# Official Journal C 351/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 351 |
| | |
| English edition | Information and Notices | Volume 5823 October 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 351

English edition

Information and Notices

Volume 5823 October 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 351/01 | Non-opposition to a notified concentration (Case M.7809 — Grosvenor/PSPIB/Real estate asset in Milan) (
  1
  ) | 1 |
| 2015/C 351/02 | Non-opposition to a notified concentration (Case M.7602 — Deutsche Telekom Group/MET Holding/JV) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 351/01

Non-opposition to a notified concentration (Case M.7809 — Grosvenor/PSPIB/Real estate asset in Milan) (
  1
  )

1

1

2015/C 351/02

Non-opposition to a notified concentration (Case M.7602 — Deutsche Telekom Group/MET Holding/JV) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 351/03 | Euro exchange rates | 2 |
| 2015/C 351/04 | Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 13 July 2015 concerning a preliminary draft decision relating to Case AT.40098 — Blocktrains — Rapporteur: Finland | 3 |
| 2015/C 351/05 | Final Report of the Hearing Officer — Blocktrains (AT.40098) | 4 |
| 2015/C 351/06 | Summary of Commission Decision of 15 July 2015 (Case AT.40098 — Blocktrains) (notified under document C(2015) 4646) | 5 |
| | NOTICES FROM MEMBER STATES |
| 2015/C 351/07 | Information communicated by Member States regarding closure of fisheries | 8 |
| 2015/C 351/08 | Information communicated by Member States regarding closure of fisheries | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 351/03

Euro exchange rates

2

2015/C 351/04

Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 13 July 2015 concerning a preliminary draft decision relating to Case AT.40098 — Blocktrains — Rapporteur: Finland

3

2015/C 351/05

Final Report of the Hearing Officer — Blocktrains (AT.40098)

4

2015/C 351/06

Summary of Commission Decision of 15 July 2015 (Case AT.40098 — Blocktrains) (notified under document C(2015) 4646)

(notified under document C(2015) 4646)

5

NOTICES FROM MEMBER STATES

2015/C 351/07

Information communicated by Member States regarding closure of fisheries

8

2015/C 351/08

Information communicated by Member States regarding closure of fisheries

8

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2015/C 351/09 | Call for proposals — Support for information measures relating to the common agricultural policy (CAP) for 2016 | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 351/10 | Prior notification of a concentration (Case M.7805 — Apollo Capital Management/RBH/LRG Finance) — Candidate case for simplified procedure (
  1
  ) | 22 |
| 2015/C 351/11 | Prior notification of a concentration (Case M.7745 — Fortum/Lietuvos Energija/JV) (
  1
  ) | 23 |
| | OTHER ACTS |
| | European Commission |
| 2015/C 351/12 | Publication of an amendment 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 | 24 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2015/C 351/09

Call for proposals — Support for information measures relating to the common agricultural policy (CAP) for 2016

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 351/10

Prior notification of a concentration (Case M.7805 — Apollo Capital Management/RBH/LRG Finance) — Candidate case for simplified procedure (
  1
  )

1

22

2015/C 351/11

Prior notification of a concentration (Case M.7745 — Fortum/Lietuvos Energija/JV) (
  1
  )

1

23

OTHER ACTS

European Commission

2015/C 351/12

Publication of an amendment 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

24

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.10.2015 | EN | Official Journal of the European Union | C 351/1 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/1

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Non-opposition to a notified concentration

(Case M.7809 — Grosvenor/PSPIB/Real estate asset in Milan)

(Text with EEA relevance)

(2015/C 351/01)

On 19 October 2015, 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 language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7809. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7809. EUR-Lex is the on-line access to the European law.

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

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| 23.10.2015 | EN | Official Journal of the European Union | C 351/1 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/1

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Non-opposition to a notified concentration

(Case M.7602 — Deutsche Telekom Group/MET Holding/JV)

(Text with EEA relevance)

(2015/C 351/02)

On 19 August 2015, 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 language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7602. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7602. EUR-Lex is the online access to the European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.10.2015 | EN | Official Journal of the European Union | C 351/2 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/2

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Euro exchange rates (1)

22 October 2015

(2015/C 351/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1313 |
| JPY | Japanese yen | 135,49 |
| DKK | Danish krone | 7,4596 |
| GBP | Pound sterling | 0,73140 |
| SEK | Swedish krona | 9,4207 |
| CHF | Swiss franc | 1,0886 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2740 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,069 |
| HUF | Hungarian forint | 311,12 |
| PLN | Polish zloty | 4,2849 |
| RON | Romanian leu | 4,4300 |
| TRY | Turkish lira | 3,2683 |
| AUD | Australian dollar | 1,5692 |
| CAD | Canadian dollar | 1,4847 |
| HKD | Hong Kong dollar | 8,7677 |
| NZD | New Zealand dollar | 1,6704 |
| SGD | Singapore dollar | 1,5744 |
| KRW | South Korean won | 1 284,93 |
| ZAR | South African rand | 15,3007 |
| CNY | Chinese yuan renminbi | 7,1929 |
| HRK | Croatian kuna | 7,6210 |
| IDR | Indonesian rupiah | 15 402,12 |
| MYR | Malaysian ringgit | 4,8463 |
| PHP | Philippine peso | 52,643 |
| RUB | Russian rouble | 70,7525 |
| THB | Thai baht | 40,267 |
| BRL | Brazilian real | 4,4791 |
| MXN | Mexican peso | 18,7683 |
| INR | Indian rupee | 73,6774 |

Currency

Exchange rate

USD

US dollar

1,1313

JPY

Japanese yen

135,49

DKK

Danish krone

7,4596

GBP

Pound sterling

0,73140

SEK

Swedish krona

9,4207

CHF

Swiss franc

1,0886

ISK

Iceland króna

NOK

Norwegian krone

9,2740

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,069

HUF

Hungarian forint

311,12

PLN

Polish zloty

4,2849

RON

Romanian leu

4,4300

TRY

Turkish lira

3,2683

AUD

Australian dollar

1,5692

CAD

Canadian dollar

1,4847

HKD

Hong Kong dollar

8,7677

NZD

New Zealand dollar

1,6704

SGD

Singapore dollar

1,5744

KRW

South Korean won

1 284,93

ZAR

South African rand

15,3007

CNY

Chinese yuan renminbi

7,1929

HRK

Croatian kuna

7,6210

IDR

Indonesian rupiah

15 402,12

MYR

Malaysian ringgit

4,8463

PHP

Philippine peso

52,643

RUB

Russian rouble

70,7525

THB

Thai baht

40,267

BRL

Brazilian real

4,4791

MXN

Mexican peso

18,7683

INR

Indian rupee

73,6774

---

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

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| 23.10.2015 | EN | Official Journal of the European Union | C 351/3 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/3

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Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting on 13 July 2015 concerning a preliminary draft decision relating to Case AT.40098 — Blocktrains

Rapporteur: Finland

(2015/C 351/04)

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.

| 8. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

| 9. | The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

| 10. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
| --- | --- |

10.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

| 11. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
| --- | --- |

11.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.

| 12. | The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
| --- | --- |

12.

The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.

| 13. | The Advisory Committee agrees with the Commission that a multiplier for deterrence should be applied to one addressee of the draft decision. |
| --- | --- |

13.

The Advisory Committee agrees with the Commission that a multiplier for deterrence should be applied to one addressee of the draft decision.

| 14. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
| --- | --- |

14.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

| 15. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
| --- | --- |

15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 16. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
| --- | --- |

16.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

| 17. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

17.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

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| 23.10.2015 | EN | Official Journal of the European Union | C 351/4 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/4

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Final Report of the Hearing Officer (1)

Blocktrains

(AT.40098)

(2015/C 351/05)

On 10 June 2014, the European Commission (‘Commission’) initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (2) against Kühne + Nagel International AG and Kuehne + Nagel A.E. (collectively referred to as ‘K+N’), ÖBB-Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics — Austria GmbH and Express Interfracht Hellas A.E. (collectively referred to as ‘EXIF’) and Deutsche Bahn AG, Schenker AG, Schenker & Co. AG and Schenker A.E. (collectively referred to as ‘Schenker’), (together ‘the parties’).

Following settlement discussions and settlement submissions in accordance with Article 10a of Regulation (EC) No 773/2004, on 26 May 2015 the Commission adopted a Statement of Objections (‘SO’) addressed to the parties, stating that they had participated in one single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union. The infringement consisted on the allocation of customers and transport volumes and of price coordination in the sector of rail cargo transport services in connection with blocktrains between central and south-eastern Europe, such as Balkantrain and Soptrain, operated jointly by them.

The parties' respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views, and I have come to a positive conclusion.

In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (3), I consider that the effective exercise of the procedural rights of all participants to the proceedings in this case has been respected.

Brussels, 14 July 2015.

Wouter WILS

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

2

(3)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

3

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| 23.10.2015 | EN | Official Journal of the European Union | C 351/5 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/5

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Summary of Commission Decision

of 15 July 2015

(Case AT.40098 — Blocktrains)

(notified under document C(2015) 4646)

(Only the English text is authentic)

(2015/C 351/06)

On 15 July 2015, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision relates to a single and continuous infringement of Article 101 of the Treaty. The Decision is addressed to the following entities: Kühne + Nagel International AG and Kuehne + Nagel A.E. (collectively referred to as ‘K+N’); ÖBB-Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics — Austria GmbH (2) and Express Interfracht Hellas A.E. (3) (collectively referred to as ‘EXIF’); Deutsche Bahn AG, Schenker AG, Schenker & Co. AG and Schenker A.E. (collectively referred to as ‘Schenker’). |
| --- | --- |

(1)

The Decision relates to a single and continuous infringement of Article 101 of the Treaty. The Decision is addressed to the following entities: Kühne + Nagel International AG and Kuehne + Nagel A.E. (collectively referred to as ‘K+N’); ÖBB-Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics — Austria GmbH (2) and Express Interfracht Hellas A.E. (3) (collectively referred to as ‘EXIF’); Deutsche Bahn AG, Schenker AG, Schenker & Co. AG and Schenker A.E. (collectively referred to as ‘Schenker’).

