# Official Journal C 56/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.056.eng |
| --- | --- |
| Official Journal
  of the European Union | C 56 |
| | |
| English edition | Information and Notices | Volume 5422 February 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.056.eng

Official Journal

of the European Union

C 56

English edition

Information and Notices

Volume 5422 February 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | Council |
| 2011/C 056/01 | Council Recommendation of 15 February 2011 on the appointment of a member of the Executive Board of the European Central Bank | 1 |
| | OPINIONS |
| | European Data Protection Supervisor |
| 2011/C 056/02 | Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council — The EU Counter-Terrorism Policy: main achievements and future challenges | 2 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

2011/C 056/01

Council Recommendation of 15 February 2011 on the appointment of a member of the Executive Board of the European Central Bank

1

OPINIONS

European Data Protection Supervisor

2011/C 056/02

Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council — The EU Counter-Terrorism Policy: main achievements and future challenges

2

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 056/03 | Commission communication on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009 | 7 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 056/03

Commission communication on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009

7

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 056/04 | Council Decision of 14 February 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training | 8 |
| | European Commission |
| 2011/C 056/05 | Euro exchange rates | 9 |
| 2011/C 056/06 | Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2011(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)) | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 056/04

Council Decision of 14 February 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

8

European Commission

2011/C 056/05

Euro exchange rates

9

2011/C 056/06

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2011(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

10

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 056/07 | Prior notification of a concentration (Case COMP/M.6130 — AXA IMPEE/NOVACAP) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2011/C 056/08 | Prior notification of a concentration (Case COMP/M.6121 — GEA Dutch Holdings BV/CFS Holdings BV) — Candidate case for simplified procedure (
  1
  ) | 12 |
| | OTHER ACTS |
| | European Commission |
| 2011/C 056/09 | Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 13 |
| 2011/C 056/10 | Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 18 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 056/07

Prior notification of a concentration (Case COMP/M.6130 — AXA IMPEE/NOVACAP) — Candidate case for simplified procedure (
  1
  )

1

11

2011/C 056/08

Prior notification of a concentration (Case COMP/M.6121 — GEA Dutch Holdings BV/CFS Holdings BV) — Candidate case for simplified procedure (
  1
  )

1

12

OTHER ACTS

European Commission

2011/C 056/09

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

13

2011/C 056/10

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

18

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(1)   Text with EEA relevance

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EN

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I Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

| 22.2.2011 | EN | Official Journal of the European Union | C 56/1 |
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22.2.2011

EN

Official Journal of the European Union

C 56/1

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COUNCIL RECOMMENDATION

of 15 February 2011

on the appointment of a member of the Executive Board of the European Central Bank

2011/C 56/01

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2)(h) thereof, and Articles 11.2 and 42.3 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank,

HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:

To appoint Mr Peter PRAET as member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2011.

Done at Brussels, 15 February 2011.

For the Council

The President

MATOLCSY Gy.

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OPINIONS

European Data Protection Supervisor

| 22.2.2011 | EN | Official Journal of the European Union | C 56/2 |
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22.2.2011

EN

Official Journal of the European Union

C 56/2

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Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council — ‘The EU Counter-Terrorism Policy: main achievements and future challenges’

2011/C 56/02

THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty on the Functioning of the European Union, and in particular its Article 16,

Having regard to the Charter of Fundamental Rights of the European Union, and in particular its Articles 7 and 8,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1),

Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2), and in particular its Article 41,

HAS ADOPTED THE FOLLOWING OPINION:

I.   INTRODUCTION

| 1. | On 20 July 2010, the Commission adopted a Communication entitled ‘The EU Counter-Terrorism Policy: main achievements and future challenges’ (3). The Communication aims at providing ‘the core elements of a political assessment of the current EU Counter Terrorism Strategy’, and constitutes also an element of the Internal Security Strategy (4). It assesses past achievements and draws future challenges and policy lines for the EU Counter-Terrorism Policy. |
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1.

On 20 July 2010, the Commission adopted a Communication entitled ‘The EU Counter-Terrorism Policy: main achievements and future challenges’ (3). The Communication aims at providing ‘the core elements of a political assessment of the current EU Counter Terrorism Strategy’, and constitutes also an element of the Internal Security Strategy (4). It assesses past achievements and draws future challenges and policy lines for the EU Counter-Terrorism Policy.

| 2. | Many of the initiatives mentioned in the Communication have been already subject of specific EDPS opinions or comments. However, this Communication presents a broad policy perspective and long-term orientations that justify a dedicated EDPS opinion. |
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2.

Many of the initiatives mentioned in the Communication have been already subject of specific EDPS opinions or comments. However, this Communication presents a broad policy perspective and long-term orientations that justify a dedicated EDPS opinion.

| 3. | This opinion thus aims at contributing to more fundamental policy choices in an area where the use of personal information is at the same time crucial, massive and particularly sensitive. |
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3.

This opinion thus aims at contributing to more fundamental policy choices in an area where the use of personal information is at the same time crucial, massive and particularly sensitive.

| 4. | The opinion does not comment on the most recent Communication of the Commission in this area ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’, adopted on 22 November 2010 (5). This Communication will be analyzed by the EDPS in a separate opinion which will also address again the need for clear links between the different documents. |
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4.

The opinion does not comment on the most recent Communication of the Commission in this area ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’, adopted on 22 November 2010 (5). This Communication will be analyzed by the EDPS in a separate opinion which will also address again the need for clear links between the different documents.

| 5. | In this opinion, the EDPS analyzes the different elements of the Communication, while providing advice and recommendations in order to ensure the fundamental right to the protection of personal data in the area of EU Counter-Terrorism Policy, especially when addressing future challenges and developing new policy orientations. |
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5.

In this opinion, the EDPS analyzes the different elements of the Communication, while providing advice and recommendations in order to ensure the fundamental right to the protection of personal data in the area of EU Counter-Terrorism Policy, especially when addressing future challenges and developing new policy orientations.

II.   ANALYSIS OF THE COMMUNICATION AND RELEVANT DATA PROTECTION ISSUES

| 6. | By building on the structure of the 2005 EU Counter-Terrorism Strategy (6), the Communication first analyzes the four major strands of EU Counter-Terrorism Policy: prevent, protect, pursue and respond. A specific chapter then addresses some horizontal issues, namely the respect of fundamental rights, international cooperation and funding. |
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6.

By building on the structure of the 2005 EU Counter-Terrorism Strategy (6), the Communication first analyzes the four major strands of EU Counter-Terrorism Policy: prevent, protect, pursue and respond. A specific chapter then addresses some horizontal issues, namely the respect of fundamental rights, international cooperation and funding.

1.   Prevent, Protect, Pursue, Respond and the need to embed data protection principles

| 7. | ‘Prevent’ encompasses a broad number of activities, ranging from preventing radicalisation and recruitment to dealing with the way terrorists use the internet. In this context the Communication reports among the main achievements the Council Framework Decision on combating terrorism, adopted in 2002 (7) and amended in 2008 (8). |
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7.

‘Prevent’ encompasses a broad number of activities, ranging from preventing radicalisation and recruitment to dealing with the way terrorists use the internet. In this context the Communication reports among the main achievements the Council Framework Decision on combating terrorism, adopted in 2002 (7) and amended in 2008 (8).

| 8. | ‘Protecting’ people and infrastructure is also a very broad subject, including initiatives on border security, transport security, control of explosive precursors, protection of critical infrastructure and strengthening of the supply chain. |
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8.

‘Protecting’ people and infrastructure is also a very broad subject, including initiatives on border security, transport security, control of explosive precursors, protection of critical infrastructure and strengthening of the supply chain.

| 9. | ‘Pursue’ includes information gathering, police and judicial cooperation and combating terrorist activities and financing. Future challenges in this sector are the establishment of an EU PNR framework (9), the use of Article 75 TFEU to develop a framework for freezing of funds and financial assets, as well as mutual recognition in obtaining evidence in criminal matters. |
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9.

‘Pursue’ includes information gathering, police and judicial cooperation and combating terrorist activities and financing. Future challenges in this sector are the establishment of an EU PNR framework (9), the use of Article 75 TFEU to develop a framework for freezing of funds and financial assets, as well as mutual recognition in obtaining evidence in criminal matters.

| 10. | ‘Respond’ refers to the capacity of dealing with the aftermath of terrorist attack, and includes assistance to victims of terrorism. |
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10.

‘Respond’ refers to the capacity of dealing with the aftermath of terrorist attack, and includes assistance to victims of terrorism.

| 11. | All these areas present strong links with initiatives on which the EDPS has already taken position: the Stockholm Programme, restrictive measures and asset freezing, data retention, security scanners, weapons precursors, biometrics, the Prüm Decision, Passengers Name Records, the TFTP agreement, the Schengen Information System, the Visa Information System, integrated border management, the EU Information Management Strategy and the cross-border exchange of evidence. |
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11.

All these areas present strong links with initiatives on which the EDPS has already taken position: the Stockholm Programme, restrictive measures and asset freezing, data retention, security scanners, weapons precursors, biometrics, the Prüm Decision, Passengers Name Records, the TFTP agreement, the Schengen Information System, the Visa Information System, integrated border management, the EU Information Management Strategy and the cross-border exchange of evidence.

| 12. | The areas of ‘prevention’ and ‘protection’ are the most delicate ones from a data protection perspective, for various reasons. |
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12.

