# Official Journal C 31/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.031.eng |
| --- | --- |
| Official Journal
  of the European Union | C 31 |
| | |
| English edition | Information and Notices | Volume 554 February 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.031.eng

Official Journal

of the European Union

C 31

English edition

Information and Notices

Volume 554 February 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 031/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 031/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 031/02 | Euro exchange rates | 5 |
| 2012/C 031/03 | Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 October 2011 regarding a draft decision relating to Case COMP/39.592 — EFAMA/Standard & Poor's — Rapporteur: Finland | 6 |
| 2012/C 031/04 | Final Report of the Hearing Officer — COMP/39.592 — Standard & Poor's | 7 |
| 2012/C 031/05 | Summary of Commission Decision of 15 November 2011 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case COMP/39.592 — Standard & Poor's) (notified under document C(2011) 8209)
   (
  1
  ) | 8 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 031/06 | Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 10 |
| 2012/C 031/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 11 |
| 2012/C 031/08 | Decision on a reorganisation measure in respect of S.C. Forte Asigurări SA (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings) | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 031/02

Euro exchange rates

5

2012/C 031/03

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 October 2011 regarding a draft decision relating to Case COMP/39.592 — EFAMA/Standard & Poor's — Rapporteur: Finland

6

2012/C 031/04

Final Report of the Hearing Officer — COMP/39.592 — Standard & Poor's

7

2012/C 031/05

Summary of Commission Decision of 15 November 2011 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case COMP/39.592 — Standard & Poor's) (notified under document C(2011) 8209)
   (
  1
  )

(notified under document C(2011) 8209)

1

8

NOTICES FROM MEMBER STATES

2012/C 031/06

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

10

2012/C 031/07

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

11

2012/C 031/08

Decision on a reorganisation measure in respect of S.C. Forte Asigurări SA (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

12

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 031/09 | State aid — Austria — State aid SA.32554 (09/C) & SA.32172 (11/NN) — Hypo Group Alpe Adria — Invitation to submit comments pursuant to Article 108(2) TFEU (
  1
  ) | 13 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 031/10 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 18 |
| 2012/C 031/11 | Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 25 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 031/09

State aid — Austria — State aid SA.32554 (09/C) & SA.32172 (11/NN) — Hypo Group Alpe Adria — Invitation to submit comments pursuant to Article 108(2) TFEU (
  1
  )

1

13

OTHER ACTS

European Commission

2012/C 031/10

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

18

2012/C 031/11

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

25

| | |
| --- | --- |
| | (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

| 4.2.2012 | EN | Official Journal of the European Union | C 31/1 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2012/C 31/01

| Date of adoption of the decision | 18.2.2011 |
| --- | --- |
| Reference number of State Aid | NN 26/09 |
| Member State | Greece |
| Region | Epirus |
| Title (and/or name of the beneficiary) | Ανάπτυξη του αερολιμένα Ιωαννίνων — Anaptiksi tou aerolimena Ioanninon |
| Legal basis | Ν 3263/04 Μειοδοτικό σύστημα ανάθεσης έργων ΦΕΚ 179-I της 28ης Σεπτεμβρίου 2004 |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 25,14 million |
| Intensity | 100 % |
| Duration (period) | 2009-2013 |
| Economic sectors | Air transport |
| Name and address of the granting authority | Epirus Region |
| Βορ. Ηπείρου 20 |
| 453 33 Ιωάννινα |
| ΕΛΛΑΔΑ |

Date of adoption of the decision

18.2.2011

Reference number of State Aid

NN 26/09

Member State

Greece

Region

Epirus

Title (and/or name of the beneficiary)

Ανάπτυξη του αερολιμένα Ιωαννίνων — Anaptiksi tou aerolimena Ioanninon

Legal basis

Ν 3263/04 Μειοδοτικό σύστημα ανάθεσης έργων ΦΕΚ 179-I της 28ης Σεπτεμβρίου 2004

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: EUR 25,14 million

Intensity

100 %

Duration (period)

2009-2013

Economic sectors

Air transport

Name and address of the granting authority

Epirus Region

Βορ. Ηπείρου 20

453 33 Ιωάννινα

ΕΛΛΑΔΑ

| Epirus Region |
| --- |
| Vor. Ipirou 20 |
| 453 33 Ioannina |
| GREECE |

Epirus Region

Vor. Ipirou 20

453 33 Ioannina

GREECE

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 20.12.2011 |
| --- | --- |
| Reference number of State Aid | SA.31690 (N 438/10) |
| Member State | Germany |
| Region | Sachsen-Anhalt |
| Title (and/or name of the beneficiary) | IB Sachsen-Anhalt/Darlehensprogramm „Sachsen-Anhalt WACHSTUM“ für bestehende Unternehmen |
| Legal basis | Haushaltsordnung des Landes Sachsen-Anhalt, Verwaltungsvorschriften |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Interest subsidy |
| Budget | Overall budget: EUR 40 million |
| Intensity | — |
| Duration (period) | Until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Investitionsbank Sachsen-Anhalt |
| Domplatz 12 |
| 39104 Magdeburg |
| DEUTSCHLAND |

Date of adoption of the decision

20.12.2011

Reference number of State Aid

SA.31690 (N 438/10)

Member State

Germany

Region

Sachsen-Anhalt

Title (and/or name of the beneficiary)

IB Sachsen-Anhalt/Darlehensprogramm „Sachsen-Anhalt WACHSTUM“ für bestehende Unternehmen

Legal basis

Haushaltsordnung des Landes Sachsen-Anhalt, Verwaltungsvorschriften

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Interest subsidy

Budget

Overall budget: EUR 40 million

Intensity

—

Duration (period)

Until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Investitionsbank Sachsen-Anhalt

Domplatz 12

39104 Magdeburg

DEUTSCHLAND

Other information

Amendment decision

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 16.11.2011 |
| --- | --- |
| Reference number of State Aid | SA.32012 (10/N) |
| Member State | Portugal |
| Region | — |
| Title (and/or name of the beneficiary) | Sistema de incentivos a revitalização e modernização do tecido empresarial (SIRME) |
| Legal basis | Decreto-Lei |
| Type of measure | Aid scheme |
| Objective | Restructuring of firms in difficulty |
| Form of aid | Rescue aid loan, Interest subsidy, Guarantee |
| Budget | Overall budget: EUR 137,3 million |
| Intensity | 75 % |
| Duration (period) | 16.11.2011-31.10.2012 |
| Economic sectors | All sectors |
| Name and address of the granting authority | IAPMEI — Instituto de Apoio ás Pequenas e Médias Empresas e Inovação |
| Estrada do Paço do Lumiar |
| Campus do Lumiar — Edifício A |
| 1649-038 Lisboa |
| PORTUGAL |

Date of adoption of the decision

16.11.2011

Reference number of State Aid

SA.32012 (10/N)

Member State

Portugal

Region

—

Title (and/or name of the beneficiary)

Sistema de incentivos a revitalização e modernização do tecido empresarial (SIRME)

Legal basis

Decreto-Lei

Type of measure

Aid scheme

Objective

Restructuring of firms in difficulty

Form of aid

Rescue aid loan, Interest subsidy, Guarantee

Budget

Overall budget: EUR 137,3 million

Intensity

75 %

Duration (period)

16.11.2011-31.10.2012

Economic sectors

All sectors

Name and address of the granting authority

IAPMEI — Instituto de Apoio ás Pequenas e Médias Empresas e Inovação

Estrada do Paço do Lumiar

Campus do Lumiar — Edifício A

1649-038 Lisboa

PORTUGAL

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 22.12.2011 |
| --- | --- |
| Reference number of State Aid | SA.33472 (11/N) |
| Member State | Netherlands |
| Region | Het schadegebied dat gelegen is in de winterbedding van de Maas tussen de landsgrens en de Koninginnebrug bij Well voor zover daar geen gereglementeerde waterkeringen aanwezig zijn. |
| Title (and/or name of the beneficiary) | Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011 |
| Legal basis | — | Wet van 25 mei 1998 houdende regels over tegemoetkoming in de schade en de kosten ingeval van overstromingen door zoet water, aardbevingen of andere bij rampen en zware ongevallen — BWBR0009637 |

Date of adoption of the decision

22.12.2011

Reference number of State Aid

SA.33472 (11/N)

Member State

Netherlands

Region

Het schadegebied dat gelegen is in de winterbedding van de Maas tussen de landsgrens en de Koninginnebrug bij Well voor zover daar geen gereglementeerde waterkeringen aanwezig zijn.

Title (and/or name of the beneficiary)

Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011

Legal basis

—

Wet van 25 mei 1998 houdende regels over tegemoetkoming in de schade en de kosten ingeval van overstromingen door zoet water, aardbevingen of andere bij rampen en zware ongevallen — BWBR0009637

| — | Besluit van 10 november 1998 houdende regels ter uitvoering van de Wet tegemoetkoming schade bij rampen en zware ongevallen — BWBR0010000 |
| --- | --- |

—

Besluit van 10 november 1998 houdende regels ter uitvoering van de Wet tegemoetkoming schade bij rampen en zware ongevallen — BWBR0010000

| — | Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011 — BWBR0030242 |
| --- | --- |

—

Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011 — BWBR0030242

Type of measure

Aid scheme

Objective

Compensation for damage caused by natural disasters or exceptional occurrences

Form of aid

Direct grant

Budget

Overall budget: EUR 0,7 million

Intensity

100 %

Duration (period)

Until 31.1.2012

Economic sectors

All sectors

Name and address of the granting authority

Dienst regelingen Ministerie van Economische Zaken, Landbouw en Innovatie

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 4.2.2012 | EN | Official Journal of the European Union | C 31/5 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/5

---

Euro exchange rates (1)

3 February 2012

2012/C 31/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3160 |
| JPY | Japanese yen | 100,30 |
| DKK | Danish krone | 7,4333 |
| GBP | Pound sterling | 0,83220 |
| SEK | Swedish krona | 8,8480 |
| CHF | Swiss franc | 1,2050 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6440 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,064 |
| HUF | Hungarian forint | 291,80 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6999 |
| PLN | Polish zloty | 4,1932 |
| RON | Romanian leu | 4,3485 |
| TRY | Turkish lira | 2,3112 |
| AUD | Australian dollar | 1,2311 |
| CAD | Canadian dollar | 1,3189 |
| HKD | Hong Kong dollar | 10,2068 |
| NZD | New Zealand dollar | 1,5829 |
| SGD | Singapore dollar | 1,6401 |
| KRW | South Korean won | 1 470,78 |
| ZAR | South African rand | 10,0272 |
| CNY | Chinese yuan renminbi | 8,3042 |
| HRK | Croatian kuna | 7,5843 |
| IDR | Indonesian rupiah | 11 805,66 |
| MYR | Malaysian ringgit | 3,9616 |
| PHP | Philippine peso | 55,986 |
| RUB | Russian rouble | 39,8093 |
| THB | Thai baht | 40,638 |
| BRL | Brazilian real | 2,2706 |
| MXN | Mexican peso | 16,8909 |
| INR | Indian rupee | 64,2270 |

Currency

Exchange rate

USD

US dollar

1,3160

JPY

Japanese yen

100,30

DKK

Danish krone

7,4333

GBP

Pound sterling

0,83220

SEK

Swedish krona

8,8480

CHF

Swiss franc

1,2050

ISK

Iceland króna

NOK

Norwegian krone

7,6440

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,064

HUF

Hungarian forint

291,80

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6999

PLN

Polish zloty

4,1932

RON

Romanian leu

4,3485

TRY

Turkish lira

2,3112

AUD

Australian dollar

1,2311

CAD

Canadian dollar

1,3189

HKD

Hong Kong dollar

10,2068

NZD

New Zealand dollar

1,5829

SGD

Singapore dollar

1,6401

KRW

South Korean won

1 470,78

ZAR

South African rand

10,0272

CNY

Chinese yuan renminbi

8,3042

HRK

Croatian kuna

7,5843

IDR

Indonesian rupiah

11 805,66

MYR

Malaysian ringgit

3,9616

PHP

Philippine peso

55,986

RUB

Russian rouble

39,8093

THB

Thai baht

40,638

BRL

Brazilian real

2,2706

MXN

Mexican peso

16,8909

INR

Indian rupee

64,2270

---

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

---

| 4.2.2012 | EN | Official Journal of the European Union | C 31/6 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/6

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 October 2011 regarding a draft decision relating to Case COMP/39.592 — EFAMA/Standard & Poor's

Rapporteur: Finland

2012/C 31/03

| 1. | The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 12 October 2011 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 12 October 2011 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission that the proceedings concerning Standard & Poor's can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the proceedings concerning Standard & Poor's can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by Standard & Poor's are suitable, necessary and proportionate and should be made legally binding on the latter. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the commitments offered by Standard & Poor's are suitable, necessary and proportionate and should be made legally binding on the latter.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by Standard & Poor's, there are no longer grounds for action by the Commission against the latter, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Standard & Poor's, there are no longer grounds for action by the Commission against the latter, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

5.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| 6. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

6.