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | Following an immunity application by K+N, the Commission carried out unannounced inspections at the premises of Schenker and EXIF in Greece and Austria in June 2013. On 23 August 2013, EXIF submitted a leniency application and on 17 September 2013, Schenker submitted a leniency application. |
| --- | --- |

(2)

Following an immunity application by K+N, the Commission carried out unannounced inspections at the premises of Schenker and EXIF in Greece and Austria in June 2013. On 23 August 2013, EXIF submitted a leniency application and on 17 September 2013, Schenker submitted a leniency application.

| (3) | On 10 June 2014, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 against the addressees of this Decision with a view to engaging in settlement discussions with them under the Settlement Notice (4). Settlement meetings with the parties took place between 23 July 2014 and 25 March 2015 and each party then submitted its formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (5). |
| --- | --- |

(3)

On 10 June 2014, the Commission initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 against the addressees of this Decision with a view to engaging in settlement discussions with them under the Settlement Notice (4). Settlement meetings with the parties took place between 23 July 2014 and 25 March 2015 and each party then submitted its formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (5).

| (4) | On 26 May 2015, the Commission adopted a statement of objections addressed to the parties. All parties replied to the statement of objections by confirming that it reflected the contents of their settlement submissions and that they remained committed to following the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 13 July 2015 and the Commission adopted the Decision on 15 July 2015. |
| --- | --- |

(4)

On 26 May 2015, the Commission adopted a statement of objections addressed to the parties. All parties replied to the statement of objections by confirming that it reflected the contents of their settlement submissions and that they remained committed to following the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 13 July 2015 and the Commission adopted the Decision on 15 July 2015.

2.2.   Addressees and duration

| (5) | The addressees of the Decision have participated in a cartel and/or bear liability for it, infringing therefore Article 101 of the Treaty, during the periods indicated below:






  Entity | Duration |
| --- | --- | --- |
| Kühne + Nagel International AG Kuehne + Nagel A.E. | 2 July 2004-30 June 2012 |
| ÖBB-Holding AG
  Rail Cargo Austria AG
  Rail Cargo Logistics — Austria GmbH
  Express Interfracht Hellas A.E. | 2 July 2004-30 June 2012 |
| Deutsche Bahn AG Schenker AG Schenker & Co. AG Schenker A.E. | 2 July 2004-30 June 2012 |

(5)

The addressees of the Decision have participated in a cartel and/or bear liability for it, infringing therefore Article 101 of the Treaty, during the periods indicated below:

Entity

Duration

Kühne + Nagel International AG Kuehne + Nagel A.E.

2 July 2004-30 June 2012

ÖBB-Holding AG

Rail Cargo Austria AG

Rail Cargo Logistics — Austria GmbH

Express Interfracht Hellas A.E.

2 July 2004-30 June 2012

Deutsche Bahn AG Schenker AG Schenker & Co. AG Schenker A.E.

2 July 2004-30 June 2012

2.3.   Summary of the infringement

| (6) | The Decision concerns a cartel relating to the provision of rail cargo transport services in connection with blocktrains (6) between Central and South-Eastern Europe (‘Balkantrain’ and ‘Soptrain’), operated jointly by the three undertakings subject to these proceedings (7). |
| --- | --- |

(6)

The Decision concerns a cartel relating to the provision of rail cargo transport services in connection with blocktrains (6) between Central and South-Eastern Europe (‘Balkantrain’ and ‘Soptrain’), operated jointly by the three undertakings subject to these proceedings (7).

| (7) | The parties operated a cartel with the overall aim to allocate and protect (that is, reserve) certain customers or transport volumes and to coordinate prices. |
| --- | --- |

(7)

The parties operated a cartel with the overall aim to allocate and protect (that is, reserve) certain customers or transport volumes and to coordinate prices.

| (8) | The cartel was implemented by way of detailed coordination arrangements allowing close monitoring of the agreed customer protection scheme. To achieve this aim the cartel members (i) allocated existing and new customers, (ii) set up a customer protection scheme, including a notification system for new customers, (iii) exchanged confidential information on specific customer requests, (iv) shared transport volumes between them and (v) coordinated prices directly by providing each other with cover bids and discussing prices for specific customers. The cartel members also held trilateral and bilateral meetings and had other contacts by e-mail or phone. |
| --- | --- |

(8)

The cartel was implemented by way of detailed coordination arrangements allowing close monitoring of the agreed customer protection scheme. To achieve this aim the cartel members (i) allocated existing and new customers, (ii) set up a customer protection scheme, including a notification system for new customers, (iii) exchanged confidential information on specific customer requests, (iv) shared transport volumes between them and (v) coordinated prices directly by providing each other with cover bids and discussing prices for specific customers. The cartel members also held trilateral and bilateral meetings and had other contacts by e-mail or phone.

| (9) | The cartel started on 2 July 2004 and lasted until 30 June 2012. The geographic scope of the infringement involving all three parties was Union-wide for its entire duration. |
| --- | --- |

(9)

The cartel started on 2 July 2004 and lasted until 30 June 2012. The geographic scope of the infringement involving all three parties was Union-wide for its entire duration.

2.4.   Remedies

| (10) | The Decision applies the 2006 Guidelines on Fines (8). With the exception of K+N, the Decision imposes fines on all the entities listed under point (5) above. |
| --- | --- |

(10)

The Decision applies the 2006 Guidelines on Fines (8). With the exception of K+N, the Decision imposes fines on all the entities listed under point (5) above.

2.4.1.   Basic amount of the fine

| (11) | In setting the fines, the Commission took into account the undertakings' sales of rail cargo transport services in connection with blocktrains between Central and South-Eastern Europe and operated jointly by K+N, EXIF and Schenker (Balkantrain and Soptrain), including ancillary transport services. |
| --- | --- |

(11)

In setting the fines, the Commission took into account the undertakings' sales of rail cargo transport services in connection with blocktrains between Central and South-Eastern Europe and operated jointly by K+N, EXIF and Schenker (Balkantrain and Soptrain), including ancillary transport services.

| (12) | In this case, the value of sales was clearly not constant over the entire period of the infringement. Based on that and on the information provided by the parties in this respect, an average of each party's relevant sales during the entire infringement period was used, to adequately reflect the considerable volatility of sales during that period and, hence, to take account of the scale of the infringement. |
| --- | --- |

(12)

In this case, the value of sales was clearly not constant over the entire period of the infringement. Based on that and on the information provided by the parties in this respect, an average of each party's relevant sales during the entire infringement period was used, to adequately reflect the considerable volatility of sales during that period and, hence, to take account of the scale of the infringement.

2.4.2.   Adjustments to the basic amount

| (13) | The Commission did not apply any aggravating or mitigating circumstances. |
| --- | --- |

(13)

The Commission did not apply any aggravating or mitigating circumstances.

| (14) | The Commission applied a deterrence multiplier to Schenker to take account of the comparatively large size of that undertaking (DB group). |
| --- | --- |

(14)

The Commission applied a deterrence multiplier to Schenker to take account of the comparatively large size of that undertaking (DB group).

2.4.3.   Application of the 10 % turnover limit

| (15) | In this case, none of the fines calculated exceed 10 % of the respective undertaking's total turnover in 2014. |
| --- | --- |

(15)

In this case, none of the fines calculated exceed 10 % of the respective undertaking's total turnover in 2014.

2.4.4.   Application of the 2006 Leniency Notice: reduction of fines

| (16) | The Commission granted K+N full immunity from fines. EXIF was granted a 45 % reduction of its fine, and Schenker a 30 % reduction of its fine. |
| --- | --- |

(16)

The Commission granted K+N full immunity from fines. EXIF was granted a 45 % reduction of its fine, and Schenker a 30 % reduction of its fine.

2.4.5.   Application of the Settlement Notice

| (17) | As a result of the application of the Settlement Notice, the amount of the fines imposed on the addressees was reduced by 10 %. |
| --- | --- |

(17)

As a result of the application of the Settlement Notice, the amount of the fines imposed on the addressees was reduced by 10 %.

3.   CONCLUSION

| (18) | The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:






  (a) | Kühne + Nagel International AG and Kuehne + Nagel A.E., jointly and severally: EUR 0; |
| --- | --- | --- |

(18)

The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

(a)

Kühne + Nagel International AG and Kuehne + Nagel A.E., jointly and severally: EUR 0;

| (b) | ÖBB-Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics — Austria GmbH and Express Interfracht Hellas A.E., jointly and severally: EUR 17 356 000; |
| --- | --- |

(b)

ÖBB-Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics — Austria GmbH and Express Interfracht Hellas A.E., jointly and severally: EUR 17 356 000;

| (c) | Deutsche Bahn AG, Schenker AG, Schenker & Co AG and Schenker A.E., jointly and severally: EUR 31 798 000. |
| --- | --- |

(c)

Deutsche Bahn AG, Schenker AG, Schenker & Co AG and Schenker A.E., jointly and severally: EUR 31 798 000.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Formerly ‘Express Interfracht Internationale Spedition GmbH’.

(3)  Also known as ‘Express — Interfracht Hellas Societe Anonyme International & National Forwarding & Logistics’.

(4)  Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

(5)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(6)  Blocktrains are a rail cargo shipping method whereby all the waggons are shipped from one hub to another without being split up or stored ‘en route’. This saves time and money as no assembling and disassembling trains at different rail stations is required. Blocktrains are economically more efficient in particular for high-volume customers, thus often the blocktrains carry only one commodity.

(7)  The intrinsic cooperation on upstream services (joint purchasing) necessary to run the blocktrains jointly is not covered by this Decision.

(8)  OJ C 210, 1.9.2006, p. 2.

---

NOTICES FROM MEMBER STATES

| 23.10.2015 | EN | Official Journal of the European Union | C 351/8 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/8

---

Information communicated by Member States regarding closure of fisheries

(2015/C 351/07)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 19.9.2015 |
| --- | --- |
| Duration | 19.9-31.12.2015 |
| Member State | Belgium |
| Stock or Group of stocks | NEP/8ABDE. |
| Species | Norway lobster (Nephrops norvegicus) |
| Zone | VIIIa, VIIIb, VIIId and VIIIe |
| Type(s) of fishing vessels | — |
| Reference number | 51/TQ104 |

Date and time of closure

19.9.2015

Duration

19.9-31.12.2015

Member State

Belgium

Stock or Group of stocks

NEP/8ABDE.

Species

Norway lobster (Nephrops norvegicus)

Zone

VIIIa, VIIIb, VIIId and VIIIe

Type(s) of fishing vessels

—

Reference number

51/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 23.10.2015 | EN | Official Journal of the European Union | C 351/8 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/8

---

Information communicated by Member States regarding closure of fisheries

(2015/C 351/08)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 19.9.2015 |
| --- | --- |
| Duration | 19.9-31.12.2015 |
| Member State | Belgium |
| Stock or Group of stocks | LEZ/8ABDE. |
| Species | Megrims (Lepidorhombus spp.) |
| Zone | VIIIa, VIIIb, VIIId and VIIIe |
| Type(s) of fishing vessels | — |
| Reference number | 50/TQ104 |

Date and time of closure

19.9.2015

Duration

19.9-31.12.2015

Member State

Belgium

Stock or Group of stocks

LEZ/8ABDE.

Species

Megrims (Lepidorhombus spp.)

