# Official Journal C 367/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.367.eng |
| --- | --- |
| Official Journal
  of the European Union | C 367 |
| | |
| English edition | Information and Notices | Volume 5527 November 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.367.eng

Official Journal

of the European Union

C 367

English edition

Information and Notices

Volume 5527 November 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 367/01 | Communication from the Commission notifying Member States about certain shortcomings in compliance by the Philippines’ system on training and certification of seafarers with the requirements of the STCW Convention (
  1
  ) | 1 |
| 2012/C 367/02 | Non-opposition to a notified concentration (Case COMP/M.6745 — SNCF/Haselsteiner Familien-Privatstiftung/Augusta Holding/Rail Holding) (
  1
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 367/01

Communication from the Commission notifying Member States about certain shortcomings in compliance by the Philippines’ system on training and certification of seafarers with the requirements of the STCW Convention (
  1
  )

1

1

2012/C 367/02

Non-opposition to a notified concentration (Case COMP/M.6745 — SNCF/Haselsteiner Familien-Privatstiftung/Augusta Holding/Rail Holding) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 367/03 | Euro exchange rates | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 367/03

Euro exchange rates

5

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 367/04 | Prior notification of a concentration (Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2012/C 367/05 | Prior notification of a concentration (Case COMP/M.6766 — Migros/Tegut) — Candidate case for simplified procedure (
  1
  ) | 7 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 367/06 | 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 | 8 |
| 2012/C 367/07 | 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 | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 367/04

Prior notification of a concentration (Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group) — Candidate case for simplified procedure (
  1
  )

1

6

2012/C 367/05

Prior notification of a concentration (Case COMP/M.6766 — Migros/Tegut) — Candidate case for simplified procedure (
  1
  )

1

7

OTHER ACTS

European Commission

2012/C 367/06

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

8

2012/C 367/07

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

13

| | Corrigenda |
| --- | --- |
| 2012/C 367/08 | Corrigendum to the Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition (OJ C 102 A, 5.4.2012) | 18 |

Corrigenda

2012/C 367/08

Corrigendum to the Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition (OJ C 102 A, 5.4.2012)

18

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

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(1)   Text with EEA relevance

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 27.11.2012 | EN | Official Journal of the European Union | C 367/1 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/1

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Communication from the Commission notifying Member States about certain shortcomings in compliance by the Philippines’ system on training and certification of seafarers with the requirements of the STCW Convention

(Text with EEA relevance)

2012/C 367/01

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (1), and in particular Article 20(2) thereof,

Whereas:

| (1) | Under Regulation I/10 of the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), as revised in 1995, State Parties may recognise by endorsement certificates of competency as well as certificates of proficiency granted to masters and officers on tankers and gas carriers, which have been issued by another State Party, provided that the recognising party has verified that the recognised Party complies with the Convention. |
| --- | --- |

(1)

Under Regulation I/10 of the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), as revised in 1995, State Parties may recognise by endorsement certificates of competency as well as certificates of proficiency granted to masters and officers on tankers and gas carriers, which have been issued by another State Party, provided that the recognising party has verified that the recognised Party complies with the Convention.

| (2) | Under European Union law the recognition of certificates issued by third countries for STCW purposes is granted at the level of the Union. In fact, under Directive 2008/106/EC Member States may decide to endorse the mentioned seafarers’ certificates issued by a third country only if that country has been recognised through a Commission decision, further to a procedure laid down in the same Directive. The Commission decision stems from an assessment of the education, training and certification system in the third country as regards compliance with the requirements of the STCW Convention. This assessment is based on the information collected and on inspections carried out by the Commission, assisted by the European Maritime Safety Agency (EMSA). |
| --- | --- |

(2)

Under European Union law the recognition of certificates issued by third countries for STCW purposes is granted at the level of the Union. In fact, under Directive 2008/106/EC Member States may decide to endorse the mentioned seafarers’ certificates issued by a third country only if that country has been recognised through a Commission decision, further to a procedure laid down in the same Directive. The Commission decision stems from an assessment of the education, training and certification system in the third country as regards compliance with the requirements of the STCW Convention. This assessment is based on the information collected and on inspections carried out by the Commission, assisted by the European Maritime Safety Agency (EMSA).

| (3) | Under the former regime established by Directive 2001/25/EC of the European Parliament and the Council of 4 April 2001 on the minimum level of training of seafarers (2), Member States could recognise third countries for STCW purposes on a pure bilateral basis and such recognitions, which are still valid in conformity with Article 19(5) of Directive 2008/106/EC, were published in the Official Journal of the European Union. Under this former regime Belgium, Denmark, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Sweden and the United Kingdom recognised certain types of certificates issued by the Philippines (3). These recognitions may be used by all Member States. |
| --- | --- |

(3)

Under the former regime established by Directive 2001/25/EC of the European Parliament and the Council of 4 April 2001 on the minimum level of training of seafarers (2), Member States could recognise third countries for STCW purposes on a pure bilateral basis and such recognitions, which are still valid in conformity with Article 19(5) of Directive 2008/106/EC, were published in the Official Journal of the European Union. Under this former regime Belgium, Denmark, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Sweden and the United Kingdom recognised certain types of certificates issued by the Philippines (3). These recognitions may be used by all Member States.

| (4) | In accordance with Article 21(1) of Directive 2008/106/EC, all recognised (under the former or the present regime) third countries have to be reassessed at least every five years, in order to check if they continue to comply with the relevant criteria set out in Annex II to the Directive (mainly requirements provided in the STCW Convention), and whether the appropriate measures have been taken to prevent fraud involving certificates. As provided in Article 20 of Directive 2008/106/EC, if such countries no longer comply with the Convention, the Commission notifies the Member States the reasons for non-compliance. Recognition may then be withdrawn according to a procedure set out in that Directive. Until the decision of withdrawal is adopted by the Commission, Member States may still endorse certificates issued by the involved third countries. Once the decision is taken, no further certificates can be endorsed, while the endorsements issued before the date of decision remain valid until their expiry. |
| --- | --- |

(4)

In accordance with Article 21(1) of Directive 2008/106/EC, all recognised (under the former or the present regime) third countries have to be reassessed at least every five years, in order to check if they continue to comply with the relevant criteria set out in Annex II to the Directive (mainly requirements provided in the STCW Convention), and whether the appropriate measures have been taken to prevent fraud involving certificates. As provided in Article 20 of Directive 2008/106/EC, if such countries no longer comply with the Convention, the Commission notifies the Member States the reasons for non-compliance. Recognition may then be withdrawn according to a procedure set out in that Directive. Until the decision of withdrawal is adopted by the Commission, Member States may still endorse certificates issued by the involved third countries. Once the decision is taken, no further certificates can be endorsed, while the endorsements issued before the date of decision remain valid until their expiry.

