# Official Journal C 138/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.138.eng |
| --- | --- |
| Official Journal
  of the European Union | C 138 |
| | |
| English edition | Information and Notices | Volume 5218 June 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.138.eng

Official Journal

of the European Union

C 138

English edition

Information and Notices

Volume 5218 June 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 138/01 | Non-opposition to a notified concentration — (Case COMP/M.5515 — RWE Innogy GmbH/RheinEnergie AG/Stadtwerke München AG/MAN Ferrostaal AG/Marquesado Solar S.L.) (
  1
  ) | 1 |
| 2009/C 138/02 | Non-opposition to a notified concentration — (Case COMP/M.5392 — GRUPA POLSAT/THOMSON TECHNICOLOR POLSKA/PRN) (
  1
  ) | 1 |
| 2009/C 138/03 | Non-opposition to a notified concentration — (Case COMP/M.5498 — SD/JTIA/Mibrag) (
  1
  ) | 2 |
| 2009/C 138/04 | Non-opposition to a notified concentration — (Case COMP/M.5473 — Fincantieri/ABB/JV) (
  1
  ) | 2 |
| 2009/C 138/05 | Non-opposition to a notified concentration — (Case COMP/M.5417 — Mubadala/General Electric/JV) (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 138/01

Non-opposition to a notified concentration — (Case COMP/M.5515 — RWE Innogy GmbH/RheinEnergie AG/Stadtwerke München AG/MAN Ferrostaal AG/Marquesado Solar S.L.) (
  1
  )

1

1

2009/C 138/02

Non-opposition to a notified concentration — (Case COMP/M.5392 — GRUPA POLSAT/THOMSON TECHNICOLOR POLSKA/PRN) (
  1
  )

1

1

2009/C 138/03

Non-opposition to a notified concentration — (Case COMP/M.5498 — SD/JTIA/Mibrag) (
  1
  )

1

2

2009/C 138/04

Non-opposition to a notified concentration — (Case COMP/M.5473 — Fincantieri/ABB/JV) (
  1
  )

1

2

2009/C 138/05

Non-opposition to a notified concentration — (Case COMP/M.5417 — Mubadala/General Electric/JV) (
  1
  )

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 138/06 | Euro exchange rates | 4 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | Commission |
| 2009/C 138/07 | Final report of the Hearing Officer in Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG (Pursuant to Articles 15 and 16 of EFTA Surveillance Authority Decision No 177/02/COL of 30 October 2002 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 80, 27.3.2003, p. 27) | 5 |
| 2009/C 138/08 | Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG | 7 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2009/C 138/09 | Summary of the EFTA Surveillance Authority Decision No 605/08/COL of 17 September 2008 relating to a proceeding pursuant to Article 53 of the EEA Agreement (Case 61291 Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG) (
  1
  ) | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 138/06

Euro exchange rates

4

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

Commission

2009/C 138/07

Final report of the Hearing Officer in Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG (Pursuant to Articles 15 and 16 of EFTA Surveillance Authority Decision No 177/02/COL of 30 October 2002 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 80, 27.3.2003, p. 27)

(Pursuant to Articles 15 and 16 of EFTA Surveillance Authority Decision No 177/02/COL of 30 October 2002 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 80, 27.3.2003, p. 27)

5

2009/C 138/08

Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG

7

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2009/C 138/09

Summary of the EFTA Surveillance Authority Decision No 605/08/COL of 17 September 2008 relating to a proceeding pursuant to Article 53 of the EEA Agreement (Case 61291 Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG) (
  1
  )

1

8

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | Commission |
| 2009/C 138/10 | Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed | 9 |

V   Announcements

OTHER ACTS

Commission

2009/C 138/10

Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed

9

| | Corrigenda |
| --- | --- |
| 2009/C 138/11 | Corrigendum to the call for proposals for indirect actions under the multi-annual Community Programme on protecting children using the Internet and other communication technologies (Safer Internet) (OJ C 132, 11.6.2009) | 15 |

Corrigenda

2009/C 138/11

Corrigendum to the call for proposals for indirect actions under the multi-annual Community Programme on protecting children using the Internet and other communication technologies (Safer Internet) (OJ C 132, 11.6.2009)

Safer Internet

(OJ C 132, 11.6.2009)

15

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 18.6.2009 | EN | Official Journal of the European Union | C 138/1 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/1

---

Non-opposition to a notified concentration

(Case COMP/M.5515 — RWE Innogy GmbH/RheinEnergie AG/Stadtwerke München AG/MAN Ferrostaal AG/Marquesado Solar S.L.)

(Text with EEA relevance)

2009/C 138/01

On 5 June 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5515. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5515. EUR-Lex is the on-line access to the European law.

---

| 18.6.2009 | EN | Official Journal of the European Union | C 138/1 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/1

---

Non-opposition to a notified concentration

(Case COMP/M.5392 — GRUPA POLSAT/THOMSON TECHNICOLOR POLSKA/PRN)

(Text with EEA relevance)

2009/C 138/02

On 20 May 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in Polish and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5392. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5392. EUR-Lex is the on-line access to the European law.

---

| 18.6.2009 | EN | Official Journal of the European Union | C 138/2 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/2

---

Non-opposition to a notified concentration

(Case COMP/M.5498 — SD/JTIA/Mibrag)

(Text with EEA relevance)

2009/C 138/03

On 29 May 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5498. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5498. EUR-Lex is the on-line access to the European law.

---

| 18.6.2009 | EN | Official Journal of the European Union | C 138/2 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/2

---

Non-opposition to a notified concentration

(Case COMP/M.5473 — Fincantieri/ABB/JV)

(Text with EEA relevance)

2009/C 138/04

On 11 May 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5473. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5473. EUR-Lex is the on-line access to the European law.

