# Official Journal C 52/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.052.eng |
| --- | --- |
| Official Journal
  of the European Union | C 52 |
| | |
| English edition | Information and Notices | Volume 5522 February 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.052.eng

Official Journal

of the European Union

C 52

English edition

Information and Notices

Volume 5522 February 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 052/01 | Non-opposition to a notified concentration (Case COMP/M.6474 — GE/Microsoft/JV) (
  1
  ) | 1 |
| 2012/C 052/02 | Non-opposition to a notified concentration (Case COMP/M.6436 — Volkswagen Financial Services/D'Ieteren/Volkswagen D'Ieteren Finance JV) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 052/01

Non-opposition to a notified concentration (Case COMP/M.6474 — GE/Microsoft/JV) (
  1
  )

1

1

2012/C 052/02

Non-opposition to a notified concentration (Case COMP/M.6436 — Volkswagen Financial Services/D'Ieteren/Volkswagen D'Ieteren Finance JV) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 052/03 | Euro exchange rates | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 052/03

Euro exchange rates

2

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2012/C 052/04 | Calls for proposals — ESPON 2013 programme | 3 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2012/C 052/05 | Notice of initiation of an anti-subsidy proceeding concerning imports of certain organic coated steel products originating in the People's Republic of China | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 052/06 | Prior notification of a concentration (Case COMP/M.6473 — Sun Capital/Elix) — Candidate case for simplified procedure (
  1
  ) | 13 |
| 2012/C 052/07 | Prior notification of a concentration (Case COMP/M.6452 — Nomura/HLV/DLP/DLA/DLL) — Candidate case for simplified procedure (
  1
  ) | 14 |
| 2012/C 052/08 | Prior notification of a concentration (Case COMP/M.6478 — Mitsubishi Corporation/Maxingvest/ML Participações/Paraguaçu Participações/Friele/Ipanema) — Candidate case for simplified procedure (
  1
  ) | 15 |
| 2012/C 052/09 | Re-notification of a previously notified concentration (Case COMP/M.6500 — Ravago/Barentz Europe/JV) — Candidate case for simplified procedure (
  1
  ) | 16 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 052/10 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 17 |
| 2012/C 052/11 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 22 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2012/C 052/04

Calls for proposals — ESPON 2013 programme

3

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2012/C 052/05

Notice of initiation of an anti-subsidy proceeding concerning imports of certain organic coated steel products originating in the People's Republic of China

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 052/06

Prior notification of a concentration (Case COMP/M.6473 — Sun Capital/Elix) — Candidate case for simplified procedure (
  1
  )

1

13

2012/C 052/07

Prior notification of a concentration (Case COMP/M.6452 — Nomura/HLV/DLP/DLA/DLL) — Candidate case for simplified procedure (
  1
  )

1

14

2012/C 052/08

Prior notification of a concentration (Case COMP/M.6478 — Mitsubishi Corporation/Maxingvest/ML Participações/Paraguaçu Participações/Friele/Ipanema) — Candidate case for simplified procedure (
  1
  )

1

15

2012/C 052/09

Re-notification of a previously notified concentration (Case COMP/M.6500 — Ravago/Barentz Europe/JV) — Candidate case for simplified procedure (
  1
  )

1

16

OTHER ACTS

European Commission

2012/C 052/10

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

17

2012/C 052/11

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

22

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

| 22.2.2012 | EN | Official Journal of the European Union | C 52/1 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/1

---

Non-opposition to a notified concentration

(Case COMP/M.6474 — GE/Microsoft/JV)

(Text with EEA relevance)

2012/C 52/01

On 10 February 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6474. 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 32012M6474. EUR-Lex is the on-line access to the European law.

---

| 22.2.2012 | EN | Official Journal of the European Union | C 52/1 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/1

---

Non-opposition to a notified concentration

(Case COMP/M.6436 — Volkswagen Financial Services/D'Ieteren/Volkswagen D'Ieteren Finance JV)

(Text with EEA relevance)

2012/C 52/02

On 20 December 2011, 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 32011M6436. 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 32011M6436. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.2.2012 | EN | Official Journal of the European Union | C 52/2 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/2

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Euro exchange rates (1)