| (5) | Against this background, in 2006 the Commission started the reassessment of the education, training and certification system of the Philippines by means of an EMSA inspection carried out in March of that year. This first inspection revealed several deficiencies which were followed-up by two further inspections, in April 2010 and March 2012 respectively. The 2010 inspection, in particular, revealed, on the one hand, significant shortcomings, while, on the other hand, noteworthy progress with respect to the 2006 inspection. The main deficiencies remaining at that time regarded: the legislation did not meet all the standards of the Convention on requirements for certification of seafarers, in particular as regards the possibility for officers to have access to management positions without having attended specific training as required by the Convention; insufficient on-board training, in particular for cadets spending their time at sea as remunerated ratings; an incomplete quality standards system, not covering all the branches of the administration in charge of the STCW-related activities for which the Convention requires a quality standards system; the lack of procedures to implement the quality standards system; lacking or poor monitoring of schools by the competent administrations, confirmed by the significant shortcomings also detected in schools; missing, insufficient or not properly used equipment in schools (such as simulators for deck officers); non-compliant, often seriously non-compliant, training practices in schools. |
| --- | --- |

(5)

Against this background, in 2006 the Commission started the reassessment of the education, training and certification system of the Philippines by means of an EMSA inspection carried out in March of that year. This first inspection revealed several deficiencies which were followed-up by two further inspections, in April 2010 and March 2012 respectively. The 2010 inspection, in particular, revealed, on the one hand, significant shortcomings, while, on the other hand, noteworthy progress with respect to the 2006 inspection. The main deficiencies remaining at that time regarded: the legislation did not meet all the standards of the Convention on requirements for certification of seafarers, in particular as regards the possibility for officers to have access to management positions without having attended specific training as required by the Convention; insufficient on-board training, in particular for cadets spending their time at sea as remunerated ratings; an incomplete quality standards system, not covering all the branches of the administration in charge of the STCW-related activities for which the Convention requires a quality standards system; the lack of procedures to implement the quality standards system; lacking or poor monitoring of schools by the competent administrations, confirmed by the significant shortcomings also detected in schools; missing, insufficient or not properly used equipment in schools (such as simulators for deck officers); non-compliant, often seriously non-compliant, training practices in schools.

| (6) | The described deficiencies have been regularly brought to the attention of the Philippines’ authorities by the Commission, assisted by EMSA, while the assessment of the Commission and the consequent requests of specific remedial actions were forwarded to the same authorities by letters of 27 February 2009, 4 February 2010, 6 May 2011 and 26 December 2011. In particular, by its letter of 6 May 2011, the Commission requested the Philippines’ authorities to provide substantial evidence demonstrating that the deficiencies identified had been or were being corrected. |
| --- | --- |

(6)

The described deficiencies have been regularly brought to the attention of the Philippines’ authorities by the Commission, assisted by EMSA, while the assessment of the Commission and the consequent requests of specific remedial actions were forwarded to the same authorities by letters of 27 February 2009, 4 February 2010, 6 May 2011 and 26 December 2011. In particular, by its letter of 6 May 2011, the Commission requested the Philippines’ authorities to provide substantial evidence demonstrating that the deficiencies identified had been or were being corrected.

| (7) | By letters of 10 May 2009, 13 July 2010, 19 August 2011 and 25 January 2012, the Philippines provided information and evidence concerning the corrective actions that they had completed or undertaken to address the mentioned shortcomings. In particular, their letter of 19 August 2011 was accompanied by a very large set of documents aiming to substantiate those remedial actions, particularly with respect to deficiencies in the field of legislation and missing equipment. |
| --- | --- |

(7)

By letters of 10 May 2009, 13 July 2010, 19 August 2011 and 25 January 2012, the Philippines provided information and evidence concerning the corrective actions that they had completed or undertaken to address the mentioned shortcomings. In particular, their letter of 19 August 2011 was accompanied by a very large set of documents aiming to substantiate those remedial actions, particularly with respect to deficiencies in the field of legislation and missing equipment.

| (8) | By the actions substantiated in their letter of 19 August 2011 and its attachments, the Philippines’ authorities appeared to have addressed the following shortcomings: those related to legislation, in particular certification requirement for management positions; those related to on-board training of cadets spending their time at sea as remunerated ratings; the shortcomings related to the quality standard system; those related to the procedures for school-monitoring. The files forwarded by the Philippines’ authorities also included a set of documents proving the purchase of equipment, or the making of other arrangements (e.g., lease contracts) aimed to provide schools with simulators. All the mentioned remedial actions needed to be checked on the spot. |
| --- | --- |

(8)

By the actions substantiated in their letter of 19 August 2011 and its attachments, the Philippines’ authorities appeared to have addressed the following shortcomings: those related to legislation, in particular certification requirement for management positions; those related to on-board training of cadets spending their time at sea as remunerated ratings; the shortcomings related to the quality standard system; those related to the procedures for school-monitoring. The files forwarded by the Philippines’ authorities also included a set of documents proving the purchase of equipment, or the making of other arrangements (e.g., lease contracts) aimed to provide schools with simulators. All the mentioned remedial actions needed to be checked on the spot.

| (9) | Therefore, in March 2012, EMSA inspected the Philippines again, mainly in order to check the implementation of the remedial actions regarding the administration reported in the documents submitted to the Commission in August 2011. Maritime education and training institutions were not inspected by EMSA at this stage. The documentary evidence on training institutions supplied by the Philippines in 2011 will be checked in the course of a further EMSA inspection, planned for the beginning of 2013. As a matter of fact, since both the deficiencies and the remedial actions in this respect did not only regard the availability of equipment but also their proper use by the education and training institutions spread over the country, and since a congruous period of time is needed to familiarise with such equipment, the Commission has considered more appropriate to inspect them at a later stage. |
| --- | --- |

(9)

Therefore, in March 2012, EMSA inspected the Philippines again, mainly in order to check the implementation of the remedial actions regarding the administration reported in the documents submitted to the Commission in August 2011. Maritime education and training institutions were not inspected by EMSA at this stage. The documentary evidence on training institutions supplied by the Philippines in 2011 will be checked in the course of a further EMSA inspection, planned for the beginning of 2013. As a matter of fact, since both the deficiencies and the remedial actions in this respect did not only regard the availability of equipment but also their proper use by the education and training institutions spread over the country, and since a congruous period of time is needed to familiarise with such equipment, the Commission has considered more appropriate to inspect them at a later stage.

| (10) | On the basis of the documents received and the inspections carried out by EMSA, some conclusions may be drawn as regards compliance by the Philippines with the requirements of the STCW Convention. |
| --- | --- |

(10)

On the basis of the documents received and the inspections carried out by EMSA, some conclusions may be drawn as regards compliance by the Philippines with the requirements of the STCW Convention.

| (11) | In particular, the recent actions undertaken by the Philippines’ government have brought the country's regulatory framework in line with the requirements of the STCW Convention on the certification of seafarers and the quality standard system to be implemented by the administration. However, it also appears that administrative practices are still not in line with this new regulatory framework. As a result, there are still deficiencies at the level of the administration, which are described below. |
| --- | --- |

(11)

