Commission Delegated Regulation (EU) 2023/2485 Annex I

ANNEX I

AMENDMENTS TO ANNEX I TO DELEGATED REGULATION (EU) 2021/2139

Annex I to Delegated Regulation (EU) 2021/2139 is amended as follows:

(1)

Section 3.3., subsection ‘Technical screening criteria’ is amended as follows:

subsection ‘Substantial contribution to climate change mitigation’, is amended as follows:

in point (l), the following point (v) is added:

from 1 January 2026, vessels that are able to run on zero direct (tailpipe) CO₂ emission fuels or on fuels from renewable sources^*1 have an attained Energy Efficiency Design Index (EEDI) value equivalent to reducing the EEDI reference line by at least 20 percentage points below the EEDI requirements applicable on 1 April 2022^*2, and:

are able to plug-in at berth;

for gas-fuelled ships, demonstrate the use of state-of-the-art measures and technologies to mitigate methane slippage emissions.’;

in point (m), the following point (iv) is added:

from 1 January 2026, vessels that are able to run on zero direct (tailpipe) CO₂ emission fuels or on fuels from renewable sources^*3 have an attained Energy Efficiency Design Index (EEDI) value equivalent to reducing the EEDI reference line by at least 20 percentage points below the EEDI requirements applicable on 1 April 2022^*4, and:

are able to plug-in at berth;

for gas-fuelled ships, demonstrate the use of state-of-the-art measures and technologies to mitigate methane slippage emissions.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following:

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. Where applicable, vehicles do not contain lead, mercury, hexavalent chromium and cadmium.

^*1	Fuels that meet the technical screening criteria specified in Sections 3.10. and 4.13. of this Annex.

^*2

EEDI requirements specified as a percentage reduction factor, to be applied to the EEDI reference value, as agreed by the Marine Environment Protection Committee of the International Maritime Organization on its seventy-fifth session. The defined percentage points in the technical screening criteria for EEDI shall be added to EEDI percentage reduction factor.

^*3	Fuels that meet the technical screening criteria specified in Sections 3.10. and 4.13. of this Annex.

^*4

EEDI requirements defined as a percentage reduction factor, to be applied to the EEDI reference value, as agreed by the Marine Environment Protection Committee of the International Maritime Organization on its seventy-fifth session. The defined percentage points in the technical screening criteria for EEDI shall be added to EEDI percentage reduction factor.’;

(2)

the following Sections 3.18., 3.19., 3.20. and 3.21. are added: ‘3.18. Manufacture of automotive and mobility components Description of the activity Manufacture, repair, maintenance, retrofitting, repurposing and upgrade of mobility components for zero-emission personal mobility devices and of automotive and mobility systems, components, separate technical units, parts and spare parts as defined in Article 3, points (18) to (21) and (23) of Regulation (EU) 2018/858 of the European Parliament and of the Council^*1, type approved, designed, and constructed for use only in vehicles and buses of category M1, M2, M3, N1, N2 and N3, and in Article 3, points (15) to (18) and (21) in Regulation (EU) No 168/2013 of the European Parliament and of the Council^*2, type approved, designed, and constructed for use only in vehicles of category L meeting the criteria set out in this Section and which are essential for delivering and improving the environmental performance of the vehicle. The economic activities in this category are excluded from Sections 3.3. and 3.6. of this Annex. Where Sections 3.2. and 3.4. of this Annex are applicable, the economic activities in this category are excluded from this Section. The economic activities in this category could be associated with several NACE codes, in particular C22.2, C26.1, C26.2, 26.3, 26.4, C28.14, C28.15, C29.2, C29.3, and C33.17 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section. Technical screening criteria 3.19. Manufacture of rail rolling stock constituents Description of the activity Manufacture, installation, technical consulting, retrofitting, upgrade, repair, maintenance, and repurposing of products, equipment, systems, and software related to the rail constituents detailed in Point 2.7 of Annex II to Directive (EU) 2016/797. These constituents and services are essential to the environmental performance, operation and functioning over the lifetime of rail rolling stock that comply with Section 3.3. of this Annex. The economic activities in this category could be associated with several NACE codes, in particular, C30.2 C27.1, C27.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. The economic activities in this category are excluded from Sections 3.3. and 3.6. of this Annex. An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section. Technical screening criteria 3.20. Manufacture, installation, and servicing of high, medium and low voltage electrical equipment for electrical transmission and distribution that result in or enable a substantial contribution to climate change mitigation Description of the activity The economic activity develops, manufactures, installs, maintains or services electrical products, equipment or systems, or software aimed at substantial GHG emission reductions in high, medium and low voltage electrical transmission and distribution systems through electrification, energy efficiency, integration of renewable energy or efficient power conversion. The economic activity includes systems to integrate renewable sources of energy in the electric grid, interconnect or increase grid automation, flexibility and stability, manage demand-side response, develop low carbon transport or heat, or deploy smart metering technologies for substantial improvement of energy efficiency. The economic activity in this category does not include heat and power generating equipment and electrical appliances. Where an economic activity falls under this Section and Section 4.9. of this Annex, Section 4.9. of this Annex applies. The economic activities in this category could be associated with several NACE codes, in particular C26.51, C27.1, C27.3, C27.9, C33.13, C33.14 and C33.2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. An economic activity in this category is an enabling activity as referred to in Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section. Technical screening criteria 3.21. Manufacturing of aircraft Description of the activity Manufacture, repair, maintenance, overhaul, retrofitting, design, repurposing and upgrade of aircraft and aircraft parts and equipment^*11. The economic activities in this category could be associated with a NACE code, in particular C30.3 and C33.16, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. Where an economic activity in this category does not fulfil the substantial contribution criterion specified in point (a) of this Section, the activity is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852, provided it complies with the remaining technical screening criteria set out in this Section. Technical screening criteria ^*1 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). ^*2 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). ^*3 As referred to in Article 4(1), point (a), of Regulation (EU) 2018/858. ^*4 As defined in Article 4(1), points (a) and (b) of Regulation (EU) 2018/858. ^*5 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂ emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast) (OJ L 111, 25.4.2019, p. 13). ^*6 As defined in Article 4 of Regulation (EU) No 168/2013. ^*7 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO₂ emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202). ^*8 Commission Regulation (EU) No 548/2014 of 21 May 2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers (OJ L 152, 22.5.2014, p. 1). ^*9 Commission Regulation (EU) 2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Regulation (EC) No 641/2009 with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products and repealing Commission Regulation (EC) No 640/2009 (OJ L 272, 25.10.2019, p. 74). ^*10 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (OJ L 285, 31.10.2009, p. 10). ^*11 The activity includes manufacturing of parts and equipment and provision of related services, as well as Maintenance, Repair and Overhaul (MRO), to the extent that these can be linked to an eligible aircraft type and improves or maintains the level of efficiency of the aircraft. ^*12 Volume 3 (CO₂ emissions) of the environmental protection standard of the International Civil Aviation Organization (ICAO) contained in Annex 16 to the Chicago Convention, first edition.’;

Substantial contribution to climate change mitigation
The economic activity manufactures, repairs, maintains, retrofits, repurposes and upgrades components that are essential for delivering and improving the environmental performance for the following vehicles: urban, suburban and road passenger transport devices, where the direct (tailpipe) CO₂ emissions of the vehicles are zero; vehicles designated as categories M2 and M3^3 where the direct (tailpipe) CO₂ emissions of the vehicles are zero; vehicles of category M1 and N1 classified as light-duty vehicles^4 where specific emissions of CO₂, as defined in Article 3(1), point (h), of Regulation (EU) 2019/631 of the European Parliament and of the Council^5, are zero; vehicles of category L^6 with tailpipe CO₂ emissions equal to 0 g CO₂e/km calculated in accordance with the emission test laid down in Regulation (EU) No 168/2013; vehicles of categories N2 and N3, and N1 classified as heavy-duty vehicles, not dedicated to transporting fossil fuels with a technically permissible maximum laden mass not exceeding 7,5 tonnes that are “zero-emission heavy-duty vehicles” as defined in Article 3, point (11), of Regulation (EU) 2019/1242 of the European Parliament and of the Council^*7. The economic activity manufactures, repairs, maintains, retrofits, repurposes and upgrades mobility components for personal mobility devices with a propulsion that comes from the physical activity of the user, from a zero-emissions motor, or a mix of zero-emissions motor and physical activity.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	The activity complies with the criteria set out in Appendix B to this Annex
Transition to a circular economy	The activity assesses the availability of and, where feasible, adopts techniques that support: reuse and use of secondary raw materials and re-used components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal, in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex Where applicable, the components and parts do not contain lead, mercury, hexavalent chromium and cadmium.
Protection and restoration of biodiversity and ecosystems	The activity complies with the criteria set out in Appendix D to this Annex.