---

| 18.6.2009 | EN | Official Journal of the European Union | C 138/3 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/3

---

Non-opposition to a notified concentration

(Case COMP/M.5417 — Mubadala/General Electric/JV)

(Text with EEA relevance)

2009/C 138/05

On 29 May 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/comm/ competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5417. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5417. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 18.6.2009 | EN | Official Journal of the European Union | C 138/4 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/4

---

Euro exchange rates (1)

17 June 2009

2009/C 138/06

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3840 |
| JPY | Japanese yen | 133,28 |
| DKK | Danish krone | 7,4447 |
| GBP | Pound sterling | 0,85220 |
| SEK | Swedish krona | 10,8932 |
| CHF | Swiss franc | 1,5096 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9180 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,695 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 283,80 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6985 |
| PLN | Polish zloty | 4,5283 |
| RON | Romanian leu | 4,2323 |
| TRY | Turkish lira | 2,1575 |
| AUD | Australian dollar | 1,7528 |
| CAD | Canadian dollar | 1,5794 |
| HKD | Hong Kong dollar | 10,7263 |
| NZD | New Zealand dollar | 2,2077 |
| SGD | Singapore dollar | 2,0196 |
| KRW | South Korean won | 1 737,55 |
| ZAR | South African rand | 11,1715 |
| CNY | Chinese yuan renminbi | 9,4630 |
| HRK | Croatian kuna | 7,2780 |
| IDR | Indonesian rupiah | 14 223,55 |
| MYR | Malaysian ringgit | 4,8904 |
| PHP | Philippine peso | 66,845 |
| RUB | Russian rouble | 43,3240 |
| THB | Thai baht | 47,302 |
| BRL | Brazilian real | 2,7427 |
| MXN | Mexican peso | 18,6785 |
| INR | Indian rupee | 66,4180 |

Currency

Exchange rate

USD

US dollar

1,3840

JPY

Japanese yen

133,28

DKK

Danish krone

7,4447

GBP

Pound sterling

0,85220

SEK

Swedish krona

10,8932

CHF

Swiss franc

1,5096

ISK

Iceland króna

NOK

Norwegian krone

8,9180

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,695

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

283,80

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6985

PLN

Polish zloty

4,5283

RON

Romanian leu

4,2323

TRY

Turkish lira

2,1575

AUD

Australian dollar

1,7528

CAD

Canadian dollar

1,5794

HKD

Hong Kong dollar

10,7263

NZD

New Zealand dollar

2,2077

SGD

Singapore dollar

2,0196

KRW

South Korean won

1 737,55

ZAR

South African rand

11,1715

CNY

Chinese yuan renminbi

9,4630

HRK

Croatian kuna

7,2780

IDR

Indonesian rupiah

14 223,55

MYR

Malaysian ringgit

4,8904

PHP

Philippine peso

66,845

RUB

Russian rouble

43,3240

THB

Thai baht

47,302

BRL

Brazilian real

2,7427

MXN

Mexican peso

18,6785

INR

Indian rupee

66,4180

---

(1)  Source: reference exchange rate published by the ECB.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

Commission

| 18.6.2009 | EN | Official Journal of the European Union | C 138/5 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/5

---

Final report of the Hearing Officer in Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG

(Pursuant to Articles 15 and 16 of EFTA Surveillance Authority Decision No 177/02/COL of 30 October 2002 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 80, 27.3.2003, p. 27)

2009/C 138/07

The draft decision presented to the EFTA Surveillance Authority under Article 9 of Chapter II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (hereinafter referred to as ‘the Surveillance and Court Agreement’) concerns an agreement concluded between Liechtensteinische Kraftwerke Anstalt (‘LKW’) and Telecom Liechtenstein AG on 11 July 2006, aimed at restructuring the telecommunications markets in Liechtenstein.

On 1 December 2006, the EFTA Surveillance Authority received a complaint against Telecom Liechtenstein, LKW and the Principality of Liechtenstein alleging an infringement of Articles 53 and 59 of the EEA Agreement.

On 23 November 2007, the Competition & State Aid Directorate of the EFTA Surveillance Authority expressed its concerns to the Parties to the agreement that certain elements of their agreement appeared to infringe Article 53(1) EEA and that they were unlikely to qualify for individual exemption.

By letters dated 5 December 2007 and 13 December 2007, LKW and Telecom Liechtenstein indicated that they wished to propose commitments to meet the concerns expressed by the Competition & State Aid Directorate.

On 19 December 2007, the EFTA Surveillance Authority opened proceedings pursuant to Article 2 of Chapter III of Protocol 4 to the Surveillance and Court Agreement and communicated its preliminary assessment to the Parties pursuant to Article 9 of Chapter II of Protocol 4 to the Surveillance and Court Agreement. The EFTA Surveillance Authority’s preliminary assessment stated that certain elements of the agreement appeared to infringe Article 53(1) EEA and would be unlikely to qualify for individual exemption.

On 28 February 2008, LKW and Telecom Liechtenstein submitted commitment proposals to the EFTA Surveillance Authority in response to the preliminary assessment of 19 December 2007.

On 15 May 2008, the EFTA Surveillance Authority published a notice in the Official Journal pursuant to Article 27(4) of Chapter II of Protocol 4 to the Surveillance and Court Agreement inviting interested third parties to submit observations on the proposed commitments by 16 June 2008 (1).

In response to the Notice, the EFTA Surveillance Authority, in June 2008, received observations from third parties and the complainant.

On 23 June and 26 June 2008, the Authority provided the Parties with non-confidential versions of the comments received in response to the Notice.

The observations received from third parties following the publication of the Notice were not such as to lead the EFTA Surveillance Authority to reconsider its concerns.

