# Official Journal C 408/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 408 |
| | |
| English edition | Information and Notices | Volume 589 December 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 408

English edition

Information and Notices

Volume 589 December 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 408/01 | Non-opposition to a notified concentration (Case M.7529 — Mohawk Industries/International Flooring Systems) (
  1
  ) | 1 |
| 2015/C 408/02 | Withdrawal of notification of a concentration (Case M.7573 — DMK/DOC Kaas) (
  1
  ) | 1 |
| 2015/C 408/03 | Non-opposition to a notified concentration (Case M.7688 — Intel/Altera) (
  1
  ) | 2 |
| 2015/C 408/04 | Non-opposition to a notified concentration (Case M.7832 — Gunvor Group/Kuwait Petroleum Europoort) (
  1
  ) | 2 |
| 2015/C 408/05 | Non-opposition to a notified concentration (Case M.7677 — OBI/BauMax Certain Assets) (
  1
  ) | 3 |
| 2015/C 408/06 | Non-opposition to a notified concentration (Case M.7810 — Vista/Solera) (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 408/01

Non-opposition to a notified concentration (Case M.7529 — Mohawk Industries/International Flooring Systems) (
  1
  )

1

1

2015/C 408/02

Withdrawal of notification of a concentration (Case M.7573 — DMK/DOC Kaas) (
  1
  )

1

1

2015/C 408/03

Non-opposition to a notified concentration (Case M.7688 — Intel/Altera) (
  1
  )

1

2

2015/C 408/04

Non-opposition to a notified concentration (Case M.7832 — Gunvor Group/Kuwait Petroleum Europoort) (
  1
  )

1

2

2015/C 408/05

Non-opposition to a notified concentration (Case M.7677 — OBI/BauMax Certain Assets) (
  1
  )

1

3

2015/C 408/06

Non-opposition to a notified concentration (Case M.7810 — Vista/Solera) (
  1
  )

1

3

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 408/07 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 408/07

Euro exchange rates

4

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 408/08 | Prior notification of a concentration (Case M.7760 — Triton/KKR/EM) — Candidate case for simplified procedure (
  1
  ) | 5 |
| | OTHER ACTS |
| | European Commission |
| 2015/C 408/09 | Publication of an application for approval of minor amendment in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 408/08

Prior notification of a concentration (Case M.7760 — Triton/KKR/EM) — Candidate case for simplified procedure (
  1
  )

1

5

OTHER ACTS

European Commission

2015/C 408/09

Publication of an application for approval of minor amendment in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council

7

---

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

---

(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

| 9.12.2015 | EN | Official Journal of the European Union | C 408/1 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/1

---

Non-opposition to a notified concentration

(Case M.7529 — Mohawk Industries/International Flooring Systems)

(Text with EEA relevance)

(2015/C 408/01)

On 11 June 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 32015M7529. 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 32015M7529. EUR-Lex is the online access to the European law.

---

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

---

| 9.12.2015 | EN | Official Journal of the European Union | C 408/1 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/1

---

Withdrawal of notification of a concentration

(Case M.7573 — DMK/DOC Kaas)

(Text with EEA relevance)

(2015/C 408/02)

(Council Regulation (EC) No 139/2004)

On 5 November 2015, the Commission received a notification of a proposed concentration between DMK and DOC Kaas. On 1 December 2015, the notifying party/ies informed the Commission that it/they withdrew its/their notification.

---

| 9.12.2015 | EN | Official Journal of the European Union | C 408/2 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/2

---

Non-opposition to a notified concentration

(Case M.7688 — Intel/Altera)

(Text with EEA relevance)

(2015/C 408/03)

On 14 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 32015M7688. 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 32015M7688. EUR-Lex is the online access to the European law.

---

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

---

| 9.12.2015 | EN | Official Journal of the European Union | C 408/2 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/2

---

Non-opposition to a notified concentration

(Case M.7832 — Gunvor Group/Kuwait Petroleum Europoort)

(Text with EEA relevance)

(2015/C 408/04)

On 2 December 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 32015M7832. 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 32015M7832. EUR-Lex is the on-line access to the European law.

---

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

---

| 9.12.2015 | EN | Official Journal of the European Union | C 408/3 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/3

---

Non-opposition to a notified concentration

(Case M.7677 — OBI/BauMax Certain Assets)

(Text with EEA relevance)

(2015/C 408/05)

On 22 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 32015M7677. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7677. EUR-Lex is the online access to European law.