Substantial contribution to climate change mitigation
The economic activity manufactures, installs, retrofits, repairs, maintains, upgrades or repurposes products, equipment, systems or software related to the following rail constituents detailed in Point 2.7 of Annex II to Directive (EU) 2016/797 or provides related technical consulting services: These constituents and services are essential to the environmental performance, operation and functioning over the lifetime of one or more of the technologies listed below: trains, passenger coaches and wagons that have zero direct (tailpipe) CO₂ emissions that comply with Section 3.3. of Annex I to this Regulation; trains, passenger coaches and wagons that have zero direct tailpipe CO₂ emission when operated on a track with necessary infrastructure, and use a conventional engine where such infrastructure is not available (bimode) that comply with Section 3.3. of Annex I to this Regulation.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	The activity complies with the criteria set out in Appendix B to this Annex.
Transition to a circular economy	The activity assesses the availability of and, where feasible, adopts techniques that support: reuse and use of secondary raw materials and re-used components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal, in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex. Where applicable, vehicles do not contain lead, mercury, hexavalent chromium and cadmium.
Protection and restoration of biodiversity and ecosystems	The activity complies with the criteria set out in Appendix D to this Annex.

Substantial contribution to climate change mitigation
The activity manufactures, installs, or maintains one or more of the following, or provides maintenance, repair and technical consulting services essential to the functioning over the lifetime of one or more of the following: electric vehicle charging stations and supporting electric infrastructure for the electrification of transport that is installed primarily to enable electric vehicle charging. Any activity included in Section 7.4. is excluded from this point; transmission and distribution current-carrying wiring devices and non-current-carrying wiring devices for wiring electrical circuits, and transformers that comply with the Tier 2 (1 July 2021) requirements for large power transformers set out in Annex I to Commission Regulation (EU) No 548/2014^8, and medium power transformers with highest voltage for equipment not exceeding 36 kV, with AA0 level requirements on no-load losses set out in standard EN 50708 series, provided those devices and transformers contribute to increasing the proportion of renewable energy in the system or improve energy efficiency; low voltage electrical products, equipment and systems, that increase the controllability of the electricity system, and contribute to increasing the proportion of renewable energy or improve energy efficiency, that are: low voltage circuit breakers, switchgears, switchboards, panel boards or control centres that are connectable, automated or equipped with power or energy metering devices and that comply with IEC TR 63196 Low-Voltage Switchgear and Control gear and their assemblies – Energy efficiency; Home and Building Electronic Systems (HBES), as referred to in EN IEC 63044 series, where the products and systems are needed to measure, control and reduce energy consumption; technologies that enable to increase the energy efficiency of low voltage installations, recognised under HD 60364-8-1: Low-voltage electrical installations – Part 8-1: Energy efficiency and HD 60364-8-82: Low-voltage electrical installations – Part 8-82: Functional aspects – Prosumer’s low-voltage electrical installations, including energy and power meters, external customer display, power compensation, phase compensation and filtering and efficient electric motor-driven systems; high and medium voltage switchgears and control gears that increase the controllability of the electricity system, are integrated to increase the proportion of renewable energy or improve energy efficiency. The equipment referred to in this point (d) complies with EN 62271-1 High-voltage switchgear and control gear – Part 1: Common specifications for alternating current switchgear and control gear and EN 62271-200 High-voltage switchgear and control gear – Part 200: AC metal-enclosed switchgear and control gear for rated voltages above 1 kV and up to and including 52 kV or with EN 62271-203 High-voltage switchgear and control gear – Part 203: Gas-insulated metal-enclosed switchgear for rated voltages above 52kV; demand response and load shifting equipment, systems and services that increase the flexibility of the electricity system and support grid stability, that include: solutions to carry information to users for remotely acting on supply or consumption, including customer data hubs; automated control centres for load management and their core components (switchboards, contactors, relays, circuit breakers, automatic transfer switches). Core components are installed as part of control centres; where not included in Section 8.2., advanced software and analytics to maximise efficiency and automation of electricity networks or integration of decentralised energy resources, at the level of the electricity grid or an industry, that include: advanced control rooms, automation of electrical substations, voltage control capabilities; operation software enabling operators to simulate the operation of grids for the purpose of ensuring grid stability, managing Distributed Energy Resources or improving grid performance. The software supports dynamic grid characteristics required for the transition towards renewable energy. It is capable of processing data from near-real time grid measurements to observe how the power transmission, distribution and consumption really occur, and use this information to improve simulation studies and operation activities, including the avoidance of outages, black-outs, and wastes; where not included in Section 8.2., software supporting the design and planning of new grids or grid upgrades. The software supports dynamic grid characteristics required for the transition towards renewable energy, including volatile power generation at distribution level (“prosumers”), changing of power flow directions, and the use of grid storage units; meteorological sensors for forecasting renewable electricity production; stand-alone or embedded connectable controllers and relays that enable an efficient use of electrical sources and loads; load-shedding and load-shifting equipment for load management and source-switching equipment, where the equipment is compliant with EN IEC 62962:2019 Particular requirements for load-shedding equipment; where not included in Section 8.2., communication systems, software and control equipment, products, systems and services for energy efficiency or integration of renewable energy: equipment to allow for exchange specifically of renewable electricity between users; battery swapping technology or service, supporting the electrification of transport; microgrid management systems; energy or power management systems, energy or power controls systems and SCADA systems for power management; contactors, motor starters and motor controls that are connectable or automated and enable remote or automated control of electricity consumption and optimisation of load variation; variable speed drives and other variable speed drive solutions, excluding soft starters, that enable energy efficiency in electrical motor applications, where the equipment is compliant with EN 61800-9-1: Adjustable speed electrical power drive systems – Part 9-1: Ecodesign for power drive systems, motor starters, power electronics and their driven applications – General requirements for setting energy efficiency standards for power driven equipment using the extended product approach (EPA) and semi analytic model (SAM) and EN 61800-9-2: Adjustable speed electrical power drive systems – Part 9-2: Ecodesign for power drive systems, motor starters, power electronics and their driven applications – Energy efficiency indicators for power drive systems and motor starters; low-voltage electrical motors with an energy efficiency class (according to EN 60034-30-1: Rotating electrical machines – Part 30-1: Efficiency classes of line operated AC motors (IE code)) exceeding the requirements set by Commission Regulation (EU) 2019/1781^9, specifically: single-phase motors with a rated output of 0,12 kW or higher and an efficiency class of IE3 or higher; Ex eb increased safety motors with a rated output between 0,12 kW and 1 000 kW, with 2, 4, 6 or 8 poles and an efficiency class IE3 or higher; 3-phase motors with a rated output between 0,75 kW and 1 000 kW, with 2, 4, 6 or 8 poles, which are not Ex eb increased safety motors and have (i) an efficiency class of IE5 for motors with 2,4 or 6 poles and a rated power between 75 kW and 200 kW, (ii) an efficiency class of IE 4 or higher for all other motors; 3-phase motors with a rated output between 0,12 kW and 0,75 kW, with 2, 4, 6 or 8 poles, which are not Ex eb increased safety motors and have an efficiency class of IE3 or higher; 3-phase VSD only motors with a rated output between 0,75 kW and 1 000 kW with 2, 4, 6 or 8 poles, classified according to the EN IEC TS 60034-30-2 and an efficiency class IE5; medium- and high-voltage motors with a rated power above 1 000 kW and an energy efficiency class IE 4 or higher according to draft standard IEC 60034-30-3. The following elements are not compliant: infrastructure dedicated to creating a direct connection or expanding an existing direct connection between a substation or network and a power production plant that is more greenhouse gas intensive than 100 g CO₂e/kWh measured on a life cycle basis. That exclusion only applies to equipment that is directly used to connect, or reinforce the connection to, a power production plant that is more greenhouse gas intensive than 100 g CO₂e/kWh measured on a life cycle basis; products, equipment, systems and software that are installed in an infrastructure dedicated to the extraction, transport, distribution, storage, manufacturing or transformation of fossil fuels. Switchgears with insulating or breaking medium using, or whose functioning relies on gases with a Global Warming Potential above 10 are not compliant. For all power ranges, switchgears containing SF6 are not compliant. All products, equipment and systems comply with mandatory energy and material efficiency performance requirements laid down in Directive 2009/125/EC of the European Parliament and of the Council^*10. Manufacturers refer to the latest applicable performance requirements in the Union.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	The activity complies with the criteria set out in Appendix B to this Annex.
Transition to a circular economy	The activity assesses the availability of and, where feasible, adopts techniques that support: reuse and use of secondary raw materials and reused components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex.
Protection and restoration of biodiversity and ecosystems	The activity complies with the criteria set out in Appendix D to this Annex.

