice (optimal environmental use) and enhance consumers’ environmental awareness.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO 14001, when assessing applications and monitoring compliance with the criteria set out in this Annex (note:it is not required to implement such management schemes).
Assessment and verification requirementsThe specific assessment and verification requirements are indicated within each criterion.
Where possible, testing should be performed by appropriately accredited laboratories or laboratories that meet the requirements expressed in standard EN ISO 17025 and are competent to perform the relevant tests.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).
CRITERIA1. Energy savingsa) Passive Standby
| i. | The passive standby consumption of the television shall be ≤ 0,30 W except where the condition in part ii is fulfilled.
| ii. | For televisions with an easily visible hard off-switch, such that when the switch is operated to the off position, the television’s energy consumption is < 0,01 W, the passive standby consumption of the television shall be ≤ 0,50 W.b) Maximum energy consumptionTelevisions shall have energy consumption in on-mode of ≤ 200 W.
c) Energy EfficiencyUntil 31 December 2010, televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,64 · (20 W + A · 4,3224 W/dm2).
From 1 January 2011, until 31 December 2012 televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,51 · (20 W + A · 4,3224 W/dm2).
From 1 January 2013, televisions placed on the market bearing the Ecolabel shall have an on-mode power consumption equal to or lower than 0,41 · (20 W + A · 4,3224 W/dm2).
Where A is the visible screen area(1)expressed in dm2.
Assessment and verification (points a) to c)):the television shall be tested for its on-mode power consumption in its condition as delivered to the customer, according to the revised IEC62087 standard, using the dynamic broadcast video signal (Methods of Measurement for the Power Consumption of Audio, Video and Related Equipment). If the television has a forced menu upon initial start up, the default shall be the setting which is recommended by the manufacturer for normal home use. A test report shall be provided by the applicant to the awarding competent body demonstrating that the television meets the requirements set out in points a) to c).
For meeting the conditions of a) ii), the applicant shall declare that their television complies with the requirement and provide photographic evidence regarding the hard off-switch.
For meeting the conditions of c), the applicant shall demonstrate that any of their Ecolabelled televisions when first placed on the market after the dates shown in the criterion will meet the appropriate energy efficiency criterion. If this cannot be demonstrated the competent body will only issue the Ecolabel licence for the period for which compliance can be demonstrated.
2. Mercury Content of Fluorescent LampsThe total amount of mercury (Hg), in all lamps, per screen, shall be no greater than 75 mg for screens with a visible screen diagonal of up to and including 40 inches (101 cm).
The total amount of mercury (Hg), in all lamps, per screen, shall be no greater than 99 mg for screens with a visible screen diagonal of greater than 40 inches (101 cm).
Assessment and verification:the applicant shall provide a signed declaration that their television complies with these requirements. It shall include documentation on the number of lamps used and the total mercury content of the lamps, from suppliers.
3. Life-time extensionThe manufacturer shall offer a commercial guarantee to ensure that the television will function for at least two years. This guarantee shall be valid from the date of delivery to the customer.
The availability of compatible electronic replacement parts shall be guaranteed for seven years from the time that production ceases.
Assessment and verification:the applicant shall declare the compliance of the product with these requirements.
4. Design for disassemblyThe manufacturer shall demonstrate that the television can be easily dismantled by professionally trained recyclers using the tools usually available to them, for the purpose of:

— | undertaking repairs and replacements of worn-out parts,
— | upgrading older or obsolete parts, and
— | separating parts and materials, ultimately for recycling.To facilitate the dismantling:

— | Fixtures within the television shall allow for its disassembly, e.g. screws, snap-fixes, especially for parts containing hazardous substances.
— | Plastic parts shall be of one polymer or be of compatible polymers for recycling and have the relevant ISO11469 marking if greater than 25 g in mass.
— | Metal inlays that cannot be separated shall not be used.
— | Data on the nature and amount of hazardous substances in the television shall be gathered in accordance with Council Directive 2006/121/EC(2)and the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).Assessment and verification:A test report shall be submitted with the application detailing the dismantling of the television. It shall include an exploded diagram of the television labelling the main components as well as identifying any hazardous substances in components. It can be in written or audiovisual format. Information regarding hazardous substances shall be provided to the awarding competent body in the form of a list of materials identifying material type, quantity used and location.
5. Heavy Metals and Flame Retardants
(a) | Cadmium, lead, mercury, chromium 6 + or poly-brominated biphenyl (PBB) or poly-brominated diphenyl ether (PBDE) flame retardants, as listed in Article 4(1) of Directive 2002/95/EC of the European Parliament and of the Council(3), shall not be used in the television unless the applications of those substances are listed in the Annex to that Directive as exempted from the requirements of Article 4(1) of that Directive or unless their maximum concentration value is equal to or lower than the threshold specified in that same Annex. Regarding the Annex, for PBBs and PBDEs, the maximum concentration value shall be < 0,1 %.
(b) | Plastic parts shall not contain flame retardant substances, or preparations containing substances, that are assigned or may be assigned, at the time of application, any of the following risk phrases or combinations thereof:—R40 (possible risk of cancer),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R50 (very toxic to aquatic organisms),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long term adverse effects in the aquatic environment),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),as defined in Directive 2006/121/EC. This requirement shall not apply to reactive flame retardants i.e. those which upon use change their properties (i.e. are actually not contained in the final product in a concentration > 0,1 %) such that the identified R-phrases above no longer apply. | — | R40 (possible risk of cancer), | — | R45 (may cause cancer), | — | R46 (may cause heritable genetic damage), | — | R50 (very toxic to aquatic organisms), | — | R51 (toxic to aquatic organisms), | — | R52 (harmful to aquatic organisms), | — | R53 (may cause long term adverse effects in the aquatic environment), | — | R60 (may impair fertility), | — | R61 (may cause harm to the unborn child), | — | R62 (possible risk of impaired fertility), | — | R63 (possible risk of harm to the unborn child),
— | R40 (possible risk of cancer),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R50 (very toxic to aquatic organisms),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long term adverse effects in the aquatic environment),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),Assessment and verification:A certificate signed by the television manufacturer declaring compliance with these requirements shall be submitted to the awarding competent body. A declaration of compliance signed by the plastic and flame retardant suppliers and copies of relevant safety data sheets about materials and substances shall also be provided to the awarding competent body. All flame retardants used shall be clearly indicated.
6. User instructionsThe television shall be sold with relevant user information that provides advice on its proper environmental use. The information shall be located in a single, easy-to-find place in the user instructions as well as on the manufacturer’s website. The information will include in particular:

(a) | The television’s power consumption in the various modes: on, off, passive standby, including information on energy savings possible in different modes.
(b) | The television’s average annual energy consumption expressed in kWh, calculated on the basis of the on-mode power consumption, operating 4 hours a day and 365 days a year.
(c) | Information that energy efficiency cuts energy consumption and thus saves money by reducing electricity bills.
(d) | The following indications on how to reduce power consumption when the television is not being watched:—turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,—using the hard off-switch will reduce energy use to near zero (where one is fitted),—putting the television into standby mode, will reduce energy consumption, but will still draw some power,—reducing the brightness of the screen will reduce energy use. | — | turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday, | — | using the hard off-switch will reduce energy use to near zero (where one is fitted), | — | putting the television into standby mode, will reduce energy consumption, but will still draw some power, | — | reducing the brightness of the screen will reduce energy use.
— | turning the television off at its mains supply, or un-plugging it, will cut energy use to zero for all televisions, and is recommended when the television is not being used for a long time, e.g. when on holiday,
— | using the hard off-switch will reduce energy use to near zero (where one is fitted),
— | putting the television into standby mode, will reduce energy consumption, but will still draw some power,
— | reducing the brightness of the screen will reduce energy use.
(e) | The position of the hard off-switch (where one is fitted).
(f) | Repair information regarding who is qualified to repair televisions, including contact details as appropriate.
(g) | End-of-life instructions for the proper disposal of televisions at civic amenity sites or through retailer take-back schemes as applicable, which shall comply with Directive 2002/96/EC of the European Parliament and of the Council(4).
(h) | Information that the product has been awarded the flower (the EU Ecolabel) with a brief explanation as to what this means together with an indication that more information on the Ecolabel can be found at the website address http://www.ecolabel.euAssessment and verification:The applicant shall declare compliance of the product with these requirements and shall provide a copy of the instruction manual to the competent body assessing the application.
7. Information appearing on the EcolabelBox 2 of the Ecolabel shall include the following text:

— | High energy efficiency,
— | Reduced CO2emissions,
— | Designed to facilitate repair and recycling.Assessment and Verification:The applicant shall declare the compliance of the product with this requirement, and shall provide a copy of the Ecolabel as it appears on the packaging and/or product and/or accompanying documentation to the awarding competent body.

