# Official Journal C 149/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.149.eng |
| --- | --- |
| Official Journal
  of the European Union | C 149 |
| | |
| English edition | Information and Notices | Volume 538 June 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.149.eng

Official Journal

of the European Union

C 149

English edition

Information and Notices

Volume 538 June 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 149/01 | Non-opposition to a notified concentration (Case COMP/M.5796 — ENI/Mobil Oil Austria) (
  1
  ) | 1 |
| 2010/C 149/02 | Non-opposition to a notified concentration (Case COMP/M.5807 — ENI/Fox Energy) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 149/01

Non-opposition to a notified concentration (Case COMP/M.5796 — ENI/Mobil Oil Austria) (
  1
  )

1

1

2010/C 149/02

Non-opposition to a notified concentration (Case COMP/M.5807 — ENI/Fox Energy) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 149/03 | Euro exchange rates | 2 |
| 2010/C 149/04 | Decision No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council (
  2
  ) | 3 |
| 2010/C 149/05 | Decision No H5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems (
  2
  ) | 5 |
| | Court of Auditors |
| 2010/C 149/06 | Special Report No 1/2010 Are simplified customs procedures for imports effectively controlled? | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 149/03

Euro exchange rates

2

2010/C 149/04

Decision No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council (
  2
  )

2

3

2010/C 149/05

Decision No H5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems (
  2
  )

2

5

Court of Auditors

2010/C 149/06

Special Report No 1/2010 Are simplified customs procedures for imports effectively controlled?

8

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2010/C 149/07 | 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 | 9 |

V   Announcements

OTHER ACTS

European Commission

2010/C 149/07

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

9

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text of relevance to the EEA and to the EC/Switzerland Agreement |

---

(1)   Text with EEA relevance

1

(2)   Text of relevance to the EEA and to the EC/Switzerland Agreement

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.6.2010 | EN | Official Journal of the European Union | C 149/1 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/1

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Non-opposition to a notified concentration

(Case COMP/M.5796 — ENI/Mobil Oil Austria)

(Text with EEA relevance)

2010/C 149/01

On 27 May 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5796. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5796. EUR-Lex is the on-line access to the European law.

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| 8.6.2010 | EN | Official Journal of the European Union | C 149/1 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/1

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Non-opposition to a notified concentration

(Case COMP/M.5807 — ENI/Fox Energy)

(Text with EEA relevance)

2010/C 149/02

On 2 June 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5807. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5807. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.6.2010 | EN | Official Journal of the European Union | C 149/2 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/2

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Euro exchange rates (1)

7 June 2010

2010/C 149/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1959 |
| JPY | Japanese yen | 109,86 |
| DKK | Danish krone | 7,4377 |
| GBP | Pound sterling | 0,82460 |
| SEK | Swedish krona | 9,6449 |
| CHF | Swiss franc | 1,3911 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,9370 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,898 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 285,70 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7083 |
| PLN | Polish zloty | 4,1503 |
| RON | Romanian leu | 4,2359 |
| TRY | Turkish lira | 1,9110 |
| AUD | Australian dollar | 1,4607 |
| CAD | Canadian dollar | 1,2672 |
| HKD | Hong Kong dollar | 9,3325 |
| NZD | New Zealand dollar | 1,7917 |
| SGD | Singapore dollar | 1,6945 |
| KRW | South Korean won | 1 477,54 |
| ZAR | South African rand | 9,3031 |
| CNY | Chinese yuan renminbi | 8,1706 |
| HRK | Croatian kuna | 7,2553 |
| IDR | Indonesian rupiah | 11 126,46 |
| MYR | Malaysian ringgit | 3,9853 |
| PHP | Philippine peso | 56,010 |
| RUB | Russian rouble | 37,9690 |
| THB | Thai baht | 39,046 |
| BRL | Brazilian real | 2,2232 |
| MXN | Mexican peso | 15,4749 |
| INR | Indian rupee | 56,3210 |

