5.6.2009 EN Official Journal of the European Union L 140/136 DECISION No 406/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) The ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC), which was approved on behalf of the European Community by Council Decision 94/69/EC (3), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. (2) The view of the Community, most recently expressed, in particular, by the European Council of March 2007, is that in order to meet this objective, the overall global annual mean surface temperature increase should not exceed 2 °C above pre-industrial levels , which implies that global greenhouse gas emissions should be reduced to at least 50 % below 1990 levels by 2050. The Community’s greenhouse gas emissions covered by this Decision should continue to decrease beyond 2020 as part of the Community’s efforts to contribute to this global emissions reduction goal. Developed countries, including the EU Member States, should continue to take the lead by committing to collectively reducing their emissions of greenhouse gases in the order of 30 % by 2020 compared to 1990. They should do so also with a view to collectively reducing their greenhouse gas emissions by 60 to 80 % by 2050 compared to 1990. All sectors of the economy should contribute to achieving these emission reductions, including international maritime shipping and aviation. Aviation is contributing to these reductions through its inclusion in the Community greenhouse gas emission allowance trading scheme (hereinafter referred to as the "Community scheme). In the event that no international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation has been approved by the Member States or no such agreement through the UNFCCC has been approved by the Community by 31 December 2011, the Commission should make a proposal to include international maritime emissions in the Community reduction commitment with the aim of the proposed act entering into force by 2013. Such a proposal should minimise any negative impact on the Community's competitiveness while taking into account the potential environmental benefits. (3) Furthermore, in order to meet this objective, the European Council of March 2007 endorsed a Community objective of a 30 % reduction of greenhouse gas emissions by 2020 compared to 1990 as its contribution to a global and comprehensive agreement for the period after 2012, provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries commit themselves to contributing adequately according to their responsibilities and capabilities. (4) The European Council of March 2007 emphasised that the Community is committed to transforming Europe into a highly energy-efficient and low greenhouse-gas-emitting economy and has decided that, until a global and comprehensive agreement for the period after 2012 is concluded, and without prejudice to its position in international negotiations, the Community makes a firm independent commitment to achieve at least a 20 % reduction of greenhouse gas emissions by 2020 compared to 1990. (5) Energy efficiency improvements are a crucial element for Member States to meet the requirements under this Decision. In this context, the Commission should closely monitor progress towards the objective to reduce energy consumption by 20 % by 2020, and propose additional actions if progress is insufficient. (6) Directive 2003/87/EC (4) establishes a scheme for greenhouse gas emission allowance trading within the Community, which covers certain sectors of the economy. All sectors of the economy should contribute to emission reductions in order to cost-effectively achieve the objective of a 20 % reduction of greenhouse gas emissions by 2020 compared to 1990 levels.. Member States should therefore implement additional policies and measures in an effort to further limit the greenhouse gas emissions from sources not covered under Directive 2003/87/EC. (7) The effort of each Member State should be determined in relation to the level of its 2005 greenhouse gas emissions covered by this Decision, adjusted to exclude the emissions from installations that existed in 2005 but which were brought into the Community scheme in the period from 2006 to 2012. Annual emission allocations for the period from 2013 to 2020 in terms of tonnes of carbon dioxide equivalent should be determined on the basis of reviewed and verified data. (8) Member States’ reduction efforts should be based on the principle of solidarity between Member States and the need for sustainable economic growth across the Community, taking into account the relative per capita GDP of Member States. Member States that currently have a relatively low per capita GDP, and thus high GDP growth expectations, should be allowed to increase their greenhouse gas emissions compared to 2005, but should limit this greenhouse gas emissions growth to contribute to the independent reduction commitment of the Community. Member States that currently have a relatively high per capita GDP should reduce their greenhouse gas emissions compared to 2005. (9) To further ensure a fair distribution between the Member States of the efforts to contribute to the implementation of the independent reduction commitment of the Community, no Member State should be required to reduce its greenhouse gas emissions in 2020 to more than 20 % below 2005 levels nor allowed to increase its greenhouse gas emissions in 2020 to more than 20 % above 2005 levels. Reductions in greenhouse gas emissions should take place between 2013 and 2020. Each Member State should be allowed to carry forward from the following year a quantity of up to 5 % of its annual emission allocation. Where the emissions of a Member State are below that annual emission allocation, a Member State should be allowed to carry over its excess emission reductions to the subsequent years. (10) As a means to even out the differences in abatement costs faced by different Member States, by allowing for increased geographical flexibility, and at the same time, as a means to enhance the overall cost-effectiveness of the total commitment of the Community, Member States should be able to transfer part of their annual emission allocation to other Member States. The transparency of such transfers should be ensured by way of a notification to the Commission and the registration of each transfer in the registries of both Member States involved. Such transfers may be carried out in a manner that is mutually convenient, including by means of auctioning, the use of market intermediaries acting on an agency basis, or by way of bilateral arrangements. (11) Significant greenhouse gas emission reductions should be made within the Union. The use of credits from project activities should be limited so that it is supplemental to domestic action. The Union remains committed to the continued improvement of the Clean Development Mechanism (CDM) and will seek improvements through the appropriate international processes. It is important that credits from project activities used by Member States represent real, verifiable, additional and permanent emission reductions and have clear sustainable development benefits and no significant negative environmental or social impacts. Member States should also report on the qualitative criteria they apply for the use of such credits. (12) In order to provide for flexibility for Member States in implementing their commitments, to promote sustainable development in third countries, in particular in developing countries, and to provide certainty to investors, the Community should continue to recognise a certain amount of credits from greenhouse gas emission reduction projects in third countries before a future international agreement on climate change (hereinafter referred to as the international agreement on climate change) has been reached. Member States should ensure that their policies for purchasing these credits enhance the equitable geographical distribution of projects, in particular by increasing the share of cCertified emission reductions (CERs) purchased from least developed countries (LDCs) and small island developing States (SIDS), and enhance the achievement of an international agreement on climate change. (13) Member States should therefore be able to use greenhouse gas emission reduction credits issued for reductions that were made during the period from 2008 to 2012 and that result from project types which were eligible for use in the Community scheme during that period. Member States should also be able to use greenhouse gas emission reduction credits for reductions that were made after the period from 2008 to 2012, that result from projects that were registered during the period from 2008 to 2012 and that result from project types which were eligible for use in the Community scheme during that period. (14) Very few CDM projects have been implemented in LDCs. Given that the Community supports the equitable distribution of CDM projects, including through the Commission’s Global Climate Change Alliance as set out in the Commission Communication of 18 September 2007 entitled ‘Building a Global Climate Change Alliance between the European Union and poor developing countries most vulnerable to climate change’, it is appropriate to provide certainty on the acceptance of credits from projects started after the period from 2008 to 2012 in LDCs, for project types that were eligible for use in the Community scheme during the period from 2008 to 2012. That acceptance should continue until 2020 or the conclusion of a relevant agreement with the Community, whichever is the earlier. (15) In order to provide for further flexibility for Member States and to promote sustainable development in developing countries, Member States should be able to use additional credits from projects resulting from agreements concluded by the Community with third countries. Without an international agreement on climate change that determines the assigned amount for developed countries, Joint Implementation (JI) projects cannot continue after 2012. Greenhouse gas emission reduction credits resulting