# Official Journal C 163/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.163.eng |
| --- | --- |
| Official Journal
  of the European Union | C 163 |
| | |
| English edition | Information and Notices | Volume 5323 June 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.163.eng

Official Journal

of the European Union

C 163

English edition

Information and Notices

Volume 5323 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 163/01 | Non-opposition to a notified concentration (Case COMP/M.5872 — Warburg Pincus/Poundland) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 163/01

Non-opposition to a notified concentration (Case COMP/M.5872 — Warburg Pincus/Poundland) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 163/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2010/C 163/03 | Bulgarian national procedure for the allocation of limited air traffic rights | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 163/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2010/C 163/03

Bulgarian national procedure for the allocation of limited air traffic rights

3

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Council |
| 2010/C 163/04 | Public call for applications for the appointment of judges to the European Union Civil Service Tribunal | 13 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 163/05 | Prior notification of a concentration (Case COMP/M.5865 — Teva/Ratiopharm) (
  1
  ) | 15 |
| | OTHER ACTS |
| | European Commission |
| 2010/C 163/06 | 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 | 16 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Council

2010/C 163/04

Public call for applications for the appointment of judges to the European Union Civil Service Tribunal

13

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 163/05

Prior notification of a concentration (Case COMP/M.5865 — Teva/Ratiopharm) (
  1
  )

1

15

OTHER ACTS

European Commission

2010/C 163/06

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

16

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.6.2010 | EN | Official Journal of the European Union | C 163/1 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/1

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Non-opposition to a notified concentration

(Case COMP/M.5872 — Warburg Pincus/Poundland)

(Text with EEA relevance)

2010/C 163/01

On 14 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 32010M5872. 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 32010M5872. 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

| 23.6.2010 | EN | Official Journal of the European Union | C 163/2 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/2

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Euro exchange rates (1)

22 June 2010

2010/C 163/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2258 |
| JPY | Japanese yen | 111,09 |
| DKK | Danish krone | 7,4419 |
| GBP | Pound sterling | 0,83400 |
| SEK | Swedish krona | 9,5580 |
| CHF | Swiss franc | 1,3622 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,9330 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,788 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 280,43 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7084 |
| PLN | Polish zloty | 4,0601 |
| RON | Romanian leu | 4,2315 |
| TRY | Turkish lira | 1,9165 |
| AUD | Australian dollar | 1,4012 |
| CAD | Canadian dollar | 1,2533 |
| HKD | Hong Kong dollar | 9,5379 |
| NZD | New Zealand dollar | 1,7364 |
| SGD | Singapore dollar | 1,6945 |
| KRW | South Korean won | 1 449,75 |
| ZAR | South African rand | 9,2792 |
| CNY | Chinese yuan renminbi | 8,3521 |
| HRK | Croatian kuna | 7,2010 |
| IDR | Indonesian rupiah | 11 061,54 |
| MYR | Malaysian ringgit | 3,9403 |
| PHP | Philippine peso | 55,998 |
| RUB | Russian rouble | 38,0075 |
| THB | Thai baht | 39,630 |
| BRL | Brazilian real | 2,1749 |
| MXN | Mexican peso | 15,3960 |
| INR | Indian rupee | 56,7440 |

Currency

Exchange rate

USD

US dollar

1,2258

JPY

Japanese yen

111,09

DKK

Danish krone

7,4419

GBP

Pound sterling

0,83400

SEK

Swedish krona

9,5580

CHF

Swiss franc

1,3622

ISK

Iceland króna

NOK

Norwegian krone

7,9330

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,788

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

280,43

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7084

PLN

Polish zloty

4,0601

RON

Romanian leu

4,2315

TRY

Turkish lira

1,9165

AUD

Australian dollar

1,4012

CAD

Canadian dollar

1,2533

HKD

Hong Kong dollar

9,5379

NZD

New Zealand dollar

1,7364

SGD

Singapore dollar

1,6945

KRW

South Korean won

1 449,75

ZAR

South African rand

9,2792

CNY

Chinese yuan renminbi

8,3521

HRK

Croatian kuna

7,2010

IDR

Indonesian rupiah

11 061,54

MYR

Malaysian ringgit

3,9403

PHP

Philippine peso

55,998

RUB

Russian rouble

38,0075

THB

Thai baht

39,630

BRL

Brazilian real

2,1749

MXN

Mexican peso

15,3960

INR

Indian rupee

56,7440

---

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

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NOTICES FROM MEMBER STATES

| 23.6.2010 | EN | Official Journal of the European Union | C 163/3 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/3

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Bulgarian national procedure for the allocation of limited air traffic rights

2010/C 163/03

In accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries, the European Commission publishes the following national procedure for the distribution among eligible Community carriers of air traffic rights where they are limited under air service agreements with third countries.

MINISTRY OF TRANSPORT, INFORMATION TECHNOLOGIES AND COMMUNICATIONS

REGULATION No 847

of 15 January 2010

establishing a national procedure for granting Community air carriers established in the Republic of Bulgaria access to the market for air services agreed under the Republic of Bulgaria's international agreements with countries outside the European Union

CHAPTER I

GENERAL PROVISIONS

| Art. 1. | This Regulation lays down the terms and procedures for the access of Community air carriers established in the Republic of Bulgaria to the market for air services agreed under the international agreements of the Republic of Bulgaria with countries outside the European Union (third countries). |
| --- | --- |

Art. 1.

This Regulation lays down the terms and procedures for the access of Community air carriers established in the Republic of Bulgaria to the market for air services agreed under the international agreements of the Republic of Bulgaria with countries outside the European Union (third countries).

| Art. 2. | Where an international agreement with a third country provides for limitations on the number of air carriers eligible to be designated to operate an agreed service or on the use of traffic rights, such as: limitations on the frequency of operations, the capacity offered or the number of points to be operated, market access to an agreed service shall be granted after a competitive tendering procedure carried out in accordance with this Regulation. |
| --- | --- |

Art. 2.

Where an international agreement with a third country provides for limitations on the number of air carriers eligible to be designated to operate an agreed service or on the use of traffic rights, such as: limitations on the frequency of operations, the capacity offered or the number of points to be operated, market access to an agreed service shall be granted after a competitive tendering procedure carried out in accordance with this Regulation.

CHAPTER II

INFORMATION

| Art. 3. | (1) | On the websites of the Ministry of Transport, Information Technologies and Communications and the Directorate-General forCivil Aviation Administration (DG CAA) information shall be published and regularly updated on:






  1. | the Republic of Bulgaria's international agreements with third countries, agreed services, specified routes and other traffic rights; |
| --- | --- | --- | --- |

Art. 3.

(1)

On the websites of the Ministry of Transport, Information Technologies and Communications and the Directorate-General forCivil Aviation Administration (DG CAA) information shall be published and regularly updated on:

1.

the Republic of Bulgaria's international agreements with third countries, agreed services, specified routes and other traffic rights;

| 2. | the number of air carriers which may be designated under these agreements; |
| --- | --- |

2.

the number of air carriers which may be designated under these agreements;

| 3. | the number of designations made and the date of their entry into force; |
| --- | --- |

3.

the number of designations made and the date of their entry into force;

| 4. | negotiated frequencies and capacity; |
| --- | --- |

4.

negotiated frequencies and capacity;

| 5. | frequencies and capacity according to the act of designation; |
| --- | --- |

5.

frequencies and capacity according to the act of designation;

| 6. | planned bilateral negotiations between the Republic of Bulgaria and any third country; |
| --- | --- |

6.

planned bilateral negotiations between the Republic of Bulgaria and any third country;

| 7. | orders under Article 8(1), Article 18 and Article 19 within three days of their issue; |
| --- | --- |

7.

orders under Article 8(1), Article 18 and Article 19 within three days of their issue;

| 8. | a list of persons who have submitted a preliminary application for designation to operate a commercial air service or an application to take part in competitive tendering within five working days of receipt of the application; |
| --- | --- |

8.

a list of persons who have submitted a preliminary application for designation to operate a commercial air service or an application to take part in competitive tendering within five working days of receipt of the application;

| 9. | the preliminary and final reports of the committee referred to in Article 17(1) and (3); |
| --- | --- |

9.

the preliminary and final reports of the committee referred to in Article 17(1) and (3);

| 10. | court rulings on appeals against orders of the Minister for Transport, Information Technologies and Communications. |
| --- | --- |

10.

court rulings on appeals against orders of the Minister for Transport, Information Technologies and Communications.

| (2) | The Minister for Transport, Information Technologies and Communications and the Director-General of the DG CAA shall by order appoint the persons who, for a period of three years, are to be responsible for the publication of the information referred to in paragraph 1. |
| --- | --- |

(2)

The Minister for Transport, Information Technologies and Communications and the Director-General of the DG CAA shall by order appoint the persons who, for a period of three years, are to be responsible for the publication of the information referred to in paragraph 1.