The areas of ‘prevention’ and ‘protection’ are the most delicate ones from a data protection perspective, for various reasons.

| 13. | Firstly, these areas are by definition based on prospective risk assessments, which in most cases trigger a broad and ‘preventive’ processing of vast amounts of personal information on non-suspected citizens (such as, for example, internet screening, e-borders and security scanners). |
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13.

Firstly, these areas are by definition based on prospective risk assessments, which in most cases trigger a broad and ‘preventive’ processing of vast amounts of personal information on non-suspected citizens (such as, for example, internet screening, e-borders and security scanners).

| 14. | Secondly, the Communication envisages increasing partnerships between law enforcement authorities and private companies (such as internet service providers, financial institutions and transportation companies) with a view to exchange relevant information and sometimes to ‘delegate’ to them certain parts of law enforcement tasks. This entails an increased use of personal data, collected by private companies for commercial purposes, for the use by public authorities for law enforcement purposes. |
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14.

Secondly, the Communication envisages increasing partnerships between law enforcement authorities and private companies (such as internet service providers, financial institutions and transportation companies) with a view to exchange relevant information and sometimes to ‘delegate’ to them certain parts of law enforcement tasks. This entails an increased use of personal data, collected by private companies for commercial purposes, for the use by public authorities for law enforcement purposes.

| 15. | Many of these initiatives were taken, often as a fast response to terrorist incidents, without a thorough consideration of possible duplications or overlapping with already existing measures. In some cases, even a few years after their entry into force, it is not yet established to which extent the invasion of citizens’ privacy ensuing from these measures was in all cases really necessary. |
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15.

Many of these initiatives were taken, often as a fast response to terrorist incidents, without a thorough consideration of possible duplications or overlapping with already existing measures. In some cases, even a few years after their entry into force, it is not yet established to which extent the invasion of citizens’ privacy ensuing from these measures was in all cases really necessary.

| 16. | Furthermore, ‘preventive’ use of personal data is more likely to lead to discrimination. The preventive analysis of information would entail the collection and processing of personal data relating to broad categories of individuals (for example, all passengers, all internet users) irrespective of any specific suspicion about them. The analysis of these data — especially if coupled with data-mining techniques — may result in innocent people being flagged as suspects only because their profile (age, sex, religion, etc.) and/or patterns (for example, in travelling, in using internet, etc) match those of people connected with terrorism or suspected to be connected. Therefore, especially in this context, an unlawful or inaccurate use of (sometimes sensitive) personal information, coupled with broad coercive powers of law enforcement authorities, may lead to discrimination and stigmatization of specific persons and/or groups of people. |
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16.

Furthermore, ‘preventive’ use of personal data is more likely to lead to discrimination. The preventive analysis of information would entail the collection and processing of personal data relating to broad categories of individuals (for example, all passengers, all internet users) irrespective of any specific suspicion about them. The analysis of these data — especially if coupled with data-mining techniques — may result in innocent people being flagged as suspects only because their profile (age, sex, religion, etc.) and/or patterns (for example, in travelling, in using internet, etc) match those of people connected with terrorism or suspected to be connected. Therefore, especially in this context, an unlawful or inaccurate use of (sometimes sensitive) personal information, coupled with broad coercive powers of law enforcement authorities, may lead to discrimination and stigmatization of specific persons and/or groups of people.

| 17. | In this perspective, ensuring a high level of data protection is also a means contributing to fighting racism, xenophobia and discrimination, which, according to the Communication, ‘can also contribute to preventing radicalisation and recruitment into terrorism’. |
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17.

In this perspective, ensuring a high level of data protection is also a means contributing to fighting racism, xenophobia and discrimination, which, according to the Communication, ‘can also contribute to preventing radicalisation and recruitment into terrorism’.

2.   A consistent approach based on the principle of necessity

| 18. | An important general remark concerns the need to ensure consistency and clear relations between all Communications and initiatives in the area of home affairs, and in particular within the area of Internal Security. For example, even though the EU counter-terrorism strategy is closely linked with the Information Management Strategy, the Strategy on the Charter of Fundamental Rights and the European Information Exchange Model, the relations between all these documents are not explicitly and comprehensively addressed. This became even more obvious with the adoption on 22 November 2010 of ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe (10)’. |
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18.

An important general remark concerns the need to ensure consistency and clear relations between all Communications and initiatives in the area of home affairs, and in particular within the area of Internal Security. For example, even though the EU counter-terrorism strategy is closely linked with the Information Management Strategy, the Strategy on the Charter of Fundamental Rights and the European Information Exchange Model, the relations between all these documents are not explicitly and comprehensively addressed. This became even more obvious with the adoption on 22 November 2010 of ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe (10)’.

| 19. | The EDPS therefore recommends the EU institutions to ensure that policies and initiatives in the area of home affairs and internal security are designed and implemented in a way which will ensure a consistent approach and clear links between them, providing for appropriate and positive synergies, and avoiding duplication of work and efforts. |
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19.

The EDPS therefore recommends the EU institutions to ensure that policies and initiatives in the area of home affairs and internal security are designed and implemented in a way which will ensure a consistent approach and clear links between them, providing for appropriate and positive synergies, and avoiding duplication of work and efforts.

| 20. | The EDPS recommends furthermore that the principle of necessity is explicitly considered in each proposal in this area. This should be done both by considering possible overlaps with already existing instruments and by limiting the collection and exchange of personal data to what is really necessary for the purposes pursued. |
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20.

The EDPS recommends furthermore that the principle of necessity is explicitly considered in each proposal in this area. This should be done both by considering possible overlaps with already existing instruments and by limiting the collection and exchange of personal data to what is really necessary for the purposes pursued.

| 21. | For example, in the case of the Terrorist Finance Tracking Program (TFTP II) Agreement with the US, the EDPS questioned to which extent the agreement was really necessary in order to obtain results that could be obtained by using less privacy-intrusive instruments, such as those already laid down by the existing EU and international framework (11). In the same opinion, the EDPS questioned the necessity of sending personal data in bulk, rather than in a more targeted fashion. |
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21.

For example, in the case of the Terrorist Finance Tracking Program (TFTP II) Agreement with the US, the EDPS questioned to which extent the agreement was really necessary in order to obtain results that could be obtained by using less privacy-intrusive instruments, such as those already laid down by the existing EU and international framework (11). In the same opinion, the EDPS questioned the necessity of sending personal data in bulk, rather than in a more targeted fashion.

| 22. | The Communication mentions as one of the challenges ‘to ensure that these instruments cover the real needs (of law enforcement) while ensuring full respect for the right to privacy and data protection rules’. The EDPS welcomes this explicit recognition and calls for EU institutions to carefully assess to which extent the instruments already in place as well as the envisaged ones cover the real needs of law enforcement, while avoiding overlaps of measures, or unnecessary restrictions to the private life. In this perspective, existing instruments should prove in periodic reviews that they constitute effective means of fighting terrorism. |
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22.

The Communication mentions as one of the challenges ‘to ensure that these instruments cover the real needs (of law enforcement) while ensuring full respect for the right to privacy and data protection rules’. The EDPS welcomes this explicit recognition and calls for EU institutions to carefully assess to which extent the instruments already in place as well as the envisaged ones cover the real needs of law enforcement, while avoiding overlaps of measures, or unnecessary restrictions to the private life. In this perspective, existing instruments should prove in periodic reviews that they constitute effective means of fighting terrorism.

| 23. | The EDPS has advocated the need for assessment of all existing instruments on information exchange before proposing new ones in numerous opinions and comments, and with particular emphasis in the recent opinion on the ‘Overview of information management in the area of freedom, security and justice’ (12). Indeed, assessing the effectiveness of existing measures while considering the impact on privacy of new envisaged measures is crucial and should vest an important role in European Union's action in this area, in line with the approach put forward by the Stockholm Programme. |
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23.

The EDPS has advocated the need for assessment of all existing instruments on information exchange before proposing new ones in numerous opinions and comments, and with particular emphasis in the recent opinion on the ‘Overview of information management in the area of freedom, security and justice’ (12). Indeed, assessing the effectiveness of existing measures while considering the impact on privacy of new envisaged measures is crucial and should vest an important role in European Union's action in this area, in line with the approach put forward by the Stockholm Programme.

| 24. | Overlaps and lack of effectiveness should lead to adjustments in policy choices or even to consolidating or dismissing existing data collection and processing systems. |
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24.

Overlaps and lack of effectiveness should lead to adjustments in policy choices or even to consolidating or dismissing existing data collection and processing systems.

| 25. | The EDPS recommends that special attention be paid to those proposals resulting in general collections of personal data of all citizens, rather than only suspects. Specific consideration and justification should also be given to those cases where processing of personal data is foreseen for purposes other than those for which they were initially collected, such as for example in the case of access for law enforcement purposes of personal data stored in the Eurodac system. |
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25.

The EDPS recommends that special attention be paid to those proposals resulting in general collections of personal data of all citizens, rather than only suspects. Specific consideration and justification should also be given to those cases where processing of personal data is foreseen for purposes other than those for which they were initially collected, such as for example in the case of access for law enforcement purposes of personal data stored in the Eurodac system.

| 26. | The Communication also highlights that one of the future challenges will be to ensure an effective security research policy, which would contribute to a high level of security. The EDPS supports the Communication's statement that an effective security research should strengthen the links between different actors. In this perspective, it is crucial that data protection expertise is fed into the security research at a very early stage, so as to guide policy options and to ensure that privacy is embedded to the fullest possible extent in new security-oriented technologies, according to the principle of ‘privacy by design’. |
| --- | --- |

26.