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

---

| 4.2.2012 | EN | Official Journal of the European Union | C 31/7 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/7

---

Final Report of the Hearing Officer (1)

COMP/39.592 — Standard & Poor's

2012/C 31/04

The draft Commitment Decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerns Standard & Poor's, a subsidiary of The McGraw-Hill Companies, Inc. Standard & Poor's, as the sole-appointed US numbering agency, which is alleged to have abused its dominant position within the meaning of Article 102 of the TFEU by charging unfair prices for the use of US International Securities Identification Numbers (‘ISINs’) in the EEA. ISINs are identifiers for securities and are indispensible for operations such as interbank communication, clearing and settlement, custody, reporting to authorities and reference data management.

The case against Standard & Poor's originated from a joint complaint submitted by the European Fund and Asset Management Agency (‘EFAMA’) and other associations.

On 6 January 2009 the Commission opened proceedings with a view to taking a decision under Chapter III of Regulation (EC) No 1/2003 (2) and adopted a statement of objections on 13 November 2009. While disagreeing with the preliminary findings, Standard & Poor's submitted a set of commitments on 7 April 2011 to meet the competition concerns of the Commission. The company offered to abolish all charges to indirect end users of US ISINs. With respect to direct users, Standard & Poor's undertook to distribute US ISIN records separately from other added value data. The initial price of this service was to be set at USD 15 000 per annum.

On 14 May 2011, the Commission published a summary of the case and the main content of the commitments in the Official Journal of the European Union pursuant to Article 27(4). It invited interested third parties to submit observations. Having received a number of responses, in particular from end users, it informed Standard & Poor's of the observations it had received. In light of these, the company submitted final revised commitments in September 2011.

After the Commission had informed the complainants about the revised commitments, they withdrew their complaint.

The Commission has now come to the conclusion that, without prejudice to Article 9(2), the proceedings should be brought to an end.

No queries or submissions have been made to me in connection with the present case by Standard & Poor's or any third parties.

I consider therefore that the right to be heard has been respected in this case.

Brussels, 26 October 2011.

Michael ALBERS

---

(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)  In the following, all Articles referred to relate to Regulation (EC) No 1/2003.

2

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| 4.2.2012 | EN | Official Journal of the European Union | C 31/8 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/8

---

Summary of Commission Decision

of 15 November 2011

relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement

(Case COMP/39.592 — Standard & Poor's)

(notified under document C(2011) 8209)

(Only the English text is authentic)

(Text with EEA relevance)

2012/C 31/05

On 15 November 2011, the Commission adopted a decision relating to a proceeding under Article 102 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.   PRELIMINARY COMPETITION CONCERNS

| (1) | In its statement of objections of 13 November 2009, which constitutes a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003, the Commission came to the provisional conclusion that Standard & Poor's (S&P), a subsidiary of The McGraw-Hill Companies, Inc., had infringed Article 102 of the Treaty and Article 54 of the EEA Agreement by setting unfairly high fees for the supply of US International Securities Identification Numbers (ISINs). |
| --- | --- |

(1)

In its statement of objections of 13 November 2009, which constitutes a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003, the Commission came to the provisional conclusion that Standard & Poor's (S&P), a subsidiary of The McGraw-Hill Companies, Inc., had infringed Article 102 of the Treaty and Article 54 of the EEA Agreement by setting unfairly high fees for the supply of US International Securities Identification Numbers (ISINs).

| (2) | US ISINs are used by banks and other financial institutions in order to identify financial instruments issued in the US in inter-bank communications, asset and portfolio valuation, clearing and settlement, front office operations in particular in relation to bonds, custody issues, internal reporting and reporting to authorities, reference data management, etc. |
| --- | --- |

(2)

US ISINs are used by banks and other financial institutions in order to identify financial instruments issued in the US in inter-bank communications, asset and portfolio valuation, clearing and settlement, front office operations in particular in relation to bonds, custody issues, internal reporting and reporting to authorities, reference data management, etc.

| (3) | The ISIN system was developed by the International Organisation for Standardisation (‘ISO’) as ISO standard 6166, in response to the increase in securities transactions at international level. US ISINs are based on CUSIPs (2), which are the securities identifiers developed first for the domestic market in the US. The ISO standard 6166 designates S&P as the responsible National Numbering Agency (NNA) for the US. S&P has therefore a dominant position on the market for the allocation of ISINs according to the ISO standard 6166 but also on the market for first-hand electronic distribution and licensing of US ISINs via data feeds. Although other companies also distribute ISINs, for instance, the information service providers (ISPs), those ‘second’ or ‘third’ hand distributors are primarily users and redistributors but not the source of the ISINs. |
| --- | --- |

(3)

The ISIN system was developed by the International Organisation for Standardisation (‘ISO’) as ISO standard 6166, in response to the increase in securities transactions at international level. US ISINs are based on CUSIPs (2), which are the securities identifiers developed first for the domestic market in the US. The ISO standard 6166 designates S&P as the responsible National Numbering Agency (NNA) for the US. S&P has therefore a dominant position on the market for the allocation of ISINs according to the ISO standard 6166 but also on the market for first-hand electronic distribution and licensing of US ISINs via data feeds. Although other companies also distribute ISINs, for instance, the information service providers (ISPs), those ‘second’ or ‘third’ hand distributors are primarily users and redistributors but not the source of the ISINs.

| (4) | The ISO standard 6166 was developed at international level as a public service to the financial services industry. Under ISO's cost recovery principle, NNAs must not charge, for the distribution of ISINs, more than necessary to recover the costs incurred for such distribution and only if they are the direct supplier of ISINs. Furthermore, according to the same principle, in the absence of a direct supply, NNAs should not charge for the mere use of ISINs. In other words, charges to direct users should observe the cost recovery principle and there should be no charges to indirect users. In this case, the ISO cost recovery principle provides a strong and useful indication for the assessment whether the prices charged by S&P are unfair within the meaning of Article 102 of the Treaty. |
| --- | --- |

(4)

The ISO standard 6166 was developed at international level as a public service to the financial services industry. Under ISO's cost recovery principle, NNAs must not charge, for the distribution of ISINs, more than necessary to recover the costs incurred for such distribution and only if they are the direct supplier of ISINs. Furthermore, according to the same principle, in the absence of a direct supply, NNAs should not charge for the mere use of ISINs. In other words, charges to direct users should observe the cost recovery principle and there should be no charges to indirect users. In this case, the ISO cost recovery principle provides a strong and useful indication for the assessment whether the prices charged by S&P are unfair within the meaning of Article 102 of the Treaty.

| (5) | On that basis, the statement of objections expressed the concern that S&P's licensing fees for US ISINs are unfair for several reasons. Firstly, S&P applies a licensing fee vis-à-vis indirect users, which is not in line with the aforementioned principles. Secondly, the licensing fees that S&P demands from direct users significantly exceed the costs incurred for that activity. |
| --- | --- |

(5)

On that basis, the statement of objections expressed the concern that S&P's licensing fees for US ISINs are unfair for several reasons. Firstly, S&P applies a licensing fee vis-à-vis indirect users, which is not in line with the aforementioned principles. Secondly, the licensing fees that S&P demands from direct users significantly exceed the costs incurred for that activity.

2.   COMMITMENT DECISION

| (6) | S&P offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 to meet the Commission's competition concerns. |
| --- | --- |

(6)

S&P offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 to meet the Commission's competition concerns.

| (7) | On 14 May 2011, a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 12 and 26 July 2011, the Commission informed S&P of the observations received from interested third parties following the publication of the notice. On 13 September 2011, S&P submitted a revised proposal for commitments (the ‘revised commitments’). |
| --- | --- |

(7)

On 14 May 2011, a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 12 and 26 July 2011, the Commission informed S&P of the observations received from interested third parties following the publication of the notice. On 13 September 2011, S&P submitted a revised proposal for commitments (the ‘revised commitments’).

| (8) | By Decision of 15 November 2011, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the revised commitments binding on S&P for five years. The key elements of the commitments offered by S&P are summarised below. |
| --- | --- |

(8)

By Decision of 15 November 2011, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the revised commitments binding on S&P for five years. The key elements of the commitments offered by S&P are summarised below.

| (9) | S&P committed to abolish all charges to indirect users for the use of US ISINs within the EEA. This implies, firstly, that all indirect users currently having a licensing agreement with S&P allowing them to use US ISINs within the EEA will no longer pay licensing fees. Secondly, S&P committed not to impose licensing fees on any indirect user which does not currently have a contract with S&P. |
| --- | --- |

(9)

S&P committed to abolish all charges to indirect users for the use of US ISINs within the EEA. This implies, firstly, that all indirect users currently having a licensing agreement with S&P allowing them to use US ISINs within the EEA will no longer pay licensing fees. Secondly, S&P committed not to impose licensing fees on any indirect user which does not currently have a contract with S&P.

| (10) | In respect of direct users and ISPs or service bureaus (that is to say, outsourced data management service providers) that decide to obtain US ISINs from S&P and not from ISPs, S&P commits to distribute US ISIN records separately from other added value information, via an FTP (3) delivery on a daily basis. Having regard to S&P’s cost data, the initial price of that service will be set at USD 15 000 per annum. |
| --- | --- |

(10)

In respect of direct users and ISPs or service bureaus (that is to say, outsourced data management service providers) that decide to obtain US ISINs from S&P and not from ISPs, S&P commits to distribute US ISIN records separately from other added value information, via an FTP (3) delivery on a daily basis. Having regard to S&P’s cost data, the initial price of that service will be set at USD 15 000 per annum.

| (11) | Direct and indirect users as well as ISPs which currently have a contractual relationship in place with S&P for the use and/or distribution of US ISINs within the EEA, will, following notification from S&P, have a right to early termination of their existing contracts with S&P, effective from the implementation date (4). As of the implementation date they will be able to choose between subscribing to the new US ISIN Record Service, continuing with their existing contracts or subscribing to any other product S&P offers. |
| --- | --- |

(11)

Direct and indirect users as well as ISPs which currently have a contractual relationship in place with S&P for the use and/or distribution of US ISINs within the EEA, will, following notification from S&P, have a right to early termination of their existing contracts with S&P, effective from the implementation date (4). As of the implementation date they will be able to choose between subscribing to the new US ISIN Record Service, continuing with their existing contracts or subscribing to any other product S&P offers.

| (12) | The commitments will be implemented within five months from the date when this Decision is notified to S&P. S&P will communicate the exact date (the ‘implementation date’) to the Commission. |
| --- | --- |

(12)

The commitments will be implemented within five months from the date when this Decision is notified to S&P. S&P will communicate the exact date (the ‘implementation date’) to the Commission.

| (13) | The effect of the commitments is limited to the EEA. This means that direct and indirect users of the new service must be located within the EEA. S&P committed to submit a yearly confidential report to the Commission on the implementation of the commitments. The commitments will apply for five years, starting from the implementation date. |
| --- | --- |

(13)

The effect of the commitments is limited to the EEA. This means that direct and indirect users of the new service must be located within the EEA. S&P committed to submit a yearly confidential report to the Commission on the implementation of the commitments. The commitments will apply for five years, starting from the implementation date.

| (14) | However, S&P intends to impose certain restrictions on the use of US ISIN records. Both direct and indirect users will be required to conclude an agreement with S&P that prohibits the extraction of CUSIPs from the US ISIN data as well as the bulk redistribution and resale of US ISINs to companies other than affiliates located within the EEA. The agreements between indirect users and their ISPs will contain the same clauses. ISPs and service bureaus will have the right to redistribute US ISIN records in bulk format, but they may not extract CUSIPs from the US ISIN data. ISPs will be allowed to redistribute US ISIN records to their affiliates, but not to other ISPs. |
| --- | --- |

(14)

However, S&P intends to impose certain restrictions on the use of US ISIN records. Both direct and indirect users will be required to conclude an agreement with S&P that prohibits the extraction of CUSIPs from the US ISIN data as well as the bulk redistribution and resale of US ISINs to companies other than affiliates located within the EEA. The agreements between indirect users and their ISPs will contain the same clauses. ISPs and service bureaus will have the right to redistribute US ISIN records in bulk format, but they may not extract CUSIPs from the US ISIN data. ISPs will be allowed to redistribute US ISIN records to their affiliates, but not to other ISPs.

| (15) | The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on the adoption of the decision on 25 October 2011. On 26 October 2011, the Hearing Officer issued his final report. |
| --- | --- |

(15)

The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on the adoption of the decision on 25 October 2011. On 26 October 2011, the Hearing Officer issued his final report.