Accordingly, the EFTA Surveillance Authority has come to the conclusion that, in view of the commitments proposed and after having assessed the relevant observations by third parties and the complainant, and without prejudice to Article 9(2) of Chapter II of Protocol 4 to the Surveillance and Court Agreement, the commitments address the concerns it had expressed in its preliminary assessment and that there are no longer grounds for action.

In a Decision under Article 9 of Chapter II of Protocol 4 to the Surveillance and Court Agreement, a breach of the competition rules is not established, but the Parties accept to remedy the concerns expressed by the EFTA Surveillance Authority in a preliminary assessment. There is in this process a willingness on both sides to simplify the administrative and legal requirements which are inherent in a full investigation of a suspected infringement.

No queries or submissions with regard to the process have been made to me by the Parties or any third party.

In the light of the above, I consider that the rights to be heard have been respected in this case.

Brussels, 21 August 2008.

Per Andreas BJØRGAN

---

(1)  OJ C 118, 15.5.2008, p. 31 and EEA Supplement No 28, 15.5.2008, p. 4.

1

---

| 18.6.2009 | EN | Official Journal of the European Union | C 138/7 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/7

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG

2009/C 138/08

| 1. | The members of the Advisory Committee share the concerns of EFTA Surveillance Authority (the ‘Authority’) expressed in the preliminary assessment with regard to the non-competition obligations. |
| --- | --- |

1.

The members of the Advisory Committee share the concerns of EFTA Surveillance Authority (the ‘Authority’) expressed in the preliminary assessment with regard to the non-competition obligations.

| 2. | The members of the Advisory Committee share the concerns of the Authority expressed in the preliminary assessment with regard to the strategic alignment provision pursuant to which Liechtensteinische Kraftwerke Anstalt (‘LKW’) and Telecom Liechtenstein AG (‘Telecom Liechtenstein’) coordinated network infrastructure planning. |
| --- | --- |

2.

The members of the Advisory Committee share the concerns of the Authority expressed in the preliminary assessment with regard to the strategic alignment provision pursuant to which Liechtensteinische Kraftwerke Anstalt (‘LKW’) and Telecom Liechtenstein AG (‘Telecom Liechtenstein’) coordinated network infrastructure planning.

| 3. | The members of the Advisory Committee agree that the practices in question could have an effect on trade between EEA Contracting Parties. |
| --- | --- |

3.

The members of the Advisory Committee agree that the practices in question could have an effect on trade between EEA Contracting Parties.

| 4. | The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein are sufficient to meet the concerns identified by the Authority in its preliminary assessment. |
| --- | --- |

4.

The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein are sufficient to meet the concerns identified by the Authority in its preliminary assessment.

| 5. | The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein do not exceed the limits of what is appropriate and necessary to remove the restrictive effects of the non-competition obligations and strategic alignment provision. |
| --- | --- |

5.

The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein do not exceed the limits of what is appropriate and necessary to remove the restrictive effects of the non-competition obligations and strategic alignment provision.

| 6. | The members of the Advisory Committee agree to render the commitments binding on LKW and Telecom Liechtenstein for as long as the Consolidation Contract remains in force. |
| --- | --- |

6.

The members of the Advisory Committee agree to render the commitments binding on LKW and Telecom Liechtenstein for as long as the Consolidation Contract remains in force.

| 7. | The members of the Advisory Committee intend to recommend the publication of its opinion in the Official Journal of the European Union and the EEA Supplement. |
| --- | --- |

7.

The members of the Advisory Committee intend to recommend the publication of its opinion in the Official Journal of the European Union and the EEA Supplement.

---

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 18.6.2009 | EN | Official Journal of the European Union | C 138/8 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/8

---

Summary of the EFTA Surveillance Authority Decision No 605/08/COL

of 17 September 2008

relating to a proceeding pursuant to Article 53 of the EEA Agreement

(Case 61291 Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG)

(Only the English and German texts are authentic)

(Text with EEA relevance)

(2009/0000/)

On 17 September 2008, the EFTA Surveillance Authority (the Authority) adopted a decision pursuant to Article 9, Chapter II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice in a case concerning Liechtensteinische Kraftwerke Anstalt (LKW) and Telecom Liechtenstein AG (Telecom Liechtenstein). A non-confidential version of the full text of the decision in the authentic languages is available on the Authority’s website at the following address:

http://www.eftasurv.int/fieldsofwork/fieldcompetition/activities/dbaFile15670.html

| (1) | The case concerns LKW and Telecom Liechtenstein (the Parties) and the restructuring of the telecommunications markets in the Principality of Liechtenstein. In its preliminary assessment, the Authority expressed its concerns to the Parties that two elements of the restructuring pursuant to which the parties (i) committed not to compete with each other for an unlimited duration and (ii) coordinated network infrastructure development, appeared to infringe Article 53(1) of the EEA Agreement and would be unlikely to qualify for individual exemption. |
| --- | --- |

(1)

The case concerns LKW and Telecom Liechtenstein (the Parties) and the restructuring of the telecommunications markets in the Principality of Liechtenstein. In its preliminary assessment, the Authority expressed its concerns to the Parties that two elements of the restructuring pursuant to which the parties (i) committed not to compete with each other for an unlimited duration and (ii) coordinated network infrastructure development, appeared to infringe Article 53(1) of the EEA Agreement and would be unlikely to qualify for individual exemption.

| (2) | Following the preliminary assessment, LKW and Telecom Liechtenstein submitted commitment proposals to the Authority. The Authority received observations on the proposed commitments by interested third parties. However, the comments received were not such as to make the Authority require amendment to the commitments or reconsider its concerns expressed in its preliminary assessment. |
| --- | --- |

(2)

Following the preliminary assessment, LKW and Telecom Liechtenstein submitted commitment proposals to the Authority. The Authority received observations on the proposed commitments by interested third parties. However, the comments received were not such as to make the Authority require amendment to the commitments or reconsider its concerns expressed in its preliminary assessment.