The Communication also highlights that one of the future challenges will be to ensure an effective security research policy, which would contribute to a high level of security. The EDPS supports the Communication's statement that an effective security research should strengthen the links between different actors. In this perspective, it is crucial that data protection expertise is fed into the security research at a very early stage, so as to guide policy options and to ensure that privacy is embedded to the fullest possible extent in new security-oriented technologies, according to the principle of ‘privacy by design’.

3.   With regard to the use of restrictive (asset-freezing) measures

| 27. | With regard to the use of restrictive (asset-freezing) measures towards specific countries and suspected terrorists, the case law of the Court of Justice has repeatedly and consistently confirmed that the respect of fundamental rights in the fight against terrorism is crucial, with a view to ensuring both respect of citizens’ rights and lawfulness of the measures taken. |
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27.

With regard to the use of restrictive (asset-freezing) measures towards specific countries and suspected terrorists, the case law of the Court of Justice has repeatedly and consistently confirmed that the respect of fundamental rights in the fight against terrorism is crucial, with a view to ensuring both respect of citizens’ rights and lawfulness of the measures taken.

| 28. | The EDPS has already contributed with opinions and comments in this area (13), on the one hand highlighting the improvements made in the procedures, but on the other hand requesting further improvements, especially with regard to the right of information and of access to personal data, the clear definition of restrictions to these rights, and the availability of effective judicial remedies and independent supervision. |
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28.

The EDPS has already contributed with opinions and comments in this area (13), on the one hand highlighting the improvements made in the procedures, but on the other hand requesting further improvements, especially with regard to the right of information and of access to personal data, the clear definition of restrictions to these rights, and the availability of effective judicial remedies and independent supervision.

| 29. | The need for further improvements of the procedure and the safeguards available to listed individuals has been recently confirmed by the General Court in the so-called ‘Kadi II’ case (14). In particular, the Court highlighted the necessity that the listed person should be informed in details about the reasons for being listed. This comes very close to the rights, under data protection law, to have access to one's own personal data and to have them rectified, notably when they are incorrect or out of date. These rights, explicitly mentioned by Article 8 of the Charter of Fundamental Rights, constitute core elements of data protection, and may be subject to limitations only to the extent these limitations are necessary, foreseeable and laid down by law. |
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29.

The need for further improvements of the procedure and the safeguards available to listed individuals has been recently confirmed by the General Court in the so-called ‘Kadi II’ case (14). In particular, the Court highlighted the necessity that the listed person should be informed in details about the reasons for being listed. This comes very close to the rights, under data protection law, to have access to one's own personal data and to have them rectified, notably when they are incorrect or out of date. These rights, explicitly mentioned by Article 8 of the Charter of Fundamental Rights, constitute core elements of data protection, and may be subject to limitations only to the extent these limitations are necessary, foreseeable and laid down by law.

| 30. | In this perspective, the EDPS agrees with the Communication that one of the future challenges in the area of counter-terrorism policy will be the use of Article 75 TFEU. This new legal basis, introduced by the Lisbon Treaty, specifically allows establishing asset-freezing measures against natural or legal persons. The EDPS recommends that this legal basis be used also to lay down a framework for asset freezing which is fully compliant with the respect of fundamental rights. The EDPS is available to further contribute to the development of relevant legislative instruments and procedures, and looks forward to being duly and timely consulted when the Commission — pursuant to its 2011 Work Programme — will develop a specific regulation in this area (15). |
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30.

In this perspective, the EDPS agrees with the Communication that one of the future challenges in the area of counter-terrorism policy will be the use of Article 75 TFEU. This new legal basis, introduced by the Lisbon Treaty, specifically allows establishing asset-freezing measures against natural or legal persons. The EDPS recommends that this legal basis be used also to lay down a framework for asset freezing which is fully compliant with the respect of fundamental rights. The EDPS is available to further contribute to the development of relevant legislative instruments and procedures, and looks forward to being duly and timely consulted when the Commission — pursuant to its 2011 Work Programme — will develop a specific regulation in this area (15).

| 31. | In a broader perspective, there is a need to establish a data protection framework applicable also to the Common Foreign and Security Policy. Indeed, Article 16 TFEU provides a legal basis for establishing data protection rules also in the area of Common Foreign and Security Policy. The different legal basis and procedure laid down by Article 39 TEU will apply only when personal data are processed in this area by the Member States. However, even if the Lisbon Treaty calls for these data protection rules and provides the tools to establish them, for the moment no initiative is foreseen in the recent Communication on ‘A comprehensive approach on personal data protection in the European Union’ (16) Against this background, the EDPS urges the Commission to present a proposal for the establishment of a data protection framework in the Area of Common Foreign and Security Policy. |
| --- | --- |

31.

In a broader perspective, there is a need to establish a data protection framework applicable also to the Common Foreign and Security Policy. Indeed, Article 16 TFEU provides a legal basis for establishing data protection rules also in the area of Common Foreign and Security Policy. The different legal basis and procedure laid down by Article 39 TEU will apply only when personal data are processed in this area by the Member States. However, even if the Lisbon Treaty calls for these data protection rules and provides the tools to establish them, for the moment no initiative is foreseen in the recent Communication on ‘A comprehensive approach on personal data protection in the European Union’ (16) Against this background, the EDPS urges the Commission to present a proposal for the establishment of a data protection framework in the Area of Common Foreign and Security Policy.

4.   Respect for Fundamental Rights and International Cooperation

| 32. | The chapter dedicated to the respect of fundamental rights, highlights that the EU should be exemplary in the respect of Charter of Fundamental Rights, which should be the compass for all EU policies. The EDPS welcomes this approach. |
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32.

The chapter dedicated to the respect of fundamental rights, highlights that the EU should be exemplary in the respect of Charter of Fundamental Rights, which should be the compass for all EU policies. The EDPS welcomes this approach.

| 33. | The EDPS also supports the statement that respect of fundamental rights is not only a legal requirement, but also a key condition for promoting mutual confidence between national authorities and trust among the public at large. |
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33.

The EDPS also supports the statement that respect of fundamental rights is not only a legal requirement, but also a key condition for promoting mutual confidence between national authorities and trust among the public at large.

| 34. | Against this background, the EDPS recommends a proactive approach and concrete actions in making this happen, also as a means to effectively implement the EU Charter of Fundamental Rights (17). |
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34.

Against this background, the EDPS recommends a proactive approach and concrete actions in making this happen, also as a means to effectively implement the EU Charter of Fundamental Rights (17).

| 35. | Privacy Impact Assessments (PIAs) and early consultation of competent data protection authorities should be ensured for all initiatives having an impact on the protection of personal data, irrespective of their initiator and of the area in which they are proposed. |
| --- | --- |

35.

Privacy Impact Assessments (PIAs) and early consultation of competent data protection authorities should be ensured for all initiatives having an impact on the protection of personal data, irrespective of their initiator and of the area in which they are proposed.

| 36. | In its chapter on international cooperation, the Communication also highlights the need to create ‘the necessary legal and political framework conditions for enhanced cooperation with the EU's external partners in the field of combating terrorism’. |
| --- | --- |

36.

In its chapter on international cooperation, the Communication also highlights the need to create ‘the necessary legal and political framework conditions for enhanced cooperation with the EU's external partners in the field of combating terrorism’.

| 37. | In this respect, the EDPS reminds of the need to ensure that adequate safeguards are put in place when personal data are exchanged with third countries and international organisations, in order to ensure that citizens’ data protection rights are adequately respected also in the context of international cooperation. |
| --- | --- |

37.

In this respect, the EDPS reminds of the need to ensure that adequate safeguards are put in place when personal data are exchanged with third countries and international organisations, in order to ensure that citizens’ data protection rights are adequately respected also in the context of international cooperation.

| 38. | This also includes promoting data protection in cooperation with third countries and international organizations, in order to ensure that EU standards are met. This is also in line with the Commission's intention to develop high legal and technical standards of data protection in third countries and at international level, and enhancing cooperation with third countries (18). |
| --- | --- |

38.

This also includes promoting data protection in cooperation with third countries and international organizations, in order to ensure that EU standards are met. This is also in line with the Commission's intention to develop high legal and technical standards of data protection in third countries and at international level, and enhancing cooperation with third countries (18).

| 39. | A clear opportunity for the European Union's action in this area is provided by the (asset-freezing) restrictive measures, where intense cooperation with third countries and United Nations should not reduce the high level of protection of fundamental rights provided by the EU legal system. |
| --- | --- |

39.

A clear opportunity for the European Union's action in this area is provided by the (asset-freezing) restrictive measures, where intense cooperation with third countries and United Nations should not reduce the high level of protection of fundamental rights provided by the EU legal system.

III.   CONCLUSIONS

| 40. | The EDPS welcomes the attention that the Communication pays to fundamental rights and data protection, and recommends further concrete improvements in the area of counter-terrorism policy. |
| --- | --- |

40.

The EDPS welcomes the attention that the Communication pays to fundamental rights and data protection, and recommends further concrete improvements in the area of counter-terrorism policy.

| 41. | The EDPS recommends supporting with concrete initiatives the respect of fundamental rights in this area, and in particular of the right to the protection of personal data which is a necessary ally to promote legal certainty, trust and cooperation in the fight against terrorism, as well as a necessary legal condition for the development of the envisaged systems. |
| --- | --- |

41.