---

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

(2)  CUSIPs are the national identifiers on which the US ISINs are based by adding a country code and a control number. CUSIP stands for Committee on Uniform Security Identification Procedures.

(3)  File Transfer Protocol.

(4)  The date on which S&P will make available the US ISIN Record Masterfile in data feed format via FTP delivery.

---

NOTICES FROM MEMBER STATES

| 4.2.2012 | EN | Official Journal of the European Union | C 31/10 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/10

---

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

2012/C 31/06

| Member State | Spain |
| --- | --- |
| Route concerned | La Gomera–Tenerife Norte
  La Gomera–(Tenerife Norte)–Gran Canaria
  El Hierro–Gran Canaria
  Gran Canaria–Tenerife Sur |
| Date of entry into force of the public service obligations | Date of publication of this notice |
| Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained | Ministerio de Fomento |
| Dirección General de Aviación Civil |
| Subdirección General de Transporte Aéreo |
| Paseo de la Castellana, 67 |
| 28071 Madrid |
| ESPAÑA |
| Tel. +34 915978454 |
| Fax +34 915978643 |
| E-mail: registrotarifas@fomento.es |

Member State

Spain

Route concerned

La Gomera–Tenerife Norte

La Gomera–(Tenerife Norte)–Gran Canaria

El Hierro–Gran Canaria

Gran Canaria–Tenerife Sur

Date of entry into force of the public service obligations

Date of publication of this notice

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained

Ministerio de Fomento

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Paseo de la Castellana, 67

28071 Madrid

ESPAÑA

Tel. +34 915978454

Fax +34 915978643

E-mail: registrotarifas@fomento.es

---

| 4.2.2012 | EN | Official Journal of the European Union | C 31/11 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/11

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2012/C 31/07

Aid No: SA.34213 (12/XA)

Member State: Germany

Region: Deutschland

Title of aid scheme or name of company receiving an individual aid: Bund: Effizienter Energieeinsatz im Gartenbau — Aufbau einer Informationsplattform zur Förderung des effizienten Energieeinsatzes im Gartenbau als Zusatzmodul des Gartenbau-Informationssystems hortigate zur Nutzung durch die Gartenbaubranche

612-40306/0002

Legal basis: Die Beihilfe wird per Änderungsbescheid (AZ: BLE-514-06.01-08SV001) vom 6. Dezember 2011 auf Grundlage der Bundeshaushaltsordnung gewährt.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,10 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 26 January 2012-31 December 2012

Objective of aid: Technical support (Article 15 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Agriculture, forestry and fishing

Name and address of the granting authority:

| Bundesanstalt für Landwirtschaft und Ernährung (BLE) |
| --- |
| Ref. 514 — Projektträger Agrarforschung |
| 53168 Bonn |
| DEUTSCHLAND |

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Ref. 514 — Projektträger Agrarforschung

53168 Bonn

DEUTSCHLAND

Website: http://www.ble.de/SharedDocs/Downloads/04_Forschungsfoerderung/HortigateZusatzmodul_Projektverlaengerung2.html?nn=2303696

Other information: —

---

| 4.2.2012 | EN | Official Journal of the European Union | C 31/12 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/12

---

Decision on a reorganisation measure in respect of S.C. Forte Asigurări SA

(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

2012/C 31/08

| Insurance undertaking | S.C. Forte Asigurări SA, with its registered office at Calea Grivitei nr. 6, etaj 5, sector 1, București, România, registered at the Trade Register Office under No J40/1814/11.3.1996, Single Registration Number 8209593, represented legally by Guglielmo Frinzi, as Director-General |
| --- | --- |
| Date, entry into force and nature of the decision | Decision No 1068 of 21 December 2011 on launching the financial recovery procedure, based on a financial recovery plan, for S.C. Forte Asigurări SA, entering into force on the date of its notification |
| Competent authorities | Article 11(3) of Act No 503/2004
  Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sectorul 1, București, România, Tax Registration Number 14045240/1.7.2001 |
| Supervisory authority | Article 11(3) of Act No 503/2004
  Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sector 1, București, România, Tax Registration Number 4045240/1.7.2001 |
| Administrator appointed | The financial recovery procedure based on a financial recovery plan does not require the appointment of a special administrator |
| Applicable law | Act No 503/2004 on financial recovery and bankruptcy of insurance undertakings |

Insurance undertaking

S.C. Forte Asigurări SA, with its registered office at Calea Grivitei nr. 6, etaj 5, sector 1, București, România, registered at the Trade Register Office under No J40/1814/11.3.1996, Single Registration Number 8209593, represented legally by Guglielmo Frinzi, as Director-General

Date, entry into force and nature of the decision

Decision No 1068 of 21 December 2011 on launching the financial recovery procedure, based on a financial recovery plan, for S.C. Forte Asigurări SA, entering into force on the date of its notification

Competent authorities

Article 11(3) of Act No 503/2004

Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sectorul 1, București, România, Tax Registration Number 14045240/1.7.2001

Supervisory authority

Article 11(3) of Act No 503/2004

Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sector 1, București, România, Tax Registration Number 4045240/1.7.2001

Administrator appointed

The financial recovery procedure based on a financial recovery plan does not require the appointment of a special administrator

Applicable law

Act No 503/2004 on financial recovery and bankruptcy of insurance undertakings

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 4.2.2012 | EN | Official Journal of the European Union | C 31/13 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/13

---

STATE AID — AUSTRIA

State aid SA.32554 (09/C) & SA.32172 (11/NN) — Hypo Group Alpe Adria

Invitation to submit comments pursuant to Article 108(2) TFEU

(Text with EEA relevance)

2012/C 31/09

By means of the letter dated 19 July 2011 reproduced in the authentic language on the pages following this summary, the Commission notified Austria of its decision to extend the procedure as laid down in Article 108(2) TFEU.

Interested parties may submit their comments on the measures in respect of which the Commission is extending the procedure within one month of the date of publication of this summary and the following letter, to:

| European Commission |
| --- |
| Directorate-General for Competition |
| State aid Greffe |
| Office: J70, 03/225 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax: +32 22961242 |

European Commission

Directorate-General for Competition

State aid Greffe

Office: J70, 03/225

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax: +32 22961242

Those comments will be communicated to Austria. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

TEXT OF SUMMARY

I.   PROCEDURE

| 1. | On 12 May 2009 (case C 16/09) the Commission raised doubts on the compatibility of restructuring aid received by Hypo Group Alpe Adria (HGAA) with Article 107(3)(b) TFEU. |
| --- | --- |

1.

On 12 May 2009 (case C 16/09) the Commission raised doubts on the compatibility of restructuring aid received by Hypo Group Alpe Adria (HGAA) with Article 107(3)(b) TFEU.

| 2. | On 29 December 2010, Austria notified additional aid for HGAA in order for the bank to maintain the minimum regulatory capital requirements. |
| --- | --- |

2.

On 29 December 2010, Austria notified additional aid for HGAA in order for the bank to maintain the minimum regulatory capital requirements.

II.   FACTS

| 3. | A review of the bank's assets showed at the end of 2010 a need for additional write-downs. To ensure compliance with regulatory capital requirements Austria granted as of 31 December 2010 an asset guarantee (Bürgschaft) to HGAA amounting to a maximum of EUR 200 million and expiring on 30 June 2013. Whilst the remuneration for the guarantee ends when the guarantee expires the remuneration for amounts called upon stops in August 2013 whether the amount is repaid or not. The guarantee constitutes a first-loss protection for an identified asset pool. |
| --- | --- |

3.

A review of the bank's assets showed at the end of 2010 a need for additional write-downs. To ensure compliance with regulatory capital requirements Austria granted as of 31 December 2010 an asset guarantee (Bürgschaft) to HGAA amounting to a maximum of EUR 200 million and expiring on 30 June 2013. Whilst the remuneration for the guarantee ends when the guarantee expires the remuneration for amounts called upon stops in August 2013 whether the amount is repaid or not. The guarantee constitutes a first-loss protection for an identified asset pool.

III.   ASSESSMENT

| 4. | The measure can be found temporarily compatible, until the Commission takes a decision on HGAA's restructuring plan, under Article 107(3)(b) TFEU because it is required to prevent the risk of insolvency of a systemically relevant bank. The remuneration for amounts called upon stops on 31 August 2013 even if the amounts are not repaid by then. The Commission has doubts whether that arrangement is adequate and whether the remuneration would not need to continue until repayment of the amounts called upon. The Commission will therefore reassess that issue when assessing the restructuring plan. |
| --- | --- |

4.

The measure can be found temporarily compatible, until the Commission takes a decision on HGAA's restructuring plan, under Article 107(3)(b) TFEU because it is required to prevent the risk of insolvency of a systemically relevant bank. The remuneration for amounts called upon stops on 31 August 2013 even if the amounts are not repaid by then. The Commission has doubts whether that arrangement is adequate and whether the remuneration would not need to continue until repayment of the amounts called upon. The Commission will therefore reassess that issue when assessing the restructuring plan.

| 5. | In addition, the Commission has decided to extend the proceedings laid down in Article 108(2) TFEU with respect to the above aid measure in favour of HGAA. The Commission continues to have doubts, which are reinforced by the additionally needed aid measure, whether the submitted restructuring plan is apt to restore the long-term viability of HGAA, whether distortions of competition have been sufficiently limited and whether an adequate burden-sharing is achieved. |
| --- | --- |

5.

In addition, the Commission has decided to extend the proceedings laid down in Article 108(2) TFEU with respect to the above aid measure in favour of HGAA. The Commission continues to have doubts, which are reinforced by the additionally needed aid measure, whether the submitted restructuring plan is apt to restore the long-term viability of HGAA, whether distortions of competition have been sufficiently limited and whether an adequate burden-sharing is achieved.

TEXT OF LETTER

‘The Commission wishes to inform Austria that, having examined the information supplied by the Austrian authorities on the aid measure in the form of an asset guarantee to the benefit of Hypo Group Alpe Adria (“HGAA” or “the bank”), it has decided to temporarily find that aid measure compatible with the internal market until it has concluded its examination of the restructuring plan of the bank and that it has decided to extend the proceedings laid down in Article 108(2) of the Treaty on the Functioning of the European Union (1) (TFEU) which were instigated by decision C(2009) 3811 final on 12 May 2009 and extended on 23 December 2009 and on 22 June 2010.

1.   PROCEDURE

| 1. | In December 2008, Hypo Group Alpe Adria (HGAA), which was BayernLB's subsidiary at the time, received EUR 700 million of capital from BayernLB following large write-downs and losses. In addition, HGAA received EUR 900 million in Tier 1 Partizipationskapital
   (2) from the Republic of Austria on the basis of the Austrian bank support scheme (3). |
| --- | --- |

1.

In December 2008, Hypo Group Alpe Adria (HGAA), which was BayernLB's subsidiary at the time, received EUR 700 million of capital from BayernLB following large write-downs and losses. In addition, HGAA received EUR 900 million in Tier 1 Partizipationskapital
   (2) from the Republic of Austria on the basis of the Austrian bank support scheme (3).

| 2. | On 29 April 2009, Germany notified a restructuring plan for BayernLB, including HGAA, to the Commission. Austria provided a viability plan for HGAA at the same date. |
| --- | --- |

2.

On 29 April 2009, Germany notified a restructuring plan for BayernLB, including HGAA, to the Commission. Austria provided a viability plan for HGAA at the same date.

| 3. | In its decision of 12 May 2009 in case N 254/09 (4) (“the opening decision”) the Commission initiated a formal investigation procedure, raising doubts about the compatibility of the restructuring aid to BayernLB with the internal market, and in particular whether the restructuring plan was apt to restore the viability of BayernLB. In the same decision, the Commission questioned whether HGAA was fundamentally sound and expressed doubts regarding the compatibility of the aid granted to HGAA by Austria with the internal market. |
| --- | --- |

3.