from such projects should, however, continue to be recognised by means of agreements with third countries. (16) The continued ability for Member States to use CDM credits is important to help ensure a market for those credits after 2012. To help ensure such a market and in order to ensure further greenhouse gas emission reductions within the Community, and thus enhance the implementation of the objectives of the Community relating to renewable energy, energy efficiency, energy security, innovation and competitiveness, it is proposed to allow the annual use by Member States of credits from greenhouse gas emission reduction projects in third countries, up to a quantity representing 3 % of the greenhouse gas emissions of each Member State not covered under Directive 2003/87/EC in 2005, or in other Member States, until an international agreement on climate change has been reached. Member States should be allowed to transfer the unused part of that quantity to other Member States. Certain Member States with a negative limit, or a positive limit of at most 5 %, as set out in this Decision, should, in addition to the credits referred to above, be allowed annually to use additional credits amounting to 1 % of their verified emissions in 2005 from projects in LDCs and SIDS, subject to compliance with one of the four conditions set out in this Decision. (17) This Decision should be without prejudice to more stringent national objectives. Where Member States limit the greenhouse gas emissions covered by this Decision beyond their obligations under this Decision in order to meet a more stringent objective, the limitation imposed by this Decision on the use of greenhouse gas emission reduction credits should not apply to the additional emission reductions to attain the national objective. (18) In order to increase the cost-effectiveness of attaining national objectives, in particular for Member States with ambitious objectives, Member States can make use of credits resulting from Community-level projects as defined in Article 24a of Directive 2003/87/EC. (19) Once an international agreement on climate change has been reached, Member States should only accept emission reduction credits from countries which have ratified that agreement and subject to a common approach. (20) The fact that certain provisions of this Decision refer to the approval of an international agreement on climate change by the Community is without prejudice to the conclusion of that agreement also by Member States. (21) Upon the approval of an international agreement on climate change for the period after 2012 and as provided for in that agreement, the Community and its Member States should participate in the financing of measurable, reportable, verifiable and nationally appropriate greenhouse gas emissions mitigation action, consistent with the objective of limiting overall global annual mean surface temperature increase to 2 °C compared to pre-industrial levels, in developing countries which have ratified the agreement. (22) Upon the approval of an international agreement on climate change for the period after 2012 and as provided for in that agreement, the Community and its Member States should participate in the financing of assistance for developing countries which have ratified the agreement, in particular for communities and countries most at risk from climate change, with the aim of supporting them in their adaptation and risk reduction strategies. (23) In the event that no international agreement on climate change is approved by the Community by 31 December 2010, the Commission should make a proposal to include emissions and removals related to land use, land use change and forestry in the Community reduction commitment, in accordance with harmonised modalities, building on work carried out in the context of the UNFCCC, and ensure permanence and the environmental integrity of the contribution of land use, land use change and forestry as well as accurate monitoring and accounting, with the aim of the proposed act entering into force from 2013. The Commission should assess if the distribution of individual Member States’ efforts should be adjusted accordingly. (24) Progress in implementing commitments under this Decision should be annually evaluated on the basis of reports submitted under Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (5). Every two years an assessment should be made on the projected progress and a full evaluation of the implementation of this Decision should be made in 2016. (25) Any adjustments in the coverage of Directive 2003/87/EC should be matched by a corresponding adjustment in the maximum quantity of greenhouse gas emissions covered by this Decision. (26) Upon the approval by the Community of an international agreement on climate change, the emission limits for Member States should be adjusted to achieve the Community’s greenhouse gas emission reduction commitment set out in that agreement, taking into account the principle of solidarity between Member States and the need for sustainable economic growth across the Community. The amount of credits from greenhouse gas emission reduction projects in third countries that each Member State can use should be increased by up to half of the additional reduction effort under this Decision. (27) The registries established under Decision No 280/2004/EC and the Central Administrator designated under Directive 2003/87/EC should be used to ensure an accurate processing and accounting of all transactions for the implementation of this Decision. (28) Since the reduction commitment of the Community imposes tasks not only on the central governments of Member States but also on their local and regional governments and on other local and regional advocacy forums and organisations, Member States should ensure cooperation between their central authorities and local authorities at different levels. (29) In addition to individual Member States, central governments and local and regional organisations and authorities, market actors — together with households and individual consumers — should be involved in contributing to the implementation of the Community’s reduction commitment, irrespective of the level of greenhouse gas emissions which can be attributed to them. (30) Member States should ensure funding for the use of new, innovative techniques in order to enable industrial operators to create new jobs, thereby increasing competitiveness and promoting the achievement of the objectives set by the Lisbon Strategy. (31) Since increasing electricity generation from renewable energy sources is a particularly important means of reducing greenhouse gas emissions, Member States should seek to do this in the context of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (6). (32) 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 (7). (33) In particular, the Commission should be empowered to determine the annual emission allocations for the period from 2013 to 2020 in terms of tonnes of carbon dioxide equivalent, to indicate modalities in order to facilitate transfers by Member States of parts of their emission allocations and increase the transparency of these transfers, as well as to adopt measures to implement the provisions relating to registries and the Central Administrator. Since those measures are of general scope and are designed to amend the non-essential elements of this Decision by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (34) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives, HAVE ADOPTED THIS DECISION: Article 1 Subject matter This Decision lays down the minimum contribution of Member States to meeting the greenhouse gas emission reduction commitment of the Community for the period from 2013 to 2020 for greenhouse gas emissions covered by this Decision, and rules on making these contributions and for the evaluation thereof. This Decision also lays down provisions for assessing and implementing a stricter Community reduction commitment exceeding 20 %, to be applied upon the approval by the Community of an international agreement on climate change leading to emissions reductions exceeding those required pursuant to Article 3, as reflected in the 30 % reduction commitment as endorsed by the European Council of March 2007. Article 2 Definitions For the purposes of this Decision, the following definitions shall apply: 1. ‘Greenhouse gas emissions’ means the emission of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) from the categories listed in Annex I, expressed in terms of tonnes of carbon dioxide equivalent, as determined pursuant to Decision No 280/2004/EC, excluding greenhouse gases emissions covered under Directive 2003/87/EC. 2. ‘Annual emission allocation’ means the annual maximum allowed greenhouse gas emissions in the years 2013 to 2020 as specified in Article 3(2). Article 3 Emission levels for the period from 2013 to 2020 1. Each Member State shall, by 2020, limit its greenhouse gas emissions at least by the percentage set for that Member State in Annex II to this Decision in relation to its emissions in 2005. 2. Subject to paragraphs 3, 4 and 5 of this Article and Article 5, each Member State with a negative limit under Annex II shall ensure, including by making use of the flexibilities provided for in this Decision, that its greenhouse gas emissions in 2013 do not exceed its average annual greenhouse gas emissions during 2008, 2009 and 2010, as reported and verified pursuant to Directive 2003/87/EC and Decision No 280/2004/EC. Subject to paragraphs 3, 4 and 5 of this Article and Article 5, each Member State with a positive limit under Annex II shall ensure, including by making use of the flexibilities provided for in this Decision, that its greenhouse gas emissions in 2013 do not exceed a level defined by a linear trajectory, starting in 2009, on its average annual greenhouse gas emissions during 2008, 2009 and 2010, as reported and verified pursuant to Directive 2003/87/EC and Decision No 280/2004/EC, ending in 2020 on the limit for that Member State as specified in Annex II. Subject to paragraphs 3, 4 and 5 of this Article and Article 5, each Member State shall annually limit its greenhouse gas emissions in a linear manner, including by making use of the flexibilities provided for in this Decision, in order to ensure that its emissions do not exceed its limit in 2020 as specified in Annex II. When the relevant reviewed and verified emission data are available, measures shall be adopted within six months to determine the annual emission allocations for the period from 2013 to 2020 in terms of tonnes of carbon dioxide equivalent. Those measures, designed to amend non-essential elements of this Decision by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2). 