Substantial contribution to climate change mitigation
The activity manufactures, repairs, maintains, overhauls, retrofits, designs, repurposes or upgrades one of the following: the aircraft with zero direct (tailpipe) CO₂ emissions; until 31 December 2027, the aircraft, other than produced for private or commercial business aviation, meeting the margins specified below and limited by the replacement ratio to ensure that the delivery does not increase the worldwide fleet number: having maximum take-off mass greater than 5,7 t and less than or equal to 60 t and a certified metric value of CO₂ emissions of at least 11 % less than the New Type limit of the International Civil Aviation Organization (ICAO) standard^*12; having a maximum take-off mass greater than 60 t and less than or equal to 150 t and a certified metric value of CO₂ emissions of at least 2 % less than the New Type limit of the ICAO standard; having a maximum take-off mass greater than 150 t and a certified metric value of CO₂ emissions of at least 1,5 % less than the New Type limit of the ICAO standard. The share of Taxonomy compliance of eligible aircraft shall be limited by the replacement ratio. The replacement ratio shall be calculated based on the proportion of aircraft permanently withdrawn from use to aircraft delivered at the global level averaged over the preceding 10 years as evidenced by verified data available from independent data providers. In the absence of a certificate on the metric values of CO₂ emissions confirming the required margin to the New Type limit of the ICAO standard, the aircraft manufacturer shall deliver a declaration that the aircraft meets the required level of performance and margins of improvement with the condition that the aircraft is certified by 11 December 2026; from 1 January 2028 to 31 December 2032, the aircraft meeting the technical screening criteria set out in point (b) of this subsection that is certified to operate on 100 % blend of sustainable aviation fuels.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	The activity complies with the criteria set out in Appendix B to this Annex.
Transition to a circular economy	The activity assesses the availability of and, where feasible, adopts techniques that support: Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. reuse and use of secondary raw materials and re-used components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex. The aircraft complies with Article 9(2) of Regulation (EU) 2018/1139. The aircraft referred to in points (b) and (c) of this Section complies with the following standards: amendment 13 of Volume I (noise), Chapter 14 of Annex 16 to the Chicago Convention, where the sum of the differences at all three measurement points between the maximum noise levels and the maximum permitted noise levels specified in 14.4.1.1, 14.4.1.2 and 14.4.1.3, shall not be less than 22 EPNdB; amendment 10 of Volume II (engine emissions), Chapters 2 and 4, of Annex 16 to the Chicago Convention.
Protection and restoration of biodiversity and ecosystems	The activity complies with the criteria set out in Appendix D to this Annex.

(3)

in Section 4.4., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm’ (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control Measures are in place to minimise toxicity of anti-fouling paint and biocides as laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council^*1. ^*1 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).’;

(4)

in Section 4.9., subsection ‘Technical screening criteria’, point 2, point (c) is replaced by the following:

installation of transmission and distribution transformers that comply with the Tier 2 (1 July 2021) requirements set out in Annex I to Commission Regulation (EU) No 548/2014 and, for medium power transformers with highest voltage for equipment not exceeding 36 kV, with AA0 level requirements on no-load losses set out in standard EN 50588-1^*1.

^*1	CEI EN 50588-1 Medium power transformers 50 Hz, with highest voltage for equipment not exceeding 36 kV.’;

(5)

in Section 4.26., subsection ‘Technical screening criteria’, subsection ‘Additional criteria pertaining to Do no significant harm (“DNSH”)’, point (3) is replaced by the following: ‘(3) Sustainable use and protection of water and marine resources The activity complies with the criteria set out in Appendix B to this Annex. Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned. In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control: (a) the maximum temperature of the recipient freshwater body after mixing, and (b) the maximum temperature difference between the discharged cooling water and the recipient freshwater body. The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with Union law. The activity complies with the International Finance Corporation (IFC) standards. Nuclear activities are operated in compliance with the requirements of Directive 2000/60/EC and of Council Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.’

(6)

in Section 4.27., subsection ‘Technical screening criteria’, subsection ‘Additional criteria pertaining to Do no significant harm (“DNSH”)’, point (3) is replaced by the following: ‘(3) Sustainable use and protection of water and marine resources The activity complies with the criteria set out in Appendix B to this Annex. Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned. In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control: (a) the maximum temperature of the recipient freshwater body after mixing, and (b) the maximum temperature difference between the discharged cooling water and the recipient freshwater body. The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with Union law. The activity complies with the International Finance Corporation (IFC) standards. Nuclear activities are operated in compliance with Directive 2000/60/EC regarding water bodies used for the abstraction of drinking water and Council Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.’

(7)

in Section 4.28., subsection ‘Technical screening criteria’, subsection ‘Additional criteria pertaining to Do no significant harm (“DNSH”)’, point (3) is replaced by the following: ‘(3) Sustainable use and protection of water and marine resources The activity complies with the criteria set out in Appendix B to this Annex. Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned. In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control: (a) the maximum temperature of the recipient freshwater body after mixing, and (b) the maximum temperature difference between the discharged cooling water and the recipient freshwater body. The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with Union law. The activity complies with the International Finance Corporation (IFC) standards. Nuclear activities are operated in compliance with the requirements of Directive 2000/60/EC regarding water bodies used for the abstraction of drinking water and Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.’

(8)

in Section 6.3., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control For road vehicles of category M, tyres comply with external rolling noise requirements in the highest populated class and with Rolling Resistance Coefficient (influencing the vehicle energy efficiency) in the highest two populated classes as set out in Regulation (EU) 2020/740 and as can be verified from the European Product Registry for Energy Labelling (EPREL). Where applicable, vehicles comply with the requirements of the most recent applicable stage of the Euro VI heavy duty emission type-approval set out in accordance with Regulation (EC) No 595/2009.’