CHAPTER III

GENERAL CONDITIONS FOR BEING GRANTED MARKET ACCESS

| Art. 4. | Market access to an agreed service may be granted to any Community air carrier established in the Republic of Bulgaria if:






  1. | it has a valid operating licence and air operator certificate; |
| --- | --- | --- |

Art. 4.

Market access to an agreed service may be granted to any Community air carrier established in the Republic of Bulgaria if:

1.

it has a valid operating licence and air operator certificate;

| 2. | it is not subject to an operating ban for flights in the territory of the European Community under Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC. |
| --- | --- |

2.

it is not subject to an operating ban for flights in the territory of the European Community under Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

CHAPTER IV

PRELIMINARY APPLICATION FOR DESIGNATION

| Art. 5. | (1) | Any person meeting the requirements of Article 4 may submit a preliminary application to the DG CAA for designation to operate an agreed service. |
| --- | --- | --- |

Art. 5.

(1)

Any person meeting the requirements of Article 4 may submit a preliminary application to the DG CAA for designation to operate an agreed service.

| (2) | The preliminary application must contain:






  1. | copies certified by the applicant of its operating licence and air operator certificate; |
| --- | --- | --- |

(2)

The preliminary application must contain:

1.

copies certified by the applicant of its operating licence and air operator certificate;

| 2. | proof that the person meets the requirements of Article 4; |
| --- | --- |

2.

proof that the person meets the requirements of Article 4;

| 3. | information about the designation applied for — the agreed service, specified route, hours of take-off and landing, type of aircraft, planned capacity and frequency. |
| --- | --- |

3.

information about the designation applied for — the agreed service, specified route, hours of take-off and landing, type of aircraft, planned capacity and frequency.

| Art. 6. | If the agreed service for which a preliminary application has been submitted is subject to limitations on traffic rights, the Minister for Transport, Information Technologies and Communications shall issue an order opening a competitive tendering procedure within 30 days of receipt of the preliminary application. |
| --- | --- |

Art. 6.

If the agreed service for which a preliminary application has been submitted is subject to limitations on traffic rights, the Minister for Transport, Information Technologies and Communications shall issue an order opening a competitive tendering procedure within 30 days of receipt of the preliminary application.

| Art. 7. | If the agreed service for which a preliminary application has been submitted is not subject to limitations on traffic rights, market access shall be granted without a competitive tendering procedure, in accordance with Chapter VI. |
| --- | --- |

Art. 7.

If the agreed service for which a preliminary application has been submitted is not subject to limitations on traffic rights, market access shall be granted without a competitive tendering procedure, in accordance with Chapter VI.

CHAPTER V

COMPETITIVE TENDERING PROCEDURE FOR MARKET ACCESS

| Art. 8. | (1) | The competitive tendering procedure shall be launched by order of the Minister for Transport, Information Technologies and Communications. |
| --- | --- | --- |

Art. 8.

(1)

The competitive tendering procedure shall be launched by order of the Minister for Transport, Information Technologies and Communications.

| (2) | The competitive tendering procedure shall be launched at the initiative of the Minister for Transport, Information Technologies and Communications, on a proposal from the DG CAA or under the terms of Article 6. |
| --- | --- |

(2)

The competitive tendering procedure shall be launched at the initiative of the Minister for Transport, Information Technologies and Communications, on a proposal from the DG CAA or under the terms of Article 6.

| (3) | The order shall contain at least the agreed service, the number of designations allowed, the available frequencies and/or capacity, the rules governing the procedure, the deadline for submitting applications to take part and the date, hour and venue for the opening of applications. |
| --- | --- |

(3)

The order shall contain at least the agreed service, the number of designations allowed, the available frequencies and/or capacity, the rules governing the procedure, the deadline for submitting applications to take part and the date, hour and venue for the opening of applications.

| (4) | The deadline for submitting applications to take part shall be set by the order referred to in paragraph 1 and shall be at least 45 days after the date of issue of the order. |
| --- | --- |

(4)

The deadline for submitting applications to take part shall be set by the order referred to in paragraph 1 and shall be at least 45 days after the date of issue of the order.

| (5) | When the order referred to in paragraph 1 is published on the websites of the Ministry of Transport, Information Technologies and Communications and the DG CAA, information about the competitive tendering procedure shall at the same time be published in two national daily newspapers. The information shall contain at least the agreed service for which the competitive tendering procedure is being launched, the deadline for submitting applications to take part, the date for holding the competitive tendering procedure and the websites where the order has been published. |
| --- | --- |

(5)

When the order referred to in paragraph 1 is published on the websites of the Ministry of Transport, Information Technologies and Communications and the DG CAA, information about the competitive tendering procedure shall at the same time be published in two national daily newspapers. The information shall contain at least the agreed service for which the competitive tendering procedure is being launched, the deadline for submitting applications to take part, the date for holding the competitive tendering procedure and the websites where the order has been published.

| (6) | Where the competitive tendering procedure has been launched as a result of a preliminary application under Article 5, information about the competitive tendering procedure shall also be sent to the persons who have submitted applications. |
| --- | --- |

(6)

Where the competitive tendering procedure has been launched as a result of a preliminary application under Article 5, information about the competitive tendering procedure shall also be sent to the persons who have submitted applications.

| Art. 9. | (1) | Applications to take part in the competitive tendering procedure must be submitted to the DG CAA in a sealed non-transparent envelope by the applicant itself or by its authorised representative, personally or by mail. The envelope must display the address for correspondence, telephone number and, if possible, fax number and email address, as well as the agreed service for which the application is being submitted. |
| --- | --- | --- |

Art. 9.

(1)

Applications to take part in the competitive tendering procedure must be submitted to the DG CAA in a sealed non-transparent envelope by the applicant itself or by its authorised representative, personally or by mail. The envelope must display the address for correspondence, telephone number and, if possible, fax number and email address, as well as the agreed service for which the application is being submitted.

| (2) | Upon acceptance of the application, the envelope shall be marked with a serial number, date and hour of receipt and these data shall be entered in a register. |
| --- | --- |

(2)

Upon acceptance of the application, the envelope shall be marked with a serial number, date and hour of receipt and these data shall be entered in a register.

| (3) | Applications submitted after the deadline or in a damaged envelope shall not be admitted to the competitive tendering procedure. These circumstances shall be noted in the register referred to in paragraph 2. |
| --- | --- |

(3)

Applications submitted after the deadline or in a damaged envelope shall not be admitted to the competitive tendering procedure. These circumstances shall be noted in the register referred to in paragraph 2.

| (4) | All documents must be submitted in the Bulgarian language, in the original or a copy certified by the candidate. Any documents in a foreign language shall be accompanied by a certified translation in the Bulgarian language. |
| --- | --- |

(4)

All documents must be submitted in the Bulgarian language, in the original or a copy certified by the candidate. Any documents in a foreign language shall be accompanied by a certified translation in the Bulgarian language.

| Art. 10. | (1) | Applications must indicate the agreed service, the planned capacity and frequency of the service. |
| --- | --- | --- |

Art. 10.

(1)

Applications must indicate the agreed service, the planned capacity and frequency of the service.

| (2) | The following items shall be attached to the application and form an inseparable part thereof:






  1. | copies certified by the applicant of its air operator certificate and operating licence, and detailed information about the manner of establishment — for applicants whose certificates and licences have not been issued by the DG CAA; |
| --- | --- | --- |

(2)

The following items shall be attached to the application and form an inseparable part thereof:

1.

copies certified by the applicant of its air operator certificate and operating licence, and detailed information about the manner of establishment — for applicants whose certificates and licences have not been issued by the DG CAA;

| 2. | a business plan for the development of the agreed service for 36 months from the date planned for the start of operations, including:






  (a) | a market survey of the traffic with quantitative indicators, where relevant, for: the existing traffic flows on the agreed service (direct, transit, originating in Bulgaria or in other countries); expected growth rates of these flows; existing traffic distribution by passenger types (business, tourist or other); traffic which will be generated, including a breakdown by passenger types; proposed air fares and end prices for each type of passengers; services in addition to the air transport service which the applicant intends to offer on the agreed service; the benefits (in terms of prices, quality and/or other) of the proposed services for users; the distribution of these benefits according to the origin of the traffic flows; |
| --- | --- | --- |

2.

a business plan for the development of the agreed service for 36 months from the date planned for the start of operations, including:

(a)

a market survey of the traffic with quantitative indicators, where relevant, for: the existing traffic flows on the agreed service (direct, transit, originating in Bulgaria or in other countries); expected growth rates of these flows; existing traffic distribution by passenger types (business, tourist or other); traffic which will be generated, including a breakdown by passenger types; proposed air fares and end prices for each type of passengers; services in addition to the air transport service which the applicant intends to offer on the agreed service; the benefits (in terms of prices, quality and/or other) of the proposed services for users; the distribution of these benefits according to the origin of the traffic flows;

| (b) | route, hours of take-off and landing; |
| --- | --- |

(b)

route, hours of take-off and landing;

| (c) | income and expenditure projection; |
| --- | --- |

(c)

income and expenditure projection;

| (d) | investment and information about the sources of financing for the operation of the agreed service; |
| --- | --- |

(d)

investment and information about the sources of financing for the operation of the agreed service;

| (e) | aircraft type, capacity and configuration; |
| --- | --- |

(e)

aircraft type, capacity and configuration;

| (f) | expected load factor; |
| --- | --- |

(f)

expected load factor;

| (g) | connectivity of the agreed service with other air services, if any; |
| --- | --- |

(g)

connectivity of the agreed service with other air services, if any;

| (h) | consumer access to the proposed services (ticket sales network, internet-based services); information about the CRS used, if any; |
| --- | --- |

(h)

consumer access to the proposed services (ticket sales network, internet-based services); information about the CRS used, if any;

| (i) | information about business cooperation with other air carriers, if any; |
| --- | --- |

(i)

information about business cooperation with other air carriers, if any;

| (j) | starting date and duration of the operation of the agreed service; |
| --- | --- |

(j)

starting date and duration of the operation of the agreed service;

| (k) | any other relevant information for the purposes of the evaluation. |
| --- | --- |

(k)

any other relevant information for the purposes of the evaluation.

| Art. 11. | (1) | The competitive tendering procedure shall be conducted by a committee, appointed by order of the Minister for Transport, Information Technologies and Communications, which shall consist of two representatives of the Ministry of Transport, Information Technologies and Communications and three representatives of the DG CAA. |
| --- | --- | --- |

Art. 11.

(1)

The competitive tendering procedure shall be conducted by a committee, appointed by order of the Minister for Transport, Information Technologies and Communications, which shall consist of two representatives of the Ministry of Transport, Information Technologies and Communications and three representatives of the DG CAA.

| (2) | The order shall also appoint alternate members. |
| --- | --- |

(2)

The order shall also appoint alternate members.

| (3) | The committee shall be announced after the deadline for submitting applications expires. |
| --- | --- |

(3)

The committee shall be announced after the deadline for submitting applications expires.

| (4) | Upon their appointment, the members of the committee shall declare in writing that they:






  1. | do not have any material interest in granting market access to the participating applicants; |
| --- | --- | --- |

(4)

Upon their appointment, the members of the committee shall declare in writing that they:

1.

do not have any material interest in granting market access to the participating applicants;

| 2. | are not related within the meaning of the Commerce Act to the applicants or to members of their management or control bodies; |
| --- | --- |

2.

are not related within the meaning of the Commerce Act to the applicants or to members of their management or control bodies;

| 3. | have no private interest, within the meaning of the Conflict of Interest Prevention and Disclosure Act, in the designation of a specific air carrier. |
| --- | --- |

3.

have no private interest, within the meaning of the Conflict of Interest Prevention and Disclosure Act, in the designation of a specific air carrier.

| (5) | The committee shall examine the applications and documents submitted, assess whether applicants should be admitted to the evaluation stage, evaluate and rank the applicants admitted. |
| --- | --- |

(5)

The committee shall examine the applications and documents submitted, assess whether applicants should be admitted to the evaluation stage, evaluate and rank the applicants admitted.

| Art. 12. | (1) | The committee shall begin work on the day indicated by the order opening the competitive tendering procedure and prepare a preliminary report on its work within 30 days. |
| --- | --- | --- |

Art. 12.

(1)

The committee shall begin work on the day indicated by the order opening the competitive tendering procedure and prepare a preliminary report on its work within 30 days.

| (2) | The applicants shall be notified in writing of any change in the date and hour of opening the applications. |
| --- | --- |

(2)

The applicants shall be notified in writing of any change in the date and hour of opening the applications.

| (3) | The committee shall open the envelopes in the order of their receipt and prepare a list of the documents contained therein. |
| --- | --- |

(3)

The committee shall open the envelopes in the order of their receipt and prepare a list of the documents contained therein.

| (4) | The applicants or their authorised representatives may be present during the actions of the committee referred to in paragraph 3. |
| --- | --- |

(4)

The applicants or their authorised representatives may be present during the actions of the committee referred to in paragraph 3.

| (5) | The committee shall verify the applicants’ compliance with the provisions of Article 4, as well as the compliance of the applications with the requirements of Article 10. |
| --- | --- |

(5)

The committee shall verify the applicants’ compliance with the provisions of Article 4, as well as the compliance of the applications with the requirements of Article 10.

| (6) | The committee may at any time verify the data provided by the applicants and, if necessary, demand that additional proof of the facts stated in the applications be submitted in writing within a specified time period. |
| --- | --- |

(6)

The committee may at any time verify the data provided by the applicants and, if necessary, demand that additional proof of the facts stated in the applications be submitted in writing within a specified time period.

| Art. 13. | (1) | The committee shall exclude from participation and not admit to the evaluation procedure any applicant which does not meet the requirements of Article 4 or which has failed to submit a document required by Article 10 within the time limit referred to in paragraph 2. |
| --- | --- | --- |

Art. 13.

(1)

The committee shall exclude from participation and not admit to the evaluation procedure any applicant which does not meet the requirements of Article 4 or which has failed to submit a document required by Article 10 within the time limit referred to in paragraph 2.

| (2) | If the committee finds that a document required by Article 10 has not been submitted, it shall notify the applicant and give it an opportunity to submit it no later than 10 days after the date of receipt of the notification. |
| --- | --- |

(2)

If the committee finds that a document required by Article 10 has not been submitted, it shall notify the applicant and give it an opportunity to submit it no later than 10 days after the date of receipt of the notification.

| (3) | The committee shall conduct all correspondence with the applicants in writing — notices shall be delivered in person upon signed acknowledgement or sent by registered mail with advice of delivery or by fax. |
| --- | --- |

(3)

The committee shall conduct all correspondence with the applicants in writing — notices shall be delivered in person upon signed acknowledgement or sent by registered mail with advice of delivery or by fax.

| Art. 14. | During the competitive tendering procedure applicants must immediately notify the committee of any changes in the circumstances referred to in Articles 4 and 10. |
| --- | --- |

Art. 14.

During the competitive tendering procedure applicants must immediately notify the committee of any changes in the circumstances referred to in Articles 4 and 10.

| Art. 15. | (1) | The committee shall evaluate the applicants by comparing applications and awarding up to five points for each of the following criteria:






  1. | the quality of the services proposed — route, frequencies, aircraft type and configuration, type of operations (scheduled or non-scheduled; passenger, freight or mixed; using owned/dry leased aircraft or wet leased aircraft; code-sharing; direct or indirect services), duration of the operation, continuity of the operation, connectivity of the agreed service with other air services, if any, additional services; |
| --- | --- | --- | --- |

Art. 15.

(1)

The committee shall evaluate the applicants by comparing applications and awarding up to five points for each of the following criteria:

1.

the quality of the services proposed — route, frequencies, aircraft type and configuration, type of operations (scheduled or non-scheduled; passenger, freight or mixed; using owned/dry leased aircraft or wet leased aircraft; code-sharing; direct or indirect services), duration of the operation, continuity of the operation, connectivity of the agreed service with other air services, if any, additional services;

| 2. | satisfaction of all main categories of public demand and/or market development by ensuring access to new routes or extension of existing routes; |
| --- | --- |

2.

satisfaction of all main categories of public demand and/or market development by ensuring access to new routes or extension of existing routes;

| 3. | benefits for consumers (e.g. services offered such as ticket sales and consumer access to such services); |
| --- | --- |

3.

benefits for consumers (e.g. services offered such as ticket sales and consumer access to such services);

| 4. | the quality/price ratio of the air transport service; |
| --- | --- |

4.

the quality/price ratio of the air transport service;

| 5. | the soundness of the business plan; |
| --- | --- |

5.

the soundness of the business plan;

| 6. | the promotion of competition between air carriers, including services provided by new entrants; |
| --- | --- |

6.

the promotion of competition between air carriers, including services provided by new entrants;

| 7. | economically efficient use of traffic rights; |
| --- | --- |

7.

economically efficient use of traffic rights;

| 8. | contribution to environmental protection — reducing noise levels and harmful emissions. |
| --- | --- |

8.

contribution to environmental protection — reducing noise levels and harmful emissions.

| (2) | The committee shall rank the applicants in descending order according to the total score obtained for all criteria, with the applicant receiving the most points being ranked first. |
| --- | --- |

(2)

The committee shall rank the applicants in descending order according to the total score obtained for all criteria, with the applicant receiving the most points being ranked first.

| Art. 16. | (1) | The committee’s decisions shall be adopted by a majority of its members. |
| --- | --- | --- |

Art. 16.