3. During the period from 2013 to 2019, a Member State may carry forward from the following year a quantity of up to 5 % of its annual emission allocation. If the greenhouse gas emissions of a Member State are below its annual emission allocation, taking into account the use of flexibilities pursuant to this paragraph and paragraphs 4 and 5, it may carry over the part of its annual emission allocation of a given year that exceeds its greenhouse gas emissions in that year to the subsequent years, until 2020. A Member State may request an increased carry forward rate in excess of 5 % in 2013 and 2014 in the event of extreme meteorological conditions which have led to substantially increased greenhouse gas emissions in those years compared to years with normal meteorological conditions. To this end, the Member State shall submit a report to the Commission substantiating this request. Within three months, the Commission shall decide whether an increased carry forward can be granted. 4. A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States. A receiving Member State may use this quantity for the implementation of its obligation under this Article for the given year or any subsequent years until 2020. A Member State cannot transfer any part of its annual emission allocation if, at the time of transfer, that Member State is not in compliance with the requirements of this Decision. 5. A Member State may transfer the part of its annual emission allocation that exceeds its greenhouse gas emissions for that year, taking into account the use of flexibilities pursuant to paragraphs 3 and 4, to other Member States. A receiving Member State may use this quantity for the implementation of its obligations under this Article for the same year or any subsequent years until 2020. A Member State cannot transfer any part of its annual emission allocation if, at the time of transfer, it is not in compliance with the requirements of this Decision. 6. In order to facilitate the transfers referred to in paragraphs 4 and 5 and increase their transparency, measures indicating the modalities for such transfers shall be adopted. Those measures, designed to amend non-essential elements of this Decision by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2). Article 4 Energy efficiency 1. By 2012, the Commission shall assess and report on the progress of the Community and its Member States towards the objective to reduce energy consumption by 20 % by 2020 compared to projections for 2020, as outlined in the Action Plan for Energy Efficiency which was set out in the Commission Communication of 19 October 2006. 2. If appropriate, in particular in order to assist Member States in their contributions towards meeting the Community’s greenhouse gas emission reduction commitments, the Commission shall, by 31 December 2012, propose strengthened or new measures to accelerate energy efficiency improvements. Article 5 Use of credits from project activities 1. Member States may use the following greenhouse gas emission reduction credits to implement their obligations under Article 3: (a) Certified Emission Reductions (CERs) and Emission Reduction Units (ERUs), as set out in Directive 2003/87/EC, issued in respect of emission reductions until 31 December 2012 which where eligible for use in the Community scheme during the period from 2008 to 2012; (b) CERs and ERUs issued in respect of emission reductions from 1 January 2013 from projects which were registered before 2013 and which were eligible for use in the Community scheme during the period from 2008 to 2012; (c) CERs issued in respect of emission reductions achieved from projects implemented in LDCs which were eligible for use in the Community scheme during the period from 2008 to 2012, until those countries have ratified a relevant agreement with the Community or until 2020, whichever is the earlier; (d) temporary CERs (tCERs) or long-term CERs (lCERs) from afforestation and reforestation projects provided that, where a Member State has used tCERs or lCERs towards its commitments under Council Decision 2002/358/EC (8) for the period from 2008 to 2012, the Member State commits to the continuing replacement of those credits by tCERs, lCERs or other units valid under the Kyoto Protocol before the expiry date of the tCERs or lCERs, and the Member State also commits to the continuing replacement of tCERs or lCERs used under this Decision with tCERs, lCERs or other units usable towards those commitments before the expiry date of the tCERs or lCERs. Where replacement takes place using tCERs or lCERs, the Member State shall replace also those tCERs or lCERs before their expiry date on a continuing basis, until their replacement with units of unlimited validity. Member States should ensure that their policies for purchasing these credits enhance the equitable geographical distribution of projects and the achievement of an international agreement on climate change. 2. In addition to paragraph 1 and in the event that negotiations on an international agreement on climate change are not concluded by 31 December 2009, Member States may, for the implementation of their obligations under Article 3, use additional greenhouse gas emission reduction credits resulting from projects or other emission reducing activities in accordance with the agreements referred to in Article 11a(5) of Directive 2003/87/EC. 3. Provided that an international agreement on climate change as referred to in Article 1 has been reached, Member States may, from 1 January 2013, only use credits from projects in third countries which have ratified that agreement. 4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 3 % of the greenhouse gas emissions of that Member State in 2005, plus any quantity transferred in accordance with paragraph 6. 5. Member States with a negative limit, or a positive limit of at most 5 %, as set out in Annex II, which are listed in Annex III, shall, in addition to credits used pursuant to paragraph 4, be allowed to use additional credits amounting to 1 % of their verified emissions in 2005 from projects in LDCs and SIDS each year, subject to compliance with one of the following four conditions: (a) the direct costs of the overall package exceed 0,70 % of GDP according to the Commission’s Impact Assessment accompanying the Package of Implementation measures for the EU’s objectives on climate change and renewable energy for 2020; (b) there is an increase of at least 0,1 % of GDP between the target actually adopted for the Member State concerned and the cost-effective scenario according to the Commission’s Impact Assessment referred to in point (a); (c) more than 50 % of the total emissions covered by this Decision for the Member State concerned are accounted for by transport-related emissions; or (d) the Member State concerned has a renewable energies target for 2020 in excess of 30 % as set out in Directive 2009/28/EC. 6. Each year, a Member State may transfer to another Member State the unused part of its annual quantity equal to 3 % as specified in paragraph 4. Where a Member State’s annual use of credits does not reach the quantity in paragraph 4, the Member State may carry over the unused part of that quantity to subsequent years. 7. Member States shall, in addition, be able to use credits from Community-level projects issued pursuant to Article 24a of Directive 2003/87/EC towards their emission reduction commitments, without any quantitative limit whatsoever. Article 6 Reporting, evaluation of progress, amendments and review 1. Member States shall, in their reports submitted pursuant to Article 3 of Decision No 280/2004/EC, include the following: (a) their annual greenhouse gas emissions resulting from the implementation of Article 3; (b) the use, geographical distribution and types of, as well as the qualitative criteria applied to, credits used in accordance with Article 5; (c) projected progress towards meeting their obligations under this Decision, including information on national policies and measures and national projections; (d) information on planned additional national policies and measures envisaged with a view to limiting greenhouse gas emissions beyond their commitments under this Decision and in view of the implementation of an international agreement on climate change, as referred to in Article 8. 2. In the event that a Member State uses credits from project types that cannot be used by operators in the Community scheme, that Member State shall provide a detailed justification for the use of such credits. 3. The Commission shall, in its reports submitted pursuant to Article 5(1) and (2) of Decision No 280/2004/EC, evaluate whether the progress made by Member States is sufficient for them to fulfil their obligations under this Decision. The evaluation shall take into account progress in Community policies and measures and information from Member States in accordance with Article 3 and Article 5 of Decision No 280/2004/EC. Every two years, starting with the greenhouse gas emissions reported for 2013, the evaluation shall also include the projected progress of the Community towards meeting its reduction commitment and of Member States towards fulfilling their obligations under this Decision. 