In its decision of 12 May 2009 in case N 254/09 (4) (“the opening decision”) the Commission initiated a formal investigation procedure, raising doubts about the compatibility of the restructuring aid to BayernLB with the internal market, and in particular whether the restructuring plan was apt to restore the viability of BayernLB. In the same decision, the Commission questioned whether HGAA was fundamentally sound and expressed doubts regarding the compatibility of the aid granted to HGAA by Austria with the internal market.

| 4. | Austria notified additional aid measures for HGAA on 18 December 2009, including a temporary asset guarantee which has since expired, a capital injection and a provision of liquidity. In its decision of 23 December 2009 in cases C 16/09 and N 698/09 (5) (“the rescue decision”) the Commission extended the investigation procedure in relation to those measures, which it at the same time found temporarily compatible with the internal market on the basis of Article 107(3)(b) TFEU for a period of up to six months. Austria purchased the existing shares from the previous owners for a symbolic euro and became therefore on 30 December 2009 the sole owner of the bank. |
| --- | --- |

4.

Austria notified additional aid measures for HGAA on 18 December 2009, including a temporary asset guarantee which has since expired, a capital injection and a provision of liquidity. In its decision of 23 December 2009 in cases C 16/09 and N 698/09 (5) (“the rescue decision”) the Commission extended the investigation procedure in relation to those measures, which it at the same time found temporarily compatible with the internal market on the basis of Article 107(3)(b) TFEU for a period of up to six months. Austria purchased the existing shares from the previous owners for a symbolic euro and became therefore on 30 December 2009 the sole owner of the bank.

| 5. | On 16 April 2010 Austria submitted a restructuring plan for HGAA. |
| --- | --- |

5.

On 16 April 2010 Austria submitted a restructuring plan for HGAA.

| 6. | In view of the ongoing assessment of the restructuring plan by the Commission Austria asked for a prolongation of the temporary approval of the measures for HGAA by letter dated 15 June 2010. The Commission decided on 22 June 2010 in case C 16/09 (6) to prolong the validity of the measures until it had concluded on the restructuring plan (“the prolongation decision”). |
| --- | --- |

6.

In view of the ongoing assessment of the restructuring plan by the Commission Austria asked for a prolongation of the temporary approval of the measures for HGAA by letter dated 15 June 2010. The Commission decided on 22 June 2010 in case C 16/09 (6) to prolong the validity of the measures until it had concluded on the restructuring plan (“the prolongation decision”).

| 7. | The Commission sent a list of questions regarding the submitted restructuring plan to Austria on 11 June 2010, to which Austria responded on 20 September 2010. |
| --- | --- |

7.

The Commission sent a list of questions regarding the submitted restructuring plan to Austria on 11 June 2010, to which Austria responded on 20 September 2010.

| 8. | On 29 December 2010, Austria notified an additional measure in favour of HGAA in the form of an asset guarantee amounting to EUR 200 million. As the measure has already been granted, it is considered as non-notified. In view of the separation of the procedures relating to BayernLB and HGAA, the Commission informed Austria and Germany on 7 February 2011 that the case of HGAA would be split procedurally from the C 16/09 case and would thereafter be referred to as SA.32554 (09/C) “Restructuring Aid for Hypo Group Alpe Adria”. A meeting with the Austrian authorities took place on 24 January 2011. On 18 March, 15 April, and 3 May 2011, Austria submitted further information. |
| --- | --- |

8.

On 29 December 2010, Austria notified an additional measure in favour of HGAA in the form of an asset guarantee amounting to EUR 200 million. As the measure has already been granted, it is considered as non-notified. In view of the separation of the procedures relating to BayernLB and HGAA, the Commission informed Austria and Germany on 7 February 2011 that the case of HGAA would be split procedurally from the C 16/09 case and would thereafter be referred to as SA.32554 (09/C) “Restructuring Aid for Hypo Group Alpe Adria”. A meeting with the Austrian authorities took place on 24 January 2011. On 18 March, 15 April, and 3 May 2011, Austria submitted further information.

| 9. | On 21 April 2011, Austria submitted a new restructuring plan for HGAA. |
| --- | --- |

9.

On 21 April 2011, Austria submitted a new restructuring plan for HGAA.

| 10. | On 24 May 2011, the Commission found the EUR 200 million asset guarantee in favour of HGAA temporarily compatible with the internal market (decision SA.32172 (11/NN)), while extending the formal investigation procedure. |
| --- | --- |

10.

On 24 May 2011, the Commission found the EUR 200 million asset guarantee in favour of HGAA temporarily compatible with the internal market (decision SA.32172 (11/NN)), while extending the formal investigation procedure.

| 11. | Subsequently, the Austrian authorities pointed out to the Commission that one element of the decision of 24 May 2011 did not reflect the final agreement on the guarantee between Austria and the bank. |
| --- | --- |

11.

Subsequently, the Austrian authorities pointed out to the Commission that one element of the decision of 24 May 2011 did not reflect the final agreement on the guarantee between Austria and the bank.

| 12. | It is necessary to deal with that discrepancy. The present decision thus replaces and annuls the decision of 24 May 2011 (SA.32172 (C(2011) 3648 final)). |
| --- | --- |

12.

It is necessary to deal with that discrepancy. The present decision thus replaces and annuls the decision of 24 May 2011 (SA.32172 (C(2011) 3648 final)).

| 13. | Given the urgency of the measures, Austria has exceptionally agreed that this decision is adopted in the English language. |
| --- | --- |

13.

Given the urgency of the measures, Austria has exceptionally agreed that this decision is adopted in the English language.

2.   DESCRIPTION

2.1.   The beneficiary and the temporarily authorised aid measures

| 14. | The seat and headquarter of HGAA is in Carinthia (Austria) from where the bank and the leasing business is controlled. For a detailed description of the beneficiary and the authorised aid measures so far, reference is made to the opening decision and the rescue decision. |
| --- | --- |

14.

The seat and headquarter of HGAA is in Carinthia (Austria) from where the bank and the leasing business is controlled. For a detailed description of the beneficiary and the authorised aid measures so far, reference is made to the opening decision and the rescue decision.

2.2.   The additional aid measure

| 15. | In order to gain a deeper insight into its own portfolios, the bank conducted the so-called “Review Rush” in the second half of 2010. The results of that exercise showed an additional need for write-downs which would have reduced the available excess capital of the bank to a degree where it was possible that the bank would not meet regulatory capital requirements at the end of 2010. |
| --- | --- |

15.

In order to gain a deeper insight into its own portfolios, the bank conducted the so-called “Review Rush” in the second half of 2010. The results of that exercise showed an additional need for write-downs which would have reduced the available excess capital of the bank to a degree where it was possible that the bank would not meet regulatory capital requirements at the end of 2010.

| 16. | To avoid regulatory capital ratios being breached, Austria granted to HGAA an asset guarantee with similar features to those of a capital injection (Bürgschaft) amounting to EUR 200 million (including outstanding interest payments) from 31 December 2010 until 30 June 2013 (“the guaranteed amount”). The guaranteed amount will constitute a first-loss protection against the need for write-downs for specified parts of outstanding assets with a nominal value of EUR 200 million in a larger asset pool with a nominal value of [...] (7) and a book value as of 31 December 2010 of [...], which are listed in a so-called Annex 1 (“Annex 1 assets”). |
| --- | --- |

16.

To avoid regulatory capital ratios being breached, Austria granted to HGAA an asset guarantee with similar features to those of a capital injection (Bürgschaft) amounting to EUR 200 million (including outstanding interest payments) from 31 December 2010 until 30 June 2013 (“the guaranteed amount”). The guaranteed amount will constitute a first-loss protection against the need for write-downs for specified parts of outstanding assets with a nominal value of EUR 200 million in a larger asset pool with a nominal value of [...] (7) and a book value as of 31 December 2010 of [...], which are listed in a so-called Annex 1 (“Annex 1 assets”).

| 17. | The effect of the asset guarantee is to reduce the provisioning or write-down needs of the bank and to protect its capital base. The measure differs from standard impaired asset measures because the specific construction of the guarantee is such that it will only influence [...]. By contrast, the granting of the measure does not affect the bank's risk weighted assets (RWA) as such. The guarantee is therefore given for (book) losses which have already occurred. That first-loss protection also distinguishes the measure from a standard impaired asset measure. |
| --- | --- |

17.

The effect of the asset guarantee is to reduce the provisioning or write-down needs of the bank and to protect its capital base. The measure differs from standard impaired asset measures because the specific construction of the guarantee is such that it will only influence [...]. By contrast, the granting of the measure does not affect the bank's risk weighted assets (RWA) as such. The guarantee is therefore given for (book) losses which have already occurred. That first-loss protection also distinguishes the measure from a standard impaired asset measure.

| 18. | The guarantee will be triggered for individual assets if HGAA cannot manifestly recuperate the guaranteed value from a guaranteed asset (for instance through court proceedings) — including from available collateral or any other party. However, while the guarantee can be triggered earlier, any actual payments due under the guarantee will be made as of 1 September 2013 at the earliest and until 31 January 2015 at the latest. |
| --- | --- |

18.

The guarantee will be triggered for individual assets if HGAA cannot manifestly recuperate the guaranteed value from a guaranteed asset (for instance through court proceedings) — including from available collateral or any other party. However, while the guarantee can be triggered earlier, any actual payments due under the guarantee will be made as of 1 September 2013 at the earliest and until 31 January 2015 at the latest.

| 19. | The remuneration of the guarantee is as follows: (i) from the moment when the guarantee is granted, HGAA shall pay a 10 % p.a. remuneration on the part of the assets guaranteed by Austria (8) and (ii) for amounts called upon HGAA shall pay from the moment the guarantee is triggered and until two months after the guarantee expires (31 August 2013) instead of the remuneration set out in (i) 10 % p.a. on the amount called upon as calculated at the end of each month. The payment in case of (ii) which will be paid before any payments are made on [...] instruments — depends on the bank recording a profit and no payment is due for any year in which no profits are shown. The remuneration is non-cumulative. |
| --- | --- |

19.

The remuneration of the guarantee is as follows: (i) from the moment when the guarantee is granted, HGAA shall pay a 10 % p.a. remuneration on the part of the assets guaranteed by Austria (8) and (ii) for amounts called upon HGAA shall pay from the moment the guarantee is triggered and until two months after the guarantee expires (31 August 2013) instead of the remuneration set out in (i) 10 % p.a. on the amount called upon as calculated at the end of each month. The payment in case of (ii) which will be paid before any payments are made on [...] instruments — depends on the bank recording a profit and no payment is due for any year in which no profits are shown. The remuneration is non-cumulative.

2.3.   The restructuring plan

| 20. | Austria submitted a new restructuring plan on 21 April 2011, which defines as the core of the bank the preservation of the South-Eastern European (SEE) network bank together with a central controlling unit in the Austrian holding. The SEE network consists of [...]. Leasing is to be significantly curtailed and kept under the governance of the locally active SEE banks. The plan acknowledges the need for a structured know-how transfer and an amplification of the local funding base for the different banks in the network. The new plan provides for a reprivatisation of the bank in [...]. |
| --- | --- |

20.

Austria submitted a new restructuring plan on 21 April 2011, which defines as the core of the bank the preservation of the South-Eastern European (SEE) network bank together with a central controlling unit in the Austrian holding. The SEE network consists of [...]. Leasing is to be significantly curtailed and kept under the governance of the locally active SEE banks. The plan acknowledges the need for a structured know-how transfer and an amplification of the local funding base for the different banks in the network. The new plan provides for a reprivatisation of the bank in [...].

| 21. | The banking activities in Austria (Hypo Alpe-Adria-Bank AG, “HBA”) are planned to be sold at the latest by the end of [...]. Due to the existing funding gap, the divestiture of the Italian bank is now planned for [...], instead of an originally envisaged earlier sale. |
| --- | --- |

21.

The banking activities in Austria (Hypo Alpe-Adria-Bank AG, “HBA”) are planned to be sold at the latest by the end of [...]. Due to the existing funding gap, the divestiture of the Italian bank is now planned for [...], instead of an originally envisaged earlier sale.

| 22. | Those business activities considered to be outside the scope of the new bank's core business activities are to be wound down or sold by the end of [...]. |
| --- | --- |

22.

Those business activities considered to be outside the scope of the new bank's core business activities are to be wound down or sold by the end of [...].

| 23. | The overall earnings figures for 2010 show a result before taxes of minus EUR 798 million, which is worse than projected earlier. The individual components show that — when compared with the previous projections submitted to the Commission — the total earnings were about [...] below those projected and the total operating costs about [...] higher than projected. The risk provisions were about [...] higher than initially projected. According to the bank, the differences can be explained by various one-off effects, higher than foreseen write-downs in leasing and the rigorous evaluation of the existing portfolio against possible credit risks. |
| --- | --- |

23.