In particular, the recent actions undertaken by the Philippines’ government have brought the country's regulatory framework in line with the requirements of the STCW Convention on the certification of seafarers and the quality standard system to be implemented by the administration. However, it also appears that administrative practices are still not in line with this new regulatory framework. As a result, there are still deficiencies at the level of the administration, which are described below.

| (12) | Regulation I/6 of the Annex to the STCW Convention requires training and assessment of seafarers to be supervised and monitored in order to secure that programmes, methods and media of delivery ensure that the prescribed standards of competence are achieved. On the contrary, the inspection of March 2012 revealed that, in the Philippines, monitoring of education and training institutions does not ensure that programmes, methods and media of delivery are up to standard, since this monitoring appears to be carried out mainly by means of checklists targeting equipment, while the use of such equipment and the methodology and content of education and training are not adequately checked. This lack of effective and independent monitoring and rule-enforcing in education and training institutions also emerged on the occasion of the former EMSA inspections and was mirrored in the shortcomings detected at the schools’ level, relating to programmes, methods, use of equipment and the absence of equipment itself. Furthermore, the EMSA inspections and the analysis of the evidence submitted also suggest that in the Philippines there is still the possibility of conflicts of interests when the competency of candidates to STCW certificates is assessed. Although in December 2011 a new procedure has been adopted in this respect, it is not yet ensured that candidates for a certificate are examined by persons not having an interest in a positive outcome of their examinations. |
| --- | --- |

(12)

Regulation I/6 of the Annex to the STCW Convention requires training and assessment of seafarers to be supervised and monitored in order to secure that programmes, methods and media of delivery ensure that the prescribed standards of competence are achieved. On the contrary, the inspection of March 2012 revealed that, in the Philippines, monitoring of education and training institutions does not ensure that programmes, methods and media of delivery are up to standard, since this monitoring appears to be carried out mainly by means of checklists targeting equipment, while the use of such equipment and the methodology and content of education and training are not adequately checked. This lack of effective and independent monitoring and rule-enforcing in education and training institutions also emerged on the occasion of the former EMSA inspections and was mirrored in the shortcomings detected at the schools’ level, relating to programmes, methods, use of equipment and the absence of equipment itself. Furthermore, the EMSA inspections and the analysis of the evidence submitted also suggest that in the Philippines there is still the possibility of conflicts of interests when the competency of candidates to STCW certificates is assessed. Although in December 2011 a new procedure has been adopted in this respect, it is not yet ensured that candidates for a certificate are examined by persons not having an interest in a positive outcome of their examinations.

| (13) | The different inspections have also revealed that, at the level of the education and training institutions, the degree of compliance can vary considerably. Some schools are well known by the European industry and in some cases under its control. As mentioned, EMSA will inspect the education and training institutions again in 2013. |
| --- | --- |

(13)

The different inspections have also revealed that, at the level of the education and training institutions, the degree of compliance can vary considerably. Some schools are well known by the European industry and in some cases under its control. As mentioned, EMSA will inspect the education and training institutions again in 2013.

| (14) | In conclusion, there is a clear constant trend in the Philippines as regards ensuring the full compliance with the requirements of the STCW Convention. However, this degree of compliance has not been achieved yet. Should this trend slow down and should full compliance with the requirements of the STCW Convention not be achieved in a reasonable time-span — also considering the time that has already elapsed since the first inspection — then, the withdrawal of EU recognition of the Philippines in relation to its training and certification system of seafarers should be fully taken into consideration. |
| --- | --- |

(14)

In conclusion, there is a clear constant trend in the Philippines as regards ensuring the full compliance with the requirements of the STCW Convention. However, this degree of compliance has not been achieved yet. Should this trend slow down and should full compliance with the requirements of the STCW Convention not be achieved in a reasonable time-span — also considering the time that has already elapsed since the first inspection — then, the withdrawal of EU recognition of the Philippines in relation to its training and certification system of seafarers should be fully taken into consideration.

| (15) | Since Directive 2008/106/EC does only allow for the recognition or withdrawal of recognition of national maritime education and training systems, and given that some individual schools in the Philippines are controlled by shipowners based in the Union, Member States should consider integrating those schools into their national education and training system. |
| --- | --- |

(15)

Since Directive 2008/106/EC does only allow for the recognition or withdrawal of recognition of national maritime education and training systems, and given that some individual schools in the Philippines are controlled by shipowners based in the Union, Member States should consider integrating those schools into their national education and training system.

| (16) | Finally, since it appears that one of the main obstacles for the Philippines to achieve STCW compliance is the lack of technical qualified human resources in charge of school-monitoring, especially at regional or local level, Member States might be willing to assist the authorities of that country in developing the needed capacity in this field, |
| --- | --- |

(16)

Finally, since it appears that one of the main obstacles for the Philippines to achieve STCW compliance is the lack of technical qualified human resources in charge of school-monitoring, especially at regional or local level, Member States might be willing to assist the authorities of that country in developing the needed capacity in this field,

HAS ADOPTED THIS COMMUNICATION:

| 1. | The Commission draws the attention of the Member States to the shortcomings mentioned in recitals 11, 12 and 13. It invites Member States involved in technical assistance to Philippines to focus their efforts on those matters. |
| --- | --- |

1.

The Commission draws the attention of the Member States to the shortcomings mentioned in recitals 11, 12 and 13. It invites Member States involved in technical assistance to Philippines to focus their efforts on those matters.

| 2. | The Commission considers that the Philippines’ system for education, training and certification of seafarers does not fully comply at this stage with the requirements of the STCW Convention. In particular, Philippines’ maritime education and training institutions are not properly monitored by the administration and the STCW requirements regarding programmes, methods and media of delivery are not effectively enforced. Equally, the Commission considers that independence of assessors in the process of certification of seafarers is not yet ensured. |
| --- | --- |

2.

The Commission considers that the Philippines’ system for education, training and certification of seafarers does not fully comply at this stage with the requirements of the STCW Convention. In particular, Philippines’ maritime education and training institutions are not properly monitored by the administration and the STCW requirements regarding programmes, methods and media of delivery are not effectively enforced. Equally, the Commission considers that independence of assessors in the process of certification of seafarers is not yet ensured.

| 3. | The Commission recognises the serious character of the efforts made by the Philippines’ government in 2011 and 2012. It also recognises that, as a result of those efforts, there has been considerable progress in the regulatory framework for certification of seafarers and in the organisation of the administration, in order to comply with the requirements of the STCW Convention. |
| --- | --- |

3.

The Commission recognises the serious character of the efforts made by the Philippines’ government in 2011 and 2012. It also recognises that, as a result of those efforts, there has been considerable progress in the regulatory framework for certification of seafarers and in the organisation of the administration, in order to comply with the requirements of the STCW Convention.

| 4. | The Commission intends to request EMSA to carry out a further inspection in the Philippines in 2013, aiming at checking the presence in the maritime education and training institutions of the equipment allegedly procured according to the documents sent in August 2011, and that such equipment is being used according to the requirement of the STCW Convention. More generally, this inspection will be aimed to verify whether the education and training practices in these institutions are in line with the requirements of the STCW Convention. The 2013 inspection will also target the administration, in order to ascertain that the shortcomings on monitoring still detected in 2012 have been addressed and that the quality standards system is being implemented. |
| --- | --- |

4.