4. In the report referred to in paragraph 3, the Commission shall assess the overall implementation of this Decision, including the use and quality of CDM credits and the need for further common and coordinated policies and measures at Community level in the sectors covered by this Decision in order to assist Member States in meeting their commitments under this Decision, and shall make proposals as appropriate. 5. In order to implement this Decision, the Commission shall, where appropriate, make proposals to amend Decision No 280/2004/EC and adopt amendments to Commission Decision 2005/166/EC (9) with a view to the amending acts applying from 1 January 2013, to ensure in particular: (a) faster, efficient, transparent and cost-effective monitoring, reporting and verification of greenhouse gas emissions; (b) the development of national projections of greenhouse gas emissions beyond 2020. Article 7 Corrective action 1. If the greenhouse gas emissions of a Member State exceed the annual emission allocation specified pursuant to Article 3(2), taking into account the flexibilities used pursuant to Articles 3 and 5, the following measures shall apply: (a) a deduction from the Member State’s emission allocation of the following year equal to the amount in tonnes of carbon dioxide equivalent of those excess emissions, multiplied by an abatement factor of 1,08; (b) the development of a corrective action plan in accordance with paragraph 2 of this Article; and (c) the temporary suspension of the eligibility to transfer part of the Member State’s emission allocation and JI/CDM rights to another Member State until the Member State is in compliance with Article 3(2). 2. A Member State covered by paragraph 1 shall, within three months, submit to the Commission an assessment and a corrective action plan that includes: (a) action that the Member State will implement in order to meet its specific obligations under Article 3(2), giving priority to domestic policies and measures and the implementation of Community action; (b) a timetable for implementing such action, which enables the assessment of annual progress in the implementation. The Commission may issue an opinion on the corrective action plan of the Member State in question. Before issuing that opinion, the Commission may submit the corrective action plan to the Climate Change Committee, referred to in Article 13(1), for comments. Article 8 Adjustments applicable upon the approval by the Community of an international agreement on climate change 1. Within three months of the signature by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding 20 % compared to 1990 levels, as reflected in the 30 % reduction commitment as endorsed by the European Council of March 2007, the Commission shall submit a report assessing, in particular, the following elements: (a) the nature of the measures agreed upon in the framework of the international negotiations, as well as the commitments made by other developed countries to comparable emission reductions to those of the Community and the commitments made by economically more advanced developing countries to contributing adequately according to their responsibilities and respective capabilities; (b) the implications of the international agreement on climate change, and consequently, options required at Community level, in order to move to the 30 % reduction target in a balanced, transparent and equitable way, taking into account work under the Kyoto Protocol’s first commitment period; (c) the Community manufacturing industries’ competitiveness in the context of carbon leakage risks; (d) the impact of the international agreement on climate change on other Community economic sectors; (e) the impact on the Community agriculture sector, including carbon leakage risks; (f) the appropriate modalities for including emissions and removals related to land use, land use change and forestry in the Community; (g) afforestation, reforestation, avoided deforestation and forest degradation in third countries in the event of the establishment of any internationally recognised system in this context; (h) the need for additional Community policies and measures in view of the greenhouse gas emission reduction commitments of the Community and of Member States. 2. On the basis of the report referred to in paragraph 1, the Commission shall, if appropriate, submit a legislative proposal to the European Parliament and to the Council amending this Decision pursuant to paragraph 1, with a view to the amending act entering into force upon the approval by the Community of the international agreement on climate change and in view of the emission reduction commitment to be implemented under that agreement. The proposal shall be based upon the principles of transparency, economic efficiency and cost-effectiveness, as well as fairness and solidarity in the distribution of efforts between Member States. 3. The proposal shall allow, as appropriate, Member States to use, in addition to the credits provided for in this Decision, CERs, ERUs or other approved credits from projects in third countries which have ratified the international agreement on climate change. 4. The proposal shall also include, as appropriate, measures to allow for Member States to use the unused part of the additional usable quantity referred to in paragraph 3 in the subsequent years or transfer the unused part of that quantity to another Member State. 5. The proposal shall also include, as appropriate, any other measures needed to help reach the mandatory reductions in accordance with paragraph 1 in a transparent, balanced and equitable way and, in particular, shall include implementing measures to provide for the use by Member States of additional types of project credits or of other mechanisms created under the international agreement on climate change, as appropriate. 6. On the basis of rules agreed as part of an international agreement on climate change, the Commission shall propose to include emissions and removals related to land use, land use change and forestry in the Community reduction commitment, as appropriate, according to harmonised modalities ensuring permanence and the environmental integrity of the contribution of land use, land use change and forestry as well as accurate monitoring and accounting. The Commission shall assess whether the distribution of individual Member States’ efforts should be adjusted accordingly. 7. The proposal shall include the appropriate transitional and suspensive measures pending the entry into force of the international agreement on climate change. Article 9 Procedure in relation to land use, land use change and forestry in the event of no international agreement on climate change In the event that no international agreement on climate change is approved by the Community by 31 December 2010, Member States may specify their intentions for the inclusion of land use, land use change and forestry in the Community reduction commitment taking into account methodologies within the work carried out in the context of UNFCCC. Taking into account such specification by Member States, the Commission shall, by 30 June 2011, assess modalities for the inclusion of emissions and removals from activities related to land use, land use change and forestry in the Community reduction commitment, ensuring permanence and the environmental integrity of the contribution of land use, land use change and forestry as well as accurate monitoring and accounting, and make a proposal, as appropriate, with the aim of the proposed act entering into force from 2013 onwards. The Commission’s assessment shall consider if the distribution of individual Member States’ efforts should be adjusted accordingly. Article 10 Changes in the scope of Directive 2003/87/EC and application of Article 24a thereof The maximum quantity of emissions for each Member State under Article 3 of this Decision shall be adjusted in accordance with the quantity of: (a) allowances for greenhouse gas emissions issued pursuant to Article 11 of Directive 2003/87/EC that results from a change in the coverage of sources under that Directive following the final approval by the Commission of the national allocation plans for the period from 2008 to 2012 pursuant to Directive 2003/87/EC; (b) allowances or credits issued pursuant to Articles 24 and 24a of Directive 2003/87/EC in respect of emission reductions in a Member State covered by this Decision; (c) allowances for greenhouse gas emissions from installations excluded from the Community scheme in accordance with Article 27 of Directive 2003/87/EC for the time that they are excluded. The Commission shall publish the figures resulting from that adjustment. Article 11 Registries and Central Administrator 1. The Community and its Member States’ registries established pursuant to Article 6 of Decision No 280/2004/EC shall ensure the accurate accounting of transactions under this Decision. This information shall be accessible to the public. 2. The Central Administrator designated under Article 20 of Directive 2003/87/EC shall, through its independent transaction log, conduct an automated check on each transaction under this Decision and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public. 3. The Commission shall adopt measures necessary to implement paragraphs 1 and 2. Those measures designed to amend non-essential elements of this Decision by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2). Article 12 Amendments to Regulation (EC) No 994/2008 In order to implement this Decision, the Commission shall adopt amendments to Commission Regulation (EC) No 994/2008 of 8 October 2008 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (10). Article 13 Committee procedure 1. The Commission shall be assisted by the Climate Change Committee established by Article 9 of Decision No 280/2004/EC. 2. Where reference is made to this paragraph, Articles 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 14 Report The Commission shall draw up a report evaluating the implementation of this Decision. That report shall also evaluate how the implementation of this Decision has affected competition at national, Community and international level. The Commission shall submit its report to the European Parliament and to the Council by 31 October 2016, accompanied by proposals as appropriate, in particular whether it is appropriate to differentiate national targets for the period after 2020. Article 15 Entry into force This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 16 Addressees This Decision is addressed to the Member States. Done at Strasbourg, 23 April 2009. For the European Parliament The President H.