(1) Screen Area: This is the area of the screen in dm2. It is equal to [screen size × screen size × 0,480] for a standard screen (4:3 aspect ratio) and [screen size × screen size × 0,427] for a wide screen (16:9 aspect ratio).
(2)
OJ L 396, 30.12.2006, p. 850. Corrected by OJ L 136, 29.5.2007, p. 281.
(3)
OJ L 37, 13.2.2003, p. 19.
(4)
OJ L 37, 13.2.2003, p. 24.

Pending: 32009D0151

21.2.2009 EN Official Journal of the European Union L 50/45
(1) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(2)establishes the sanitary conditions for the importation into the Community of live animals excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations.
(2) Decision 79/542/EEC provides that imports of fresh meat intended for human consumption are only allowed if such meat comes from a territory of a third country or a part thereof listed in Part 1 of Annex II to that Decision, and the fresh meat meets the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of that Annex, taking into account any specific conditions or supplementary guarantees required for the meat.
(3) Botswana is listed in Part 1 of Annex II to Decision 79/542/EEC and has been divided into different territories, mainly according to their animal health status. Those territories are authorised to export to the Community de-boned and matured fresh meat of domestic bovine animals, of domestic sheep and goats, and of certain farmed and wild non-domestic animals (fresh meat).
(4) On 20 October 2008, an outbreak of foot-and-mouth disease was suspected in a farm located in the district of Ghanzi, situated in the veterinary disease control zone 12 of Botswana. As soon as the outbreak was confirmed, the competent authority in Botswana suspended exports of fresh meat to the Community from the whole of the country.
(5) In view of these circumstances, imports into the Community of fresh meat from the veterinary disease control zone 12 of Botswana was no longer authorised by Decision 79/542/EEC, as amended by Commission Decision 2009/4/EC(3).
(6) Considering that the competent authority in Botswana has now provided sufficient guarantees regarding the measures put in place to control the spread of the disease which have been effective in eliminating infection of foot-and-mouth disease it is appropriate to re-instate veterinary disease control zone 12 thereby once again allowing exports of fresh meat into the Community from that zone.
(7) Part 1 of Annex II to Decision 79/542/EEC should therefore be amended accordingly.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Country Code of Territory Description of territory Veterinary certificate Specific conditions Closing date(1) Opening date(2)
Model(s) SG
1 2 3 4 5 6 7 8
AL — Albania AL-0 Whole country —
AR — Argentina AR-0 Whole country EQU
AR-1 The provinces of: Buenos Aires, Catamarca, Corrientes (except the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar), Entre Ríos, La Rioja, Mendoza, Misiones, part of Neuquén (excluding territory included in AR-4), part of Río Negro (excluding territory included in AR-4), San Juan, San Luis, Santa Fe, Tucuman, Cordoba, La Pampa, Santiago del Estero, Chaco Formosa, Jujuy and Salta, excluding the buffer area of 25 km from the border with Bolivia and Paraguay that extends from the Santa Catalina District in the Province of Jujuy, to the Laishi District in the Province of Formosa BOV A 1 18 March 2005
RUF A 1 1 December 2007
AR-2 Chubut, Santa Cruz and Tierra del Fuego BOV, OVI, RUW, RUF 1 March 2002
AR-3 Corrientes: the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar BOVRUF A 1 1 December 2007
AR-4 Part of Río Negro (except: in Avellaneda the zone located north of the Provincial road 7 and east of the Provincial road 250, in Conesa the zone located east of the Provincial road 2, in El Cuy the zone located north of the Provincial road 7 from its intersection with the Provincial road 66 to the border with the Department of Avellaneda, and in San Antonio the zone located east of the Provincial roads 250 and 2),part of Neuquén (except in Confluencia the zone located east of the Provincial road 17, and in Picun Leufú the zone located east of the Provincial road 17) BOV, OVI, RUW, RUF 1 August 2008
AU — Australia AU-0 Whole country BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW
BA — Bosnia and Herzegovina BA-0 Whole country —
BH — Bahrain BH-0 Whole country —
BR — Brazil BR-0 Whole country EQU
BR-1 State of Minas Gerais, State of Espírito Santo, State of Goiás, State of Mato Grosso, State of Rio Grande Do Sul, State of Mato Grosso Do Sul (except for the designated high surveillance zone of 15 km from the external borders in the municipalities of Porto Mutinho, Caracol, Bela Vista, Antônio João, Ponta Porã, Aral Moreira, Coronel Sapucaia, Paranhos, Sete Quedas, Japora’, and Mundo Novo and the designated high surveillance zone in the municipalities of Corumbá and Ladário) BOV A and H 1 1 December 2008
BR-2 State of Santa Catarina BOV A and H 1 31 January 2008
BR-3 States of Paraná and São Paulo BOV A and H 1 1 August 2008
BW — Botswana BW-0 Whole country EQU, EQW
BW-1 The veterinary disease control zones 3c, 4b, 5, 6, 8, 9 and 18 BOV, OVI, RUF, RUW F 1 1 December 2007
BW-2 The veterinary disease control zones 10, 11, 13 and 14 BOV, OVI, RUF, RUW F 1 7 March 2002
BW-3 The veterinary disease control zone 12 BOV, OVI, RUF, RUW F 1 20 October 2008 20 January 2009
BY — Belarus BY-0 Whole country —
BZ — Belize BZ-0 Whole country BOV, EQU
CA — Canada CA-0 Whole country BOV, OVI, POR, EQU, SUF, SUW RUF, RUW G
CH — Switzerland CH-0 Whole country *
CL — Chile CL-0 Whole country BOV, OVI, POR, EQU, RUF, RUW, SUF
CN — China CN-0 Whole country —
CO — Colombia CO-0 Whole country EQU
CR — Costa Rica CR-0 Whole country BOV, EQU
CU — Cuba CU-0 Whole country BOV, EQU
DZ — Algeria DZ-0 Whole country —
ET — Ethiopia ET-0 Whole country —
FK — Falkland Islands FK-0 Whole country BOV, OVI, EQU
GL — Greenland GL-0 Whole country BOV, OVI, EQU, RUF, RUW