The EDPS recommends supporting with concrete initiatives the respect of fundamental rights in this area, and in particular of the right to the protection of personal data which is a necessary ally to promote legal certainty, trust and cooperation in the fight against terrorism, as well as a necessary legal condition for the development of the envisaged systems.

| 42. | The EDPS also supports the approach that systematic policy making in this area should be preferred to incident-driven policy-making, especially when incidents lead to the creation of new systems of data storage, collection and exchange without a proper assessment of existing alternatives. |
| --- | --- |

42.

The EDPS also supports the approach that systematic policy making in this area should be preferred to incident-driven policy-making, especially when incidents lead to the creation of new systems of data storage, collection and exchange without a proper assessment of existing alternatives.

| 43. | In this perspective, the EDPS recommends the EU institutions to ensure that policies and initiatives in the area of home affairs and internal security are designed and implemented in a way which will ensure a consistent approach and clear links between them, providing for appropriate and positive synergies, and avoiding duplication of work and efforts. |
| --- | --- |

43.

In this perspective, the EDPS recommends the EU institutions to ensure that policies and initiatives in the area of home affairs and internal security are designed and implemented in a way which will ensure a consistent approach and clear links between them, providing for appropriate and positive synergies, and avoiding duplication of work and efforts.

| 44. | Against this background, EDPS recommends the EU legislator to step up the role of data protection, by committing to specific actions (and deadlines), such as:






  — | Assessing the effectiveness of existing measures while considering their impact on privacy is crucial and should vest an important role in European Union's action in this area. |
| --- | --- | --- |

44.

Against this background, EDPS recommends the EU legislator to step up the role of data protection, by committing to specific actions (and deadlines), such as:

—

Assessing the effectiveness of existing measures while considering their impact on privacy is crucial and should vest an important role in European Union's action in this area.

| — | When envisaging new measures, considering possible overlapping with already existing instruments, taking into account their effectiveness, and limiting the collection and exchange of personal data to what is really necessary for the purposes pursued. |
| --- | --- |

—

When envisaging new measures, considering possible overlapping with already existing instruments, taking into account their effectiveness, and limiting the collection and exchange of personal data to what is really necessary for the purposes pursued.

| — | Proposing the establishment of a data protection framework applicable also to the Common Foreign and Security Policy. |
| --- | --- |

—

Proposing the establishment of a data protection framework applicable also to the Common Foreign and Security Policy.

| — | Proposing a comprehensive and global approach to ensuring, in the area of (asset-freezing) restrictive measures, both the effectiveness of the law enforcement action and the respect for fundamental rights, on the basis of Article 75 TFEU. |
| --- | --- |

—

Proposing a comprehensive and global approach to ensuring, in the area of (asset-freezing) restrictive measures, both the effectiveness of the law enforcement action and the respect for fundamental rights, on the basis of Article 75 TFEU.

| — | Putting data protection at the heart of the debate of the measures in this area, by ensuring for example that Privacy and Data Protection Impact Assessments are carried out and competent data protection authorities are timely consulted when relevant proposals in this area are put forward. |
| --- | --- |

—

Putting data protection at the heart of the debate of the measures in this area, by ensuring for example that Privacy and Data Protection Impact Assessments are carried out and competent data protection authorities are timely consulted when relevant proposals in this area are put forward.

| — | Ensuring that data protection expertise is fed into the security research at a very early stage, so as to guide policy options and to ensure that privacy is embedded to the fullest possible extent in new security-oriented technologies. |
| --- | --- |

—

Ensuring that data protection expertise is fed into the security research at a very early stage, so as to guide policy options and to ensure that privacy is embedded to the fullest possible extent in new security-oriented technologies.

| — | Ensuring adequate safeguards when personal data are processed in the context of international cooperation, while promoting the development and implementation of data protection principles by third countries and international organisations. |
| --- | --- |

—

Ensuring adequate safeguards when personal data are processed in the context of international cooperation, while promoting the development and implementation of data protection principles by third countries and international organisations.

Done at Brussels, 24 November 2010.

Peter HUSTINX

European Data Protection Supervisor

---

(1)  OJ L 281, 23.11.1995, p. 31.

1

(2)  OJ L 8, 12.1.2001, p. 1.

2

(3)  COM(2010) 386 final.

3

(4)  See page 2 of the Communication.

4

(5)  COM(2010) 673 final.

5

(6)  Doc. 14469/4/05 of 30 November 2005.

6

(7)  2002/475/JHA (OJ L 164, 22.6.2002, p. 3).

7

(8)  2008/919/JHA (OJ L 330, 9.12.2008, p. 21).

8

(9)  As also announced in the Commission Action Plan Implementing the Stockholm Programme COM(2010) 171 final of 20 April 2010.

9

(10)  See para 4 of this opinion.

10

(11)  EDPS Opinion of 22 June 2010.

11

(12)  EDPS Opinion of 30 September 2010.

12

(13)  Opinion of 28 July 2009 on the proposal for a Council Regulation amending Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ C 276, 17.11.2009, p. 1). Opinion of 16 December 2009 on various legislative proposals imposing certain specific restrictive measures in respect of Somalia, Zimbabwe, the Democratic Republic of Korea and Guinea (OJ C 73, 23.3.2010, p. 1). See also the EDPS letter of 20 July 2010 on three legislative proposals concerning certain restrictive measures, namely with regard to Mr Milosevic and persons associated with him, in support of the mandate of the International Tribunal for the former Yugoslavia, and in respect of Eritrea. All EDPS opinions and comments are available on the EDPS website http://www.edps.europa.eu

13

(14)  Judgment of 30 September 2010 in case T-85/09 Kadi v. Commission, see in particular paras.157, 177.

14

Kadi

Commission

(15)  The Commission Work Programme 2011 (COM(2010) 623 of 27 October 2010) mentions in its Annex II (Indicative list of possible initiatives under consideration) a ‘Regulation establishing a procedure for the freezing of funds of persons suspected of terrorist activities inside the EU’.

15

(16)  Commission Communication (2010) 609 of 4 November 2010.

16

(17)  See Commission Communication (2010) 573 of 19 October 2010 on a Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union.

17

(18)  See Communication (2010) 609 on ‘A comprehensive approach on personal data protection in the European Union’, pages 16-17.

18

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.2.2011 | EN | Official Journal of the European Union | C 56/7 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/7

---

Commission communication on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009

2011/C 56/03

On the basis of Commission Regulation (EC) No 891/2009 of 25 September 2009, published in
  Official Journal of the European Union L 254 of 26 September 2009, an import tariff quota has been opened for sugar originating in Australia.

Under Article 10 of Commission Regulation (EC) No 891/2009 of 25 September 2009, the release for free circulation of the goods imported under that quota is conditional upon presentation of a certificate of origin.

The following authority is authorised to issue certificates of origin under the Regulation:

| Chamber of Commerce Et. |
| --- |
| Industry Queensland |
| Industry House |
| 375 Wicham Terrace |
| Brisbane Q 4000 |
| AUSTRALIA |
| Tel. +07 3842 2244 |
| Fax +07 3832 3195 |
| E-mail: info@cciq.com.au |

Chamber of Commerce Et.

Industry Queensland

Industry House

375 Wicham Terrace

Brisbane Q 4000

AUSTRALIA

Tel. +07 3842 2244

Fax +07 3832 3195

E-mail: info@cciq.com.au

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 22.2.2011 | EN | Official Journal of the European Union | C 56/8 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/8

---

COUNCIL DECISION

of 14 February 2011

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2011/C 56/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted to the Council by the Commission in the category of Employees’ representatives,

Whereas:

| (1) | By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012. |
| --- | --- |

(1)

By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

| (2) | A member's seat on the Governing Board of the Centre in the category of Employees’ representatives has become vacant as a result of the resignation of Mr Petri LEMPINEN, |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Employees’ representatives has become vacant as a result of the resignation of Mr Petri LEMPINEN,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS:

| FINLAND | : | Mr Aleksi KALENIUS
  Finnish Confederation of Professionals STTK |
| --- | --- | --- |

FINLAND

:

Mr Aleksi KALENIUS

Finnish Confederation of Professionals STTK

Done at Brussels, 14 February 2011.

For the Council

The President

HOFFMANN R.

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 226, 19.9.2009, p. 2.