-G. PÖTTERING For the Council The President P. NEČAS (1) OJ C 27, 3.2.2009, p. 71. (2) Opinion of the European Parliament of 17 December 2008 (not yet published in the Official Journal) and Council Decision of 6 April 2009. (3) OJ L 33, 7.2.1994, p. 11. (4) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32). (5) OJ L 49, 19.2.2004, p. 1. (6) See page 16 of this Official Journal. (7) OJ L 184, 17.7.1999, p. 23. (8) Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002, p. 1). (9) Commission Decision 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 55, 1.3.2005, p. 57). (10) OJ L 271, 11.10.2008, p. 3. ANNEX I CATEGORIES REFERRED TO IN ARTICLE 2(1) OF THIS DECISION AS FURTHER SPECIFIED IN ANNEX I, CATEGORIES 1 to 4 AND 6 OF DECISION 2005/166/EC Energy — Fuel combustion, — Fugitive emissions from fuels, Industrial processes Solvent and other product use Agriculture Waste ANNEX II MEMBER STATE GREENHOUSE GAS EMISSION LIMITS UNDER ARTICLE 3 Member State greenhouse gas emission limits in 2020 compared to 2005 greenhouse gas emissions levels Belgium –15 % Bulgaria 20 % Czech Republic 9 % Denmark –20 % Germany –14 % Estonia 11 % Ireland –20 % Greece –4 % Spain –10 % France –14 % Italy –13 % Cyprus –5 % Latvia 17 % Lithuania 15 % Luxembourg –20 % Hungary 10 % Malta 5 % Netherlands –16 % Austria –16 % Poland 14 % Portugal 1 % Romania 19 % Slovenia 4 % Slovakia 13 % Finland –16 % Sweden –17 % United Kingdom –16 % ANNEX III MEMBER STATES REFERRED TO IN ARTICLE 5(5) Belgium Denmark Ireland Spain Italy Cyprus Luxembourg Austria Portugal Slovenia Finland Sweden

Summary: Reducing greenhouse gases by 2020: Effort Sharing Decision Reducing greenhouse gases by 2020: Effort Sharing Decision The Effort Sharing Decision (ESD) establishes binding annual greenhouse gas (GHG) emission targets for European Union (EU) countries for the period 2013-20. These targets concern emissions from most sectors not included in the EU Emissions Trading System (EU ETS), such as transport (except aviation and international maritime shipping), buildings, agriculture and waste. ACT Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 SUMMARY The Effort Sharing Decision (ESD) establishes binding annual greenhouse gas (GHG) emission targets for European Union (EU) countries for the period 2013-20. These targets concern emissions from most sectors not included in the EU Emissions Trading System (EU ETS), such as transport (except aviation and international maritime shipping), buildings, agriculture and waste. The ESD forms part of a set of policies and measures on climate change and energy - known as the climate and energy package - that will help move Europe towards a low-carbon economy and increase its energy security. WHAT DOES THE DECISION DO? The ESD sets national emission targets for 2020, expressed as percentage changes from 2005 emission levels. It also fixes how many tonnes of GHG emissions each EU country may emit in each year from 2013 to 2020 in the sectors covered by the decision. KEY POINTS The emission targets for 2020 have been set on the basis of EU countries’ relative wealth (measured by Gross Domestic Product (GDP) per capita). They range from a 20 % emissions reduction by 2020 (from 2005 levels) for the richest EU countries to a 20 % increase for the least wealthy one, Bulgaria. To ensure a steady progress towards the 2020 target, the ESD also fixes GHG emission limits for each country for each year. These limits are called annual emission allocations (AEAs). At the same time, flexibilities in reaching the targets permit the EU countries to make the emission reductions in a cost-effective way: EU countries can borrow 5 % of their AEAs from the next year and buy AEAs from other EU countries or buy credits from certain projects, for example from a project that helps least-developed countries cut their emissions. Should an EU country reduce its emissions by more than needed, thus exceeding its target for a given year, it can bank the surplus AEAs for later use (until 2020) or sell it to other EU countries. Each country must report its emissions and progress towards its target to the Commission every year. If in 1 year a country emits more GHG than it is allowed to, it has to inform the Commission of how it plans to get ‘back on track’, as well as pay a ‘fee’ in the form of a stricter emission target for the following year. WHEN DOES THE DECISION APPLY? From 2013 to 2020. BACKGROUND To tackle global warming, the EU is committed to reducing its GHG emissions by at least 20 % by 2020 compared to 1990. To reach this target, the EU has adopted two main laws: 1.The EU ETS, covering more than 11 000 power stations and industrial plants, as well as airlines; and 2.the ESD, obliging each of the 28 EU countries (1) to contribute with a specific share to the EU’s overall minus 20 % target. This happens through GHG emission reductions in most sectors not included in the EU ETS. For further information, see the European Commission’s webpage on the ESD. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision No 406/2009/EC 25.6.2009 - OJ L 140 of 5.6.2009, pp. 136-148. RELATED ACTS Commission Decision 2013/162/EU of 26 March 2013 on determining Member States’ annual emission allocations for the period from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council (Official Journal L 90 of 28.3.2013, pp. 106-110). Commission Implementing Decision 2013/634/EU of 31 October 2013 on the adjustments to Member States’ annual emission allocations for the period from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council (Official Journal L 292 of 1.11.2013, pp. 19-22). last update 26.03.2015(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.


26.6.2009 EN Official Journal of the European Union L 164/45 DIRECTIVE 2009/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity. (2) The laws of the Member States define natural mineral waters. Those laws lay down the terms on which natural mineral waters are recognised as such and govern the conditions for exploiting springs. They furthermore prescribe specific rules for marketing the waters in question. (3) The differences between those laws hinder the free movement of natural mineral waters, creating disparate competitive situations, and consequently directly affect the functioning of the internal market. (4) In this particular case, the elimination of these barriers may be achieved both by an obligation on each Member State to allow the marketing in its territory of the natural mineral waters recognised as such by each of the other Member States and by laying down common rules concerning in particular the microbiological requirements to be fulfilled and the conditions in which specific names must be used for certain of the mineral waters. (5) The primary purposes of any rules on natural mineral waters should be to protect the health of consumers, to prevent consumers from being misled and to ensure fair trading. (6) Pending the conclusion of agreements on mutual recognition of natural mineral waters between the Community and third countries, the terms should be laid down on which, until implementation of those agreements, similar products imported from third countries may be allowed to enter the Community as natural mineral waters. (7) Care should be taken to ensure that natural mineral waters retain at the marketing stage those characteristics which enabled them to be recognised as such. Therefore, the containers used for packaging them should have suitable closures. (8) In respect of labelling, natural mineral waters are subject to the general rules laid down by Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (5). Accordingly, this Directive may be limited to laying down the additions and derogations which should be made to those general rules. (9) The inclusion of the statement of the analytical composition of a natural mineral water should be compulsory in order to ensure that consumers are informed. (10) The measures necessary for the implementation of this Directive 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 (6). (11) In particular, the Commission should be empowered to adopt limits for the concentrations of constituents of natural mineral waters, any necessary provisions for the indication on the labelling of high levels of certain constituents, the conditions of use of ozone-enriched air for the treatment of natural mineral water, information on the treatments of natural mineral water, methods of analysis to determine the absence of pollution of natural mineral waters, and the sampling procedures and methods of analysis necessary for checking the microbiological characteristics of natural mineral waters. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (12) When, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to this Directive necessary in order to ensure the protection of public health. (13) The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States. (14) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex IV, Part B, HAVE ADOPTED THIS DIRECTIVE: Article 1 1. This Directive concerns waters extracted from the ground of a Member State and recognised by the responsible authority of that Member State as natural mineral waters satisfying the provisions of Annex I, Section I. 2. This Directive also concerns waters extracted from the ground of a third country, imported into the Community and recognised as natural mineral waters by the responsible authority of a Member State. The waters referred to in the first subparagraph may be so recognised only if the responsible authority in the country of extraction has certified that they satisfy the provisions of Annex I, Section I, and that regular checks are made on the application of the provisions of Annex II, point 2. The validity of the certification referred to in the second subparagraph may not exceed a period of five years. It shall not be necessary to repeat the recognition procedure referred to in the first subparagraph if the certification is renewed before the end of that period. 