---

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

---

| 9.12.2015 | EN | Official Journal of the European Union | C 408/3 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/3

---

Non-opposition to a notified concentration

(Case M.7810 — Vista/Solera)

(Text with EEA relevance)

(2015/C 408/06)

On 3 December 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 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 32015M7810. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7810. EUR-Lex is the online access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.12.2015 | EN | Official Journal of the European Union | C 408/4 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/4

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Euro exchange rates (1)

8 December 2015

(2015/C 408/07)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0875 |
| JPY | Japanese yen | 133,64 |
| DKK | Danish krone | 7,4607 |
| GBP | Pound sterling | 0,72710 |
| SEK | Swedish krona | 9,2236 |
| CHF | Swiss franc | 1,0820 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,5675 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,022 |
| HUF | Hungarian forint | 314,53 |
| PLN | Polish zloty | 4,3357 |
| RON | Romanian leu | 4,4854 |
| TRY | Turkish lira | 3,1788 |
| AUD | Australian dollar | 1,5099 |
| CAD | Canadian dollar | 1,4793 |
| HKD | Hong Kong dollar | 8,4286 |
| NZD | New Zealand dollar | 1,6430 |
| SGD | Singapore dollar | 1,5363 |
| KRW | South Korean won | 1 287,02 |
| ZAR | South African rand | 15,9518 |
| CNY | Chinese yuan renminbi | 6,9795 |
| HRK | Croatian kuna | 7,6368 |
| IDR | Indonesian rupiah | 15 299,16 |
| MYR | Malaysian ringgit | 4,6675 |
| PHP | Philippine peso | 51,339 |
| RUB | Russian rouble | 75,9200 |
| THB | Thai baht | 39,116 |
| BRL | Brazilian real | 4,1297 |
| MXN | Mexican peso | 18,5495 |
| INR | Indian rupee | 72,6871 |

Currency

Exchange rate

USD

US dollar

1,0875

JPY

Japanese yen

133,64

DKK

Danish krone

7,4607

GBP

Pound sterling

0,72710

SEK

Swedish krona

9,2236

CHF

Swiss franc

1,0820

ISK

Iceland króna

NOK

Norwegian krone

9,5675

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,022

HUF

Hungarian forint

314,53

PLN

Polish zloty

4,3357

RON

Romanian leu

4,4854

TRY

Turkish lira

3,1788

AUD

Australian dollar

1,5099

CAD

Canadian dollar

1,4793

HKD

Hong Kong dollar

8,4286

NZD

New Zealand dollar

1,6430

SGD

Singapore dollar

1,5363

KRW

South Korean won

1 287,02

ZAR

South African rand

15,9518

CNY

Chinese yuan renminbi

6,9795

HRK

Croatian kuna

7,6368

IDR

Indonesian rupiah

15 299,16

MYR

Malaysian ringgit

4,6675

PHP

Philippine peso

51,339

RUB

Russian rouble

75,9200

THB

Thai baht

39,116

BRL

Brazilian real

4,1297

MXN

Mexican peso

18,5495

INR

Indian rupee

72,6871

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 9.12.2015 | EN | Official Journal of the European Union | C 408/5 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/5

---

Prior notification of a concentration

(Case M.7760 — Triton/KKR/EM)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 408/08)

| 1. | On 1 December 2015, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Embarcadero Maritime LLC (‘EM’, Marshall Islands), ultimately controlled by KKR &Co LP (‘KKR’, USA) and Nordic Tankers A/S (‘NT’, Denmark), ultimately controlled by Triton Managers III Limited and TTF III Limited (‘Triton’, Jersey), acquire joint control of a newly created joint venture (the ‘JV’) by way of purchase of shares (the ‘Transaction’). |
| --- | --- |

1.

On 1 December 2015, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Embarcadero Maritime LLC (‘EM’, Marshall Islands), ultimately controlled by KKR &Co LP (‘KKR’, USA) and Nordic Tankers A/S (‘NT’, Denmark), ultimately controlled by Triton Managers III Limited and TTF III Limited (‘Triton’, Jersey), acquire joint control of a newly created joint venture (the ‘JV’) by way of purchase of shares (the ‘Transaction’).