2

---

European Commission

| 22.2.2011 | EN | Official Journal of the European Union | C 56/9 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/9

---

Euro exchange rates (1)

21 February 2011

2011/C 56/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3668 |
| JPY | Japanese yen | 113,68 |
| DKK | Danish krone | 7,4553 |
| GBP | Pound sterling | 0,84250 |
| SEK | Swedish krona | 8,7620 |
| CHF | Swiss franc | 1,2960 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,7690 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,458 |
| HUF | Hungarian forint | 271,01 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7041 |
| PLN | Polish zloty | 3,9277 |
| RON | Romanian leu | 4,2328 |
| TRY | Turkish lira | 2,1609 |
| AUD | Australian dollar | 1,3521 |
| CAD | Canadian dollar | 1,3444 |
| HKD | Hong Kong dollar | 10,6389 |
| NZD | New Zealand dollar | 1,7899 |
| SGD | Singapore dollar | 1,7436 |
| KRW | South Korean won | 1 531,28 |
| ZAR | South African rand | 9,7702 |
| CNY | Chinese yuan renminbi | 8,9760 |
| HRK | Croatian kuna | 7,4085 |
| IDR | Indonesian rupiah | 12 095,94 |
| MYR | Malaysian ringgit | 4,1510 |
| PHP | Philippine peso | 59,328 |
| RUB | Russian rouble | 39,8620 |
| THB | Thai baht | 41,728 |
| BRL | Brazilian real | 2,2751 |
| MXN | Mexican peso | 16,4539 |
| INR | Indian rupee | 61,4890 |

Currency

Exchange rate

USD

US dollar

1,3668

JPY

Japanese yen

113,68

DKK

Danish krone

7,4553

GBP

Pound sterling

0,84250

SEK

Swedish krona

8,7620

CHF

Swiss franc

1,2960

ISK

Iceland króna

NOK

Norwegian krone

7,7690

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,458

HUF

Hungarian forint

271,01

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7041

PLN

Polish zloty

3,9277

RON

Romanian leu

4,2328

TRY

Turkish lira

2,1609

AUD

Australian dollar

1,3521

CAD

Canadian dollar

1,3444

HKD

Hong Kong dollar

10,6389

NZD

New Zealand dollar

1,7899

SGD

Singapore dollar

1,7436

KRW

South Korean won

1 531,28

ZAR

South African rand

9,7702

CNY

Chinese yuan renminbi

8,9760

HRK

Croatian kuna

7,4085

IDR

Indonesian rupiah

12 095,94

MYR

Malaysian ringgit

4,1510

PHP

Philippine peso

59,328

RUB

Russian rouble

39,8620

THB

Thai baht

41,728

BRL

Brazilian real

2,2751

MXN

Mexican peso

16,4539

INR

Indian rupee

61,4890

---

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

---

| 22.2.2011 | EN | Official Journal of the European Union | C 56/10 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/10

---

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2011

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2011/C 56/06

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 4, 7.1.2011, p. 4.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.3.2011 | ... | 1,49 | 1,49 | 3,97 | 1,49 | 1,79 | 1,49 | 1,76 | 1,49 | 1,49 | 1,49 | 1,49 | 1,49 | 5,61 | 1,49 | 1,49 | 2,56 | 1,49 | 2,20 | 1,49 | 1,49 | 4,26 | 1,49 | 7,18 | 2,23 | 1,49 | 1,49 | 1,48 |
| 1.1.2011 | 28.2.2011 | 1,49 | 1,49 | 3,97 | 1,49 | 1,79 | 1,49 | 1,76 | 1,49 | 1,49 | 1,49 | 1,49 | 1,49 | 5,61 | 1,49 | 1,49 | 2,56 | 1,49 | 2,64 | 1,49 | 1,49 | 4,26 | 1,49 | 7,18 | 1,76 | 1,49 | 1,49 | 1,48 |
| 1.12.2010 | 31.12.2010 | 1,45 | 1,45 | 4,15 | 1,45 | 2,03 | 1,45 | 1,88 | 1,85 | 1,45 | 1,45 | 1,45 | 1,45 | 5,97 | 1,45 | 1,45 | 2,85 | 1,45 | 3,15 | 1,45 | 1,45 | 4,49 | 1,45 | 7,82 | 1,38 | 1,45 | 1,45 | 1,35 |
| 1.10.2010 | 30.11.2010 | 1,24 | 1,24 | 4,15 | 1,24 | 2,03 | 1,24 | 1,88 | 2,27 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 2,85 | 1,24 | 3,99 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,38 | 1,24 | 1,24 | 1,35 |
| 1.9.2010 | 30.9.2010 | 1,24 | 1,24 | 4,15 | 1,24 | 2,03 | 1,24 | 1,88 | 2,27 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 2,85 | 1,24 | 3,99 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,18 | 1,24 | 1,24 | 1,35 |
| 1.8.2010 | 31.8.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,03 | 1,24 | 1,88 | 2,27 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 2,85 | 1,24 | 3,99 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,18 | 1,24 | 1,24 | 1,35 |
| 1.7.2010 | 31.7.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,03 | 1,24 | 1,88 | 2,27 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 2,85 | 1,24 | 3,99 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,02 | 1,24 | 1,24 | 1,35 |
| 1.6.2010 | 30.6.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,03 | 1,24 | 1,88 | 2,77 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 3,45 | 1,24 | 4,72 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.5.2010 | 31.5.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,03 | 1,24 | 1,88 | 2,77 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 4,46 | 1,24 | 6,47 | 1,24 | 1,24 | 4,49 | 1,24 | 7,82 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.4.2010 | 30.4.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 3,47 | 1,24 | 1,24 | 1,24 | 1,24 | 5,97 | 1,24 | 1,24 | 5,90 | 1,24 | 8,97 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.3.2010 | 31.3.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 4,73 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 7,17 | 1,24 | 11,76 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.1.2010 | 28.2.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 6,94 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 8,70 | 1,24 | 15,11 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.3.2011

...

1,49

1,49

3,97

1,49

1,79

1,49

1,76

1,49

1,49

1,49

1,49

1,49

5,61

1,49

1,49

2,56

1,49

2,20

1,49

1,49

4,26

1,49

7,18

2,23

1,49

1,49

1,48

1.1.2011

28.2.2011

1,49

1,49

3,97

1,49

1,79

1,49

1,76

1,49

1,49

1,49

1,49

1,49

5,61

1,49

1,49

2,56

1,49

2,64

1,49

1,49

4,26

1,49

7,18

1,76

1,49

1,49

1,48

1.12.2010

31.12.2010

1,45

1,45

4,15

1,45

2,03

1,45

1,88

1,85

1,45

1,45

1,45

1,45

5,97

1,45

1,45

2,85

1,45

3,15

1,45

1,45

4,49

1,45

7,82

1,38

1,45

1,45

1,35

1.10.2010

30.11.2010

1,24

1,24

4,15

1,24

2,03

1,24

1,88

2,27

1,24

1,24

1,24

1,24

5,97

1,24

1,24

2,85

1,24

3,99

1,24

1,24

4,49

1,24

7,82

1,38

1,24

1,24

1,35

1.9.2010

30.9.2010

1,24

1,24

4,15

1,24

2,03

1,24

1,88

2,27

1,24

1,24

1,24

1,24

5,97

1,24

1,24

2,85

1,24

3,99

1,24

1,24

4,49

1,24

7,82

1,18

1,24

1,24

1,35

1.8.2010

31.8.2010

1,24

1,24

4,92

1,24

2,03

1,24

1,88

2,27

1,24

1,24

1,24

1,24

5,97

1,24

1,24

2,85

1,24

3,99

1,24

1,24

4,49

1,24

7,82

1,18

1,24

1,24

1,35

1.7.2010

31.7.2010

1,24

1,24

4,92

1,24

2,03

1,24

1,88

2,27

1,24

1,24

1,24

1,24

5,97

1,24

1,24

2,85

1,24

3,99

1,24

1,24

4,49

1,24

7,82

1,02

1,24

1,24

1,35

1.6.2010

30.6.2010

1,24

1,24

4,92

1,24

2,03

1,24

1,88

2,77

1,24

1,24

1,24

1,24

5,97

1,24

1,24

3,45

1,24

4,72

1,24

1,24

4,49

1,24

7,82

1,02

1,24

1,24

1,16

1.5.2010

31.5.2010

1,24

1,24

4,92

1,24

2,03

1,24

1,88

2,77

1,24

1,24

1,24

1,24

5,97

1,24

1,24

4,46

1,24

6,47

1,24

1,24

4,49

1,24

7,82

1,02

1,24

1,24

1,16

1.4.2010

30.4.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

3,47

1,24

1,24

1,24

1,24

5,97

1,24

1,24

5,90

1,24

8,97

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

1.3.2010

31.3.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

4,73

1,24

1,24

1,24

1,24

7,03

1,24

1,24

7,17

1,24

11,76

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

1.1.2010

28.2.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

6,94

1,24

1,24

1,24

1,24

7,03

1,24

1,24

8,70

1,24

15,11

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.2.2011 | EN | Official Journal of the European Union | C 56/11 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/11

---

Prior notification of a concentration

(Case COMP/M.6130 — AXA IMPEE/NOVACAP)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 56/07

| 1. | On 14 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the venture capital mutual fund AXA LBO Fund IV, which is managed by the company AXA Investment Managers Private Equity Europe SA (‘AXA IMPEE’, France), a member of the AXA group (France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the NOVACAP group (‘NOVACAP’, France) by way of purchase of shares. |
| --- | --- |

1.

On 14 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the venture capital mutual fund AXA LBO Fund IV, which is managed by the company AXA Investment Managers Private Equity Europe SA (‘AXA IMPEE’, France), a member of the AXA group (France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the NOVACAP group (‘NOVACAP’, France) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for the undertaking AXA IMPEE: investment fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for the undertaking AXA IMPEE: investment fund,

| — | for the undertaking NOVACAP: manufacturing and sale of chemicals for industry. |
| --- | --- |

—

for the undertaking NOVACAP: manufacturing and sale of chemicals for industry.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6130 — AXA IMPEE/NOVACAP, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6130 — AXA IMPEE/NOVACAP, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 22.2.2011 | EN | Official Journal of the European Union | C 56/12 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/12

---

Prior notification of a concentration

(Case COMP/M.6121 — GEA Dutch Holdings BV/CFS Holdings BV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 56/08

| 1. | On 14 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GEA Dutch Holding BV (‘GEA’, The Netherlands) controlled by GEA Group AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking CFS Holdings BV (‘CFS’, The Netherlands) by way of purchase of shares. |
| --- | --- |

1.