Currency

Exchange rate

USD

US dollar

1,1959

JPY

Japanese yen

109,86

DKK

Danish krone

7,4377

GBP

Pound sterling

0,82460

SEK

Swedish krona

9,6449

CHF

Swiss franc

1,3911

ISK

Iceland króna

NOK

Norwegian krone

7,9370

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,898

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

285,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7083

PLN

Polish zloty

4,1503

RON

Romanian leu

4,2359

TRY

Turkish lira

1,9110

AUD

Australian dollar

1,4607

CAD

Canadian dollar

1,2672

HKD

Hong Kong dollar

9,3325

NZD

New Zealand dollar

1,7917

SGD

Singapore dollar

1,6945

KRW

South Korean won

1 477,54

ZAR

South African rand

9,3031

CNY

Chinese yuan renminbi

8,1706

HRK

Croatian kuna

7,2553

IDR

Indonesian rupiah

11 126,46

MYR

Malaysian ringgit

3,9853

PHP

Philippine peso

56,010

RUB

Russian rouble

37,9690

THB

Thai baht

39,046

BRL

Brazilian real

2,2232

MXN

Mexican peso

15,4749

INR

Indian rupee

56,3210

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

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| 8.6.2010 | EN | Official Journal of the European Union | C 149/3 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/3

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DECISION No A3

of 17 December 2009

concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council

(Text of relevance to the EEA and to the EC/Switzerland Agreement)

2010/C 149/04

THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,

Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council (2),

Having regard to Article 12 of Regulation (EC) No 883/2004,

Having regard to Articles 5 and 14 to 21 of Regulation (EC) No 987/2009,

Whereas:

| (1) | For the purposes of this Decision ‘posting’ means any period completed by employed or self-employed persons, during which a person pursues his activity in a Member State other than the competent Member State in accordance with the provisions of Article 14(1), 14a(1), 14b(1) or 14b(2) of Council Regulation (EEC) No 1408/71 (3) and Article 12(1) or 12(2) of Regulation (EC) No 883/2004. |
| --- | --- |

(1)

For the purposes of this Decision ‘posting’ means any period completed by employed or self-employed persons, during which a person pursues his activity in a Member State other than the competent Member State in accordance with the provisions of Article 14(1), 14a(1), 14b(1) or 14b(2) of Council Regulation (EEC) No 1408/71 (3) and Article 12(1) or 12(2) of Regulation (EC) No 883/2004.

| (2) | The provisions of Article 12 of Regulation (EC) No 883/2004, which provide for an exception to the general rule laid down in Article 11(3)(a) of the said Regulation, aim in particular to facilitate the freedom to provide services for the benefit of employers which post workers to Member States other than that in which they are established, as well as the freedom of workers to move to other Member States. These provisions also aim to overcome the obstacles likely to impede freedom of movement of workers and to encourage economic interpenetration whilst avoiding administrative complications, especially for workers and undertakings. |
| --- | --- |

(2)

The provisions of Article 12 of Regulation (EC) No 883/2004, which provide for an exception to the general rule laid down in Article 11(3)(a) of the said Regulation, aim in particular to facilitate the freedom to provide services for the benefit of employers which post workers to Member States other than that in which they are established, as well as the freedom of workers to move to other Member States. These provisions also aim to overcome the obstacles likely to impede freedom of movement of workers and to encourage economic interpenetration whilst avoiding administrative complications, especially for workers and undertakings.

| (3) | The decisive conditions for the application of Article 12(1) of the said Regulation are the existence of a direct relationship between the employer and the worker it engages and the existence of ties between the employer and the Member State in which it is established. The decisive condition for the application of Article 12(2) of the said Regulation is the habitual carrying out of a substantial similar activity in the Member State where the person is established. |
| --- | --- |

(3)

The decisive conditions for the application of Article 12(1) of the said Regulation are the existence of a direct relationship between the employer and the worker it engages and the existence of ties between the employer and the Member State in which it is established. The decisive condition for the application of Article 12(2) of the said Regulation is the habitual carrying out of a substantial similar activity in the Member State where the person is established.

| (4) | Under Regulation (EEC) No 1408/71, the anticipated duration of the posting cannot exceed 12 months, with an extension of up to 12 additional months due to unforeseeable circumstances. Under Regulation (EC) No 883/2004, the anticipated duration of the posting cannot exceed 24 months in total. |
| --- | --- |

(4)

