# Official Journal C 41/2023

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 41 |
| | |
| English edition | Information and Notices | Volume 663 February 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 41

English edition

Information and Notices

Volume 663 February 2023

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| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | Council |
| 2023/C 41/01 | Council Recommendation of 30 January 2023 on adequate minimum income ensuring active inclusion | 1 |

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

2023/C 41/01

Council Recommendation of 30 January 2023 on adequate minimum income ensuring active inclusion

1

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 41/02 | Non-opposition to a notified concentration (Case M.10522 – HAPAG-LLOYD / EUROGATE / EUROGATE CONTAINER TERMINAL WILHELMSHAVEN) (
  1
  ) | 13 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 41/02

Non-opposition to a notified concentration (Case M.10522 – HAPAG-LLOYD / EUROGATE / EUROGATE CONTAINER TERMINAL WILHELMSHAVEN) (
  1
  )

1

13

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN CENTRAL BANK |
| 2023/C 41/03 | Opinion of the European Central Bank of 2 December 2022 on a proposal for a Council regulation establishing a market correction mechanism to protect citizens and the economy against excessively high prices (CON/2022/44) | 14 |

III   Preparatory acts

EUROPEAN CENTRAL BANK

2023/C 41/03

Opinion of the European Central Bank of 2 December 2022 on a proposal for a Council regulation establishing a market correction mechanism to protect citizens and the economy against excessively high prices (CON/2022/44)

14

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 41/04 | Euro exchange rates – 2 February 2023 | 17 |
| | Court of Auditors |
| 2023/C 41/05 | Special report 02/2023: – Adapting cohesion policy rules to respond to COVID-19 – Funds used more flexibly, but reflection needed on cohesion policy as a crisis response tool | 18 |
| | NOTICES FROM MEMBER STATES |
| 2023/C 41/06 | Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (Official Gazette, No. 18/18 and 23/20) | 19 |
| 2023/C 41/07 | Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (Official Gazette, No. 18/18 and 23/20). | 20 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 41/04

Euro exchange rates – 2 February 2023

17

Court of Auditors

2023/C 41/05

Special report 02/2023: – Adapting cohesion policy rules to respond to COVID-19 – Funds used more flexibly, but reflection needed on cohesion policy as a crisis response tool

18

NOTICES FROM MEMBER STATES

2023/C 41/06

Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (Official Gazette, No. 18/18 and 23/20)

19

2023/C 41/07

Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (Official Gazette, No. 18/18 and 23/20).

20

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2023/C 41/08 | Prior notification of a concentration (Case M.10973 – VODAFONE GROUP / ALTICE LUXEMBOURG / FIBRECO) – Candidate case for simplified procedure (
  1
  ) | 21 |
| 2023/C 41/09 | Prior notification of a concentration (Case M.11009 – PON.BIKE / VWFS / GLINICKE / DML) – Candidate case for simplified procedure (
  1
  ) | 23 |
| 2023/C 41/10 | Prior notification of a concentration (Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND) – Candidate case for simplified procedure (
  1
  ) | 25 |
| 2023/C 41/11 | Prior notification of a concentration (Case M.11010 – INEOS / SINOPEC / ETHYLENE JV) – Candidate case for simplified procedure (
  1
  ) | 26 |
| | OTHER ACTS |
| | European Commission |
| 2023/C 41/12 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 28 |
| 2023/C 41/13 | Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 33 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2023/C 41/08

Prior notification of a concentration (Case M.10973 – VODAFONE GROUP / ALTICE LUXEMBOURG / FIBRECO) – Candidate case for simplified procedure (
  1
  )

1

21

2023/C 41/09

Prior notification of a concentration (Case M.11009 – PON.BIKE / VWFS / GLINICKE / DML) – Candidate case for simplified procedure (
  1
  )

1

23

2023/C 41/10

Prior notification of a concentration (Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND) – Candidate case for simplified procedure (
  1
  )

1

25

2023/C 41/11

Prior notification of a concentration (Case M.11010 – INEOS / SINOPEC / ETHYLENE JV) – Candidate case for simplified procedure (
  1
  )

1

26

OTHER ACTS

European Commission

2023/C 41/12

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

28

2023/C 41/13

Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

33

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

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I Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

| 3.2.2023 | EN | Official Journal of the European Union | C 41/1 |
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3.2.2023

EN

Official Journal of the European Union

C 41/1

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COUNCIL RECOMMENDATION

of 30 January 2023

on adequate minimum income ensuring active inclusion

(2023/C 41/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, in conjunction with Article 153(1), point (j), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | With a view to ensure a life in dignity at all stages of life, this Recommendation aims at combatting poverty and social exclusion and at pursuing high levels of employment by promoting adequate income support, in particular by means of minimum income, and effective access to enabling and essential services for persons lacking sufficient resources and by fostering labour market integration of those who can work in line with the active inclusion approach. |
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(1)

With a view to ensure a life in dignity at all stages of life, this Recommendation aims at combatting poverty and social exclusion and at pursuing high levels of employment by promoting adequate income support, in particular by means of minimum income, and effective access to enabling and essential services for persons lacking sufficient resources and by fostering labour market integration of those who can work in line with the active inclusion approach.

| (2) | Pursuant to Article 151 TFEU, the Union and the Member States have as their objectives, amongst others, the promotion of employment, improved living and working conditions, proper social protection and the combating of exclusion. |
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(2)

Pursuant to Article 151 TFEU, the Union and the Member States have as their objectives, amongst others, the promotion of employment, improved living and working conditions, proper social protection and the combating of exclusion.

| (3) | Article 34 of the Charter of Fundamental Rights of the European Union (1) provides that the Union recognises and respects the entitlements to social security benefits and social services. It also provides that everyone residing and moving legally within the Union is entitled to social security benefits and social advantages and that, in order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance in order to ensure a decent existence for those that lack sufficient resources. |
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(3)

Article 34 of the Charter of Fundamental Rights of the European Union (1) provides that the Union recognises and respects the entitlements to social security benefits and social services. It also provides that everyone residing and moving legally within the Union is entitled to social security benefits and social advantages and that, in order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance in order to ensure a decent existence for those that lack sufficient resources.

| (4) | Council Recommendation 92/441/EEC (2) on common criteria concerning sufficient resources and social assistance in social protection systems recommends that Member States recognise the basic right of a person to sufficient resources and social assistance to live in a manner compatible with human dignity as part of a comprehensive and consistent drive to combat social exclusion, and recommends adapting their social protection systems, as necessary. In view of the content of this Recommendation, it is appropriate to replace Recommendation 92/441/EEC. |
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(4)

Council Recommendation 92/441/EEC (2) on common criteria concerning sufficient resources and social assistance in social protection systems recommends that Member States recognise the basic right of a person to sufficient resources and social assistance to live in a manner compatible with human dignity as part of a comprehensive and consistent drive to combat social exclusion, and recommends adapting their social protection systems, as necessary. In view of the content of this Recommendation, it is appropriate to replace Recommendation 92/441/EEC.

| (5) | Commission Recommendation 2008/867/EC (3) on the active inclusion of people excluded from the labour market sets out a comprehensive strategy to facilitate the integration into sustainable, quality employment of those who can work and to provide resources which are sufficient to live in dignity, together with support for social participation, for those who cannot. This integrated approach, based on a combination of three policy strands: adequate income support, inclusive labour markets and access to quality services, is particularly important for persons furthest from the labour market or excluded from society. |
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(5)

Commission Recommendation 2008/867/EC (3) on the active inclusion of people excluded from the labour market sets out a comprehensive strategy to facilitate the integration into sustainable, quality employment of those who can work and to provide resources which are sufficient to live in dignity, together with support for social participation, for those who cannot. This integrated approach, based on a combination of three policy strands: adequate income support, inclusive labour markets and access to quality services, is particularly important for persons furthest from the labour market or excluded from society.

| (6) | In November 2017, the European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights (4), setting out 20 principles to support well-functioning and fair labour markets and welfare systems. Principle 14 states that everyone lacking sufficient resources has the right to adequate minimum income benefits ensuring a life in dignity at all stages of life, and effective access to enabling goods and services and that, for those who can work, minimum income benefits should be combined with incentives to (re)integrate into the labour market. |
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(6)

In November 2017, the European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights (4), setting out 20 principles to support well-functioning and fair labour markets and welfare systems. Principle 14 states that everyone lacking sufficient resources has the right to adequate minimum income benefits ensuring a life in dignity at all stages of life, and effective access to enabling goods and services and that, for those who can work, minimum income benefits should be combined with incentives to (re)integrate into the labour market.

| (7) | In its communication of 4 March 2021 entitled ‘The European Pillar of Social Rights Action Plan’ (5) the Commission set out the ambition for a strong social Europe. In June 2021, the European Council welcomed the Union social target on poverty reduction in line with the Porto Declaration, signed by the Heads of State and Government on 8 May 2021, whereby the number of people at risk of poverty or social exclusion should be reduced by at least 15 million by 2030, compared to 2019, at least five million of which should be children. The European Council also welcomed the headline targets on employment, namely to have at least 78 % of population aged 20 to 64 in employment, and at least 60 % of all adults taking part in training every year. A revised social scoreboard and a benchmarking framework on minimum income, agreed by the Social Protection Committee, strengthen the analytical underpinning of the European Semester, the Joint Employment Report and the country-specific recommendations. |
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(7)

In its communication of 4 March 2021 entitled ‘The European Pillar of Social Rights Action Plan’ (5) the Commission set out the ambition for a strong social Europe. In June 2021, the European Council welcomed the Union social target on poverty reduction in line with the Porto Declaration, signed by the Heads of State and Government on 8 May 2021, whereby the number of people at risk of poverty or social exclusion should be reduced by at least 15 million by 2030, compared to 2019, at least five million of which should be children. The European Council also welcomed the headline targets on employment, namely to have at least 78 % of population aged 20 to 64 in employment, and at least 60 % of all adults taking part in training every year. A revised social scoreboard and a benchmarking framework on minimum income, agreed by the Social Protection Committee, strengthen the analytical underpinning of the European Semester, the Joint Employment Report and the country-specific recommendations.

| (8) | The 2030 Agenda for Sustainable Development and its goals underline that sustainable economic growth needs to go hand in hand with an eradication of poverty and other deprivations, a reduction in inequality and the improved access to healthcare, education and employment. |
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(8)

The 2030 Agenda for Sustainable Development and its goals underline that sustainable economic growth needs to go hand in hand with an eradication of poverty and other deprivations, a reduction in inequality and the improved access to healthcare, education and employment.

| (9) | In its Resolution of 24 October 2017 (6) on minimum income policies as a tool for fighting poverty, the European Parliament called on Member States to introduce adequate minimum income, highlighting the role of minimum income protection as a tool in combatting poverty. In its conclusions of 12 October 2020 on ‘Strengthening Minimum Income Protection to Combat Poverty and Social Exclusion in the COVID-19 Pandemic and Beyond’ (7), the Council invited the Commission to initiate an update of the Union framework to effectively support and complement the policies of Member States on national minimum income protection. During the Conference on the Future of Europe, citizens called for a common Union framework on minimum income. |
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(9)

In its Resolution of 24 October 2017 (6) on minimum income policies as a tool for fighting poverty, the European Parliament called on Member States to introduce adequate minimum income, highlighting the role of minimum income protection as a tool in combatting poverty. In its conclusions of 12 October 2020 on ‘Strengthening Minimum Income Protection to Combat Poverty and Social Exclusion in the COVID-19 Pandemic and Beyond’ (7), the Council invited the Commission to initiate an update of the Union framework to effectively support and complement the policies of Member States on national minimum income protection. During the Conference on the Future of Europe, citizens called for a common Union framework on minimum income.

| (10) | This Recommendation builds on the findings of the Commission assessments in reviewing the progress achieved in the implementation of Recommendation 2008/867/EC. The assessments confirmed the validity of the active inclusion approach, but highlighted specific challenges regarding low adequacy, limited take-up and the narrow coverage of minimum income, potential disincentives arising from tax and benefit systems and a problematic access to quality services fostering social inclusion and labour market integration, amongst others. The assesments also called for a sharper focus on adequate support for the social inclusion of persons who cannot work. |
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(10)

This Recommendation builds on the findings of the Commission assessments in reviewing the progress achieved in the implementation of Recommendation 2008/867/EC. The assessments confirmed the validity of the active inclusion approach, but highlighted specific challenges regarding low adequacy, limited take-up and the narrow coverage of minimum income, potential disincentives arising from tax and benefit systems and a problematic access to quality services fostering social inclusion and labour market integration, amongst others. The assesments also called for a sharper focus on adequate support for the social inclusion of persons who cannot work.

| (11) | Despite progress achieved in the reduction of poverty and social exclusion in the Union in the last decade, in 2021 over 95,4 million people still remained at risk of poverty or social exclusion and that risk was higher for women. Increase in the poverty risk for people living in (quasi) jobless households and a worsening in poverty in many Member States, accompanied by a decline in the impact of social transfers on poverty reduction, raise concerns. The Union and its Member States should do more to effectively assist the most vulnerable and disadvantaged persons. |
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(11)

Despite progress achieved in the reduction of poverty and social exclusion in the Union in the last decade, in 2021 over 95,4 million people still remained at risk of poverty or social exclusion and that risk was higher for women. Increase in the poverty risk for people living in (quasi) jobless households and a worsening in poverty in many Member States, accompanied by a decline in the impact of social transfers on poverty reduction, raise concerns. The Union and its Member States should do more to effectively assist the most vulnerable and disadvantaged persons.

| (12) | Sustainable and quality employment is the best way out of poverty and social exclusion. At the same time, ensuring the presence of more people in the labour market contributes to the financing of social protection systems and enhances their financial sustainability, which contributes to intergenerational fairness and promotes social cohesion. In order to achieve higher employment levels, it is of paramount importance to support people in successful labour market transitions. |
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(12)

Sustainable and quality employment is the best way out of poverty and social exclusion. At the same time, ensuring the presence of more people in the labour market contributes to the financing of social protection systems and enhances their financial sustainability, which contributes to intergenerational fairness and promotes social cohesion. In order to achieve higher employment levels, it is of paramount importance to support people in successful labour market transitions.

| (13) | The social and economic advantages of adequate and targeted social safety nets became even more important during the COVID-19 pandemic lockdowns. COVID-19 containment measures had a disproportionate impact on women and disadvantaged groups, notably in terms of access to healthcare, both for physical and mental health reasons, education and relevant services, which also aggravated pre-existing limitations in access to employment (8). The lessons learnt from the COVID-19 crisis also highlighted the importance of adequate, comprehensive and resilient social protection systems that are shock-responsive preventive instruments that support recovery. |
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(13)

The social and economic advantages of adequate and targeted social safety nets became even more important during the COVID-19 pandemic lockdowns. COVID-19 containment measures had a disproportionate impact on women and disadvantaged groups, notably in terms of access to healthcare, both for physical and mental health reasons, education and relevant services, which also aggravated pre-existing limitations in access to employment (8). The lessons learnt from the COVID-19 crisis also highlighted the importance of adequate, comprehensive and resilient social protection systems that are shock-responsive preventive instruments that support recovery.

| (14) | Macroeconomic trends associated with globalisation, green and digital transitions, changes in demographics and patterns of work continue to shape the Union. Comprehensive and robust social safety nets, which ensure adequate income support and facilitate labour market transitions, including support for reskilling and upskilling, can help that those processes are just and inclusive. Changes in career patterns, paired with an increase of non-standard forms of employment, can make it more difficult for low-income people to qualify for access to insurance-based social protection systems and can lead to an increased demand for alternative support measures, such as minimum income. Moreover, following Russia’s unjustified and illegal war of aggression against Ukraine, the sharp increase in energy prices and subsequent inflation areaffecting low- and lower middle-income households. Income measures can be aimed at vulnerable groups and are compatible with preserving incentives to reduce energy demand and improve energy efficiency. |
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(14)

Macroeconomic trends associated with globalisation, green and digital transitions, changes in demographics and patterns of work continue to shape the Union. Comprehensive and robust social safety nets, which ensure adequate income support and facilitate labour market transitions, including support for reskilling and upskilling, can help that those processes are just and inclusive. Changes in career patterns, paired with an increase of non-standard forms of employment, can make it more difficult for low-income people to qualify for access to insurance-based social protection systems and can lead to an increased demand for alternative support measures, such as minimum income. Moreover, following Russia’s unjustified and illegal war of aggression against Ukraine, the sharp increase in energy prices and subsequent inflation areaffecting low- and lower middle-income households. Income measures can be aimed at vulnerable groups and are compatible with preserving incentives to reduce energy demand and improve energy efficiency.

| (15) | The focus of this Recommendation is on ‘persons lacking sufficient resources’ meaning persons living in households with insufficient, irregular or uncertain monetary and material resources, which are indispensable for their health and well-being and for participating in economic and social life. For those who can work, robust social safety nets must facilitate the (re)integration in the labour market through specific support measures that combine active labour market measures, support in job seeking, education and training. For those in need, including those who cannot work, they ensure adequate income support and enabling services. Thus, social safety nets are not a passive tool but act, as far as possible, as a springboard for socioeconomic integration and upward social mobility, improving inclusion and employment prospects. |
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(15)

The focus of this Recommendation is on ‘persons lacking sufficient resources’ meaning persons living in households with insufficient, irregular or uncertain monetary and material resources, which are indispensable for their health and well-being and for participating in economic and social life. For those who can work, robust social safety nets must facilitate the (re)integration in the labour market through specific support measures that combine active labour market measures, support in job seeking, education and training. For those in need, including those who cannot work, they ensure adequate income support and enabling services. Thus, social safety nets are not a passive tool but act, as far as possible, as a springboard for socioeconomic integration and upward social mobility, improving inclusion and employment prospects.

| (16) | Social safety nets include an array of monetary and in-kind benefits that provide income support and access to enabling and essential services.Important components of income support are minimum income benefits, defined as non-contributory and means-tested monetary benefits of last resort that aim at bridging the gap in order to reach a certain overall level of income in households where other sources of income or benefits have been exhausted or are not adequate to ensure a life in dignity. In some Member States, minimum income benefits may be combined with other monetary benefits provided to the household and its members such as child and family allowances, housing benefits, unemployment benefits, disability benefits, old-age benefits or in-work benefits. They can also top up minimum pensions and income from work. This Recommentation principally addresses minimum income and is without prejudice to the Council Recommendation on access to social protection for workers and the self-employed (9). |
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(16)

Social safety nets include an array of monetary and in-kind benefits that provide income support and access to enabling and essential services.Important components of income support are minimum income benefits, defined as non-contributory and means-tested monetary benefits of last resort that aim at bridging the gap in order to reach a certain overall level of income in households where other sources of income or benefits have been exhausted or are not adequate to ensure a life in dignity. In some Member States, minimum income benefits may be combined with other monetary benefits provided to the household and its members such as child and family allowances, housing benefits, unemployment benefits, disability benefits, old-age benefits or in-work benefits. They can also top up minimum pensions and income from work. This Recommentation principally addresses minimum income and is without prejudice to the Council Recommendation on access to social protection for workers and the self-employed (9).