On 14 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GEA Dutch Holding BV (‘GEA’, The Netherlands) controlled by GEA Group AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking CFS Holdings BV (‘CFS’, The Netherlands) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for GEA: development and manufacturing of process technology and components, including machinery and equipment for the processing of food, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for GEA: development and manufacturing of process technology and components, including machinery and equipment for the processing of food,

| — | for CFS: manufacturing of food processing equipment. |
| --- | --- |

—

for CFS: manufacturing of food processing equipment.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6121 — GEA Dutch Holdings BV/CFS Holdings BV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6121 — GEA Dutch Holdings BV/CFS Holdings BV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

OTHER ACTS

European Commission

| 22.2.2011 | EN | Official Journal of the European Union | C 56/13 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/13

---

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2011/C 56/09

This publication confers the right to object to the amendment application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months from the date of this publication.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION PURSUANT TO ARTICLE 9

‘AZEITES DO RIBATEJO’

EC No: PT-PDO-0117-0219-09.01.2006

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment:

| — |  | Name of product |
| --- | --- | --- |
| — | | Description |
| — | | Geographical area |
| — |  | Proof of origin |
| — |  | Method of production |
| — |  | Link |
| — |  | Labelling |
| — |  | National requirements |
| — |  | Other (to be specified) |

—



Name of product

—

Image

Description

—

Image

Geographical area

—



Proof of origin

—



Method of production

—



Link

—



Labelling

—



National requirements

—



Other (to be specified)

2.   Type of amendment:

| — | | Amendment to single document or summary sheet |
| --- | --- | --- |
| — |  | Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published |
| — |  | Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006) |
| — |  | Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

Image

Amendment to single document or summary sheet

—



Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—



Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—



Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

3.1.   Description:

| 1. | Inclusion of oil from the Cobrançosa olive variety, which is an important crop in the region and produces oils whose taste and aroma do not alter the characteristics of the oils traditionally produced and prized in the Ribatejo for hundreds of years. A study was carried out which showed that if oil from the Cobrançosa variety was added to oil from the Galega Vulgar variety, the latter did not lose the sensory and chemical characteristics of Azeite do Ribatejo. |
| --- | --- |

1.

Inclusion of oil from the Cobrançosa olive variety, which is an important crop in the region and produces oils whose taste and aroma do not alter the characteristics of the oils traditionally produced and prized in the Ribatejo for hundreds of years. A study was carried out which showed that if oil from the Cobrançosa variety was added to oil from the Galega Vulgar variety, the latter did not lose the sensory and chemical characteristics of Azeite do Ribatejo.

| 2. | Changes to and setting of the rules regarding the varieties of oil that may be included, as follows:






  — | Galega Vulgar and/or Lentisca 55 % minimum (these varieties, either one on its own or the two combined, must make up a minimum of 55 %), |
| --- | --- | --- |

2.

Changes to and setting of the rules regarding the varieties of oil that may be included, as follows:

—

Galega Vulgar and/or Lentisca 55 % minimum (these varieties, either one on its own or the two combined, must make up a minimum of 55 %),

| — | Cobrançosa, maximum 45 %, |
| --- | --- |

—

Cobrançosa, maximum 45 %,

| — | other varieties, maximum 5 %, |
| --- | --- |

—

other varieties, maximum 5 %,

| — | the Picual variety is prohibited. |
| --- | --- |

—

the Picual variety is prohibited.

Note: As a result of these amendments, the geographical area is no longer divided into two sub-regions.

| 3. | Amendment of certain physical and chemical parameters, following general legislative amendments and more detailed studies that have been carried out on the product and its characteristics. |
| --- | --- |

3.

Amendment of certain physical and chemical parameters, following general legislative amendments and more detailed studies that have been carried out on the product and its characteristics.

| 4. | Improved definition of the organoleptic characteristics of ‘Azeites do Ribatejo’. |
| --- | --- |

4.

Improved definition of the organoleptic characteristics of ‘Azeites do Ribatejo’.

3.2.   Geographical area:

Certain municipalities and parishes have been excluded from the geographical area, as it was noted that olive growing had substantially declined in those areas and that the oils produced there no longer had the requisite characteristics.

Clear inclusion of certain parishes located in the Municipality of Rio Maior, which should have been on the original list but were excluded by mistake, although they were marked on the map of the geographical area.

The geographical area is no longer divided into two sub-regions, as there is no longer any need for this because the Lentisca variety is grown throughout the region.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘AZEITES DO RIBATEJO’

EC No: PT-PDO-0117-0219-09.01.2006

PDO ( X ) PGI ( )

This summary sets out the main elements of the product specification for information purposes.

1.   Responsible department in the Member State:

| Name: | Gabinete de Planeamento e Políticas |
| --- | --- |
| Address: | Rua Padre António Vieira 1 |
| 1099-073 Lisboa |
| PORTUGAL |

Name:

Gabinete de Planeamento e Políticas

Address:

Rua Padre António Vieira 1

1099-073 Lisboa

PORTUGAL

Tel.

+351 213819300

Fax

+351 213876635

E-mail:

Gpp@gpp.pt

2.   Group:

| Name: | Associação dos Agricultores do Ribatejo |
| --- | --- |
| Address: | Rua de Santa Margarida 1-A |
| 2000-114 Santarém |
| PORTUGAL |

Name:

Associação dos Agricultores do Ribatejo

Address:

Rua de Santa Margarida 1-A

2000-114 Santarém

PORTUGAL

Tel.

+351 243323794 / 327444

Fax

+351 243322829

E-mail:

geral@aaribatejo.pt

Composition:

Producer/processor ( X ) Other ( )

3.   Type of product:

| Class 1.5. | Oils and fats (butter, margarine, oil, etc.) |
| --- | --- |

Class 1.5.

Oils and fats (butter, margarine, oil, etc.)

4.   Specification:

(summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1.   Name:

‘Azeites do Ribatejo’

4.2.   Description:

‘Azeites do Ribatejo’ are the oils obtained from the fruit of Olea Europaea L., extracted by mechanical means only, of the varieties Galega Vulgar, Lentisca and Cobrançosa, that come from olive groves located within the geographical production area.

‘Azeites do Ribatejo’ have the following characteristics (summary):

| | Acidity — Extra virgin — max. 0,8 %, Virgin — max. 1,5 % |
| --- | --- |

Acidity — Extra virgin — max. 0,8 %, Virgin — max. 1,5 %

| | Peroxide value: max. 15 meq O2/kg |
| --- | --- |

Peroxide value: max. 15 meq O2/kg

| | Absorbance: K 232 nm — max. 2,00, K 270 nm — max. 0,20, ΔK — max. 0,01 |
| --- | --- |

Absorbance: K 232 nm — max. 2,00, K 270 nm — max. 0,20, ΔK — max. 0,01

| | Colour — dominant wave length (λ) — 577-578 nm |
| --- | --- |

Colour — dominant wave length (λ) — 577-578 nm

| | Trilinolein — max. 0,2 % |
| --- | --- |

Trilinolein — max. 0,2 %

| | Trans fatty acids % — Oleic — max. 0,03, TransLinoleic + TransLinolenic — max. 0,03 |
| --- | --- |

Trans fatty acids % — Oleic — max. 0,03, TransLinoleic + TransLinolenic — max. 0,03

| | Aliphatic alcohols — max. 300 mg/kg |
| --- | --- |

Aliphatic alcohols — max. 300 mg/kg

| | Sterols:







  — | Cholesterol | < 0,5 |
| --- | --- | --- | --- |
| — | Brassicasterol | ≤ 0,1 |
| — | Campesterol | ≤ 4,0 |
| — | Stigmasterol | < campesterol |
| — | β-sitosterol | ≥ 93,0 |
| — | Δ7-Stigmasterol | ≤ 0,3 |

Sterols:

—

Cholesterol

< 0,5

—

Brassicasterol

≤ 0,1

—

Campesterol

≤ 4,0

—

Stigmasterol

< campesterol

—

β-sitosterol

≥ 93,0

—

Δ7-Stigmasterol

≤ 0,3

| | Total sterols — min. 1 000 mg/kg |
| --- | --- |

Total sterols — min. 1 000 mg/kg

| | Erythrodiol + Uvaol — max. 4,5 % |
| --- | --- |

Erythrodiol + Uvaol — max. 4,5 %

| | Waxes — max. 250 mg/kg |
| --- | --- |

Waxes — max. 250 mg/kg

The fatty acids and triglycerides parameters have also been set.

‘Azeites do Ribatejo’ have medium fruitiness, green and ripely fruity, with notes of apple; the colour is golden yellow, occasionally tinged with green. In order to be approved as ‘Azeites do Ribatejo’, the extra virgin and virgin oils must have an average of zero defects. Any oil with organoleptic characteristics different from those that are typical of the permitted varieties will be rejected.

4.3.   Geographical area:

The geographical area where the product is produced, processed and packaged is limited to the following Municipalities: Abrantes, Alcanena, Alcobaça (the parishes of S. Vicente de Aljubarrota and Turquel only), Alvaiázere, Azambuja (the parish of Vila Nova de S. Pedro only), Cartaxo (the parishes of Cartaxo, Ereira, Pontével and Vale da Pinta only), Constância, Entroncamento, Ferreira do Zêzere, Gavião, Golegã, Ourém (the parishes of Alburitel, Atouguia, Caxarias, Cercal, Espite, Fátima, Formigais, Freixianda, Gondemaria, Matas, Na Sa da Misericórdia, Na Sa da Piedade, Olival, Rio de Couros and Seiça only), Porto de Mós (the parishes of Alcaria, Alvados, Arrimal, Juncal, Mendiga, Pedreiras, S. Bento and Serro Ventoso only), Rio Maior (the parishes of Alcobertas, Arruda dos Pisões, Assentiz, Azambujeira, Fráguas, Malaqueijo, Marmeleira, Outeiro da Cortiçada, Ribeira de S. João, Rio Maior, S. João da Ribeira and S. Sebastião only), Santarém, Sardoal, Tomar, Torres Novas and Vila Nova da Barquinha.