Zone

VIIIa, VIIIb, VIIId and VIIIe

Type(s) of fishing vessels

—

Reference number

50/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 23.10.2015 | EN | Official Journal of the European Union | C 351/9 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/9

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CALL FOR PROPOSALS

‘Support for information measures relating to the common agricultural policy (CAP)’ for 2016

(2015/C 351/09)

1.   INTRODUCTION — BACKGROUND

This call for proposals is based on Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulation (EEC) No 352/78, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1).

This call for proposals is also governed by Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2) (hereinafter FR) and by the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (3) (hereinafter RAP).

This is a call for proposals for funding information measures within the meaning of Article 45 of Regulation (EU) No 1306/2013 from appropriations in the 2016 budget.

2.   OBJECTIVES, THEME(S) AND TARGET PUBLIC

2.1.   Objectives

The information measures aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives, to inform farmers and other parties active in rural areas and to promote the European model of agriculture, as well as to help citizens understand it.

An information measure is a self-contained and coherent set of information activities organized on the basis of a single budget.

2.2.   Theme

The theme of this call is: The Common Agricultural Policy and the challenges ahead.

The Common Agricultural Policy (CAP) is crucial to long-term food security, and makes a significant contribution to the Commission's top priorities, such as investment, jobs and growth, climate change, internal market, digital single market, and others (4). It contributes to the sustainable development and modernisation of Europe's agriculture and the wider rural economy. It helps address the global challenge of ‘how to produce more, using less’.

2.3.   Target public

The target public is the general public (in particular young people in urban areas) and/or farmers and other parties active in rural areas.

3.   TIMETABLE

| | Stages | Date and time or indicative period |
| --- | --- | --- |
| a) | Publication of the call | October 2015 |
| b) | Deadline for submitting applications | 30 November 2015 |
| c) | Evaluation period | 15 December 2015 – 15 March 2016 |
| d) | Information to applicants | April 2016 |
| e) | Signature of grant agreements | April 2016 |
| f) | Starting date of the measure | 1 May 2016 |

Stages

Date and time or indicative period

a)

Publication of the call

October 2015

b)

Deadline for submitting applications

30 November 2015

c)

Evaluation period

15 December 2015 – 15 March 2016

d)

Information to applicants

April 2016

e)

Signature of grant agreements

April 2016

f)

Starting date of the measure

1 May 2016

4.   BUDGET AVAILABLE

The total budget earmarked for the co-financing of activities is estimated at EUR 2 500 000.

This amount is subject to the availability of the appropriations provided for in the draft budget for 2016 after the adoption of the budget for 2016 by the budgetary authority or provided for in the system of provisional twelfths.

The Commission reserves the right not to distribute all the funds available.

5.   ADMISSIBILITY REQUIREMENTS

| — | Applications must be submitted by post (registered letter, the postmark serving as proof of the date of posting) or courier service (date of receipt by the courier service serving as proof of date of sending) no later than 30 November 2015. |
| --- | --- |

—

Applications must be submitted by post (registered letter, the postmark serving as proof of the date of posting) or courier service (date of receipt by the courier service serving as proof of date of sending) no later than 30 November 2015.

| — | Applications must be submitted in writing (see section 14), using the application and budget forms available at:
  http://ec.europa.eu/agriculture/grants-for-information-measures/ |
| --- | --- |

—

Applications must be submitted in writing (see section 14), using the application and budget forms available at:

http://ec.europa.eu/agriculture/grants-for-information-measures/

| — | Applications must be drafted in one of the EU official languages. Nevertheless, in order to facilitate prompt processing of applications, applicants are encouraged to submit their application in English, French or German; |
| --- | --- |

—

Applications must be drafted in one of the EU official languages. Nevertheless, in order to facilitate prompt processing of applications, applicants are encouraged to submit their application in English, French or German;

| — | Applicants can submit only one application for this call for proposals. |
| --- | --- |

—

Applicants can submit only one application for this call for proposals.

Failure to comply with those requirements will lead to the rejection of the application.

6.   ELIGIBILITY CRITERIA

6.1.   Eligible applicants

The applicant (and its affiliated entities if any) shall be a legal entity established in an EU Member State.

Entities which do not have legal personality under the applicable national law may be eligible applicants, provided that their representatives have the capacity to undertake legal obligations on their behalf, and offer guarantees for the protection of the Union's financial interests equivalent to that offered by legal persons and provide evidence that they have financial and operational capacity equivalent to that of legal persons.

Supporting documents should be provided with the application form.

Natural persons, as well as entities established for the sole purpose of the implementation of an information measure within this call for proposals are not eligible applicants.

Examples of eligible organisations:

| — | non-profit organisations (private or public), |
| --- | --- |

—

non-profit organisations (private or public),

| — | public authorities (national, regional, local), |
| --- | --- |

—

public authorities (national, regional, local),

| — | European associations, |
| --- | --- |

—

European associations,

| — | universities, |
| --- | --- |

—

universities,

| — | educational institutions, |
| --- | --- |

—

educational institutions,

| — | research centers, |
| --- | --- |

—

research centers,

| — | companies (for instance communication media companies). |
| --- | --- |

—

companies (for instance communication media companies).

Legal entities having a legal or capital link with applicants, which is neither limited to the information measure nor established for the sole purpose of its implementation (e.g. members of networks, federations, trade-unions), may take part in the information measure as affiliated entities, and may declare eligible costs as specified in section 11.2.

The legal and capital link should be neither limited to the information measure nor established for the sole purpose of its implementation. This means that the link would exist independently of the award of the grant; it should exist before the call for proposals and remain valid after the end of the information measure.

The legal and capital link defining the affiliation encompasses three notions:

| (i) | Control, as defined in Directive 2013/34/EU of the European Parliament and of the Council (5) on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.
  Entities affiliated to a beneficiary may hence be:






  — | Entities directly or indirectly controlled by the beneficiary (daughter companies or first-tier subsidiaries). They may also be entities controlled by an entity controlled by the beneficiary (granddaughter companies or second-tier subsidiaries) and the same applies to further tiers of control, |
| --- | --- | --- |

(i)

Control, as defined in Directive 2013/34/EU of the European Parliament and of the Council (5) on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.

Entities affiliated to a beneficiary may hence be:

—

Entities directly or indirectly controlled by the beneficiary (daughter companies or first-tier subsidiaries). They may also be entities controlled by an entity controlled by the beneficiary (granddaughter companies or second-tier subsidiaries) and the same applies to further tiers of control,

| — | Entities directly or indirectly controlling the beneficiary (parent companies). Likewise, they may be entities controlling an entity controlling the beneficiary, |
| --- | --- |

—

Entities directly or indirectly controlling the beneficiary (parent companies). Likewise, they may be entities controlling an entity controlling the beneficiary,

| — | Entities under the same direct or indirect control as the beneficiary (sister companies). |
| --- | --- |

—

Entities under the same direct or indirect control as the beneficiary (sister companies).

| (ii) | Membership, i.e. the beneficiary is legally defined as a, e.g. network, federation, association in which the proposed affiliated entities also participate or the beneficiary participates in the same entity (e.g. network, federation, association) as the proposed affiliated entities. |
| --- | --- |

(ii)

Membership, i.e. the beneficiary is legally defined as a, e.g. network, federation, association in which the proposed affiliated entities also participate or the beneficiary participates in the same entity (e.g. network, federation, association) as the proposed affiliated entities.

| (iii) | The specific case of public bodies and publicly owned entities
  Publicly owned entities and public bodies (entities established as such under national, European or international law) are not always considered as affiliated entities (for example, public universities or research centers). |
| --- | --- |

(iii)

The specific case of public bodies and publicly owned entities

Publicly owned entities and public bodies (entities established as such under national, European or international law) are not always considered as affiliated entities (for example, public universities or research centers).

The notion of affiliation in the public sphere covers:

| — | The different levels of the administrative structure in the case of decentralised administration (e.g. national, regional or local ministries (in the case of separate legal entities) can be considered as affiliated to the State; |
| --- | --- |

—

The different levels of the administrative structure in the case of decentralised administration (e.g. national, regional or local ministries (in the case of separate legal entities) can be considered as affiliated to the State;

| — | A public body established by a public authority to serve an administrative purpose and which is supervised by the public authority. This condition is to be verified on the basis of the statutes or other acts establishing the public body. It does not necessarily entail that the public body is financed, in full or in part, from the public budget (e.g. national schools affiliated to the State). |
| --- | --- |

—

A public body established by a public authority to serve an administrative purpose and which is supervised by the public authority. This condition is to be verified on the basis of the statutes or other acts establishing the public body. It does not necessarily entail that the public body is financed, in full or in part, from the public budget (e.g. national schools affiliated to the State).

The following are not entities affiliated to a beneficiary:

| — | Entities that have entered into a (procurement) contract or subcontract with the beneficiary, act as concessionaires or delegates for public services for the beneficiary, |
| --- | --- |

—

Entities that have entered into a (procurement) contract or subcontract with the beneficiary, act as concessionaires or delegates for public services for the beneficiary,

| — | Entities that receive financial support from the beneficiary, |
| --- | --- |

—

Entities that receive financial support from the beneficiary,

| — | Entities that cooperate on a regular basis with the beneficiary on the basis of a memorandum of understanding or share some assets, |
| --- | --- |

—

Entities that cooperate on a regular basis with the beneficiary on the basis of a memorandum of understanding or share some assets,

| — | Entities that have signed a consortium agreement under the grant agreement. |
| --- | --- |

—

Entities that have signed a consortium agreement under the grant agreement.

If affiliated entities take part in the information measure, the application shall:

| — | identify such affiliated entities in the application form, |
| --- | --- |

—

identify such affiliated entities in the application form,

| — | contain the written agreement of the affiliated entities, |
| --- | --- |

—

contain the written agreement of the affiliated entities,

| — | provide the supporting documents allowing verification of their complying with the eligibility and non-exclusion criteria. |
| --- | --- |

—

provide the supporting documents allowing verification of their complying with the eligibility and non-exclusion criteria.

In order to assess the applicants' eligibility, the following supporting documents are requested for the applicant and its affiliated entities:

| Document | Description | Observations |
| --- | --- | --- |
| Document A | a copy of the articles of association/founding act/statutes or equivalent | |
| Document B | a copy of the certificate of official registration or other official document attesting the establishment of the entity | |
| Document C (where relevant) | a document certifying a capital or legal link with the applicant. | For affiliated entities |

Document

Description

Observations

Document A

a copy of the articles of association/founding act/statutes or equivalent

Document B

a copy of the certificate of official registration or other official document attesting the establishment of the entity

Document C (where relevant)

a document certifying a capital or legal link with the applicant.

For affiliated entities

Entities without legal personality should submit the documents listed above. Where the documents listed above cannot be provided, they must be substantiated by any document deemed relevant.