The overall earnings figures for 2010 show a result before taxes of minus EUR 798 million, which is worse than projected earlier. The individual components show that — when compared with the previous projections submitted to the Commission — the total earnings were about [...] below those projected and the total operating costs about [...] higher than projected. The risk provisions were about [...] higher than initially projected. According to the bank, the differences can be explained by various one-off effects, higher than foreseen write-downs in leasing and the rigorous evaluation of the existing portfolio against possible credit risks.

3.   ASSESSMENT

3.1.   Existence of aid

| 24. | According to Article 107(1) TFEU, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market. |
| --- | --- |

24.

According to Article 107(1) TFEU, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.

| 25. | The Commission notes that the asset guarantee is granted from State resources within the meaning of Article 107(1) TFEU. Given that HGAA is an undertaking active in the financial sector, which is open to intense international competition, the Commission considers that any advantage from State resources to HGAA would have the potential to affect intra-Union trade and to distort competition. Austria does not dispute that the measure constitutes State aid. |
| --- | --- |

25.

The Commission notes that the asset guarantee is granted from State resources within the meaning of Article 107(1) TFEU. Given that HGAA is an undertaking active in the financial sector, which is open to intense international competition, the Commission considers that any advantage from State resources to HGAA would have the potential to affect intra-Union trade and to distort competition. Austria does not dispute that the measure constitutes State aid.

3.2.   Compatibility of the aid

3.2.1.   Application of Article 107(3)(b) TFEU

| 26. | Article 107(3)(b) TFEU provides for the possibility that State aid can be regarded as compatible with the internal market where it is granted “to remedy a serious disturbance in the economy of a Member State”. |
| --- | --- |

26.

Article 107(3)(b) TFEU provides for the possibility that State aid can be regarded as compatible with the internal market where it is granted “to remedy a serious disturbance in the economy of a Member State”.

| 27. | Whilst there has been a stabilisation process in financial markets the Commission considers that the requirements for State aid to be approved pursuant to Article 107(3)(b) TFEU are still fulfilled in view of the persistently precarious situation in financial markets and the risk of wider negative spill-over effects. |
| --- | --- |

27.

Whilst there has been a stabilisation process in financial markets the Commission considers that the requirements for State aid to be approved pursuant to Article 107(3)(b) TFEU are still fulfilled in view of the persistently precarious situation in financial markets and the risk of wider negative spill-over effects.

| 28. | The Austrian Central Bank has already at an earlier occasion confirmed that HGAA is a bank with systemic importance for the financial market in Austria. Without the measure, HGAA risked closure by the supervisory authorities. For those reasons the Commission accepts that the guarantee can be assessed under Article 107(3)(b) TFEU. |
| --- | --- |

28.

The Austrian Central Bank has already at an earlier occasion confirmed that HGAA is a bank with systemic importance for the financial market in Austria. Without the measure, HGAA risked closure by the supervisory authorities. For those reasons the Commission accepts that the guarantee can be assessed under Article 107(3)(b) TFEU.

3.2.2.   Compatibility of the measure

| 29. | The Commission must assess the continuation of all emergency aid measures as restructuring aid, on the basis of the submitted restructuring plan (9). |
| --- | --- |

29.

The Commission must assess the continuation of all emergency aid measures as restructuring aid, on the basis of the submitted restructuring plan (9).

| 30. | As regards the compatibility of the asset guarantee, the Commission notes that the measure serves the purpose of preventing HGAA from having to provision or write down assets, which would have been necessary without the guarantee. In fact, it avoids the capital base from being reduced or allows the capital base to be increased, as the case may be. However, unlike a typical impaired asset measure, it does not have an effect on the risk weighted assets of the bank due to the technical construction of the guarantee which aims at reducing only the loan loss provisions of the bank. In addition, the asset guarantee covers the first loss and is thus also in that way different from a standard impaired asset measure. Also, any amount drawn needs to be repaid to the State. On that basis, as it is constructed, the effect of the measure is to protect the capital base of HGAA and is therefore similar to a capital injection into HGAA and needs to be assessed as such. For all those reasons, the Commission finds that the measure resembles a capital injection. |
| --- | --- |

30.

As regards the compatibility of the asset guarantee, the Commission notes that the measure serves the purpose of preventing HGAA from having to provision or write down assets, which would have been necessary without the guarantee. In fact, it avoids the capital base from being reduced or allows the capital base to be increased, as the case may be. However, unlike a typical impaired asset measure, it does not have an effect on the risk weighted assets of the bank due to the technical construction of the guarantee which aims at reducing only the loan loss provisions of the bank. In addition, the asset guarantee covers the first loss and is thus also in that way different from a standard impaired asset measure. Also, any amount drawn needs to be repaid to the State. On that basis, as it is constructed, the effect of the measure is to protect the capital base of HGAA and is therefore similar to a capital injection into HGAA and needs to be assessed as such. For all those reasons, the Commission finds that the measure resembles a capital injection.

| 31. | HGAA has received an asset guarantee amounting to EUR 200 million which will be remunerated with a 10 % fee p.a. on the total amount granted and not called (minus cancellations) from 30 December 2010 until 30 June 2013. For the amounts called upon, that remuneration will be replaced by a 10 % fee p.a. which will be paid from the moment the amounts are called upon until 31 August 2013 (i.e., two months after the guarantee expires). The latter remuneration is linked to the bank making profits and is not cumulative. The Commission notes that both the remuneration structure and level are similar to the remuneration typically required for a capital injection for a distressed bank under the Recapitalisation Communication. The level of remuneration is also in line with point 29 of the Austrian emergency bank support scheme (10) on emergency aid measures to distressed banks. However, the remuneration for amounts called upon stops on 31 August 2013. The length of payment of the remuneration therefore does not seem to be in line with the Recapitalisation Communication and what the Austrian emergency bank support scheme would require for a recapitalisation. The Commission thus has doubts whether the remuneration structure is adequate and whether the remuneration would not need to continue until repayment of the amounts called upon and will reassess that point when assessing the restructuring plan. |
| --- | --- |

31.

HGAA has received an asset guarantee amounting to EUR 200 million which will be remunerated with a 10 % fee p.a. on the total amount granted and not called (minus cancellations) from 30 December 2010 until 30 June 2013. For the amounts called upon, that remuneration will be replaced by a 10 % fee p.a. which will be paid from the moment the amounts are called upon until 31 August 2013 (i.e., two months after the guarantee expires). The latter remuneration is linked to the bank making profits and is not cumulative. The Commission notes that both the remuneration structure and level are similar to the remuneration typically required for a capital injection for a distressed bank under the Recapitalisation Communication. The level of remuneration is also in line with point 29 of the Austrian emergency bank support scheme (10) on emergency aid measures to distressed banks. However, the remuneration for amounts called upon stops on 31 August 2013. The length of payment of the remuneration therefore does not seem to be in line with the Recapitalisation Communication and what the Austrian emergency bank support scheme would require for a recapitalisation. The Commission thus has doubts whether the remuneration structure is adequate and whether the remuneration would not need to continue until repayment of the amounts called upon and will reassess that point when assessing the restructuring plan.

| 32. | Austria has previously granted aid to HGAA under the Austrian emergency bank support scheme and has in addition injected capital into HGAA in a rescue operation. Therefore, the present measure acts as a further recapitalisation for a distressed bank, for which an individual notification is required. |
| --- | --- |

32.

Austria has previously granted aid to HGAA under the Austrian emergency bank support scheme and has in addition injected capital into HGAA in a rescue operation. Therefore, the present measure acts as a further recapitalisation for a distressed bank, for which an individual notification is required.

| 33. | Austria has already supplied a restructuring plan which is currently being assessed by the Commission. Moreover, the outcome of the Review Rush report confirms the need for additional capital. The supervisory authorities have confirmed that the aid is necessary in order to prevent the threat of insolvency of a systemically relevant bank. |
| --- | --- |

33.

Austria has already supplied a restructuring plan which is currently being assessed by the Commission. Moreover, the outcome of the Review Rush report confirms the need for additional capital. The supervisory authorities have confirmed that the aid is necessary in order to prevent the threat of insolvency of a systemically relevant bank.

| 34. | The survival of HGAA requires that those measures are granted before a final decision about the restructuring can be taken and thus an urgent Commission Decision. Based on the information provided, the measure seems limited to the minimum necessary to ensure regulatory compliance of HGAA and an adequate capital buffer. A temporary approval of the measure pursuant to Article 107(3)(b) TFEU is therefore possible. |
| --- | --- |

34.

The survival of HGAA requires that those measures are granted before a final decision about the restructuring can be taken and thus an urgent Commission Decision. Based on the information provided, the measure seems limited to the minimum necessary to ensure regulatory compliance of HGAA and an adequate capital buffer. A temporary approval of the measure pursuant to Article 107(3)(b) TFEU is therefore possible.

| 35. | In relation to burden-sharing the Commission considers that the remuneration level and structure of the new aid measure can be considered appropriate in the current circumstances. It notes first that the proposed remuneration for the guarantee appears to be adequate, given that the remuneration will be paid once the guarantee is granted, and payments will continue once it is drawn and until two months after the guarantee expires. The fact that the remuneration is linked to the bank being profitable and not cumulative can be considered a typical feature also prevalent in Tier 1 capital injections. |
| --- | --- |

35.

In relation to burden-sharing the Commission considers that the remuneration level and structure of the new aid measure can be considered appropriate in the current circumstances. It notes first that the proposed remuneration for the guarantee appears to be adequate, given that the remuneration will be paid once the guarantee is granted, and payments will continue once it is drawn and until two months after the guarantee expires. The fact that the remuneration is linked to the bank being profitable and not cumulative can be considered a typical feature also prevalent in Tier 1 capital injections.

| 36. | A particular element contributing to ease burden-sharing concerns is that the previous shareholders already lost their stakes when Austria took over the bank in December 2009. Their elimination reduces the risk that the measure would benefit (former) shareholders without them fully contributing to the rescue of the bank. |
| --- | --- |

36.

A particular element contributing to ease burden-sharing concerns is that the previous shareholders already lost their stakes when Austria took over the bank in December 2009. Their elimination reduces the risk that the measure would benefit (former) shareholders without them fully contributing to the rescue of the bank.

3.2.3.   Extension of the formal investigation procedure regarding the restructuring aid

| 37. | The formal investigation procedure into the restructuring of HGAA and the corresponding aid has to be extended with respect to the new measure. The final compatibility of the aid, and in particular the remuneration structure, will be assessed on the basis of the submitted restructuring plan. |
| --- | --- |

37.

The formal investigation procedure into the restructuring of HGAA and the corresponding aid has to be extended with respect to the new measure. The final compatibility of the aid, and in particular the remuneration structure, will be assessed on the basis of the submitted restructuring plan.

| 38. | The Commission acknowledges that Austria has submitted a revised restructuring plan for HGAA, which contains a number of changes compared to the previously submitted plan. However, the information provided to date regarding the revised restructuring plan does not allay all the doubts raised by the Commission in the opening decision regarding restoration of viability, burden-sharing and limitation of distortions of competition. |
| --- | --- |

38.

The Commission acknowledges that Austria has submitted a revised restructuring plan for HGAA, which contains a number of changes compared to the previously submitted plan. However, the information provided to date regarding the revised restructuring plan does not allay all the doubts raised by the Commission in the opening decision regarding restoration of viability, burden-sharing and limitation of distortions of competition.

| 39. | The Commission notes that additional aid has become necessary, which demonstrates that the previously submitted draft restructuring plan was not sufficient to restore the viability of HGAA. At present, it is not clear whether the revised plan tackles all the weaknesses of the previous plan. |
| --- | --- |

39.

The Commission notes that additional aid has become necessary, which demonstrates that the previously submitted draft restructuring plan was not sufficient to restore the viability of HGAA. At present, it is not clear whether the revised plan tackles all the weaknesses of the previous plan.

| 40. | The Commission continues to have doubts as regards the business model of the bank. In particular, the Commission needs to investigate further the synergies arising from the market presence of HGAA in all the network countries, and the function and tasks attributed to the holding. In particular it remains unclear to which extent financial products, controlling devices and procedures (e.g. for risk management) can be used and applied to the SEE network in its entirety, given the different level of the development of the local banking markets. |
| --- | --- |

40.

The Commission continues to have doubts as regards the business model of the bank. In particular, the Commission needs to investigate further the synergies arising from the market presence of HGAA in all the network countries, and the function and tasks attributed to the holding. In particular it remains unclear to which extent financial products, controlling devices and procedures (e.g. for risk management) can be used and applied to the SEE network in its entirety, given the different level of the development of the local banking markets.

| 41. | Also, the Commission has doubts whether the lower than previously projected results for the year 2010 can be explained by one-off effects and the allegedly more rigorous examination of the existing portfolio. |
| --- | --- |

41.