3. This Directive shall not apply to: (a) waters which are medicinal products within the meaning of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (7); (b) natural mineral waters used at source for curative purposes in thermal or hydromineral establishments. 4. The grounds for granting the recognition referred to in paragraphs 1 and 2 shall be stated in due form by the responsible authority of the Member State and shall be officially published. 5. Each Member State shall inform the Commission of the cases where the recognition referred to in paragraphs 1 and 2 has been granted or withdrawn. The list of natural mineral waters so recognised shall be published in the Official Journal of the European Union. Article 2 Member States shall take the measures necessary to ensure that only the waters referred to in Article 1 which comply with the provisions of this Directive may be marketed as natural mineral waters. Article 3 Natural mineral water springs may be exploited and their waters bottled only in accordance with Annex II. Article 4 1. Natural mineral water, in its state at source, may not be the subject of any treatment other than: (a) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, possibly preceded by oxygenation, in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties; (b) the separation of iron, manganese and sulphur compounds and arsenic from certain natural mineral waters by treatment with ozone-enriched air in so far as such treatment does not alter the composition of the water as regards the essential constituents which give it its properties, and provided that: (i) the treatment complies with the conditions for use to be laid down by the Commission following consultation of the European Food Safety Authority, established by 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 (8); (ii) the treatment is notified to, and specifically controlled by, the competent authorities; (c) the separation of undesirable constituents other than those specified in points (a) or (b), in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties, and provided that: (i) the treatment complies with the conditions for use to be laid down by the Commission following consultation of the European Food Safety Authority; (ii) the treatment is notified to, and specifically controlled by, the competent authorities; (d) the total or partial elimination of free carbon dioxide by exclusively physical methods. The measures referred to in points (b)(i) and (c)(i), designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). The first subparagraph shall not constitute a bar to the utilisation of natural mineral waters and spring waters in the manufacture of soft drinks. 2. Natural mineral water, in its state at source, may not be the subject of any addition other than the introduction or the reintroduction of carbon dioxide under the conditions laid down in Annex I, Section III. 3. Any disinfection treatment by whatever means and, subject to paragraph 2, the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the natural mineral water, shall be prohibited. Article 5 1. The revivable total colony count of a natural mineral water at source shall conform to its normal viable colony count and give satisfactory evidence of the protection of the source against all contamination. This total colony count shall be determined under the conditions laid down in Annex I, Section II, point 1.3.3. After bottling, the total colony count at source may not exceed 100 per millilitre at 20 to 22 °C in 72 hours on agar-agar or an agar-gelatine mixture and 20 per millilitre at 37 °C in 24 hours on agar-agar. The total colony count shall be measured within the 12 hours following bottling, the water being maintained at 4 °C ± 1 °C during this 12-hour period. At source, those values must not normally exceed 20 per millilitre at 20 to 22 °C in 72 hours and 5 per millilitre at 37 °C in 24 hours respectively, on the understanding that they shall be considered as guide figures and not as maximum permitted concentrations. 2. At source and during its marketing, a natural mineral water shall be free from: (a) parasites and pathogenic micro-organisms; (b) Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined; (c) sporulated sulphite-reducing anaerobes in any 50 ml sample examined; (d) Pseudomonas aeruginosa in any 250 ml sample examined. 3. Without prejudice to paragraphs 1 and 2 and the conditions of exploitation laid down in Annex II, at the marketing stage: (a) the revivable total colony count of a natural mineral water may only be that resulting from the normal increase in the bacterial count which it had at source; (b) the natural mineral water may not contain any organoleptic defects. Article 6 Any containers used for packaging natural mineral waters shall be fitted with closures designed to avoid any possibility of adulteration or contamination. Article 7 1. The sales description of natural mineral waters shall be ‘natural mineral water’ or, in the case of an effervescent natural mineral water as defined in Annex I, Section III, as appropriate, ‘naturally carbonated natural mineral water’, ‘natural mineral water fortified with gas from the spring’ or ‘carbonated natural mineral water’. The sales description of natural mineral waters which have undergone any of the treatments referred to in point (d) of the first subparagraph of Article 4(1) shall have added to it, as appropriate, the indication ‘fully de-carbonated’ or ‘partially de-carbonated’. 2. Labels on natural mineral waters shall also give the following mandatory information: (a) a statement of the analytical composition, giving its characteristic constituents; (b) the place where the spring is exploited and the name of the spring; (c) information on any treatments referred to in points (b) and (c) of the first subparagraph of Article 4(1). 3. In the absence of Community provisions on information on any treatments referred to in paragraph 2(c), Member States may maintain their national provisions. Article 8 1. The name of a locality, hamlet or place may occur in the wording of a trade description provided that it refers to a natural mineral water the spring of which is exploited at the place indicated by that description and provided that it is not misleading as regards the place of exploitation of the spring. 2. It shall be prohibited to market natural mineral water from one and the same spring under more than one trade description. 3. When the labels or inscriptions on the containers in which the natural mineral waters are offered for sale include a trade description different from the name of the spring or the place of its exploitation, that place of exploitation or the name of the spring shall be indicated in letters at least one and a half times the height and width of the largest of the letters used for that trade description. The first subparagraph shall apply, mutatis mutandis and with the same intention as regards the importance attributed to the name of the spring or the place of its exploitation, with regard to the trade description used in advertising, in whatsoever form, relating to natural mineral waters. Article 9 1. It shall be prohibited, both on packaging or labels and in advertising in any form whatsoever, to use indications, designations, trade marks, brand names, pictures or other signs, whether figurative or not, which: (a) in the case of a natural mineral water, suggest a characteristic which the water does not possess, in particular as regards its origin, the date of the authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity; (b) in the case of drinking water packaged in containers, which does not satisfy the provisions of Annex I, Section I, are liable to cause confusion with a natural mineral water, in particular the description ‘mineral water’. 2. All indications attributing to a natural mineral water properties relating to the prevention, treatment or cure of a human illness shall be prohibited. However, the indications listed in Annex III shall be authorised if they meet the relevant criteria laid down in that Annex or, in the absence thereof, criteria laid down in national provisions and provided that they have been drawn up on the basis of physico-chemical analyses and, where necessary, pharmacological, physiological and clinical examinations carried out according to recognised scientific methods, in accordance with Annex I, Section I, point 2. Member States may authorise the indications ‘stimulates digestion’, ‘may facilitate the hepato-biliary functions’ or similar indications. They may also authorise the inclusion of other indications, provided that the latter do not conflict with the principles provided for in the first subparagraph and are compatible with those provided for in the second subparagraph. 3. Member States may adopt special provisions regarding indications — both on packaging or labels and in advertising — concerning the suitability of a natural mineral water for the feeding of infants. Such provisions may also concern the properties of the water which determine the use of those indications. Member States which intend taking such measures shall inform the other Member States and the Commission of them beforehand. 4. The term ‘spring water’ shall be reserved for a water which is intended for human consumption in its natural state, and bottled at source, which: (a) satisfies the conditions of exploitation laid down in Annex II, points 2 and 3, which shall be fully applicable to spring waters; (b) satisfies the microbiological requirements laid down in Article 5; (c) satisfies the labelling requirements of Article 7(2), points (b) and (c), and Article 8; (d) has not undergone any treatment other than those referred to in Article 4. Other treatments may be authorised by the Commission. The measures referred to in point (d), designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). In addition, spring waters shall comply with the provisions of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (9). 