In addition, they must provide a document certifying that their legal representatives have the capacity to undertake legal obligations on their behalf.

6.2.   Eligible activities and implementation period under this call for proposals

A.   The information measures should be implemented:

| — | at multiregional or national level; |
| --- | --- |

—

at multiregional or national level;

| — | at European level (with impact in several Member States). |
| --- | --- |

—

at European level (with impact in several Member States).

B.   The information measures should include one or several activities such as (the list is not exhaustive):

| — | Production and distribution of multimedia or audiovisual material, |
| --- | --- |

—

Production and distribution of multimedia or audiovisual material,

| — | Production and distribution of printed material (publications, posters, etc.), |
| --- | --- |

—

Production and distribution of printed material (publications, posters, etc.),

| — | Setting up online and social network tools, |
| --- | --- |

—

Setting up online and social network tools,

| — | Media events, |
| --- | --- |

—

Media events,

| — | Conferences, seminars, workshops (preferably web streamed) and studies on CAP related issues, |
| --- | --- |

—

Conferences, seminars, workshops (preferably web streamed) and studies on CAP related issues,

| — | Events of a ‘city farm’ nature which help to explain the importance of agriculture to the urban population, |
| --- | --- |

—

Events of a ‘city farm’ nature which help to explain the importance of agriculture to the urban population,

| — | Events of an ‘open farm’ nature which aim to showcase to citizens the role of agriculture (eg best practices, innovation projects) |
| --- | --- |

—

Events of an ‘open farm’ nature which aim to showcase to citizens the role of agriculture (eg best practices, innovation projects)

| — | Static or mobile exhibitions or information points. |
| --- | --- |

—

Static or mobile exhibitions or information points.

C.   The following activities are not eligible:

| — | measures required by law, |
| --- | --- |

—

measures required by law,

| — | measures receiving EU financing under another budget line, |
| --- | --- |

—

measures receiving EU financing under another budget line,

| — | general or statutory meetings, |
| --- | --- |

—

general or statutory meetings,

| — | activities implemented at local level |
| --- | --- |

—

activities implemented at local level

D.   Indicative implementation period of the information measures

| — | 1 May 2016 – 30 April 2017. |
| --- | --- |

—

1 May 2016 – 30 April 2017.

7.   EXCLUSION CRITERIA

7.1.   Exclusion from participation

Applicants will be excluded from participation in the call for proposals if they are in any of the following situations:

| (a) | they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; |
| --- | --- |

(a)

they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

| (b) | they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata; |
| --- | --- |

(b)

they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata;

| (c) | they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations; |
| --- | --- |

(c)

they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;

| (d) | they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country of the RAO (Responsible Authorising Officer) or those of the country where the grant agreement is to be performed; |
| --- | --- |

(d)

they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country of the RAO (Responsible Authorising Officer) or those of the country where the grant agreement is to be performed;

| (e) | they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such an illegal activity is detrimental to the Union's financial interests; |
| --- | --- |

(e)

they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such an illegal activity is detrimental to the Union's financial interests;

| (f) | they are currently subject to an administrative penalty referred to in Article 109(1). |
| --- | --- |

(f)

they are currently subject to an administrative penalty referred to in Article 109(1).

7.2.   Exclusion from award

Applicants will not be granted financial assistance if, in the course of the grant award procedure, they:

| (a) | are subject to a conflict of interest; |
| --- | --- |

(a)

are subject to a conflict of interest;

| (b) | are guilty of misrepresentation in supplying the information required by the Commission as a condition of participation in the grant award procedure or fail to supply this information; |
| --- | --- |

(b)

are guilty of misrepresentation in supplying the information required by the Commission as a condition of participation in the grant award procedure or fail to supply this information;

| (c) | find themselves in one of the situations of exclusion, referred to in section 7.1. |
| --- | --- |

(c)

find themselves in one of the situations of exclusion, referred to in section 7.1.

The same exclusion criteria from participation apply to affiliated entities.

Administrative and financial penalties may be imposed on applicants, or affiliated entities where applicable, who are guilty of misrepresentation.

7.3.   Supporting documents

Applicants and affiliated entities must sign a declaration on their honour certifying that they are not in one of the situations referred to in Article 106(1) and Articles 107 to 109 of the Financial Regulation, filling in the relevant form attached to the application form accompanying the call for proposals and available at:

http://ec.europa.eu/agriculture/grants-for-information-measures/

According to Article 185 RAP and Article 131.4 FR, such certification is not required for low value grants, i.e. ≤ EUR 60 000, or when such certification has recently been provided in another award procedure.

8.   SELECTION CRITERIA

8.1.   Financial capacity

Applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the information measure is being carried out or the year for which the grant is awarded and to participate in its funding. The applicants' financial capacity will be assessed on the basis of the following supporting documents to be submitted with the application:

Low value grants (≤ EUR 60 000):

| — | a declaration on their honour. |
| --- | --- |

—

a declaration on their honour.

Grants > EUR 60 000:

| — | a declaration on their honour and |
| --- | --- |

—

a declaration on their honour and

| — | the profit and loss account, the balance sheet for the last financial year for which the accounts were closed, |
| --- | --- |

—

the profit and loss account, the balance sheet for the last financial year for which the accounts were closed,

| — | for newly created entities, a business plan might replace the above documents, |
| --- | --- |

—

for newly created entities, a business plan might replace the above documents,

Entities without legal personality must provide evidence that they have financial capacity equivalent to that of legal persons.

The verification of financial capacity shall not apply to public bodies. Therefore the above mentioned documents should not be provided if the applicant is a public body.

On the basis of the documents submitted, if the AOSD (Authorising Officer by Subdelegation) considers that financial capacity is not satisfactory, he may:

| — | request further information, |
| --- | --- |

—

request further information,

| — | reject the application. |
| --- | --- |

—

reject the application.

8.2.   Operational capacity

Applicants must have the professional competencies as well as the appropriate qualifications necessary to complete the proposed information measure.

In this respect, applicants have to submit the following supporting documents:

| — | curriculum vitae or description of the profile of the people primarily responsible for managing and implementing the information measure, |
| --- | --- |

—

curriculum vitae or description of the profile of the people primarily responsible for managing and implementing the information measure,

| — | the organisation's activity reports of the last two years, |
| --- | --- |

—

the organisation's activity reports of the last two years,

| — | a list of previous projects and activities performed and connected to the policy field of the call or to the activities to be carried out in the last two years. |
| --- | --- |

—

a list of previous projects and activities performed and connected to the policy field of the call or to the activities to be carried out in the last two years.

Entities without legal personality must provide evidence that they have operational capacity equivalent to that of legal persons.

9.   AWARD CRITERIA

The different communication tools and activities included in the information measure should be interconnected, clear in their conceptual approach and in the results to be achieved. They should also have a significant impact that can be measured through relevant indicators referred to in section 11.4.

Applications will be assessed on the basis of the following criteria:

| 1. | The relevance of the measure: the ex-ante analysis of the needs and the specific, measurable, attainable and relevant objectives. (25 points) |
| --- | --- |

1.

The relevance of the measure: the ex-ante analysis of the needs and the specific, measurable, attainable and relevant objectives. (25 points)

| 2. | The effectiveness of the measure: theme, messages and target public, detailed programme, timetable and ex-post evaluation methodology. (25 points) |
| --- | --- |

2.

The effectiveness of the measure: theme, messages and target public, detailed programme, timetable and ex-post evaluation methodology. (25 points)

| 3. | The efficiency of the measure: the cost-effectiveness in terms of the proposed resources. (25 points) |
| --- | --- |

3.

The efficiency of the measure: the cost-effectiveness in terms of the proposed resources. (25 points)

| 4. | The quality of the project management: the quality of the procedures and of the allocation of tasks in view of implementing the various activities of the proposed measure. (25 points) |
| --- | --- |

4.

The quality of the project management: the quality of the procedures and of the allocation of tasks in view of implementing the various activities of the proposed measure. (25 points)

10.   LEGAL COMMITMENTS

In the event of a grant awarded by the Commission, a grant agreement, drawn up in euros and detailing the conditions and level of funding, will be sent to the beneficiary, as well as the procedure in view to formalise the obligations of the parties.

The two copies of the original grant agreement must be signed first by the beneficiary and returned to the Commission immediately. The Commission will sign it last.

Please note that the award of a grant does not establish an entitlement for subsequent years.

11.   FINANCIAL PROVISIONS

11.1.   General Principles

a)   Non-cumulative award

An information measure may only receive one grant from the EU budget.

In no circumstances shall the same costs be financed twice by the Union budget. To ensure this, applicants shall indicate the sources and amounts of Union funding received or applied for the same information measure or part of the information measure or for its functioning during the same financial year as well as any other funding received or applied for the same information measure.

b)   Non-retroactivity

No grant may be awarded retrospectively for activities already completed.

A grant may be awarded for an information measure which has already begun only where the applicant can demonstrate the need to start the information measure before the grant agreement is signed.

In such cases, costs eligible for financing may not have been incurred prior to the date of submission of the grant application

c)   Co-financing

Co-financing means that the resources which are necessary to carry out the activities may not be entirely provided by the EU grant.

Co-financing of the information measure may take the form of:

| — | the beneficiary's own resources, |
| --- | --- |

—

the beneficiary's own resources,

| — | income generated by the information measure, |
| --- | --- |

—

income generated by the information measure,

| — | financial contributions from third parties. |
| --- | --- |

—

financial contributions from third parties.

d)   Balanced budget

The estimated budget of the information measure is to be attached to the application form.

It must:

| — | Be drawn up in euros. Applicants which foresee that costs will not be incurred in euros, are obliged to use the exchange rate published on the Infor-euro website available at:
  http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm |
| --- | --- |

—

Be drawn up in euros. Applicants which foresee that costs will not be incurred in euros, are obliged to use the exchange rate published on the Infor-euro website available at:

http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm

| — | Have revenue and expenditure in balance, |
| --- | --- |

—

Have revenue and expenditure in balance,

| — | Be drawn up using a detailed estimate of costs and the relevant explanations in the column ‘comments’; no flat-rate amounts (except for the flat-rates mentioned in section 11.2) or lump-sums will be accepted, |
| --- | --- |

—

Be drawn up using a detailed estimate of costs and the relevant explanations in the column ‘comments’; no flat-rate amounts (except for the flat-rates mentioned in section 11.2) or lump-sums will be accepted,

| — | Respect the maximum amounts established by the Commission for certain kinds of expenditure (see the relevant documents available in:
  http://ec.europa.eu/agriculture/grants-for-information-measures/), |
| --- | --- |

—

Respect the maximum amounts established by the Commission for certain kinds of expenditure (see the relevant documents available in:

http://ec.europa.eu/agriculture/grants-for-information-measures/),

| — | Be presented exclusive of VAT if the applicant is subject to and entitled to deduct VAT or if the applicant is an institution under public law, |
| --- | --- |

—

Be presented exclusive of VAT if the applicant is subject to and entitled to deduct VAT or if the applicant is an institution under public law,

| — | Enter on the income part the direct contribution from the applicant, the requested Commission funding, and (if applicable) details of any contributions from other fund providers, as well as any revenue generated by the project, including, where appropriate, the fees required of participants. |
| --- | --- |

—

Enter on the income part the direct contribution from the applicant, the requested Commission funding, and (if applicable) details of any contributions from other fund providers, as well as any revenue generated by the project, including, where appropriate, the fees required of participants.

e)   Implementation contracts/subcontracting

Where the implementation of the information measure requires the award of procurement contracts (implementation contracts), the beneficiary must award the contract to the bid offering the best value for money or the lowest price (as appropriate), avoiding conflicts of interests and retain the documentation in the event of an audit.