The Commission intends to request EMSA to carry out a further inspection in the Philippines in 2013, aiming at checking the presence in the maritime education and training institutions of the equipment allegedly procured according to the documents sent in August 2011, and that such equipment is being used according to the requirement of the STCW Convention. More generally, this inspection will be aimed to verify whether the education and training practices in these institutions are in line with the requirements of the STCW Convention. The 2013 inspection will also target the administration, in order to ascertain that the shortcomings on monitoring still detected in 2012 have been addressed and that the quality standards system is being implemented.

| 5. | The present Communication is addressed to Member States and will be referred to the Committee on Safe Seas and the Prevention of Pollution from Ships. |
| --- | --- |

5.

The present Communication is addressed to Member States and will be referred to the Committee on Safe Seas and the Prevention of Pollution from Ships.

Done at Brussels, 26 November 2012.

For the Commission

Siim KALLAS

Vice-President

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(1)  OJ L 323, 3.12.2008, p. 33.

1

(2)  OJ L 136, 18.5.2001, p. 17.

2

(3)  OJ C 155, 29.6.2002, p. 11; OJ C 268, 7.11.2003, p. 7; OJ C 85, 7.4.2005, p. 8.

3

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| 27.11.2012 | EN | Official Journal of the European Union | C 367/4 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/4

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Non-opposition to a notified concentration

(Case COMP/M.6745 — SNCF/Haselsteiner Familien-Privatstiftung/Augusta Holding/Rail Holding)

(Text with EEA relevance)

2012/C 367/02

On 19 November 2012, 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 32012M6745. 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 32012M6745. 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

| 27.11.2012 | EN | Official Journal of the European Union | C 367/5 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/5

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Euro exchange rates (1)

26 November 2012

2012/C 367/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2964 |
| JPY | Japanese yen | 106,47 |
| DKK | Danish krone | 7,4580 |
| GBP | Pound sterling | 0,80995 |
| SEK | Swedish krona | 8,5763 |
| CHF | Swiss franc | 1,2046 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,3370 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,293 |
| HUF | Hungarian forint | 281,83 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6963 |
| PLN | Polish zloty | 4,1032 |
| RON | Romanian leu | 4,5276 |
| TRY | Turkish lira | 2,3270 |
| AUD | Australian dollar | 1,2416 |
| CAD | Canadian dollar | 1,2884 |
| HKD | Hong Kong dollar | 10,0472 |
| NZD | New Zealand dollar | 1,5770 |
| SGD | Singapore dollar | 1,5851 |
| KRW | South Korean won | 1 408,22 |
| ZAR | South African rand | 11,5072 |
| CNY | Chinese yuan renminbi | 8,0707 |
| HRK | Croatian kuna | 7,5625 |
| IDR | Indonesian rupiah | 12 472,66 |
| MYR | Malaysian ringgit | 3,9605 |
| PHP | Philippine peso | 53,146 |
| RUB | Russian rouble | 40,2110 |
| THB | Thai baht | 39,774 |
| BRL | Brazilian real | 2,6932 |
| MXN | Mexican peso | 16,8255 |
| INR | Indian rupee | 72,1120 |

Currency

Exchange rate

USD

US dollar

1,2964

JPY

Japanese yen

106,47

DKK

Danish krone

7,4580

GBP

Pound sterling

0,80995

SEK

Swedish krona

8,5763

CHF

Swiss franc

1,2046

ISK

Iceland króna

NOK

Norwegian krone

7,3370

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,293

HUF

Hungarian forint

281,83

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6963

PLN

Polish zloty

4,1032

RON

Romanian leu

4,5276

TRY

Turkish lira

2,3270

AUD

Australian dollar

1,2416

CAD

Canadian dollar

1,2884

HKD

Hong Kong dollar

10,0472

NZD

New Zealand dollar

1,5770

SGD

Singapore dollar

1,5851

KRW

South Korean won

1 408,22

ZAR

South African rand

11,5072

CNY

Chinese yuan renminbi

8,0707

HRK

Croatian kuna

7,5625

IDR

Indonesian rupiah

12 472,66

MYR

Malaysian ringgit

3,9605

PHP

Philippine peso

53,146

RUB

Russian rouble

40,2110

THB

Thai baht

39,774

BRL

Brazilian real

2,6932

MXN

Mexican peso

16,8255

INR

Indian rupee

72,1120

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 27.11.2012 | EN | Official Journal of the European Union | C 367/6 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/6

---

Prior notification of a concentration

(Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 367/04

| 1. | On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC, (‘Bain’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC (‘Apex’, USA) by way of acquisition of membership interests. |
| --- | --- |

1.

On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC, (‘Bain’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC (‘Apex’, USA) by way of acquisition of membership interests.

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






  — | for Bain: private equity investment, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bain: private equity investment,

| — | for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications. |
| --- | --- |

—

for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6755 — Bain Capital Investors/Apex Tool Group, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6755 — Bain Capital Investors/Apex Tool Group, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 27.11.2012 | EN | Official Journal of the European Union | C 367/7 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/7

---

Prior notification of a concentration

(Case COMP/M.6766 — Migros/Tegut)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 367/05

| 1. | On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Genossenschaft Migros Zürich (Switzerland) belonging to the Migros-group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Okay Handelsgesellschaft mbH & Co. — Tegut... Einzelhandelsunternehmen KG (Germany), Gutberlet GmbH (Germany), TGT GmbH & Co. Logistik KG (Germany) and TGT Verwaltungs- und Beteiligungs GmbH (Germany) (together ‘Tegut retail’) belonging to the Tegut...-group by way of purchase of shares. |
| --- | --- |

1.

On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Genossenschaft Migros Zürich (Switzerland) belonging to the Migros-group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Okay Handelsgesellschaft mbH & Co. — Tegut... Einzelhandelsunternehmen KG (Germany), Gutberlet GmbH (Germany), TGT GmbH & Co. Logistik KG (Germany) and TGT Verwaltungs- und Beteiligungs GmbH (Germany) (together ‘Tegut retail’) belonging to the Tegut...-group by way of purchase of shares.

