# Official Journal C 127/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 127 |
| | |
| English edition | Information and Notices | Volume 599 April 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 127

English edition

Information and Notices

Volume 599 April 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 127/01 | Non-opposition to a notified concentration (Case M.7649 — Varo/Argos DSE/Vitol/Carlyle/Reggeborgh) (
  1
  ) | 1 |
| 2016/C 127/02 | Multiple Complaints registered under the reference CHAP(2015) 2880 | 2 |
| 2016/C 127/03 | Communication from the Commission on State aid for films and other audiovisual works: Acceptance of the proposed appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union by all Member States | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 127/01

Non-opposition to a notified concentration (Case M.7649 — Varo/Argos DSE/Vitol/Carlyle/Reggeborgh) (
  1
  )

1

1

2016/C 127/02

Multiple Complaints registered under the reference CHAP(2015) 2880

2

2016/C 127/03

Communication from the Commission on State aid for films and other audiovisual works: Acceptance of the proposed appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union by all Member States

4

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 127/04 | Euro exchange rates | 5 |
| 2016/C 127/05 | Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  ) | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 127/04

Euro exchange rates

5

2016/C 127/05

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  )

(published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

1

6

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 127/06 | Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products | 8 |
| | OTHER ACTS |
| | European Commission |
| 2016/C 127/07 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 9 |
| 2016/C 127/08 | Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Contracting Entity | 12 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 127/06

Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

8

OTHER ACTS

European Commission

2016/C 127/07

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

9

2016/C 127/08

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Contracting Entity

12

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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

| 9.4.2016 | EN | Official Journal of the European Union | C 127/1 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/1

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Non-opposition to a notified concentration

(Case M.7649 — Varo/Argos DSE/Vitol/Carlyle/Reggeborgh)

(Text with EEA relevance)

(2016/C 127/01)

On 21 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 the 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 32015M7649. 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 32015M7649. EUR-Lex is the online access to European law.

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

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| 9.4.2016 | EN | Official Journal of the European Union | C 127/2 |
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9.4.2016

EN

Official Journal of the European Union

C 127/2

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Multiple Complaints registered under the reference CHAP(2015) 2880

(2016/C 127/02)

The European Commission has received a series of complaints concerning the alleged discriminatory taxation of cross-border workers in Slovenia. The Commission has registered these letters under the reference CHAP(2015) 2880.

Given the high number of complaints received on this subject and in order to ensure a rapid response to those concerned, while making efficient use of its administrative resources, the Commission published the acknowledgment of receipt in the
  Official Journal of the European Union C 74 of 26 February 2016, p. 26 and on the internet at http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm, and is publishing its reply in the same way.

1.   The complaints

The complaints concern the alleged disproportionate level of income taxation in Slovenia for cross-border workers residing in Slovenia and working in Austria, which according to them, breaches the free movement of persons and workers as guaranteed by the Treaty on the Functioning of the European Union (TFEU). They indicate that they have to pay additional income tax in Slovenia, although they had already paid income tax in Austria. The complainants further state that due to this additional income tax burden, which does not apply to their co-workers from the other Member States, they are worse off. Finally, they ask the Commission to review the compatibility of the Slovenian legislation at issue, to regulate the status of taxable persons receiving their income abroad and to bring it in line with the legislation of other Member States.

2.   The Commission’s successful action in dismantling discriminatory tax measures for cross-border workers

First, it is to be noted that worker mobility has been identified as one of the key potentials for increasing growth and employment in Europe. It also contributes to attaining the objectives outlined in the EU 2020 economic strategy in favour of growth and jobs and in the Communication ‘Towards a job-rich recovery’ (1). Tax obstacles remain one of the key deterrents to persons looking for work in another Member State. This is why, since 2012, the Commission has been carrying out a thorough assessment of national direct taxes to determine whether they create unfair disadvantages for workers that live in one Member State and work in another (2). Where breaches of TFEU freedoms were identified, the Commission has flagged the issues to the national authorities and, if no measures were taken to correct the national legislation, has launched infringement procedures. The Commission’s action has brought almost all of the national tax rules of the Member States into line with EU law and has thus successfully eliminated a high number of violations of the rights of cross-border workers.

3.   Limited EU direct tax legislation

As regards the complaints at issue in the present case, the Commission notes the situation raised in the numerous letters of cross-border workers residing in Slovenia and working in Austria. However, the Commission considers that it does not constitute discrimination prohibited by EU law for the following reasons.