| (17) | Minimum income is a key element in strategies to exit poverty and exclusion and can act as an automatic stabiliser. In times of economic crisis, it can contribute to supporting a sustainable and inclusive recovery, help mitigate the drop in household incomes and contain the level of people at risk of poverty or social exclusion. For those who can work, minimum income should comprise adequate incentives and tailored and proportionate conditionality to (re)integrate in the labour market. At the same time, minimum income should be designed alongside with work incentives to avoid hysteresis effects in the labour market and to support high employment levels, high work intensity, sustainable transition to the labour market and upward income mobility. |
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(17)

Minimum income is a key element in strategies to exit poverty and exclusion and can act as an automatic stabiliser. In times of economic crisis, it can contribute to supporting a sustainable and inclusive recovery, help mitigate the drop in household incomes and contain the level of people at risk of poverty or social exclusion. For those who can work, minimum income should comprise adequate incentives and tailored and proportionate conditionality to (re)integrate in the labour market. At the same time, minimum income should be designed alongside with work incentives to avoid hysteresis effects in the labour market and to support high employment levels, high work intensity, sustainable transition to the labour market and upward income mobility.

| (18) | In-kind benefits can complement monetary benefits by facilitating access to specific services such as early childhood education and care in accordance with Council Recommendation (EU) 2021/1004 (10) establishing a European Child Guarantee, healthcare and long-term care, social housing, employment and training as well as to essential services. The provision of such in-kind benefits can help contextualise the assessment of the adequacy of income support. Certain in-kind benefits provided through targeted schemes and supporting general consumption (for example food vouchers or the compensation of costs directly related to housing, including reduced energy tariffs) to persons lacking sufficient resources can be taken into account when assessing the adequacy of income support in so far as these benefits directly contribute to improving the income situation of the minimum income beneficiaries. |
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(18)

In-kind benefits can complement monetary benefits by facilitating access to specific services such as early childhood education and care in accordance with Council Recommendation (EU) 2021/1004 (10) establishing a European Child Guarantee, healthcare and long-term care, social housing, employment and training as well as to essential services. The provision of such in-kind benefits can help contextualise the assessment of the adequacy of income support. Certain in-kind benefits provided through targeted schemes and supporting general consumption (for example food vouchers or the compensation of costs directly related to housing, including reduced energy tariffs) to persons lacking sufficient resources can be taken into account when assessing the adequacy of income support in so far as these benefits directly contribute to improving the income situation of the minimum income beneficiaries.

| (19) | Doing more to implement integrated, robust social safety nets has the potential not only to improve the social and health outcomes for those furthest from the labour market, but also to deliver lasting social and economic benefits for the Union, boost economic, social and territorial cohesion and result in more equitable and cohesive and resilient societies. Continued efforts are necessary in order to improve access to the insurance-based social protection system for low-income people, to help them acquire social protection rights, particularly through facilitating quality employment, and to coordinate the provision of income support under the respective schemes. Those social safety nets should also help increase access to healthcare and healthy food for those in poverty. Member States should seek to raise the effectiveness and efficiency of their social protection systems, including by supporting access to the labour market, as a whole to avoid people from falling into poverty or needing to rely on minimum income longterm. |
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(19)

Doing more to implement integrated, robust social safety nets has the potential not only to improve the social and health outcomes for those furthest from the labour market, but also to deliver lasting social and economic benefits for the Union, boost economic, social and territorial cohesion and result in more equitable and cohesive and resilient societies. Continued efforts are necessary in order to improve access to the insurance-based social protection system for low-income people, to help them acquire social protection rights, particularly through facilitating quality employment, and to coordinate the provision of income support under the respective schemes. Those social safety nets should also help increase access to healthcare and healthy food for those in poverty. Member States should seek to raise the effectiveness and efficiency of their social protection systems, including by supporting access to the labour market, as a whole to avoid people from falling into poverty or needing to rely on minimum income longterm.

| (20) | Although all Member States have social safety nets in place, the progress in making them accessible and adequate has been uneven. The design varies across Member States, reflecting different national traditions and the overall architecture of social protection systems and interplay between monetary and in-kind benefits. Despite the aforementioned points, Member States face similar challenges. While some convergence has taken place, the reforms adopted so far have not always been sufficient or their implementation has been slow, as reflected by relevant long-standing country-specific recommendations issued in the European Semester process. The national plans under the Recovery and Resilience Facility envisage support to reforms and investments in the concerned Member States to strengthen the effectiveness, design and resilience of their social protection systems, including through improving the design of minimum income and ensuring upward convergence in its adequacy and coverage. Several investments also focus on fighting energy poverty and on improving access to essential services for vulnerable households. |
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(20)

Although all Member States have social safety nets in place, the progress in making them accessible and adequate has been uneven. The design varies across Member States, reflecting different national traditions and the overall architecture of social protection systems and interplay between monetary and in-kind benefits. Despite the aforementioned points, Member States face similar challenges. While some convergence has taken place, the reforms adopted so far have not always been sufficient or their implementation has been slow, as reflected by relevant long-standing country-specific recommendations issued in the European Semester process. The national plans under the Recovery and Resilience Facility envisage support to reforms and investments in the concerned Member States to strengthen the effectiveness, design and resilience of their social protection systems, including through improving the design of minimum income and ensuring upward convergence in its adequacy and coverage. Several investments also focus on fighting energy poverty and on improving access to essential services for vulnerable households.

| (21) | Income support is considered adequate when it ensures a life in dignity at all stages of life. A sound and transparent methodology for setting, reviewing at regular intervals and, whenever relevant, annualy adjusting minimum income, informed by relevant indicators and accounting for household’s specific needs, is necessary to ensure adequacy of the overall income support. Reference values, such as the national-at-risk-of poverty threshold or methodologies based on a nationally defined basket of goods and services reflecting the cost of living and needs of persons lacking sufficient resources in a given Member State or a region, can help guide the adequacy assessment. Adequacy can also be benchmarked against income from work, such as the income of a low-wage earner or a minimum wage earner, while respecting the at-risk-of-poverty threshold or ensuring the cost of living and the needs of persons lacking sufficient resources. While it is evident that income from work (at minimum wage level) should be higher than income from benefits, there is no evidence of significant negative impact on average on the likelihood of finding a job for people that receive minimum income support. Given the disparities in adequacy across countries, Member States should achieve adequate levels of overall income support in a progressive manner. When determining and adjusting the level of minimum income, Member States should consider the level of inflation (especially that of food and energy), rises in the costs of living, and wage developments. |
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(21)

Income support is considered adequate when it ensures a life in dignity at all stages of life. A sound and transparent methodology for setting, reviewing at regular intervals and, whenever relevant, annualy adjusting minimum income, informed by relevant indicators and accounting for household’s specific needs, is necessary to ensure adequacy of the overall income support. Reference values, such as the national-at-risk-of poverty threshold or methodologies based on a nationally defined basket of goods and services reflecting the cost of living and needs of persons lacking sufficient resources in a given Member State or a region, can help guide the adequacy assessment. Adequacy can also be benchmarked against income from work, such as the income of a low-wage earner or a minimum wage earner, while respecting the at-risk-of-poverty threshold or ensuring the cost of living and the needs of persons lacking sufficient resources. While it is evident that income from work (at minimum wage level) should be higher than income from benefits, there is no evidence of significant negative impact on average on the likelihood of finding a job for people that receive minimum income support. Given the disparities in adequacy across countries, Member States should achieve adequate levels of overall income support in a progressive manner. When determining and adjusting the level of minimum income, Member States should consider the level of inflation (especially that of food and energy), rises in the costs of living, and wage developments.

| (22) | The eligibility criteria for minimum income may be a barrier to access for certain groups. In principle, children are covered as a part of the household. However the age threshold set for claimants above the age of 18 may limit access for young adults. Restrictions related to the minimum length of legal residence can limit access for non-nationals, while the lack of having a permanent address makes it difficult for homeless people or people living in deprived areas (e.g. in Roma settlements) to benefit from minimum income. Whereas means-testing is an essential element in order to ensure the appropriate targeting of minimum income, insufficient coverage may also arise when a threshold for the maximum total value of income and assets during means-testing is set at a low level, thereby excluding some households even if they are poor. The introduction of non-discriminatory criteria for access to a minimum income shall not affect exceptions from equal treatment stipulated or permitted by Union law, such as Directive 2004/38/EC of the European Parliament and of the Council (11). |
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(22)

The eligibility criteria for minimum income may be a barrier to access for certain groups. In principle, children are covered as a part of the household. However the age threshold set for claimants above the age of 18 may limit access for young adults. Restrictions related to the minimum length of legal residence can limit access for non-nationals, while the lack of having a permanent address makes it difficult for homeless people or people living in deprived areas (e.g. in Roma settlements) to benefit from minimum income. Whereas means-testing is an essential element in order to ensure the appropriate targeting of minimum income, insufficient coverage may also arise when a threshold for the maximum total value of income and assets during means-testing is set at a low level, thereby excluding some households even if they are poor. The introduction of non-discriminatory criteria for access to a minimum income shall not affect exceptions from equal treatment stipulated or permitted by Union law, such as Directive 2004/38/EC of the European Parliament and of the Council (11).

| (23) | Gaps in the coverage by minimum income should be addressed and the continuity of coverage over different phases of life should be ensured by putting in place transparent and non-discriminatory access criteria. Age, the existence of a permanent address or the requirement of disproportionally long legal residence should not form a barrier to access minimum income. Means-testing usually includes various types of incomes (such as from work or benefits already granted) and certain assets (such as property). The thresholds for means-testing and the types of income and assets excluded from means-testing should reflect a life in dignity for different types and sizes of households in a given Member State. Low earnings from work (such as one-off or irregular incomes) should be treated proportionally in means-testing in such a way that safeguards incentives to work for those who can work and does not exclude claimants from drawing (possibly lower) benefits. Access to minimum income needs to be granted swiftly without unnecessary delay and the entitlement should be unlimited provided the claimants continue to meet the eligibility and specific conditionality criteria subject to periodical reviews. The envisaged time limit of 30 days to process the application from its submission can be interrupted in case of the necessity to establish all facts provided that, where possible, persons lacking sufficient resources receive appropriate provisional assistance. |
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(23)

Gaps in the coverage by minimum income should be addressed and the continuity of coverage over different phases of life should be ensured by putting in place transparent and non-discriminatory access criteria. Age, the existence of a permanent address or the requirement of disproportionally long legal residence should not form a barrier to access minimum income. Means-testing usually includes various types of incomes (such as from work or benefits already granted) and certain assets (such as property). The thresholds for means-testing and the types of income and assets excluded from means-testing should reflect a life in dignity for different types and sizes of households in a given Member State. Low earnings from work (such as one-off or irregular incomes) should be treated proportionally in means-testing in such a way that safeguards incentives to work for those who can work and does not exclude claimants from drawing (possibly lower) benefits. Access to minimum income needs to be granted swiftly without unnecessary delay and the entitlement should be unlimited provided the claimants continue to meet the eligibility and specific conditionality criteria subject to periodical reviews. The envisaged time limit of 30 days to process the application from its submission can be interrupted in case of the necessity to establish all facts provided that, where possible, persons lacking sufficient resources receive appropriate provisional assistance.

| (24) | In times of economic downturns and various types of crisis situations, flexibility in the design of minimum income, including through temporarily simplified access, relaxing the eligibility criteria or extending the duration of benefits, can play an important role in mitigating the adverse social consequences and play a stabilising role in the economy. Fiscal consolidation measures that result in the reduction of protection levels rather than improving the effectiveness of the schemes should only be used as a last resort option and be accompanied by a distributional impact assessment to mitigate adverse effects on the most disadvantaged; the level of protection should in any case remain adequate. |
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(24)

In times of economic downturns and various types of crisis situations, flexibility in the design of minimum income, including through temporarily simplified access, relaxing the eligibility criteria or extending the duration of benefits, can play an important role in mitigating the adverse social consequences and play a stabilising role in the economy. Fiscal consolidation measures that result in the reduction of protection levels rather than improving the effectiveness of the schemes should only be used as a last resort option and be accompanied by a distributional impact assessment to mitigate adverse effects on the most disadvantaged; the level of protection should in any case remain adequate.

| (25) | A disproportionate administrative burden, the lack of awareness or fear of stigmatisation or discrimination may lead to the fact that those eligible for minimum income do not request access to it. Avoiding fragmented schemes, ensuring overall accessibility and simplicity of the application procedures and offering administrative support to the potential claimants can increase the take-up of minimum income. Further measures are needed to facilitate the take-up of minimum income by single-parent households, predominantly headed by women. In addition, while respecting data protection rules, proactive outreach efforts should target in particular socially deprived areas and the most marginalised households, including Roma. The low accessibility of digital tools or lack of skills for their use can also constitute a barrier to effective access, including for persons with disabilities. Regular monitoring and analysis of relevant data can help understand the causes of non-take-up and improve policy responses. |
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(25)

A disproportionate administrative burden, the lack of awareness or fear of stigmatisation or discrimination may lead to the fact that those eligible for minimum income do not request access to it. Avoiding fragmented schemes, ensuring overall accessibility and simplicity of the application procedures and offering administrative support to the potential claimants can increase the take-up of minimum income. Further measures are needed to facilitate the take-up of minimum income by single-parent households, predominantly headed by women. In addition, while respecting data protection rules, proactive outreach efforts should target in particular socially deprived areas and the most marginalised households, including Roma. The low accessibility of digital tools or lack of skills for their use can also constitute a barrier to effective access, including for persons with disabilities. Regular monitoring and analysis of relevant data can help understand the causes of non-take-up and improve policy responses.

| (26) | While means-testing is done at household level, it often does not take into account the position of individuals within the household, potential unequal sharing of family incomes and the desire for autonomy. This particularly affects women as they are more likely to have lower incomes, lower pay and greater caring responsibilities. Without necessarily changing the means-testing practice and increasing the overall level of benefits received by the household, solutions taken in accordance with national law and practice facilitating the receipt by individual members of the household of their share in income support can contribute to gender equality and to economic independence and income security of women, young adults and persons with disabilities. |
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(26)

While means-testing is done at household level, it often does not take into account the position of individuals within the household, potential unequal sharing of family incomes and the desire for autonomy. This particularly affects women as they are more likely to have lower incomes, lower pay and greater caring responsibilities. Without necessarily changing the means-testing practice and increasing the overall level of benefits received by the household, solutions taken in accordance with national law and practice facilitating the receipt by individual members of the household of their share in income support can contribute to gender equality and to economic independence and income security of women, young adults and persons with disabilities.

| (27) | Strengthening inclusive labour markets accessible for all is important in mitigating long-term dependence on income support. Activation requirements and active labour market policies can encourage higher job-search efforts and acceptance of job offers, when including supporting services such as counselling, coaching and job-search assistance and measures to ensure work-life balance. In line with Council Recommendation of 30 October 2020 on a Bridge to Jobs – Reinforcing the Youth Guarantee (12), particular attention should be devoted to young people not in employment, education or training (NEET) at the risk of poverty or social exclusion by getting them back into education, training or the labour market within the shortest time possible, while the receipt of income support should be linked to particularly strong activation measures. In line with the Commission’s Strategy for the Rights of Persons with Disabilities 2021-2030 (13), particular attention should also be given to the needs of persons with disabilities. Upskilling and reskilling opportunities, personalised support and guidance that meet specific needs, ensuring quality jobs, promoting job retention and enabling advancement can support the transition to employment across all ages. Regular reviews of incentives and disincentives resulting from tax and benefit systems, gradual phasing out of income support upon taking up employment or the possibility to combine it with earnings can increase the disposable income of the household, thereby contributing to making work pay, reducing in-work poverty and incentivising formal employment. At the same time, in-work benefits need to be carefully designed to avoid low-wage traps. |
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(27)

Strengthening inclusive labour markets accessible for all is important in mitigating long-term dependence on income support. Activation requirements and active labour market policies can encourage higher job-search efforts and acceptance of job offers, when including supporting services such as counselling, coaching and job-search assistance and measures to ensure work-life balance. In line with Council Recommendation of 30 October 2020 on a Bridge to Jobs – Reinforcing the Youth Guarantee (12), particular attention should be devoted to young people not in employment, education or training (NEET) at the risk of poverty or social exclusion by getting them back into education, training or the labour market within the shortest time possible, while the receipt of income support should be linked to particularly strong activation measures. In line with the Commission’s Strategy for the Rights of Persons with Disabilities 2021-2030 (13), particular attention should also be given to the needs of persons with disabilities. Upskilling and reskilling opportunities, personalised support and guidance that meet specific needs, ensuring quality jobs, promoting job retention and enabling advancement can support the transition to employment across all ages. Regular reviews of incentives and disincentives resulting from tax and benefit systems, gradual phasing out of income support upon taking up employment or the possibility to combine it with earnings can increase the disposable income of the household, thereby contributing to making work pay, reducing in-work poverty and incentivising formal employment. At the same time, in-work benefits need to be carefully designed to avoid low-wage traps.

| (28) | Employment in the social economy could be a stepping stone towards other sectors of the labour market. Facilitating transition to employment should be supported through the provision of dedicated measures to employers, accompanied by targeted financial incentives where necessary. |
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(28)

Employment in the social economy could be a stepping stone towards other sectors of the labour market. Facilitating transition to employment should be supported through the provision of dedicated measures to employers, accompanied by targeted financial incentives where necessary.

| (29) | Social inclusion services, for example social work, counselling, coaching, mentoring, psychological support and various rehabilitation schemes, and measures facilitating access to other enabling or essential services are also necessary to build robust social safety nets. Efforts should also continue to improve the quality of services, in line with the Voluntary European Quality Framework for Social Services, developed by the Social Protection Committee (14), and to ensure the continuity of access to essential services. Measures to address financial and non-financial barriers that hamper equal and universal access to services should also be strengthened. |
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(29)

Social inclusion services, for example social work, counselling, coaching, mentoring, psychological support and various rehabilitation schemes, and measures facilitating access to other enabling or essential services are also necessary to build robust social safety nets. Efforts should also continue to improve the quality of services, in line with the Voluntary European Quality Framework for Social Services, developed by the Social Protection Committee (14), and to ensure the continuity of access to essential services. Measures to address financial and non-financial barriers that hamper equal and universal access to services should also be strengthened.

| (30) | More individualised support that aims at identifying and addressing complex needs of persons lacking sufficient resources and their households can significantly contribute to their successful social and economic integration. A needs assessment is a prerequisite to conclude a tailor-made inclusion plan covering persons lacking sufficient resources of a given household (individually or jointly), determining the type of support needed and agreed objectives. The support should include suitably sequenced social inclusion measures or active labour market policy measures, depending on individual situation and the availability to work, while ensuring a balance between positive incentives and activation requirements. The job integration agreements concluded in accordance with Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market (15) can also serve this purpose and, if needed, be adapted accordingly. |
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(30)