| (3) | The Authority considers that the commitments offered by the LKW and Telecom Liechtenstein to meet the Authority’s concerns expressed in its preliminary assessment are sufficient to address the identified competition concerns. In their commitments, the Parties have undertaken to remove the non-compete clause. The Parties have also substantially redrafted the provisions in the Consolidated Contract relating to the strategic alignment. The new provisions clarify that LKW alone is responsible for network infrastructure development planning. The commitments to regularly ascertain the requirements of all service providers as regards network infrastructure with the aim of providing non-discriminatory access to all market participants will ensure that new entrants and existing smaller market participants have the opportunity to be heard in relation to access and the development of the telecommunications infrastructure in Liechtenstein. |
| --- | --- |

(3)

The Authority considers that the commitments offered by the LKW and Telecom Liechtenstein to meet the Authority’s concerns expressed in its preliminary assessment are sufficient to address the identified competition concerns. In their commitments, the Parties have undertaken to remove the non-compete clause. The Parties have also substantially redrafted the provisions in the Consolidated Contract relating to the strategic alignment. The new provisions clarify that LKW alone is responsible for network infrastructure development planning. The commitments to regularly ascertain the requirements of all service providers as regards network infrastructure with the aim of providing non-discriminatory access to all market participants will ensure that new entrants and existing smaller market participants have the opportunity to be heard in relation to access and the development of the telecommunications infrastructure in Liechtenstein.

| (4) | The decision finds that, in view of the commitments, there are no longer grounds for action by the Authority. |
| --- | --- |

(4)

The decision finds that, in view of the commitments, there are no longer grounds for action by the Authority.

| (5) | The commitments shall be binding on LKW and Telecom Liechtenstein. The decision shall apply to LKW and Telecom Liechtenstein from the date on which it is notified to the Parties. |
| --- | --- |

(5)

The commitments shall be binding on LKW and Telecom Liechtenstein. The decision shall apply to LKW and Telecom Liechtenstein from the date on which it is notified to the Parties.

| (6) | The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion in a written procedure initiated by letter dated 22 August 2008. |
| --- | --- |

(6)

The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion in a written procedure initiated by letter dated 22 August 2008.

---

V Announcements

OTHER ACTS

Commission

| 18.6.2009 | EN | Official Journal of the European Union | C 138/9 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/9

---

Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed

2009/C 138/10

This publication confers the right to object to the application in accordance with Article 9 of Council Regulation (EC) No 509/2006. Statements of objection must reach the Commission within six months from the date of this publication.

APPLICATION FOR REGISTRATION OF A TSG

COUNCIL REGULATION (EC) No 509/2006

‘PREKMURSKA GIBANICA’

EC No: SI-TSG-007-0025-29.10.2004

1.   Name and address of the applicant group:

| Name: | Društvo za promocijo in zaščito prekmurskih dobrot |
| --- | --- |
| Address: | Lendavska ulica 1 |
| SI-9000 Murska Sobota |
| SLOVENIJA |

Name:

Društvo za promocijo in zaščito prekmurskih dobrot

Address:

Lendavska ulica 1

SI-9000 Murska Sobota

SLOVENIJA

Telephone

+386 25261435

Fax

—

E-mail:

kodila@siol.net dpzdp@siol.net

2.   Member State or third country:

Slovenia

3.   Product specification:

3.1.   Name to be registered:

‘Prekmurska gibanica’

Registration of the name is sought in the Slovenian language only.

The statement ‘produced in the traditional Slovenian way’ next to ‘Prekmurska gibanica’ is to be translated into the language of the country where the product is marketed and produced.

3.2.   Please state whether the name:

| | is specific in itself |
| --- | --- |
|  | expresses the specific character of the agricultural product or foodstuff |

Image

is specific in itself



expresses the specific character of the agricultural product or foodstuff

According to the Etymological Dictionary of the Slovenian Language, gibanica is a type of potica (cake) produced in the eastern part of Slovenia. The origin of the word is gibâničnik, gibâničnjak, a basket for pastry, or gibâničar (baker). The oldest records date back to the 18th century, when it is mentioned by Pohlin as gebanza. The word itself is derived from the word gybati, as gibanica takes its name from layered pastry—gyüba. Prekmurska gibanica is made from two different types of pastry and four different fillings, each of which is duplicated, which gives the product its characteristic, specific appearance and particular flavour. Prekmurska gibanica is therefore specific in itself and expresses specific character.

3.3.   Is reservation of the name sought under Article 13(2) of Regulation (EC) No 509/2006?

| | Registration with reservation of the name |
| --- | --- |
|  | Registration without reservation of the name |

Image

Registration with reservation of the name



Registration without reservation of the name

3.4.   Type of product:

| Class 2.3. | Confectionery, bread, pastry, cakes, biscuits and other baker’s wares |
| --- | --- |

Class 2.3.

Confectionery, bread, pastry, cakes, biscuits and other baker’s wares

3.5.   Description of the agricultural product or foodstuff to which the name under point 3.1 applies:

Prekmurska gibanica is a cake prepared from two types of dough (short pastry for the base and filo (strudel) pastry between the layers of filling) on which four different fillings (poppy seed, cottage cheese, walnut, apple) are placed in layers in a precisely defined sequence, with a layer of filo pastry between each filling. This sequence of fillings is then repeated in the same order, so that the gibanica contains two layers of each filling. The last layer of filling is topped by a layer of filo pastry, over which sour or sweet cream into which egg yolk has been mixed is poured. Alternatively the top layer is simply smeared with a fatty topping. Both round and square cake tins can be used to make gibanica.

Physical description: a slice of Prekmurska gibanica is solid and compact. The layers have to be well separated from each other to ensure that the slice has the correct appearance. Prekmurska gibanica can be baked in round or rectangular tins, and this affects the shape of the slice (triangular or rectangular).