Firstly, at the present stage of development of EU law there is limited EU legislation in the area of direct taxation. In the absence of harmonisation, direct taxation (including the conclusion and enforcement of double tax agreements) falls essentially within the competence of Member States. In the exercise of this competence, however, Member States have to respect their obligations under the TFEU as interpreted by the Court of Justice of the EU. Member States are not allowed to discriminate on the basis of nationality or to create or maintain discrimination against nationals of Member States, including their own, who exercise their freedoms under the TFEU. Nor can they apply unjustified or disproportionate restrictions to these freedoms.

Secondly, there is no EU legislation determining a single State of taxation when a taxpayer has fiscal links to several Member States, such as in the present case. The attribution of taxing rights is made in double taxation agreements that are bilaterally concluded by the Member States. The application and interpretation of these agreements is not governed by EU law. Thus, the Member States remain competent and free to determine the criteria for the exercise of their taxation rights. It should be added that following the settled case-law of the Court of Justice of the EU, double taxation as such does not run contrary to EU law (3).

Thirdly, in international tax law it is a general principle that the so-called residence State (Slovenia, in this case) usually taxes the worldwide income of its residents, including the income earned from the so-called source State (Austria, in this case), but subsequently grants relief from the domestic tax due on that foreign income. This is done either by (i) not taxing the foreign income again (either by completely disregarding it, i.e. full exemption method, or by taking it into account only for the purpose of determining the rate of taxation, i.e. exemption with progression method) or by (ii) recognising that income for the purpose of determining the tax due under domestic legislation and then deducting the tax actually levied aboard from the total tax due (credit method). The Court of Justice of the EU has recognised that both of the above approaches to eliminate double taxation are in line with EU law (4).

In conclusion, due to the aforementioned lack of harmonisation of income taxation in the EU, Member States remain competent to determine the criteria both for division of their respective taxing powers and for the method of double taxation relief.

4.   Double Tax Agreement between Slovenia and Austria (DTA)
   (5)

When a Slovenian tax resident is employed in Austria, the latter has the right to tax the earnings received there. However, under Article 15(1) of the DTA Slovenia has also retained for itself the right to tax the income of its tax residents received from ‘dependent work’ carried out in Austria. As both Slovenia and Austria can tax the employment income, these earnings may be taxed in both countries. Any double taxation is however avoided in Slovenia by Article 24(2) DTA which provides that ‘where a resident of Slovenia derives income (...) which, in accordance with the provisions for this Agreement may be taxed in Austria, Slovenia shall allow as a deduction from the tax on the income of the resident, an amount equal to the income tax paid in Austria.’ Accordingly, the DTA provides that for the purpose of avoiding double taxation Slovenia shall apply the credit method explained above.

Thus, where the tax due in Austria is lower than the corresponding tax in Slovenia, the taxpayer will always have to pay the difference. As a result, he will pay the same total amount of taxes, Austrian and Slovenian added up, as he would have had to pay if he were taxed only in Slovenia. He is therefore not worse off than if he had earned all of his employment income in Slovenia. It follows that no infringement of the freedom of workers is at hand.

It also follows from the above mentioned lack of harmonisation of income taxation in the EU as well as from the settled case-law of the Court of Justice, that the fact that other Member States have concluded DTAs with Austria which differ from the one concluded with Slovenia, providing for a different attribution of taxing rights or for an exemption method of relieving double taxation, does not lead to any breach of EU law by Slovenia or any other Member State.

5.   Proposed closure of this case

Taking into consideration the above elements, the Commission services will close the case unless the complainants submit new information which would warrant a further assessment within four weeks from the publication of this notice.

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(1)  COM(2012) 173 final of 18.4.2012.

(2)  See Commission’s press release IP/12/340 available at http://europa.eu/rapid/press-release_IP-12-340_en.htm

(3)  See Cases C-128/08 Damseaux and C-67/08 Block.

(4)  See Case C-336/96 Gilly.

(5)  Convention between the Republic of Austria and the Republic of Slovenia for the avoidance of double taxation with respect to taxes on income and on capital concluded on 1 October 1997 and in force since 1 February 1999.