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






  — | for Genossenschaft Migros Zürich: food retail in Switzerland. Moreover, the Migros-group is active in production (Food and Near-Food), wholesale, retail (Food, Near-Food and Non-Food), gastronomy, media, tourism and financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Genossenschaft Migros Zürich: food retail in Switzerland. Moreover, the Migros-group is active in production (Food and Near-Food), wholesale, retail (Food, Near-Food and Non-Food), gastronomy, media, tourism and financial services,

| — | for Tegut retail: food retail in Germany. |
| --- | --- |

—

for Tegut retail: food retail in Germany.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6766 — Migros/Tegut, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6766 — Migros/Tegut, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

OTHER ACTS

European Commission

| 27.11.2012 | EN | Official Journal of the European Union | C 367/8 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/8

---

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 367/06

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

‘STROMBERGER PFLAUME’

EC No: DE-PDO-0005-0841-03.01.2011

PGI ( ) PDO ( X )

1.   Name:

‘Stromberger Pflaume’

2.   Member State or third country:

Germany

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Group 1.6. | Fruit, vegetables and cereals, fresh or processed |
| --- | --- |

Group 1.6.

Fruit, vegetables and cereals, fresh or processed

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

Only fruit produced from damson trees in the geographical area may be referred to as ‘Stromberger Pflaume’. The damson (‘Hauszwetschge’ in German) is a very old, medium late variety of Prunus domestica subsp. domestica and is also known as a ‘Zwetsche’ or ‘Quetsche’ in Germany and as a ‘Zwetschke’ in Austria. The damson is a subspecies of plum. The plum is a member of the Rosaceae family and is a stone fruit. A damson is not as round as a plum; it is clearly pointed at the end, is a darker blue in colour, has a more noticeable seam and is easier to separate from the stone.

The fruit becomes fully ripe in the period from the end of August to mid-September, by which time it has developed an even colour. It is a longish oval-shaped fruit of medium size compared to other damson varieties. It measures at least 24 mm in diameter. The core is a flat oval of medium brown colour. The flesh is fine-grained and turgescent, of a uniform yellowish to orange colour. When the fruit is ripe, the flesh is easily separated from the stone. Each plum weighs up to 30 g. The ratio between the mass of the flesh and that of the stone is at least 3:1. Fresh, fully ripened plums have a total sugar content of at least 6 %.

The ‘Stromberger Pflaume’ is characterised by its mildly aromatic taste, with a good balance between sweetness and acidity, and by its low water content. It presents no tendency to acidity.

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 defined geographical area:

All steps of the production process, from the planting of the saplings (two-to three-year-old trees) and shape pruning during the growth phase to the harvesting of the fruit, as well as the sorting and loading of the fruit in receptacles for transport or sale, must take place in the geographical area. The ‘Stromberger Pflaume’ is mainly grown on tall-stemmed trees.

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

—

3.7.   Specific rules concerning labelling:

—

4.   Concise definition of the geographical area:

The district of Stromberg in the municipality of Oelde plus a 500-m wide zone running along the district boundary. Due to this 500-m wide zone the area includes small parts of the municipalities of Wadersloh (Warendorf district), Langenberg (Gütersloh district) and Rheda-Wiedenbrück (Gütersloh district).

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The main factors affecting the quality and aroma of the plums are the high-altitude local climate, the wet growing season, the topography of the land, especially the slope, and the quality of the soil combined with its hydrology, particularly the level of ground water. In addition, there is a very long tradition of damson growing in the production area, which has resulted in special production skills.

(a)   Soil characteristics

The production area is particularly well suited to plum growing. Broadly speaking, it is part of the North German Plain. It is located in the Münsterland Lowlands (or ‘Westphalian Lowlands’), a lowland range with individual higher areas located between the Teutoburg Forest and the northern fringe of the Rhenisch Slate Range. The Beckum Hills are in this lowland area. The growing area for the ‘Stromberger Pflaume’ is located in the eastern part of one of these higher-lying areas at an altitude of 90 m to 151 m above sea level.

The soil layers in the Beckum Hills and in the production area go down to a depth of 1,50 m to 2,00 m and predominantly overlay clay-marl stone. At some locations beneath this, we find massive rock in the form of Jura shale permeated by powerful aquifers with water which is under pressure in some places and emerges at ground level at spots with a particular soil formation. Above it there is a layer of loamy clay and marl 3 dm to 5 dm thick which is itself covered by a layer of raw, strong to heavy loam, some of it clayey and limey, 2 dm to 5 dm thick. The upper layer of 2 dm to 3 dm is composed of light sandy to strong loam containing humus. This deep and heavy soil structure keeps the moisture in the soil for a very long time even in dry years.

(b)   The climate

The Westphalian Lowlands lie in an area with a maritime climate characterised by cool summers and mild winters. The climate is essentially influenced by the North Sea and the adjoining upland areas (Teutoburg Forest, Egge Range, Sauerland). Sufficiently moist and warm masses of air are brought in by the predominantly westerly and north-westerly winds. The average precipitation is 767 mm (1976: 561 mm; 1998: 998 mm). The long-term (1961-1990) average monthly air temperatures in the Westphalian Lowlands, which open out to the Atlantic, are above freezing, around 1,5 °C in January, the coldest month of the year, rising to around 18 °C in July, the warmest month of the year.

In the growing area of Stromberg, the annual average air temperature is around 10 °C, half a degree below the Westphalian Lowlands average (10,5 °C) due to the altitude of the Beckum Hills.

(c)   Human factors

There has been a tradition of plum growing in Stromberg since about 1790. In bygone days, the hilly countryside provided farmers with ideal land for grazing and growing plum trees as ploughing on the slopes was extremely difficult. In the past, the plum trees stood in orchards and border rows; today they tend to be planted in plantations.

5.2.   Specificity of the product:

(a)   Main characteristics

Measuring at least 24 mm in diameter, the ‘Stromberger Pflaume’ is rather small compared to other damson varieties.

The plum is juicy without being watery and has a fresh sweet taste with a touch of fine mild acid. This makes the fruit ideal for eating fresh. The high sugar content and the ease with which the flesh can be separated from the stone also make the ‘Stromberger Pflaume’ ideal for further processing, be it cooking, baking, drying or flaming. Thanks to its firm consistency the ‘Stromberger Pflaume’ has excellent baking properties. It does not run when baked, and the skin does not become tough or form acids when heated. Due to its low water content in comparison to other damson varieties, the time needed for drying is considerably shorter. It owes its aroma not only to a higher content of soluble solids but also to a higher ratio of soluble solids to acids. The fruit has an even colour spread.

(b)   The product is held in high esteem

Given its aromatic taste and its suitability for processing, the ‘Stromberger Pflaume’ is well known way beyond the city limits. According to an article published in Die Glocke on 4 October 1940, up to 2 500 tonnes of plums would be sold in the Ruhr area and the Münsterland when harvests were good. When considering these figures, it should be borne in mind that Stromberg today has just 4 600 inhabitants and covers an area of approx. 23,75 km2. In 2000, a very good year, about 1 500 tonnes were harvested.