In the event of procurement exceeding EUR 60 000, the beneficiary must abide by special rules as referred to in the grant agreement annexed to the call. Moreover the beneficiary is expected to clearly document the tendering procedure and retain the documentation in the event of an audit.

Entities acting in their capacity of contracting authorities in the meaning of Directive 2014/24/EU of the European Parliament and of the Council (6) or contracting entities in the meaning of Directive 2014/25/EU of the European Parliament and of the Council (7) shall abide by the applicable national public procurement rules.

Sub-contracting, i.e. the externalisation of specific tasks or activities which form part of the information measure as described in the proposal must satisfy the conditions applicable to any implementation contract (as specified above) and in addition to them the following conditions:

| — | it may only cover the implementation of a limited part of the information measure, |
| --- | --- |

—

it may only cover the implementation of a limited part of the information measure,

| — | it must be justified having regard to the nature of the information measure and what is necessary for its implementation, |
| --- | --- |

—

it must be justified having regard to the nature of the information measure and what is necessary for its implementation,

| — | it must be clearly stated in the application. |
| --- | --- |

—

it must be clearly stated in the application.

f)   Financial support to third parties

The applications may not envisage provision of financial support to third parties.

11.2.   Funding

Funding shall take the form of a mixed financing composed of:

| — | a reimbursement of maximum 50 % of the eligible direct costs actually incurred, |
| --- | --- |

—

a reimbursement of maximum 50 % of the eligible direct costs actually incurred,

| — | a flat-rate contribution of 7 % of the total eligible direct costs of the information measure is eligible under indirect costs, representing the beneficiary's general administrative costs which can be regarded as chargeable to the information measure. |
| --- | --- |

—

a flat-rate contribution of 7 % of the total eligible direct costs of the information measure is eligible under indirect costs, representing the beneficiary's general administrative costs which can be regarded as chargeable to the information measure.

In the case of organisations receiving an operating grant for the period of the implementation of the information measure, indirect costs are not eligible.

The same is valid for the cost of personnel already covered by an operating grant.

Grant amount

The grant amount (including the flat-rate for indirect costs) will be between EUR 50 000 and EUR 300 000.

The above implies that part of the total eligible expenses of the information measure must be financed by the beneficiary or covered by contributions other than those from the EU.

(see section 11.1(c)).

Eligible costs

Eligible costs are costs actually incurred by the beneficiary of a grant which meet all the following criteria:

| — | they are incurred during the duration of the information measure, with the exception of costs relating to final reports. The period of eligibility of costs will start as specified in the grant agreement.
  If a beneficiary can demonstrate the need to start the information measure before the agreement is signed, expenditure may be authorised before the grant is awarded. Under no circumstances can the eligibility period start before the date of submission of the grant application (see section 11.1b), |
| --- | --- |

—

they are incurred during the duration of the information measure, with the exception of costs relating to final reports. The period of eligibility of costs will start as specified in the grant agreement.

If a beneficiary can demonstrate the need to start the information measure before the agreement is signed, expenditure may be authorised before the grant is awarded. Under no circumstances can the eligibility period start before the date of submission of the grant application (see section 11.1b),

| — | they are indicated in the estimated budget of the information measure, |
| --- | --- |

—

they are indicated in the estimated budget of the information measure,

| — | they are necessary for the implementation of the information measure which is the subject of the grant, |
| --- | --- |

—

they are necessary for the implementation of the information measure which is the subject of the grant,

| — | they are identifiable and verifiable, in particular being recorded in the accounting records of the beneficiary and determined according to the applicable accounting standards of the country where the beneficiary is established and according to the usual cost accounting practices of the beneficiary, |
| --- | --- |

—

they are identifiable and verifiable, in particular being recorded in the accounting records of the beneficiary and determined according to the applicable accounting standards of the country where the beneficiary is established and according to the usual cost accounting practices of the beneficiary,

| — | they comply with the requirements of applicable tax and social legislation, |
| --- | --- |

—

they comply with the requirements of applicable tax and social legislation,

| — | they are reasonable, justified, and comply with the requirements of sound financial management, in particular regarding economy and efficiency. |
| --- | --- |

—

they are reasonable, justified, and comply with the requirements of sound financial management, in particular regarding economy and efficiency.

The beneficiary's internal accounting and auditing procedures must permit direct reconciliation of the costs and revenue declared in respect of the information measure with the corresponding accounting statements and supporting documents.

The same criteria apply to the affiliated entities.

Eligible direct costs

The eligible direct costs for the information measure are those costs which, with due regard for the conditions of eligibility set out above, are identifiable as specific costs directly linked to the performance of the information measure and which can therefore be booked to it directly, such as:

| — | the costs of personnel working under an employment contract with the applicant or equivalent appointing act and assigned to the information measure, comprising actual salaries plus social security contributions and other statutory costs included in the remuneration, provided that these costs are in line with the applicant's usual policy on remuneration. Those costs may include additional remuneration, including payments on the basis of supplementary contracts regardless of their nature, provided that it is paid in a consistent manner whenever the same kind of work or expertise is required and independently from the source of funding used. Costs of personnel of national administrations are also eligible to the extent that they relate to the costs of activities which the relevant public authority would not carry out if the project concerned were not undertaken, |
| --- | --- |

—

the costs of personnel working under an employment contract with the applicant or equivalent appointing act and assigned to the information measure, comprising actual salaries plus social security contributions and other statutory costs included in the remuneration, provided that these costs are in line with the applicant's usual policy on remuneration. Those costs may include additional remuneration, including payments on the basis of supplementary contracts regardless of their nature, provided that it is paid in a consistent manner whenever the same kind of work or expertise is required and independently from the source of funding used. Costs of personnel of national administrations are also eligible to the extent that they relate to the costs of activities which the relevant public authority would not carry out if the project concerned were not undertaken,

| — | costs of travel (for meetings, including kick-off meetings where applicable, conferences etc.), provided that these costs are in line with the beneficiary's usual practice on travel, |
| --- | --- |

—

costs of travel (for meetings, including kick-off meetings where applicable, conferences etc.), provided that these costs are in line with the beneficiary's usual practice on travel,

| — | costs entailed by implementation contracts awarded by the beneficiaries for the purposes of carrying out the information measure, provided that the conditions laid down in the grant agreement are met, |
| --- | --- |

—

costs entailed by implementation contracts awarded by the beneficiaries for the purposes of carrying out the information measure, provided that the conditions laid down in the grant agreement are met,

| — | costs arising directly from requirements linked to the implementation of the information measure (dissemination of information, specific evaluation of the information measure, translations, reproduction). |
| --- | --- |

—

costs arising directly from requirements linked to the implementation of the information measure (dissemination of information, specific evaluation of the information measure, translations, reproduction).

Annex V to the draft grant agreement attached to the present call provides a list of supporting documents for eligible costs and the supporting documents required with the final report.

Eligible indirect costs (overheads)

A flat-rate amount of 7 % of the total eligible direct costs of the information measure, is eligible under indirect costs, representing the beneficiary's general administrative costs which can be regarded as chargeable to the information measure.

Indirect costs may not include costs entered under another budget heading.

Ineligible costs

The following costs shall not be considered eligible:

| — | contributions in kind, |
| --- | --- |

—

contributions in kind,

| — | costs connected with the purchase of new or second-hand equipment, |
| --- | --- |

—

costs connected with the purchase of new or second-hand equipment,

| — | costs relating to the depreciation of equipment, |
| --- | --- |

—

costs relating to the depreciation of equipment,

| — | VAT, unless beneficiaries prove that they cannot recover it under the relevant national legislation. However, VAT paid by bodies governed by public law is not eligible, |
| --- | --- |

—

VAT, unless beneficiaries prove that they cannot recover it under the relevant national legislation. However, VAT paid by bodies governed by public law is not eligible,

| — | return on capital, |
| --- | --- |

—

return on capital,

| — | debt and debt-service charges, |
| --- | --- |

—

debt and debt-service charges,

| — | provision for losses or debts, |
| --- | --- |

—

provision for losses or debts,

| — | interest owed, |
| --- | --- |

—

interest owed,

| — | dubious debts, |
| --- | --- |

—

dubious debts,

| — | costs of transfers from the Commission charged by the bank to the beneficiary, |
| --- | --- |

—

costs of transfers from the Commission charged by the bank to the beneficiary,

| — | exchange losses, |
| --- | --- |

—

exchange losses,

| — | costs declared by the beneficiary and covered by another information measure receiving an EU grant, |
| --- | --- |

—

costs declared by the beneficiary and covered by another information measure receiving an EU grant,

| — | excessive or reckless expenditure. |
| --- | --- |

—

excessive or reckless expenditure.

Calculation of the final grant amount

The final amount of the grant to be awarded to the beneficiary is established after completion of the information measure, upon approval of the request for payment containing the following documents including relevant supporting documents where appropriate:

| — | a final technical report providing details of the implementation and results of the information measure with relevant supporting documents, |
| --- | --- |

—

a final technical report providing details of the implementation and results of the information measure with relevant supporting documents,

| — | the final financial statement of costs actually incurred with relevant supporting documents (see Annex V to the draft grant agreement attached to this call). |
| --- | --- |

—

the final financial statement of costs actually incurred with relevant supporting documents (see Annex V to the draft grant agreement attached to this call).

EU grants may not have the purpose or effect of producing a profit within the framework of the information measure of the beneficiary. Profit shall be defined as a surplus of the receipts over the eligible costs incurred by the beneficiary, when the request is made for payment of the balance. In this respect, where a profit is made, the Commission shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary to carry out the information measure.

11.3.   Reporting periods and payment arrangements

Sole reporting period from the entry into force of the Agreement to the end of the period set out in Article I.2.2 of the grant agreement.

There shall be no advance and no interim payment. Only the final payment shall be paid to the beneficiary. The final payment shall not exceed the maximum amount specified in Article I.3. of the grant agreement.