Under Regulation (EEC) No 1408/71, the anticipated duration of the posting cannot exceed 12 months, with an extension of up to 12 additional months due to unforeseeable circumstances. Under Regulation (EC) No 883/2004, the anticipated duration of the posting cannot exceed 24 months in total.

| (5) | Any extension of the uninterrupted posting period beyond the maximum duration provided in the Regulations requires an agreement according to Article 17 of Regulation (EEC) No 1408/71 or Article 16 of Regulation (EC) No 883/2004. |
| --- | --- |

(5)

Any extension of the uninterrupted posting period beyond the maximum duration provided in the Regulations requires an agreement according to Article 17 of Regulation (EEC) No 1408/71 or Article 16 of Regulation (EC) No 883/2004.

| (6) | Regulation (EC) No 883/2004 does not contain any explicit transitional provision on aggregation of the posting periods completed under Regulations (EEC) No 1408/71 and (EC) No 883/2004. The intention of the legislator was to extend the maximum possible anticipated period of posting from 12 months up to 24 months. The procedures and other conditions for posting did not considerably change. |
| --- | --- |

(6)

Regulation (EC) No 883/2004 does not contain any explicit transitional provision on aggregation of the posting periods completed under Regulations (EEC) No 1408/71 and (EC) No 883/2004. The intention of the legislator was to extend the maximum possible anticipated period of posting from 12 months up to 24 months. The procedures and other conditions for posting did not considerably change.

| (7) | In the view of the legal continuity between the old and new Regulations and in order to ensure the uniform application of the posting rules during the transitional period between Regulations (EEC) No 1408/71 and (EC) No 883/2004,
  Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004, |
| --- | --- |

(7)

In the view of the legal continuity between the old and new Regulations and in order to ensure the uniform application of the posting rules during the transitional period between Regulations (EEC) No 1408/71 and (EC) No 883/2004,

Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

HAS DECIDED AS FOLLOWS:

| 1. | All periods of posting completed under Regulation (EEC) No 1408/71 shall be taken into consideration for the calculation of the uninterrupted posting period under the application of Regulation (EC) No 883/2004, so that the total period of the uninterrupted posting completed under the application of both Regulations cannot exceed 24 months. |
| --- | --- |

1.

All periods of posting completed under Regulation (EEC) No 1408/71 shall be taken into consideration for the calculation of the uninterrupted posting period under the application of Regulation (EC) No 883/2004, so that the total period of the uninterrupted posting completed under the application of both Regulations cannot exceed 24 months.

| 2. | This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009. |
| --- | --- |

2.

This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

The Chair of the Administrative Commission

Lena MALMBERG

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(1)  OJ L 166, 30.4.2004, p. 1.

1

(2)  OJ L 284, 30.10.2009, p. 1.

2

(3)  OJ L 149, 5.7.1971, p. 2.

3

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| 8.6.2010 | EN | Official Journal of the European Union | C 149/5 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/5

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DECISION No H5

of 18 March 2010

concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems

(Text of relevance to the EEA and to the EC/Switzerland Agreement)

2010/C 149/05

THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,

Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council (2),

Having regard to Article 76 of Regulation (EC) No 883/2004,

Having regard to Articles 2(2), 20, 52 and 87(3) of Regulation (EC) No 987/2009,

Whereas:

| (1) | Competent authorities and institutions are required by Article 76 of Regulation (EC) No 883/2004 to cooperate to ensure the correct implementation of the Regulation. |
| --- | --- |

(1)

Competent authorities and institutions are required by Article 76 of Regulation (EC) No 883/2004 to cooperate to ensure the correct implementation of the Regulation.

| (2) | Measures to combat fraud and error are closely linked to the branches of social security as defined by Article 3(1) of Regulation (EC) No 883/2004 and at guaranteeing that contributions are paid to the right Member State and that benefits are not unduly granted or fraudulently obtained. |
| --- | --- |

(2)

Measures to combat fraud and error are closely linked to the branches of social security as defined by Article 3(1) of Regulation (EC) No 883/2004 and at guaranteeing that contributions are paid to the right Member State and that benefits are not unduly granted or fraudulently obtained.

| (3) | Action to combat fraud and error is therefore part of the proper implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009. |
| --- | --- |

(3)