Appearance of Prekmurska gibanica and cross-section of a slice: Prekmurska gibanica can be baked in round or rectangular tins. Prekmurska gibanica and a slice of Prekmurska gibanica are between 5 and 7 cm in height. A slice can be of two shapes (triangular slice—round tin; rectangular slice—rectangular tin). The slice must be properly baked, with no filling coming out and with a uniformly smooth slightly undulating surface without cracks. The individual fillings must be well separated by layers of filo pastry. Each filling has its own distinctly typical colour (the cottage cheese is a creamy white colour, the walnuts and apple are a golden brown colour and the poppy seeds are a glistening black colour). The top layer of filo pastry is not detached from the last filling. A slice of Prekmurska gibanica therefore has eight layers; the fillings follow each other according to a precisely determined sequence (poppy seeds, cottage cheese, walnuts, apple) and are of uniform thickness with regard to the individual type of filling. The second set of fillings is identical to the first.

Flavour: the product has a typical, intensive flavour and scent with a taste of fresh poppy seeds, sweet cottage cheese, delicate walnuts and slightly acidulous apple. The Prekmurska gibanica must be very succulent, not too greasy and optimally sweet.

Texture: the texture of a slice is soft, delicate, fine, smooth and light. It has a balanced texture with regard to the individual ingredients.

3.6.   Description of the production method of the agricultural product or foodstuff to which the name under point 3.1 applies:

The prescribed basic ingredients and additives of Prekmurska gibanica are as follows:

| — | short pastry: 200 g wheat flour (100 g hard and 100 g fine), 100 g margarine or butter, a pinch of salt or a pinch of sugar and 1 dl of cold water for kneading, |
| --- | --- |

—

short pastry: 200 g wheat flour (100 g hard and 100 g fine), 100 g margarine or butter, a pinch of salt or a pinch of sugar and 1 dl of cold water for kneading,

| — | filo pastry: made from 900 g fine wheat flour, 1 egg, 1 tablespoon of vegetable oil, a pinch of salt, a pinch of sugar and tepid water for kneading, |
| --- | --- |

—

filo pastry: made from 900 g fine wheat flour, 1 egg, 1 tablespoon of vegetable oil, a pinch of salt, a pinch of sugar and tepid water for kneading,

| — | fillings: poppy seed (300 g ground poppy seeds, 100 g granulated sugar and 1 sachet of vanilla sugar), cottage cheese (1,2 kg full-fat cottage cheese, 100 g granulated sugar, 2 sachets of vanilla sugar, 2 eggs and a pinch of salt), walnut (300 g ground walnuts, 100 g granulated sugar, 1 sachet of vanilla sugar), apple (1,5 kg of apples — fairly sour varieties, pinch of salt, 120 g granulated sugar, 2 sachets of vanilla sugar, pinch of cinnamon), |
| --- | --- |

—

fillings: poppy seed (300 g ground poppy seeds, 100 g granulated sugar and 1 sachet of vanilla sugar), cottage cheese (1,2 kg full-fat cottage cheese, 100 g granulated sugar, 2 sachets of vanilla sugar, 2 eggs and a pinch of salt), walnut (300 g ground walnuts, 100 g granulated sugar, 1 sachet of vanilla sugar), apple (1,5 kg of apples — fairly sour varieties, pinch of salt, 120 g granulated sugar, 2 sachets of vanilla sugar, pinch of cinnamon),

| — | toppings: cream topping (8 dl of cream, 3 eggs) and fatty topping (250 g margarine, butter or vegetable oil). |
| --- | --- |

—

toppings: cream topping (8 dl of cream, 3 eggs) and fatty topping (250 g margarine, butter or vegetable oil).

Production method for Prekmurska gibanica:

| | The short (kneaded) pastry is always prepared fresh. Sift the flour onto a board, add salt or sugar and, using a knife, crumble the fat into it or simply crumble the fat into the flour with cold hands. Add cold water or egg and milk and quickly knead to a smooth dough. |
| --- | --- |

The short (kneaded) pastry is always prepared fresh. Sift the flour onto a board, add salt or sugar and, using a knife, crumble the fat into it or simply crumble the fat into the flour with cold hands. Add cold water or egg and milk and quickly knead to a smooth dough.

| | Filo pastry is a very elastic pastry with a low fat content. Dry, well-seasoned flour is needed to make the dough. Sift the flour onto a board, make a hollow in the flour, add the fat, salt, sugar (an egg may also be added) and begin to knead the ingredients into a dough. While kneading, add tepid water as necessary and continue to knead until the dough becomes smooth and elastic. Divide the filo pastry into 10 parts, and keep one spare if possible. |
| --- | --- |

Filo pastry is a very elastic pastry with a low fat content. Dry, well-seasoned flour is needed to make the dough. Sift the flour onto a board, make a hollow in the flour, add the fat, salt, sugar (an egg may also be added) and begin to knead the ingredients into a dough. While kneading, add tepid water as necessary and continue to knead until the dough becomes smooth and elastic. Divide the filo pastry into 10 parts, and keep one spare if possible.

| | Poppy seed filling: in order to make poppy seed filling, we use finely ground poppy seeds. Add granulated sugar and vanilla sugar to the ground poppy seeds and mix well. Divide into two parts. |
| --- | --- |

Poppy seed filling: in order to make poppy seed filling, we use finely ground poppy seeds. Add granulated sugar and vanilla sugar to the ground poppy seeds and mix well. Divide into two parts.

| | Cottage cheese filling: add eggs, granulated sugar and vanilla sugar and a pinch of salt to the cottage cheese. Mix well so that the mixture is smooth and spreadable. Divide into two parts. |
| --- | --- |