GT — Guatemala GT-0 Whole country BOV, EQU
HK — Hong Kong HK-0 Whole country —
HN — Honduras HN-0 Whole country BOV, EQU
HR — Croatia HR-0 Whole country BOV, OVI, EQU, RUF, RUW
IL — Israel IL-0 Whole country —
IN — India IN-0 Whole country —
IS — Iceland IS-0 Whole country BOV, OVI, EQU, RUF, RUW
KE — Kenya KE-0 Whole country —
MA — Morocco MA-0 Whole country EQU
ME — Montenegro ME-0 Whole country BOV, OVI, EQU
MG — Madagascar MG-0 Whole country —
MK — Former Yugoslav Republic of Macedonia(3) MK-0 Whole country OVI, EQU
MU — Mauritius MU-0 Whole country —
MX — Mexico MX-0 Whole country BOV, EQU
NA — Namibia NA-0 Whole country EQU, EQW
NA-1 South of the cordon fences which extend from Palgrave Point in the west to Gam in the east BOV, OVI, RUF, RUW F 1
NC — New Caledonia NC-0 Whole country BOV, RUF, RUW
NI — Nicaragua NI-0 Whole country —
NZ — New Zealand NZ-0 Whole country BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW
PA — Panama PA-0 Whole country BOV, EQU
PY — Paraguay PY-0 Whole country EQU
PY-1 Whole country except for the designated high surveillance zone of 15 km from the external borders BOV A 1 1 August 2008
RS — Serbia(4) RS-0 Whole country BOV, OVI, EQU
RU — Russian Federation RU-0 Whole country —
RU-1 Region of Murmansk, Yamolo-Nenets autonomous area RUF
SV — El Salvador SV-0 Whole country —
SZ — Swaziland SZ-0 Whole country EQU, EQW
SZ-1 Area west of the “red line” fences which extends northwards from the river Usutu to the frontier with South Africa west of Nkalashane BOV, RUF, RUW F 1
SZ-2 The veterinary foot and mouth surveillance and vaccination control areas as gazetted as a Statutory Instrument under legal notice number 51 of 2001 BOV, RUF, RUW F 1 4 August 2003
TH — Thailand TH-0 Whole country —
TN — Tunisia TN-0 Whole country —
TR — Turkey TR-0 Whole country —
TR-1 The provinces of Amasya, Ankara, Aydin, Balikesir, Bursa, Cankiri, Corum, Denizli, Izmir, Kastamonu, Kutahya, Manisa, Usak, Yozgat and Kirikkale EQU
UA — Ukraine UA-0 Whole country —
US — United States US-0 Whole country BOV, OVI, POR, EQU, SUF, SUW, RUF, RUW G
UY — Uruguay UY-0 Whole country EQU
BOV A 1 1 November 2001
OVI A 1
ZA — South Africa ZA-0 Whole country EQU, EQW
ZA-1 The whole country except:—the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and—the district of Camperdown, in the Province of KwaZuluNatal — the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and — the district of Camperdown, in the Province of KwaZuluNatal BOV, OVI, RUF, RUW F 1
— the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and
— the district of Camperdown, in the Province of KwaZuluNatal
ZW — Zimbabwe ZW-0 Whole country —
*=Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).—=No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).1=Category restrictions:No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles).’ * = Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132). — = No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country). 1 = Category restrictions:No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles).’
* = Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).
— = No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).
1 = Category restrictions:No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles).’
— the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and
— the district of Camperdown, in the Province of KwaZuluNatal
* = Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).
— = No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).
1 = Category restrictions:No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles).’
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(1), and in particular the introductory phrase of Article 8, the first subparagraph of Article 8(1) and Article 8(4) thereof,
(1) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(2)establishes the sanitary conditions for the importation into the Community of live animals excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations.
(2) Decision 79/542/EEC provides that imports of fresh meat intended for human consumption are only allowed if such meat comes from a territory of a third country or a part thereof listed in Part 1 of Annex II to that Decision, and the fresh meat meets the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of that Annex, taking into account any specific conditions or supplementary guarantees required for the meat.
(3) Botswana is listed in Part 1 of Annex II to Decision 79/542/EEC and has been divided into different territories, mainly according to their animal health status. Those territories are authorised to export to the Community de-boned and matured fresh meat of domestic bovine animals, of domestic sheep and goats, and of certain farmed and wild non-domestic animals (fresh meat).
(4) On 20 October 2008, an outbreak of foot-and-mouth disease was suspected in a farm located in the district of Ghanzi, situated in the veterinary disease control zone 12 of Botswana. As soon as the outbreak was confirmed, the competent authority in Botswana suspended exports of fresh meat to the Community from the whole of the country.
(5) In view of these circumstances, imports into the Community of fresh meat from the veterinary disease control zone 12 of Botswana was no longer authorised by Decision 79/542/EEC, as amended by Commission Decision 2009/4/EC(3).
(6) Considering that the competent authority in Botswana has now provided sufficient guarantees regarding the measures put in place to control the spread of the disease which have been effective in eliminating infection of foot-and-mouth disease it is appropriate to re-instate veterinary disease control zone 12 thereby once again allowing exports of fresh meat into the Community from that zone.
(7) Part 1 of Annex II to Decision 79/542/EEC should therefore be amended accordingly.
(8) 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
Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in the Annex to this Decision.