On account of the considerable interest shown in the ‘Stromberger Pflaume’, a Stromberg Plum Market was held for the first time in 2004. This has become a popular event, drawing a crowd of some 15 000 visitors to Stromberg every year. Germany’s first ‘Plum Queen’ was crowned in 2004 at the 1st Stromberg Plum Market. The history of the product bears testimony to the high esteem in which it is held and confirms that its special characteristics really do exist:

Ludwig Niedieck started the tradition of plum growing in Stromberg around 1790 (150 years before 1940: Johan Koberg, ‘Die Stromberger Zwetsche im Wandel der Zeit’ (‘Stromberg damsons down the ages’), published in Die Glocke on 4 October 1940). He was reputedly a merchant who imported a number of plum trees from the south of France and there is much evidence to support this theory. To quote an article by Elisabeth Reckmann entitled ‘Damals als die Dörröfen rauchten’ (‘Back in the days when smoke came from the drying ovens’) (local stories published in Die Glocke, 17 October 1972):

‘A few trees estimated to be 200 years old are said to have stood on the slope along a path from Bettmann’s farm to the fifth station of the cross. The sprouted seedlings were soon used in gardens and along roads and paths. The new plantings developed into a closed-up stand of trees (...).’

An article entitled ‘Stromberger gründen einen Pflaumenverein’ (‘Stromberg residents set up a plum association’) published in the Westfälische Nachrichten on 20 October 1949 tells the story of Franz Stanlein and Heinrich Hungerkötter, both of whom were born in Stromberg but whose fate had taken them to Warendorf, 25 km away. From about the end of the 19th century up until the 1930s, they would return every year by horse and cart to Stromberg to fetch Stromberg plums for themselves and for many others in Warendorf. In 1931 they even set up their own association for this purpose, the ‘Verein der Pflaumenbrüder’.

In 1818, when the small town of Stromberg had a population of 1 341, it already had 30 000 plum trees (article entitled ‘Alte Tradition mit lila Früchtchen treibt Blüten aus’ (‘An old tradition with purple fruit is beginning to blossom’), published in Die Glocke on 28 August 1992). In 1940 Stromberg was, relatively speaking, the German town with the most fruit trees (Die Glocke, 4 October 1940, ‘Die Stromberger Zwetsche im Wandel der Zeit’ (‘Stromberg damsons down the ages’).

The plum’s reputation is also confirmed by the fact that a distillery in the protected area produces a brandy, ‘Stromberger Pflaumenbrand’, and a plum liqueur from the ‘Stromberger Pflaume’, attention to which is drawn in its advertising.

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 ‘Stromberger Pflaume’ owes its quality and characteristics, including its reputation, chiefly to the geographical conditions in the production area and to natural and human factors. They are Stromberg’s ‘trade mark’, as accurately reported in the article entitled ‘Alte Tradition mit lila Früchtchen treibt Blüten aus’ (‘An old tradition with purple fruit is beginning to blossom’), published in Die Glocke on 28 August 1992. The plum's special taste and uniform colour can be attributed to the characteristics of the soil and the climate.

(a)   Geological factors

The hilly landscape and the deep humus clay soil are beneficial to plum growing in many ways. The trees are firmly and deeply rooted in the heavy soil, and thanks to the high lime and nutrient content, neutral pH value and abundance of water in the soil the trees are slowly but surely supplied with humidity and thus also with easily assimilated primary minerals. This contributes to enhancing the aroma and taste quality of the ‘Stromberger Pflaume’.

It also has an effect on the temperature, heat conductivity and heat capacity of the local soils, which heat up and cool down more slowly than other soils, thereby acting as a buffer against temperature variations. This favourably affects the microclimate.

Thanks to the slope of the land, which distinguishes the production area even from the adjoining, mainly flat land of Westphalia, and to the hydrological conditions, the relatively abundant rainfall does not result in waterlogging, which could cause the trees to die. Rather, the relatively low water permeability of the soil and the predominance of slopes accelerate the water run-off (preventing waterlogging), which has a positive effect on the fruit’s water content and the concentration of its specific aroma.

The deep and heavy soil, with its ability to retain moisture not only in humid but also in dry years, provides the roots of the plum trees with a steady water supply, ensuring, on the one hand, that the ‘Stromberger Pflaume’ does not store water and therefore has a firm consistency, and on the other hand that it remains juicy even in dry periods.

(b)   Climatic factors

The relatively abundant annual rainfall releases important minerals from the soil and makes them available to the plum trees, with the result that the fruit becomes particularly juicy.

The mild climate, especially during the colder months of the year, means that the trees grow well and blossom early in spring. Because the summer season is not particularly warm at these altitudes, the period of ripening is rather long compared to other fruit-growing areas in Westphalia or in southern Germany or southern Europe. During this long ripening period, fructose and fine fruit aromas develop as a result of exposure to sunshine and then to low night-time temperatures owing to the high altitude of the area; this gives the ‘Stromberger Pflaume’ its typical, intrinsic and particularly aromatic taste. The temperature variations between night and day, which for reasons of altitude are much larger than in other fruit-growing areas, including those in the immediate vicinity, give the ‘Stromberger Pflaume’ a deeper colour than damson produced elsewhere.

(c)   Human factors which affect the ‘Stromberger Pflaume’, its characteristics and the high esteem in which it is held

In order to present its long plum-growing tradition to the public, Stromberg has, for several years now, held a plum market whose success attests to the quality of the ‘Stromberger Pflaume’.

The production of the ‘Stromberger Pflaume’ today owes much to individual growers who, through simple but effective innovation in growing and harvesting methods, have developed a crop which is optimally adapted to the land. Not only do such innovative steps represent a successful compromise between new growing requirements on the one hand and tradition and local culture on the other; they have also helped reduce operating costs for example through plantation growing, the use of technical aids in pruning the trees or the use of modern harvesting techniques. Cultivating slopes that are difficult to access with modern machinery has proven a particular challenge, requiring slopes to be transformed into terraces and machinery to be adapted to the terrain.

Reference to publication of the specification:

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

Markenblatt Vol. 11 of 19 March 2010, Part 7a-aa, p. 4243

http://register.dpma.de/DPMAregister/geo/detail.pdfdownload/13350

---

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

---

| 27.11.2012 | EN | Official Journal of the European Union | C 367/13 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/13

---

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 367/07

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 of the date of this publication.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9

‘CHUFA DE VALENCIA’

EC No: ES-PDO-0105-0936-09.01.2012

PGI ( ) PDO ( X )

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

—

☒

Description of product

—

☒

Geographical area

—



Proof of origin

—



Method of production

—



Link

—



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 phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

☒

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 phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

3.1.   Description:

| — | The minimum specifications for the fresh tigernut tubers have been deleted.
  Reasons: fresh tubers come in a wide variety of sizes and weights. The fresh tigernut is never sold directly to the consumer, nor does it bear the PDO stamp. It is the selection process for the dried tigernuts that should ensure the minimum size. |
| --- | --- |

—

The minimum specifications for the fresh tigernut tubers have been deleted.