Cottage cheese filling: add eggs, granulated sugar and vanilla sugar and a pinch of salt to the cottage cheese. Mix well so that the mixture is smooth and spreadable. Divide into two parts.

| | Walnut filling: the basis of the walnut filling is finely ground walnuts. Mix the ground walnuts with the granulated sugar and vanilla sugar. Divide into two parts. |
| --- | --- |

Walnut filling: the basis of the walnut filling is finely ground walnuts. Mix the ground walnuts with the granulated sugar and vanilla sugar. Divide into two parts.

| | Apple filling: peel the apples, grate into thin ribbons, add granulated sugar and vanilla sugar and cinnamon. Mix together lightly. If very juicy apples are used, grate them, sprinkle with salt (optional) and leave them to rest for a while. Then squeeze them and only then add the remaining ingredients. Divide the filling into two parts. |
| --- | --- |

Apple filling: peel the apples, grate into thin ribbons, add granulated sugar and vanilla sugar and cinnamon. Mix together lightly. If very juicy apples are used, grate them, sprinkle with salt (optional) and leave them to rest for a while. Then squeeze them and only then add the remaining ingredients. Divide the filling into two parts.

| | Cream topping: Slowly beat whole eggs with sour or sweet cream. Pour the topping over the individual layers of filling in the Prekmurska gibanica. The quantity of cream topping is not the same for all the layers, so the total quantity must be appropriately divided. The biggest quantity of cream topping is used for the ‘dry’ fillings (poppy seed and walnut). The quantity is smaller for the cream cheese filling, while the smallest quantity is used for the apple filling (or the apples are so juicy that they do not require any topping at all). |
| --- | --- |

Cream topping: Slowly beat whole eggs with sour or sweet cream. Pour the topping over the individual layers of filling in the Prekmurska gibanica. The quantity of cream topping is not the same for all the layers, so the total quantity must be appropriately divided. The biggest quantity of cream topping is used for the ‘dry’ fillings (poppy seed and walnut). The quantity is smaller for the cream cheese filling, while the smallest quantity is used for the apple filling (or the apples are so juicy that they do not require any topping at all).

| | Fatty topping: the fatty topping can be made with butter or vegetable fat. Like the cream topping, the fatty topping is poured over the individual layers in Prekmurska gibanica. The quantity of topping per layer is the same as for the cream topping. |
| --- | --- |

Fatty topping: the fatty topping can be made with butter or vegetable fat. Like the cream topping, the fatty topping is poured over the individual layers in Prekmurska gibanica. The quantity of topping per layer is the same as for the cream topping.

| | The short pastry is made and the remaining ingredients are prepared. The prepared short pastry (fresh or from the refrigerator, where it must be cold stored) is rolled into a suitable shape for baking Prekmurska gibanica (rectangular or round). The thickness of the rolled short pastry must not be greater than 5 mm. Grease the tin with fat and place the rolled short pastry into it. Prick the short pastry with a fork in several places. Next place in a heated oven for a few minutes so that the pastry turns slightly yellow (this step is optional). |
| --- | --- |

The short pastry is made and the remaining ingredients are prepared. The prepared short pastry (fresh or from the refrigerator, where it must be cold stored) is rolled into a suitable shape for baking Prekmurska gibanica (rectangular or round). The thickness of the rolled short pastry must not be greater than 5 mm. Grease the tin with fat and place the rolled short pastry into it. Prick the short pastry with a fork in several places. Next place in a heated oven for a few minutes so that the pastry turns slightly yellow (this step is optional).

There are two ways to prepare the filo pastry, depending on the shape of the cake tin (rectangular or round):

| — | Rectangular baking tin
  Divide the freshly kneaded filo pastry into 10 small loaves. Coat the loaves of pastry with melted lard, butter or vegetable fat so that they are fresh and elastic after being left to rest. Once the pastry has rested, take one loaf, roll it and coat it with liquid fat once again so that it does not stick during subsequent working. Place the prepared dough of one loaf in a prepared greased tin with the short pastry so that the edges of the filo pastry overlap the edges of the tin. Cover the filo pastry in the tin with half of the poppy seed filling and pour cream topping and fatty topping over it. Spread the next layer of filo pastry over the poppy seed filling. Spoon half of the cream cheese filling onto the second layer of filo pastry and pour on a suitable quantity of the toppings (less than for the poppy seed filling). Place the third layer of filo pastry in the tin, spoon half of the walnut filling onto it and pour on the same quantities of the toppings as for the poppy seed filling. Now spread the fourth layer of filo pastry. Shake half of the apple filling onto it and pour on a very small amount of the toppings. If the apple filling is made from very juicy apples, do not pour any topping onto the filling. Now add a layer of filo pastry from the fifth loaf. At this point, the entire process is repeated in the same order, with the poppy seed layer being followed by cream cheese, walnuts and apple, with a layer of filo pastry between each filling. |
| --- | --- |

—

Rectangular baking tin

Divide the freshly kneaded filo pastry into 10 small loaves. Coat the loaves of pastry with melted lard, butter or vegetable fat so that they are fresh and elastic after being left to rest. Once the pastry has rested, take one loaf, roll it and coat it with liquid fat once again so that it does not stick during subsequent working. Place the prepared dough of one loaf in a prepared greased tin with the short pastry so that the edges of the filo pastry overlap the edges of the tin. Cover the filo pastry in the tin with half of the poppy seed filling and pour cream topping and fatty topping over it. Spread the next layer of filo pastry over the poppy seed filling. Spoon half of the cream cheese filling onto the second layer of filo pastry and pour on a suitable quantity of the toppings (less than for the poppy seed filling). Place the third layer of filo pastry in the tin, spoon half of the walnut filling onto it and pour on the same quantities of the toppings as for the poppy seed filling. Now spread the fourth layer of filo pastry. Shake half of the apple filling onto it and pour on a very small amount of the toppings. If the apple filling is made from very juicy apples, do not pour any topping onto the filling. Now add a layer of filo pastry from the fifth loaf. At this point, the entire process is repeated in the same order, with the poppy seed layer being followed by cream cheese, walnuts and apple, with a layer of filo pastry between each filling.