(9)

in Section 6.5., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control Vehicles comply with the requirements of the most recent applicable stage of the Euro 6 light-duty emission type-approval^*1 set out in accordance with Regulation (EC) No 715/2007. Vehicles comply with the emission thresholds for clean light-duty vehicles set out in Table 2 of the Annex to Directive 2009/33/EC of the European Parliament and of the Council^*2. For road vehicles of categories M and N, tyres comply with external rolling noise requirements in the highest populated class and with Rolling Resistance Coefficient (influencing the vehicle energy efficiency) in the highest two populated classes as set out in Regulation (EU) 2020/740 and as can be verified from the European Product Registry for Energy Labelling (EPREL). Vehicles comply with Regulation (EU) No 540/2014 of the European Parliament and of the Council^*3. ^*1 Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (OJ L 301, 27.11.2018, p. 1). ^*2 Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5). ^*3 Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).’;

(10)

in Section 6.6., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control For road vehicles of categories M and N, tyres comply with external rolling noise requirements in the highest populated class and with Rolling Resistance Coefficient (influencing the vehicle energy efficiency) in the highest two populated classes as set out in Regulation (EU) 2020/740 and as can be verified from the European Product Registry for Energy Labelling (EPREL). Vehicles comply with the requirements of the most recent applicable stage of the Euro VI heavy duty emission type-approval^*1 set out in accordance with Regulation (EC) No 595/2009. Vehicles comply with Regulation (EU) No 540/2014. ^*1 Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (OJ L 167, 25.6.2011, p. 1).’;

(11)

Section 6.7. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point (c) is added:

where technologically and economically not feasible to comply with point (a), from 1 January 2026 onwards the yearly average greenhouse gas intensity of the energy used on-board by a ship during a reporting period^*1 does not exceed the following limits:

76,4 g CO₂e/MJ from 1 January 2026 until 31 December 2029;

61,1 g CO₂e/MJ from 1 January 2030 until 31 December 2034;

45,8 g CO₂e/MJ from 1 January 2035 until 31 December 2039;

30,6 g CO₂e/MJ from 1 January 2040 until 31 December 2044;

15,3 g CO₂e/MJ from 1 January 2045 until 31 December 2049;

0 g CO₂e/MJ from 1 January 2050.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (4) is replaced by the following:

Transition to a circular economy

^*1

The greenhouse gas intensity of the energy used on-board by a ship is verified by an independent third party and calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology and default values specified in a Regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC.’;

(12)

Section 6.8. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1., point (c) is added:

where technologically and economically not feasible to comply with point (a), from 1 January 2026 onwards, the yearly average greenhouse gas intensity of the energy used on-board by a ship or a company’s fleet during a reporting period^*1 does not exceed the following limits:

76,4 g CO₂e/MJ from 1 January 2026 until 31 December 2029;

61,1 g CO₂e/MJ from 1 January 2030 until 31 December 2034;

45,8 g CO₂e/MJ from 1 January 2035 until 31 December 2039;

30,6 g CO₂e/MJ from 1 January 2040 until 31 December 2044;

15,3 g CO₂e/MJ from 1 January 2045 until 31 December 2049;

0 g CO₂e/MJ from 1 January 2050.’

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, points (4) and (5) are replaced by the following:

Transition to a circular economy

Pollution prevention and control

Engines in vessels comply with emission limits set out in Annex II to Regulation (EU) 2016/1628 (including vessels meeting those limits without type-approved solutions such as through after-treatment).

^*1

(13)

Section 6.9. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1. is replaced by the following:

The retrofitting activity achieves one or more of the following:

reduces fuel consumption of the inland passenger vessel by at least 15 % expressed per unit of energy per complete journey (full passenger cruise), as demonstrated by a comparative calculation for the representative navigation areas (including representative load profiles and docking) in which the vessel is to operate or by means of the results of model tests or simulations;

reduces fuel consumption of the inland freight vessel by at least 15 % expressed per unit of energy per tonne kilometre, as demonstrated by a comparative calculation for the representative navigation areas (including representative load profiles) in which the vessel is to operate or by means of the results of model tests or simulations.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, points (4) and (5) are replaced by the following:

Transition to a circular economy

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. Engines in vessels comply with emission limits set out in Annex II to Regulation (EU) 2016/1628 (including vessels meeting those limits without type-approved solutions such as through after-treatment).’

(14)

Section 6.10. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1., the following points (e) and (f) are added:

where technologically and economically not feasible to comply with point (a), from 1 January 2026, the vessels that are able to run on zero direct (tailpipe) CO₂ emission fuels or on fuels from renewable sources^*1 have an attained Energy Efficiency Design Index (EEDI) value equivalent to reducing the EEDI reference line by at least 20 percentage points below the EEDI requirements applicable on 1 April 2022^*2, and:

are able to plug-in at berth;

for gas-fuelled ships, demonstrate the use of state-of-the-art measures and technologies to mitigate methane slippage emissions;

where technologically and economically not feasible to comply with the criterion in point (a), from 1 January 2026, in addition to an attained Energy Efficiency Existing Ship Index (EEXI) value equivalent to reducing the EEDI reference line by at least 10 percentage points below the EEXI requirements applicable on 1 January 2023^*3, the yearly average greenhouse gas intensity of the energy used on-board by a ship during a reporting period^*4 does not exceed the following limits:

76,4 g CO₂e/MJ from 1 January 2026 until 31 December 2029;

61,1 g CO₂e/MJ from 1 January 2030 until 31 December 2034;

45,8 g CO₂e/MJ from 1 January 2035 until 31 December 2039;

30,6 g CO₂e/MJ from 1 January 2040 until 31 December 2044;

15,3 g CO₂e/MJ from 1 January 2045.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’ points (4) and (5) are replaced by the following:

Transition to a circular economy

Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. For existing ships above 500 gross tonnage and the new-built ones replacing them, the activity complies with the requirements of Regulation (EU) No 1257/2013 of the European Parliament and of the Council^*5. The scrap ships are recycled in facilities included on the European List of ship recycling facilities as laid down in Commission Implementing Decision 2016/2323^*6. The activity complies with Directive (EU) 2019/883 of the European Parliament and of the Council^*7 as regards the protection of the marine environment against the negative effects from discharges of waste from ships. The ship is operated in accordance with Annex V to the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (the IMO MARPOL Convention), in particular to produce reduced quantities of waste and to reduce legal discharges, by managing its waste in a sustainable and environmentally sound manner.

Pollution prevention and control

As regards the reduction of sulphur oxides emissions and particulate matters, vessels comply with Directive (EU) 2016/802 of the European Parliament and of the Council^*8, and with Regulation 14^*9 of Annex VI to the IMO MARPOL Convention. Sulphur in fuel content does not exceed 0,5 % in mass (the global sulphur limit) and 0,1 % in mass in emission control area (ECA) for sulphur oxides designated in the North and Baltic Seas as well as in the Mediterranean Sea (as of 2025) by the IMO^*10. As regards nitrogen oxides (NO_x) emissions, vessels comply with Regulation 13^*11 of Annex VI to IMO MARPOL Convention. Tier II NOx requirement applies to ships constructed after 2011. Only while operating in NO_x emission control areas established under IMO rules, ships constructed after 1 January 2016 comply with stricter engine requirements (Tier III) reducing NOx emissions^*12. Discharges of black and grey water comply with Annex IV to the IMO MARPOL Convention. Measures are in place to minimise toxicity of anti-fouling paint and biocides as laid down in Regulation (EU) No 528/2012.

^*1	Fuels that meet the technical screening criteria specified in Sections 3.10 and 4.13 of this Annex.

^*2

^*3

EEXI requirements defined as a percentage reduction factor, to be applied to the EEDI reference value, as agreed by the Marine Environment Protection Committee of the International Maritime Organization on its seventy-sixth session. The defined percentage points in the Taxonomy technical screening criteria for EEXI must be added to EEXI percentage reduction factor. (Attained Energy Efficiency Existing Ship Index (EEXI), mandatory from 1 January 2023 for all ships in maritime freight/passenger transport, to measure their energy efficiency and to initiate the collection of data for the reporting of their annual operational carbon intensity indicator (CII) and CII rating. (version of 27.6.2023: https://www.imo.org/en/MediaCentre/HotTopics/Pages/EEXI-CII-FAQ.aspx).