4.4.   Proof of origin:

In addition to the product's specific characteristics, there is a traceability system that has been set up. All the operators, irrespective of the job they do (olive growers, millers or packagers), are subject to the control and certification system. For each producer authorised by the Agrupamento de Produtores Gestor da DOP to use the ‘Azeites do Ribatejo’ PDO a Descriptive Register is drawn up, containing up-to-date information on the provenance of the olives used, the actual conditions under which they are produced/delivered and the milling and packaging technology used. As regards the olive growers, checks are carried out when treatments are applied, during the growing period and, in particular, when the fruit are harvested, at appropriate intervals. As regards the millers and packagers, checks are carried out during extraction, storage and packaging of the product. Checks are provided for throughout the process, and each packaged item of ‘Azeites do Ribatejo’ is duly identified by affixing the relevant numbered Certification Mark, which allows the product to be traced during every stage of production. The PDO may only be used on packages of virgin and extra virgin olive oil that have the characteristics described above and whose production is subject to control.

4.5.   Method of production:

‘Azeites do Ribatejo’ are obtained by extraction from the fruit of Olea Europaea L. solely by mechanical means, in mills located in the defined geographical area of production. All good practice is observed, inter alia with regard to cultivation, phytosanitary treatment, harvesting method, transport and processing/packaging. Only olives of the following varieties that come from groves located in the defined geographical area are allowed, in the proportions specified: Galega Vulgar and/or Lentisca, minimum 55 %, Cobrançosa, maximum 45 %. Other varieties are permitted (except Picual, which is prohibited): maximum 5 %. Secondary extraction methods are prohibited, as is the use of enzymes and talc. The virgin and extra virgin oils are packed in suitable containers and labelled accordingly. All the operations described above take place in the defined geographical area, because the product is a blend, and once the oils have been mixed they cannot be separated or identified. This is therefore the most appropriate way in which to carry out checks and ensure traceability is maintained throughout the production process, thus guaranteeing the origin, quality and authenticity of the product.

4.6.   Link:

The olive groves are located in the Ribatejo region, which has a markedly Mediterranean climate, with hot, dry summers and where calcareous soils predominate. Olive growing has been of great importance in the region since time immemorial, so it has had a left its mark on local traditions; for example, there are countless regional recipes using olive oil. In addition to the historical and socio-cultural link, ‘Azeites do Ribatejo’ have well-defined sensory and chemical characteristics that differentiate them from other oils. Although the varieties used are not exclusive to the region, the varying proportions of olive varieties in the composition and the ecosystem are decisive factors in the production of oil with the characteristics described.

4.7.   Inspection body:

| Name: | Certis |
| --- | --- |
| Address: | Rua Diana de Liz, Horta do Bispo |
| Apartado 320 |
| 7006 Évora |
| PORTUGAL |

Name:

Certis

Address:

Rua Diana de Liz, Horta do Bispo

Apartado 320

7006 Évora

PORTUGAL

Tel.

+351 266769564

Fax

+351 266769566

E-mail:

—

4.8.   Labelling:

The label must bear the words ‘Azeites do Ribatejo — Denominação de Origem Protegida’ and the corresponding Community logo. It must also include the certification label, bearing the name of the product and the relevant indication, the name of the inspection body and a serial number (i.e. a numeric or alphanumeric code that enables the product to be traced). Under no circumstances may the name or company name and address of the producer be replaced by the name of any other entity, even where that entity takes responsibility for the product, or markets it. The marketing name — ‘Azeites do Ribatejo — DOP’ — may not be supplemented by any other words or indications, including distributor or other trademarks.

---

(1)  OJ L 93, 31.3.2006, p. 12.

---

| 22.2.2011 | EN | Official Journal of the European Union | C 56/18 |
| --- | --- | --- | --- |

22.2.2011

EN

Official Journal of the European Union

C 56/18

---

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2011/C 56/10

This publication confers the right to object to the amendment application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objections must reach the Commission within six months from the date of this publication.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION ACCORDING TO ARTICLE 9

‘RISO DI BARAGGIA BIELLESE E VERCELLESE’

EC No: IT-PDO-0105-0337-06.03.2008

PGI ( ) PDO ( X )

1.   Heading in the product specification affected by the amendment:

| — |  | Name of product |
| --- | --- | --- |
| — | | Description of product |
| — |  | Geographical area |
| — |  | Proof of origin |
| — |  | Method of production |
| — |  | Link |
| — |  | Labelling |
| — |  | National requirements |
| — |  | Other (to be specified) |

—



Name of product

—

Image

Description of product

—



Geographical area

—



Proof of origin

—



Method of production

—



Link

—



Labelling

—



National requirements

—



Other (to be specified)

2.   Type of amendment(s):

| — | | Amendment to single document or summary sheet |
| --- | --- | --- |
| — |  | Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published |
| — |  | Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006) |
| — |  | Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

Image

Amendment to single document or summary sheet

—



Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—



Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—



Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

3.1.   Description of product:

| — | In Article 2 of the product specification, which contains the PDO ‘Riso di Baraggia Biellese e Vercellese’ product description, the glutinosity parameters for each of the seven rice varieties have been revised. The parameters proposed are the result of a thorough analysis which was conducted according to an in-house method drawn up and developed by the Ente Nazionale Risi (National Rice Body). The method employs new analysis apparatus which provides results that are more precise in comparison with those previously used. This is because, in addition to being regularly calibrated with reference samples certified by the SIT (Servizio di Taratura Italiano — Italian Calibration Service) for the force, distance and velocity parameters which the glutinosity test entails, it completely automates some of the phases of the analytical process and hence minimises the sources of variability and improves the reproducibility of the aforementioned method of analysis.
  It is precisely because of this automation that the glutinosity results differ, in terms of numerical value, from the former values observed using the previous apparatus and analytical technique, which are now considered obsolete.
  Furthermore, since glutinosity is a parameter that varies according to the maturity and ageing conditions of the rice, the time when the rice is to be analysed has been specified in the product specification, i.e. in the autumn, at the end of the harvest when the glutinosity values are greatest.
  It should also be noted that a substantive error regarding the unit of measurement for glutinosity has been corrected. It had been incorrectly expressed in g/cm2 but is now correctly expressed in g/cm in the single document enclosed with this amendment application.
  To summarise, by defining more precise parameters, correcting a substantive error and detailing the stage of the production chain when the rice's glutinosity is to be analysed, the amendment application aims to provide clearer and more precise elements which allow the rice's glutinosity to be better evaluated. This is to the advantage of both producers and consumers. |
| --- | --- |

—

In Article 2 of the product specification, which contains the PDO ‘Riso di Baraggia Biellese e Vercellese’ product description, the glutinosity parameters for each of the seven rice varieties have been revised. The parameters proposed are the result of a thorough analysis which was conducted according to an in-house method drawn up and developed by the Ente Nazionale Risi (National Rice Body). The method employs new analysis apparatus which provides results that are more precise in comparison with those previously used. This is because, in addition to being regularly calibrated with reference samples certified by the SIT (Servizio di Taratura Italiano — Italian Calibration Service) for the force, distance and velocity parameters which the glutinosity test entails, it completely automates some of the phases of the analytical process and hence minimises the sources of variability and improves the reproducibility of the aforementioned method of analysis.

It is precisely because of this automation that the glutinosity results differ, in terms of numerical value, from the former values observed using the previous apparatus and analytical technique, which are now considered obsolete.

Furthermore, since glutinosity is a parameter that varies according to the maturity and ageing conditions of the rice, the time when the rice is to be analysed has been specified in the product specification, i.e. in the autumn, at the end of the harvest when the glutinosity values are greatest.

It should also be noted that a substantive error regarding the unit of measurement for glutinosity has been corrected. It had been incorrectly expressed in g/cm2 but is now correctly expressed in g/cm in the single document enclosed with this amendment application.

To summarise, by defining more precise parameters, correcting a substantive error and detailing the stage of the production chain when the rice's glutinosity is to be analysed, the amendment application aims to provide clearer and more precise elements which allow the rice's glutinosity to be better evaluated. This is to the advantage of both producers and consumers.

| — | A tolerance of 10 % has been introduced in the table of physio-chemical characteristics for the length, width, consistency, glutinosity, clarity and weight values of the grains. It was considered appropriate to propose this tolerance as it can be deduced from the available analysis data that the aforementioned characteristics are highly influenced by the weather of the year in which the rice is cultivated. |
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A tolerance of 10 % has been introduced in the table of physio-chemical characteristics for the length, width, consistency, glutinosity, clarity and weight values of the grains. It was considered appropriate to propose this tolerance as it can be deduced from the available analysis data that the aforementioned characteristics are highly influenced by the weather of the year in which the rice is cultivated.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘RISO DI BARAGGIA BIELLESE E VERCELLESE’

EC No: IT-PDO-0105-0337-06.03.2008

PGI ( ) PDO ( X )

1.   Name:

‘Riso di Baraggia Biellese e Vercellese’

2.   Member State or third country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.6. | Fruit, vegetables and cereals, fresh or processed |
| --- | --- |

Class 1.6.