More individualised support that aims at identifying and addressing complex needs of persons lacking sufficient resources and their households can significantly contribute to their successful social and economic integration. A needs assessment is a prerequisite to conclude a tailor-made inclusion plan covering persons lacking sufficient resources of a given household (individually or jointly), determining the type of support needed and agreed objectives. The support should include suitably sequenced social inclusion measures or active labour market policy measures, depending on individual situation and the availability to work, while ensuring a balance between positive incentives and activation requirements. The job integration agreements concluded in accordance with Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market (15) can also serve this purpose and, if needed, be adapted accordingly.

| (31) | Effective governance mechanisms are key in delivering robust social safety nets. Administration of the benefits and services provision should take the advantage of the tools offered by digital transition, while avoiding exclusion by digital divide. Efforts should be made to ensure close coordination and alignment of existing schemes and benefits, as well as their coordination with other policies. Particular attention needs to be paid to strengthening the operational capacity of all involved institutions. Data exchange and closer cooperation across different levels of governance and services, including through formal agreements or one-stop-shops, facilitate better-integrated support. Reliable monitoring and regular evaluating of policy impact, with the involvement of all stakeholders, can contribute to increased efficiency, informed policymaking and improved transparency of the national systems. |
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(31)

Effective governance mechanisms are key in delivering robust social safety nets. Administration of the benefits and services provision should take the advantage of the tools offered by digital transition, while avoiding exclusion by digital divide. Efforts should be made to ensure close coordination and alignment of existing schemes and benefits, as well as their coordination with other policies. Particular attention needs to be paid to strengthening the operational capacity of all involved institutions. Data exchange and closer cooperation across different levels of governance and services, including through formal agreements or one-stop-shops, facilitate better-integrated support. Reliable monitoring and regular evaluating of policy impact, with the involvement of all stakeholders, can contribute to increased efficiency, informed policymaking and improved transparency of the national systems.

| (32) | Civil society organisations often play an important complementary role in the fight against poverty and social exclusion. Their dedicated activities can support public authorities in the design and implementation of inclusion and activation policies. By providing both material and psychosocial support to the most vulnerable, civil society organisations contribute to restoring human dignity and supporting social inclusion, while guiding those who can work on the way to employment. |
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(32)

Civil society organisations often play an important complementary role in the fight against poverty and social exclusion. Their dedicated activities can support public authorities in the design and implementation of inclusion and activation policies. By providing both material and psychosocial support to the most vulnerable, civil society organisations contribute to restoring human dignity and supporting social inclusion, while guiding those who can work on the way to employment.

| (33) | Mutual learning and exchange of best practices at Union level together with analytical work to further elaborate the existing Union benchmarking framework on minimum income, including through enhancing the availability and comparability of relevant indicators and data regularity should support Member States in the design and implementation of national reforms. |
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(33)

Mutual learning and exchange of best practices at Union level together with analytical work to further elaborate the existing Union benchmarking framework on minimum income, including through enhancing the availability and comparability of relevant indicators and data regularity should support Member States in the design and implementation of national reforms.

| (34) | Union funds are available to support the implementation of this Recommendation. Within the European Social Fund Plus, established by the Regulation (EU) 2021/1057 of the European Parliament and of the Council (16), each Member State should allocate at least 25 % of the European Social Fund Plus to combat social exclusion. The European Regional Development Fund and InvestEU can equally support investments in enabling social infrastructure, such as social housing and early childhood education and care, as well as equipment and access to quality services. The Technical Support Instrument and the Recovery and Resilience Facility already support Member States in designing and implementing structural reforms in the area of minimum income. |
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(34)

Union funds are available to support the implementation of this Recommendation. Within the European Social Fund Plus, established by the Regulation (EU) 2021/1057 of the European Parliament and of the Council (16), each Member State should allocate at least 25 % of the European Social Fund Plus to combat social exclusion. The European Regional Development Fund and InvestEU can equally support investments in enabling social infrastructure, such as social housing and early childhood education and care, as well as equipment and access to quality services. The Technical Support Instrument and the Recovery and Resilience Facility already support Member States in designing and implementing structural reforms in the area of minimum income.

| (35) | The overall sustainability of public finances and the adequate funding of minimum income are essential for their resilience, efficiency and effectiveness. The implementation of this Recommendation should not significantly affect the financial equilibrium of Member States’ social protection systems. |
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(35)

The overall sustainability of public finances and the adequate funding of minimum income are essential for their resilience, efficiency and effectiveness. The implementation of this Recommendation should not significantly affect the financial equilibrium of Member States’ social protection systems.

| (36) | Distributional impact assessment (the ‘DIA’) is a useful tool incapturing the impact of budgetary measures and other reforms and investments for different income groups, including the most disadvantaged. Thus, the DIA can contribute to a more efficient and effective design of tax and benefit reforms, thereby ensuring that no one is left behind. The Commission Communication of 28 September 2022 entitled ‘Better assessing the distributional impact of Member States’ policies’ (17) provides guidance to Member States on how best to embed the DIA in their policy-making processes. |
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(36)

Distributional impact assessment (the ‘DIA’) is a useful tool incapturing the impact of budgetary measures and other reforms and investments for different income groups, including the most disadvantaged. Thus, the DIA can contribute to a more efficient and effective design of tax and benefit reforms, thereby ensuring that no one is left behind. The Commission Communication of 28 September 2022 entitled ‘Better assessing the distributional impact of Member States’ policies’ (17) provides guidance to Member States on how best to embed the DIA in their policy-making processes.

| (37) | The implementation of this Recommendation cannot be used to lower the level of protection provided for in existing national legislation or as laid out in Recommendation 92/441/EEC. Member States are invited to introduce or maintain more favourable provisions than those recommended herein. |
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(37)

The implementation of this Recommendation cannot be used to lower the level of protection provided for in existing national legislation or as laid out in Recommendation 92/441/EEC. Member States are invited to introduce or maintain more favourable provisions than those recommended herein.

| (38) | This Recommendation is without prejudice to Member States’ competences to define and organise their social protection systems, |
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(38)

This Recommendation is without prejudice to Member States’ competences to define and organise their social protection systems,

HAS ADOPTED THIS RECOMMENDATION:

OBJECTIVE

| (1) | With a view to ensure a life in dignity at all stages of life, this Recommendation aims at combatting poverty and social exclusion by promoting adequate income support, in particular by means of minimum income, effective access to enabling and essential services for persons lacking sufficient resources and fostering labour market integration of those who can work, in line with the active inclusion approach. |
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(1)

DEFINITIONS

| (2) | For the purpose of this Recommendation, the following definitions apply:






  (a) | ‘persons lacking sufficient resources’ means persons living in households with insufficient, irregular or uncertain monetary and material resources, which are indispensable for their health and well-being and for participating in economic and social life; |
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(2)

(a)

‘persons lacking sufficient resources’ means persons living in households with insufficient, irregular or uncertain monetary and material resources, which are indispensable for their health and well-being and for participating in economic and social life;

| (b) | ‘income support’ means a total of all types of monetary benefits provided to the household and its members, including minimum income benefits; |
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(b)

‘income support’ means a total of all types of monetary benefits provided to the household and its members, including minimum income benefits;

| (c) | ‘minimum income’ means non-contributory and means-tested safety nets of last resort to persons lacking sufficient resources, operating within social protection systems; |
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(c)

‘minimum income’ means non-contributory and means-tested safety nets of last resort to persons lacking sufficient resources, operating within social protection systems;

| (d) | ‘coverage’ means the entitlement to participate in minimum income as defined in the national legislation; |
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(d)

‘coverage’ means the entitlement to participate in minimum income as defined in the national legislation;

| (e) | ‘take-up’ means the proportion of persons lacking sufficient resources entitled to participate in minimum income who actually take part in them; |
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(e)

‘take-up’ means the proportion of persons lacking sufficient resources entitled to participate in minimum income who actually take part in them;

| (f) | ‘enabling services’ means services targeting the specific needs of persons lacking sufficient resources to ensure that they are able to integrate in society and, where relevant, the labour market, including social inclusion services, for example social work, counselling, coaching, mentoring, psychological support, rehabilitation and other general enabling services, including early childhood education and care, healthcare, long-term care, education and training, and housing; |
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(f)

‘enabling services’ means services targeting the specific needs of persons lacking sufficient resources to ensure that they are able to integrate in society and, where relevant, the labour market, including social inclusion services, for example social work, counselling, coaching, mentoring, psychological support, rehabilitation and other general enabling services, including early childhood education and care, healthcare, long-term care, education and training, and housing;

| (g) | ‘essential services’ means services which include water, sanitation, energy, transport, financial services and digital communications; |
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(g)

‘essential services’ means services which include water, sanitation, energy, transport, financial services and digital communications;

| (h) | ‘effective access to services’ means a situation in which relevant services are readily available, affordable, accessible, of good quality, provided in a timely manner and where the potential users have equal access to them, are aware of their existence, as well as of entitlements to use them; |
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(h)

‘effective access to services’ means a situation in which relevant services are readily available, affordable, accessible, of good quality, provided in a timely manner and where the potential users have equal access to them, are aware of their existence, as well as of entitlements to use them;

| (i) | ‘inclusion plan’ means an agreement or set of agreements concluded with persons lacking sufficient resources, aiming at fostering their social inclusion and, for those who can work, their labour market integration. |
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(i)

‘inclusion plan’ means an agreement or set of agreements concluded with persons lacking sufficient resources, aiming at fostering their social inclusion and, for those who can work, their labour market integration.

ADEQUACY OF INCOME SUPPORT

| (3) | It is recommended that Member States provide and, where necessary, strengthen robust social safety nets that guarantee life in dignity at all stages of life, by combining adequate income support – through minimum income benefits and other accompanying monetary benefits – and in-kind benefits, and giving effective access to enabling and essential services. The provision of in-kind benefits can support robust income support. |
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(3)

| (4) | In order to ensure adequate income support, it is recommended that Member States set the level of minimum income through a transparent and robust methodology defined in accordance with national law and by involving relevant stakeholders. It is recommended that such methodology takes into account overall income sources, the specific needs and disadvantaged situations of the households, the income of a low-wage earner or a minimum wage earner, standards of living and purchasing power, price levels and their related developments and other relevant elements. |
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(4)

| (5) | While safeguarding incentives to (re)integrate and remain in the labour market for those who can work, it is recommended that income support of persons lacking sufficient resources reaches a level which is at least equivalent to one of the following:






  (a) | the national-at-risk-of poverty threshold; or |
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(5)

(a)

the national-at-risk-of poverty threshold; or

| (b) | the monetary value of necessary goods and services, including adequate nutrition, housing, healthcare and essential services, according to the national definitions; or |
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(b)

the monetary value of necessary goods and services, including adequate nutrition, housing, healthcare and essential services, according to the national definitions; or

| (c) | other levels comparable to the levels referred to in point (a) or (b), established by national law or practice. |
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(c)

other levels comparable to the levels referred to in point (a) or (b), established by national law or practice.

| (6) | Member States are recommended to achieve gradually the adequate level of income support provided for in paragraph (5) by 2030 at the latest, while safeguarding the sustainability of public finances. |
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(6)

| (7) | It is recommended that Member States regularly review and, whenever relevant, adjust the level of minimum income in order to maintain the adequacy of income support, while taking into account in-kind benefits. |
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(7)

| (8) | With a view to promoting gender equality, income security and economic independence of women, young adults and persons with disabilities, it is recommended that Member States ensure the possibility of requesting the minimum income to be provided to individual members of the household. |
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(8)

COVERAGE OF MINIMUM INCOME

| (9) | It is recommended that Member States ensure that all persons lacking sufficient resources, including young adults, are covered by minimum income set by law, defining:






  (a) | transparent and non-discriminatory eligibility criteria, safeguarding effective access to minimum income, regardless of the existence of permanent address, while ensuring that the length of legal residence is proportionate; |
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(9)

(a)

transparent and non-discriminatory eligibility criteria, safeguarding effective access to minimum income, regardless of the existence of permanent address, while ensuring that the length of legal residence is proportionate;

| (b) | means-testing thresholds that reflect the standard of living in a Member State for different types and sizes of households and take into account the other types of incomes (and assets) of the household in a proportionate way; |
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(b)

means-testing thresholds that reflect the standard of living in a Member State for different types and sizes of households and take into account the other types of incomes (and assets) of the household in a proportionate way;

| (c) | time needed to process the application, while ensuring that the decision is issued without unnecessary delay and in practice no later than 30 days from its submission; |
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(c)

time needed to process the application, while ensuring that the decision is issued without unnecessary delay and in practice no later than 30 days from its submission;

| (d) | the continuity of access to minimum income as long as persons lacking sufficient resources comply with the eligibility criteria and conditions set by law, with a regular frequency of eligibility reviews, while providing access to specific and proportionate active inclusion measures for persons who can work; |
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(d)

the continuity of access to minimum income as long as persons lacking sufficient resources comply with the eligibility criteria and conditions set by law, with a regular frequency of eligibility reviews, while providing access to specific and proportionate active inclusion measures for persons who can work;

| (e) | simple, rapid, impartial and free of charge complaint and appeal procedures, while ensuring that persons lacking sufficient resources are informed and have effective access to such procedures; |
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(e)

simple, rapid, impartial and free of charge complaint and appeal procedures, while ensuring that persons lacking sufficient resources are informed and have effective access to such procedures;

| (f) | measures that ensure that social safety nets are responsive to various types of crises and able to effectively mitigate negative socioeconomic consequences of such crises. |
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(f)

measures that ensure that social safety nets are responsive to various types of crises and able to effectively mitigate negative socioeconomic consequences of such crises.

TAKE-UP OF MINIMUM INCOME

| (10) | It is recommended that Member States encourage or facilitate the full take-up of minimum income through:






  (a) | reducing administrative burden, including through simplifying the application procedures and ensuring step-by-step guidance for those who need it, while paying attention to the availability of digital and non-digital tools; |
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(10)

(a)

reducing administrative burden, including through simplifying the application procedures and ensuring step-by-step guidance for those who need it, while paying attention to the availability of digital and non-digital tools;

| (b) | ensuring access to user-friendly, free of charge, and updated information on rights and obligations related to minimum income; |
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(b)

ensuring access to user-friendly, free of charge, and updated information on rights and obligations related to minimum income;

| (c) | reaching out to persons that lack sufficient resources to raise their awareness and facilitate the take-up, particularly of single-parent households, including through involving relevant stakeholders at national, regional and local level; |
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(c)

reaching out to persons that lack sufficient resources to raise their awareness and facilitate the take-up, particularly of single-parent households, including through involving relevant stakeholders at national, regional and local level;

| (d) | taking steps to combat stigmatisation and unconscious bias attached to poverty and social exclusion; |
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(d)

taking steps to combat stigmatisation and unconscious bias attached to poverty and social exclusion;

| (e) | taking steps to improve or develop evaluation methodologies and assessing regularly the non-take-up of minimum income according to such methodologies and, where applicable, related labour market activation measures, identifying the barriers and putting remedial actions into place. |
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(e)

taking steps to improve or develop evaluation methodologies and assessing regularly the non-take-up of minimum income according to such methodologies and, where applicable, related labour market activation measures, identifying the barriers and putting remedial actions into place.

ACCESS TO INCLUSIVE LABOUR MARKETS

| (11) | With a view to promoting high employment rates and inclusive labour markets, it is recommended that Member States, where relevant in cooperation with social partners, ensure labour market activation, remove barriers to (re)enter and remain in employment, support those who can work in their pathways to quality employment, ensure incentives to work, tackle in-work poverty and labour market segmentation, incentivise formal employment, fight undeclared work and facilitate working opportunities, by:






  (a) | ensuring that activation requirements provide sufficient incentives to (re)enter the labour market, while being gradual and proportionate; particular attention should be paid to young adults to direct them back into education, training or the labour market within the shortest time possible; |
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(11)

(a)

ensuring that activation requirements provide sufficient incentives to (re)enter the labour market, while being gradual and proportionate; particular attention should be paid to young adults to direct them back into education, training or the labour market within the shortest time possible;

| (b) | improving investment in human capital through inclusive education and training policies, supporting upskilling and reskilling, particularly of those with low or outdated skills, including through cooperation with social partners; |
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(b)

improving investment in human capital through inclusive education and training policies, supporting upskilling and reskilling, particularly of those with low or outdated skills, including through cooperation with social partners;

| (c) | providing for the possibility to combine income support with earnings from work, a progressive phasing out of income support or retaining the right to income support during short or sporadic work, probation periods or traineeships; |
| --- | --- |

(c)

providing for the possibility to combine income support with earnings from work, a progressive phasing out of income support or retaining the right to income support during short or sporadic work, probation periods or traineeships;

| (d) | reviewing regularly the incentives and disincentives resulting from tax and benefit systems; |
| --- | --- |

(d)

reviewing regularly the incentives and disincentives resulting from tax and benefit systems;

| (e) | supporting work opportunities in the social economy sector, including through the provision of practical working experience; |
| --- | --- |

(e)

supporting work opportunities in the social economy sector, including through the provision of practical working experience;

| (f) | facilitating transition to employment through offering measures to employers and employees, such as recruitment incentives, (post)placement support, mentoring, counselling, promoting job retention and advancement. |
| --- | --- |

(f)

facilitating transition to employment through offering measures to employers and employees, such as recruitment incentives, (post)placement support, mentoring, counselling, promoting job retention and advancement.

ACCESS TO ENABLING AND ESSENTIAL SERVICES

| (12) | It is recommended that Member States ensure:






  (a) | effective and equal access to enabling services, including in accordance with quality principles defined in the Voluntary European Quality Framework for Social Services; |
| --- | --- | --- |

(12)

(a)

effective and equal access to enabling services, including in accordance with quality principles defined in the Voluntary European Quality Framework for Social Services;

| (b) | safeguarding continuity of effective access to essential services, including energy; |
| --- | --- |

(b)

safeguarding continuity of effective access to essential services, including energy;

| (c) | addressing financial and non-financial barriers to effective access to enabling and essential services. |
| --- | --- |

(c)

addressing financial and non-financial barriers to effective access to enabling and essential services.