(1)

The committee’s decisions shall be adopted by a majority of its members.

| (2) | The committee shall prepare a report on the results of the competitive tendering procedure, which shall be signed by all members of the committee. |
| --- | --- |

(2)

The committee shall prepare a report on the results of the competitive tendering procedure, which shall be signed by all members of the committee.

| (3) | If a member of the committee opposes the decision adopted, that member shall sign the report and annex to it their opinion in writing. |
| --- | --- |

(3)

If a member of the committee opposes the decision adopted, that member shall sign the report and annex to it their opinion in writing.

| (4) | If, for objective reasons, a member of the committee is unable to perform their duties and cannot be replaced by an alternate member, the Minister for Transport, Information Technologies and Communications shall issue an order appointing a new member. |
| --- | --- |

(4)

If, for objective reasons, a member of the committee is unable to perform their duties and cannot be replaced by an alternate member, the Minister for Transport, Information Technologies and Communications shall issue an order appointing a new member.

| Art. 17. | (1) | After evaluating all submitted applications, the committee shall prepare a preliminary report, which shall be published on the official websites of the Ministry of Transport, Information Technologies and Communications and the DG CAA. |
| --- | --- | --- |

Art. 17.

(1)

After evaluating all submitted applications, the committee shall prepare a preliminary report, which shall be published on the official websites of the Ministry of Transport, Information Technologies and Communications and the DG CAA.

| (2) | The applicants shall be given one opportunity to make comments on the preliminary report no later than 20 days after its publication and to submit additional documents. The committee may request additional information relevant to the evaluation process, setting a deadline for submission which may not be more than 10 days after the date of receiving the request. |
| --- | --- |

(2)

The applicants shall be given one opportunity to make comments on the preliminary report no later than 20 days after its publication and to submit additional documents. The committee may request additional information relevant to the evaluation process, setting a deadline for submission which may not be more than 10 days after the date of receiving the request.

| (3) | The committee shall examine the comments and information submitted within one week of the expiry of the deadlines referred to in paragraph 2 and prepare a final report for submission to the Minister for Transport, Information Technologies and Communications within the three working days following its preparation. |
| --- | --- |

(3)

The committee shall examine the comments and information submitted within one week of the expiry of the deadlines referred to in paragraph 2 and prepare a final report for submission to the Minister for Transport, Information Technologies and Communications within the three working days following its preparation.

| Art. 18. | No later than five working days after receiving the committee’s reports, the Minister for Transport, Information Technologies and Communications shall, stating his grounds, issue an order announcing the ranking of the applicants and declaring the air carrier ranked in first place to be eligible for designation to operate the agreed service. |
| --- | --- |

Art. 18.

No later than five working days after receiving the committee’s reports, the Minister for Transport, Information Technologies and Communications shall, stating his grounds, issue an order announcing the ranking of the applicants and declaring the air carrier ranked in first place to be eligible for designation to operate the agreed service.

| Art. 19. | (1) | When there is only one applicant to take part in the competitive tendering procedure, the decision to grant market access shall be taken by the Minister for Transport, Information Technologies and Communications, provided the applicant meets the requirements of Article 4 and the application contains the information and documents referred to in Article 10. |
| --- | --- | --- |

Art. 19.

(1)

When there is only one applicant to take part in the competitive tendering procedure, the decision to grant market access shall be taken by the Minister for Transport, Information Technologies and Communications, provided the applicant meets the requirements of Article 4 and the application contains the information and documents referred to in Article 10.

| (2) | Compliance shall be assessed by the committee appointed by the Minister for Transport, Information Technologies and Communications under Article 11. |
| --- | --- |

(2)

Compliance shall be assessed by the committee appointed by the Minister for Transport, Information Technologies and Communications under Article 11.

| (3) | If the applicant and its application meet the requirements, the committee shall propose that the Minister for Transport, Information Technologies and Communications declare the applicant to be eligible for designation to operate the agreed service. |
| --- | --- |

(3)

If the applicant and its application meet the requirements, the committee shall propose that the Minister for Transport, Information Technologies and Communications declare the applicant to be eligible for designation to operate the agreed service.

| (4) | The Minister for Transport, Information Technologies and Communications shall issue the order referred to in paragraph 3 no later than five business days after conclusion of the committee’s work and shall take the necessary steps to designate the applicant under the terms and procedures of the relevant international agreement. |
| --- | --- |

(4)

The Minister for Transport, Information Technologies and Communications shall issue the order referred to in paragraph 3 no later than five business days after conclusion of the committee’s work and shall take the necessary steps to designate the applicant under the terms and procedures of the relevant international agreement.

| (5) | If the applicant and its application do not meet the requirements, the committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order refusing market access. |
| --- | --- |

(5)

If the applicant and its application do not meet the requirements, the committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order refusing market access.

| Art. 20. | The chairman of the committee shall notify the applicants in writing of the results of the competitive tendering procedure no later than three days after the date on which the orders referred to in Articles 18 and 19 are issued. |
| --- | --- |

Art. 20.

The chairman of the committee shall notify the applicants in writing of the results of the competitive tendering procedure no later than three days after the date on which the orders referred to in Articles 18 and 19 are issued.

| Art. 21. | (1) | The applicant ranked in first place shall be designated to operate the agreed service under the terms and procedures of the relevant international agreement. |
| --- | --- | --- |

Art. 21.

(1)

The applicant ranked in first place shall be designated to operate the agreed service under the terms and procedures of the relevant international agreement.

| (2) | No later than 10 working days after the expiry of the deadline for appeals against the order referred to in Article 18 and if no appeal has been received during this period, the Minister for Transport, Information Technologies and Communications shall take the necessary steps to initiate a procedure for designation. |
| --- | --- |

(2)

No later than 10 working days after the expiry of the deadline for appeals against the order referred to in Article 18 and if no appeal has been received during this period, the Minister for Transport, Information Technologies and Communications shall take the necessary steps to initiate a procedure for designation.

| Art. 22. | (1) | A designated air carrier which does not receive an operating authorisation from the Party to the international agreement must immediately notify the DG CAA in writing of the refusal. |
| --- | --- | --- |

Art. 22.

(1)

A designated air carrier which does not receive an operating authorisation from the Party to the international agreement must immediately notify the DG CAA in writing of the refusal.

| (2) | The Director-General of the DG CAA shall conduct correspondence with the competent authority of the Party to the international agreement in order to establish the reasons for the refusal referred to in paragraph 1. |
| --- | --- |

(2)

The Director-General of the DG CAA shall conduct correspondence with the competent authority of the Party to the international agreement in order to establish the reasons for the refusal referred to in paragraph 1.

| (3) | If the refusal to grant the operating authorisation is justified under the international agreement, the Minister for Transport, Information Technologies and Communications shall issue an order declaring the applicant next in the ranking eligible for designation to operate the agreed service and take the necessary steps for its designation. |
| --- | --- |

(3)

If the refusal to grant the operating authorisation is justified under the international agreement, the Minister for Transport, Information Technologies and Communications shall issue an order declaring the applicant next in the ranking eligible for designation to operate the agreed service and take the necessary steps for its designation.

| Art. 23. | If no application has been submitted for participation in the competitive tendering procedure or if none of the applicants meets the requirements of Article 4 or has been admitted to the evaluation stage under Article 13, the committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order terminating the competitive tendering procedure. |
| --- | --- |

Art. 23.

If no application has been submitted for participation in the competitive tendering procedure or if none of the applicants meets the requirements of Article 4 or has been admitted to the evaluation stage under Article 13, the committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order terminating the competitive tendering procedure.

CHAPTER VI

GRANTING OF MARKET ACCESS WITHOUT A COMPETITIVE TENDERING PROCEDURE

| Art. 24. | Where an international agreement with a third country does not provide for limitations on traffic rights, market access shall be granted without a competitive tendering procedure to all persons submitting applications and meeting the requirements of Article 4. |
| --- | --- |

Art. 24.