Also, the Commission has doubts whether the lower than previously projected results for the year 2010 can be explained by one-off effects and the allegedly more rigorous examination of the existing portfolio.

| 42. | Furthermore, the Commission continues to see significant structural funding problems for HGAA due to its wholesale funding model. In particular it notes the funding gap for the operating banking and leasing units on a country level. |
| --- | --- |

42.

Furthermore, the Commission continues to see significant structural funding problems for HGAA due to its wholesale funding model. In particular it notes the funding gap for the operating banking and leasing units on a country level.

| 43. | In relation to the new aid measure, the Commission recalls that the measure covers only specified parts on individual assets, which are themselves part of a wider asset pool (11). Therefore the non-covered parts of the assets do not benefit from the guarantee and could still show additional future deterioration which might lead to additional losses for the bank, with a potential impact on the viability of the bank. The Commission will assess that risk within the formal investigation. |
| --- | --- |

43.

In relation to the new aid measure, the Commission recalls that the measure covers only specified parts on individual assets, which are themselves part of a wider asset pool (11). Therefore the non-covered parts of the assets do not benefit from the guarantee and could still show additional future deterioration which might lead to additional losses for the bank, with a potential impact on the viability of the bank. The Commission will assess that risk within the formal investigation.

| 44. | In addition, the Commission has still doubts as to whether the envisaged divestitures are sufficient to adequately limit the distortions of competition created by the aid. In that respect the Commission notes that, according to point 31 of the Restructuring Communication, such measures must also reflect the amount of aid, which has increased. |
| --- | --- |

44.

In addition, the Commission has still doubts as to whether the envisaged divestitures are sufficient to adequately limit the distortions of competition created by the aid. In that respect the Commission notes that, according to point 31 of the Restructuring Communication, such measures must also reflect the amount of aid, which has increased.

4.   DECISION

The Commission has decided to temporarily find the EUR 200 million asset guarantee in favour of HGAA compatible with the internal market on the basis of Article 107(3)(b) TFEU until the Commission has taken a final decision on the restructuring aid.

In the light of the considerations above, the Commission has further decided to extend the proceedings as laid down in Article 108(2) TFEU with respect to the above aid measure in favour of HGAA.

Austria is requested to forward a copy of this letter to HGAA immediately.

The Commission wishes to remind Austria that Article 108(3) TFEU has suspensory effect, and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which provides that all unlawful aid may be recovered from the recipient.

The Commission warns Austria that it will inform interested parties by publishing this letter and a meaningful summary of it in the Official Journal of the European Union. It will also inform interested parties in the EFTA countries which are signatories to the EEA Agreement, by publishing a notice in the EEA Supplement to the Official Journal of the European Union, and will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited to submit their comments within one month of the date of such publication.’

---

(1)  With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate.

1

(2)  Tier 1 capital with no voting rights.

2

(3)  Commission Decision of 9 December 2008 in case N 557/08 (OJ C 3, 8.1.2009, p. 2), Maßnahmen nach dem Finanzmarktstabilitäts- und dem Interbankmarktstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich, last prolonged by Commission Decision of 16 December 2010 in case SA.32018 (10/N) (OJ C 20, 21.1.2011, p. 3).

3

Maßnahmen nach dem Finanzmarktstabilitäts- und dem Interbankmarktstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich

(4)  OJ C 134, 13.6.2009, p. 31.

4

(5)  OJ C 85, 31.3.2010, p. 21.

5

(6)  OJ C 266, 1.10.2010, p. 5.

6

(7)  Confidential information.

7

(8)  HGAA has the right to cancel any outstanding guaranteed amount which it does not intend to use anymore.

8

(9)  Commission Communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (OJ C 195, 19.8.2009, p. 9).

9

(10)  See reference in footnote 3.

10

(11)  See paragraph (17).

11

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OTHER ACTS

European Commission

| 4.2.2012 | EN | Official Journal of the European Union | C 31/18 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/18

---

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

2012/C 31/10

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

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘PAPAS ANTIGUAS DE CANARIAS’

EC No: ES-PDO-0005-0866-11.03.2011

PGI ( ) PDO ( X )

1.   Name:

‘Papas Antiguas de Canarias’

2.   Member State or third country:

Spain

3.   Description of the agricultural product or foodstuff:

3.1.   Product type:

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

Class 1.6 —

Fruit, vegetables and cereals, fresh or processed

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

3.2.1.   General description

‘Papas Antiguas de Canarias’ refers to potato tubers of varieties known in the Canary Islands as ‘antiguas’ or ‘locales’, ‘tradicionales’, ‘de color y/o de la tierra’ (‘local’, ‘traditional’, ‘coloured’ and/or ‘earth’), grown in the Canary Islands from seed from the production area of the species Solanum tuberosum subspecies andigena, Solanum tuberosum subspecies tuberosum and the triploid Solanum chaucha, all introduced into the Canary Islands before the 20th century.

The varieties of protected ‘Papas Antiguas de Canarias’ are:

| Common name | Synonyms |
| --- | --- |
| Negrita de El Hierro | Papa Negra, Papa Negra de año, Papa de año |
| Buena Moza or Palmera Blanca | Marciala Blanca, Palmera Blanca, Gobernadora Blanca, Forastera |
| Colorada | Marciala, Marciala Colorada, Palmera Colorada, Gobernadora Colorada, De Juan Niz |
| Corralera Tijarafera | |
| Corralera Colorada | |
| Corralera Legítima | |
| Corralera | |
| Negra de La Palma | Marciala Negra, Palmera Negra |
| Negra Veteada | |
| Rayada or Jorge | Blanca y Morada |
| Haragana | |
| De Ojo Azul | |
| Blanca | |
| Moñigo de Camello | |
| De la Tierra | |
| Azucena Negra | Azucena Roja, Azucena Pintada, Azucena Oscura, Negra |
| Azucena Blanca | |
| Bonita Negra | Marrueco Negro |
| Bonita Blanca | Blanca Marrueca, Marrueca o Marroquina, Boba |
| Bonita Colorada | Marrueco/a Colorado/a, Bonita de Color, Bonita Roja |
| Bonita Llagada | Bonita Ojo Perdiz |
| Bonita Ojo de Perdíz | Bonita de Ojo Rosado, Ojo Perdiz |
| Borralla | Melonera, Montañera |
| Colorada de Baga | Colorada, Moruna, Londrera |
| Negra Yema de Huevo | Negra, Negra Ramuda, Morada o de Ojo Azul |
| Peluca Blanca | Peluquera Blanca |
| Peluca Negra | Peluqueras Negra |
| Peluca Roja | Peluca Rosada, Peluca Morada, Peluca Colorada, Peluca Encaranada, Peluquera Roja |
| Terrenta | Torrenta, Turrenta, Sietecueros, Bonita Terrenta |

Common name

Synonyms

Negrita de El Hierro

Papa Negra, Papa Negra de año, Papa de año

Buena Moza or Palmera Blanca

Marciala Blanca, Palmera Blanca, Gobernadora Blanca, Forastera

Colorada

Marciala, Marciala Colorada, Palmera Colorada, Gobernadora Colorada, De Juan Niz

Corralera Tijarafera

Corralera Colorada

Corralera Legítima

Corralera

Negra de La Palma

Marciala Negra, Palmera Negra

Negra Veteada

Rayada or Jorge

Blanca y Morada

Haragana

De Ojo Azul

Blanca

Moñigo de Camello

De la Tierra

Azucena Negra

Azucena Roja, Azucena Pintada, Azucena Oscura, Negra

Azucena Blanca

Bonita Negra

Marrueco Negro

Bonita Blanca

Blanca Marrueca, Marrueca o Marroquina, Boba

Bonita Colorada

Marrueco/a Colorado/a, Bonita de Color, Bonita Roja

Bonita Llagada

Bonita Ojo Perdiz

Bonita Ojo de Perdíz

Bonita de Ojo Rosado, Ojo Perdiz

Borralla

Melonera, Montañera

Colorada de Baga

Colorada, Moruna, Londrera

Negra Yema de Huevo

Negra, Negra Ramuda, Morada o de Ojo Azul

Peluca Blanca

Peluquera Blanca

Peluca Negra

Peluqueras Negra

Peluca Roja

Peluca Rosada, Peluca Morada, Peluca Colorada, Peluca Encaranada, Peluquera Roja

Terrenta

Torrenta, Turrenta, Sietecueros, Bonita Terrenta

3.2.2.   Differentiating characteristics of the product

3.2.2.1.   Chemico-physical characteristics:

Protein content is no less than 1,5 % of the weight on the dry matter.

Dry-matter content is no less than 21 % and may reach 30 % in some areas.

These potatoes have a high dry-matter content, which gives them a floury aspect when cooked.

Its essential physical characteristic is its small size, ranging from 1 cm to 8 cm. This physical characteristic is one of the features of the product.

3.2.2.2.   Morphological characteristics:

Volcanic soil typical throughout the Canary Islands, characterised by the absence of organic material and by the large quantities of basalt mineral elements, has resulted in a unique product with special characteristics giving rise to a distinctive morphology in ‘Papas Antiguas de Canarias’:

| — | ‘Papas Antiguas de Canarias’ have a skin colour that ranges from deep purple through pink and orange to brown, |
| --- | --- |

—

‘Papas Antiguas de Canarias’ have a skin colour that ranges from deep purple through pink and orange to brown,

| — | the colour of the flesh ranges from cream to deep yolk yellow. The intensity of this colour increases when cooked, |
| --- | --- |

—

the colour of the flesh ranges from cream to deep yolk yellow. The intensity of this colour increases when cooked,

| — | the shape of ‘Papas Antiguas de Canarias’ is round, its surface is irregular and features more or less deep eyes, |
| --- | --- |

—

the shape of ‘Papas Antiguas de Canarias’ is round, its surface is irregular and features more or less deep eyes,

| — | their typical size is small or very small, ranging from 1 cm to 8 cm. |
| --- | --- |

—

their typical size is small or very small, ranging from 1 cm to 8 cm.

3.2.2.3.   Organoleptic characteristics:

Visual phase

| (a) | External appearance: See ‘morphological characteristics’ above. |
| --- | --- |

(a)

External appearance: See ‘morphological characteristics’ above.

| (b) | Internal appearance: The colour range of these potatoes goes from light cream to deep yellow when cooked with, in some cases, quite attractive anthocyanin rings. |
| --- | --- |

(b)

Internal appearance: The colour range of these potatoes goes from light cream to deep yellow when cooked with, in some cases, quite attractive anthocyanin rings.

Olfactory phase

When cooked, ‘Papas Antiguas de Canarias’ have fresh, smooth and light aromas ranging from millet (maize) to chestnut.

Gustative phase

After cooking, all the varieties have a texture which is easily recognised on the palate by its non-grainy quality. The texture may be either floury, creamy and buttery or creamy, firm and not very floury. The flavour is reminiscent of roasted cereals and autumn nuts.

3.3.   Raw materials (for processed products only):

Not applicable.

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

Not applicable.

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

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

3.5.1.   Soil preparation and sowing

Preparation of the soil consists in aerating the soil by turning it over to a depth of between 15 cm and 20 cm. This is done between December and February.

3.5.2.   Tillage

There is a maximum of two ploughings. The first ploughing is deep, prior to planting with the aim of improving rainwater retention. The second ploughing is close to the sowing period.

The potatoes must be drilled 20 cm to 30 cm apart.

3.5.3.   Earthing up

When the young shoots reach 10 cm or 15 cm they are earthed up by piling up the soil around the stems of the plant.

3.5.4.   Harvesting

Manual or mechanical harvesting takes place when the tuber has reached commercial maturity, a physiological stage which is indicated by the yellowing of the aerial parts of the plant, the fall of the foliage and the ageing of the tuber. Harvest time runs from May to August, depending on when sowing has taken place.

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

Packing is carried out in homogenous batches using new, clean packaging made from material suitable for the preservation of the product. The packaging must be mechanically sealed or sewn.

3.7.   Specific rules concerning labelling:

The product label must prominently display the Community ‘Protected Designation of Origin’ logo, the Protected Designation of Origin ‘Papas Antiguas de Canarias’ and any other statutory wording.

The potatoes covered by the protected designation of origin intended for consumption must bear a numbered label or secondary label to be checked by the inspection body. Before the product is put into circulation, the label must be affixed in such a way as to render re-use impossible.

The name of the island, the specific place of production and the cultivar of the protected potato may appear on the label.