INDIVIDUALISED SUPPORT

| (13) | With a view to addressing diverse barriers of persons lacking sufficient resources to social inclusion and, for those who can work, to employment, it is recommended that Member States develop an individualised approach and coordinate service provision, by:






  (a) | carrying out a multi-dimensional needs assessment examining barriers to social inclusion and employment, identifying enabling and essential services necessary to address those barriers and determining the support needed; and |
| --- | --- | --- |

(13)

(a)

carrying out a multi-dimensional needs assessment examining barriers to social inclusion and employment, identifying enabling and essential services necessary to address those barriers and determining the support needed; and

| (b) | on that basis, no later than three months from accessing minimum income drawing an inclusion plan that should:






  (i) | define joint objectives and timelines; |
| --- | --- | --- |

(b)

on that basis, no later than three months from accessing minimum income drawing an inclusion plan that should:

(i)

define joint objectives and timelines;

| (ii) | outline a package of support tailored to individual needs, comprising active labour market measures and/or measures fostering social inclusion; |
| --- | --- |

(ii)

outline a package of support tailored to individual needs, comprising active labour market measures and/or measures fostering social inclusion;

| (iii) | assign a case manager or a single contact and service point who will ensure continuous support, organise timely referrals to relevant services and regularly oversee the progress in implementation of the inclusion plan; |
| --- | --- |

(iii)

assign a case manager or a single contact and service point who will ensure continuous support, organise timely referrals to relevant services and regularly oversee the progress in implementation of the inclusion plan;

| (c) | for persons lacking sufficient resources who are long-term unemployed, reviewing and, where necessary, adapting the existing job integration agreement in accordance with Council Recommendation on the integration of the long-term unemployed into the labour market to complement it with elements of the inclusion plan referred to in point (b). |
| --- | --- |

(c)

for persons lacking sufficient resources who are long-term unemployed, reviewing and, where necessary, adapting the existing job integration agreement in accordance with Council Recommendation on the integration of the long-term unemployed into the labour market to complement it with elements of the inclusion plan referred to in point (b).

GOVERNANCE, MONITORING AND REPORTING

| (14) | With a view of effective design and implementation of robust social safety nets at national, regional and local level, it is recommended that Member States:






  (a) | avoid gaps, overlaps and fragmentation of various benefits and schemes to provide for a coherent package of income support, activation measures and enabling services; |
| --- | --- | --- |

(14)

(a)

avoid gaps, overlaps and fragmentation of various benefits and schemes to provide for a coherent package of income support, activation measures and enabling services;

| (b) | strengthen the operational capacity of authorities in charge of income support, employment services and providers of enabling services and enhance their cooperation, including through data sharing and promoting further integrated service models; |
| --- | --- |

(b)

strengthen the operational capacity of authorities in charge of income support, employment services and providers of enabling services and enhance their cooperation, including through data sharing and promoting further integrated service models;

| (c) | empower relevant stakeholders, such as regional and local authorities, social partners, civil society organisations and social economy actors, with a view to their effective participation in the design, implementation, monitoring and evaluation of minimum income schemes; |
| --- | --- |

(c)

empower relevant stakeholders, such as regional and local authorities, social partners, civil society organisations and social economy actors, with a view to their effective participation in the design, implementation, monitoring and evaluation of minimum income schemes;

| (d) | ensure the adequate funding of social safety nets in a manner coherent with the overall sustainability of public finances. |
| --- | --- |

(d)

ensure the adequate funding of social safety nets in a manner coherent with the overall sustainability of public finances.

| (15) | To better inform policy making it is recommended that Member States:






  (a) | continuously monitor the implementation of income support policies, particularly minimum income, and related labour market activation measures, of access to services, including through improving the availability and quality of relevant data, disaggregated by sex, age and, where available, by disability, across all levels of governance and through carrying out regular evaluations, and make adjustments to achieve the objectives of this Recommendation in the most efficient way; |
| --- | --- | --- |

(15)

(a)

continuously monitor the implementation of income support policies, particularly minimum income, and related labour market activation measures, of access to services, including through improving the availability and quality of relevant data, disaggregated by sex, age and, where available, by disability, across all levels of governance and through carrying out regular evaluations, and make adjustments to achieve the objectives of this Recommendation in the most efficient way;

| (b) | develop or enhance, while respecting data protection rules, mechanisms allowing to follow-up persons lacking sufficient resources with regards to their social inclusion or transition to employment; |
| --- | --- |

(b)

develop or enhance, while respecting data protection rules, mechanisms allowing to follow-up persons lacking sufficient resources with regards to their social inclusion or transition to employment;

| (c) | inform the Commission at regular intervals on the set of measures taken or planned to implement this Recommendation building where relevant on existing national strategies, plans or reports including those submitted under existing reporting mechanisms, such as the Open Method of Coordination, the European Semester and other relevant Union programming and reporting mechanisms; the first report should include the results and recommendations of the evaluations referred to in point (a). |
| --- | --- |

(c)

inform the Commission at regular intervals on the set of measures taken or planned to implement this Recommendation building where relevant on existing national strategies, plans or reports including those submitted under existing reporting mechanisms, such as the Open Method of Coordination, the European Semester and other relevant Union programming and reporting mechanisms; the first report should include the results and recommendations of the evaluations referred to in point (a).

| (16) | The Council welcomes the Commission’s intention to:






  (a) | continue working jointly with Member States in the Social Protection Committee on the benchmarking framework on minimum income and enhance the availability and comparability of relevant indicators and data; |
| --- | --- | --- |

(16)

(a)

continue working jointly with Member States in the Social Protection Committee on the benchmarking framework on minimum income and enhance the availability and comparability of relevant indicators and data;

| (b) | reinforce mutual learning and dissemination of results and good practices among Member States; |
| --- | --- |

(b)

reinforce mutual learning and dissemination of results and good practices among Member States;

| (c) | on the basis of the documents referred in paragraph 15, point (c) and within the Social Protection Committee, in close cooperation with the Employment Committee and the network of the Public Employment Services, regularly review progress made in implementing this Recommendation with regard to the access to inclusive labour markets, and prepare on triennial basis a joint report of the Commission and the Social Protection Committee on the progress made in implementing this Recommendation; |
| --- | --- |

(c)

on the basis of the documents referred in paragraph 15, point (c) and within the Social Protection Committee, in close cooperation with the Employment Committee and the network of the Public Employment Services, regularly review progress made in implementing this Recommendation with regard to the access to inclusive labour markets, and prepare on triennial basis a joint report of the Commission and the Social Protection Committee on the progress made in implementing this Recommendation;

| (d) | monitor progress in implementing this Recommendation in the context of the European Semester, including in cooperation with the Social Protection Committee; |
| --- | --- |

(d)

monitor progress in implementing this Recommendation in the context of the European Semester, including in cooperation with the Social Protection Committee;

| (e) | take stock of actions taken in response to this Recommendation, in particular with regard to its impact on reduction of poverty and social exclusion, increasing employment levels and improving participation in training, and report to the Council by 2030. |
| --- | --- |

(e)

take stock of actions taken in response to this Recommendation, in particular with regard to its impact on reduction of poverty and social exclusion, increasing employment levels and improving participation in training, and report to the Council by 2030.

| (17) | Recommendation 92/441/EEC is replaced by this Recommendation. |
| --- | --- |

(17)

Done at Brussels, 30 January 2023.

For the Council

The President

P. KULLGREN

---

(1)  OJ C 326, 26.10.2012, p. 391.

1

(2)  Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems (OJ L 245, 26.8.1992, p. 46).

2

(3)  Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market (OJ L 307, 18.11.2008, p. 11).

3

(4)  Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10).

4

(5)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The European Pillar of Social Rights Action Plan’ (COM(2021) 102 final).

5

(6)  European Parliament resolution of 24 October 2017 on minimum income policies as a tool for fighting poverty (2016/2270(INI)) (OJ C 346, 27.9.2018, p. 156).

6

(7)  Council Conclusions of 12 October 2020‘Strengthening Minimum Income Protection to Combat Poverty and Social Exclusion in the COVID-19 Pandemic and Beyond’.

7

(8)  European Commission, Directorate-General for Employment, Social Affairs and Inclusion, Joint Employment Report 2022, Publications Office of the European Union, 2022.

8

Joint Employment Report

(9)  Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

9

(10)  Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee (OJ L 223, 22.6.2021, p. 14).

10

(11)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

11

(12)  Council Recommendation of 30 October 2020 on A Bridge to Jobs – Reinforcing the Youth Guarantee and replacing the Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (OJ C 372, 4.11.2020, p. 1).

12

(13)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 of 3 March 2021 COM(2021) 101 final.

13

(14)  A voluntary European Quality Framework for Social Services, SPC/2010/10 final.

14

(15)  Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market (OJ C 67, 20.2.2016, p. 1).

15

(16)  Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (OJ L 231, 30.6.2021, p. 21).

16

(17)  Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions ‘Better assessing the distributional impact of Member States’ policies’ (COM(2022) 494 final).

17

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.2.2023 | EN | Official Journal of the European Union | C 41/13 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/13

---

Non-opposition to a notified concentration

(Case M.10522 – HAPAG-LLOYD / EUROGATE / EUROGATE CONTAINER TERMINAL WILHELMSHAVEN)

(Text with EEA relevance)

(2023/C 41/02)

On 29 April 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10522. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10522. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

III Preparatory acts

EUROPEAN CENTRAL BANK

| 3.2.2023 | EN | Official Journal of the European Union | C 41/14 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/14

---

OPINION OF THE EUROPEAN CENTRAL BANK

of 2 December 2022

on a proposal for a Council regulation establishing a market correction mechanism to protect citizens and the economy against excessively high prices

(CON/2022/44)

(2023/C 41/03)

Introduction and legal basis

On 25 November 2022, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council regulation establishing a market correction mechanism to protect citizens and the economy against excessively high prices (1) (hereinafter ‘the proposed regulation’).

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union since the proposed regulation contains provisions affecting the ECB, and the European System of Central Banks’ contribution to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system, as referred to in Article 127(5) of the Treaty and Article 3.3 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

General observations

The ECB takes note of the proposed regulation and its objective of establishing a temporary market correction mechanism and acknowledges the serious challenges excessively high energy prices pose for EU citizens and the Union economy.

The proposed regulation establishes a market correction mechanism for natural gas transactions in the front-month TTF derivatives market, which is activated where two conditions are both met (‘market correction event’). The proposed regulation sets out that the Union’s Agency for the Cooperation of Energy Regulators (ACER) is responsible for monitoring whether these conditions are met, and, where it observes that a market correction event has occurred, must without delay publish a notice in the Official Journal of the European Union (‘market correction notice’) and inform the European Commission, the European Securities and Markets Authority (ESMA) and the ECB of the market correction event. The proposed regulation also provides for the suspension of the market correction mechanism at any time by the Commission, if unintended market disturbances or manifest risks of such disturbances occur, negatively affecting security of supply, intra-EU flows or financial stability (‘suspension decision’).

The ECB acknowledges that mechanisms aimed at moderating extreme price levels and volatility in wholesale gas markets may, in principle, alleviate a number of risks to financial stability, including the risks exposed during periods of elevated and volatile gas prices in 2022. However, the ECB considers that the current design of the proposed market correction mechanism may, in some circumstances, jeopardise financial stability in the euro area. The mechanism’s current design may increase volatility and related margin calls, challenge central counterparties’ ability to manage financial risks, and may also incentivise migration from trading venues to the non-centrally cleared over-the-counter (OTC) market. These considerations, relevant to the stability of the financial system, should be taken into account by the Council in its deliberations on the proposed regulation.

Specific observations

1.   The role of the ECB

| 1.1. | The proposed regulation foresees several instances where the ECB is required to, or may, play a role in providing opinions, reports, monitoring and assistance to the Commission in carrying out its tasks under the proposed regulation.

  First, in respect of the activation of the market correction mechanism, where, based on the results of ACER’s monitoring, there are concrete indications that a market correction event is imminent, the Commission, in order to be able to swiftly suspend the activation of the market correction mechanism, must request an opinion from the ECB, ESMA and, where appropriate, from the European Network of Transmission System Operators for Gas (ENTSOG) and from the Gas Coordination Group established pursuant to Regulation (EU) 2017/1938 of the European Parliament and of the Council (2) on the impact of a possible market correction event on security of supply, intra-EU flows and financial stability (3).

  Second, in case of a market correction event, the Commission must, without undue delay, ask the ECB for a report on the risk of unintended disturbances for the stability and orderly functioning of energy derivative markets (4).

  Third, in respect of the suspension of the market correction mechanism, the proposal requires ESMA, the ECB, ACER, the Gas Coordination Group and ENTSOG to constantly monitor the effects of the bidding limit on markets and security of supply (5).

  Fourth, when considering whether to adopt a suspension decision, the Commission must take into account if the continued activation of the market correction mechanism affects the stability and orderly functioning of energy derivative markets, inter alia, on the basis of a report on the impact of the activation of the market correction measure by ESMA and an opinion of the ECB requested by the Commission for that purpose. The ECB’s opinion must be issued no later than 48 hours, or within the same day in urgent cases, upon a request from the Commission (6).

  Fifth, ACER, the ECB, ESMA, the Gas Coordination Group and ENTSOG are required to assist the Commission in its tasks established by the proposed regulation (7).

  Finally, before submitting a proposal to the Council for review of the conditions for the activation of the mechanism, the Commission should consult the ECB (8). |
| --- | --- |

1.1.

First, in respect of the activation of the market correction mechanism, where, based on the results of ACER’s monitoring, there are concrete indications that a market correction event is imminent, the Commission, in order to be able to swiftly suspend the activation of the market correction mechanism, must request an opinion from the ECB, ESMA and, where appropriate, from the European Network of Transmission System Operators for Gas (ENTSOG) and from the Gas Coordination Group established pursuant to Regulation (EU) 2017/1938 of the European Parliament and of the Council (2) on the impact of a possible market correction event on security of supply, intra-EU flows and financial stability (3).

Second, in case of a market correction event, the Commission must, without undue delay, ask the ECB for a report on the risk of unintended disturbances for the stability and orderly functioning of energy derivative markets (4).

Third, in respect of the suspension of the market correction mechanism, the proposal requires ESMA, the ECB, ACER, the Gas Coordination Group and ENTSOG to constantly monitor the effects of the bidding limit on markets and security of supply (5).

Fourth, when considering whether to adopt a suspension decision, the Commission must take into account if the continued activation of the market correction mechanism affects the stability and orderly functioning of energy derivative markets, inter alia, on the basis of a report on the impact of the activation of the market correction measure by ESMA and an opinion of the ECB requested by the Commission for that purpose. The ECB’s opinion must be issued no later than 48 hours, or within the same day in urgent cases, upon a request from the Commission (6).

Fifth, ACER, the ECB, ESMA, the Gas Coordination Group and ENTSOG are required to assist the Commission in its tasks established by the proposed regulation (7).

Finally, before submitting a proposal to the Council for review of the conditions for the activation of the mechanism, the Commission should consult the ECB (8).

| 1.2. | The ECB recalls that, pursuant to Article 127(5) TFEU and Article 3.3 of the Statute of the ESCB, the ESCB is required to contribute to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system. Moreover, pursuant to Article 25.1 of the Statute of the ESCB, the ECB may offer advice to, and be consulted by, the Council, the Commission and the competent authorities of the Member States on the scope and implementation of Union legislation relating to the prudential supervision of credit institutions and to the stability of the financial system. In that context, and in accordance with the principle of mutual sincere cooperation pursuant to Article 13(2) TEU, the ECB stands ready, within the limits of the powers conferred on it in the Treaties, to support the Commission in the exercise of its tasks established by the proposed regulation. The ECB is also aware of the importance and difficulty of the subject matter of the proposed regulation and the potential effects on the financial markets. |
| --- | --- |

1.2.

| 1.3. | However, the ECB considers that the references to the role of the ECB in providing opinions, reports, monitoring and assistance to the Commission in carrying out its tasks under the proposed regulation should be further clarified to accurately reflect the ECB’s tasks and independence under the Treaties and the clear allocation of technical expertise and responsibilities under Union law (9). First, such clarification is necessary to ensure that the proposed regulation, to be adopted with Article 122(1) TFEU as its legal basis, does not confer new tasks on the ECB. The conferral of new tasks or responsibilities on the ECB can only take place in those specific and limited instances enumerated under the Treaties, for example pursuant to Article 127(6) TFEU, and subject to the limits set out in those provisions (10). Second, such clarification is necessary to reflect the roles prescribed for other authorities and bodies under Union law, which may be more relevant for the subject matter of the proposed regulation. For example, ESMA is responsible, inter alia, for contributing to the integrity, transparency, efficiency and orderly functioning of financial markets (11). Third, clarifying the ECB’s role under the proposed regulation would avoid an overly formalistic involvement of the ECB and would better facilitate effective cooperation within tight timeframes. Finally, such clarification is more in line with the task conferred on the ESCB pursuant to Article 127(5) TFEU and Article 3.3 of the Statute of the ESCB to contribute to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system.
  Where the ECB recommends that the proposed regulation is amended, specific drafting proposals are set out in a separate technical working document, accompanied by an explanatory text to this effect. The technical working document is available in English on EUR-Lex. |
| --- | --- |

1.3.

Where the ECB recommends that the proposed regulation is amended, specific drafting proposals are set out in a separate technical working document, accompanied by an explanatory text to this effect. The technical working document is available in English on EUR-Lex.

Done at Frankfurt am Main, 2 December 2022.

The President of the ECB

Christine LAGARDE

---

(1)  COM (2022) 668 final.

1

(2)  Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (OJ L 280, 28.10.2017, p. 1).

2

(3)  Article 3(3) of the proposed regulation.

3

(4)  Article 3(8) of the proposed regulation.

4

(5)  Article 5(1) of the proposed regulation.

5

(6)  Article 5(2)(d) and Article 5(4) of the proposed regulation.

6

(7)  Article 5(4) of the proposed regulation.

7

(8)  Article 5(6) of the proposed regulation.

8

(9)  See paragraph 1 of Opinion CON/2018/20 of the European Central Bank of 11 April 2018 on a proposal for a regulation on the establishment of the European Monetary Fund (OJ C 220, 25.6.2018, p. 2). All ECB opinions are available on EUR-Lex.

9

(10)  See paragraph 3.1 of Opinion CON/2016/11 of the European Central Bank of 11 March 2016 on (a) a proposal for a regulation laying down common rules on securitisation and creating a European framework for simple, transparent and standardised securitisation; and (b) a proposal for a regulation amending Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms (OJ C 219, 17.6.2016, p. 2); see the general observations of Opinion CON/2017/39 of the European Central Bank of 4 October 2017 on a proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority) and amending Regulation (EU) No 648/2012 as regards the procedures and authorities involved for the authorisation of CCPs and requirements for the recognition of third-country CCPs (OJ C 385, 15.11.2017, p. 3); see paragraph 2 of Opinion CON/2020/22 of the European Central Bank of 23 September 2020 on proposals for regulations amending the Union securitisation framework in response to the COVID-19 pandemic (OJ C 377, 9.11.2020, p. 1); and Recommendation ECB/2017/18 for a Decision of the European Parliament and of the Council amending Article 22 of the Statute of the European System of Central Banks and of the European Central Bank (OJ C 212, 1.7.2017, p. 14).