| — | Round baking tin
  Coat all the filo pastry dough with liquid fat before working, and stretch into a large circle. Lower the central part of the pastry into a greased baking tin containing the short pastry and cut off the parts of the pastry that overlap the edges of the tin into nine roughly equal parts. Spoon half of the poppy seed filling onto the pastry in the tin and pour on the two toppings. Then stretch over it the first piece of the cut pastry so that it overlaps the edges. Stretch the pieces of cut pastry alternately over the filling. Spread half of the cream cheese filling over the second layer of filo pastry and pour on a small quantity of the toppings. Evenly spread half of the walnut filling over the third layer of filo pastry. Sprinkle with an appropriate quantity of cream and fatty topping. Then stretch the fourth piece of pastry over the filling and shake half of the apple filling onto it. Pour on a very small amount of the two toppings. Repeat this procedure in the same order. When you have eight layers of filling with the corresponding layers of filo pastry between them, place the eighth layer of filo pastry over the last filling, sprinkle with cream topping or the fatty topping and then place a last (ninth) layer of filo pastry over it. |
| --- | --- |

—

Round baking tin

Coat all the filo pastry dough with liquid fat before working, and stretch into a large circle. Lower the central part of the pastry into a greased baking tin containing the short pastry and cut off the parts of the pastry that overlap the edges of the tin into nine roughly equal parts. Spoon half of the poppy seed filling onto the pastry in the tin and pour on the two toppings. Then stretch over it the first piece of the cut pastry so that it overlaps the edges. Stretch the pieces of cut pastry alternately over the filling. Spread half of the cream cheese filling over the second layer of filo pastry and pour on a small quantity of the toppings. Evenly spread half of the walnut filling over the third layer of filo pastry. Sprinkle with an appropriate quantity of cream and fatty topping. Then stretch the fourth piece of pastry over the filling and shake half of the apple filling onto it. Pour on a very small amount of the two toppings. Repeat this procedure in the same order. When you have eight layers of filling with the corresponding layers of filo pastry between them, place the eighth layer of filo pastry over the last filling, sprinkle with cream topping or the fatty topping and then place a last (ninth) layer of filo pastry over it.

Cut off all the thick edges of filo pastry which are left over when assembling the Prekmurska gibanica and which overlap the edges of the baking tin and place these remnants into the space between the Prekmurska gibanica and the edge of the tin. Coat the top layer of filo pastry in the tin with the fatty topping or with a combination of the fatty topping and sour or sweet cream into which egg yolk has been mixed. Pierce the Prekmurska gibanica in several places with a long thin needle to the bottom of the baking tin.

Immediately after preparation, the (uncooked) Prekmurska gibanica can be packed in a suitable packaging material and frozen the same day (it can be stored in a freezer for up to 3 months).

Prekmurska gibanica (fresh or frozen) is baked in an oven until it is fully cooked. The oven temperature is 200 °C for one hour, and 170 °C-180 °C for another hour. If the Prekmurska gibanica has only been covered with the fatty topping before being baked, it must be coated with sour cream or sweet cream when it is removed from the oven at the end of baking. The baked Prekmurska gibanica must be left to cool at room temperature for a few hours.

Baked Prekmurska gibanica must not be sliced when still hot. If baked in a round baking tin, it is sliced into triangles, and if baked in a rectangular baking tin, it is sliced into rectangles. An individual piece of baked Prekmurska gibanica must be between 5 and 7 cm high and must not weigh more than 250 g. After slicing, sprinkle the top layer of filo pastry with caster sugar. In the case of industrial production, the weight of an individual slice should not exceed 200 g, while its size should be around 5 × 7 cm.

3.7.   Specific character of the agricultural product or foodstuff:

Traditional Prekmurska gibanica is made from two different types of pastry (short pastry for the base and filo pastry between the layers of filling) and four different fillings (poppy seed, cottage cheese, walnut and apple). The fillings are always duplicated in a specific sequence, which gives the product its specific appearance. It is topped by a layer of filo pastry and a topping. Only quality fresh ingredients can be used to make Prekmurska gibanica. The preparation procedure must be followed consistently and requires considerable precision and knowledge. Particularly important are the special appearance and flavour afforded by the different layers.

3.8.   Traditional character of the agricultural product or foodstuff:

The word gibanica comes from the word gűba (fold or wrinkle) and the verb gibati (to bend or curve). Evidence that this type of cake has long been known in Prekmurje is provided by numerous historical sources. The oldest written source dates back to 1828, when the educator and priest Jožef Košič, compiled, at the request of the Slovak-born ethnographer Johann Csaplovics E. V. Jeszenova, a document indicating the most commonly eaten foods in a Prekmurje village a hundred years ago, paying special attention to dishes such as hajdinjača, prekmurska gibanica, krapci and vrtanki. Csaplovics published this essay in Hungarian and German (A magyaroszági Vendus-tótokról, Croaten und Wenden in Ungern). In this document, Košič also presents the dishes that are served at wedding feasts in Prekmurje. Gibanica is one of the dishes that is always eaten at weddings. The essay also states that gibanica takes its name from layered pastry—gyüba and had 10-11 layers. The gibanica was cut into triangular pieces, which were placed in a pile on the table. This account also mentions the first written sources describing the custom of preparing and offering gibanica in Prekmurje.