^*4

^*5	Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).

^*6	Commission Implementing Decision (EU) 2016/2323 of 19 December 2016 establishing the European List of ship recycling facilities pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ L 345, 20.12.2016, p. 119).

^*7	Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

^*8	Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58).

^*9	(Version of 27.6.2023: http://www.imo.org/en/OurWork/Environment/PollutionPrevention/AirPollution/Pages/Sulphur-oxides- (SOx)-%E2 %80 %93-Regulation-14.aspx).

^*10	As regards the extension of the requirements applying in Emission Control Area to other Union seas, countries bordering the Mediterranean Sea are discussing the creation of relevant ECA under the legal framework of the Barcelona Convention.

^*11	(Version of 27.6.2023: http://www.imo.org/en/OurWork/Environment/PollutionPrevention/AirPollution/Pages/Nitrogenoxides-(NOx)-–-Regulation-13.aspx).

^*12	In Union seas, the requirement is applicable as of 2021 in the Baltic and North Seas.’;

(15)

Section 6.11. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, the following points (d) and (e) are added:

where technologically and economically not feasible to comply with point (a), from 1 January 2026, the vessels that are able to run on zero direct (tailpipe) emission fuels or on fuels from renewable sources^*1 have an attained Energy Efficiency Design Index (EEDI) value equivalent to reducing the EEDI reference line by at least 20 percentage points below the EEDI requirements applicable on 1 April 2022^*2, and:

are able to plug-in at berth;

for gas-fuelled ships, demonstrate the use of state-of-the-art measures and technologies to mitigate methane slippage emissions.

where technologically and economically not feasible to comply with point (a), from 1 January 2026, in addition to an attained Energy Efficiency Existing Ship Index (EEXI) value equivalent to reducing the EEDI reference line by at least 10 percentage points below the EEXI requirements applicable on 1 January 2023^*3, the yearly average greenhouse gas intensity of the energy used on-board by a ship during a reporting period^*4 does not exceed the following limits:

76,4 g CO₂e/MJ from 1 January 2026 until 31 December 2029;

61,1 g CO₂e/MJ from 1 January 2030 until 31 December 2034;

45,8 g CO₂e/MJ from 1 January 2035 until 31 December 2039;

30,6 g CO₂e/MJ from 1 January 2040 until 31 December 2044;

15,3 g CO₂e/MJ from 1 January 2045.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, points (4) and (5) are replaced by the following:

Transition to a circular economy

Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. Measures are in place to prevent the generation of waste in the use phase (maintenance, operation of transport services with regards to catering waste) and to manage any remaining waste in accordance with the waste hierarchy. For existing ships above 500 gross tonnage and the new-built ones replacing them, the activity complies with the requirements of Regulation (EU) No 1257/2013. The scrap ships are recycled in facilities included on the European List of ship recycling facilities as laid down in Commission Implementing Decision 2016/2323. The activity complies with Directive (EU) 2019/883 as regards the protection of the marine environment against the negative effects from discharges of waste from ships. The ship is operated in accordance with Annex V to the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (the IMO MARPOL Convention), in particular to produce reduced quantities of waste and to reduce legal discharges, by managing its waste in a sustainable and environmentally sound manner.

Pollution prevention and control

As regards the reduction of sulphur oxides emissions and particulate matters, vessels comply with Directive (EU) 2016/802, and with Regulation 14 of Annex VI to the IMO MARPOL Convention. Sulphur in fuel content does not exceed 0,50 % in mass (the global sulphur limit) and 0,10 % in mass in emission control area (ECA) for sulphur oxides designated in the North and Baltic Seas as well as in the Mediterranean Sea (as of 2025) by the IMO^*5. As regards nitrogen oxides (NO_x) emissions, vessels comply with Regulation 13 of Annex VI to IMO MARPOL Convention. Tier II NOx requirement applies to ships constructed after 2011. Only while operating in NOx emission control areas established under IMO rules, ships constructed after 1 January 2016 comply with stricter engine requirements (Tier III) reducing NO_x emissions^*6. Discharges of black and grey water comply with Annex IV to the IMO MARPOL Convention. Measures are in place to minimise toxicity of anti-fouling paint and biocides as laid down in Regulation (EU) No 528/2012.

^*1	Fuels that meet the technical screening criteria specified in Sections 3.10. and 4.13. of this Annex.

^*2

^*3

^*4

^*5	As regards the extension of the requirements applying in Emission Control Area to other Union seas, countries bordering the Mediterranean Sea are discussing the creation of relevant ECA under the legal framework of the Barcelona Convention.

^*6	In Union seas, the requirement is applicable as of 2021 in the Baltic and North Seas.’;

(16)

Section 6.12. is amended as follows:

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1. is replaced by the following:

The activity complies with one or more of the following criteria:

the retrofitting activity reduces fuel consumption of the vessel by at least 15 % expressed in grams of fuel per deadweight tons per nautical mile for freight vessels, or per gross tonnage per nautical mile for passenger vessels, as demonstrated by computational fluid dynamics (CFD), tank tests or similar engineering calculations;

enables the vessels to attain Energy Efficiency Existing Ships Index (EEXI) value at least 10 % below the EEXI requirements applicable on 1 January 2023 and if the vessels are able to run on zero direct (tailpipe) emission fuels or on fuels from renewable sources^*1, and have the ability to plug-in at berth and are equipped with plug-in power technology.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’ points (4) and (5) are replaced by the following:

Transition to a circular economy

Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. For existing ships above 500 gross tonnage and the new-built ones replacing them, the activity complies with the requirements of Regulation (EU) No 1257/2013. The scrap ships are recycled in facilities included on the European List of ship recycling facilities as laid down in Commission Implementing Decision 2016/2323. The activity complies with Directive (EU) 2019/883 as regards the protection of the marine environment against the negative effects from discharges of waste from ships. The ship is operated in accordance with Annex V to the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (the IMO MARPOL Convention), in particular to produce reduced quantities of waste and to reduce legal discharges, by managing its waste in a sustainable and environmentally sound manner.

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. As regards the reduction of sulphur oxides emissions and particulate matters, vessels comply with Directive (EU) 2016/802, and with Regulation 14 of Annex VI to the IMO MARPOL Convention. Sulphur in fuel content does not exceed 0,50 % in mass (the global sulphur limit) and 0,10 % in mass in emission control area (ECA) for sulphur oxides designated in the North and Baltic Seas as well as in the Mediterranean Sea (as of 2025) by the IMO^*2. As regards nitrogen oxides (NO_x) emissions, vessels comply with Regulation 13 of Annex VI to IMO MARPOL Convention. Tier II NO_x requirement applies to ships constructed after 2011. Only while operating in NO_x emission control areas established under IMO rules, ships constructed after 1 January 2016 comply with stricter engine requirements (Tier III) reducing NO_x emissions^*3. Discharges of black and grey water comply with Annex IV to the IMO MARPOL Convention. Measures are in place to minimise toxicity of anti-fouling paint and biocides as laid down in Regulation (EU) No 528/2012.

^*1	Fuels that meet the technical screening criteria specified in Sections 3.10. and 4.13. of this Annex.

^*2	As regards the extension of the requirements applying in Emission Control Area to other Union seas, countries bordering the Mediterranean Sea are discussing the creation of relevant ECA under the legal framework of the Barcelona Convention.

^*3	In Union seas, the requirement is applicable as of 2021 in the Baltic and North Seas.’;

(17)

in Section 6.13., subsection ‘Description of the activity’, the second paragraph is replaced by the following: ‘The economic activities in this category could be associated with several NACE codes, in particular F42.11, F42.12, F42.13, F43.21, M71.12 and M71.20 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.’;

(18)

Section 6.14. is amended as follows:

in subsection ‘Description of the activity’, the second paragraph is replaced by the following:

‘Manufacture, installation, technical consulting, retrofitting, upgrade, repair, maintenance, repurposing of products, equipment, systems and software related to one of the following elements:

assembled railway track fixtures;

rail constituents detailed in Points 2.2 to 2.6 to Annex II of Directive (EU) 2016/797.