10

(11)  See Article 1(5)(b) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

11

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.2.2023 | EN | Official Journal of the European Union | C 41/17 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/17

---

Euro exchange rates (1)

2 February 2023

(2023/C 41/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0988 |
| JPY | Japanese yen | 141,12 |
| DKK | Danish krone | 7,4393 |
| GBP | Pound sterling | 0,89289 |
| SEK | Swedish krona | 11,3587 |
| CHF | Swiss franc | 0,9992 |
| ISK | Iceland króna | 153,50 |
| NOK | Norwegian krone | 10,9535 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 23,809 |
| HUF | Hungarian forint | 387,20 |
| PLN | Polish zloty | 4,7015 |
| RON | Romanian leu | 4,9025 |
| TRY | Turkish lira | 20,6766 |
| AUD | Australian dollar | 1,5407 |
| CAD | Canadian dollar | 1,4602 |
| HKD | Hong Kong dollar | 8,6183 |
| NZD | New Zealand dollar | 1,6855 |
| SGD | Singapore dollar | 1,4352 |
| KRW | South Korean won | 1 345,90 |
| ZAR | South African rand | 18,7046 |
| CNY | Chinese yuan renminbi | 7,3878 |
| IDR | Indonesian rupiah | 16 360,69 |
| MYR | Malaysian ringgit | 4,6655 |
| PHP | Philippine peso | 59,170 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,030 |
| BRL | Brazilian real | 5,4859 |
| MXN | Mexican peso | 20,4050 |
| INR | Indian rupee | 90,3015 |

Currency

Exchange rate

USD

US dollar

1,0988

JPY

Japanese yen

141,12

DKK

Danish krone

7,4393

GBP

Pound sterling

0,89289

SEK

Swedish krona

11,3587

CHF

Swiss franc

0,9992

ISK

Iceland króna

153,50

NOK

Norwegian krone

10,9535

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

23,809

HUF

Hungarian forint

387,20

PLN

Polish zloty

4,7015

RON

Romanian leu

4,9025

TRY

Turkish lira

20,6766

AUD

Australian dollar

1,5407

CAD

Canadian dollar

1,4602

HKD

Hong Kong dollar

8,6183

NZD

New Zealand dollar

1,6855

SGD

Singapore dollar

1,4352

KRW

South Korean won

1 345,90

ZAR

South African rand

18,7046

CNY

Chinese yuan renminbi

7,3878

IDR

Indonesian rupiah

16 360,69

MYR

Malaysian ringgit

4,6655

PHP

Philippine peso

59,170

RUB

Russian rouble

THB

Thai baht

36,030

BRL

Brazilian real

5,4859

MXN

Mexican peso

20,4050

INR

Indian rupee

90,3015

---

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

---

Court of Auditors

| 3.2.2023 | EN | Official Journal of the European Union | C 41/18 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/18

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Special report 02/2023:

‘Adapting cohesion policy rules to respond to COVID-19 – Funds used more flexibly, but reflection needed on cohesion policy as a crisis response tool’

(2023/C 41/05)

The European Court of Auditors has published its special report 02/2023: ‘Adapting cohesion policy rules to respond to COVID-19 – Funds used more flexibly, but reflection needed on cohesion policy as a crisis response tool’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=63210

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NOTICES FROM MEMBER STATES

| 3.2.2023 | EN | Official Journal of the European Union | C 41/19 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/19

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Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (‘Official Gazette’, No. 18/18 and 23/20)

(2023/C 41/06)

Public call for tenders for selection of gas supplier under the public service obligation for the distribution area of the distribution system operator IVAPLIN d.o.o. for gas distribution and supply, Ulica Krešimira IV 10, Ivanić Grad, has been published on April 11, 2022.

The accompanying documentation for the public call for tenders for selection of gas supplier under the public service obligation for the distribution area of the distribution system operator IVAPLIN d.o.o. for gas distribution and supply, Ulica Krešimira IV 10, Ivanić Grad, has been published on the official website of the Croatian Energy Regulatory Agency (www.hera.hr).

---

| 3.2.2023 | EN | Official Journal of the European Union | C 41/20 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/20

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Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier under the public service obligation, to be published pursuant to Articles 61 and 62 of the Gas Market Act (‘Official Gazette’, No. 18/18 and 23/20).

(2023/C 41/07)

Public call for tenders for selection of gas supplier under the public service obligation for the distribution area of the distribution system operator Brod-plin d.o.o. for construction and maintenance of the gas network, gas distribution and supply, thermal energy production, distribution and supply, Trg pobjede 5, Slavonski Brod, has been published on April 11, 2022.

The accompanying documentation for the public call for tenders for selection of gas supplier under the public service obligation for the distribution area of the distribution system operator Brod-plin d.o.o. for construction and maintenance of the gas network, gas distribution and supply, thermal energy production, distribution and supply, Trg pobjede 5, Slavonski Brod, has been published on the official website of the Croatian Energy Regulatory Agency (www.hera.hr).

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 3.2.2023 | EN | Official Journal of the European Union | C 41/21 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/21

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Prior notification of a concentration

(Case M.10973 – VODAFONE GROUP / ALTICE LUXEMBOURG / FIBRECO)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 41/08)

1.

This notification concerns the following undertakings:

| — | Vodafone Group Plc (‘Vodafone’, UK), |
| --- | --- |

—

Vodafone Group Plc (‘Vodafone’, UK),

| — | Altice Luxembourg S.A. (‘Altice’, Luxembourg), ultimately controlled by Mr Patrick Drahi. |
| --- | --- |

—

Altice Luxembourg S.A. (‘Altice’, Luxembourg), ultimately controlled by Mr Patrick Drahi.

Vodafone and Altice will establish and operate a joint-venture (‘FibreCo’, Germany) in which they will acquire joint control within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation.

The concentration is accomplished by way of purchase of shares.

2.

| — | Vodafone is the holding company of a group primarily involved in the operation of mobile telecommunications networks and the provision of mobile telecommunications services, such as mobile voice, messaging and data services in ten Member States within the European Union, including Germany, |
| --- | --- |

—

Vodafone is the holding company of a group primarily involved in the operation of mobile telecommunications networks and the provision of mobile telecommunications services, such as mobile voice, messaging and data services in ten Member States within the European Union, including Germany,

| — | Altice is a multinational convergent group specialising in telecommunications, content, media, entertainment and advertising and connecting customers via fibre network and mobile broadband, |
| --- | --- |

—

Altice is a multinational convergent group specialising in telecommunications, content, media, entertainment and advertising and connecting customers via fibre network and mobile broadband,

| — | FiberCo will be active in Germany (i) the roll-out and operation of fibre telecommunication networks (primarily focussed on the same geographic area (i.e. mainly urban) as Vodafone’s current coax cable network), and (ii) the offering of wholesale access on an open access and non-discriminatory basis based on such fibre networks. |
| --- | --- |

—

FiberCo will be active in Germany (i) the roll-out and operation of fibre telecommunication networks (primarily focussed on the same geographic area (i.e. mainly urban) as Vodafone’s current coax cable network), and (ii) the offering of wholesale access on an open access and non-discriminatory basis based on such fibre networks.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10973 – VODAFONE GROUP / ALTICE LUXEMBOURG / FIBRECO

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 3.2.2023 | EN | Official Journal of the European Union | C 41/23 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/23

---

Prior notification of a concentration

(Case M.11009 – PON.BIKE / VWFS / GLINICKE / DML)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 41/09)

1.

This notification concerns the following undertakings:

| — | Pon Holdings B.V. (‘PON’, Netherlands), |
| --- | --- |

—

Pon Holdings B.V. (‘PON’, Netherlands),

| — | Volkswagen Financial Services Aktiengesellschaft (‘VWFS’, Germany), |
| --- | --- |

—

Volkswagen Financial Services Aktiengesellschaft (‘VWFS’, Germany),

| — | Glinicke Finanz Holding GmbH & Co. KG (‘Glinicke’, Germany), |
| --- | --- |

—

Glinicke Finanz Holding GmbH & Co. KG (‘Glinicke’, Germany),

| — | Digital Mobility Leasing GmbH (‘DML’, Germany). |
| --- | --- |

—

Digital Mobility Leasing GmbH (‘DML’, Germany).

PON, VWFS and Glinicke will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of DML.

The concentration is accomplished by way of purchase of securities.

2.

| — | For PON, the long term investment in a range of segments relating to mobility, such as passenger and commercial vehicles and bicycles to road construction and earthmoving machines, generators and total solutions for the shipping industry, |
| --- | --- |

—

For PON, the long term investment in a range of segments relating to mobility, such as passenger and commercial vehicles and bicycles to road construction and earthmoving machines, generators and total solutions for the shipping industry,

| — | For VWFS, the development, manufacture, marketing and sale of passenger cars and other vehicles, including spare parts and accessories. Volkswagen also engages in vehicle distribution. Further, Volkswagen's financing activities relate to dealer and customer financing, leasing, direct banking and insurance activities, |
| --- | --- |

—

For VWFS, the development, manufacture, marketing and sale of passenger cars and other vehicles, including spare parts and accessories. Volkswagen also engages in vehicle distribution. Further, Volkswagen's financing activities relate to dealer and customer financing, leasing, direct banking and insurance activities,

| — | For Glinicke, multi-brand motor vehicle dealer activities throughout Germany, in addition to associated ancillary services such as car rental, recovery services and fleet rental, |
| --- | --- |

—

For Glinicke, multi-brand motor vehicle dealer activities throughout Germany, in addition to associated ancillary services such as car rental, recovery services and fleet rental,

| — | For DML, activities related to leasing solutions, primarily in the e-bike segment, for the self-employed, tradespeople and medium-sized companies from almost all industries. |
| --- | --- |

—

For DML, activities related to leasing solutions, primarily in the e-bike segment, for the self-employed, tradespeople and medium-sized companies from almost all industries.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.11009 – PON.BIKE / VWFS / GLINICKE / DML

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 3.2.2023 | EN | Official Journal of the European Union | C 41/25 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/25

---

Prior notification of a concentration

(Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 41/10)

1.

This notification concerns the following undertakings:

| — | Compagnia Siderurgica Italiana S.r.l. (‘CSI’, Italy), controlled by Pittini family, |
| --- | --- |

—

Compagnia Siderurgica Italiana S.r.l. (‘CSI’, Italy), controlled by Pittini family,

| — | STEELAG Deutschland GmbH (‘SDE’, Germany), controlled by Mr Günther Alphei. |
| --- | --- |

—

STEELAG Deutschland GmbH (‘SDE’, Germany), controlled by Mr Günther Alphei.

CSI will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of SDE.

The concentration is accomplished by way of purchase of shares.

2.

| — | CSI is active in the production of carbon steel products (starting from scrap to produce crude steel) and in the marketing of finished products and derivative products, mainly intended for the construction industry (and, to a lesser extent, for the mechanical industry), |
| --- | --- |

—

CSI is active in the production of carbon steel products (starting from scrap to produce crude steel) and in the marketing of finished products and derivative products, mainly intended for the construction industry (and, to a lesser extent, for the mechanical industry),

| — | SDE is active in the production of electro-welded meshes and cold drawn wire products. |
| --- | --- |

—

SDE is active in the production of electro-welded meshes and cold drawn wire products.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND

Observations can be sent to the Commission by email or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 3.2.2023 | EN | Official Journal of the European Union | C 41/26 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/26

---

Prior notification of a concentration

(Case M.11010 – INEOS / SINOPEC / ETHYLENE JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 41/11)

1.

This notification concerns the following undertakings:

| — | INEOS AG (‘INEOS’, Switzerland), |
| --- | --- |

—

INEOS AG (‘INEOS’, Switzerland),

| — | China Petroleum and Chemical Corporation (‘Sinopec’, China), state owned enterprise, |
| --- | --- |

—

China Petroleum and Chemical Corporation (‘Sinopec’, China), state owned enterprise,

| — | INEOS Sinopec Tianjin Petrochemicals Limited (‘Ethylene JV’, China), newly created joint venture, controlled by INEOS and Sinopec. |
| --- | --- |

—

INEOS Sinopec Tianjin Petrochemicals Limited (‘Ethylene JV’, China), newly created joint venture, controlled by INEOS and Sinopec.

INEOS and Sinopec will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the Ethylene JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | INEOS is a privately owned conglomerate that produces a range of chemicals including petrochemicals, specialty chemicals and oil products, |
| --- | --- |

—

INEOS is a privately owned conglomerate that produces a range of chemicals including petrochemicals, specialty chemicals and oil products,

| — | Sinopec is a petroleum and petrochemical group headquartered in Beijing. |
| --- | --- |

—

Sinopec is a petroleum and petrochemical group headquartered in Beijing.

3.

The business activities of the Ethylene JV will be the development, construction and operation of an ethylene plant and associated derivatives in the People’s Republic of China.

4.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

5.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.11010 – INEOS / SINOPEC / ETHYLENE JV

Observations can be sent to the Commission by email or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

OTHER ACTS

European Commission

| 3.2.2023 | EN | Official Journal of the European Union | C 41/28 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/28

---

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2023/C 41/12)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘NUECES DE NERPIO’

EU No: PDO-ES-02786 – 16.7.2021

PDO (X) PGI ( )

1.   Name

‘Nueces de Nerpio’

2.   Member State or Third Country

Spain

3.   Description of the agricultural product or foodstuff

3.1.   
  Type of product

Class 1.6. Fruit, vegetables and cereals fresh or processed

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

Dried walnuts, presented whole in the shell, as whole kernels, half-kernels or ground, from healthy fruit with the outer husks removed, obtained from a variety of local walnut tree native to Nerpio and from other varieties (cultivars) adapted to the production area, all belonging to the species Juglans regia L.

Authorised varieties:

Main variety: The local variety, the ‘native Nerpio walnut tree’, results from seed selections by Nerpio producers since the 16th century. This has produced an ungrafted ecotype of walnut tree perfectly adapted to the valley of the River Taibilla. The groves of hundred-year old native walnut trees constitute unique landscape and plant genetic heritage in the Nerpio area. This ecotype represents at least 80 % of all the trees of this species in the production area.

Secondary varieties (cultivars): Franquette, Chandler, Pedro and Fernor, varieties cultivated in Nerpio since the 1990s, adapted to local conditions. These secondary varieties must be grafted onto the ungrafted trunks of the local variety, the ‘native Nerpio walnut tree’. This stock offers the secondary varieties greater vigour, adaptation to limestone soils and resistance to soil diseases and root suffocation. These factors help the secondary varieties to acclimatise to the production area.

Characteristics of the kernel or seed

| — | The membrane surrounding the kernel or seed is slightly darker: beige-bronze-chestnut. This is connected with its high concentration of tannins and, as such, its greater antioxidant and organoleptic properties. |
| --- | --- |

—

The membrane surrounding the kernel or seed is slightly darker: beige-bronze-chestnut. This is connected with its high concentration of tannins and, as such, its greater antioxidant and organoleptic properties.

| — | It has considerable chemical stability making it resistant to rancidity (shelf life of over a year, traditional storage conditions established for the PDO). |
| --- | --- |

—

It has considerable chemical stability making it resistant to rancidity (shelf life of over a year, traditional storage conditions established for the PDO).

| — | Slightly bitter taste and astringent sensation due to high tannin levels. |
| --- | --- |

—

Slightly bitter taste and astringent sensation due to high tannin levels.

| — | High levels of natural antioxidants, mainly tannins derived from gallic and ellagic acids. Using the evaluation method of anti-radical capacity against DPPH, expressed as Trolox equivalent antioxidant capacity (TEAC), the antioxidant activity of Nerpio walnuts is ≥ 110 μmol Trolox/g of walnuts (± 10 %). This is far higher than for other walnuts on the market. |
| --- | --- |

—

High levels of natural antioxidants, mainly tannins derived from gallic and ellagic acids. Using the evaluation method of anti-radical capacity against DPPH, expressed as Trolox equivalent antioxidant capacity (TEAC), the antioxidant activity of Nerpio walnuts is ≥ 110 μmol Trolox/g of walnuts (± 10 %). This is far higher than for other walnuts on the market.

Product types

The walnuts can be presented:

| — | ‘Whole’ in the shell |
| --- | --- |

—

‘Whole’ in the shell

| — | ‘Whole Kernels’ or seed |
| --- | --- |

—

‘Whole Kernels’ or seed

| — | ‘Halves’ or half kernels |
| --- | --- |

—

‘Halves’ or half kernels

| — | ‘Ground’ or ground kernels |
| --- | --- |

—

‘Ground’ or ground kernels

The ‘Whole’ and ‘Whole Kernel’ walnuts must comply with the minimum quality requirements for the classes ‘Extra’ and ‘Class I’, as defined in the international standards concerning the marketing of Inshell Walnuts (UNECE standard DDP-01) and concerning the marketing of walnut kernels (UNECE standard DDP-02).

The minimum size of the ‘Whole’ walnuts is 28 mm. The ‘Whole Kernel’ walnuts must be larger than an 8 mm mesh.

In all classes and forms, at the time of packaging, the ‘Whole’ walnuts must have a moisture content below 7 %. For the ‘Whole Kernel’, ‘Halves’ and ‘Ground’ walnuts, the maximum moisture content is 5 %.

3.3.   
  Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4.   
  Specific steps in production that must take place in the identified geographical area

Growing, harvesting, drying, and preparation of the fruit must take place within the production area.

3.5.   
  Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

For walnuts presented as ‘Halves’, the size of the kernel shall be between 3 mm and 8 mm. Deviations greater than 10 %, not corresponding in weight, shall not be permitted. For ‘Ground’ walnuts, there shall be no size limit, other than below 3 mm. A maximum deviation of 10 % in weight shall be permitted.

There is a maximum limit of 25 kg for the packaging of ‘Whole’ walnuts. For the ‘Whole Kernel’, ‘Halves’ and ‘Ground’ walnuts, the maximum is 15 kg.

Storage, classification and packaging must occur in the same place, always within the production area. Repackaging is prohibited. The reasoning behind packaging at source is based on ensuring the natural environmental conditions in which the ‘Nueces de Nerpio’ are handled and preserved. There must be no draughts, the humidity must be no more than 75 %, and the temperature no higher than 20 °C. These conditions are guaranteed in Nerpio, and are essential for preserving the high tannin contents that characterise the walnuts and also slow down the process of rancidity.

3.6.   
  Specific rules concerning labelling of the product the registered name refers to

An indication of the designation of origin ‘Nueces de Nerpio’ and/or the logo of the PDO ‘Nueces de Nerpio’ must appear very clearly on the labels and commercial packaging used for these walnuts.

Image 1

The packaging in which the walnuts are dispatched for consumption shall bear numbered labels that cannot be re-used.

The walnuts can only be placed on the market with the branding of the registered handling and packaging plants belonging to the production area.

As part of the optional labelling, the indication ‘De nogales centenarios’ [From 100-year old walnut trees] shall be used for walnuts from trees that are over 100 years old. Additionally, for walnuts from trees with an official environmental protection listing, either national or EU-based, the indication ‘De nogales singulares’ [From distinguished walnut trees] shall be accompanied by the name of the listed walnut tree.

When the product is placed on the market, the descriptors of the different forms shall be used: ‘Whole’, ‘Whole Kernel’, ‘Halves’ and ‘Ground’.

4.   Concise definition of the geographical area

The traditional area for the production, handling and packaging of ‘Nueces de Nerpio’ comprises the natural geographical area around the drainage basin of the River Taibilla and its tributaries, demarcated at a minimum altitude of 900 m, covering the following territories.

Autonomous Community of Castile-La Mancha:

From the municipality of Nerpio, all of the cadastral polygons and/or parcels situated at over 900 m.