Where an international agreement with a third country does not provide for limitations on traffic rights, market access shall be granted without a competitive tendering procedure to all persons submitting applications and meeting the requirements of Article 4.

| Art. 25. | (1) | Applications for market access without a competitive tendering procedure shall be submitted to the DG CAA in a sealed non-transparent envelope by the applicant or its authorised representative, personally or by mail. The envelope must display the address for correspondence, telephone number and, if possible, a fax number and email address, as well as the agreed service for which the application is being submitted. |
| --- | --- | --- |

Art. 25.

(1)

Applications for market access without a competitive tendering procedure shall be submitted to the DG CAA in a sealed non-transparent envelope by the applicant or its authorised representative, personally or by mail. The envelope must display the address for correspondence, telephone number and, if possible, a fax number and email address, as well as the agreed service for which the application is being submitted.

| (2) | The application shall specify the agreed service, route, times of take-off and landing, aircraft type, planned capacity, frequency of operation, air fares and end prices for carriage of passengers. |
| --- | --- |

(2)

The application shall specify the agreed service, route, times of take-off and landing, aircraft type, planned capacity, frequency of operation, air fares and end prices for carriage of passengers.

| Art. 26. | Applications submitted under Article 25 shall be examined by the DG CAA no later than 15 days after they are received. |
| --- | --- |

Art. 26.

Applications submitted under Article 25 shall be examined by the DG CAA no later than 15 days after they are received.

| Art. 27. | (1) | The DG CAA shall verify the application's compliance with the requirements of Article 25 and the applicant's compliance with the provisions of Article 4. |
| --- | --- | --- |

Art. 27.

(1)

The DG CAA shall verify the application's compliance with the requirements of Article 25 and the applicant's compliance with the provisions of Article 4.

| (2) | If the application in order and the applicant meets the requirements of this Regulation, the DG CAA shall propose that the Minister for Transport, Information Technologies and Communications take the necessary steps to designate the applicant to operate the agreed service. |
| --- | --- |

(2)

If the application in order and the applicant meets the requirements of this Regulation, the DG CAA shall propose that the Minister for Transport, Information Technologies and Communications take the necessary steps to designate the applicant to operate the agreed service.

| Art. 28. | The rules of Chapter V shall apply to all issues unresolved in this Chapter. |
| --- | --- |

Art. 28.

The rules of Chapter V shall apply to all issues unresolved in this Chapter.

CHAPTER VII

RIGHTS AND OBLIGATIONS OF THE DESIGNATED AIR CARRIERS

| Art. 29. | (1) | The right of market access to the agreed service shall be acquired upon the entry into force of the decision designating the air carrier in accordance with the applicable international agreement and the Civil Aviation Act. |
| --- | --- | --- |

Art. 29.

(1)

The right of market access to the agreed service shall be acquired upon the entry into force of the decision designating the air carrier in accordance with the applicable international agreement and the Civil Aviation Act.

| (2) | The right of market access to the agreed service shall be of unlimited duration unless otherwise provided for in the designation decision and shall be neither transferable nor assignable. |
| --- | --- |

(2)

The right of market access to the agreed service shall be of unlimited duration unless otherwise provided for in the designation decision and shall be neither transferable nor assignable.

| Art. 30. | The right of market access shall be revoked upon the entry into force of the decision repealing the designation in the event of any of the circumstances referred to in Article 32 or Article 34(5). |
| --- | --- |

Art. 30.

The right of market access shall be revoked upon the entry into force of the decision repealing the designation in the event of any of the circumstances referred to in Article 32 or Article 34(5).

| Art. 31. | (1) | The designated air carrier must begin operation of the agreed service no more than six months after the entry into force of the designation decision. |
| --- | --- | --- |

Art. 31.

(1)

The designated air carrier must begin operation of the agreed service no more than six months after the entry into force of the designation decision.

| (2) | The designated air carrier may not interrupt the operation of the agreed service for more than six months. |
| --- | --- |

(2)

The designated air carrier may not interrupt the operation of the agreed service for more than six months.

| (3) | If the designated air carrier is unable to operate the agreed service for reasons beyond its control, it must notify the Minister for Transport, Information Technologies and Communications and the Director-General of the DG CAA in writing no more than seven days after the circumstances arise. |
| --- | --- |

(3)

If the designated air carrier is unable to operate the agreed service for reasons beyond its control, it must notify the Minister for Transport, Information Technologies and Communications and the Director-General of the DG CAA in writing no more than seven days after the circumstances arise.

| (4) | The designated air carrier must comply with the terms of the international agreement and the designation decision and must make rational use of the traffic rights granted. |
| --- | --- |

(4)

The designated air carrier must comply with the terms of the international agreement and the designation decision and must make rational use of the traffic rights granted.

| Art. 32. | The Director-General of the DG CAA shall, after consulting the designated air carrier, propose that the Minister for Transport, Information Technologies and Communications take the necessary steps to revoke designation in the event that the air carrier:






  1. | notifies the DG CAA that it intends to cease operating the agreed service; |
| --- | --- | --- |

Art. 32.

The Director-General of the DG CAA shall, after consulting the designated air carrier, propose that the Minister for Transport, Information Technologies and Communications take the necessary steps to revoke designation in the event that the air carrier:

1.

notifies the DG CAA that it intends to cease operating the agreed service;

| 2. | fails to start operation in the six months following its designation or interrupts the operation of the agreed service for more than six months, unless the interruption is for reasons beyond its control; |
| --- | --- |

2.

fails to start operation in the six months following its designation or interrupts the operation of the agreed service for more than six months, unless the interruption is for reasons beyond its control;

| 3. | no longer meets the requirements of Article 4, unless it has been granted a temporary licence in accordance with Article 9(1) of Regulation (EC) No 1008/2008; |
| --- | --- |

3.

no longer meets the requirements of Article 4, unless it has been granted a temporary licence in accordance with Article 9(1) of Regulation (EC) No 1008/2008;

| 4. | fails to comply with the terms of the designation decision or the international agreement. |
| --- | --- |

4.

fails to comply with the terms of the designation decision or the international agreement.

CHAPTER VIII

CONTROL

| Art. 33. | (1) | Checks on compliance with this Regulation shall be performed in accordance with Article 16b(1), points 1, 3, 4 and 13, (2), (3) and (4) of the Civil Aviation Act. |
| --- | --- | --- |

Art. 33.

(1)

Checks on compliance with this Regulation shall be performed in accordance with Article 16b(1), points 1, 3, 4 and 13, (2), (3) and (4) of the Civil Aviation Act.

| (2) | The DG CAA may at any time check designated air carriers’ compliance with the requirements of the international agreements, this Regulation and the terms of the designation decision. |
| --- | --- |

(2)

The DG CAA may at any time check designated air carriers’ compliance with the requirements of the international agreements, this Regulation and the terms of the designation decision.

| Art. 34. | (1) | Any Community air carrier established in the territory of the Republic of Bulgaria may challenge before the DG CAA the designation of another air carrier on the grounds of the latter's failure to make rational use of the traffic rights granted for operation of an agreed service which is subject to limitations on traffic rights. |
| --- | --- | --- |

Art. 34.

(1)

Any Community air carrier established in the territory of the Republic of Bulgaria may challenge before the DG CAA the designation of another air carrier on the grounds of the latter's failure to make rational use of the traffic rights granted for operation of an agreed service which is subject to limitations on traffic rights.

| (2) | Challenges shall be admissible if submitted no earlier than three years after the entry into force of the designation decision or after a previous examination. |
| --- | --- |

(2)

Challenges shall be admissible if submitted no earlier than three years after the entry into force of the designation decision or after a previous examination.

| (3) | The Minister for Transport, Information Technologies and Communications shall appoint a committee in accordance with Article 11 to examine the challenge within 30 days of its submission. |
| --- | --- |

(3)

The Minister for Transport, Information Technologies and Communications shall appoint a committee in accordance with Article 11 to examine the challenge within 30 days of its submission.

| (4) | Challenges must also contain the information required under Article 10. |
| --- | --- |

(4)

Challenges must also contain the information required under Article 10.

| (5) | The committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order opening a competitive tendering procedure under the terms of Chapter V, if it considers that the air carrier which has submitted the challenge may be able to ensure more rational use of the traffic rights than the designated air carrier. |
| --- | --- |

(5)

The committee shall propose that the Minister for Transport, Information Technologies and Communications issue an order opening a competitive tendering procedure under the terms of Chapter V, if it considers that the air carrier which has submitted the challenge may be able to ensure more rational use of the traffic rights than the designated air carrier.

| (6) | The committee shall propose that the Minister issue an order refusing to launch a competitive tendering procedure, if it considers that the air carrier which has submitted the challenge would not be able to ensure more rational use of the traffic rights than the designated air carrier. |
| --- | --- |

(6)

The committee shall propose that the Minister issue an order refusing to launch a competitive tendering procedure, if it considers that the air carrier which has submitted the challenge would not be able to ensure more rational use of the traffic rights than the designated air carrier.

| Art. 35. | The decisions of the Minister for Transport, Information Technologies and Communications and of the Director-General of the DG CAA shall be subject to appeal in accordance with the Code on Administrative Procedures. |
| --- | --- |

Art. 35.