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| 9.4.2016 | EN | Official Journal of the European Union | C 127/4 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/4

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Communication from the Commission on State aid for films and other audiovisual works: Acceptance of the proposed appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union by all Member States

(2016/C 127/03)

In paragraph 55 of the Communication from the Commission on State aid for films and other audiovisual works (1), the Commission proposed to Member States to accept as appropriate measures for the purposes of Article 108(1) TFEU that they bring their existing schemes regarding film funding in line with this Communication within 2 years of its publication in the Official Journal of the European Union. Member States were requested to confirm their acceptance of the proposed appropriate measures within 1 month of that publication.

Pursuant to Article 23(1) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 TFEU (2), the Commission recorded the unconditional and explicit agreement to the appropriate measures by all Member States.

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(1)  OJ C 332, 15.11.2013, p. 1.

(2)  OJ L 248, 24.9.2015, p. 9.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.4.2016 | EN | Official Journal of the European Union | C 127/5 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/5

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Euro exchange rates (1)

8 April 2016

(2016/C 127/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1363 |
| JPY | Japanese yen | 123,36 |
| DKK | Danish krone | 7,4419 |
| GBP | Pound sterling | 0,80730 |
| SEK | Swedish krona | 9,2928 |
| CHF | Swiss franc | 1,0874 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,4183 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,022 |
| HUF | Hungarian forint | 312,67 |
| PLN | Polish zloty | 4,2953 |
| RON | Romanian leu | 4,4685 |
| TRY | Turkish lira | 3,2415 |
| AUD | Australian dollar | 1,5091 |
| CAD | Canadian dollar | 1,4861 |
| HKD | Hong Kong dollar | 8,8166 |
| NZD | New Zealand dollar | 1,6757 |
| SGD | Singapore dollar | 1,5335 |
| KRW | South Korean won | 1 310,43 |
| ZAR | South African rand | 17,1222 |
| CNY | Chinese yuan renminbi | 7,3570 |
| HRK | Croatian kuna | 7,4960 |
| IDR | Indonesian rupiah | 14 936,66 |
| MYR | Malaysian ringgit | 4,4433 |
| PHP | Philippine peso | 52,469 |
| RUB | Russian rouble | 76,5414 |
| THB | Thai baht | 39,884 |
| BRL | Brazilian real | 4,1554 |
| MXN | Mexican peso | 20,2108 |
| INR | Indian rupee | 75,6770 |

Currency

Exchange rate

USD

US dollar

1,1363

JPY

Japanese yen

123,36

DKK

Danish krone

7,4419

GBP

Pound sterling

0,80730

SEK

Swedish krona

9,2928

CHF

Swiss franc

1,0874

ISK

Iceland króna

NOK

Norwegian krone

9,4183

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,022

HUF

Hungarian forint

312,67

PLN

Polish zloty

4,2953

RON

Romanian leu

4,4685

TRY

Turkish lira

3,2415

AUD

Australian dollar

1,5091

CAD

Canadian dollar

1,4861

HKD

Hong Kong dollar

8,8166

NZD

New Zealand dollar

1,6757

SGD

Singapore dollar

1,5335

KRW

South Korean won

1 310,43

ZAR

South African rand

17,1222

CNY

Chinese yuan renminbi

7,3570

HRK

Croatian kuna

7,4960

IDR

Indonesian rupiah

14 936,66

MYR

Malaysian ringgit

4,4433

PHP

Philippine peso

52,469

RUB

Russian rouble

76,5414

THB

Thai baht

39,884

BRL

Brazilian real

4,1554

MXN

Mexican peso

20,2108

INR

Indian rupee

75,6770

---

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

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| 9.4.2016 | EN | Official Journal of the European Union | C 127/6 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/6

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Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1))

(Text with EEA relevance)

(2016/C 127/05)

Decisions granting an authorisation

| Reference of the decision (2) | Date of decision | Substance name | Holder of the authorisation | Authorisation number | Authorised use | Date of expiry of review period | Reasons for the decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C(2016) 2003 | 8 April 2016 | Dibutyl phthalate (DBP)
  EC No 201-557-4
  CAS No 84-74-2 | Deza a.s., Masarykova 753, 75728 Valašské Meziříčí, Czech Republic | REACH/16/1/0 | The use of DBP as an absorption solvent in a closed system in the manufacture of maleic anhydride | 21 February 2027 | — | Risk is adequately controlled in accordance with Article 60(2) of Regulation (EC) No 1907/2006. |

Reference of the decision (2)

Date of decision

Substance name

Holder of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2016) 2003

8 April 2016

Dibutyl phthalate (DBP)

EC No 201-557-4

CAS No 84-74-2

Deza a.s., Masarykova 753, 75728 Valašské Meziříčí, Czech Republic

REACH/16/1/0

The use of DBP as an absorption solvent in a closed system in the manufacture of maleic anhydride

21 February 2027

—

Risk is adequately controlled in accordance with Article 60(2) of Regulation (EC) No 1907/2006.

| — | There are no suitable alternatives at present. |
| --- | --- |

—

There are no suitable alternatives at present.