12.   PUBLICITY

12.1.   By the beneficiaries

Beneficiaries must clearly acknowledge the European Union's contribution in all publications or in conjunction with activities for which the grant is used. In addition, beneficiaries must use a disclaimer stating that the EU is not responsible for the views expressed in the publications and/or in conjunction with the activities for which the grant is used.

In this respect, beneficiaries are required to give sufficient visibility to the name and emblem of the European Union on all their publications, posters, programmes and other activities realised under the co-financed information measure.

To do this, they must use the text and the emblem of the European Union and the disclaimer, all of them available at:

http://ec.europa.eu/agriculture/grants-for-information-measures/

If this requirement is not complied with, the beneficiary's grant may be proportionally reduced, in accordance with the provisions of the grant agreement and taking into account the requirement to give sufficient visibility to the name and emblem of the European Union on the activities realised under the co-financed information measure.

12.2.   By the Commission

All information relating to grants awarded in the course of a financial year shall be published on an internet site of the European Union institutions no later than the 30 June of the year following the financial year in which the grants were awarded.

The Commission will publish the following information:

| — | name of the beneficiary, |
| --- | --- |

—

name of the beneficiary,

| — | address of the beneficiary, |
| --- | --- |

—

address of the beneficiary,

| — | subject of the grant, |
| --- | --- |

—

subject of the grant,

| — | amount awarded. |
| --- | --- |

—

amount awarded.

Upon a reasoned and duly substantiated request by the beneficiary, the publication shall be waived if such disclosure risks threatening the rights and freedoms of individuals concerned as protected by the Charter of Fundamental Rights of the European Union or harms the commercial interests of the beneficiaries.

13.   DATA PROTECTION

The reply to any call for proposals involves the recording and processing of personal data (such as name, address and CV). Such data will be processed pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8). Unless indicated otherwise, the questions and any personal data requested are required to evaluate the application in accordance with the specifications of the call for proposal will be processed solely for that purpose by [entity acting as data controller]. Details concerning the processing of personal data are available on the privacy statement at:

http://ec.europa.eu/dataprotectionofficer/privacystatement_publicprocurement_en.pdf

Personal data may be registered in the Early Warning System (EWS) only or both in the EWS and Central Exclusion Database (CED) by the Accounting Officer of the Commission, should the beneficiary be in one of the situations mentioned in:

| — | the Commission Decision 2014/792/EU of 13 November 2014 on the Early Warning System not to be used by authorising officers of the Commission and by the executive agencies (9) (for more information see the Privacy Statement on: http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm),
  or |
| --- | --- |

—

the Commission Decision 2014/792/EU of 13 November 2014 on the Early Warning System not to be used by authorising officers of the Commission and by the executive agencies (9) (for more information see the Privacy Statement on: http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm),

or

| — | the Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the Central Exclusion Database (10) (for more information see the Privacy Statement on: http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm) |
| --- | --- |

—

the Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the Central Exclusion Database (10) (for more information see the Privacy Statement on: http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm)

14.   PROCEDURE FOR THE SUBMISSION OF PROPOSALS

Proposals must be submitted in accordance with the formal requirements and by the deadline set out under section 5.

No modification to the application is allowed once the deadline for submission has elapsed. However, where, due to an obvious clerical error on the part of the applicant, the applicant omits to submit evidence or to make statements, the Commission shall ask the applicant to provide the missing information or clarify supporting documents during the evaluation process. Such information or clarification shall not substantially change the proposal.

Applicants will be informed in writing about the results of the evaluation process concerning their application.

The proposals shall be submitted on paper

Application forms are available at:

http://ec.europa.eu/agriculture/grants-for-information-measures/

Applications shall be submitted on the correct form, duly completed, dated, showing a balanced budget (revenue/expenditure), and signed by the person authorised to enter into legally binding commitments on behalf of the applicant organisation.

Where applicable, all additional information considered necessary by the applicant can be included on separate sheets.

Applications must be sent to the following address:

| European Commission Unit AGRI. E.5 |
| --- |
| Call for proposals 2015/C 351/09 |
| To the attention of Head of Unit |
| L130 4/149 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission Unit AGRI. E.5

Call for proposals 2015/C 351/09

To the attention of Head of Unit

L130 4/149

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

| — | by post, date of receipt by the post indicated by the postmark, |
| --- | --- |

—

by post, date of receipt by the post indicated by the postmark,

| — | by courier service, date of receipt by the courier service indicated. |
| --- | --- |

—

by courier service, date of receipt by the courier service indicated.

The admissibility of applications will be evaluated on the basis of submission on paper.

Contacts

If you have any questions about the call, you can send them by e-mail to agri-grants@ec.europa.eu. The deadline for the submission of questions is 13 November 2015 at 24.00.

The most relevant questions and answers will be published in: http://ec.europa.eu/agriculture/grants-for-information-measures/

15.   EVALUATION PROCEDURE

Applications having complied with the admissibility requirements will be examined in the light of the different criteria according to the following sequence:

| 1. | The evaluation committee shall first examine the applications in the light of the exclusion criteria (see section 7 of the call); |
| --- | --- |

1.

The evaluation committee shall first examine the applications in the light of the exclusion criteria (see section 7 of the call);

| 2. | The evaluation committee will then examine the applications in the light of the selection criteria (see section 8 of the call); |
| --- | --- |

2.

The evaluation committee will then examine the applications in the light of the selection criteria (see section 8 of the call);

| 3. | The evaluation committee will subsequently examine the applications having succeeded the previous phases in the light of the award criteria (see section 9 of the call); |
| --- | --- |

3.

The evaluation committee will subsequently examine the applications having succeeded the previous phases in the light of the award criteria (see section 9 of the call);

| 4. | Finally, the evaluation committee will examine the applications in the light of the eligibility criteria (see section 6 of the call). |
| --- | --- |

4.

Finally, the evaluation committee will examine the applications in the light of the eligibility criteria (see section 6 of the call).

Applications must score minimum 60 % in total. Applications that do not reach the minimum quality thresholds will be rejected.

Following the evaluation of applications, the Commission will establish a ranking list including all applications with a qualifying score.

From the list above, the Commission will draw up a list of applications for possible funding, and eventually a reserve list depending on the budget available for this call.

16.   ANNEXES

| — | Application form (with the checklist of documents to be provided), available at http://ec.europa.eu/agriculture/grants-for-information-measures/ |
| --- | --- |

—

Application form (with the checklist of documents to be provided), available at http://ec.europa.eu/agriculture/grants-for-information-measures/

| — | Model of grant agreement, available at: http://ec.europa.eu/agriculture/grants-for-information-measures/ |
| --- | --- |

—

Model of grant agreement, available at: http://ec.europa.eu/agriculture/grants-for-information-measures/

---

(1)  OJ L 347, 20.12.2013, p. 549.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  OJ L 362, 31.12.2012, p. 1.

(4)  http://ec.europa.eu/index_en.htm

(5)  OJ L 182, 29.6.2013, p. 19.

(6)  OJ L 94, 28.3.2014, p. 65.

(7)  OJ L 94, 28.3.2014, p. 243.

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

(9)  OJ L 329, 14.11.2014, p. 68.

(10)  OJ L 344, 20.12.2008, p. 12.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 23.10.2015 | EN | Official Journal of the European Union | C 351/22 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/22

---

Prior notification of a concentration

(Case M.7805 — Apollo Capital Management/RBH/LRG Finance)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 351/10)

| 1. | On 16 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which affiliates of Apollo Capital Management, LP (together ‘Apollo’, USA) and Redefine BDL Hotels UK Limited (‘RBH’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of LRG Finance Limited (‘LRG Group’, United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 16 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which affiliates of Apollo Capital Management, LP (together ‘Apollo’, USA) and Redefine BDL Hotels UK Limited (‘RBH’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of LRG Finance Limited (‘LRG Group’, United Kingdom) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Apollo: investing in various businesses throughout the world including, inter alia, companies in the chemical, real estate, insurance, paper, and television production businesses,
  —   for RBH: managing a portfolio of 70 hotels ranging from branded to private label hotel properties. RBH manages a variety of international hotel brands, including IHG, Hilton, Starwood, Accor, Marriott and Wyndham,
  —   for LRG Group: operating a portfolio of hotels in the United Kingdom, including within London, around Heathrow and the M4 corridor, and in key regional cities (including Edinburgh, Manchester, Glasgow, Birmingham and Cardiff) |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Apollo: investing in various businesses throughout the world including, inter alia, companies in the chemical, real estate, insurance, paper, and television production businesses,

—   for RBH: managing a portfolio of 70 hotels ranging from branded to private label hotel properties. RBH manages a variety of international hotel brands, including IHG, Hilton, Starwood, Accor, Marriott and Wyndham,

—   for LRG Group: operating a portfolio of hotels in the United Kingdom, including within London, around Heathrow and the M4 corridor, and in key regional cities (including Edinburgh, Manchester, Glasgow, Birmingham and Cardiff)

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7805 — Apollo Capital Management/RBH/LRG Finance, to the following address: |
| --- | --- |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7805 — Apollo Capital Management/RBH/LRG Finance, to the following 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’).

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

---

| 23.10.2015 | EN | Official Journal of the European Union | C 351/23 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/23

---

Prior notification of a concentration

(Case M.7745 — Fortum/Lietuvos Energija/JV)

(Text with EEA relevance)

(2015/C 351/11)

| 1. | On 16 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings UAB Fortum Heat Lietuva of Lithuania, controlled by Fortum Corporation of Finland (‘Fortum’) and Lietuvos Energija UAB of Lithuania (‘LE’) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of UAB Kauno Kogeneracine Jegaine of Lithuania (‘JV’) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 16 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings UAB Fortum Heat Lietuva of Lithuania, controlled by Fortum Corporation of Finland (‘Fortum’) and Lietuvos Energija UAB of Lithuania (‘LE’) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of UAB Kauno Kogeneracine Jegaine of Lithuania (‘JV’) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for Fortum: the generation and sale of electricity and heat, as well as related services, in the Nordic Countries and other areas of the Baltic region.
  —   for LE: the generation and supply of power and heat as well as the trade and distribution of electricity and gas in Lithuania and in the Baltic region.
  —   for JV: the generation and supply of electricity and heat on the Kaunas district heating network in Lithuania. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Fortum: the generation and sale of electricity and heat, as well as related services, in the Nordic Countries and other areas of the Baltic region.

—   for LE: the generation and supply of power and heat as well as the trade and distribution of electricity and gas in Lithuania and in the Baltic region.

—   for JV: the generation and supply of electricity and heat on the Kaunas district heating network in Lithuania.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7745 — Fortum/Lietuvos Energija/JV, to the following address: |
| --- | --- |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7745 — Fortum/Lietuvos Energija/JV, to the following 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’).