The decisions of the Minister for Transport, Information Technologies and Communications and of the Director-General of the DG CAA shall be subject to appeal in accordance with the Code on Administrative Procedures.

Additional provision

| § 1. | For the purposes of this Regulation:






  1. | ‘business plan’ shall have the meaning defined in Article 2(12) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008), hereinafter referred to as ‘Regulation (EC) No 1008/2008’; |
| --- | --- | --- |

§ 1.

For the purposes of this Regulation:

1.

‘business plan’ shall have the meaning defined in Article 2(12) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008), hereinafter referred to as ‘Regulation (EC) No 1008/2008’;

| 2. | ‘Community air carrier’ shall have the meaning defined in Article 2(11) of Regulation (EC) No 1008/2008; |
| --- | --- |

2.

‘Community air carrier’ shall have the meaning defined in Article 2(11) of Regulation (EC) No 1008/2008;

| 3. | ‘capacity’ shall mean the number of seats which can be offered for sale on an agreed service for a specified period of time; |
| --- | --- |

3.

‘capacity’ shall mean the number of seats which can be offered for sale on an agreed service for a specified period of time;

| 4. | ‘international agreement with a third country’ shall mean a bilateral or multilateral agreement or arrangement for air services (air transport) with a third country as referred to in Article 1 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air services agreements between Member States and third countries (OJ L 157, 30.4.2004); |
| --- | --- |

4.

‘international agreement with a third country’ shall mean a bilateral or multilateral agreement or arrangement for air services (air transport) with a third country as referred to in Article 1 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air services agreements between Member States and third countries (OJ L 157, 30.4.2004);

| 5. | ‘operating licence’ shall mean any licence granted in accordance with Regulation (EC) No 1008/2008 or Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers; |
| --- | --- |

5.

‘operating licence’ shall mean any licence granted in accordance with Regulation (EC) No 1008/2008 or Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers;

| 6. | ‘point of operation’ shall mean any city/airport indicated by the Parties to an international agreement, through which the specified route of the agreed service passes; |
| --- | --- |

6.

‘point of operation’ shall mean any city/airport indicated by the Parties to an international agreement, through which the specified route of the agreed service passes;

| 7. | ‘traffic rights’ shall mean rights of access to routes, for designating air carriers, providing capacity or frequencies of operation, overflying, technical stops, positioning of aircraft, change of gauge, code-sharing, franchising, leasing of aircraft, providing intermodal services, providing passenger, freight and/or mail transportation, using freedoms of the air etc. |
| --- | --- |

7.

‘traffic rights’ shall mean rights of access to routes, for designating air carriers, providing capacity or frequencies of operation, overflying, technical stops, positioning of aircraft, change of gauge, code-sharing, franchising, leasing of aircraft, providing intermodal services, providing passenger, freight and/or mail transportation, using freedoms of the air etc.

Transitional and final provisions

| § 2. | This Regulation is issued on the basis of Article 7(3), third sentence, and Article 50(5) of the Civil Aviation Act. |
| --- | --- |

§ 2.

This Regulation is issued on the basis of Article 7(3), third sentence, and Article 50(5) of the Civil Aviation Act.

| § 3. | This Regulation lays down measures at national level for the implementation of Article 5 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air services agreements between Member States and third countries. |
| --- | --- |

§ 3.

This Regulation lays down measures at national level for the implementation of Article 5 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air services agreements between Member States and third countries.

| § 4. | Regulation No 2408 of 31 May 2005 on market access for air carriers (SG, issue 48, 10.6.2005) is hereby repealed. |
| --- | --- |

§ 4.

Regulation No 2408 of 31 May 2005 on market access for air carriers (SG, issue 48, 10.6.2005) is hereby repealed.

| § 5. | (1) | Limited traffic rights granted before the entry into force of this Regulation shall be used in accordance with the requirements of this Regulation and may be revoked on the grounds stipulated herein. |
| --- | --- | --- |

§ 5.

(1)

Limited traffic rights granted before the entry into force of this Regulation shall be used in accordance with the requirements of this Regulation and may be revoked on the grounds stipulated herein.

| (2) | With respect to designations made before the entry into force of this Regulation, the first challenge referred to in Article 34 shall be admissible if submitted no earlier than five years after the entry into force of the designation decision. |
| --- | --- |

(2)

With respect to designations made before the entry into force of this Regulation, the first challenge referred to in Article 34 shall be admissible if submitted no earlier than five years after the entry into force of the designation decision.

| § 6. | No later than seven working days after this Regulation's publication in the State Gazette the Minister for Transport, Information Technologies and Communications shall send its text to the European Commission for publication in the Official Journal of the European Union in accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air services agreements between Member States and third countries. |
| --- | --- |

§ 6.

No later than seven working days after this Regulation's publication in the State Gazette the Minister for Transport, Information Technologies and Communications shall send its text to the European Commission for publication in the Official Journal of the European Union in accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air services agreements between Member States and third countries.

Aleksandar TSVETKOV

Minister for Transport, Information Technologies and Communications

---

V Announcements

ADMINISTRATIVE PROCEDURES

Council

| 23.6.2010 | EN | Official Journal of the European Union | C 163/13 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/13

---

Public call for applications for the appointment of judges to the European Union Civil Service Tribunal

2010/C 163/04

| 1. | The Council decided, by Decision 2004/752/EC, Euratom (1), to establish the European Union Civil Service Tribunal. The Tribunal, which is attached to the General Court of the European Union and has its headquarters at the General Court, has jurisdiction at first instance in disputes between the Union and its servants referred to in Article 270 of the Treaty on the Functioning of the European Union, including disputes between all bodies or agencies and their servants in respect of which jurisdiction is conferred on the Court of Justice of the European Union. |
| --- | --- |

1.

The Council decided, by Decision 2004/752/EC, Euratom (1), to establish the European Union Civil Service Tribunal. The Tribunal, which is attached to the General Court of the European Union and has its headquarters at the General Court, has jurisdiction at first instance in disputes between the Union and its servants referred to in Article 270 of the Treaty on the Functioning of the European Union, including disputes between all bodies or agencies and their servants in respect of which jurisdiction is conferred on the Court of Justice of the European Union.

| 2. | The Civil Service Tribunal consists of seven judges, from among whom the president is chosen. The judges are appointed for a period of six years which may be renewed. The judges are appointed by the Council acting unanimously, after consulting a committee of seven persons chosen from among former members of the Court of Justice and the General Court of the European Union and lawyers of recognised competence. The committee gives its opinion on candidates’ suitability to perform the duties of judge at the Civil Service Tribunal. The committee appends to its opinion a list of the candidates having the most suitable high-level experience. The list contains the names of at least twice as many candidates as there are judges to be appointed. |
| --- | --- |

2.

The Civil Service Tribunal consists of seven judges, from among whom the president is chosen. The judges are appointed for a period of six years which may be renewed. The judges are appointed by the Council acting unanimously, after consulting a committee of seven persons chosen from among former members of the Court of Justice and the General Court of the European Union and lawyers of recognised competence. The committee gives its opinion on candidates’ suitability to perform the duties of judge at the Civil Service Tribunal. The committee appends to its opinion a list of the candidates having the most suitable high-level experience. The list contains the names of at least twice as many candidates as there are judges to be appointed.

| 3. | The terms of office and the general conditions for the performance of the duties of judge are determined by Article 5 of Annex I to the Protocol on the Statute of the Court of Justice of the European Union. The judges’ remuneration, pensions and allowances are fixed by Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance (2). |
| --- | --- |

3.

The terms of office and the general conditions for the performance of the duties of judge are determined by Article 5 of Annex I to the Protocol on the Statute of the Court of Justice of the European Union. The judges’ remuneration, pensions and allowances are fixed by Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance (2).

| 4. | As the terms of office of three judges of the Civil Service Tribunal are due to expire on 30 September 2011, a call is made for applications with a view to the appointment of three judges for the period from 1 October 2011 to 30 September 2017. |
| --- | --- |

4.

As the terms of office of three judges of the Civil Service Tribunal are due to expire on 30 September 2011, a call is made for applications with a view to the appointment of three judges for the period from 1 October 2011 to 30 September 2017.

| 5. | It is apparent from Article 257 of the Treaty on the Functioning of the European Union, read in conjunction with Article 3 of Annex I to the Protocol on the Statute of the Court of Justice of the European Union, that candidates for the position of judge must satisfy the following conditions:






  — | they must be persons whose independence is beyond doubt, |
| --- | --- | --- |

5.