The economic activities in this category could be associated with several NACE codes, in particular C25.99, C27.9, C30.20, F42.12, F42.13, M71.12, M71.20, F43.21, and H52.21 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.’;

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1., point (d) is added:

digital tools enable an increase in efficiency, capacity or energy saving.’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, points (4), (5) and (6) are replaced by the following:

Transition to a circular economy	Operators limit waste generation in processes related to construction and demolition and take into account best available techniques. At least 70 % (by weight) of the non-hazardous construction and demolition waste (excluding naturally occurring material referred to in category 17 05 04 in the European List of Waste established by Decision 2000/532/EC) generated on the construction site is prepared for reuse, recycling and other material recovery, including backfilling operations using waste to substitute other materials, in accordance with the waste hierarchy and the EU Construction and Demolition Waste Management Protocol^*1. Operators use selective demolition to enable removal and safe handling of hazardous substances and facilitate reuse and high-quality recycling. For manufacturing of constituents, the activity assesses the availability of and, where feasible, adopts techniques that support: reuse and use of secondary raw materials and re-used components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal, in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	Where appropriate, given the sensitivity of the area affected, in particular in terms of the size of population affected, noise and vibrations from use of infrastructure are mitigated by introducing open trenches, wall barriers, or other measures and they comply with Directive 2002/49/EC of the European Parliament and of the Council^*2. Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. For manufacturing of constituents, the activity complies with the criteria set out in Appendix C to this Annex.
Protection and restoration of biodiversity and ecosystems	The activity complies with the criteria set out in Appendix D to this Annex. In addition, the following is to be ensured: in the Union, in relation with Natura 2000 sites: the activity does not have significant effects on Natura 2000 sites in view of their conservation objectives on the basis of an appropriate assessment carried out in accordance with Article 6(3) of Council Directive 92/43/EEC^3; in the Union, in any area: the activity is not detrimental to the recovery or maintenance of the populations of species protected under Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council^4 at a favourable conservation status. The activity is also not detrimental to the recovery or maintenance of the habitat types concerned and protected under Directive 92/43/EEC at a favourable conservation status; outside of the Union, activities are conducted in accordance with applicable law related to the conservation of habitats and species.

^*1	EU Construction & Demolition Waste Management Protocol, September 2016: https://ec.europa.eu/docsroom/documents/20509/.

^*2

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise – Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).

^*3	Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

^*4	Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).’;

(19)

in Section 6.15., subsection ‘Description of the activity’, the second paragraph is replaced by the following: ‘The economic activities in this category could be associated with several NACE codes, in particular F42.11, F42.13, M71.12 and M71.20 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.’;

(20)

Section 6.16. is amended as follows:

Subsection ‘Description of the activity’ is replaced by the following:

‘Description of the activity

Construction, modernisation, operation and maintenance of infrastructure that is required for zero tailpipe CO₂ operation of vessels or the port’s own operations, as well as infrastructure dedicated to transhipment and modal shift and service facilities, safety and traffic management systems.

The economic activities in this category excludes dredging of waterways.

The economic activities in this category could be associated with several NACE codes, in particular F42.91, M71.12 and M71.20 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. An economic activity in this category is an enabling activity as referred to in Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.’;

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point 1., point (e) is added:

the modernisation of the existing infrastructure necessary to enable modal shift and fit for use by vessels with zero direct (tailpipe) CO₂ emissions and that has been subject to a verified climate proofing assessment in accordance with Commission Notice – Technical guidance on the climate proofing of infrastructure in the period 2021-2027 (2021/C 373/01).’;

in subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, points (3), (4), (5) and (6) are replaced by the following:

Sustainable use and protection of water and marine resources	The activity complies with the requirements laid down in Article 4 of Directive 2000/60/EC. In accordance with Article 4 of Directive 2000/60/EC and in particular paragraph 7 of that Article, an impact assessment of the project is to be carried out to assess all its potential impacts on the status of water bodies within the same river basin and on protected habitats and species directly dependent on water, considering in particular migration corridors, free-flowing rivers or ecosystems close to undisturbed conditions. The assessment is based on recent, comprehensive and accurate data, including monitoring data on biological quality elements that are specifically sensitive to hydromorphological alterations, and on the expected status of the water body as a result of the new activities, as compared to its current one. It assesses, in particular, the cumulated impacts of the new project with other existing or planned infrastructure in the river basin. On the basis of that impact assessment, it has been established that the project is conceived, by design and location and by mitigation measures, so that it complies with one of the following requirements: All technically feasible and ecologically relevant mitigation measures are implemented to reduce adverse impacts on water as well as on protected habitats and species directly dependent on water. Mitigation measures include, where relevant and depending on the ecosystems naturally present in the affected water bodies: The effectiveness of those measures is monitored in the context of the authorisation or permit setting out the conditions aimed at achieving good status or potential of the affected water body. The project does not permanently compromise the achievement of good status/potential in any of the water bodies in the same river basin district. In addition to the mitigation measures, and where relevant, compensatory measures are implemented to ensure that the project does not result in overall deterioration of status of water bodies in the same river basin district. That result is achieved by restoring (longitudinal or lateral) continuity within the same river basin district to an extent that compensates the disruption of continuity, which the planned navigation infrastructure project may cause. Compensation starts prior to the execution of the project. the project does not entail any deterioration nor compromises the achievement of good status or potential of the specific water body it relates to; where the project risks to deteriorate or compromise the achievement of good status/potential of the specific water body it relates to, such deterioration is not significant, and is justified by a detailed cost-benefit assessment demonstrating both of the following: the overriding reasons in the public interest or the fact that the benefits expected from the planned navigation infrastructure project in terms of benefits to climate change mitigation or climate change adaptation outweigh the costs from deteriorating the status of water that are accruing to the environment and to society; the fact that the overriding public interest or the benefits expected from the activity cannot, for reasons of technical feasibility or disproportionate cost, be achieved by alternative means that would lead to a better environmental outcome (such as nature-based solutions, alternative location, rehabilitation/refurbishment to existing infrastructures, or use of technologies not disrupting river continuity). measures to ensure conditions as close as possible to undisturbed continuity, including measures to ensure longitudinal and lateral continuity, minimum ecological flow and sediment flow; measures to protect or enhance morphological conditions and habitats for aquatic species; measures to reduce adverse impacts of eutrophication.
Transition to a circular economy	Operators limit waste generation in processes related to construction and demolition and take into account best available techniques. At least 70 % (by weight) of the non-hazardous construction and demolition waste (excluding naturally occurring material referred to in category 17 05 04 in the European List of Waste established by Decision 2000/532/EC generated on the construction site is prepared for reuse, recycling and other material recovery, including backfilling operations using waste to substitute other materials, in accordance with the waste hierarchy and the EU Construction and Demolition Waste Management Protocol. Operators use selective demolition to enable removal and safe handling of hazardous substances and facilitate reuse and high-quality recycling. The activity assesses the availability of and, where feasible, adopts techniques that support: reuse and use of secondary raw materials and reused components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal, in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex. Measures are taken to reduce noise, vibration, dust and pollutant emissions during construction maintenance works.
Protection and restoration of biodiversity and ecosystems	An Environmental Impact Assessment (EIA) or a screening^1 has been completed in accordance with Directive 2011/92/EU^2. Where an EIA has been carried out, the required mitigation and compensation measures for protecting the environment are implemented. The activity does not have significant effects on protected areas (Unesco World Heritage sites, Key Biodiversity Areas, as well as other protected areas than Natura 2000 sites), and protected species based on an assessment of its impact that takes into account the best available knowledge^3. In addition, the following is to be ensured: in the Union, in relation with Natura 2000 sites: the activity does not have significant effects on Natura 2000 sites in view of their conservation objectives on the basis of an appropriate assessment carried out in accordance with Article 6(3) of Council Directive 92/43/EEC; in the Union, in any area: the activity is not detrimental to the recovery or maintenance of the populations of species protected under Directive 92/43/EEC and Directive 2009/147/EC at a favourable conservation status. The activity is also not detrimental to the recovery or maintenance of the habitat types concerned and protected under Directive 92/43/EEC at a favourable conservation status; in the Union, the introduction of invasive alien species is prevented, or their spread is managed in accordance with Regulation (EU) No 1143/2014 of the European Parliament and of the Council^4; outside of the Union, activities are conducted in accordance with applicable law related to the conservation of habitats, species and the management of invasive alien species.