---

OTHER ACTS

European Commission

| 23.10.2015 | EN | Official Journal of the European Union | C 351/24 |
| --- | --- | --- | --- |

23.10.2015

EN

Official Journal of the European Union

C 351/24

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Publication of an amendment 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

(2015/C 351/12)

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).

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF A PROTECTED DESIGNATION OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATION 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.

‘CARCIOFO SPINOSO DI SARDEGNA’

EC No: IT-PDO-0105-01325 — 7.4.2015

PDO ( X ) PGI ( )

1.   Applicant group and legitimate interest

| ‘Consorzio di Tutela del Carciofo Spinoso di Sardegna D.O.P.’ |
| --- |
| Corso Europa 33 07039 Valledoria (SS) |
| ITALIA |
| Tel./Fax +39 079582248 |
| E-mail: carcspindisardegna@tiscali.it |

‘Consorzio di Tutela del Carciofo Spinoso di Sardegna D.O.P.’

Corso Europa 33 07039 Valledoria (SS)

ITALIA

Tel./Fax +39 079582248

E-mail: carcspindisardegna@tiscali.it

The Consorzio di Tutela (protection consortium) of the ‘Carciofo Spinoso di Sardegna’ PDO 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 |
| --- | --- | --- |
| — | ☒ | Description of product |
| — | ☐ | Geographical area |
| — | ☐ | Proof of origin |
| — | ☒ | Production method |
| — | ☒ | Link |
| — | ☐ | Labelling |
| — | ☒ | Other [packaging] |

—

☐

Name of product

—

☒

Description of product

—

☐

Geographical area

—

☐

Proof of origin

—

☒

Production method

—

☒

Link

—

☐

Labelling

—

☒

Other [packaging]

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 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 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 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

We ask that the following section of Article 2 of the specification:

‘Colour: green with extensive purple-brown shading;’

be amended as:

‘Colour: green, at times with extensive purple-brown shading;’

The amendment is necessary because the shading, even if present, can sometimes be less obvious, due to the fact that its tone of colour does not contrast sufficiently with that of the bract bases. This factor could lead to difficulties in assessing and interpreting the product when carrying out on-the-spot checks.

We ask that the following paragraph regarding the chemical properties of the ‘Carciofo Spinoso di Sardegna’ PDO be removed:

‘iron: no greater than 0,80 mg per 100 g of fresh matter.’

The analysis of the iron (Fe) content of a sample of heads from the period 2012-13 showed a significant average difference (p < 0,001) in comparison with those from the period 2013-14, in that the 2012-13 sample produced values of 0,55 ± 0,17 mg/100 g, while the 2013-14 sample produced values of 1,25 ± 0,54 mg/100 g.

The variability between years of the iron content of the plant tissues may be attributed to different weather conditions, in particular rainfall patterns, which may have an impact on the availability of iron in the soil.

We therefore believe that iron content is not a suitable production parameter for the ‘Carciofo Spinoso di Sardegna’ PDO, indeed, the high variability of the parameter may prevent the certification of a product that has otherwise been produced in full compliance with the product specification. It is therefore necessary to amend Article 2 of the specification by removing iron content from the chemical properties laid out in the specification.

Production method

Production method

We ask that the following section of Article 5 of the specification:

‘Planting density must be between 0,7 and 1,2 plants per m2’

be amended as:

‘Planting density must be between 0,6 and 1,2 plants per m2. The plants can be grown as annuals or perennials’.

The need to increase the planting distance, thus allowing a decrease of the number of plants per m2, arises from operational needs linked to crop management, mechanisation and the need to streamline and improve pest-management sustainability. Indeed, increasing the space between plants will allow improved handling of harvesting machinery, as well as improving weeding and localised containment of infestations. A lower number of plants per m2 allows for both better management and increased productivity of the crop, especially when micro-propagation is used to produce improved clones that are usually more robust.

2

2

Finally, this overall reduction will help reduce the likelihood of outbreaks of downy mildew, powdery mildew and grey mould, by improving aeration around the crop, thereby reducing the need for pest-management by making it more efficient.

Link

Link

The deletion of the iron parameter from the analytical quantification, as requested, does not affect the specificity of ‘Carciofo Spinoso di Sardegna’. The special features that distinguish ‘Carciofo Spinoso di Sardegna’ from all other artichokes are, inter alia, its balanced flavour, due to its carbohydrate and phenol content and its low sodium content. The presence of these elements has always made it possible for ‘Carciofo Spinoso di Sardegna’ to be eaten raw, a characteristic that justifies its protected designation and demonstrates its link to its production area.

Packaging

Packaging

The paragraph:

‘The “Carciofo Spinoso di Sardegna” is released for consumption in the following types of closed packaging to which the logo is affixed:

| — | Trays containing between 2 and 12 whole and/or cut heads; |
| --- | --- |

—

Trays containing between 2 and 12 whole and/or cut heads;

| — | 500 g to 5 kg baskets in materials for foodstuffs; |
| --- | --- |

—

500 g to 5 kg baskets in materials for foodstuffs;

| — | Wooden, cardboard and plastic crates for foodstuffs containing between 4 to 60 heads.’ |
| --- | --- |

—

Wooden, cardboard and plastic crates for foodstuffs containing between 4 to 60 heads.’

should be amended as follows:

‘The “Carciofo Spinoso di Sardegna” is released for consumption in the following types of closed or open packaging to which the logo is affixed:

Closed packaging:

| — | Trays containing between 1 and 12 whole and/or cut heads; |
| --- | --- |

—

Trays containing between 1 and 12 whole and/or cut heads;

| — | 500 g to 5 kg baskets in materials for foodstuffs; |
| --- | --- |

—

500 g to 5 kg baskets in materials for foodstuffs;

| — | Wooden, cardboard and plastic packaging containing between 1 and 60 heads, with or without stalks, of a suitable size for the amount of heads in each type of packaging. |
| --- | --- |

—

Wooden, cardboard and plastic packaging containing between 1 and 60 heads, with or without stalks, of a suitable size for the amount of heads in each type of packaging.

Open packaging:

| — | Packaging containing whole heads (between 1 and 6) identified by a tamper-proof food wrapper. The wrapper should cover a single head or a maximum of 6 heads. The designation's logo and all the information required by the product specification should be indicated on the wrapper.’ |
| --- | --- |

—

Packaging containing whole heads (between 1 and 6) identified by a tamper-proof food wrapper. The wrapper should cover a single head or a maximum of 6 heads. The designation's logo and all the information required by the product specification should be indicated on the wrapper.’

The amendment requests related to packaging are necessary in order to address the needs of a market that is constantly evolving and to guarantee greater penetration of the large retail outlet market, which ‘Carciofo Spinoso di Sardegna’ has so far not succeeded in doing, due in part to the packaging used up to this point. The amendment provides for the introduction of individual packaging, the substitution of the term ‘crates’ for the more generic term ‘packaging’ in order for other forms of closed packaging to be considered, for example packets and plastic wrappers (flow packaging), and finally, the introduction of open packaging, in order to allow ‘Carciofo Spinoso di Sardegna’ to be marketed either individually as single heads or in bundles of up to 6 heads.

SINGLE DOCUMENT

‘CARCIOFO SPINOSO DI SARDEGNA’

‘CARCIOFO SPINOSO DI SARDEGNA’

EC No: IT-PDO-0105-01325 — 7.4.2015

EC No: IT-PDO-0105-01325 — 7.4.2015

PDO ( X ) PGI ( )

PDO ( X ) PGI ( )

1.   Name

Name

‘Carciofo Spinoso di Sardegna’

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

Type of product

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 ‘Carciofo Spinoso di Sardegna’ is obtained from the local ‘Spinoso Sardo’ ecotype which belongs to the Cynara scolymus botanical species and is characterised by the following morphological particularities: a medium-size, perennial, rhizomatous plant, with the insertion point of the main head located at a height of between 45 and 70 cm; it is assurgent, highly suitable for pollen production, with staggered production. The green-coloured, prickly leaves are of medium size and highly varied in shape, as illustrated by the existence of numerous single blade leaves and other lobed and, more frequently, pinnatisect leaves. The heads form a prolonged cone shape, moderately compact, and of a minimum length of 6 cm and a diameter of between 6 and 13 cm; large, long green external bracts, at times with extensive purple-brown shading, with pointed summits ending in a yellow thorn; straw yellow internal bracts with purple veins; stalks of a length of between 10 and 40 cm (an exception allowed for by Regulation (EC) No 1466/2003) and of a thickness of between 1 and 3,5 cm.

The PDO ‘Carciofo Spinoso di Sardegna’ must possess the following characteristics:

Physical characteristics: shape: prolonged, conical, moderately compact head; colour: green, at times with extensive purple-brown shading; yellow-coloured thorns on bracts; stem structure: tender and edible inside, not very fibrous; edible part: no less than 30 % of the weight of the fresh head.

Chemical characteristics: carbohydrate content no less than 2,5 g per 100 g of fresh matter; polyphenols content no less than 50 mg of 100 g of fresh matter; sodium: no greater than 0,125 g of 100 g of fresh matter;

Organoleptic properties: aroma: intense thistly and floral; texture: bracts that are fleshy yet tender and crispy at the base; flavour: full-bodied with a balanced blend of bitter and sweet notes thanks to the presence of polyphenol derivatives and cynarin; astringency: the presence of tannins, which are natural components of artichokes, is hardly noticeable, since it is offset by the prevalent sweet flavours resulting from the significant carbohydrate content. The traditional manner of eating the stems as well as the heads of ‘Carciofo Spinoso di Sardegna’ uncooked allows for better absorption of the nutritional properties it contains. Only ‘Carciofo Spinoso di Sardegna’ belonging to the ‘Extra’ and ‘I’ marketing classes may be granted PDO status.

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 production steps for the ‘Carciofo Spinoso di Sardegna’ are carried out within the territory indicated under 4.

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

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

Given their tendency to perish rapidly in terms of a loss of freshness, i.e. of shine and turgidity in the heads, stems and leaves, it is necessary to reduce handling to the minimum and to package them immediately after harvesting, so as to allow for the traditional manner of eating ‘Carciofo Spinoso di Sardegna’ uncooked. This constraint guarantees a definite advantage in terms of freshness by lessening the oxidation and sweating to which the product would be exposed, which would consequently alter its physical, organoleptic and chemical characteristics.