From the municipalities of Yeste and Letur, all of the cadastral polygons and/or parcels situated at over 900 m and which belong to the drainage basin of the River Taibilla.

Autonomous Community of Murcia:

From the municipality of Moratalla, all the cadastral polygons and/or parcels situated at over 900 m and which belong to the drainage basin of the River Taibilla.

5.   Link with the geographical area

The ‘Nueces de Nerpio’ PDO is based on the specific characteristics of the primary material, which are closely linked to the geographical origin through natural and human factors.

Specificity of the geographical area

The production area, the basin of the Taibilla Valley, is part of the southern area of the Sierra de Segura mountain range, the geological intersection of the Prebaetic and Subbaetic regions of south-east Spain. The surrounding area is mountainous, formed of limestone and dolomite ranges all at altitudes of around 2000 [m]. The production area of the ‘Nuez de Nerpio’ is situated in the middle, formed of system of small intermountain valleys at an altitude of over 900 m. The River Taibilla, the main tributary of the Segura, flows through the area. This medium-high mountain area of limestone and dolomite rocks forms a typical agroforestry environment in which the native Nerpio walnut has found its natural ecological niche, perfectly adapted as a result of successive selection by Nerpio farmers since the 16th century. The area is of significant environmental value and belongs to the Natura 2000 network.

The climate is typical of a medium-high mountain area. In general terms, it can be classed as warm continental/Mediterranean, Csb according to the Köppen climate classification system. Average temperatures are between 10 oC and 15 oC (1981-2010). There is significant seasonal temperature variation, with an absolute maximum of 45,7 oC and absolute minimum of -15,7 oC, and also diurnal variation, up to 22 oC in spring and autumn. These variations are fostered by the temperature inversions in the Taibilla Valley, resulting in specific crop-growing conditions. In addition, rainfall is moderate, between 400 and 600 mm, with a significant decrease moving eastwards, a consequence of the desertification of south-east Spain. Evapotranspiration is high, between 600 and 800 mm depending on the altitude.

Ambient humidity is low, with an annual average of 65 %. In general, the walnut trees are well protected from the winds, thanks to their location in the intermountain valleys.

The soils in which the walnut trees are grown are limestone-marl and dolomite in character, formed on fluvial deposits of the Quaternary period and terraces from the sub-basin of the River Taibilla. The soil texture varies but is mainly loam and clay-loam. The pH is very high, between 8,0 and 8,5, as a consequence of very high levels of calcium carbonate of up to 50 %. The levels of organic matter in these soils are very high, over 2 % and, in some cases, reaching as much as 4 % in the top 20 cm layer. They are very fertile and balanced soils for the walnut trees.

The quality of the water in the drainage basin of the Taibilla Valley is good, C2-S1 to C3-S1, according to the classification of the University of California, Riverside. The waters are carbonated and alkaline, pH 7,9 to 8,4, due to the nature of the bedrock.

The landscape of Nerpio and the Taibilla Valley has been shaped by the cultivation of walnut trees since time immemorial. The terraces of Arabic origin, dating back hundreds of years to the 12th and 13th centuries, are a notable feature, allowing flood irrigation over such steep terrain. A dense network of ancient ditches criss-crosses the land, channelling the waters of the River Taibilla and its tributaries, along with isolated springs. The terraces are laid out alongside ancient stone walls which provide support to the hillsides and acequias (ancient irrigation channels). This traditional cultivation practice, and the presence of the old walnut trees, represent the fundamental elements of the landscape and crop-tending heritage of Nerpio and the Taibilla Valley, forming an eco-environment for cultivating the native walnut tree, unique to Spain. It is an ancient environment landscaped into terraces.

Characteristic properties

The kernel or seed of the Nerpio walnut has a high tannin content, mainly resulting from gallic and ellagic acids, giving the product specific characteristics. In terms of rancidity, it is very stable, with a shelf life of over a year. It has a slightly bitter taste with an astringent sensation. The skin is a slightly darker colour: beige-bronze-chestnut. The high tannin levels mean a high Trolox equivalent antioxidant capacity (TEAC ≥ 110 ± 10 % μmol Trolox/g of walnuts). A scientific publication from the Institute of Fats and Oils of Seville (CSIC) [Higher Council for Scientific Research] demonstrates the superior antioxidant properties of Nerpio walnuts in relation to other commercial varieties: ‘Nutritional composition and antioxidant activity of different walnut varieties (Junglans regia L.) from Nerpio (Spain) in comparison to commercial varieties (I. Viera-Alcaide, et al. Grasas y Aceites 70 (3) July-Sept. 2019.)’.

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 Nerpio walnut has some unique physical, chemical and organoleptic characteristics. It is considered an eco-type originating from Nerpio, with specific characteristics that are difficult to reproduce outside the production area.

The differentiating characteristics of Nerpio walnuts include the dark kernel skin, long shelf-life and resistance to rancidity, slightly bitter taste and astringent sensation. These characteristics are linked to their high tannin content, as well as their high antioxidant capacity (TEAC ≥ 110 μmol Trolox/g of walnuts), far higher than other walnuts on the market. These characteristics are also directly related to natural and human factors: selection of plant material, specific agricultural and climate conditions for cultivation, along with natural drying and storage of the walnuts.

1)   
  Varietal selection of native walnut trees

The work of selecting the walnut trees in Nerpio dates back to the 16th century, as attested by the ‘Plantón del Covacho’, an ancient Nerpio walnut tree dating back some 600 years. The native varieties of Nerpio are characterised by their darker pigmentation and a more intense flavour than commercial walnuts. This is a result of the direct influence of the walnut growers of Nerpio who, over centuries, have selected walnuts which have greater flavour and which are slightly bitter and astringent, and darker.

2)   
  Specific agricultural and climate conditions of cultivation

Soil conditions: The native Nerpio varieties are perfectly adapted to the highly calcareous conditions of the soils in the Taibilla Valley, with a pH of between 8 and 8,5 and over 50 % calcium carbonate. These calcareous conditions block the take-up of phosphorus from the soil. As a result, the walnuts are deficient in this mineral, leading to greater violet pigmentation of the leaves and fruits, associated with higher levels of anthocyanins and other phenolic compounds such as flavonols, flavonoids and tannins.

Climate conditions: The Mediterranean conditions of Nerpio are typical of the south-eastern Iberian Peninsula, with high levels of sunshine, high temperatures, low rainfall and high ETP, up to 800 mm. Such conditions result in water stress for the walnut trees during summer, triggering synthesis of the tannins deriving from gallic and ellagic acids. As a consequence, the pigmentation of the kernel skin darkens. The significant diurnal temperature variations of the Taibilla Valley, over 22 oC, facilitated by the temperature inversions in the valley, contribute to increasing the tannins in the walnuts in the final stage of ripening.

3)   
  Specific natural drying and storage conditions for walnuts in Nerpio

The cold and dry climate of autumn and winter accelerates the process of dehydration (drying) of the walnuts. Other factors include harvesting at the optimum point of ripening; traditional natural driers; and also the good storage conditions at moderate, and constant, temperatures below 20 oC, and the low humidity, below 75 oC. Prior to the walnuts being placed on the market, these factors provide the best storage conditions for the walnuts and preserve their antioxidants (tannins), thereby slowing down the process of rancidity. Procedures involving washing and/or forced drying are not compatible with the PDO ‘Nueces de Nerpio’.

Reference to publication of the product specification

https://www.mapa.gob.es/es/alimentacion/temas/calidad-diferenciada/dop-igp/htm/DOP_Nueces_de_Nerpio_SolicitudRegistro%20.aspx

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(1)  OJ L 343, 14.12.2012, p. 1.

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| 3.2.2023 | EN | Official Journal of the European Union | C 41/33 |
| --- | --- | --- | --- |

3.2.2023

EN

Official Journal of the European Union

C 41/33

---

Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2023/C 41/13)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF PROTECTED DESIGNATIONS OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATIONS WHICH IS NOT MINOR

Application for approval of an amendment in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘Pesca e Nettarina di Romagna’

EU No: PGI-IT-1535-AM02 – 15.9.2020

PDO ( ) PGI (X)

1.   Applicant group and legitimate interest

| Consorzio di Tutela Pesca e Nettarina di Romagna I.G.P. [Pesca e Nettarina di Romagna PGI Protection Association] |
| --- |
| Via Béla Bartók 29/G |
| 44124 – Ferrara |

Consorzio di Tutela Pesca e Nettarina di Romagna I.G.P. [Pesca e Nettarina di Romagna PGI Protection Association]

Via Béla Bartók 29/G

44124 – Ferrara

Tel. +39 0532904511

Fax +39 0532904521

Certified e-mail: consorziopesca@registerpec.it

The Consorzio di Tutela Pesca e Nettarina di Romagna I.G.P. is entitled to submit an amendment application pursuant to Article 13(1) of Ministry of Agricultural, Food and Forestry Policy Decree No 12511 of 14 October 2013.

2.   Member State or Third Country

Italy

3.   Heading in the product specification affected by the amendment(s)

| ☐ | Name of product |
| --- | --- |

☐

Name of product

| ☒ | Description of product |
| --- | --- |

☒

Description of product

| ☒ | Geographical area |
| --- | --- |

☒

Geographical area

| ☒ | Proof of origin |
| --- | --- |

☒

Proof of origin

| ☒ | Method of production |
| --- | --- |

☒

Method of production

| ☒ | Link |
| --- | --- |

☒

Link

| ☒ | Labelling |
| --- | --- |

☒

Labelling

| ☒ | Other [Checks; Order and titles of the articles] |
| --- | --- |

☒

Other [Checks; Order and titles of the articles]

4.   Type of amendment(s)

| ☒ | Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |
| --- | --- |

☒

Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

| ☐ | Amendment to product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |
| --- | --- |

☐

Amendment to product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

5.   Amendment(S)

Description of product

The following list of varieties in Article 2(1) of the specification:

‘“Pesca di Romagna”

Yellow-fleshed varieties: Maycrest, Spring Lady, Sprinbelle, Springcrest, Suncrest, Royal Glory, Royal Gem, Dixired, Flavorcrest, Glohaven, Merril Gem Free 1, Redhaven, Royal Majestic, Royal Time, Rich Lady, Maria Marta, Summer Rich, Grenat, Elegant Lady, Fayette, Royal Summer, Royal Lee, Royal Pride, Romestar, Symphonie, Mercil (or O’Henry), Zainori (or Kaweat);

White-fleshed varieties: Iris Rosso, Maria Bianca, Tendresse (or Joulie), Duchessa d’Este, Rossa di San Carlo, Zaidaso (or Kewina).’

and

‘“Nettarina di Romagna”

Yellow-fleshed varieties: Early Sungrand, Maygrand, Laura, Ambra, Maillara (or Big Ben), Nectaprima, Noracila, Flavortop, Indipendence, Maria Emilia, Maria Laura, Spring Red, Weimberger, Big Top (or Zaitabo), Guerriera, Alitop, Honey Blaze, Romagna Big, Fantasia, Maria Aurelia, Nectaross, Stark Red Gold, Venus, Sweet Red, Sweet Lady, Morsiani 90, Honey Royal, Honety Glo’, Romagna Gold;

White-fleshed varieties: Silver King, Caldesi 2000, Nectarmagie, Silver Giant, Maillarmagic, Necta Perle, Romagna 3000, Romagna Red.’

has been amended as follows:

‘Peach:

Early yellow-fleshed varieties:

Bordò, Coraline (or Monco), Crimson Lady, Dixired, Flavorcrest, Maycrest, Merril Gem Free 1, Rich May, Royal Gem, Royal Glory, Royal Majestic, Royal Time, Ruby Rich, Sagittaria, Spring Lady, Sprinbelle, Springcrest, Sugar Time;

Medium-late yellow-fleshed varieties:

Azurite, Corindon, Diamond Princess, Elegant Lady, Fayette, Glohaven, Grenat, Maria Marta, Mercil (or O’Henry), Plusplus, Redhaven, Rich Lady, Rome Star, Royal Estate, Royal Jim, Royal Lee, Royal Pride, Royal Summer, Royal Sweet, Summer Rich, Suncrest, Sweet Dream, Sweet Henry, Symphonie, Vista Rich, Zainori (or Kaweah), Zee Lady;

Early white-fleshed varieties:

Greta, Iris Rosso, Monsolle, Patty;

Medium-late white-fleshed varieties:

Duchessa d’Este, Ivory Sun, Maria Bianca, Maura, Regalsnow (or Maperla), Rosa del West, Rossa di San Carlo, Star Princess, Snow Lady, Tendresse (or Joulie), Zaidaso (or Kewina).

Nectarine:

Early yellow-fleshed varieties:

Alice, Ambra, Ara, Big Haven, Carene, Early Sungrand, Extreme Beauty, Gartairo, Garofa, Laura, Maillara (or Big Bang), Maria Emilia, Maygrand, Nectaprima, Noracila, Rebus 028, Weimberger;

Medium-late yellow-fleshed varieties:

Alma, Alma 2, Alexa, Amiga, Alitop, August Red, Big Top (or Zaitabo), Diamond Ray, Dorabelle, Doracile, Dulcis, Dulciva, Early Zee, Fairlane, Fantasia, Febe, Flavortop, Gea, Guerriera, Honey Blaze, Honey Glo, Honey Kist, Honey Royale, Indipendence, Lady Erika, Late Fair, Luciana, Maria Aurelia, Maria Carla, Maria Laura, Max, Max 7, Monrené, Morsiani 60, Morsiani 90, Nectareine, Nectaross, Orine, Orion, Pit Lane, Pit Stop, Red Fair, Romagna Big, Romagna Giant, Romagna Gold, Romagna Lady, Romagna Queen, Romagna Summer, September Bright, Spring Red, Stark Red Gold, Sweet Lady, Sweet Red, Venus, Western Red;

Early white-fleshed varieties:

Caldesi 2000, Garcica, Romagna Red, Romagna Star, Silver King, Turquoise;

Medium-late white-fleshed varieties:

Caldesi 2020, Maillarmagie (or Magique), Majestic Pearl, Nectarmagie, Nectaperle, Romagna 3000, Romagna Bright, Romagna Sweet, Romagna Top, Silver Giant, Silver Star, Sandine, Tourmaline, Zephyr.’

The amendment involves updating and expanding the range of varieties that can be used. It is due to the high degree and speed of varietal renewal in the sector as well as the need to ensure the availability of the PGI product. New cultivars have thus been added, very often deriving from past or old cultivars. Expanding the range of varieties will also allow the harvesting period to be extended, meaning that there will be greater availability of the product for consumers and it will be available for a longer period than is currently the case.

This amendment applies to point 4.2 of the summary and the corresponding point 3.2 of the single document.

The following paragraph has been added to Article 2 of the product specification:

‘For the production of “Pesca e Nettarina di Romagna”, it is permitted to use other peach cultivars derived from varietal research provided that it is demonstrated by means of experimental and documentary evidence that the method of obtaining the product and the quality characteristics of the fruit are consistent with this product specification. The use of such cultivars for the production of “Pesca e Nettarina di Romagna” must be notified in advance to and be evaluated by the Ministry of Agricultural, Food and Forestry Policy, which may to that end request the technical opinion of the control body or another body.’

We are requesting this amendment in order to meet the future needs of producers as regards introducing new varieties resulting from scientific research, and in order to ensure that the original characteristics of ‘Pesca e Nettarina di Romagna’ continue to be complied with, taking into account the speed of varietal renewal that characterises this species.

This amendment applies to point 4.2 of the summary and the corresponding point 3.2 of the single document.

In Article 6(1) of the specification, the following text on the characteristics of the fruit:

‘When released for consumption, “Pesca di Romagna” must have the following characteristics:

Yellow-fleshed cultivars

Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;

Sugar content: (° Bx) minimum of 11;

Epicarp, shape and average weight in accordance with the characteristics of the cultivars concerned.

White-fleshed cultivars

Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;

Sugar content: (° Bx) minimum of 11;

Epicarp, shape and average weight in accordance with the characteristics of the cultivars concerned.’

and

‘When released for consumption, “Nettarina di Romagna” must have the following characteristics:

| a) | Yellow-fleshed cultivars
  Epicarp: glabrous;
  Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;
  Sugar content: (° Bx) minimum of 11;
  Flavour, shape and minimum average weight in accordance with the characteristics of the cultivars concerned. |
| --- | --- |

a)

Yellow-fleshed cultivars

Epicarp: glabrous;

Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;

Sugar content: (° Bx) minimum of 11;

Flavour, shape and minimum average weight in accordance with the characteristics of the cultivars concerned.

| b) | White-fleshed cultivars
  Epicarp: glabrous;
  Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;
  Sugar content: (° Bx) minimum of 11;
  Flavour, shape and minimum average weight in accordance with the characteristics of the cultivars concerned.’ |
| --- | --- |

b)

White-fleshed cultivars

Epicarp: glabrous;

Size: minimum diameter of 67 mm, which corresponds to a circumference of 21 cm;

Sugar content: (° Bx) minimum of 11;

Flavour, shape and minimum average weight in accordance with the characteristics of the cultivars concerned.’

has been merged as follows and moved to Article 2 of the specification:

‘Quality characteristics

Quality characteristics

When released for consumption, “Pesca e Nettarina di Romagna” must have the following characteristics:

Early yellow-fleshed and white-fleshed cultivars

| — | Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g; |
| --- | --- |

—

Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g;

| — | Sugar content: (° Bx) minimum of 9,5; |
| --- | --- |

—

Sugar content: (° Bx) minimum of 9,5;

| — | Epicarp and shape in accordance with the characteristics of the cultivars concerned. |
| --- | --- |

—

Epicarp and shape in accordance with the characteristics of the cultivars concerned.

Medium-late yellow-fleshed and white-fleshed cultivars

| — | Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g; |
| --- | --- |

—

Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g;

| — | Sugar content: (° Bx) minimum of 11; |
| --- | --- |

—

Sugar content: (° Bx) minimum of 11;

| — | Epicarp and shape in accordance with the characteristics of the cultivars concerned.’ |
| --- | --- |

—

Epicarp and shape in accordance with the characteristics of the cultivars concerned.’

In order to better structure the text, it was considered appropriate to differentiate between early and medium-late cultivars. This distinction affects the sugar content parameter, which, in the early cultivars, which are harvested earlier, does not achieve the level of the medium-late cultivars. The parameter relating to the minimum weight of the fruit, which corresponds to the other size parameters already included in the specification, as indicated by current marketing standards, has also been stated in order to specify the minimum sizes more precisely. Finally, all the parameters setting the quality characteristics have been moved from Article 6 to Article 2 of the specification, so that all the characteristics of the product are listed in the same article.

This amendment applies to point 4.2 of the summary and the corresponding point 3.2 of the single document.

The following text has been added in Article 2 of the specification:

‘The fruit may also be used for processing. Furthermore, and exclusively in the case of processing, it is possible to use also fruit that meets all the requirements of the product specification except those relating to size and shape. Slight superficial damage to the skin is also permitted, provided that such damage does not affect the quality and the shelf-life of the fruit. Such fruit may not be sold to the end consumer.’