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






  — | Triton is a group of independent European private equity funds and companies. Triton is dedicated to investing in medium-sized businesses headquartered in Northern Europe, with a focus on businesses in three core sectors: Business Services, Industrials and Consumer/Health. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Triton is a group of independent European private equity funds and companies. Triton is dedicated to investing in medium-sized businesses headquartered in Northern Europe, with a focus on businesses in three core sectors: Business Services, Industrials and Consumer/Health.

| — | NT is a fully integrated shipping company active in the transport of specialized liquid products in bulks. The products NT carries range from edible oils, acids, chemicals and other specialised products to lubricating oils and petroleum products. |
| --- | --- |

—

NT is a fully integrated shipping company active in the transport of specialized liquid products in bulks. The products NT carries range from edible oils, acids, chemicals and other specialised products to lubricating oils and petroleum products.

| — | KKR is a global investment firm, which offers a broad range of alternative asset funds and other investment products to investors and provides capital markets solutions for the firm, its portfolio companies and other clients. |
| --- | --- |

—

KKR is a global investment firm, which offers a broad range of alternative asset funds and other investment products to investors and provides capital markets solutions for the firm, its portfolio companies and other clients.

| — | EM focusses on distressed opportunities in the second-hand vessel segment. EM operates a fleet of 50 vessels in the container, chemical, product and LPG sectors. |
| --- | --- |

—

EM focusses on distressed opportunities in the second-hand vessel segment. EM operates a fleet of 50 vessels in the container, chemical, product and LPG sectors.

| — | Through the JV, EM and NT will combine their ice classed stainless steel chemical tankers business in Europe, with focus on North-Western Europe and the Baltic region. |
| --- | --- |

—

Through the JV, EM and NT will combine their ice classed stainless steel chemical tankers business in Europe, with focus on North-Western Europe and the Baltic region.

| 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.7760 — Triton/KKR/EM, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7760 — Triton/KKR/EM, to the following address:

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.

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OTHER ACTS

European Commission

| 9.12.2015 | EN | Official Journal of the European Union | C 408/7 |
| --- | --- | --- | --- |

9.12.2015

EN

Official Journal of the European Union

C 408/7

---

Publication of an application for approval of minor amendment in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council

(2015/C 408/09)

The European Commission has approved this minor amendment in accordance with the third subparagraph of Article 6(2) of Commission Delegated Regulation (EU) No 664/2014
   (1)

APPLICATION FOR APPROVAL OF A MINOR AMENDMENT

Application for approval of a minor amendment in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council
   (2)

‘ABENSBERGER SPARGEL’/‘ABENSBERGER QUALITÄTSSPARGEL’

EU No: DE-PGI-0105-01322 – 20.3.2015

PDO ( ) PGI ( X )

1.   Applicant group and legitimate interest

| Name | Erzeugergemeinschaft Abensberger Qualitätsspargel eV (Abensberger Qualitätsspargel Producers' Association) |
| --- | --- |
| Address: | Richtstättstr. 5 |
| 93326 Abensberg |
| GERMANY |

Name

Erzeugergemeinschaft Abensberger Qualitätsspargel eV (Abensberger Qualitätsspargel Producers' Association)

Address:

Richtstättstr. 5

93326 Abensberg

GERMANY

Tel.

+49 94431281

Fax

+49 94431282

Email:

info@neumeyer-martin.de

Legitimate interest:

The applicant association is a group of producers of the product in question. The Abensberger Qualitätsspargel Producers' Association (Erzeugergemeinschaft Abensberger Qualitätsspargel e.V.) also submitted the original application for protection and thus has a legitimate interest in this amendment application.

2.   Member State or Third Country

Germany

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

| — | ☐ | Description of product |
| --- | --- | --- |
| — | ☐ | Proof of origin |
| — | ☐ | Method of production |
| — | ☐ | Link with the geographical area |
| — | ☒ | Labelling |
| — | ☐ | Other [to be specified] |

—

☐

Description of product

—

☐

Proof of origin

—

☐

Method of production

—

☐

Link with the geographical area

—

☒

Labelling

—

☐

Other [to be specified]

4.   Type of amendment(s)

| — | ☐ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires no amendment to the published single document |
| --- | --- | --- |
| — | ☒ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires an amendment to the published single document |
| — | ☐ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, for which a single document (or equivalent) has not been published |
| — | ☐ | Amendment to product specification of registered TSG to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 |

—

☐

Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires no amendment to the published single document

—

☒

Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires an amendment to the published single document

—

☐

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

—

☐

Amendment to product specification of registered TSG to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

5.   Amendment(s)

The rules on labelling found in the original product specification and under point 3.7 of the Single Document should be deleted.

(h)   Labelling

Following registration: ‘Abensberger Spargel PGI’, ‘Abensberger Qualitätsspargel PGI’. ‘Abensberger Qualitätsspargel’ must, when put up for sale, also be marked with the following logo:

Justification:

The Abensberger Qualitätsspargel Producers' Association has the rights to the logo, which it has been mandatory to include on the label up to now. However, according to the legal opinion of the DPMA (German Patent and Trademark Office), these labelling rules – set out in the Single Document – preclude a corresponding collective trademark from being registered.