The ‘Carciofo Spinoso di Sardegna’ is released for consumption in the following types of closed or open packaging to which the logo is affixed:

Closed packaging:

| — | Trays containing between 1 and 12 whole and/or cut heads; |
| --- | --- |

—

Trays containing between 1 and 12 whole and/or cut heads;

| — | 500 g to 5 kg baskets in materials for foodstuffs; |
| --- | --- |

—

500 g to 5 kg baskets in materials for foodstuffs;

| — | Wooden, cardboard and plastic packaging containing between 1 and 60 heads, with or without stalks, of a suitable size for the amount of heads in each type of packaging. |
| --- | --- |

—

Wooden, cardboard and plastic packaging containing between 1 and 60 heads, with or without stalks, of a suitable size for the amount of heads in each type of packaging.

Open packaging:

| — | Packaging containing whole heads (between 1 and 6) identified by a tamper-proof food wrapper. The wrapper should cover a single head or a maximum of 6 heads. The designation's logo and all the information required by the product specification should be indicated on the wrapper. |
| --- | --- |

—

Packaging containing whole heads (between 1 and 6) identified by a tamper-proof food wrapper. The wrapper should cover a single head or a maximum of 6 heads. The designation's logo and all the information required by the product specification should be indicated on the wrapper.

Materials considered appropriate for the packaging of the product according to Community rules on the subject may continue to be used. Each pack must contain ‘Carciofo Spinoso di Sardegna’ of the same market class. The visible part of the contents of the package must, moreover, be representative of the entire contents.

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

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

Labels affixed to packaging must bear: the ‘Carciofo Spinoso di Sardegna’ PDO designation and the Community logo; the indication of class ‘Extra’ or ‘I’; size; the number of heads contained; all other indications laid down by law; and the logo.

The logo for the designation consists of a stylised representation of an anthropomorphic spiny artichoke (‘carciofo spinoso’), with the head of the vegetable becoming a proper head thanks to drawing of a smile and leaves that are transformed into open arms, stretched out in a friendly and welcoming gesture. The message conveyed is that of a sweet-tasting product, despite its prickly appearance.

The PDO must appear on the label in clear, indelible lettering of a colour that strongly contrasts with that of the label itself and in such a way that it can be clearly distinguished from the other information which may be printed in lettering half the size of that used for the PDO. It is forbidden to add to the Protected Designation of Origin any description that is not expressly provided for, though business and brand names may be used, on condition that they have no laudatory purport and are not such as to mislead the purchaser.

4.   Concise definition of the geographical area

Concise definition of the geographical area

The ‘Carciofo Spinoso di Sardegna’ must be grown and packaged in the production area which includes the following municipalities:

Cagliari Province: Assemini, Assemini Isola Amministrativa (I.A.), Barrali, Castiadas, Decimomannu, Decimoputzu, Donori, Elmas, Escolca (I.A.), Guasila, Mandas, Maracalagonis, Monastir, Muravera, Nuraminis, Serdiana, Pimentel, Pula, Quartu Sant' Elena, Quartucciu, Samatzai, San Sperate, San Vito, Selargius, Selegas, Sestu, Sinnai (I.A.), Ussana, Uta, Villanovafranca, Villaputzu, Villasimius, Villasor and Villaspeciosa;

Cagliari Province

Carbonia-Iglesias Province: Giba, Masainas, Piscinas, San Giovanni Suergiu, Santadi, Sant'Anna Arresi, Tratalias and Villaperuccio;

Carbonia-Iglesias Province

Medio Campidano Province: Furtei, Gonnosfanadiga, Pabillonis, Pauli Arbarei, Samassi, San Gavino Monreale, Sanluri, Sardara, Segariu, Serramanna, Serrenti, Villacidro and Villamar;

Medio Campidano Province

Oristano Province: Arborea, Baratili San Pietro, Bauladu, Bosa, Cabras, Cuglieri, Flussio, Magomadas, Marrubiu, Milis, Mogoro, Narbolia, Nurachi, Ollastra, Oristano, Palmas Arborea, Riola Sardo, San Nicolò Arcidano, Santa Giusta, San Vero, Siamaggiore, Seneghe, Sennariolo, Simaxis, Solarussa, Terralba, Tramatza, Tresnuraghes, Uras, Zeddiani and Zerfaliu;

Oristano Province

Nuoro Province: Dorgali, Galtellì, Irgoli, Loculi, Onifai, Orosei, Posada, Siniscola and Torpè;

Nuoro Province

Ogliastra Province: Arzana (I.A.), Barisardo, Baunei, Cardedu, Girasole, Lanusei (I.A.), Loceri (I.A.), Lotzorai, Tertenia and Tortolì;

Ogliastra Province

Sassari Province: Alghero, Banari, Castelsardo, Florinas, Ittiri, Montresta, Olmedo, Ossi, Valledoria, Viddalba, Villanova Monteleone, Porto Torres, Putifigari, Uri, Santa Maria Coghinas, Sassari, Usini, Sedini, Sennori, Sorso and Tissi;

Sassari Province

Olbia-Tempo Province: Badesi, Budoni and San Teodoro.

Olbia-Tempo Province

The production area indicated above is the one in which the ‘Carciofo Spinoso di Sardegna’ has traditionally been grown. In these municipalities there are, at the same time, all the right soil and climatic characteristics for cultivation and an extensive heritage of experience, traditions and technical growing skills which has been built up and guarantees the product's characteristics.

5.   Link with the geographical area

Link with the geographical area

All of the soils within the production area identified in 4, where the ‘Carciofo Spinoso di Sardegna’ is grown, are of alluvial origin; they are fresh, rich in phosphorus, iron, magnesium, calcium, potassium and organic matter and tend to be pH neutral or slightly sub-alkaline.

The average winter temperature is 11,3 °C, while the summer average is 24 °C. Frost is very rare and snow exceptional. Rainfall is spread irregularly over the year, with a peak during the winter and an almost complete lack of rain over the summer.

The particular characteristics of the ‘Carciofo Spinoso di Sardegna’ are its limited astringency, its pleasant flavour, resulting from the balanced blend of bitter and sweet notes, and the tenderness of its flesh encouraging its consumption uncooked. Other characteristics include the high level of polyphenols and other nutrients it contains and the particularly limited levels of sodium and iron.

Finally, but definitely no less importantly, the particular constitution of the head, which contains bracts which are tightly stuck to one another, prevents external, harmful substances from penetrating it, thereby ensuring the product's wholesomeness.

The characteristics justifying the application for the recognition of ‘Carciofo Spinoso di Sardegna’ as a PDO and which differentiate it from other products of the same product type are: its limited astringency, pleasant flavour, resulting from the balanced blend of bitter and sweet notes, the tenderness of its flesh encouraging its consumption uncooked, high content of nutrients of significance in cleansing the organism (stimulating diuresis, removing toxins from the liver and lowering cholesterol levels in the blood), significant carbohydrate content, coupled with mineral salts, iron, potassium, phosphorous and various types of vitamins, especially A group vitamins.

These particularities derive from the strong link to the island territory, which is particularly suitable both because of traditional growing techniques and the favourable climatic, soil and morphological conditions. The significant quantity of calcium, magnesium and potassium present in the vast majority of fields in which the artichoke is grown is the principal reason for the plant's characteristic resistance to stress consequent upon high temperatures and low relative humidity. In the same way, the ‘fresh’, deep soil of these fields, of largely alluvial origin and which does not become waterlogged, provides an optimum exchange medium, guaranteeing the complete take-up by the plants of the phosphorous, iron, potassium and other mineral salts responsible for the distinct characteristics of ‘Carciofo Spinoso di Sardegna’.

Climatic factors influence the quality of the ‘Carciofo Spinoso di Sardegna’, inasmuch as they determine the general functions of the plant such as photosynthesis and the absorption of water and nutrients. Sunlight is a very important climatic factor in determining the qualitative characteristics of the ‘Carciofo Spinoso di Sardegna’, particularly the intensity of the sun's rays which, even in the winter months, influences the production of the plant's reserves, such as carbohydrates, which govern its taste, making the artichoke particularly well suited to being eaten uncooked. It should, moreover, be noted that the intensity of sunlight is the same throughout the production area, since the differences in latitude between the areas concerned in the North and the South have no influence on the correct development of the plant.

In addition to the intrinsic suitability of the territory, the human resources of the area, with their traditions, experience and skills, allow for the selection of the best artichokes through manual harvesting, sorting and sizing. The cutting down of stems and the pinching out of superfluous shoots carried out by highly specialised local workers facilitate the harvesting of a choice product. The optimal combination of agronomic factors, such as the time of planting, the density of cultivation, the intelligent use of irrigation, fertiliser and plant protection products, as well as the limited one to three-year lifespan of the artichoke plant, with the consequent robustness of the plant, accentuate the natural predisposition of the ‘Carciofo Spinoso di Sardegna’ to be eaten uncooked.

From a historical standpoint, the origins of the production, cultivation and, more particularly, the link to the local environment of the artichoke lay in the Phoenician period; this traditional activity has been passed down the centuries to the present day, where it represents a crucial component of the island's and the country's agriculture. Written evidence of the presence of artichokes in Sardinia can be found from the second half of the 18th century in the treatise ‘Agricoltura di Sardegna’ by Andrea Manca dell'Arca, a noble from Sassari, published in 1780, with one section entitled: ‘Cardoons and Artichokes. Spread. Varieties. Cultivation. Uses.’ The existence of the ‘Carciofo Spinoso di Sardegna’ in the first few decades of the last century is also attested to in the work of Max Leopold Wagner in ‘Das ländliche Leben Sardiniens im Spiegel der Sprache’ published in Heidelberg, Germany, in 1921. In the early decades of the 20th century, a substantial modernisation of the island's agriculture took place, which also concerned artichoke production, with the move away from supplying the local market towards specialised production aimed at the Italian and international markets. It was in this period of major changes in trade that the ‘Carciofo Spinoso di Sardegna’ made its name and ‘on the markets of the mainland the artichoke was most definitely not marketed indistinctly or anonymously; “its Sardinian provenance” has represented a guarantee of quality and of origin since the early years of the 20th century, one which is appreciated and sought out by consumers’, as is apparent from numerous sources. The historical origin of the product has prompted consumers over time to identify the ‘Carciofo Spinoso di Sardegna’ with the image of Sardinia itself, to the extent that it has entered into common parlance and ‘Carciofo Spinoso di Sardegna’ can be found on the menus of various restaurants, on product labels and in commercial documents; this is why the need has arisen to place formal rules on the use of the designation, in order to make the link between the product's characteristics and the territory of Sardinia inseparable and to protect consumers and producers from any incorrect or undue use of the name.

Reference to publication of the specification:

Reference to publication of the specification:

(second subparagraph of Article 6(1) of this Regulation)

The Ministry has launched the national objection procedure with the publication of the proposal for amending the product specification for the ‘Carciofo Spinoso di Sardegna’ PDO in the Official Gazette of the Italian Republic No 42 of 20 February 2015.

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

or:

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Prodotti DOP IGP’ (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.

1

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