It is apparent from Article 257 of the Treaty on the Functioning of the European Union, read in conjunction with Article 3 of Annex I to the Protocol on the Statute of the Court of Justice of the European Union, that candidates for the position of judge must satisfy the following conditions:

—

they must be persons whose independence is beyond doubt,

| — | they must possess the ability required for appointment to judicial office, |
| --- | --- |

—

they must possess the ability required for appointment to judicial office,

| — | they must be citizens of the Union. |
| --- | --- |

—

they must be citizens of the Union.

Candidates’ attention is drawn to the fact that, in addition to those minimum conditions, the abovementioned committee will be prompted to take into particular consideration candidates’ ability to work within a collegiate structure in a multinational, multilingual environment, and also the nature, extent and duration of their experience suitable for the duties to be performed.

| 6. | Applications must be accompanied by a curriculum vitæ and a letter setting out reasons supporting the application, and also photocopies of supporting documents.





  Applications are to be sent to the following address: |
| --- | --- |
| General Secretariat of the Council of the European Union |
| Call for applications for the Civil Service Tribunal |
| Office 20 40 GM 23 |
| Rue de la Loi 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

6.

Applications must be accompanied by a curriculum vitæ and a letter setting out reasons supporting the application, and also photocopies of supporting documents.

Applications are to be sent to the following address:

General Secretariat of the Council of the European Union

Call for applications for the Civil Service Tribunal

Office 20 40 GM 23

Rue de la Loi 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Applications are to be sent by registered letter only, by 23 July 2010 at the latest (the post-mark serving as proof).

To make it easier to process applications, applicants are kindly requested to send their curriculum vitæ and supporting letter by e-mail as well, preferably in Word format (and not using PDF format), to the following address:

cdstfp@consilium.europa.eu

Submission by e-mail does not, however, replace submission by registered letter and has no impact on the admissibility of applications.

---

(1)  OJ L 333, 9.11.2004, p. 7.

(2)  OJ L 33, 5.2.2005, p. 1.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 23.6.2010 | EN | Official Journal of the European Union | C 163/15 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/15

---

Prior notification of a concentration

(Case COMP/M.5865 — Teva/Ratiopharm)

(Text with EEA relevance)

2010/C 163/05

| 1. | On 14 June 2010, 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 Teva Pharmaceutical Industries Limited (‘Teva’, Israel) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Merckle GmbH, CT Arzneimittel GmbH and AbZ-Pharma GmbH (collectively the ‘Merckle/Ratiopharm group’ or ‘Ratiopharm’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 14 June 2010, 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 Teva Pharmaceutical Industries Limited (‘Teva’, Israel) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Merckle GmbH, CT Arzneimittel GmbH and AbZ-Pharma GmbH (collectively the ‘Merckle/Ratiopharm group’ or ‘Ratiopharm’, Germany) by way of purchase of shares.

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






  — | for Teva: the development, production and marketing of generic and proprietary pharmaceutical products as well as biopharmaceuticals and active pharmaceutical ingredients, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Teva: the development, production and marketing of generic and proprietary pharmaceutical products as well as biopharmaceuticals and active pharmaceutical ingredients,

| — | for Ratiopharm: the development, production and marketing of generic pharmaceutical products and biopharmaceuticals. |
| --- | --- |

—

for Ratiopharm: the development, production and marketing of generic pharmaceutical products and biopharmaceuticals.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5865 — Teva/Ratiopharm, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5865 — Teva/Ratiopharm, 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’).

---

OTHER ACTS

European Commission

| 23.6.2010 | EN | Official Journal of the European Union | C 163/16 |
| --- | --- | --- | --- |

23.6.2010

EN

Official Journal of the European Union

C 163/16

---

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

2010/C 163/06

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

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

Amendment application according to Article 9

‘CHIANTI CLASSICO’

EC No: IT-PDO-0105-0108-05.12.2003

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment:

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

—



Name of product

—

Image

Description of product

—



Geographical area

—

Image

Proof of origin

—

Image

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 summary 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) |

—

Image

Amendment to single document or summary sheet

—



Amendment to specification of registered PDO or PGI for which neither the single document nor summary 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 of product:

As a result of the entry into force of Regulation (EC) No 640/2008, the organoleptic values were changed and the terms ‘fruity flavour of olives’ and ‘grass/leaves’ have been removed. The new organoleptic table provides for broader ranges of intensity. Those ranges are broader than the preceding ones as a result of changes in the weather over recent years.

So far as concerns the chemical assessment, the tocopherol value is greater than 140 ppm and the oleic acid value is greater than 72 %.

The reason for an indication of total tocopherols in excess of 140 ppm instead of the 150 ppm laid down in the preceding production specification lies in the nature of the method of analysis used. The setting of a value of 150 ppm was based on the analysis of a number of samples of oil produced within the Chianti Classico area and on research carried out over ten years into the qualitative characteristics of the oil; the tocopherols used to be determined on the basis of the analysis method designed by the Istituto per le sostanze grasse di Milano (Milan Institute for Oils and Fats). Now, however, the laboratory responsible for the qualitative analysis of the oil uses a different standard in order to carry out the tocopherol analysis. The different methods give a reading which is different from the final result, albeit by a little, only because the method itself varies. Thus, the reduction of the tocopherol level to 140 ppm should be seen as an adjustment to take account of the analytical methods rather than a lowering of the actual level.

So far as regards the oleic acid value, the bad weather in some seasons has delayed the ripening of the olives with regard to the main biochemical aspects, resulting in lower values in that respect.

3.2.   Proof of origin:

This change is intended to bring the summary into line with the requirements of Regulation (EC) No 510/2006.

3.3.   Method of production:

The new temperature laid down for the extraction installations requires it not to be above 27 °C.

The change is necessary in order to make it possible to market ‘Chianti Classico’ oil as ‘cold-pressed’.

The request for the change was submitted by the Consorzio Olio DOP Chianti Classico, Via degli Scopeti 155, Località Sant’Andrea in Percussiva, San Casciano Val di Pesa (FI).

Established by a notarised document of 1 December 1989, the Consorzio Olio DOP Chianti Classico also submitted the request for registration of the name ‘Chianti Classico’. Furthermore, the Ministry has ascertained that ‘olive growers’ are a category within the association, representing two thirds of the production checked. ‘Bottlers’ and ‘millers’ are also represented as categories in the Consorzio.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘CHIANTI CLASSICO’

EC No: IT-PDO-0117-0108-05.12.2003

PDO ( X ) PGI ( )

This summary sets out the main elements of the product specification for information purposes.

1.   Responsible department in the Member State:

| Name: | Ministero delle Politiche Agricole Alimentari e Forestali |
| --- | --- |
| Address: | Via XX Settembre 20 |
| 00187 Roma RM |
| ITALIA |

Name:

Ministero delle Politiche Agricole Alimentari e Forestali

Address:

Via XX Settembre 20

00187 Roma RM

ITALIA

Tel.

+39 0646655106

Fax

+39 0646655306

E-mail:

saco7@politicheagricole.gov.it

2.   Group:

| Name: | Consorzio di tutela della denominazione di origine protetta olio extravergine di oliva «Chianti Classico» |
| --- | --- |
| Address: | Via Scopeti 155 |
| Sant’Andrea in Percussiva |
| 50026 San Casciano in Val di Pesa FI |
| ITALIA |

Name:

Consorzio di tutela della denominazione di origine protetta olio extravergine di oliva «Chianti Classico»

Address:

Via Scopeti 155

Sant’Andrea in Percussiva

50026 San Casciano in Val di Pesa FI

ITALIA

Tel.

+39 0558228511

Fax

+39 0558228173

E-mail:

oliodop@chianticlassico.com

Composition:

Producers/processors ( X ) Other ( )

3.   Type of product:

| Class 1.5 — | Extra virgin olive oil |
| --- | --- |

Class 1.5 —

Extra virgin olive oil

4.   Specification:

(summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1.   Name:

‘Chianti Classico’

4.2.   Description:

‘Chianti Classico’ extra virgin olive oil must be produced from olive from registered olives groves in a proportion of at least 80 % from the varieties Frantoio, Correggiolo, Moraiolo and Leccino, alone or together, and no more than 20 % from other local varieties.