As labelling the product with the protected geographical indication ‘Abensberger Spargel’ or ‘Abensberger Qualitätsspargel’ serves to reliably inform consumers about the origin of the asparagus and its compliance with the quality requirements, it is not necessary for the logo to be used to that end. Therefore, it is in the legitimate interest of the producers' association that only its members use this logo – as they have up to now – and that the product specification/Single Document no longer stipulates that all suppliers of ‘Abensberger Qualitätsspargel’ (i.e. non-members too) must use the logo on the label.

Minor nature of the amendment
  :

The proposed amendment should be regarded as minor in accordance with Article 53(2) of Regulation (EU) No 1151/2012.

The relevant requirements – set out in points (a) to (d) of the third subparagraph of Article 53(2) – are met, and, in particular, the amendment does not represent an increase in restrictions on trade in the product (point (e)). Rather, leaving the previous labelling rules in the product specification (and in the Single Document) created or could have created trade obstacles for non-members.

6.   Updated product specification (only for PDO and PGI)

https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/41017

SINGLE DOCUMENT

‘ABENSBERGER SPARGEL’/‘ABENSBERGER QUALITÄTSSPARGEL’

EU No: DE-PGI-0105-01322 – 20.3.2015

PDO ( ) PGI ( X )

1.   Name(s)

‘Abensberger Spargel’/‘Abensberger Qualitätsspargel’

2.   Member State or Third Country

Germany

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

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

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

Asparagus (Asparagus officinalis) is a member of the Asparagaceae family. The edible stalks of asparagus are the shoots of a perennial shrub which are put up for sale peeled or unpeeled. ‘Abensberger Spargel’ is produced according to the rules of good farming practice.

White Abensberg asparagus may vary in colour from white to violet and may not exceed 22 cm in length, while green Abensberg asparagus may not exceed 27 cm in length.

With the exception of what is sold by the producer directly to the consumer, Abensberg asparagus is prepared in accordance with UNECE Standard FFV04 (asparagus). However, this standard also applies to white and violet asparagus up to a minimum diameter of 5 mm. In addition, broken asparagus shoots may also be marketed under the ‘broken asparagus’ category.

The taste of ‘Abensberger Spargel’ is characterised by the typically strong, spicy aroma of the asparagus. Harvesting once or twice a day and careful and appropriate handling after harvesting guarantee that ‘Abensberger Spargel’ will reach consumers fresh regardless of the marketing channel.

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

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

Production of ‘Abensberger Spargel’, from growing to picking, must take place in the defined geographical area.

The asparagus produced in the Abensberg area is mainly the cultivated form of white asparagus, which is grown underground in large ridges. Due to the lack of sunlight the shoots growing upwards in the ridges fail to turn green, and therefore white or reddish-white shoots with white to violet tips are produced, normally to a length of 22 cm.

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

Freshly-harvested asparagus must first be washed off and then cleaned with fresh water (from the tap).

After harvesting and cleaning, the cut asparagus must be rapidly chilled to preserve its quality. ‘Rapid chilling’ means cooling the asparagus with ice-cold water, as quickly as possible after harvesting, to a temperature of 1–2 °C, to preserve its freshness, tenderness and ivory-like colour. This also minimises the growth of bacteria and fungi which reduce the quality of the asparagus.

The stalks are then cut to length and sorted expertly. The shoot is cut cleanly at the bottom end, at right angles to the axis. This minimises the cut surface, thus also minimising water loss and the entry of bacteria. Should the shoot be hollow or woody at the bottom end, it is expertly shortened to less than 22 cm, or 27 cm in the case of green asparagus, so as to guarantee its high quality.

They must then be stored at 1–2 °C in a place with a high level of humidity (99 %), but must not be stored in water. The cold chain must not be interrupted by the producer. Packaging, refrigeration and any sales premises must comply with health requirements.

The above measures, which go far beyond the legal minimum requirements, contribute to the product's high level of hygiene and quality.

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

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4.   Concise definition of the geographical area

The geographical area covers, in particular, the ‘Sandgürtel’ (‘sand belt’) between Siegenburg, Neustadt an der Donau, Abensberg and Langquaid, and is situated exclusively within the Kelheim rural district.

5.   Link with the geographical area

Specificity of the geographical area:

A description by Maximilian Georg Kroiss of the economic activities of the Carmelite order states that asparagus was probably grown in the Abensberg region as early as 1730. The same article also contends that another historian, Angrüner, is wrong to assume that the first asparagus was not grown in Abensberg until around 1900. Kroiss also underlines the fact that even today Abensberg is famous for its asparagus.