The first person to deal extensively and systematically with the eating habits of people in Prekmurje was Dr Vilko Novak. In his 1947 ethnographic study Ljudska prehrana v Prekmurju (The Popular Diet in Prekmurje), Prekmurska gibanica is mentioned as a baked farinaceous dish. Its preparation is also described: ‘Gibanica is made of short pastry using butter or fat. The bottom layer is known as the “sole”, onto which cottage cheese, walnuts, poppy seed and grapes are sprinkled. This layer is covered with a thin strudel dough, which is covered with a new layer, and cream is poured over each layer. Up to nine layers or folds are made — nine-fold gibanica. Gibanica is baked in a round earthenware dish called tepsija for feasts to celebrate baptisms, weddings and patron saint days’. Even today this work serves as a guide to numerous researchers in this field.

A very detailed written recipe for Prekmurska gibanica was described by Andreja Grum and Ivan Vozelj in the 1964 book Slovenske narodne jedi (Slovenian national dishes). This book describes two recipes for prekmurska gibanica, both of which state the following: ‘There are two types of pastry in prekmurska gibanica. The bottom layer is made of short pastry and is somewhat thicker. It is called podplat (sole). The other layers of pastry that are placed on top are filo pastry. The bottom layer is also thicker when the whole gibanica is made of the same pastry, which is filo pastry’.

Prekmurska gibanica is even mentioned by Prekmurje’s greatest poet Miško Kranjec in his 1972 work Povest o dobrih ljudeh (A Tale of Good People): ‘It has to be said that only a gibanica makes it a real holiday. Although a poor man can afford it barely once a year, this is a sign that no-one can survive a year without at least one holiday. Meanwhile Anna took the gibanica from the oven and placed it on the table, holding the tepsija with cloths so as not to burn herself. Joseph placed under it the wooden saucer on which the water jug usually stood. Then he looked closely at the gibanica. It lay in front of him all colourful, yellow and white, with poppy seeds here and there, still piping hot, smeared with cream and sprinkled with sugar. He nodded, saying: “It’s good. I would eat it even if I were lying on my death bed and knew full well that it could no longer do me any good. And even in heaven I would mourn it, if I had to leave it whole in the world”.’

In the past fifteen years a number of books describing Prekmurska gibanica have been published. Prekmurska gibanica has been presented in the culinary sense by Cilka Sukič in Jedi nekdanjih in sedanjih dni. Prekmurska, prleška in štajerska kuhinja (Old and modern dishes. Cooking of Prekmurje, Prlekija and Styria) (1997), Jože Zadravec in Značilnosti ljudske prehrane v Prekmurju (Characteristics of the popular diet in Prekmurje) (1998) and Branko Časar in Boug žegnjaj (Blessed food) (2000). The technology of its manufacture and the evaluation of its organoleptic characteristics are described in detail by Stanko Renčelj and Romana Karas in Prekmurska dobrote (Culinary Specialities of Prekmurje) (2001).

3.9.   Minimum requirements and procedures to check the specific character:

Prekmurska gibanica must meet the basic minimum requirements that are laid down in the specifications and reflect the specific character of the product. The basic minimum requirements for Prekmurska gibanica are:

| — | the prescribed ingredients must be used, |
| --- | --- |

—

the prescribed ingredients must be used,

| — | the recipe for producing prekmurska gibanica must be adhered to, |
| --- | --- |

—

the recipe for producing prekmurska gibanica must be adhered to,

| — | the final product must have the correct sequence of fillings (poppy seed, cottage cheese, walnuts and apple), the correct number of layers, fillings of the same thickness, the prescribed slice height, slice shape, slice weight, flavour, aroma and texture. |
| --- | --- |

—

the final product must have the correct sequence of fillings (poppy seed, cottage cheese, walnuts and apple), the correct number of layers, fillings of the same thickness, the prescribed slice height, slice shape, slice weight, flavour, aroma and texture.

Producers of Prekmurska gibanica must keep records of the quantities of Prekmurska gibanica produced and sold.

Checks on compliance with the specifications in terms of the use of the prescribed ingredients, the production process and the appearance and organoleptic characteristics of the final product must be carried out by individual producers and/or associations of producers, and at least once a year also by a certification body that verifies compliance with the European standard EN 45011.

4.   Authorities or bodies verifying compliance with the product specification:

4.1.   Name and address:

| Name: | Bureau Veritas d.o.o. |
| --- | --- |
| Address: | Linhartova 49a |
| SI-1000 Ljubljana |
| SLOVENIJA |

Name:

Bureau Veritas d.o.o.

Address:

Linhartova 49a

SI-1000 Ljubljana

SLOVENIJA

Telephone

+386 14757670

Telefax

—

E-mail:

info@bureauveritas.com

 PublicImage Private

4.2.   Specific tasks of the authority or body:

Bureau Veritas is the accredited Slovenian monitoring body responsible for checks on all the production stages prescribed in the specification for Prekmurska gibanica.

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Corrigenda

| 18.6.2009 | EN | Official Journal of the European Union | C 138/15 |
| --- | --- | --- | --- |

18.6.2009

EN

Official Journal of the European Union

C 138/15

---

Corrigendum to the call for proposals for indirect actions under the multi-annual Community Programme on protecting children using the Internet and other communication technologies (Safer Internet)

(
  Official Journal of the European Union C 132 of 11 June 2009
  )

2009/C 138/11

On page 10, footnote 2:

for:

‘Commission Decision C(2009) 4023 of 28.5.2009, http://ec.europa.eu/saferinternet’,

read:

‘Commission Decision C(2009) 4023 of 29.5.2009, http://ec.europa.eu/saferinternet’;

on page 11, the first sentence of paragraph 5:

for:

‘The indicative total budget available for this call under the 2009 budget is 9 333 MEUR of Community contribution.’,

read:

‘The indicative total budget available for this call under the 2009 budget is EUR 9,333 million of Community contribution.’.

---