REACH/16/1/1

The use of DBP in propellants:

Formulation: industrial use of DBP as a burning rate surface moderant, plasticiser and/or coolant in the formulation of nitrocellulose-based propellant grains;

Use at industrial site: Industrial use of DBP-containing propellant grains in manufacture of ammunition for military and civilian uses, and pyrocartridges for aircraft ejection seat safety systems (includes propellants for police-force ammunition and excludes propellants intended for manual, private reloading of ammunition cartridges by civilian users, i.e., licensed individual sports shooters and hunters. No consumer use of DBP or its mixtures is covered by this use)

21 February 2027

REACH/16/1/2

The industrial use of DBP in ceramic sheets and printing pastes for production of capacitors and lambda sensor elements

21 February 2019

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(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 9.4.2016 | EN | Official Journal of the European Union | C 127/8 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/8

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Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

(2016/C 127/06)

Economic operators are informed that the Commission has received requests in accordance with the administrative arrangements foreseen in the Commission Communication concerning autonomous tariff suspensions and quotas (2011/C-363/02) (1) for the January round of 2017.

The list of the products for which a duty suspension is requested is now available on the Commission’s thematic (Europa) website on the customs union (2).

Economic operators are also informed that the deadline for objections against new requests to reach the Commission, via the national administrations, is 17 June 2016 which is the date of the second scheduled meeting of the Economic Tariff Questions Group.

Interested operators are advised to consult the list regularly in order to be informed on the status as the requests.

More information on the autonomous tariff suspension procedure can be found on the Europa website:

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/suspensions/index_en.htm

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(1)  OJ C 363, 13.12.2011, p. 6.

(2)  http://ec.europa.eu/taxation_customs/dds2/susp/susp_home.jsp?Lang=en

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OTHER ACTS

European Commission

| 9.4.2016 | EN | Official Journal of the European Union | C 127/9 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

C 127/9

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

(2016/C 127/07)

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

SINGLE DOCUMENT

‘STEIRISCHE KÄFERBOHNE’

EU No: AT-PDO-0005-01272 — 4.11.2014

PDO ( X ) PGI ( )

1.   Name

‘Steirische Käferbohne’

2.   Member State or Third Country

Member State or Third Country

Austria

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 product to which the name in (1) applies

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

The ‘Steirische Käferbohne’ designates the bi-coloured spotted or marbled variety of the botanical species Phaseolus coccineus L. (runner bean) adapted to the defined geographical area. It is sold as a dry bean or ready-to-eat. It is available as a fresh product only for a short period due to its limited shelf life.

Phaseolus coccineus

Physical properties of the dry ‘Steirische Käferbohne’:

—   weight of 1 000 pure seeds: minimum 1 200 g,

weight of 1 000 pure seeds

—   seed form: broad, kidney-shaped,

seed form

—   colours: bi-coloured (ranging from violet-black to brown-beige),

colours

—   distribution of the second colour: spotted or marbled.

distribution of the second colour

The most widely used varieties fitting the above description are ‘Bonela’ and ‘Melange’, which have been recorded in the national and the European variety register. Both the ‘Steirische Käferbohne’ seeds selected by the Styrian farmers themselves and new varieties are permitted, provided that they correspond to the above description of the ‘Steirische Käferbohne’.

The ‘Steirische Käferbohne’ is of varying colour intensity and gradient, but the bean itself is easily recognisable on the basis of the spotted or marbled pattern. Single-colour beans and beans with a predominantly white colour are permitted within a low tolerance level of 5 % of the weight.