Action to combat fraud and error is therefore part of the proper implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009.

| (4) | Closer and more effective cooperation between competent authorities and institutions is a key factor in taking action to combat fraud and error. |
| --- | --- |

(4)

Closer and more effective cooperation between competent authorities and institutions is a key factor in taking action to combat fraud and error.

| (5) | The identification of persons is of fundamental importance to the administration of the Regulations, both in terms of tracing persons in an institution's database and in ensuring persons are who they claim to be. |
| --- | --- |

(5)

The identification of persons is of fundamental importance to the administration of the Regulations, both in terms of tracing persons in an institution's database and in ensuring persons are who they claim to be.

| (6) | Article 3(3) of Regulation (EC) No 987/2009 underlines that, when collecting, transmitting or processing personal data pursuant to their legislation for purposes of implementing the Regulations, Member States shall ensure that the persons concerned are able to exercise fully their rights regarding personal data protection in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data. |
| --- | --- |

(6)

Article 3(3) of Regulation (EC) No 987/2009 underlines that, when collecting, transmitting or processing personal data pursuant to their legislation for purposes of implementing the Regulations, Member States shall ensure that the persons concerned are able to exercise fully their rights regarding personal data protection in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data.

| (7) | Article 5(3) of Regulation (EC) No 987/2009 permits the competent institution, where there is doubt, to request the institution of the place of stay or residence to verify information provided by the person concerned or the validity of a document. |
| --- | --- |

(7)

Article 5(3) of Regulation (EC) No 987/2009 permits the competent institution, where there is doubt, to request the institution of the place of stay or residence to verify information provided by the person concerned or the validity of a document.

| (8) | Effective cooperation to combat fraud and error involves building on the mechanisms for providing information on changes of applicable legislation and in Articles 20 and 52 of Regulation (EC) No 987/2009.
  Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004. |
| --- | --- |

(8)

Effective cooperation to combat fraud and error involves building on the mechanisms for providing information on changes of applicable legislation and in Articles 20 and 52 of Regulation (EC) No 987/2009.

Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004.

HAS DECIDED AS FOLLOWS:

General issues

| 1. | The authorities and institutions of the Member States shall, for the purposes of the correct implementation of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, cooperate in relation to combating fraud and error. |
| --- | --- |

1.

The authorities and institutions of the Member States shall, for the purposes of the correct implementation of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, cooperate in relation to combating fraud and error.

| 2. | The Administrative Commission shall, once a year, discuss cooperation on fraud and error issues. This discussion will be based on voluntary reporting from Member States about their experience and progress in this field. The suggested content for such reports is listed in Annex 1. |
| --- | --- |

2.

The Administrative Commission shall, once a year, discuss cooperation on fraud and error issues. This discussion will be based on voluntary reporting from Member States about their experience and progress in this field. The suggested content for such reports is listed in Annex 1.

| 3. | Member States shall nominate a point of contact for fraud and error to whom either risks of fraud and abuse, or systematic difficulties which cause delays and error, can be reported by competent authorities or institutions. This contact point shall be included in a list to be published by the Secretariat of the Administrative Commission. |
| --- | --- |

3.

Member States shall nominate a point of contact for fraud and error to whom either risks of fraud and abuse, or systematic difficulties which cause delays and error, can be reported by competent authorities or institutions. This contact point shall be included in a list to be published by the Secretariat of the Administrative Commission.

Error

| 4. | In order to limit the risks of error, competent authorities and institutions shall take steps to ensure that the timely and correct provision of information is achieved, in particular when using the system for the Electronic Exchange of Social Security Information. To this end, competent authorities and institutions should:






  (a) | make sure that the information sent electronically via Standard Electronic Documents to authorities or institutions of other Member States is subject to a quality control process, especially with regard to the identification of the person concerned and the PIN number; and |
| --- | --- | --- |

4.

In order to limit the risks of error, competent authorities and institutions shall take steps to ensure that the timely and correct provision of information is achieved, in particular when using the system for the Electronic Exchange of Social Security Information. To this end, competent authorities and institutions should:

(a)

make sure that the information sent electronically via Standard Electronic Documents to authorities or institutions of other Member States is subject to a quality control process, especially with regard to the identification of the person concerned and the PIN number; and

| (b) | report to the Technical Commission and Administrative Commission on any systematic difficulties, which cause delays or errors, in exchanging information for the purposes of the Regulations. |
| --- | --- |

(b)

report to the Technical Commission and Administrative Commission on any systematic difficulties, which cause delays or errors, in exchanging information for the purposes of the Regulations.