Reasons: fresh tubers come in a wide variety of sizes and weights. The fresh tigernut is never sold directly to the consumer, nor does it bear the PDO stamp. It is the selection process for the dried tigernuts that should ensure the minimum size.

| — | The composition in terms of weight in dry matter has been amended to read as follows: sugars: at least 11 %; fats: at least 25 %; proteins: at least 6,5 %; starch: at least 25 %; raw fibre: at least 5 %.
  Reasons: to increase the quality of ‘Chufa de Valencia’ and to adjust the ranges of values with as much information as is available.
  Starch: it has been decided to retain the lower limit but delete the upper limit, as a starch content higher than 40 % has no negative effect either on the quality of the tuber or on the quality of the tigernut milk.
  Sugars: the lower limit set in the previous regulation has been retained and the upper limit deleted, as a sugar content higher than 17,5 % does not adversely affect either the quality of the tuber or that of the products made with tigernuts as the raw material.
  Fats: the higher the fat content of the tigernut, the higher its yield will be and the higher its quality, which is why it has been decided to delete the upper limit and retain the lower limit.
  Protein: it was decided to delete the upper limit and retain the lower limit, because, far from reducing the quality of the tuber, a protein content higher than the maximum limit set gives it added value.
  Fibre: tigernuts have a significant fibre content, which is why this must be taken into account when describing the characteristics that protected tigernuts must have. |
| --- | --- |

—

The composition in terms of weight in dry matter has been amended to read as follows: sugars: at least 11 %; fats: at least 25 %; proteins: at least 6,5 %; starch: at least 25 %; raw fibre: at least 5 %.

Reasons: to increase the quality of ‘Chufa de Valencia’ and to adjust the ranges of values with as much information as is available.

Starch: it has been decided to retain the lower limit but delete the upper limit, as a starch content higher than 40 % has no negative effect either on the quality of the tuber or on the quality of the tigernut milk.

Sugars: the lower limit set in the previous regulation has been retained and the upper limit deleted, as a sugar content higher than 17,5 % does not adversely affect either the quality of the tuber or that of the products made with tigernuts as the raw material.

Fats: the higher the fat content of the tigernut, the higher its yield will be and the higher its quality, which is why it has been decided to delete the upper limit and retain the lower limit.

Protein: it was decided to delete the upper limit and retain the lower limit, because, far from reducing the quality of the tuber, a protein content higher than the maximum limit set gives it added value.

Fibre: tigernuts have a significant fibre content, which is why this must be taken into account when describing the characteristics that protected tigernuts must have.

| — | The following types of tigernuts will be protected: fresh tigernuts, dried tigernuts and selected dried tigernuts. (The terms ‘Chufa seca cosechero’ and ‘Chufa seca granza’ have been deleted.) |
| --- | --- |

—

The following types of tigernuts will be protected: fresh tigernuts, dried tigernuts and selected dried tigernuts. (The terms ‘Chufa seca cosechero’ and ‘Chufa seca granza’ have been deleted.)

| — | Reason: the deleted terms have fallen into complete disuse and are covered by the term ‘selected dried tigernuts’. |
| --- | --- |

—

Reason: the deleted terms have fallen into complete disuse and are covered by the term ‘selected dried tigernuts’.

| — | The moisture content for dried tigernuts is between 6,5 % and 12 %. (The lower moisture limit has been reduced from 7,5 % to 6,5 %.) |
| --- | --- |

—

The moisture content for dried tigernuts is between 6,5 % and 12 %. (The lower moisture limit has been reduced from 7,5 % to 6,5 %.)

| — | Reason: the quality of the tigernut is unchanged and it keeps better because it is less susceptible to attack by fungi. |
| --- | --- |

—

Reason: the quality of the tigernut is unchanged and it keeps better because it is less susceptible to attack by fungi.

| — | The minimum size of selected dried tigernuts has been changed to 3 mm. |
| --- | --- |

—

The minimum size of selected dried tigernuts has been changed to 3 mm.

| — | Reason: measurements of the size of the tubers show that, once it has reached 3 mm, a tigernut is already suitable for sale, passes through commercial sieves and has exactly the same chemical characteristics as larger tigernuts. |
| --- | --- |

—

Reason: measurements of the size of the tubers show that, once it has reached 3 mm, a tigernut is already suitable for sale, passes through commercial sieves and has exactly the same chemical characteristics as larger tigernuts.

3.2.   Geographical area:

| — | It is proposed to extend the production area to include the municipalities of Massalfassar, Museros and Emperador.
  Reason: these three villages have the same link to the cultivation of tigernuts as the other 16 villages that are already covered; they have the same soil and climate and the same knowledge and tradition with regard to this crop. |
| --- | --- |

—

It is proposed to extend the production area to include the municipalities of Massalfassar, Museros and Emperador.

Reason: these three villages have the same link to the cultivation of tigernuts as the other 16 villages that are already covered; they have the same soil and climate and the same knowledge and tradition with regard to this crop.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘CHUFA DE VALENCIA’

EC No: ES-PDO-0105-0936-09.01.2012

PGI ( ) PDO ( X )

1.   Name:

‘Chufa de Valencia’

2.   Member State or Third Country:

Spain

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.8. | Other products of Annex I to the Treaty (spices, etc.) |
| --- | --- |

Class 1.8.

Other products of Annex I to the Treaty (spices, etc.)

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

Name: ‘Chufa de Valencia’

Description: tuber of the yellow nutsedge variety (Cyperus esculentus L. var. sativus Boeck.), of various shapes and sizes, with a thin skin, suberised tissue and a high fat and sugar content.

‘Chufa de Valencia’ is the harvested, washed, dried (moisture content of between 6,5 % and 12 %) and selected (size greater than 3 mm) tigernut.

The tigernuts selected must have a typical appearance and must be sound, intact, clean and free from any blemishes which might affect their edibility or keeping quality.

Under the designation of origin, ‘Chufa de Valencia’ has the following chemical composition in terms of weight in dry matter:

| — | sugars: at least 11 %, |
| --- | --- |

—

sugars: at least 11 %,

| — | fats: at least 25 %, |
| --- | --- |

—

fats: at least 25 %,

| — | protein: at least 6,5 %, |
| --- | --- |

—

protein: at least 6,5 %,

| — | starch: at least 25 %, |
| --- | --- |

—

starch: at least 25 %,

| — | raw fibre: at least 5 %. |
| --- | --- |

—

raw fibre: at least 5 %.