The characteristics which the oil must have when placed on the market are the following:

| — | maximum acidity of 0,5 % (expressed as oleic acid), |
| --- | --- |

—

maximum acidity of 0,5 % (expressed as oleic acid),

| — | maximum peroxide value of 12 (meq of oxygen), |
| --- | --- |

—

maximum peroxide value of 12 (meq of oxygen),

| — | extinction in the ultraviolet at K 232 of maximum 2,1 and at K 270 of maximum 0,2, |
| --- | --- |

—

extinction in the ultraviolet at K 232 of maximum 2,1 and at K 270 of maximum 0,2,

| — | oleic acid content > 72 %, |
| --- | --- |

—

oleic acid content > 72 %,

| — | total CMPs (phenol antioxidants, method applied by the Stazione Sperimentale per le Industrie degli Oli e dei Grassi — Oils and Fats Industry Experimental Station) above 150 ppm, |
| --- | --- |

—

total CMPs (phenol antioxidants, method applied by the Stazione Sperimentale per le Industrie degli Oli e dei Grassi — Oils and Fats Industry Experimental Station) above 150 ppm,

| — | total tocopherols above 140 ppm. |
| --- | --- |

—

total tocopherols above 140 ppm.

The oil must in addition:

| — | range in colour from deep green to green with golden tones, |
| --- | --- |

—

range in colour from deep green to green with golden tones,

| — | have a distinct olive fruity aroma. |
| --- | --- |

—

have a distinct olive fruity aroma.

The entries in the profile sheet completed by the panel of assessors must be as follows:

| (a) | green fruity 3-8; |
| --- | --- |

(a)

green fruity 3-8;

| (b) | bitter 2-8; |
| --- | --- |

(b)

bitter 2-8;

| (c) | pungent 2-8. |
| --- | --- |

(c)

pungent 2-8.

4.3.   Geographical area:

The production area for ‘Chianti Classico’ oil comprises, in the Provinces of Siena and Florence, the following administrative districts: Castellina in Chianti, Gaiole in Chianti, Radda in Chianti and Greve in Chianti in respect of the whole surface area, Castelnuovo Berardenga but only up to the limits of S. Giusmé and Vagliagli, and certain parts of the municipal districts of Barberino Val d’Elsa, Poggibonsi, San Casciano in Val di Pesa and Tavarnelle Val di Pesa.

The area is the same as the production area for ‘Chianti Classico’ wine set out in the Interministerial Decree of 31 July 1932, published in GURI (Italian State Gazette) No 209 of 9 September 1932.

4.4.   Proof of origin:

Every stage in the production process must be monitored and a record made of the inputs and outputs at each stage. To that end, it is the duty of all those involved in the process to complete the requisite transport documents provided for in the control plan. The transport documents must accompany every consignment of olives and/or oil, indicate all the necessary information regarding the origin of the product as referred to in point 4.3, and be available for consultation by the inspection body for the purposes of inspections. This, together with the entry on special lists held by the inspection body of olive groves, producers, oil millers and bottlers, ensures the traceability of the product. All natural and legal persons whose names appear in the lists will be subject to control by the inspection body in accordance with the specification and the control plan.

4.5.   Method of production:

Cultivation takes place in olive groves located between isohyets of 650 mm and 850 mm and isotherms of 12,5 °C and 15 °C at an altitude of over 200 m above sea level on hilly land with a subalkaline pH. Olives grown in groves which do not satisfy these requirements or are located in places where proper cultivation cannot be guaranteed or where the environmental and soil conditions differ from those of the rest of the area may not be used in the production of ‘Chianti Classico’ oil.

The olives must be removed directly from the trees, collected, where appropriate, in nets or canvas and transported and stored in stackable boxes perforated on five sides, in layers of no more than 30 cm. Where necessary they must be kept in suitable cool, well-ventilated premises for no more than three days from the time of harvesting. They must be transported in the same boxes or in other appropriate containers to the oil mill. Bags or sacks may not be used.

Before being pressed at the oil mill the olives must be stored in premises and containers which preserve their characteristic features.

Pressing must take place within 24 hours of delivery to the oil mill, which must be located within the production area.

Once the olives have been washed in water at ambient temperature extraction of ‘Chianti Classico’ oil must take place using reliable and consistent mechanical and physical methods under which the temperature of the olive processing installation must not exceed 27 °C during treatment. These methods must in any case have been verified as suitable for not altering the typical and traditional physical, chemical and organoleptic characteristics of the product.

Producers or other entitled persons will be permitted to mix successive batches of oil obtained by pressing olives from the same holding. Within the area described at 4.3 above, producers are permitted to transfer to other producers, for mixing, batches of olives and oil which meet the requirements of the production specification. ‘Chianti Classico’ oil may not under any circumstances be mixed with other oils, including extra virgin oil, produced in areas other than that described at 4.3 above or in the same area in preceding years or from batches extracted from olives harvested after the set date of 31 December each year.

The oil produced may not exceed 650 kg/ha for olive groves with a density of not less than 200 trees.

Where the density is lower, production may not exceed 3,25 kg per tree.

‘Chianti Classico’ oil must be obtained using sound olives only, that have been cultivated in accordance with appropriate agronomic standards.

The premises and containers in which the oil is stored must be such as to ensure that it is preserved under optimum conditions.

Oil which satisfies the specification standards must be bottled within three months of notification of compliance. On the expiry of that period the oil, if it is to be bottled, must again undergo sampling.

‘Chianti Classico’ oil may be bottled up to 31 October of the year following that in which it is produced and may be placed on the market up to the following February.

The year of production of the ‘Chianti Classico’ oil must be clearly shown on the labelling.

‘Chianti Classico’ oil must be put up in the production area in glass containers of a specified volume in nominal quantities of up to five litres. Metal containers may be used for quantities of between three and five litres. Containers must be closed hermetically using a device which, upon opening, breaks the guarantee seal.

4.6.   Link:

The characteristics of the product are attributable to the special soil and weather conditions of the region. The area is fairly uniform in terms of terrain and climate with mild, dry autumns (before December, infrequent but heavy rainfall), known to be suitable for conferring on the oil its character and flavour. The early harvesting traditionally needed in order to avoid the first frosts of autumn which can harm the olives affects the quantity obtained but gives the oil the organoleptic ‘body’ for which it is renowned.

The area as a whole is at the cultivation line (isotherms 13 and 14,5) and this has an impact on the fructification cycle with the fruit being harvested at the onset of maturity and by tradition removed directly from the tree. The thermal requirements determine the shape of the trees (as a rule branching out at the top) and consequently the distribution of heat and light in the crown.

The area has specific climatic and hydrological characteristics and has been well mapped out since the fourteenth century.

‘Chianti Classico’ oil has a centuries-old tradition that has been handed down from father to son; population growth, religious rites and ceremonies requiring the use of olive oil and, not least, nutritional reasons connected with the diet of people living in the area between Siena and Florence have given a strong boost over the years to olive oil production, transforming extensive areas of woodland into olive groves and vineyards and enhancing the outstanding attractiveness of the Tuscan landscape between the cities of Siena and Florence.

The area was given more precise recognition in an edict issued by Duke Cosimo III in 1716 marking out its present boundaries in acknowledgement of the merits and distinctive features of its wine and olive production: a kind of PDO long before the term was invented. A complete theoretical and practical treatise on the olive by G. Tavanti in 1819 listed the main varieties grown in the Chianti Classico region.

Cultivation methods, the special soil and weather conditions of the area and specific knowledge and research associated with the cultivation of olive trees contribute to the production of top quality extra virgin olive oil with distinctive characteristics.

4.7.   Inspection body:

| Name: | Camera di Commercio Industria, Agricoltura e Artigianato di Firenze Servizio attività e promozione agricoltura. Ufficio certificazioni olio d’oliva e altri prodotti tipici |
| --- | --- |
| Address: | Piazza dei Giudici 3 |
| 50122 Firenze FI |
| ITALIA |

Name:

Camera di Commercio Industria, Agricoltura e Artigianato di Firenze Servizio attività e promozione agricoltura. Ufficio certificazioni olio d’oliva e altri prodotti tipici

Address:

Piazza dei Giudici 3

50122 Firenze FI

ITALIA

Tel.

+39 0552795507

Fax

+39 0552795522

E-mail:

—

4.8.   Labelling:

The labelling on containers must bear, in addition to the particulars normally required by law and trade practice, the words ‘Olio Extravergine di Oliva Chianti Classico’ followed immediately by the words ‘Denominazione di Origine Protetta’ and show clearly in indelible letters the year of production.

It is prohibited to add to the designation any description not expressly provided for in the production specification. However, marks denoting producer groups, names of holdings, estates or farms and place names referring to locations where olives are genuinely grown may be included.

The designation must be shown on the label in clear, indelible letters sufficiently intense in colour to contrast sharply with the colour of the label. The graphic characters of any additional wording may not exceed 50 % of the size of the wording of the designation.

---

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

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