Reporting of death

| 5. | As regards cooperation in relation to the reporting of death:






  (a) | Member States shall share through the Administrative Commission any innovative practices they have introduced in this field, or report any obstacles in securing cooperation on this issue; |
| --- | --- | --- |

5.

As regards cooperation in relation to the reporting of death:

(a)

Member States shall share through the Administrative Commission any innovative practices they have introduced in this field, or report any obstacles in securing cooperation on this issue;

| (b) | Member States shall review their practices as regards combating the non-reporting of death in cross-border cases in order to ensure that insofar as possible such practices are consistent with best practice in this area. A list of identified best practices is contained in Annex 2. |
| --- | --- |

(b)

Member States shall review their practices as regards combating the non-reporting of death in cross-border cases in order to ensure that insofar as possible such practices are consistent with best practice in this area. A list of identified best practices is contained in Annex 2.

| (c) | Requests for information from institutions or competent authorities concerning the reporting of death shall be dealt with as quickly as possible by the receiving party. |
| --- | --- |

(c)

Requests for information from institutions or competent authorities concerning the reporting of death shall be dealt with as quickly as possible by the receiving party.

Requests for Information

| 6. | Taking into account the requirement to act in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data, competent authorities and institutions shall cooperate with requests from other Member States for information aimed at tackling fraud and ensuring the correct implementation of the Regulations. They shall undertake a careful assessment of the legal position before any such request is refused on data protection grounds. |
| --- | --- |

6.

Taking into account the requirement to act in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data, competent authorities and institutions shall cooperate with requests from other Member States for information aimed at tackling fraud and ensuring the correct implementation of the Regulations. They shall undertake a careful assessment of the legal position before any such request is refused on data protection grounds.

| 7. | Where a request for information aimed at tackling fraud and error concerns data related to the implementation of the coordination Regulations, but is not being handled directly by an institution or competent authority, the institution or competent authority shall assist the requesting institution or authority in identifying a third party as the appropriate source of information and lend its good offices in any negotiations with that third party. |
| --- | --- |

7.

Where a request for information aimed at tackling fraud and error concerns data related to the implementation of the coordination Regulations, but is not being handled directly by an institution or competent authority, the institution or competent authority shall assist the requesting institution or authority in identifying a third party as the appropriate source of information and lend its good offices in any negotiations with that third party.

Review Clause

| 8. | This Decision shall be reviewed at the latest by the end of the second year following its entry into force. |
| --- | --- |

8.

This Decision shall be reviewed at the latest by the end of the second year following its entry into force.

| 9. | This Decision shall be published in the Official Journal of the European Union. It shall apply from the first day of the second month after its publication. |
| --- | --- |

9.

This Decision shall be published in the Official Journal of the European Union. It shall apply from the first day of the second month after its publication.

The Chair of the Administrative Commission

José Maria MARCO GARCÍA

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(1)  OJ L 166, 30.4.2004, p. 1.

1

(2)  OJ L 284, 30.10.2009, p. 1.

2

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ANNEX 1

Matters to be covered, inter alia, in annual reports from the Member States on fraud and error

| 1. | Steps taken throughout the year to combat fraud and error in cases determined under the Regulations; |
| --- | --- |

1.

Steps taken throughout the year to combat fraud and error in cases determined under the Regulations;

| 2. | Specific problems in implementing the coordination rules which may lead at least to risks of fraud and error; |
| --- | --- |

2.

Specific problems in implementing the coordination rules which may lead at least to risks of fraud and error;

| 3. | Agreements and bilateral cooperation arrangements with other EU Member States entered into for the purposes of combating fraud and error; |
| --- | --- |

3.

Agreements and bilateral cooperation arrangements with other EU Member States entered into for the purposes of combating fraud and error;

| 4. | In the field of benefits in kind, steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens. |
| --- | --- |

4.

In the field of benefits in kind, steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens.