4.   Concise definition of the geographical area:

The defined geographical area for the PDO ‘Papas Antiguas de Canarias’ comprises the land suitable for cultivation in the Canary Islands, i.e. the medium-altitude volcanic areas (‘medianías’) below 1 200 m above sea level.

The Canary Islands archipelago consists of seven islands: El Hierro, La Gomera, La Palma, Tenerife, Fuerteventura, Gran Canaria and Lanzarote. The archipelago is located off the north-west coast of Africa, between 27° 37′ and 29° 25′ N, and 13° 20′ and 18° 10′ W.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The specificity of the geographical area derives from its latitude, its climatic conditions and its orography. Moreover, all these conditions, together with the cultural planting traditions, result in the characteristics of the ‘Papas Antiguas de Canarias’.

Thus the factors giving the geographical area its specificity are:

—   Latitude: The geographical situation of the Canary Islands provides the optimum conditions for growing ‘Papas Antiguas de Canarias’. The Canary Islands lie between 27° 37′ and 29° 25′ N, and 13° 20′ and 18° 10′ W.

—   Soil and climatic conditions: The volcanic soil typical of the geographical area covered by this PDO is characterised by the absence of organic material and by the abundance of basalt mineral elements.

The kind of soils on which ‘Papas Antiguas de Canarias’ are grown are of the Alfisol and Aridisol types, commonly known as ‘tierra de barro’ (clay soil) and ‘tierra negras o en polvo’ (black or dusty soil) typical of the Canary Islands.

The area in which ‘Papas Antiguas de Canarias’ are grown coincides with the climatic region for Oleo-Rhamnatea crenulatae (namely the thermo-sclerophyllous forest of the Canaries thermal bioclimate and dry semi-arid ombroclimate) and Pruno-Laureata azoricae (laurel forest of the Canaries thermal bioclimate and sub-humid to humid ombroclimate). This climate together with the soil are critical factors for cultivation and production of ‘Papas Antiguas de Canarias’.

—   Orography: The area defined as the growing area of ‘Papas Antiguas de Canarias’ in the Canary Islands is restricted to the zone located at an altitude range with a very distinctive geographical personality, at below 1 200 metres above sea level, known as the ‘medianías’, whose climate is characterised by the cooler conditions at higher altitude, trade winds and the Canaries cold current together with blasts of wind from Africa (‘tiempo sur’). The ‘medianías’ are a uniquely important aspect of the landscape of the islands. It is land which has been slowly and painstakingly worked by Canary Island farmers who have had to struggle against the barriers to the development of agriculture posed by the steep slopes, the absence of soil, the scarcity of water and the strong winds.

—   Human factor: Historically, the growing of potatoes in the Canary Islands has been a family occupation with small subsistence-level orchards, which has made it possible to maintain traditional practices over the years. These practices consist in planting and preparing the ground, tilling and sowing manually or with little mechanisation, with tillage taking place preferably between December and February. In Lanzarote, on account of its specific soil and orographic conditions, planting is carried out with an impact tool known as a ‘plantón’. The human factor is also responsible for traditional practices such as the ‘aporcado’, or digging up of soil to pile it up against the stalks of the plant.

The local cultivars of ‘Papas Antiguas de Canarias’ are tubers which, in Europe, are traditionally grown in the Canary Islands and are not only an invaluable genetic heritage but also an important ethnographical and socio-economic asset, since they are closely linked to many customs and usages typical of the traditional agricultural systems of the islands, namely the ‘medianías’. Moreover, they have contributed to the maintenance of the incomes of farmers who have kept growing them.

These potatoes are part of the traditional food in these islands; they constitute the mainstay of our cuisine and are the quality product most requested by the tourists who visit us.

5.2.   Specificity of the product:

The specificity of ‘Papas Antiguas de Canarias’ derives from their physical-chemical characteristics, their special morphology, their unique organoleptic characteristics, their long growing season and the way in which they are farmed.

| — | The high content in dry matter of more than 21 % is one of the physico-chemical characteristics identifying the protected potatoes. |
| --- | --- |

—

The high content in dry matter of more than 21 % is one of the physico-chemical characteristics identifying the protected potatoes.

| — | Morphology: Their irregular spherical shape and small size (between 1 cm and 8 cm), combined with skin colour and the small depressions of the potato allow consumers to easily identify ‘Papas Antiguas de Canarias’ at the time of purchase. |
| --- | --- |

—

Morphology: Their irregular spherical shape and small size (between 1 cm and 8 cm), combined with skin colour and the small depressions of the potato allow consumers to easily identify ‘Papas Antiguas de Canarias’ at the time of purchase.

| — | Organoleptic characteristics: The range of attractive colours of the skin of ‘Papas Antiguas de Canarias’, which ranges from dark purple to brown, pink and orange, gives this product its alternative name of ‘papa de color’. These attractive colours are a specific characteristic. |
| --- | --- |

—

Organoleptic characteristics: The range of attractive colours of the skin of ‘Papas Antiguas de Canarias’, which ranges from dark purple to brown, pink and orange, gives this product its alternative name of ‘papa de color’. These attractive colours are a specific characteristic.

When cooked, ‘Papas Antiguas de Canarias’ have fresh, smooth and light aromas ranging from millet (maize) to chestnut, with an unmistakeable persistence. The taste is also unique when cooked inasmuch as it is reminiscent of roasted cereal and autumn nuts. The texture of the edible part of ‘Papas Antiguas de Canarias’ when cooked is homogenous because it is not grainy. The lack of graininess is picked up on the palate and makes them easily recognised.

| — | These potatoes have a long growing period, a very long rest period and keep well, unlike other varieties. |
| --- | --- |

—

These potatoes have a long growing period, a very long rest period and keep well, unlike other varieties.

| — | The growth of the tubers of ‘Papas Antiguas de Canarias’ requires short periods of light and low temperatures, although never less than 5 °C, even in winter. For this reason, the ‘medianías’ zone of the Canary Islands is ideal for them. |
| --- | --- |

—

The growth of the tubers of ‘Papas Antiguas de Canarias’ requires short periods of light and low temperatures, although never less than 5 °C, even in winter. For this reason, the ‘medianías’ zone of the Canary Islands is ideal for them.

| — | The specificity of the product is recognised by the Spanish authorities inasmuch as in Royal Decree No 31/2009 of 16 January 2009 adopting the commercial quality standard for potatoes for consumption on the Spanish market and amending Annex I to Royal Decree No 2192/1984 of 28 November 1984 adopting the rules on the quality standards for fresh fruit and vegetables marketed on the internal market ‘Papas Antiguas de Canarias’ are expressly exempted. |
| --- | --- |

—

The specificity of the product is recognised by the Spanish authorities inasmuch as in Royal Decree No 31/2009 of 16 January 2009 adopting the commercial quality standard for potatoes for consumption on the Spanish market and amending Annex I to Royal Decree No 2192/1984 of 28 November 1984 adopting the rules on the quality standards for fresh fruit and vegetables marketed on the internal market ‘Papas Antiguas de Canarias’ are expressly exempted.

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

The causal link between the geographical area and the quality and characteristics of the product is a direct consequence of the conditions in which it is produced, in particular the latitude of the geographical area (from 29° in the north to 27° in the south) and the soil and weather conditions of the defined geographical area.

Adaptation of the crop to the aridity of the basaltic volcanic soil type, the presence of hard volcanic sand or lapillo, the lack of organic elements, as well as a set of typically Canary Island edafo-climatic factors have forced these varieties to adapt to the environment in which they grow, resulting in a product with the specific chemical and organoleptic morphological characteristics set out in paragraph 3.2.2, which make it unmistakeable.

The Canary Islands are characterised by low rainfall and are typically mountainous (the highest peak in Spain is in the Canary Islands). The volcanic mountain landscape and the climatic factors together give rise on the islands to ‘horizontal rain’ caused by cooler conditions at higher altitude, trade winds and the Canaries cold current together with blasts of wind from Africa (‘tiempo sur’). ‘Horizontal rain’ does not soak the ground and thus the potatoes have a low moisture content and therefore a high percentage of dry matter with concentrated nutrients, pigments and aromatic compounds which differentiate them.

So far as concerns the human factor, farming of ‘Papas Antiguas de Canarias’ potatoes is manual or hardly mechanised as a result of the requirements of the terrain.

A traditional practice between growers of ‘Papa Antigua de Canarias’ is a complex historical seed exchange network between different production areas within the protected geographical area, which has resulted in the maintenance of varieties whose protection is sought and which have continued to adapt over the centuries until becoming unique varieties. The Canary Islands now have the first ‘Banco de Germoplasma de las Papas Antiguas de Canarias’ (Papas Antiguas de Canarias Germoplasm Bank) for the reproduction of native seeds.

The various factors involved in the special characteristics of ‘Papas Antiguas de Canarias’ cannot be separated since they act together and it is this which gives rise to a unique product which cannot be found anywhere else.

Therefore, it follows from the foregoing that the geographical (notably the latitude), orographic, soil (an important factor in this type of crop) and climatic conditions of this area, together with the tradition of farming and the experience of the farmers mean that the ‘Papas Antiguas de Canarias’ have differentiated and unique characteristics.

Reference to the publication of the specification:

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

http://www.gobiernodecanarias.org/boc/2011/025/006.html

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

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| 4.2.2012 | EN | Official Journal of the European Union | C 31/25 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 31/25

---

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

2012/C 31/11

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

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION ACCORDING TO ARTICLE 9

‘CARNE DE ÁVILA’

EC No: ES-PGI-0117-0093-13.06.2008

PGI ( X ) PDO ( )

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

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

—



Name of product

—

Image

Description of product

—

Image

Geographical area

—

Image

Proof of origin

—

Image

Method of production

—



Link

—

Image

Labelling

—



National requirements

—



Other (to be specified)

2.   Type of amendment(s):

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

—



Amendment to single document or summary sheet

—

Image

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

—



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

—



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

3.   Amendment(s):

3.1.   Description of product:

The description of the bovine breeds used has been supplemented to include breeding bulls of the Charolais and Limousin slaughter breeds, which may be used since they are the most commonly used in crosses with breeding cows of the Avileña-Negra Ibérica breed.

This addition is because they are customarily used in the protected area and is justified by the findings of studies carried out, which show that including animals resulting from a first cross with breeding cows of the Avileña-Negra Ibérica breed as a protected product maintains the quality of the meat obtained and improves that of the conformation of the carcase while maintaining the degree of fat cover.

The description of the product is based on measurable criteria, as concluded in the report La evaluación genética de animales de la raza Avileña-Negra Ibérica para caracteres de la canal (‘Genetic evaluation of animals of the Avileña-Negra Ibérica breed with regard to the carcase characteristics’) drawn up by the Instituto Nacional de Investigación y Tecnología Agraria y Alimentaria (National Institute for Agricultural and Food Research and Technology), which comes under the auspices of the Ministry of Science and Innovation.

The results obtained using four groups divided by gender and breed (males and females of the Avileña-Negra Ibérica breed, males and females resulting from the first cross between breeding cows of the Avileña-Negra Ibérica breed and males of the Charolais and Limousin breeds) showed that the conformation and the carcase yield were rather better with the first cross. The degree of fat cover is on average Type 3, is similar in all carcases and plays an important role in ensuring optimal maturing of the meat and meat quality.

The uniformity and quality of the final product sold to the consumer is guaranteed by the difference in carcase weight. In addition, the conformation characteristics are seen to be improved in animals from the first cross between breeding cows of the Avileña-Negra Ibérica breed and breeding bulls of the Charolais and Limousin breeds.

Also, the names of the types of animal, according to their age, are updated in accordance with Regulation (EC) No 275/2007 on labelling.

3.2.   Proof of origin:

New traceability requirements are introduced:

| — | individual identification of animals, using the official identification system and, in the case of animals of the Avileña-Negra Ibérica breed, also using the herd-book ear-tag, |
| --- | --- |

—

individual identification of animals, using the official identification system and, in the case of animals of the Avileña-Negra Ibérica breed, also using the herd-book ear-tag,

| — | certification of the product: methods used to certify the product and systems used to identify the carcases, cuts and portions and to ensure traceability, |
| --- | --- |

—

certification of the product: methods used to certify the product and systems used to identify the carcases, cuts and portions and to ensure traceability,

| — | the operators involved must keep holding registers recording lots of raw materials purchased for animal feed and animals purchased for the holding. They must also keep records of their customers, the quantity and origin of raw materials and products supplied, the destination of animals sold (for raising or slaughter), etc., and finally the correlation between consignments of animals for slaughter or rearing and the destination of carcases or groups of carcases and cuts. |
| --- | --- |

—

the operators involved must keep holding registers recording lots of raw materials purchased for animal feed and animals purchased for the holding. They must also keep records of their customers, the quantity and origin of raw materials and products supplied, the destination of animals sold (for raising or slaughter), etc., and finally the correlation between consignments of animals for slaughter or rearing and the destination of carcases or groups of carcases and cuts.