Due to the optimum soil and climate the Abensberg region, i.e. the ‘Sandgürtel’ between Siegenburg, Neustadt an der Donau, Abensberg and Langquaid, is an excellent asparagus-growing area. For example, the area's average annual temperature of 9,8 °C and average rainfall of 703 mm represent good climatic conditions for growing asparagus. According to the Bavarian soil atlas, the soils are mainly sandy. At the same time they contain more minerals and silt than other well-known German asparagus-growing areas. This means that ‘Abensberger Spargel’ has a particularly strong, spicy taste.

Cultivation of ‘Abensberger Spargel’ is limited mainly to the following soil types:

| — | Sand (S) |
| --- | --- |

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Sand (S)

| — | Slightly loamy sand (Sl) |
| --- | --- |

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Slightly loamy sand (Sl)

| — | Loamy sand (lS) |
| --- | --- |

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Loamy sand (lS)

| — | Very loamy sand (SL) |
| --- | --- |

—

Very loamy sand (SL)

To guarantee the special characteristics of ‘Abensberger Spargel’ as regards taste and freshness due to the soils, it is cultivated and processed as described above.

There are around 70 asparagus producers on a cultivated area of 210 hectares. The Abensberg region is one of Bavaria's main asparagus-producing areas. In addition, the local growers have constantly developed and improved their production techniques.

Specificity of the product:

The quality of ‘Abensberger Spargel’ is attributable to the climatic conditions described and the types of soil in the defined geographical area.

‘Abensberger Spargel’ is very highly regarded by consumers and is renowned for its flavour by connoisseurs. It is a traditional Bavarian speciality and has therefore been included in the internet database maintained by the Bavarian Ministry of Agriculture (http://www.food-from-bavaria.de).

Alongside the name ‘Abensberger Spargel’, this product has also been marketed for the past 10 years under the collective trademark ‘Abensberger Qualitäts-Spargel’. The rules for awarding this collective trade mark specify a high product quality.

That high quality means that consumers are prepared to pay a premium; indeed, the price of ‘Abensberger Spargel’ is even higher than that of the well-known ‘Schrobenhausener Spargel’.

‘Abensberger Spargel’ is also renowned because there is a cookbook specifically written for it, and because, each year, the ‘Asparagus Queen’ is chosen to represent this region's speciality. 2007 marked the 75th anniversary of asparagus growing in Abensberg.

The Abensberger Qualitätsspargel Producers' Association (Erzeugergemeinschaft Abensberger Qualitätsspargel eV) recommends the varieties which particularly meet the agronomic (field trials) and taste requirements based on sensory testing in relation to the specification.

It lists these varieties on its homepage http://www.qualitaetsspargel.de/ and updates the data annually.

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

‘Abensberger Spargel’ owes its specific qualities not only to the climate and special soils in the region but also to the long tradition of asparagus-growing in the Abensberg production area and the expertise of the farmers who have been growing it for generations. The light, sandy soils, which are at the same time richer in minerals and silt than other growing areas, as well as the daily harvesting, mean that ‘Abensberger Spargel’ has particularly tender shoots with a spicier, stronger taste than asparagus grown elsewhere.

Reputation:

Thanks to the Abensberger Qualitätsspargel Producers' Association's strict rules on how their asparagus must be grown and processed (http://www.qualitaetsspargel.de/index.php/erzeuger/qualitaetsordnung), some of which go far beyond the legal minimum, for decades now only the best-quality ‘Abensberger Spargel’ has been placed on the market. This has led to consumers' high regard for this product, and that high regard is reflected in the official price data. For example, ‘Abensberger Spargel’ can command a higher price on the market than asparagus from other areas.

The asparagus sector today covers some 210 hectares of land and is now one of the principal economic factors in the Abensberg region.

The growers living in the geographical area have been handing down their skills and experience in asparagus-growing from one generation to another for over 70 years. This guarantees the best possible quality, the basis for successful marketing.

The asparagus season in the region is a ‘fifth season’, a time of celebration, attracting day trippers and tourists from far and near. At this time of the year both domestic kitchens and restaurants focus on asparagus. Restaurants seek to attract both locals and the visitors who come to Abensberg in droves for the asparagus season by coming up with ever more creative recipes. During the season markets achieve most of their turnover from asparagus products.

An ‘Abensberg Asparagus Queen’ has been crowned every year since 1996. She conducts many interviews with the press, radio and TV and carries the good name of ‘Abensberger Spargel’ far beyond the region itself.

Reference to publication of the product specification

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

https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/41017

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(1)  OJ L 179, 19.6.2014, p. 17.

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

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