^*1	The procedure through which the competent authority determines whether projects listed in Annex II to Directive 2011/92/EU is to be made subject to an environmental impact assessment (as referred to in Article 4(2) of that Directive).

^*2	For activities in third countries, in accordance with equivalent applicable national law or international standards requiring the completion of an EIA or screening, for example, IFC Performance Standard 1: Assessment and Management of Environmental and Social Risks.

^*3

For activities located in third countries, in accordance with equivalent applicable national law or international standards, that aim at the conservation of natural habitats, wild fauna and wild flora, and that require to carry out (1) a screening procedure to determine whether, for a given activity, an appropriate assessment of the possible impacts on protected habitats and species is needed; (2) such an appropriate assessment where the screening determines that it is needed, for example IFC Performance Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources.

^*4	Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).’;

(21)

Section 6.17. is amended as follows:

in subsection ‘Description of the activity’, the first paragraph is replaced by the following:

‘Description of the activity

Construction, modernisation, maintenance and operation of infrastructure that is required for zero tailpipe CO₂ operation of aircraft or the airport’s own operations, and for provision of fixed electrical ground power and preconditioned air to stationary aircraft as well as infrastructure dedicated to transhipment with rail and water transport.’;

in subsection ‘Technical screening criteria’, subsection ‘Substantial contribution to climate change mitigation’, point (d) is added:

the infrastructure and installations are dedicated to transhipping freight with rail and water transport: terminal infrastructure and superstructures for loading, unloading and transhipment of goods.’;

(22)

the following Sections 6.18., 6.19., and 6.20. are added: ‘6.18. Leasing of aircraft Description of the activity Renting and leasing of aircraft and aircraft parts and equipment^*1. The economic activities in this category could be associated with a NACE code, in particular N77.35, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. Where an economic activity in this category does not fulfil the substantial contribution criterion specified in point (a) of this Section, the activity is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852, provided it complies with the remaining technical screening criteria set out in this Section. Technical screening criteria 6.19. Passenger and freight air transport Description of the activity Purchase, financing and operation of aircraft including transport of passengers and goods. The economic activity does not include leasing of aircraft referred to in Section 6.18. The economic activities in this category could be associated with several NACE codes, in particular H51.1 and H51.21, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. Where an economic activity in this category does not fulfil the substantial contribution criterion specified in point (a) of this Section, the activity is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852, provided it complies with the remaining technical screening criteria set out in this section. Technical screening criteria 6.20. Air transport ground handling operations Description of the activity Manufacture, repair, maintenance, overhaul, retrofitting, design, repurposing and upgrade, purchase, financing, renting, leasing and operation of equipment and service activities incidental to air transportation (ground handling), including ground services activities at airports and cargo handling, including loading and unloading of goods from aircraft. The economic activity includes: The economic activity does not include vehicles for transport of passengers and crew and for aircraft refuelling used within the airport covered in Sections 3.3., 6.3. and 6.6 of this Annex. The economic activities in this category could be associated with several NACE codes, in particular H52.23, H52.24, H52.29 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. Technical screening criteria ^*1 The activity includes leasing of parts and equipment to the extent that they can be linked to an eligible aircraft type and improves or maintains the level of efficiency of the aircraft.’;

Substantial contribution to climate change mitigation
The activity consists of renting or leasing of one of the following: the aircraft with zero direct (tailpipe) CO₂ emissions; the aircraft delivered before 11 December 2023, complying with the technical screening criteria referred to in Section 3.21., subsection ‘Substantial contribution to climate change mitigation’, points (b) or (c); the aircraft delivered after 11 December 2023 complying with the technical screening criteria referred to in Section 3.21., subsection “Substantial contribution to climate change mitigation”, points (b) or (c) and with the commitment that another non-compliant aircraft in the fleet is either: permanently withdrawn from use within 6 months of delivery of the compliant aircraft, in which case, the replacement ratio does not apply; or permanently withdrawn from the fleet within six months of delivery of the compliant aircraft in which case the share of Taxonomy compliance of eligible aircraft is limited by the replacement ratio as set out in Section 3.21; whereby the aircraft permanently withdrawn from use or from the fleet: is non-compliant with the margins set out in Section 3.21., subsection “Substantial contribution to climate change mitigation”, point (b); has at least 80 % of maximum take-off weight of the compliant aircraft; has remained in the fleet within at least 12 months prior to its withdrawal; has a proof of airworthiness dating back less than 6 months prior to the delivery of the compliant aircraft. The lessor ensures that aircraft in point (b) or (c) is operated on sustainable aviation fuels (SAF) consistently with the criteria specified in point (d) and paragraph 2 of Section 6.19 of this Annex.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	N/A
Transition to a circular economy	Measures are in place to prevent generation of waste in the use phase (maintenance) and to manage any remaining waste in accordance with the waste hierarchy. The activity assesses the availability of and, where feasible, adopts techniques that support: Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. reuse and use of secondary raw materials and re-used components in products manufactured; design for high durability, recyclability, easy disassembly and adaptability of products manufactured; waste management that prioritises recycling over disposal in the manufacturing process; information on and traceability of substances of concern throughout the life cycle of the manufactured products.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex. The aircraft complies with the relevant requirements referred to in Article 9(2) of Regulation (EU) 2018/1139. The aircraft referred to in subsection “Substantial contribution to climate change mitigation”, points (b) to (c), complies with the following standards: for aircraft other than freighter: amendment 13 of Volume I (noise), Chapter 14 of Annex 16 to the Chicago Convention, where the sum of the differences at all three measurement points between the maximum noise levels and the maximum permitted noise levels specified in 14.4.1.1, 14.4.1.2 and 14.4.1.3, shall not be less than 22 EPNdB; for freighter aircraft: amendment 13 of Volume I (noise), Chapter 14 of Annex 16 to the Chicago Convention; amendment 10 of Volume II (engine emissions), Chapters 2 and 4, of Annex 16 to the Chicago Convention.
Protection and restoration of biodiversity and ecosystems	N/A