5. In the absence of Community provisions on the treatment for spring waters referred to in point (d) of the first subparagraph of paragraph 4, Member States may maintain their national provisions on the treatments. Article 10 Member States shall adopt the measures necessary to ensure that trade in natural mineral waters which comply with the definitions and rules laid down in this Directive cannot be impeded by the application of non-harmonised national provisions governing the properties, composition, conditions of exploitation, packaging, labelling or advertising of natural mineral waters or foodstuffs in general. Article 11 1. Where a Member State has detailed grounds for considering that a natural mineral water does not comply with the provisions laid down in this Directive, or endangers public health, albeit freely circulating in one or more Member States, that Member State may temporarily restrict or suspend trade in that product within its territory. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision. 2. At the request of any Member State or the Commission, the Member State which has recognised that water shall provide all relevant information concerning recognition of that water, together with the results of the regular checks. 3. The Commission shall examine as soon as possible the grounds adduced by the Member State referred to in paragraph 1 within the Standing Committee referred to in Article 14(1), and shall deliver its opinion forthwith and take appropriate measures. 4. If the Commission considers that amendments to this Directive are necessary in order to ensure the protection of public health, it shall adopt those amendments. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 14(3). The Member State which has adopted safeguard measures may, in that event, retain them until the amendments have been adopted. Article 12 The following measures shall be adopted by the Commission: (a) limits for the concentrations of constituents of natural mineral waters; (b) any necessary provisions for the indication on the labelling of high levels of certain constituents; (c) the conditions of use of ozone-enriched air referred to in point (b) of the first subparagraph of Article 4(1); (d) the information on the treatments referred to in Article 7(2)(c); (e) methods of analysis, including limits of detection, to verify the absence of pollution of natural mineral waters; (f) the sampling procedures and the methods of analysis necessary for checking the microbiological characteristics of natural mineral waters. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). Article 13 Any decision likely to have an effect on public health shall be adopted by the Commission following consultation of the European Food Safety Authority. Article 14 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002. 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 15 This Directive shall not apply to natural mineral waters intended for export to third countries. Article 16 Directive 80/777/EEC, as amended by the acts listed in Annex IV, Part A, is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex IV, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V. Article 17 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 18 This Directive is addressed to the Member States. Done at Brussels, 18 June 2009. For the European Parliament The President H.-G. PÖTTERING For the Council The President Š. FÜLE (1) OJ C 162, 25.6.2008, p. 87. (2) Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 28 May 2009. (3) OJ L 229, 30.8.1980, p. 1. (4) See Annex IV, Part A. (5) OJ L 109, 6.5.2000, p. 29. (6) OJ L 184, 17.7.1999, p. 23. (7) OJ L 311, 28.11.2001, p. 67. (8) OJ L 31, 1.2.2002, p. 1. (9) OJ L 330, 5.12.1998, p. 32. ANNEX I I. DEFINITION 1. ‘Natural mineral water’ means microbiologically wholesome water, within the meaning of Article 5, originating in an underground water table or deposit and emerging from a spring tapped at one or more natural or bore exits. Natural mineral water can be clearly distinguished from ordinary drinking water: (a) by its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects; (b) by its original purity, both characteristics having been preserved intact because of the underground origin of such water, which has been protected from all risk of pollution. 2. The characteristics referred to in point 1, which may give natural mineral water properties favourable to health, shall have been assessed: (a) from the following points of view: (i) geological and hydrological; (ii) physical, chemical and physico-chemical; (iii) microbiological; (iv) if necessary, pharmacological, physiological and clinical; (b) according to the criteria listed in Section II; (c) according to scientific methods approved by the responsible authority. The analyses referred to in point (a)(iv) of the first subparagraph may be optional where the water presents the compositional characteristics on the strength of which it was considered a natural mineral water in the Member State of origin prior to 17 July 1980. This is the case in particular when the water in question contains, per kg, both at source and after bottling, a minimum of 1 000 mg of total solids in solution or a minimum of 250 mg of free carbon dioxide. 3. The composition, temperature and other essential characteristics of natural mineral water shall remain stable within the limits of natural fluctuation; in particular, they shall not be affected by possible variations in the rate of flow. Within the meaning of Article 5(1), the normal viable colony count of natural mineral water means the reasonably constant total colony count at source before any treatment, the qualitative and quantitative composition of which, as taken into account in the recognition of that water, is checked by periodic analysis. II. REQUIREMENTS AND CRITERIA FOR APPLYING THE DEFINITION 1.1. Requirements for geological and hydrological surveys There shall be a requirement to supply the following particulars: 1.1.1. the exact site of the catchment with indication of its altitude, on a map with a scale of not more than 1:1 000; 1.1.2. a detailed geological report on the origin and nature of the terrain; 1.1.3. the stratigraphy of the hydrogeological layer; 1.1.4. a description of the catchment operations; 1.1.5. the demarcation of the area or details of other measures protecting the spring against pollution. 1.2. Requirements for physical, chemical and physico-chemical surveys These surveys shall establish: 1.2.1. the rate of flow of the spring; 1.2.2. the temperature of the water at source and the ambient temperature; 1.2.3. the relationship between the nature of the terrain and the nature and type of minerals in the water; 1.2.4. the dry residues at 180 °C and 260 °C; 1.2.5. the electrical conductivity or resistivity, with the measurement temperature having to be specified; 1.2.6. the hydrogen ion concentration (pH); 1.2.7. the anions and cations; 1.2.8. the non-ionised elements; 1.2.9. the trace elements; 1.2.10. the radio-actinological properties at source; 1.2.11. where appropriate, the relative isotope levels of the constituent elements of water, oxygen (16O — 18O) and hydrogen (protium, deuterium, tritium); 1.2.12. the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them. 1.3. Criteria for microbiological analyses at source These analyses shall include: 1.3.1. a demonstration of the absence of parasites and pathogenic micro-organisms; 1.3.2. a quantitative determination of the revivable colony count indicative of faecal contamination: (a) absence of Escherichia coli and other coliforms in 250 ml at 37 °C and 44,5 °C; (b) absence of faecal streptococci in 250 ml; (c) absence of sporulated sulphite-reducing anaerobes in 50 ml; (d) absence of Pseudomonas aeruginosa in 250 ml; 1.3.3. determination of the revivable total colony count per ml of water: (a) at 20 to 22 °C in 72 hours on agar-agar or an agar-gelatine mixture; (b) at 37 °C in 24 hours on agar-agar. 1.4. Requirements for clinical and pharmacological analyses 1.4.1. The analyses, which shall be carried out in accordance with scientifically recognised methods, shall be suited to the particular characteristics of the natural mineral water and its effects on the human organism, such as diuresis, gastric and intestinal functions, compensation for mineral deficiencies. 1.4.2. The establishment of the consistency and concordance of a substantial number of clinical observations may, if appropriate, take the place of the analyses referred to in point 1.4.1. Clinical analyses may, in appropriate cases, take the place of the analyses referred to in point 1.4.1 provided that the consistency and concordance of a substantial number of observations enable the same results to be obtained. III. SUPPLEMENTARY QUALIFICATIONS RELATING TO EFFERVESCENT NATURAL MINERAL WATERS At source or after bottling, effervescent natural mineral waters give off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure. They fall into three categories to which the following reserved designations respectively shall apply: (a) ‘naturally carbonated natural mineral water’ means water the carbon dioxide content of which from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances; (b) ‘natural mineral water fortified with gas from the spring’ means water the carbon dioxide content of which from the same water table or the same deposit after decanting, if any, and bottling is greater than that established at source; (c) ‘carbonated natural mineral water’ means water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes. ANNEX II CONDITIONS FOR EXPLOITATION AND MARKETING OF NATURAL MINERAL WATER 1. Exploitation of a natural mineral water spring shall be subject to permission from the responsible authority of the country where the water has been extracted, after it has been established that the water in question complies with the provisions laid down in Annex I, Section I. 2. Equipment for exploiting the water shall be so installed as to avoid any possibility of contamination and to preserve the properties, corresponding to those ascribed to it, which the water possesses at source. To that end, in particular: (a) the spring or outlet shall be protected against the risks of pollution; (b) the catchment, pipes and reservoirs shall be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water; (c) the conditions of exploitation, particularly the washing and bottling equipment, shall meet hygiene requirements; in particular, the containers shall be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the natural mineral water; (d) the transport of natural mineral water in containers other than those authorised for distribution to the ultimate consumer shall be prohibited. However, point (d) need not be applied to mineral waters extracted, exploited and marketed in the territory of a Member State if, in that Member State on 17 July 1980, transport of the natural mineral water in tanks from the spring to the bottling plant was authorised. Similarly, point (d) need not be applied to spring waters extracted, exploited and marketed in the territory of a Member State if, in that Member State on 13 December 1996, transport of the spring water in tanks from the spring to the bottling plant was authorised. 