3.3.   Geographical area:

This section is reworded to correct an error in the registered specification. The specification does not include the Province of Segovia, although it is included in Article 1 of the Order of 10 November 1993 to which this section refers. There is therefore clearly a drafting error.

3.4.   Method of production:

Although the method of production has not changed, this section is redrafted to reflect normal practices on holdings: extensive and/or transhumant holdings, care of the environment and animal welfare.

3.5.   Labelling:

The systems of identification used, the content of the labels and the data to be included thereon are all updated.

Marks have been replaced by labels, because this system of labels is currently the best way of identifying carcases and cuts and portions thereof, ensuring traceability and the complete identification of the protected product.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘CARNE DE ÁVILA’

EC No: ES-PGI-0117-0093-13.06.2008

PGI ( X ) PDO ( )

1.   Name:

‘Carne de Ávila’

2.   Member State or third country:

Spain

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.1 — | Fresh meat (and offal) |
| --- | --- |

Class 1.1 —

Fresh meat (and offal)

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

The meat protected by the PGI must come from animals of the Avileña-Negra Ibérica breed and animals resulting from the first cross between breeding cows of the Avileña-Negra Ibérica breed and breeding bulls of the integrated Charolais and Limousin breeds.

The animals fall into different categories according to their age:

calf: an animal intended for slaughter at a maximum age of 12 months that has remained with the dam for at least 5 months;

yearling: an animal weaned at a minimum age of 5 months intended for slaughter at an age of between 12 and 24 months;

young bull: an animal intended for slaughter at an age of between 24 and 48 months.

Carcases eligible for the PGI must have a conformation class on the European scale of between O and U + and a degree of fat cover of between 2 and 4.

| | Fat cover class |
| --- | --- |
| 1 | 1 + | 2 – | 2 | 2 + | 3 – | 3 | 3 + | 4 – | 4 | 4 + | 5 – | 5 |
| Conformation | E | | | | | | | | | | | | | |
| U + | | | | X | X | X | X | X | X | X | | | |
| U | | | | X | X | X | X | X | X | X | | | |
| U – | | | | X | X | X | X | X | X | X | | | |
| R + | | | | X | X | X | X | X | X | X | | | |
| R | | | | X | X | X | X | X | X | X | | | |
| R – | | | | X | X | X | X | X | X | X | | | |
| O + | | | | X | X | X | X | X | X | X | | | |
| O | | | | X | X | X | X | X | X | X | | | |
| O – | | | | | | | | | | | | | |
| P + | | | | | | | | | | | | | |
| P | | | | | | | | | | | | | |
| P – | | | | | | | | | | | | | |

Fat cover class

1

1 +

2 –

2

2 +

3 –

3

3 +

4 –

4

4 +

5 –

5

Conformation

E

U +

X

X

X

X

X

X

X

U

X

X

X

X

X

X

X

U –

X

X

X

X

X

X

X

R +

X

X

X

X

X

X

X

R

X

X

X

X

X

X

X

R –

X

X

X

X

X

X

X

O +

X

X

X

X

X

X

X

O

X

X

X

X

X

X

X

O –

P +

P

P –

Meat from these animals has a firm consistency and is slightly moist with a fine texture. It has a bright colour, between light and purplish red, with white to cream-coloured fat and is highly regarded because of its tenderness and the intensity and quality of its flavour.

‘Carne de Ávila’ must be matured for a minimum of four days.

3.3.   Raw materials (for processed products only):

—

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

Extensive and/or transhumant production system using grazing and forestry resources (browsing, acorns). Transhumance is an ancestral production system based on the exploitation of natural resources and involves moving livestock between different but complementary locations at different times of the year: mountain pastures in summer and autumn and holm and cork oak groves in winter and spring. An extensive system is used with a low livestock density, which averages between 0,2 and 0,4 LU/ha, in areas where this breed has traditionally grazed and which would otherwise be very difficult to rear. In times of scarcity, livestock is given supplements composed of cereals, protein crops and other raw materials, always of plant origin, together with the necessary minerals and vitamins.

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

The geographical area described in paragraph 4 is where the animals intended for slaughter are born, reared and fattened on the extensive holdings on which their dams are reared.

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

—

3.7.   Specific rules concerning labelling:

Each carcase covered by the PGI has a set of labels to identify it and ensure traceability of the carcase, the cuts and the portions. This comprises:

| 1. | labels for the carcase bearing the information given below, except for the type of cut; |
| --- | --- |

1.

labels for the carcase bearing the information given below, except for the type of cut;

| 2. | labels for the cuts bearing the specified information and the type of cut (forequarter shank, rump steak, etc.); |
| --- | --- |

2.

labels for the cuts bearing the specified information and the type of cut (forequarter shank, rump steak, etc.);

| 3. | if the cut is despatched in portions, secondary labels are attached bearing the same information as the carcase labels; |
| --- | --- |

3.

if the cut is despatched in portions, secondary labels are attached bearing the same information as the carcase labels;

| 4. | in addition to the obligatory details, ‘Carne de Ávila’ labels must contain the following: identification mark of the Regulatory Council, official identification mark, date of slaughter, carcase number, logo of the Regulatory Council, European PGI logo and barcode. |
| --- | --- |

4.

in addition to the obligatory details, ‘Carne de Ávila’ labels must contain the following: identification mark of the Regulatory Council, official identification mark, date of slaughter, carcase number, logo of the Regulatory Council, European PGI logo and barcode.

Image

4.   Concise definition of the geographical area:

The production area for the cattle of the Avileña-Negra Ibérica breed comprises the agricultural districts listed below (grouped by province and autonomous community):

| | Autonomous Community of Andalusia: | Huelva: Sierra. |
| --- | --- | --- |

Autonomous Community of Andalusia:

Huelva: Sierra.

| | Jaén: Sierra Morena. |
| --- | --- |

Jaén: Sierra Morena.

| | Seville: Sierra Norte. |
| --- | --- |

Seville: Sierra Norte.

| | Autonomous Community of Aragon:
  Teruel: Serranía de Albarracín, Maestrazgo. |
| --- | --- |

Autonomous Community of Aragon:

Teruel: Serranía de Albarracín, Maestrazgo.

| | Autonomous Community of Castile-La Mancha: | Ciudad Real: Montes Norte, Campo Calatrava, Montes Sur, Pastos. |
| --- | --- | --- |

Autonomous Community of Castile-La Mancha:

Ciudad Real: Montes Norte, Campo Calatrava, Montes Sur, Pastos.

| | Toledo: Talavera, Torrijos, Sagra Toledo, La Jara, Montes de Nava Hermosa, Montes de los Yébenes. |
| --- | --- |

Toledo: Talavera, Torrijos, Sagra Toledo, La Jara, Montes de Nava Hermosa, Montes de los Yébenes.

| | Autonomous Community of Castile-León: | Ávila: all districts. |
| --- | --- | --- |

Autonomous Community of Castile-León:

Ávila: all districts.

| | Burgos: Demanda. |
| --- | --- |

Burgos: Demanda.

| | León: La Montaña de Riaño. |
| --- | --- |

León: La Montaña de Riaño.

| | Palencia: Guardo, Cervera. |
| --- | --- |

Palencia: Guardo, Cervera.

| | Salamanca: all districts. |
| --- | --- |

Salamanca: all districts.

| | Segovia: all districts. |
| --- | --- |

Segovia: all districts.

| | Soria: Pinares. |
| --- | --- |

Soria: Pinares.

| | Valladolid: centre, south, south-east. |
| --- | --- |

Valladolid: centre, south, south-east.

| | Zamora: Sayago. |
| --- | --- |

Zamora: Sayago.

| | Autonomous Community of Extremadura: | Cáceres: all districts. |
| --- | --- | --- |

Autonomous Community of Extremadura:

Cáceres: all districts.

| | Badajoz: Alburquerque, Mérida, Don Benito, La Puebla de Alcocer, Herrera del Duque, Badajoz, Almendralejo, Olivenza, Jerez de los Caballeros, Llerena. |
| --- | --- |

Badajoz: Alburquerque, Mérida, Don Benito, La Puebla de Alcocer, Herrera del Duque, Badajoz, Almendralejo, Olivenza, Jerez de los Caballeros, Llerena.

| | Autonomous Community of La Rioja: all districts. |
| --- | --- |

Autonomous Community of La Rioja: all districts.

| | Autonomous Community of Madrid:
  Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west. |
| --- | --- |

Autonomous Community of Madrid:

Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west.

Processing is carried out in the agricultural districts listed below (grouped by province and autonomous community):

| | Autonomous Community of Castile-León: | Ávila: all districts. |
| --- | --- | --- |

Autonomous Community of Castile-León:

Ávila: all districts.

| | Salamanca: all districts. |
| --- | --- |

Salamanca: all districts.

| | Segovia: all districts. |
| --- | --- |

Segovia: all districts.

| | Valladolid: centre, south, south-east. |
| --- | --- |

Valladolid: centre, south, south-east.

| | Autonomous Community of Castile-La Mancha:
  Toledo: Talavera, Sagra Toledo. |
| --- | --- |

Autonomous Community of Castile-La Mancha:

Toledo: Talavera, Sagra Toledo.

| | Autonomous Community of Extremadura: | Cáceres: Cáceres, Trujillo, Brozas, Valencia de Alcántara, Plasencia, Hervás. |
| --- | --- | --- |

Autonomous Community of Extremadura:

Cáceres: Cáceres, Trujillo, Brozas, Valencia de Alcántara, Plasencia, Hervás.

| | Badajoz: Mérida, Badajoz, Olivenza. |
| --- | --- |

Badajoz: Mérida, Badajoz, Olivenza.

| | Autonomous Community of Madrid:
  Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west. |
| --- | --- |

Autonomous Community of Madrid:

Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

(a)   Relief

The mountain areas have a rugged terrain and a complex orography, with high valleys, narrow ravines, steep slopes and wide plateaux that sometimes open to areas that are highly exposed to blizzards. The pasture land is an extensive and gently rolling plain lying at an altitude of between 300 m and 1 200 m above sea level.

(b)   Climate

Widely varying climates, given the breed’s wide distribution and transhumance. The livestock grazes in the meadows, the valleys and the mountains. Summers in the mountains are cool and winters very cold with severe frosts. The pasturelands generally have very hot, dry summers and mild winters.

(c)   Flora

The rearing of the Avileña-Negra Ibérica breed is linked to the exploitation of pastureland on which grasses, crops, shrub and woodland predominate.

There is natural pasture and cultivated pasture, as well as areas of scrub. On the natural pastureland is holm oak, common oak, savin juniper and common juniper. There are usually few trees but extensive pasture. In the mixed pasture grow holm oak, common oak and grasses and the animals can exploit the resources provided by the trees (acorns and browsing) and stubble fields.

On the mountain pastures, pine groves predominate, which for part of the year are covered in snow, thus the need for transhumance.

5.2.   Specificity of the product:

The meat covered by the ‘Carne de Ávila’ PGI has the following characteristics:

Meat from these animals has a firm consistency and is slightly moist with a fine texture. It has a bright colour, between light and purplish red, white to cream-coloured fat and is highly regarded because of its tenderness and the intensity and quality of its flavour.

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):

Avileña-Negra Ibérica breeding cows belong to an indigenous bovine breed that has since ancient times been perfectly adapted to livestock farming in these geographical areas and that is becoming more numerous within the livestock population.

Initially used as draught animals, they came to be used for meat production after holdings were mechanised. Breeding bulls of other slaughter breeds were then introduced, the most widely used breeds being Charolais and Limousin.

This indigenous breed, so well adapted to the environment, exploits the area’s natural resources, such as the flora, pasture, forage, browsing and acorns. The varied diet enjoyed by the dams and the particular properties of the Avileña-Negra Ibérica breed and its first crosses with breeds with a higher conformation produce a meat with unique characteristics. The meat is amongst the most highly regarded, because of its tenderness, the intensity and quality of its flavour and its bright colour, between light and purplish red. The characteristics of this meat are essentially the result of the geographical environment, the type of feed available, whose exploitation the breed’s perfect adaptation to the production model used in the geographical area makes possible, and the breed.

Reference to publication of the specification:

http://www.marm.es/es/alimentacion/temas/calidad-agroalimentaria/Pliego_de_Condiciones_IGP_Carne_de_%C3%81vila_tcm7-141852.pdf

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

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