Article 2
This Decision shall apply from 1 February 2009.

Article 3
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(1), and in particular the introductory phrase of Article 8, the first subparagraph of Article 8(1) and Article 8(4) thereof,
(1) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(2)establishes the sanitary conditions for the importation into the Community of live animals excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations.
(2) Decision 79/542/EEC provides that imports of fresh meat intended for human consumption are only allowed if such meat comes from a territory of a third country or a part thereof listed in Part 1 of Annex II to that Decision, and the fresh meat meets the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of that Annex, taking into account any specific conditions or supplementary guarantees required for the meat.
(3) Botswana is listed in Part 1 of Annex II to Decision 79/542/EEC and has been divided into different territories, mainly according to their animal health status. Those territories are authorised to export to the Community de-boned and matured fresh meat of domestic bovine animals, of domestic sheep and goats, and of certain farmed and wild non-domestic animals (fresh meat).
(4) On 20 October 2008, an outbreak of foot-and-mouth disease was suspected in a farm located in the district of Ghanzi, situated in the veterinary disease control zone 12 of Botswana. As soon as the outbreak was confirmed, the competent authority in Botswana suspended exports of fresh meat to the Community from the whole of the country.
(5) In view of these circumstances, imports into the Community of fresh meat from the veterinary disease control zone 12 of Botswana was no longer authorised by Decision 79/542/EEC, as amended by Commission Decision 2009/4/EC(3).
(6) Considering that the competent authority in Botswana has now provided sufficient guarantees regarding the measures put in place to control the spread of the disease which have been effective in eliminating infection of foot-and-mouth disease it is appropriate to re-instate veterinary disease control zone 12 thereby once again allowing exports of fresh meat into the Community from that zone.
(7) Part 1 of Annex II to Decision 79/542/EEC should therefore be amended accordingly.
(8) 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:
Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in the Annex to this Decision.
This Decision shall apply from 1 February 2009.
This Decision is addressed to the Member States.
ANNEX
‘PART 1
List of third countries or parts thereof (*1)
Country
Code of Territory
Description of territory
Veterinary certificate
Specific conditions
Closing date (1) Opening date (2) Model(s) SG
1
2
3
4
5
6
7
8
AL — Albania
AL-0
Whole country
—