21 February 2012

2012/C 52/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3222 |
| JPY | Japanese yen | 105,38 |
| DKK | Danish krone | 7,4358 |
| GBP | Pound sterling | 0,83640 |
| SEK | Swedish krona | 8,8107 |
| CHF | Swiss franc | 1,2073 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5200 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,912 |
| HUF | Hungarian forint | 288,03 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6977 |
| PLN | Polish zloty | 4,1837 |
| RON | Romanian leu | 4,3565 |
| TRY | Turkish lira | 2,3182 |
| AUD | Australian dollar | 1,2385 |
| CAD | Canadian dollar | 1,3172 |
| HKD | Hong Kong dollar | 10,2547 |
| NZD | New Zealand dollar | 1,5839 |
| SGD | Singapore dollar | 1,6613 |
| KRW | South Korean won | 1 488,88 |
| ZAR | South African rand | 10,2166 |
| CNY | Chinese yuan renminbi | 8,3258 |
| HRK | Croatian kuna | 7,5820 |
| IDR | Indonesian rupiah | 11 888,20 |
| MYR | Malaysian ringgit | 3,9997 |
| PHP | Philippine peso | 56,421 |
| RUB | Russian rouble | 39,4500 |
| THB | Thai baht | 40,671 |
| BRL | Brazilian real | 2,2670 |
| MXN | Mexican peso | 16,8286 |
| INR | Indian rupee | 65,2240 |

Currency

Exchange rate

USD

US dollar

1,3222

JPY

Japanese yen

105,38

DKK

Danish krone

7,4358

GBP

Pound sterling

0,83640

SEK

Swedish krona

8,8107

CHF

Swiss franc

1,2073

ISK

Iceland króna

NOK

Norwegian krone

7,5200

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,912

HUF

Hungarian forint

288,03

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6977

PLN

Polish zloty

4,1837

RON

Romanian leu

4,3565

TRY

Turkish lira

2,3182

AUD

Australian dollar

1,2385

CAD

Canadian dollar

1,3172

HKD

Hong Kong dollar

10,2547

NZD

New Zealand dollar

1,5839

SGD

Singapore dollar

1,6613

KRW

South Korean won

1 488,88

ZAR

South African rand

10,2166

CNY

Chinese yuan renminbi

8,3258

HRK

Croatian kuna

7,5820

IDR

Indonesian rupiah

11 888,20

MYR

Malaysian ringgit

3,9997

PHP

Philippine peso

56,421

RUB

Russian rouble

39,4500

THB

Thai baht

40,671

BRL

Brazilian real

2,2670

MXN

Mexican peso

16,8286

INR

Indian rupee

65,2240

---

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

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 22.2.2012 | EN | Official Journal of the European Union | C 52/3 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/3

---

Calls for proposals — ESPON 2013 programme

2012/C 52/04

In the framework of the ESPON 2013 programme, calls for proposals will open on 18 April 2012.

An Info Day and Partner Café for potential beneficiaries will take place on 10 May 2012 in Brussels.

Please visit http://www.espon.eu regularly for further information.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 22.2.2012 | EN | Official Journal of the European Union | C 52/4 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/4

---

Notice of initiation of an anti-subsidy proceeding concerning imports of certain organic coated steel products originating in the People's Republic of China

2012/C 52/05

The European Commission (‘the Commission’) has received a complaint pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain organic coated steel products, originating in the People’s Republic of China, are being subsidised and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 9 January 2012 by Eurofer (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 70 %, of the total Union production of certain organic coated steel products.

2.   Product under investigation

The product subject to this investigation is certain organic coated steel products, i.e. flat-rolled products of non-alloy and alloy steel (not including stainless steel) which are painted, varnished or coated with plastics on at least one side, excluding so-called ‘sandwich panels’ of a kind used for building applications and consisting of two outer metal sheets with a stabilising core of insulation material sandwiched between them, and excluding those with a final coating of zinc-dust (a zinc-rich paint containing by weight 70 % or more of zinc) (‘the product under investigation’).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within CN codes ex 7210 70 80, ex 7212 40 80, ex 7225 99 00, ex 7226 99 70. These CN codes are given for information only.

The complainant alleges that the producers of the product under investigation originating in the country concerned have benefited from a number of subsidies granted by the Government of the People's Republic of China.