3. Where it is found during exploitation that the natural mineral water is polluted and no longer presents the microbiological characteristics laid down in Article 5, the person exploiting the spring shall forthwith suspend all exploitation, particularly the bottling process, until the cause of pollution is eradicated and the water complies with the provisions of Article 5. 4. The responsible authority in the country of origin shall carry out periodic checks to see whether: (a) the natural mineral water in respect of which exploitation of the spring has been authorised complies with the provisions of Annex I, Section I; (b) the provisions of points 2 and 3 are being applied by the person exploiting the spring. ANNEX III INDICATIONS AND CRITERIA LAID DOWN IN ARTICLE 9(2) Indications Criteria Low mineral content Mineral salt content, calculated as a fixed residue, not greater than 500 mg/l Very low mineral content Mineral salt content, calculated as a fixed residue, not greater than 50 mg/l Rich in mineral salts Mineral salt content, calculated as a fixed residue, greater than 1 500 mg/l Contains bicarbonate Bicarbonate content greater than 600 mg/l Contains sulphate Sulphate content greater than 200 mg/l Contains chloride Chloride content greater than 200 mg/l Contains calcium Calcium content greater than 150 mg/l Contains magnesium Magnesium content greater than 50 mg/l Contains fluoride Fluoride content greater than 1 mg/l Contains iron Bivalent iron content greater than 1 mg/l Acidic Free carbon dioxide content greater than 250 mg/l Contains sodium Sodium content greater than 200 mg/l Suitable for the preparation of infant food — Suitable for a low-sodium diet Sodium content less than 20 mg/l May be laxative — May be diuretic — ANNEX IV PART A Repealed Directive with list of its successive amendments (referred to in Article 16) Council Directive 80/777/EEC (OJ L 229, 30.8.1980, p. 1) Council Directive 80/1276/EEC (OJ L 375, 31.12.1980, p. 77). Article 1, third indent only Council Directive 85/7/EEC (OJ L 2, 3.1.1985, p. 22). Article 1, point 10 only Point B.1.(o) of Annex I to the 1985 Act of Accession (OJ L 302, 15.11.1985, p. 214). Directive 96/70/EC of the European Parliament and of the Council (OJ L 299, 23.11.1996, p. 26). Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). Annex III, point 4 only PART B Time-limits for transposition into national law (referred to in Article 16) Directive Time-limit for transposition Permission of trade in products complying with this Directive Prohibition of trade in products not complying with this Directive 80/777/EEC — 18 July 1982 18 July 1984 80/1276/EEC — — — 85/7/EEC — — — 96/70/EC — 28 October 1997 28 October 1998 (1) (1) However, trade in products placed on the market or labelled before the date and not conforming with this Directive may continue until stocks run out. ANNEX V CORRELATION TABLE Directive 80/777/EEC This Directive Article 1(1) Article 1(1) Article 1(2) Article 1(2) Article 1(3), first and second indents Article 1(3), points (a) and (b) Article 1(4) Article 1(4) Article 1(5) Article 1(5) Article 2 Article 2 Article 3 Article 3 Article 4(1), point (a) Article 4(1), first subparagraph, point (a) Article 4(1), point (b), first and second indents Article 4(1), first subparagraph, points (b)(i) and (ii) Article 4(1), point (c), first and second indents Article 4(1), first subparagraph, points (c)(i) and (ii) Article 4(1), point (d) Article 4(1), first subparagraph, point (d) — Article 4(1), second subparagraph Article 4(2) Article 4(2) Article 4(3) Article 4(3) Article 4(4) Article 4(1), third subparagraph Article 5(1) Article 5(1) Article 5(2) Article 5(2) Article 5(3), first and second indents Article 5(3), points (a) and (b) Article 6 Article 6 Article 7(1) Article 7(1) Article 7(2) Article 7(2) Article 7(2a) Article 7(3) Article 8 Article 8 Article 9(1) Article 9(1) Article 9(2), points (a), (b) and (c) Article 9(2), first, second and third subparagraphs Article 9(3) Article 9(3) Article 9(4) — Article 9(4a), first subparagraph, first to fourth indents Article 9(4), first subparagraph, points (a) to (d) Article 9(4a), second subparagraph Article 9(4), second subparagraph Article 9(4b) Article 9(5) Article 10(1) Article 10 Article 10a Article 11 Article 11(1), first to fourth indents Article 12, points (a) to (d) Article 11(2), first and second indents Article 12, points (e) and (f) Article 11a Article 13 Article 12(1) Article 14(1) Article 12(2) Article 14(2) and (3) Article 12(3) — Article 13 — Article 14 Article 15 Article 15 — Article 16 — — Article 16 — Article 17 Article 17 Article 18 Annex I, part I, point 1 Annex I, part I, point 1 Annex I, part I, point 2, first paragraph, points (a)(1) to (4) Annex I, part I, point 2, first paragraph, points (a)(i) to (iv) Annex I, part I, point 2, first paragraph, point (b) Annex I, part I, point 2, first paragraph, point (b) Annex I, part I, point 2, first paragraph, point (c) Annex I, part I, point 2, first paragraph, point (c) Annex I, part I, point 2, second paragraph Annex I, part I, point 2, second paragraph Annex I, part I, point 3 Annex I, part I, point 3 Annex I, part II, point 1.1 Annex I, part II, point 1.1 Annex I, part II, point 1.2 Annex I, part II, point 1.2 Annex I, part II, point 1.3 Annex I, part II, point 1.3 Annex I, part II, point 1.3.1 Annex I, part II, point 1.3.1 Annex I, part II, point 1.3.2 Annex I, part II, point 1.3.2 Annex I, part II, point 1.3.3, points (i) and (ii) Annex I, part II, point 1.3.3, points (a) and (b) Annex I, part II, point 1.4 Annex I, part II, point 1.4 Annex I, part III Annex I, part III Annex II Annex II Annex III Annex III — Annex IV — Annex V

Summary: EU standards for natural mineral waters EU standards for natural mineral waters SUMMARY OF: Directive 2009/54/EC — exploitation and marketing of natural mineral waters SUMMARY WHAT DOES THIS DIRECTIVE DO? It harmonises the conditions under which natural mineral waters may be sold in the EU and ensures these are safe for human consumption. KEY POINTS National authorities must ensure the water complies with the EU legislation before they award it natural mineral water status. Each EU country informs the European Commission when this recognition is granted or withdrawn. Natural mineral water imported into the EU must be certified and satisfy the same criteria as domestic competitors. Natural mineral water may not undergo any treatment apart, for instance, from the separation of unstable elements such as iron and sulphur compounds. At source, and when on sale, natural mineral waters must be free from parasites, various coliforms (types of bacteria) and other ingredients dangerous to human health. Containers for natural mineral waters must be properly sealed to avoid any possible contamination. Natural mineral waters may be sold, where appropriate, according to the following definitions: natural mineral water carbonated* natural mineral water naturally carbonated* natural mineral water natural mineral water fortified with gas from the spring. Labels must also give the following information: details of the water’s analytical composition the name and place of the spring used information on any treatment the water has undergone. It is illegal to use more than one trade description to market natural mineral water from the same spring. It is illegal to claim that the water has characteristics it does not possess. The term ‘spring water’ can only be used for water intended for human consumption in its natural state, bottled at source and meets the legislation's health and labelling conditions. A national authority which considers that a natural mineral water could be a danger to human health may restrict or ban its sale. It informs other EU countries and the Commission. The legislation does not apply to waters considered to be medicinal products or to natural mineral waters used as cures in thermal and hydrothermal spas. FROM WHEN DOES THE DIRECTIVE APPLY? It applies from 16 July 2009. BACKGROUND For more information, see ‘Natural Mineral Waters and Spring Water’ on the European Commission’s website. KEY TERMS * carbonated natural mineral water: water to which has been added carbon dioxide (CO2) of an origin other than the water table or deposit from which the water comes. * naturally carbonated natural mineral water: water the CO2 content of which from the spring after decanting, if any, and bottling is the same as at source. This takes into account, where appropriate, the reintroduction of a quantity of CO2 from the same water table or deposit equivalent to that released in the course of those operations. ACT Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ L 164, 26.6.2009, pp. 45-58) last update 12.04.2016