AR — Argentina
AR-0
Whole country
EQU

AR-1
The provinces of: Buenos Aires, Catamarca, Corrientes (except the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar), Entre Ríos, La Rioja, Mendoza, Misiones, part of Neuquén (excluding territory included in AR-4), part of Río Negro (excluding territory included in AR-4), San Juan, San Luis, Santa Fe, Tucuman, Cordoba, La Pampa, Santiago del Estero, Chaco Formosa, Jujuy and Salta, excluding the buffer area of 25 km from the border with Bolivia and Paraguay that extends from the Santa Catalina District in the Province of Jujuy, to the Laishi District in the Province of Formosa
BOV
A
1

18 March 2005
RUF
A
1

1 December 2007
AR-2
Chubut, Santa Cruz and Tierra del Fuego
BOV, OVI, RUW, RUF

1 March 2002
AR-3
Corrientes: the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar
BOV
RUF
A
1

1 December 2007
AR-4
Part of Río Negro (except: in Avellaneda the zone located north of the Provincial road 7 and east of the Provincial road 250, in Conesa the zone located east of the Provincial road 2, in El Cuy the zone located north of the Provincial road 7 from its intersection with the Provincial road 66 to the border with the Department of Avellaneda, and in San Antonio the zone located east of the Provincial roads 250 and 2),
part of Neuquén (except in Confluencia the zone located east of the Provincial road 17, and in Picun Leufú the zone located east of the Provincial road 17)
BOV, OVI, RUW, RUF

1 August 2008
AU — Australia
AU-0
Whole country
BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW

BA — Bosnia and Herzegovina
BA-0
Whole country
—

BH — Bahrain
BH-0
Whole country
—

BR — Brazil
BR-0
Whole country
EQU

BR-1
State of Minas Gerais, State of Espírito Santo, State of Goiás, State of Mato Grosso, State of Rio Grande Do Sul, State of Mato Grosso Do Sul (except for the designated high surveillance zone of 15 km from the external borders in the municipalities of Porto Mutinho, Caracol, Bela Vista, Antônio João, Ponta Porã, Aral Moreira, Coronel Sapucaia, Paranhos, Sete Quedas, Japora’, and Mundo Novo and the designated high surveillance zone in the municipalities of Corumbá and Ladário)
BOV
A and H
1

1 December 2008
BR-2
State of Santa Catarina
BOV
A and H
1

31 January 2008
BR-3
States of Paraná and São Paulo
BOV
A and H
1

1 August 2008
BW — Botswana
BW-0
Whole country
EQU, EQW

BW-1
The veterinary disease control zones 3c, 4b, 5, 6, 8, 9 and 18
BOV, OVI, RUF, RUW
F
1

1 December 2007
BW-2
The veterinary disease control zones 10, 11, 13 and 14
BOV, OVI, RUF, RUW
F
1

7 March 2002
BW-3
The veterinary disease control zone 12
BOV, OVI, RUF, RUW
F
1
20 October 2008
20 January 2009
BY — Belarus
BY-0
Whole country
—