Fruit, vegetables and cereals, fresh or processed

3.2.   Description of product to which the name in (1) applies:

The PDO ‘Riso di Baraggia Biellese e Vercellese’ exclusively denotes the rice product obtained by processing rough rice into ‘whole-grain’, ‘white’ and ‘parboiled’ rice.

The varieties of rice grown are those listed and described below:

| Variety | Colour of pericarp | Length | Shape | Pearl | Striation | Notch | Section | Head |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Arborio | White | Long | Semi-round | Central extended | Absent | Pronounced | Flattened | Oblong |
| Baldo | White | Long | Semi-tapered | Absent | Absent | Regular | Roundish | Regular |
| Balilla | White | Short | Round | Lateral | Short | Regular | Roundish | Stumpy |
| Carnaroli | White | Long | Semi-tapered | Central-lateral | Absent | Pronounced | Roundish | Oblong |
| S. Andrea | White | Long | Semi-tapered | Central-lateral | Short | Regular | Roundish | Regular |
| Loto | White | Long | Semi-tapered | Absent | Absent | Regular | Roundish | Oblong |
| Gladio | White | Long | Very tapered | Absent | Absent | Receding | Flattened | Oblong |

Variety

Colour of pericarp

Length

Shape

Pearl

Striation

Notch

Section

Head

Arborio

White

Long

Semi-round

Central extended

Absent

Pronounced

Flattened

Oblong

Baldo

White

Long

Semi-tapered

Absent

Absent

Regular

Roundish

Regular

Balilla

White

Short

Round

Lateral

Short

Regular

Roundish

Stumpy

Carnaroli

White

Long

Semi-tapered

Central-lateral

Absent

Pronounced

Roundish

Oblong

S. Andrea

White

Long

Semi-tapered

Central-lateral

Short

Regular

Roundish

Regular

Loto

White

Long

Semi-tapered

Absent

Absent

Regular

Roundish

Oblong

Gladio

White

Long

Very tapered

Absent

Absent

Receding

Flattened

Oblong

In addition to the above parameters, the biometric properties and physio-chemical characteristics identifying and defining the varieties of rice concerned are set out below.

| | Size of grain | Consistency | Glutinosity | Clarity | Weight of 1 000 grains |
| --- | --- | --- | --- | --- | --- |
| | Length | Width | kg/cm2 | g/cm | % | g |
| | mm | mm | | | | Whole-grain | White |
| Variety | No more than | No less than | No more than | No less than | No more than |
| Arborio | 7,2 | 3,5 | 0,65 | 7,5 | — | 38 | 34 |
| Baldo | 7,2 | 3,2 | 0,61 | 7,5 | 50 | 35 | 31 |
| Balilla | 5,2 | 3,2 | 0,64 | 5,1 | — | 25 | 22 |
| Carnaroli | 7,0 | 3,4 | 0,86 | 3,2 | — | 35 | 31 |
| S. Andrea | 6,6 | 3,3 | 0,58 | 8,5 | — | 34 | 30 |
| Loto | 6,4 | 3,1 | 0,72 | 7,5 | 40 | 28 | 25 |
| Gladio | 7,0 | 2,2 | 0,86 | 1,5 | 70 | 22 | 20 |

Size of grain

Consistency

Glutinosity

Clarity

Weight of 1 000 grains

Length

Width

kg/cm2

g/cm

%

g

mm

mm

Whole-grain

White

Variety

No more than

No less than

No more than

No less than

No more than

Arborio

7,2

3,5

0,65

7,5

—

38

34

Baldo

7,2

3,2

0,61

7,5

50

35

31

Balilla

5,2

3,2

0,64

5,1

—

25

22

Carnaroli

7,0

3,4

0,86

3,2

—

35

31

S. Andrea

6,6

3,3

0,58

8,5

—

34

30

Loto

6,4

3,1

0,72

7,5

40

28

25

Gladio

7,0

2,2

0,86

1,5

70

22

20

A tolerance of 10 % is permitted for the values given above. The glutinosity measurement was undertaken in autumn, at the end of the harvest.

3.3.   Raw materials (for processed products only):

—

3.4.   Feed (for products of animal origin only):

—

3.5.   Specific steps in production that must take place in the identified geographical area:

All production operations of ‘Riso di Baraggia Biellese e Vercellese’, the cultivation, harvesting, preparation and/or processing of the PDO product, must be carried out within the production area referred to in point 4.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

Packaging may be carried out solely under the supervision of the inspection body.

3.7.   Specific rules concerning labelling:

The PDO product ‘Riso di Baraggia Biellese e Vercellese’ must bear on the packaging a label with the specific name of the variety grown in the area (not an equivalent, even if authorised under the applicable rules). Various types of processing and packaging are available depending on the end market.

The following names must be printed on the packaging:

| — | the EU PDO mark, |
| --- | --- |

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the EU PDO mark,

| — | the logo of PDO ‘Riso di Baraggia Biellese e Vercellese’, which must be clearly distinguishable on the packaging by its size and colour, together with the PDO mark as above, |
| --- | --- |

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the logo of PDO ‘Riso di Baraggia Biellese e Vercellese’, which must be clearly distinguishable on the packaging by its size and colour, together with the PDO mark as above,

| — | the rice mill and husking plant brand, company names and name of variety. |
| --- | --- |

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the rice mill and husking plant brand, company names and name of variety.

Promotional or misleading information is not authorised.

The logo of the PDO ‘Riso di Baraggia Biellese e Vercellese’ is a circle with three grains of straight, white rice depicted side-by-side at the base, as they are usually presented and visible to the consumer. At the top of the grains is the tiny gap where the embryo of the rice caryopsis is located before refining. The white background to the logo contains the image of the Monte Rosa massif. The mountain's glaciers are the source of the water which directly and primarily irrigate the Baraggia rice crops, which produce the rice exclusively designated ‘Riso di Baraggia Biellese e Vercellese’. In addition to the logo, the top part bears the name ‘Riso di Baraggia’ and the lower part the represented area, Biellese e Vercellese. Packages of PDO ‘Riso di Baraggia Biellese e Vercellese’ released for consumption must be of the following weights in kg: 0,25, 0,5, 1,0, 2,0, 5,0, 10,0 or 25,0 and must be presented in bags, small bags of fabric or plastic that are suitable — in health and safety terms — for containing food products or boxes of various materials provided they are authorised under the rules governing the health and safety conditions for food products.

4.   Concise definition of the geographical area:

The defined area for the protected designation of origin ‘Riso di Baraggia Biellese e Vercellese’ is in the North-East of Piedmont, comprising the following municipalities: Albano Vercellese, Arborio, Balocco, Brusnengo, Buronzo, Carisio, Casanova Elvo, Castelletto Cervo, Cavaglià, Collobiano, Dorzano, Formigliana, Gattinara, Ghislarengo, Gifflenga, Greggio, Lenta, Massazza, Masserano, Mottalciata, Oldenico, Rovasenda, Roasio, Salussola, San Giacomo Vercellese, Santhià, Villanova Biellese and Villarboit in the Provinces of Biella and Vercelli.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The production area as defined in 4 is made up of one core zone characterised by the difficulty of levelling land due to its particular clay and iron-rich structure, which leads to uneven levels of submersion. The climate is another feature, characterised by rather cool summer months and frequent thermal inversions due to the winds blowing from the mountains. In addition, cold water sources in the area, located at the foot of the Alps, make it the first to be irrigated by mountain springs.

5.2.   Specificity of the product:

The specific characteristics of ‘Riso di Baraggia Biellese e Vercellese’ are that it is highly suitable for cooking, has a superior consistency and low glutinosity.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI):

The diversity of Baraggia and its rice was described for about 50 years in the Giornale di Risicoltura (Journal of Rice Growing), which was published monthly between 1912 and 1952 by the former Institute for Experimental Rice Growing in Vercelli, which often published technical-scientific articles demonstrating the particular features of the Baraggia area and the rice produced there. In 1931, this Institute acquired a rice producer in the municipality of Villarboit (centre of the rice area in Baraggia) and used it as a research centre for the purpose of perfecting the specific features of production in the Baraggia area. In 1952, this monthly journal gave way to the publication Il Riso (Rice), published by the Ente Nazionale Risi (National Rice Body), in which several articles mentioned the specific qualitative features of rice produced in this area. As a result of these characteristics of the production area, a feature of ‘Riso di Baraggia Biellese e Vercellese’ is that it is highly suitable for cooking, has a superior consistency and low glutinosity. These characteristics are unanimously recognised by consumers and are partly due to lower yields and lower growing cycles than varieties from other areas.

Rice was grown in the area defined in Baraggia in the early 17th century and was also recorded in notarised documents in 1606 in the Municipality of Salussola, which is part of the defined area.

Ever since the early 1900s, rice — a historic crop in Baraggia — also had symbolic use in public events, including sporting events, especially cycling, used by the champions Coppi, Bartali and Magni.

Reference to publication of the specification:

(Article 5(7) of Regulation (EC) No 510/2006)

The Ministry launched the national objection procedure with the publication of the proposed amendments to ‘Riso di Baraggia Biellese e Vercellese’ PDO in Official Gazette of the Italian Republic No 23 of 28 January 2008.

The full text of the product specification is available on the following website: http://www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or by going directly to the home page of the Ministry (http://www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE [regolamento (CE) n. 510/2006]’.

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(1)  OJ L 93, 31.3.2006, p. 12.

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