Minimum requirements for ready-to-sell dry beans:

| | Broken beans are permitted up to 10 % by weight. A deviation in form and colour from the defined description is permitted up to 5 % by weight. |
| --- | --- |

Broken beans are permitted up to 10 % by weight. A deviation in form and colour from the defined description is permitted up to 5 % by weight.

| | The beans are soaked and cooked, or steamed or prepared in a similar manner. Thus the bean becomes much larger and heavier and its colour changes to a shade of brown. Adding liquids (e.g. water, vinegar, etc.) is normal and permitted. The addition of solids (e.g. salt, sugar, acidifiers or similar) for preservation or seasoning is also permitted. The dry product used for preparation must contain 100 % ‘Steirische Käferbohne’ beans and can contain broken beans up to a maximum of 10 % by weight. |
| --- | --- |

The beans are soaked and cooked, or steamed or prepared in a similar manner. Thus the bean becomes much larger and heavier and its colour changes to a shade of brown. Adding liquids (e.g. water, vinegar, etc.) is normal and permitted. The addition of solids (e.g. salt, sugar, acidifiers or similar) for preservation or seasoning is also permitted. The dry product used for preparation must contain 100 % ‘Steirische Käferbohne’ beans and can contain broken beans up to a maximum of 10 % by weight.

Components:

| | 100 g cooked Steirische Käferbohne beans have an average energy value of 396 kJ and contain approximately 7,08 g proteins, 0,77 g fat, 11,55 g carbohydrates and 6,35 g fibres. The average values of selected nutrients in the edible part of 100 g dried seeds are 17,59 g proteins, 1,68 g fat, 27,95 g carbohydrates, 34,4 g fibre. The energy value is 1 112 kJ. All values of the above nutrients are subject to natural fluctuations. |
| --- | --- |

100 g cooked Steirische Käferbohne beans have an average energy value of 396 kJ and contain approximately 7,08 g proteins, 0,77 g fat, 11,55 g carbohydrates and 6,35 g fibres. The average values of selected nutrients in the edible part of 100 g dried seeds are 17,59 g proteins, 1,68 g fat, 27,95 g carbohydrates, 34,4 g fibre. The energy value is 1 112 kJ. All values of the above nutrients are subject to natural fluctuations.

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)

Beans that are to be used as seeds must be clearly labelled as ‘Steirische Käferbohne’ beans. Seeds derived from the farmers’ own production (as a product of their harvest) or selection must originate in the defined area.

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

Production of the ‘Steirische Käferbohne’, as well as all steps involved in making it ready-to-eat, must take place in the defined geographical area.

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

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

—

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

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

‘Steirische Käferbohne’ beans are marketed as a fresh product (in limited quantities), as dry beans and as a ready-to-eat product, and are labelled as ‘Steirische Käferbohne’ PDO.

The designation ‘Steirische Käferbohne’ may be translated, provided that the German name also appears on the label.

4.   Concise definition of the geographical area

Concise definition of the geographical area

Province of Styria

5.   Link with the geographical area

Link with the geographical area

5.1.   Specificity of the geographical area

Specificity of the geographical area

The Illyrian climate and soils (light to average calcareous humus clay soils, very rich in minerals) of the area where the beans are grown, as well as the varieties used in the defined geographical area, are conducive to forming the visual characteristics, taste and yield rates of the ‘Steirische Käferbohne’. The geographical location of the crop growing area in Styria is well suited to the successful production of the ‘Steirische Käferbohne’, as it has a similar climate to the areas in North Mexico and Guatemala (Central America) from which Phaseolus coccineus L. originates. The plant is able to thrive and produce beans of a notable size (in terms of weight of 1 000 pure seeds) thanks to a humid climate (10-20 days of high humidity) and high rainfall levels in the summer months when extreme weather conditions tend to abate, little wind and higher overall temperatures (high number of sunshine hours and temperatures above 20 °C during the height of summer), especially during the blooming period. For optimal growth, the bean requires markedly more humidity than garden beans, which it gets thanks to the high levels of rainfall in the defined geographical area. It is damaged by extreme drought. It is also sensitive to frost and in particular requires enough warmth and water in order to flourish, although its tolerance to cold and wet conditions is markedly higher than that of other beans. In Austria, these ideal growing conditions are only to be found in the defined geographical area.

Phaseolus coccineus

The growers’ specialised know-how is an important factor in the development of the quality characteristics of the ‘Steirische Käferbohne’. Thanks to the regional growers’ knowledge and experience of the methods and principles of bean cultivation, as well as the progressive seed selection carried out in Styria (for which there is evidence dating back to the 19th century), the ‘Steirische Käferbohne’ is particularly well adapted to the soils and the climate in the geographic area. The most widely used varieties for the ‘Steirische Käferbohne’ PDO are ‘Bonela’ and ‘Melange’. The farmers of the defined area still select their own seeds, as they have done since bean cultivation was first practised in Styria. From this selection, the ‘Steirische Käferbohne’ developed over the centuries to be better adapted to the Styrian climate and acquired its distinctive, multicoloured spots and marbling, characteristic texture and taste.