BZ — Belize
BZ-0
Whole country
BOV, EQU

CA — Canada
CA-0
Whole country
BOV, OVI, POR, EQU, SUF, SUW RUF, RUW
G

CH — Switzerland
CH-0
Whole country
*

CL — Chile
CL-0
Whole country
BOV, OVI, POR, EQU, RUF, RUW, SUF

CN — China
CN-0
Whole country
—

CO — Colombia
CO-0
Whole country
EQU

CR — Costa Rica
CR-0
Whole country
BOV, EQU

CU — Cuba
CU-0
Whole country
BOV, EQU

DZ — Algeria
DZ-0
Whole country
—

ET — Ethiopia
ET-0
Whole country
—

FK — Falkland Islands
FK-0
Whole country
BOV, OVI, EQU

GL — Greenland
GL-0
Whole country
BOV, OVI, EQU, RUF, RUW

GT — Guatemala
GT-0
Whole country
BOV, EQU

HK — Hong Kong
HK-0
Whole country
—

HN — Honduras
HN-0
Whole country
BOV, EQU

HR — Croatia
HR-0
Whole country
BOV, OVI, EQU, RUF, RUW

IL — Israel
IL-0
Whole country
—

IN — India
IN-0
Whole country
—

IS — Iceland
IS-0
Whole country
BOV, OVI, EQU, RUF, RUW

KE — Kenya
KE-0
Whole country
—

MA — Morocco
MA-0
Whole country
EQU

ME — Montenegro
ME-0
Whole country
BOV, OVI, EQU

MG — Madagascar
MG-0
Whole country
—

MK — Former Yugoslav Republic of Macedonia (3) MK-0
Whole country
OVI, EQU

MU — Mauritius
MU-0
Whole country
—

MX — Mexico
MX-0
Whole country
BOV, EQU

NA — Namibia
NA-0
Whole country
EQU, EQW

NA-1
South of the cordon fences which extend from Palgrave Point in the west to Gam in the east
BOV, OVI, RUF, RUW
F
1

NC — New Caledonia
NC-0
Whole country
BOV, RUF, RUW

NI — Nicaragua
NI-0
Whole country
—

NZ — New Zealand
NZ-0
Whole country
BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW

PA — Panama
PA-0
Whole country
BOV, EQU

PY — Paraguay
PY-0
Whole country
EQU

PY-1
Whole country except for the designated high surveillance zone of 15 km from the external borders
BOV
A
1

1 August 2008
RS — Serbia (4) RS-0
Whole country
BOV, OVI, EQU

RU — Russian Federation
RU-0
Whole country
—

RU-1
Region of Murmansk, Yamolo-Nenets autonomous area
RUF

SV — El Salvador
SV-0
Whole country
—

SZ — Swaziland
SZ-0
Whole country
EQU, EQW

SZ-1
Area west of the “red line” fences which extends northwards from the river Usutu to the frontier with South Africa west of Nkalashane
BOV, RUF, RUW
F
1

SZ-2
The veterinary foot and mouth surveillance and vaccination control areas as gazetted as a Statutory Instrument under legal notice number 51 of 2001
BOV, RUF, RUW
F
1

4 August 2003
TH — Thailand
TH-0
Whole country
—

TN — Tunisia
TN-0
Whole country
—

TR — Turkey
TR-0
Whole country
—

TR-1
The provinces of Amasya, Ankara, Aydin, Balikesir, Bursa, Cankiri, Corum, Denizli, Izmir, Kastamonu, Kutahya, Manisa, Usak, Yozgat and Kirikkale
EQU

UA — Ukraine
UA-0
Whole country
—

US — United States
US-0
Whole country
BOV, OVI, POR, EQU, SUF, SUW, RUF, RUW
G

UY — Uruguay
UY-0
Whole country
EQU

BOV
A
1

1 November 2001
OVI
A
1

ZA — South Africa
ZA-0
Whole country
EQU, EQW

ZA-1
The whole country except:
—
the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and
—
the district of Camperdown, in the Province of KwaZuluNatal
BOV, OVI, RUF, RUW
F
1

ZW — Zimbabwe
ZW-0
Whole country
—

*
=
Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).
—
=
No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).
1
=
Category restrictions:
No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles).’

(*1) Without prejudice to specific certification requirements provided for in Community agreements with third countries.
(1) Meat from animals slaughtered on or before the date indicated in column 7 can be imported into the Community for 90 days from that date. Consignments on the high seas can be imported into the Community if certified before the date indicated in column 7 for 40 days from that date (NB: no date in column 7 means that there are no time restrictions).
(2) Only meat from animals slaughtered on or after the date indicated in column 8 can be imported into the Community (no date in column 8 means that there are no time restrictions).
(3) The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.
(4) Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.