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ANNEX 2

Best practices as regards combating the non-reporting of death in cross-border cases
   (1)

| | Setting up a system for direct notification of death by the host state |
| --- | --- |

Setting up a system for direct notification of death by the host state

| | Data-matching |
| --- | --- |

Data-matching

| | Requesting an administrative check from the host state |
| --- | --- |

Requesting an administrative check from the host state

| | Access to reports of death between health institutions |
| --- | --- |

Access to reports of death between health institutions

| | Life certification |
| --- | --- |

Life certification

| | Providing direct physical presence in the host state |
| --- | --- |

Providing direct physical presence in the host state

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(1)  A fuller account of these best practices can be found in Section 9.2 of the Report of the Administrative Commission Ad Hoc Follow-up Group on Combating Fraud and Error of 16 November 2009, published as CASSTM Note 560/09.

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Court of Auditors

| 8.6.2010 | EN | Official Journal of the European Union | C 149/8 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/8

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Special Report No 1/2010 ‘Are simplified customs procedures for imports effectively controlled?’

2010/C 149/06

The European Court of Auditors hereby informs you that Special Report No 1/2010 ‘Are simplified customs procedures for imports effectively controlled?’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu

A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Communication and Reports Unit |
| 12, rue Alcide De Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: euraud@eca.europa.eu |

European Court of Auditors

Communication and Reports Unit

12, rue Alcide De Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: euraud@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

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V Announcements

OTHER ACTS

European Commission

| 8.6.2010 | EN | Official Journal of the European Union | C 149/9 |
| --- | --- | --- | --- |

8.6.2010

EN

Official Journal of the European Union

C 149/9

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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

2010/C 149/07

This publication confers the right to object to the application in accordance with 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.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘CARCIOFO SPINOSO DI SARDEGNA’

EC No: IT-PDO-0005-0687-06.03.2008

PGI ( ) PDO ( X )

1.   Name:

‘Carciofo Spinoso di Sardegna’

2.   Member State or third country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product (Annex III):

| 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 (1) applies:

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

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

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

Chemical characteristics: carbohydrate content no less than 2,5 g of 100 g of fresh matter; polyphenols content no less than 50 mg of 100 g of fresh matter; sodium: no greater than 0,125 g of 100 g of fresh matter; iron: no greater than 0,80 mg of 100 g of fresh matter.

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

3.3.   Raw materials (for processed products only):

—

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

—

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

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

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

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

The ‘Carciofo Spinoso di Sardegna’ is released for consumption in the following types of closed packaging to which the logo is affixed: trays containing between two and 12 whole and/or cut heads; 500 g to 5 kg baskets in materials for foodstuffs; wooden, cardboard or plastic crates for foodstuffs containing from four to 60 heads.

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

3.7.   Specific rules concerning labelling:

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

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

Image

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

4.   Concise definition of the geographical area:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

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

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

5.2.   Specificity of the product:

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

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

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

These particularities derive from the strong link to the island territory, which is particularly suitable both because of traditional growing techniques and the favourable climatic, soil and morphological conditions. The significant quantity of calcium, magnesium and potassium present in the vast majority of fields in which the artichoke is grown is the principal reason for the plant's characteristic resistance to stress consequent upon high temperatures and low relative humidity. In the same way, the ‘fresh’, deep soil of these fields, of largely alluvial origin and which does not become waterlogged, provides an optimum exchange medium, guaranteeing the complete take-up by the plants of the phosphorous, iron, potassium and other mineral salts responsible for the characteristics described under 5.2.

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

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

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

Reference to publication of the specification:

The Ministry has launched the national objection procedure with the publication of the proposal for recognising the ‘Carciofo Spinoso di Sardegna’ as a protected designation of origin in the Official Gazette of the Italian Republic No 25 of 30 January 2008.

The full text of the product specification is available:

| — | on the following website: http://www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm? txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg
  or: |
| --- | --- |

—

on the following website: http://www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm? txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or:

| — | by going directly to the home page of the Ministry (http://www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE [regolamento (CE) n. 510/2006]’. |
| --- | --- |

—

by going directly to the home page of the Ministry (http://www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE [regolamento (CE) n. 510/2006]’.

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

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