This amendment will make it possible to process also fruit which is defective only in size or shape, despite having been produced and grown in accordance with all the provisions laid down in the specification. However, processing fruit which is not healthy and does not comply with the product specification will be prohibited.

This amendment applies to point 4.2 of the summary and the corresponding point 3.2 of the single document.

Geographical area

Geographical area

In Article 3 of the specification, the following text on the production area:

‘The production area of “Pesca di Romagna” covers the part of the Emilia-Romagna Region suitable for growing peaches and is made up as follows:

| 1) | The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Massa Fiscaglia, Poggio Renatico, Portomaggiore, S. Agostino, Tresigallo, Voghiera; |
| --- | --- |

1)

The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Massa Fiscaglia, Poggio Renatico, Portomaggiore, S. Agostino, Tresigallo, Voghiera;

| 2) | The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castelguelfo, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano; |
| --- | --- |

2)

The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castelguelfo, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano;

| 3) | The following municipalities in the province of Forlì: Bertinoro, Castrocaro Terme, Cesena, Cesenatico Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliaria, Montiano, Predappio, Roncofreddo, Sant’Arcangelo, Savignano sul Rubicone; |
| --- | --- |

3)

The following municipalities in the province of Forlì: Bertinoro, Castrocaro Terme, Cesena, Cesenatico Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliaria, Montiano, Predappio, Roncofreddo, Sant’Arcangelo, Savignano sul Rubicone;

| 4) | The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisignella, Casola Valsenio, Castelbolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massalombarda, Ravenna, Riolo Terme, Russi, S.Agata sul Santerno, Solarolo.’ |
| --- | --- |

4)

The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisignella, Casola Valsenio, Castelbolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massalombarda, Ravenna, Riolo Terme, Russi, S.Agata sul Santerno, Solarolo.’

and

‘The production area of “Nettarina di Romagna” covers the part of the Emilia-Romagna Region suitable for growing peaches and is made up as follows:

| 1) | The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Massa Fiscaglia, Poggio Renatico, Portomaggiore, S. Agostino, Tresigallo, Voghiera; |
| --- | --- |

1)

The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Massa Fiscaglia, Poggio Renatico, Portomaggiore, S. Agostino, Tresigallo, Voghiera;

| 2) | The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castelguelfo, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano; |
| --- | --- |

2)

The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castelguelfo, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano;

| 3) | The following municipalities in the province of Forlì: Bertinoro, Castrocaro Terme, Cesena, Cesenatico Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliaria, Montiano, Predappio, Roncofreddo, Sant’Arcangelo, Savignano sul Rubicone; |
| --- | --- |

3)

The following municipalities in the province of Forlì: Bertinoro, Castrocaro Terme, Cesena, Cesenatico Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliaria, Montiano, Predappio, Roncofreddo, Sant’Arcangelo, Savignano sul Rubicone;

| 4) | The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisignella, Casola Valsenio, Castelbolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massalombarda, Ravenna, Riolo Terme, Russi, S.Agata sul Santerno, Solarolo.’ |
| --- | --- |

4)

The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisignella, Casola Valsenio, Castelbolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massalombarda, Ravenna, Riolo Terme, Russi, S.Agata sul Santerno, Solarolo.’

has been corrected and supplemented as follows:

‘Article 3

Production area

The production area of “Pesca e Nettarina di Romagna” covers the part of the Emilia-Romagna Region suitable for growing peaches and is made up as follows:

| 1) | The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Copparo, Ferrara Fiscaglia – loc. Massa Fiscaglia, Poggio Renatico, Portomaggiore, Terre del Reno – loc. S. Agostino, Tresignana – loc. Tresigallo, Voghiera. |
| --- | --- |

1)

The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Copparo, Ferrara Fiscaglia – loc. Massa Fiscaglia, Poggio Renatico, Portomaggiore, Terre del Reno – loc. S. Agostino, Tresignana – loc. Tresigallo, Voghiera.

| 2) | The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castel Guelfo di Bologna, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano. |
| --- | --- |

2)

The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castel Guelfo di Bologna, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano.

| 3) | The following municipalities in the province of Forlì-Cesena: Bertinoro, Castrocaro Terme e Terra del Sole, Cesena, Cesenatico, Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliana, Montiano, Predappio, Roncofreddo, Savignano sul Rubicone. |
| --- | --- |

3)

The following municipalities in the province of Forlì-Cesena: Bertinoro, Castrocaro Terme e Terra del Sole, Cesena, Cesenatico, Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliana, Montiano, Predappio, Roncofreddo, Savignano sul Rubicone.

| 4) | The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisighella, Casola Valsenio, Castel Bolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massa Lombarda, Ravenna, Riolo Terme, Russi, Sant’Agata sul Santerno, Solarolo. |
| --- | --- |

4)

The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisighella, Casola Valsenio, Castel Bolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massa Lombarda, Ravenna, Riolo Terme, Russi, Sant’Agata sul Santerno, Solarolo.

| 5) | The following municipalities in the province of Rimini: Santarcangelo di Romagna.’ |
| --- | --- |

5)

The following municipalities in the province of Rimini: Santarcangelo di Romagna.’

The amendments are necessary in order to correct clerical errors, update some of the place names and add new municipalities, as described below.

The names of the municipalities of Massa Fiscaglia, S. Agostino and Tresigallo have been replaced by their new names, Fiscaglia – loc. Massa Fiscaglia, Terre del Reno – loc. S. Agostino, and Tresignana – loc. Tresigallo, respectively.

These updates are necessary in order to reflect changes which came about following the mergers that occurred between January 2014 and January 2019. They do not change the overall area of origin.

The name ‘province of Forlì’ has been replaced by ‘province of Forlì-Cesena’ as the province was renamed pursuant to Legislative Decree No 252 of 6 March 1992.

The municipality of Santarcangelo di Romagna, which was still shown as part of the province of Forlì, has now been listed under the province of Rimini, which was established by the above-mentioned Legislative Decree No 252/1992.

Finally, the names of the municipalities of Castelguelfo, Castrocaro Terme, Modigliaria, Brisignella, Castelbolognese, Massalombarda and S. Agata sul Santerno have been replaced by the correct names: Castel Guelfo di Bologna, Castrocaro Terme e Terra del Sole, Modigliana, Brisighella, Castel Bolognese, Massa Lombarda and Sant’Agata sul Santerno, respectively.

Some clerical errors in the specification have thus been corrected without changing the area of origin.

The municipalities of Ferrara and Copparo in the province of Ferrara have been added to the area of origin.

This is in order to create a continuous geographical production area. The municipalities of Ferrara and Copparo are adjacent to and bordering the municipalities already covered by the product specification, but above all they have a long and proud tradition of growing peaches and nectarines, which has historically been carried out there. As they are next to the areas already covered, they are homogeneous both as regards environmental characteristics and growing techniques.

This amendment applies to point 4.3 of the summary and the corresponding point 4 of the single document.

Proof of origin

Proof of origin

Updating the procedure for establishing proof of origin

The following paragraphs, concerning ‘Pesca di Romagna’ and ‘Nettarina di Romagna’ respectively, in Article 5 of the specification:

‘The Emilia-Romagna Region is responsible for checking that the technical conditions established in Article 4 are met. Peach orchards suitable for producing “Pesca di Romagna” are entered in the appropriate register, which is set up, updated and published annually. A copy of this register is lodged with each of the municipalities located within the production area. The Ministry of Agricultural, Food and Forestry Resources indicates the procedures to follow in relation to registration, reporting of annual production and obtaining the corresponding certification, in order to ensure proper and appropriate monitoring of annually recognised production marketed under the geographical indication.’

and

‘The Emilia-Romagna Region is responsible for checking that the technical conditions established in Article 4 are met. Peach orchards suitable for producing “Nettarina di Romagna” are entered in the appropriate register, which is set up, updated and published annually. A copy of this register is lodged with each of the municipalities located within the production area. The Ministry of Agricultural, Food and Forestry Resources indicates the procedures to follow in relation to registration, reporting of annual production and obtaining the corresponding certification, in order to ensure proper and appropriate monitoring of annually recognised production marketed under the geographical indication.’

have been deleted and replaced by the following text in Article 4 of the specification:

‘Article 4

Proof of origin

Each stage in the production process is monitored, with all inputs and outputs being recorded. The traceability of the product is thus guaranteed by entering the cadastral parcels on which the product is grown, as well as details of the producers and packers, in lists managed by the control body referred to in Article 7, and by declaring to the control body the quantities produced.

All natural and legal persons entered in the relevant lists are subject to checks by the control body, according to the terms of the product specification and the corresponding control plan.’

This amendment is necessary in order to bring the text into line with current control systems, as the description in the current version refers to methodologies and tools that no longer exist. It has been updated both in terms of numbering – now Article 4 of the specification – and in terms of content on the basis of Regulation (EU) No 1152/2012. Checks on compliance with the product specification are in fact verified by a control body designated by the Ministry and not by the regional authorities. This amendment does not affect the single document.

Production method

Production method

The amendments to the production method concern both peaches and nectarines.

The reference is to Article 4 of the current specification, which becomes Article 5 with the new numbering.

The new Article 5 of the specification – Method of obtaining the product has been divided into two sections:

5.1 Soil and climate conditions and 5.2 Growing techniques.

Set out in this way, the article describes the technical steps more precisely.

The following sentence in Article 4 of the specification:

‘The use of irrigation, fertilisation practices and other growing and agronomic techniques must comply with the technical arrangements laid down by the competent services of the Emilia-Romagna Region.’

has been deleted.

This is actually a prerequisite that all holdings must meet. In fact, regulatory developments and the binding nature of certain requirements mean that certain criteria are inevitably complied with. It is therefore considered unnecessary to indicate it in the specification.

With regard to growing techniques, the following text:

‘The planting distances allowed are those generally used, with a maximum density of 2 000 plants per hectare possible for new plantations. The standard training methods permitted can be traced back to the “Emilian vase” and variations thereof; the espalier methods that can be used are the fan, the “Y”, the spindle and variations thereof.’

has been reworded as follows:

‘The planting distances allowed are those generally used, with a maximum density of 2 000 plants per hectare possible. The standard training methods permitted can be traced back to the Emilian vase, the delayed vase and variations thereof; the espalier methods that can be used are the fan, the “Y”, the spindle and variations thereof.’

The specific reference to new plantations has been deleted as it is superfluous. For the sake of completeness, also the delayed vase training method has been specified, although all training methods are already permitted.

The following sentence in Article 4 of the specification:

‘The growing techniques must include at least a winter pruning and prunings in the growing season depending on the requirements of the plants.’

has been deleted.

The part about pruning has been deleted as this is a prerequisite. Since good agricultural practices are used in all the various contexts, it was considered that there was no need to further specify this by adding unnecessary additional information.

With regard to yields, the following sentence:

‘Maximum production per hectare is 35 000 kg for all allowed cultivars.’

has been replaced by the following new version:

‘Maximum production per hectare for early varieties is 35 000 kg for all allowed cultivars. Maximum production per hectare for medium-late varieties is 50 000 kg for all allowed cultivars.’

As regards maximum production, it was considered appropriate to distinguish between early and medium-late varieties. For the early varieties, production has remained unchanged at 35 000 kg per hectare.

Maximum production has therefore been added for the medium-late varieties, set at 50 000 kg per hectare. Using the planting methods already provided for in the specification, such as the spindle, it is easy to reach production of 50 000 kg per hectare. These quantities will not affect the quality aspects of the fruit in any way; a maximum limit has been set to protect this very aspect.

The following sentence in Article 4 of the specification:

‘Taking into account seasonal developments and environmental growing conditions, the Emilia-Romagna Region sets, every year by 15 May, the indicative average unit production within the above limit for each cultivar specified in Article 2.’

has been deleted.

As regards the competence of the Emilia-Romagna Region to set the indicative average production, please note that, despite having the option to apply this clause, the Region has never deemed it appropriate or necessary. Therefore, the indicative average unit production has never been formally set in advance. In the light of the above, and given that the value has never been set in advance, this clause has proved to be superfluous and it is therefore considered appropriate to delete it from the specification.

The following paragraphs of Article 4 of the specification, concerning ‘Pesca di Romagna’ and ‘Nettarina di Romagna’ respectively:

‘If storing fruit that can be designated with the “Pesca di Romagna” PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.’

and

‘If storing fruit that can be designated with the “Nettarina di Romagna” PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.’

have been combined and adjusted as follows:

‘If storing fruit that can be designated with the “Pesca e Nettarina di Romagna” PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.’

Furthermore, this sentence has been moved to Article 8 of the specification.

This amendment affects point 4.5 of the summary and the above sentence has been inserted in point 3.5 of the single document.

Link

Link

The current paragraph on the link, contained in point 4.6 of the summary, is as follows:

‘Features of the soil and climate and the skills of the growers in the production area result in peaches and nectarines with special physical, chemical and organoleptic qualities which are sold on the national and European market as typical produce of Emilia-Romagna. The production area has a typical plains climate but is influenced by the proximity of the Adriatic Sea. The production area is the part of the region which has the highest average temperature, with almost no spring frosts which could damage the fruit. The importance of the production of “Pesca di Romagna” and “Nettarina di Romagna” is linked not only to objective and optimum soil and climate conditions but also to the social and productive fabric of the area, capable of utilising those resources and turning to account the fruits of the earth and labour. In the area where “Pesca di Romagna” and “Nettarina di Romagna” are grown, there are many producers’ associations, which, thanks to their organisational capacity, have set up product collection centres in the area using cutting-edge technology. The area is so suitable for the production of peaches and nectarines that it accounts for approximately one quarter of total production of the fruit in Italy.’

It has been added to Article 6 of the product specification and reworded as follows:

‘Features of the soil and climate and the skills of the growers in the production area result in peaches and nectarines with special physical, chemical and organoleptic qualities which are sold on the national and European market as typical produce of Emilia-Romagna. The production area has a typical plains climate but is influenced by the proximity of the Adriatic Sea. The production area is the part of the region which has the highest average temperature, with almost no spring frosts which could damage the fruit. The importance of the production of “Pesca e Nettarina di Romagna” is linked not only to objective and optimum soil and climate conditions but also to the social and productive fabric of the area, capable of utilising those resources and turning to account the fruits of the earth and labour. In the area where “Pesca e Nettarina di Romagna” is grown, there are many producers’ associations, which, thanks to their organisational capacity, have set up product collection centres in the area using cutting-edge technology. It is also thanks to the presence of such producer organisations and their organisational capacity that producers have been voluntarily applying integrated production techniques throughout the area for many years. Environmentally friendly and mindful of consumer health, these now constitute the usual production method, contributing to the environmental sustainability of fruit production. The area is so suitable for the production of peaches and nectarines that it accounts for approximately one quarter of total production of the fruit in Italy.’

The purpose of this amendment is to explain in more detail how the operators’ professionalism affects the end product. These are therefore changes to the wording that do not affect the substance of the link.

This amendment applies to Article 6 of the specification, point 4.6 of the summary and point 5 of the single document.

Labelling

Labelling

Article 8 of the specification has been divided into three sections, relating to storage, packaging and labelling, with a view to clarifying the various post-harvest stages.

Storage

The paragraph describing the storage arrangements, previously in Article 4 of the specification, has been moved, with only the name changed, to this article:

| ‘8.1. | Storage


  If storing fruit that can be designated with the “Pesca e Nettarina di Romagna” PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.’ |
| --- | --- |

‘8.1.

If storing fruit that can be designated with the “Pesca e Nettarina di Romagna” PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.’

This amendment affects point 4.5 of the summary and the above sentence has been inserted in point 3.5 of the single document.

Packaging

Packaging

The methods of packaging have been reworded. The text of Article 7 of the specification:

‘The types of packaging accepted by the EU which may be used in accordance with the rules in force are the following:

30 × 40 cardboard, wood and plastic** trays* – single layer;

30 × 50 cardboard, wood and plastic** trays* – single layer;

40 × 60 cardboard, wood and plastic** trays* – single layer;

20 × 30 trays* – single layer;

Sealed packaging (small trays, punnets, boxes, etc.) with one or more fruits.

| * | The trays are packaging used to display the sales units or individual fruits and/or packs.
  When packaged in trays, the PGI product is identified by individual stickers with the appropriate logo on at least 80 % of the fruit in the pack. |
| --- | --- |

*

When packaged in trays, the PGI product is identified by individual stickers with the appropriate logo on at least 80 % of the fruit in the pack.

| ** | Disposable or reuseable plastic of the following types IFCO/STECO/CPR SYSTEM AND OTHERS. |
| --- | --- |

**

In all the above cases (except for the trays) containers must be sealed so as to prevent the contents from being removed without breaking the seal.’

has been amended as follows:

| ‘8.2. | Packaging


  When packaged in open packs, the PGI product is identified by individual stickers on at least 70 % of the fruit in the pack.
  Alternatively, if there are no stickers on the fruit, the packages, such as trays and punnets for example, must be sealed so as to prevent the contents from being removed without breaking the pack.
  It is also permitted to sell the loose product at the point of sale from packaging that is sealed or that contains stickered fruit, provided that the product has been placed in specific compartments or containers prominently displaying the same information required for the packaging referred to in this product specification.’ |
| --- | --- |

‘8.2.

When packaged in open packs, the PGI product is identified by individual stickers on at least 70 % of the fruit in the pack.

Alternatively, if there are no stickers on the fruit, the packages, such as trays and punnets for example, must be sealed so as to prevent the contents from being removed without breaking the pack.

It is also permitted to sell the loose product at the point of sale from packaging that is sealed or that contains stickered fruit, provided that the product has been placed in specific compartments or containers prominently displaying the same information required for the packaging referred to in this product specification.’

The amendment meets the need to simplify the description of packaging formats. In order to meet the different needs of the market and consumers in terms of size and type, and given that some packaging formats were provided as mere examples in the previous version, it was considered appropriate to refer to the types of packaging that are permitted under current legislation. In the case of open packaging, at least 70 % of the fruit in the pack must bear stickers, providing greater clarity for the consumer; otherwise, the packaging must be sealed. Finally, information has been provided on selling the product to the end consumer loose from sealed packaging or trays, provided that the product has been placed in specific compartments or containers prominently displaying the same information required for the packaging referred to in this product specification. This amendment enables operators to sell the product – from sealed packaging or trays – in the quantity desired by the consumer and also guarantees that the consumer is still correctly informed at the time of buying the product.

This amendment applies to point 4.8 of the summary and point 3.5 of the single document.

Marketing period

Marketing period

The provision concerning ‘Pesca di Romagna’:

‘The product must be placed on the market in the period between 10 June and 20 September of each year.’

and the provision concerning ‘Nettarina di Romagna’:

‘The product must be placed on the market in the period between 15 June and 30 September of each year.’

have been replaced by:

‘The product must be placed on the market starting from 10 June.’