The specialised expertise of the region’s growers is based on traditional rural and artisan know-how related to seed selection, variety maintenance, cultivation forms, the selection of the right support plants for the mix of crops (e.g. with maize), cultivation and harvesting methods, determining the right time for harvesting and the careful drying and specific processing of the harvest. This know-how has been refined over many generations and is a determining factor in the crop’s look, taste and yield rates.

5.2.   Specificity of the product

Specificity of the product

The ‘Steirische Käferbohne’, which is produced in the defined geographical area from specifically selected seeds of the Phaseolus coccineus L. species, is distinguishable from other beans by its particular colour and pattern (bi-coloured, ranging from violet-black to brown-beige, spotted or marbled) and its notable size (at least 1 200 g weight of 1 000 pure seeds). The beans are characterised by high water absorption, which makes them twice as large when cooked and ready to eat. It is similar in taste to chestnuts, i.e. tender and nutty. The texture is fine, creamy, melts in the mouth and is not mealy. A specificity of the ‘Steirische Käferbohne’ is its use in both savoury and sweet dishes.

Phaseolus coccineus

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

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

The ‘Steirische Käferbohne’ is the result of a unique combination of natural circumstances (climate and soil) and the traditional know-how of the growers in the geographical area. It is characterised by its size, its distinctive bi-coloured colouration and pattern, its non-mealy texture and its fine, creamy, nutty taste. It owes these characteristics to the climate and the soil conditions of the growing area as well as the well-preserved varieties that are selected and cultured in the defined geographical area. Through careful seed selection over several generations, Styrian farmers developed species of this special bean that are perfectly adapted to the geographical conditions of the defined area, which in turn directly affected the quality and the characteristics of the product, in terms of its size and shape, its colour intensity and variation, and its texture and taste. The humus clay soils, which are rich in minerals and very chalky, allow the ‘Steirische Käferbohne’ seeds to fully develop. The soil and climate conditions combine during the maturation process to influence the size of the beans and develop their fine taste, as well as boosting yield rates. This ongoing adaptation, i.e. selecting particular seeds, and variety maintenance allow for the correction of mutations and cross-breeding, which in combination with the soil characteristics and climate conditions of the defined geographical area produce the product’s characteristics. The growers’ knowledge of local conditions and know-how passed down the generations on the breeding of geographically adapted seeds, the best cultivation and harvesting methods and the correct time to harvest, mean the organoleptic characteristics of the product can optimally develop.

The status of the ‘Steirische Käferbohne’ as a product typical of the region contributes to maintaining the rural fabric of the area. It has led to the emergence of different culinary dishes (Steirischer Käferbohnensalat (Styrian runner bean salad) being the best known) and it is characterised by its many possible uses in food preparation. The importance and reputation of the product are reflected in its deep rootedness and the Styrian people’s high level of awareness and identification with the ‘Steirische Käferbohne’ (diverse culinary uses, cultural events, use in design, etc.).

Steirischer Käferbohnensalat

Reference to publication of the product specification

Reference to publication of the product specification

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

The full text of the specification is available under: http://www.patentamt.at/Media/Steirische_Kaeferbohne_Antrag.pdf

The specification text can also be directly found on the Austrian Patent Office’s website (www.patentamt.at), using the following path: ‘Markenschutz/Schutzrechte/Herkunftsangabe’ (http://www.patentamt.at/Markenschutz/Schutzrechte/Herkunftsangabe/). The text appears under the name of the quality designation.

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

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| 9.4.2016 | EN | Official Journal of the European Union | C 127/12 |
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9.4.2016

EN

Official Journal of the European Union

C 127/12

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Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU

Request made by a Contracting Entity

(2016/C 127/08)

On 2 February 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 3 February 2016.

This request, made by the President of the Office of Electronic Communications on behalf of Poczta Polska S.A. and concerns currier services and other services than postal in Poland. Article 35 of Directive 2014/25/EU provides that the later Directive is not applicable when the relevant activity is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2014/25/EU and are without prejudice to the application of competition rules.

Pursuant to letter (a) of first paragraph, of point 1 of Annex IV to Directive 2014/25/EU, the Commission is allowed a period of 105 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 7 July 2016.

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

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