Substantial contribution to climate change mitigation
The activity is performed using one of the following: The SAF use requirement referred to in points (d) and (e) is calculated with reference to the total aviation fuel used by the compliant aircraft and SAF used at the fleet level. Operators calculate compliance as the ratio of the quantity (expressed in tonnes) of SAF purchased at the fleet level divided by the total aviation fuel used by the compliant aircraft multiplied by 100. SAF are defined in a regulation on ensuring a level playing field for sustainable air transport. the aircraft with zero direct (tailpipe) CO₂ emissions; until 31 December 2029, the aircraft acquired before 11 December 2023, complying with the technical screening criteria specified in Section 3.21., subsection “Substantial contribution to climate change mitigation”, points (b) or (c); until 31 December 2029, the aircraft acquired after 11 December 2023, complying with the technical screening criteria specified in Section 3.21., subsection “Substantial contribution to climate change mitigation”, points (b) or (c), and with the commitment that another non-compliant aircraft in the fleet is either: permanently withdrawn from use within 6 months of delivery of the compliant aircraft in which case, the replacement ratio does not apply; or permanently withdrawn from the fleet within 6 months of delivery of the compliant aircraft in which case, the share of Taxonomy compliance of eligible aircraft is limited by the replacement ratio as set out in Section 3.21; whereby the aircraft permanently withdrawn from use or from the fleet: is non-compliant with the margins defined in Section 3.21., subsection “Substantial contribution to climate change mitigation”, point (b); has at least 80 % of maximum take-off weight of the compliant aircraft; has remained in the fleet within at least 12 months prior to its withdrawal; has a proof of airworthiness dating back less than 6 months prior to the delivery of the compliant aircraft; from 1 January 2030, the aircraft meeting technical screening criteria specified in points (b) or (c) above and operated with a minimum share of sustainable aviation fuels (SAF), corresponding to 15 % in 2030 and increased by 2 percentage points annually thereafter; the aircraft operated with a minimum share of sustainable aviation fuels (SAF), corresponding to 5 % SAF in 2022, with the percentage of SAF increasing by 2 percentage points annually thereafter.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	N/A
Transition to a circular economy	Measures are in place to prevent generation of waste in the use phase (maintenance, operation of transport services with regards to catering waste) and to manage any remaining waste in accordance with the waste hierarchy. Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex. The aircraft complies with the relevant requirements referred to in Article 9(2) of the Regulation (EU) 2018/1139. The aircraft compliant with the technical screening criteria in points (b) to (e) complies with the following standards: for aircraft other than freighter: amendment 13 of Volume I (noise), Chapter 14 of Annex 16 to the Chicago Convention, where the sum of the differences at all three measurement points between the maximum noise levels and the maximum permitted noise levels specified in 14.4.1.1, 14.4.1.2 and 14.4.1.3, shall not be less than 22 EPNdB; for freighter aircraft: amendment 13 of Volume I (noise), Chapter 14 of Annex 16 to the Chicago Convention; amendment 10 of Volume II (engine emissions), Chapters 2 and 4, of Annex 16 to the Chicago Convention.
Protection and restoration of biodiversity and ecosystems	N/A

vehicles for aircraft marshalling and other services within the apron;

equipment for passenger boarding, including passenger shuttles, mobile steps;

equipment for baggage and freight handling including belt loaders, baggage tractors, airport pallet trucks lower deck loaders, main deck loaders;

equipment for catering including cool container dollies, excluding equipment with refrigeration units powered by an internal combustion engine;

maintenance equipment including maintenance stands and platforms;

pushback tugs;

de-icing equipment for aircraft and engine de-icing;

snow ploughs and other snow clearance and surface de-icing equipment;

non-autonomous taxiing.

Substantial contribution to climate change mitigation
Ground handling vehicles’ direct (tailpipe) CO₂ emissions are zero. The propulsion of all ground handling devices and equipment comes from a zero-emissions motor.
Do no significant harm (“DNSH”)
Climate change adaptation	The activity complies with the criteria set out in Appendix A to this Annex.
Sustainable use and protection of water and marine resources	The activity complies with the criteria set out in Appendix B to this Annex. With regard to de-icing activities, measures are in place to ensure the necessary discharge controls at airport level, to reduce the environmental impact on watercourses, including through use of more environmentally sustainable chemicals, glycol recovery and surface water treatment.
Transition to a circular economy	Measures are in place to prevent generation of waste in the use phase (maintenance, operation of transport services with regards to catering waste) and to manage any remaining waste in accordance with the waste hierarchy. Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials.
Pollution prevention and control	The activity complies with the criteria set out in Appendix C to this Annex.
Protection and restoration of biodiversity and ecosystems	N/A

(23)

in Section 7.1., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the construction that may come into contact with occupiers^*1 emit less than 0,06 mg of formaldehyde per m³ of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m³ of test chamber air, upon testing in accordance with CEN/EN 16516^*2 or ISO 16000-3:2011^*3 or other equivalent standardised test conditions and determination methods^*4. Where the new construction is located on a potentially contaminated site (brownfield site), the site has been subject to an investigation for potential contaminants, for example using standard ISO 18400^*5. Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. ^*1 Applying to paints and varnishes, ceiling tiles, floor coverings, including associated adhesives and sealants, internal insulation and interior surface treatments, such as those to treat damp and mould. ^*2 CEN/TS 16516: 2013, Construction products – Assessment of release of dangerous substances – Determination of emissions into indoor air. ^*3 ISO 16000-3:2011, Indoor air – Part 3: Determination of formaldehyde and other carbonyl compounds in indoor air and test chamber air – Active sampling method (version of 4.6.2021: https://www.iso.org/standard/51812.html). ^*4 The emissions thresholds for carcinogenic volatile organic compounds relate to a 28-day test period. ^*5 ISO 18400 series on Soil quality – Sampling.’;

(24)

in Section 7.2., subsection ‘Technical screening criteria’, subsection ‘Do no significant harm (“DNSH”)’, point (5) is replaced by the following: ‘(5) Pollution prevention and control Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the building renovation that may come into contact with occupiers^*1 emit less than 0,06 mg of formaldehyde per m³ of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m³ of test chamber air, upon testing in accordance with CEN/EN 16516 or ISO 16000-3:2011^*2 or other equivalent standardised test conditions and determination methods^*3. Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. ^*1 Applying to paints and varnishes, ceiling tiles, floor coverings (including associated adhesives and sealants), internal insulation and interior surface treatments (such as to treat damp and mould). ^*2 ISO 16000-3:2011, Indoor air – Part 3: Determination of formaldehyde and other carbonyl compounds in indoor air and test chamber air – Active sampling method (version of 4.6.2021: https://www.iso.org/standard/51812.html). ^*3 The emissions thresholds for carcinogenic volatile organic compounds relate to a 28-day test period.’;

(25)

in Appendix B the following paragraph is added: ‘The activity does not hamper the achievement of good environmental status of marine waters or does not deteriorate marine waters that are already in good environmental status as defined in point 5 of Article 3 of Directive 2008/56/EC of the European Parliament and of the Council^{*1, *2}, taking into account the Commission Decision (EU) 2017/848^*3 in relation to the relevant criteria and methodological standards for those descriptors. ^*1 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19). ^*2 The definition laid down in point 5 of Article 3 of Directive 2008/56/EC provides in particular that good environmental status is to be determined on the basis of the qualitative descriptors laid down in Annex I to that Directive. ^*3 Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU (OJ L 125, 18.5.2017, p. 43).’;

(26)

in Appendix C, point (f) is replaced by the following:

substances, whether on their own, or in mixtures or in an article, in a concentration above 0,1 % weight by weight (w/w), and meeting the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 and that were identified in accordance with Article 59(1) of that Regulation for a period of at least eighteen months, except if it is assessed and documented by the operators that no other suitable alternative substances or technologies are available on the market, and that they are used under controlled conditions^*1;

^*1	The Commission will review the exceptions from the prohibition from manufacturing, placing on the market or use of the substances referred to in point (f) once it will have published horizontal principles on essential use of chemicals.’;

(27)	in Appendix C, point (g) is deleted;

(28)

in Appendix C, the following paragraph is added after point (f): ‘In addition, the activity does not lead to the manufacture, presence in the final product or output, or placing on the market, of other substances, whether on their own, or in mixtures or in an article, in a concentration above 0,1 % weight by weight (w/w), that meet the criteria of Regulation (EC) No 1272/2008 for one of the hazard classes or hazard categories mentioned in Article 57 of Regulation (EC) No 1907/2006, except if it is assessed and documented by the operators that no other suitable alternative substances or technologies are available on the market, and that they are used under controlled conditions^*1. ^*1 The Commission will review the exceptions from the prohibition from manufacture, presence in the final product or output, or placing on the market of the substances referred to in this paragraph once it will have published horizontal principles on essential use of chemicals.’.