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:

The specific steps in tigernut production that must take place in the identified area are as follows:

| — | planting, which takes place between March and June, and harvesting, which takes place from the end of October, |
| --- | --- |

—

planting, which takes place between March and June, and harvesting, which takes place from the end of October,

| — | washing and drying of the tigernuts, which takes place over a period of three months. The climate of the area and the know-how of the experienced farmers are key to ensuring that the artisanal drying of the product is carried out correctly and that the tubers reach the desired final composition, |
| --- | --- |

—

washing and drying of the tigernuts, which takes place over a period of three months. The climate of the area and the know-how of the experienced farmers are key to ensuring that the artisanal drying of the product is carried out correctly and that the tubers reach the desired final composition,

| — | cleaning, during which the dried tigernuts undergo a further cleaning process in order to eliminate defective tubers. Owing to the long experience of the local producers, this cleaning operation totally eliminates all tubers that do not meet the appropriate conditions, |
| --- | --- |

—

cleaning, during which the dried tigernuts undergo a further cleaning process in order to eliminate defective tubers. Owing to the long experience of the local producers, this cleaning operation totally eliminates all tubers that do not meet the appropriate conditions,

| — | sorting and classification, during which the dried and cleaned tigernuts are sorted to eliminate crop remains and tigernuts damaged by pests or other causes and then, where necessary, classified by size. These are the last steps in obtaining the final product described in Section 3.2. The producers’ knowledge of the tigernut, together with the techniques that have been developed and the means put in place, ensures that the tigernuts are sorted and classified satisfactorily to produce the final product. |
| --- | --- |

—

sorting and classification, during which the dried and cleaned tigernuts are sorted to eliminate crop remains and tigernuts damaged by pests or other causes and then, where necessary, classified by size. These are the last steps in obtaining the final product described in Section 3.2. The producers’ knowledge of the tigernut, together with the techniques that have been developed and the means put in place, ensures that the tigernuts are sorted and classified satisfactorily to produce the final product.

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

—

3.7.   Specific rules concerning labelling:

—

4.   Concise definition of the geographical area:

The production area for the protected tigernuts is in l’Horta Nord de Valencia and includes the following municipalities: Albalat dels Sorells, Alboraya, Albuixech, Alfara del Patriarca, Almàssera, Bonrepós i Mirambell, Burjassot, Emperador, Foios, Godella, Massalfassar, Meliana, Moncada, Museros, Paterna, Rocafort, Tavernes Blanques, Valencia and Vinalesa.

It is a flat area typical of the coastal sedimentary areas around the Mediterranean sea. It has a Mediterranean climate with a high relative humidity and little variation in temperature during the day, owing to its proximity to the sea.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

Natural factors

| — | Relief: flat, typical of the coastal sedimentary areas around the Mediterranean sea. |
| --- | --- |

—

Relief: flat, typical of the coastal sedimentary areas around the Mediterranean sea.

| — | Soil: well-drained and level loamy sand.
  Light, loose soils, fine sands, free from weeds. |
| --- | --- |

—

Soil: well-drained and level loamy sand.

Light, loose soils, fine sands, free from weeds.

| — | Climate: Mediterranean, with high relative humidity and little variation in temperature during the day, owing to the proximity of the sea, which acts as a heat sink.
  The high relative humidity is favourable for the crop, given the low rainfall in this region. |
| --- | --- |

—

Climate: Mediterranean, with high relative humidity and little variation in temperature during the day, owing to the proximity of the sea, which acts as a heat sink.

The high relative humidity is favourable for the crop, given the low rainfall in this region.

| — | Hydrology: area with low rainfall (approximately 400 mm per year). The production area is irrigated by a network of irrigation channels, which are sourced from the river Turia and are used during the summer. |
| --- | --- |

—

Hydrology: area with low rainfall (approximately 400 mm per year). The production area is irrigated by a network of irrigation channels, which are sourced from the river Turia and are used during the summer.

Human factors

The tigernut was brought to Spain by the Arabs in the 8th century as a delicately flavoured product and as the basis for the refreshing drink obtained by crushing the tigernuts. In the 13th century, under the influence of Islamic culture, tigernut growing spread to the Mediterranean part of what is now the Community of Valencia. In 1975, A.J. Cavanilles mentioned the existence of 15 ha of tigernuts in Alboraya and Almàssera and referred to their cultivation and consumption. Numerous studies have been published by local researchers on the tigernut, its characteristics, its microbiology and the drink obtained by crushing the tigernuts.

Tigernut growing is traditional in this area and is of great socioeconomic importance, as it is the main means of subsistence for more than 500 farmers, who have extensive expertise in managing the crop, expertise that is crucial when it comes to preparing the soil, planting, managing the crop, harvesting and drying in order to obtain a final product of the highest quality.

5.2.   Specificity of the product:

Of the chemical parameters that determine the quality of the tigernut, the fat and protein content are the main factors that differentiate the quality of Valencian tigernuts from those grown elsewhere, which have a lower fat and protein content than Valencian tigernuts. Furthermore, Valencian tigernuts have a thinner skin than those grown elsewhere. Thus, the Valencian tigernut is sweeter and more intense in flavour, has a thinner skin and is larger and more uniform in size.

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 climate of the area has a decisive impact on the germination, development and production of the tigernut and, in conjunction with the soil conditions, which are chiefly the result of the accumulation of beach sand over the years, creates the ideal environment for that development and for the size and quality of the tubers, which are sweeter and more intense in flavour, have a thinner skin and are larger and more uniform in size.

Growing this product requires high average temperatures of between 13 °C and 25 °C and the absence of frosts during the growing period so that the tuber can germinate and develop. Moreover, the high relative humidity is favourable for the crop, given the low rainfall in this region. All of these conditions are present in the area covered by the PDO, as already shown in Section 5.1.

The human factor, namely the know-how of the experienced farmers in the production area who grow the crop, also determines the quality of the product. In particular, rotation of the tigernut crop with other Mediterranean market garden products and efficient weed control, in conjunction with the other key steps in the growing process, are essential in order to obtain tigernuts of sufficient quality.

The processes that follow the harvest, in particular the slow and careful artisanal drying process, which alters the chemical composition of the tigernut tubers, give ‘Chufa de Valencia’ its unique and characteristic properties.

Reference to the publication of the specification:

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

http://www.agricultura.gva.es/pc_chufadevalencia

---

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

---

Corrigenda

| 27.11.2012 | EN | Official Journal of the European Union | C 367/18 |
| --- | --- | --- | --- |

27.11.2012

EN

Official Journal of the European Union

C 367/18

---

Corrigendum to the Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition

(
  Official Journal of the European Union C 102 A of 5 April 2012
  )

2012/C 367/08

On page 8 (species 17 Festuca rubra L.):

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| ‘Sámur | (del.)’, |
| --- | --- |

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| ‘Sámur | f: 30.6.2014’; |
| --- | --- |

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on page 9 (species 20.2 Lolium multiflorum Lam.):

Lolium multiflorum

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| ‘Ajax | f: 30.6.2014’, |
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on page 10 (species 25 Phleum pratense L.):

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on page 11 (species 42 Pisum sativum L. (partim)):

Pisum sativum

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| ‘Rif | f: 30.6.2014’; |
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on page 14 (species 59 Brassica rapa L. var. silvestris (Lam.) Briggs):

Brassica rapa

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on page 15 (species 61 Brassica napus L. (partim)):

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| ‘Sigma | f: 30.6.2014’; |
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on page 19 (species 73 Avena sativa L. (including A. byzantina K. Koch.)):

Avena sativa

A. byzantina

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on page 20 (species 75.1 Hordeum vulgare L.):

Hordeum vulgare

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read:

| ‘Skegla | f: 30.6.2013’. |
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---