It was considered appropriate to indicate only the start date of the marketing period, keeping it set at 10 June, and to delete the end date. This takes into account changes in the climate in recent years, which have led to a longer marketing period, as well as the fact that new, later, varieties have been added.

This amendment does not affect either the summary or the single document.

Labelling

Labelling

Labelling – wording:

Labelling – wording:

Some minor aspects of the wording to be included on the label have been amended, concerning ‘Pesca di Romagna’ and ‘Nettarina di Romagna’ respectively. The paragraphs with the initial instructions are the following:

‘The container must be marked, in letters of the same size, with the words “Pesca di Romagna”, followed immediately by “Indicazione Geografica Protetta” [Protected Geographical Indication] and then by the name of the cultivar. The name, business name and address of the packager, as well as the original net weight, must appear in the same field of vision. The words “Indicazione Geografica Protetta” [Protected Geographical Indication] may be repeated anywhere else on the container or label, including as an acronym “I.G.P.” [PGI].’

and

‘The container must be marked, in letters of the same size, with the words “Nettarina di Romagna”, followed immediately by “Indicazione Geografica Protetta” [Protected Geographical Indication] and then by the name of the cultivar. The name, business name and address of the packager, as well as the original net weight, must appear in the same field of vision. The words “Indicazione Geografica Protetta” [Protected Geographical Indication] may be repeated anywhere else on the container or label, including as an acronym “I.G.P.” [PGI].’

and they have been amended as follows:

| ‘8.3 | Labelling


  The container may be marked with the words “Pesca di Romagna” or “Nettarina di Romagna”, followed immediately by “Indicazione Geografica Protetta” [Protected Geographical Indication] or the acronym I.G.P. [PGI], and by the name of the cultivar. The name, business name and address of the packager must appear in the same field of vision.
  The words “Indicazione Geografica Protetta” [Protected Geographical Indication] may be repeated anywhere else on the container or label, including as an acronym “I.G.P.” [PGI].’ |
| --- | --- |

‘8.3

The container may be marked with the words “Pesca di Romagna” or “Nettarina di Romagna”, followed immediately by “Indicazione Geografica Protetta” [Protected Geographical Indication] or the acronym I.G.P. [PGI], and by the name of the cultivar. The name, business name and address of the packager must appear in the same field of vision.

The words “Indicazione Geografica Protetta” [Protected Geographical Indication] may be repeated anywhere else on the container or label, including as an acronym “I.G.P.” [PGI].’

These amendments slightly simplify the labelling rules by deleting elements that are required by law, such as indicating the weight. They also allow packagers to specify the type of fruit in addition to the name of the PGI.

This amendment applies to point 4.8 of the summary and the corresponding point 3.6 of the single document.

Labelling – Trademarks

Labelling – Trademarks

A paragraph has been added to this section of Article 8 on the possibility to use trademarks:

‘Wordings and/or symbols that refer to names, company names, collective marks or individual trademarks may be used together with the wording “IGP Pesca e Nettarina di Romagna” and the European symbol.’

This addition is necessary to adapt to the needs of clients and consumers, including of a commercial nature.

This amendment applies to point 3.6 of the single document.

Labelling – Other conditions

Labelling – Other conditions

The following paragraphs have been deleted:

‘Fruit which, while produced in the Emilia-Romagna Region, does not meet the minimum requirements laid down in Article 6 of this specification in relation to size and sugar content may not bear the protected geographical indication “Pesca di Romagna”, nor any other geographical indication.

Fruit which, while produced in the Emilia-Romagna Region, does not meet the minimum requirements laid down in Article 6 of this specification in relation to size and sugar content may not bear the protected geographical indication “Nettarina di Romagna”, nor any other geographical indication.’

and

‘The wording “Prodotto in Italia” [Produced in Italy] must also appear on batches intended for export.’

It was considered appropriate to delete the ban on using the name for non-compliant products as this has already been clearly indicated in previous articles. The wording ‘Prodotto in Italia’ too is required by law and it is considered unnecessary to keep it in the text.

This amendment does not affect either the summary or the single document.

Labelling – Product for processing

Labelling – Product for processing

The following paragraph has also been added to Article 8 of the specification:

‘Fruit that is to be processed may also be delivered “loose”, in packages or containers that comply with the legislation in force and that have an appropriate label to ensure the proper identification and traceability of the product “‘Pesca e Nettarina di Romagna’ PGI for processing”.’

Given that rules have also been laid down for fruit intended for processing, it is necessary to add the relevant labelling requirements to the specification in order to ensure proper and immediate identification.

This amendment applies to the corresponding point 3.6 of the single document.

OTHER

OTHER

Checks

Checks

The following sentences in Article 5 of the specification:

‘Article 5

Peach orchards suitable for producing “Pesca di Romagna” are entered in the appropriate register, which is set up, updated and published annually.

Peach orchards suitable for producing “Nettarina di Romagna” are entered in the appropriate register, which is set up, updated and published annually.’

and

‘The Emilia-Romagna Region is responsible for checking that the technical conditions established in Article 4 are met.

A copy of this register is lodged with each of the municipalities located within the production area.

The Ministry of Agricultural, Food and Forestry Resources indicates the procedures to follow in relation to registration, reporting of annual production and obtaining the corresponding certification, in order to ensure proper and appropriate monitoring of annually recognised production marketed under the geographical indication.’

have been deleted, reworded and replaced by Article 7 of the specification as follows:

‘Article 7

Checks

Pursuant to Articles 36 and 37 of Regulation (EU) No 1151/2012, the control body checks that the product complies with the product specification.

The control body chosen is Check Fruit srl – Via dei Mille, 24 – 40121 Bologna – Italy, Tel. +39 0516494836, Fax +39 0516494813 – info@checkfruit.it’

The whole of Article 7 of the specification has been redrafted in line with Article 7(g) of Regulation (EU) No 1151/2012.

This amendment applies to point 4.7 of the summary and does not apply to the single document.

OTHER

OTHER

Order and titles of the articles

Order and titles of the articles

The articles and the content of the specification have been ordered and numbered based on Article 7 of Regulation (EU) No 1151/2012. A title has been added for each article to facilitate reading.

Following the proposed amendments, the articles are therefore as follows:

| — | Article 1 – Name |
| --- | --- |

—

Article 1 – Name

| — | Article 2 – Characteristics of the product |
| --- | --- |

—

Article 2 – Characteristics of the product

| — | Article 3 – Production area |
| --- | --- |

—

Article 3 – Production area

| — | Article 4 – Proof of origin |
| --- | --- |

—

Article 4 – Proof of origin

| — | Article 5 – Method of obtaining the product |
| --- | --- |

—

Article 5 – Method of obtaining the product

| — | Article 6 – Link with the geographical area |
| --- | --- |

—

Article 6 – Link with the geographical area

| — | Article 7 – Checks |
| --- | --- |

—

Article 7 – Checks

| — | Article 8 – Storage, packaging and labelling |
| --- | --- |

—

Article 8 – Storage, packaging and labelling

Consolidation of the parts of the specification that are the same for both types of fruit

Consolidation of the parts of the specification that are the same for both types of fruit

The current specification consists of two separate documents, the first concerning ‘Pesca di Romagna’ and the second concerning ‘Nettarina di Romagna’. Many aspects and requirements that are identical for both types are repeated in both documents. To aid readability and make the rules of the product specification clearer, it has therefore been condensed by:

| — | unifying Articles 1, 3, 4, 5, 6, 7 and 8; |
| --- | --- |

—

unifying Articles 1, 3, 4, 5, 6, 7 and 8;

| — | retaining a sub-division by product type within Article 2, making it clear that different lists of varieties apply. |
| --- | --- |

—

retaining a sub-division by product type within Article 2, making it clear that different lists of varieties apply.

SINGLE DOCUMENT

‘Pesca e Nettarina di Romagna PGI’

‘Pesca e Nettarina di Romagna PGI’

EU No: PGI-IT-1535-AM02 – 15.9.2020

EU No: PGI-IT-1535-AM02 – 15.9.2020

PDO ( ) PGI (X)

PDO ( ) PGI (X)

1.   Name(s) [of PDO or PGI]

Name(s) [of PDO or PGI]

‘Pesca e Nettarina di Romagna’

2.   Member State or Third Country

Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   
  Type of product [as in Annex XI]

Type of product [as in Annex XI]

Class 1.6: Fruit, vegetables and cereals fresh or processed

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

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

The indication ‘Pesca e Nettarina di Romagna’ refers exclusively to the fruit of the following peach cultivars:

Peach:

Peach:

Early yellow-fleshed varieties:

Bordò, Coraline (or Monco), Crimson Lady, Dixired, Flavorcrest, Maycrest, Merril Gem Free 1, Rich May, Royal Gem, Royal Glory, Royal Majestic, Royal Time, Ruby Rich, Sagittaria, Spring Lady, Sprinbelle, Springcrest, Sugar Time;

Medium-late yellow-fleshed varieties:

Azurite, Corindon, Diamond Princess, Elegant Lady, Fayette, Glohaven, Grenat, Maria Marta, Mercil (or O’Henry), Plusplus, Redhaven, Rich Lady, Rome Star, Royal Estate, Royal Jim, Royal Lee, Royal Pride, Royal Summer, Royal Sweet, Summer Rich, Suncrest, Sweet Dream, Sweet Henry, Symphonie, Vista Rich, Zainori (or Kaweah), Zee Lady;

Early white-fleshed varieties:

Greta, Iris Rosso, Monsolle, Patty;

Medium-late white-fleshed varieties:

Duchessa d’Este, Ivory Sun, Maria Bianca, Maura, Regalsnow (or Maperla), Rosa del West, Rossa di San Carlo, Star Princess, Snow Lady, Tendresse (or Joulie), Zaidaso (or Kewina).

Nectarine:

Nectarine:

Early yellow-fleshed varieties:

Alice, Ambra, Ara, Big Haven, Carene, Early Sungrand, Extreme Beauty, Gartairo, Garofa, Laura, Maillara (or Big Bang), Maria Emilia, Maygrand, Nectaprima, Noracila, Rebus 028, Weimberger;

Medium-late yellow-fleshed varieties:

Alma, Alma 2, Alexa, Amiga, Alitop, August Red, Big Top (or Zaitabo), Diamond Ray, Dorabelle, Doracile, Dulcis, Dulciva, Early Zee, Fairlane, Fantasia, Febe, Flavortop, Gea, Guerriera, Honey Blaze, Honey Glo, Honey Kist, Honey Royale, Indipendence, Lady Erika, Late Fair, Luciana, Maria Aurelia, Maria Carla, Maria Laura, Max, Max 7, Monrené, Morsiani 60, Morsiani 90, Nectareine, Nectaross, Orine, Orion, Pit Lane, Pit Stop, Red Fair, Romagna Big, Romagna Giant, Romagna Gold, Romagna Lady, Romagna Queen, Romagna Summer, September Bright, Spring Red, Stark Red Gold, Sweet Lady, Sweet Red, Venus, Western Red;

,

Early white-fleshed varieties:

Caldesi 2000, Garcica, Romagna Red, Romagna Star, Silver King, Turquoise;

Medium-late white-fleshed varieties:

Caldesi 2020, Maillarmagie (or Magique), Majestic Pearl, Nectarmagie, Nectaperle, Romagna 3000, Romagna Bright, Romagna Sweet, Romagna Top, Silver Giant, Silver Star, Sandine, Tourmaline, Zephyr.

For the production of ‘Pesca e Nettarina di Romagna’, it is permitted to use other peach cultivars derived from varietal research provided that it is demonstrated by means of experimental and documentary evidence that the method of obtaining the product and the quality characteristics of the fruit are consistent with this product specification. The use of such cultivars for the production of ‘Pesca e Nettarina di Romagna’ must be notified in advance to and be evaluated by the Ministry of Agricultural, Food and Forestry Policy, which may to that end request the technical opinion of the control body or another body.

Quality characteristics

Quality characteristics

When released for consumption, ‘Pesca e Nettarina di Romagna’ must have the following characteristics:

Early yellow-fleshed and white-fleshed cultivars

| — | Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g; |
| --- | --- |

—

Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g;

| — | Sugar content: (° Bx) minimum of 9,5; |
| --- | --- |

—

Sugar content: (° Bx) minimum of 9,5;

| — | Epicarp and shape in accordance with the characteristics of the cultivars concerned; |
| --- | --- |

—

Epicarp and shape in accordance with the characteristics of the cultivars concerned;

Medium-late yellow-fleshed and white-fleshed cultivars

| — | Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g; |
| --- | --- |

—

Minimum size A: minimum diameter of 67 mm, which corresponds to a minimum weight of 135 g;

| — | Sugar content: (° Bx) minimum of 11; |
| --- | --- |

—

Sugar content: (° Bx) minimum of 11;

| — | Epicarp and shape in accordance with the characteristics of the cultivars concerned. |
| --- | --- |

—

Epicarp and shape in accordance with the characteristics of the cultivars concerned.

The fruit may also be used for processing.

Furthermore, and exclusively in the case of processing, it is possible to use also fruit that meets all the requirements of the product specification except those relating to size and shape. Slight superficial damage to the skin is also permitted, provided that such damage does not affect the quality and the shelf-life of the fruit. Such fruit may not be sold to the end consumer.

3.3.   
  Feed (for products of animal origin only) and raw materials (for processed products only)

Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4.   
  Specific steps in production that must take place in the identified geographical area

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

All the stages of producing ‘Pesca e Nettarina di Romagna’ PGI up to the harvesting of the product must be carried out exclusively within the geographical area indicated in point 4.

3.5.   
  Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

If storing fruit that can be designated with the ‘Pesca e Nettarina di Romagna’ PGI, the technique of refrigeration must be used. The values for humidity and temperature inside the cold stores must ensure that the specific quality characteristics are maintained.

When packaged in open packs, the PGI product is identified by individual stickers on at least 70 % of the fruit in the pack.

Alternatively, if there are no stickers on the fruit, the packages, such as trays and punnets for example, must be sealed so as to prevent the contents from being removed without breaking the pack.

It is also permitted to sell the loose product at the point of sale from packaging that is sealed or that contains stickered fruit, provided that the product has been placed in specific compartments or containers prominently displaying the same information required for the packaging.

3.6.   
  Specific rules concerning labelling of the product the registered name refers to

Specific rules concerning labelling of the product the registered name refers to

The container may be marked with the words ‘Pesca di Romagna’ or ‘Nettarina di Romagna’, followed immediately by ‘Indicazione Geografica Protetta’ [Protected Geographical Indication] or the acronym I.G.P. [PGI], and by the name of the cultivar. The name, business name and address of the packager must appear in the same field of vision.

The words ‘Indicazione Geografica Protetta’ [Protected Geographical Indication] may be repeated anywhere else on the container or label, including as an acronym ‘I.G.P.’ [PGI].

Wordings and/or symbols that refer to names, company names, collective marks or individual trademarks may be used together with the wording ‘IGP Pesca e Nettarina di Romagna’ and the European symbol.

Fruit that is to be processed may also be delivered ‘loose’, in packages or containers that comply with the legislation in force and that have an appropriate label to ensure the proper identification and traceability of the product ‘“Pesca e Nettarina di Romagna”’ PGI for processing’.

4.   Concise definition of the geographical area

Concise definition of the geographical area

The production area of ‘Pesca e Nettarina di Romagna’ covers the part of the Emilia-Romagna Region suitable for growing peaches and is made up as follows:

| 1) | The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Copparo, Ferrara, Fiscaglia – loc. Massa Fiscaglia, Poggio Renatico, Portomaggiore, Terre del Reno – loc. S. Agostino, Tresignana – loc. Tresigallo, Voghiera. |
| --- | --- |

1)

The following municipalities in the province of Ferrara: Argenta, Cento, Codigoro, Copparo, Ferrara, Fiscaglia – loc. Massa Fiscaglia, Poggio Renatico, Portomaggiore, Terre del Reno – loc. S. Agostino, Tresignana – loc. Tresigallo, Voghiera.

| 2) | The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castel Guelfo di Bologna, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano. |
| --- | --- |

2)

The following municipalities in the province of Bologna: Borgo Tossignano, Budrio, Casalfiumanese, Castel Guelfo di Bologna, Castenaso, Fontanelice, Granarolo dell’Emilia, Imola, Medicina, Minerbio, Molinella, Mordano.

| 3) | The following municipalities in the province of Forlì-Cesena: Bertinoro, Castrocaro Terme e Terra del Sole, Cesena, Cesenatico, Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliana, Montiano, Predappio, Roncofreddo, Savignano sul Rubicone. |
| --- | --- |

3)

The following municipalities in the province of Forlì-Cesena: Bertinoro, Castrocaro Terme e Terra del Sole, Cesena, Cesenatico, Dovadola, Forlì, Forlimpopoli, Gambettola, Gatteo, Longiano, Meldola, Mercato Saraceno, Modigliana, Montiano, Predappio, Roncofreddo, Savignano sul Rubicone.

| 4) | The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisighella, Casola Valsenio, Castel Bolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massa Lombarda, Ravenna, Riolo Terme, Russi, Sant’Agata sul Santerno, Solarolo. |
| --- | --- |

4)

The following municipalities in the province of Ravenna: Alfonsine, Bagnacavallo, Bagnara di Romagna, Brisighella, Casola Valsenio, Castel Bolognese, Cervia, Conselice, Cotignola, Faenza, Fusignano, Lugo, Massa Lombarda, Ravenna, Riolo Terme, Russi, Sant’Agata sul Santerno, Solarolo.

| 5) | The following municipalities in the province of Rimini: Santarcangelo di Romagna. |
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5)

The following municipalities in the province of Rimini: Santarcangelo di Romagna.

5.   Link with the geographical area

Link with the geographical area

Features of the soil and climate and the skills of the growers in the production area result in peaches and nectarines with special physical, chemical and organoleptic qualities which are sold on the national and European market as typical produce of Emilia-Romagna. The production area has a typical plains climate but is influenced by the proximity of the Adriatic Sea. The production area is the part of the region which has the highest average temperature, with almost no spring frosts which could damage the fruit. The importance of the production of ‘Pesca e Nettarina di Romagna’ is linked not only to objective and optimum soil and climate conditions but also to the social and productive fabric of the area, capable of utilising those resources and turning to account the fruits of the earth and labour. In the area where ‘Pesca e Nettarina di Romagna’ is grown, there are many producers’ associations, which, thanks to their organisational capacity, have set up product collection centres in the area using cutting-edge technology. It is also thanks to the presence of such producer organisations and their organisational capacity that producers have been voluntarily applying integrated production techniques throughout the area for many years. Environmentally friendly and mindful of consumer health, these now constitute the usual production method, contributing to the environmental sustainability of fruit production. The area is so suitable for the production of peaches and nectarines that it accounts for approximately one quarter of total production of the fruit in Italy.

Reference to publication of the product specification

Reference to publication of the product specification

The full text of the product specification is available on the following website: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335”

or alternatively:

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Qualità’ (at the top right of the screen), then on ‘Prodotti DOP IGP STG’ (on the left-hand side of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE’.

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(1)  OJ L 343, 14.12.2012, p. 1.

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