The complainant further alleges that the subsidies consist, inter alia, in exemptions from income and other direct taxes (e.g. income tax credit for the purchase of domestically manufactured production equipment, preferential tax policies for high and new technology enterprises, tax policies for the deduction of R&D expenses, income tax concessions for enterprises engaged in comprehensive resource utilisation, tax credit concerning the purchase of special equipment, preferential income tax policy and local tax discounts for enterprises located in specific regions, income tax exemption for investment in domestic technological renovation, dividend exemption between qualified resident enterprises), indirect tax and tariff exemptions (e.g. VAT deduction on fixed assets), preferential loans and interest rate subsidies (e.g. policy loans, loans and interest forgiveness, intra-group financial guarantees), equity programmes (e.g. debt for equity swaps, equity infusions, unpaid dividends), government provision of goods for less than adequate remuneration (e.g. provision of land use rights, water, electricity, inputs), purchase of goods by the government above the market prices, preferential tax rates for foreign invested enterprises (e.g. income tax exemptions or reductions under the two free/three half programme, local income tax exemptions or reductions, tax concessions, VAT refunds for purchasing domestically-produced equipment, import duty and VAT exemptions for foreign invested enterprises and certain domestic enterprises using imported equipment in encouraged industries), grant programmes (e.g. ‘China World Top Brand’ programme, ‘Famous Brands’ programmes of Chongqing, Hubei Province, Ma'anshan, Shandong Province and Wuhan) as well as of regional programmes benefiting the steel industry (e.g. granted by the regional governments of Tianjin, North East region, Jiangsu Province, Hebei Province).

The complainant also alleges that the above schemes are subsidies since they involve a financial contribution from the Government of the People’s Republic of China or other regional governments (including public bodies) and confer a benefit to the recipients, i.e. to the exporting producers of the product under investigation. They are alleged to be contingent upon the use of domestic over imported goods and/or limited to certain enterprises or groups of enterprises and/or products and/or regions, and therefore specific and countervailable.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 10 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being subsidised and whether these subsidised imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Procedure for the determination of subsidisation

Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the country concerned

(a)   Sampling

In view of the potentially large number of exporting producers in the country concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with information on their company(ies) requested in Annex A to this notice.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of the country concerned.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

The questionnaire will contain information on, inter alia, the structure of the exporting producer’s company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

Companies that had agreed to their possible inclusion in the sample but were not selected to be in the sample shall be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to Section (b) below, the countervailing duty that may be applied to imports from the non-sampled cooperating exporting producers will not exceed the weighted average margin of subsidisation established for the exporting producers in the sample (3).

(b)   Individual subsidy margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 27(3) of the basic Regulation, that the Commission establish their individual subsidy margins (‘individual subsidy margin’). The exporting producers wishing to claim an individual subsidy margin must request a questionnaire and other applicable claim forms and return them duly completed within the deadlines specified in the following sentence. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual subsidy margin should be aware that the Commission may nonetheless decide not to determine their individual subsidy margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Investigating unrelated importers
   (4)
   (5)

Unrelated importers of the product under investigation from the country concerned to the Union are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex B to this notice.

In order to obtain the information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.   
  Procedure for the determination of injury and investigating Union producers

A determination of injury (6) is based on positive evidence and involves an objective examination of the volume of the subsidised imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the set time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

5.3.   
  Procedure for the assessment of Union interest

Should the existence of subsidisation and injury caused thereby be established, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether the adoption of countervailing measures would be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  Other written submissions

Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Interested parties are required to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 28(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22981697 |
| E-mail: TRADE-OCS-SUBSIDY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22981697

E-mail: TRADE-OCS-SUBSIDY@ec.europa.eu

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among others, to subsidisation, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on Trade DG's website (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

8.   Schedule of the investigation

The investigation will be concluded, according to Article 11(9) of the basic Regulation, within 13 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 12(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

---

(1)  OJ L 188, 18.7.2009, p. 93.

(2)  An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.

(3)  Pursuant to Article 15(3) of the basic Regulation, any zero and de minimis amounts of countervailable subsidies and amounts of countervailable subsidies established in the circumstances referred to in Article 28 of the basic Regulation shall be disregarded.

(4)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 3 from Annex B.

(5)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of subsidisation.

(6)  Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry.

(7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(8)  OJ L 8, 12.1.2001, p. 1.

---

ANNEX A

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ANNEX B

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.2.2012 | EN | Official Journal of the European Union | C 52/13 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/13

---

Prior notification of a concentration

(Case COMP/M.6473 — Sun Capital/Elix)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 52/06

| 1. | On 10 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sun Capital Partners V, LP (‘Sun Capital Fund’, USA), ultimately controlled by Sun Capital Partners, Inc, indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control over Elix Polymers SL (‘Elix’, Spain), by way of a purchase of shares. |
| --- | --- |

1.

On 10 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sun Capital Partners V, LP (‘Sun Capital Fund’, USA), ultimately controlled by Sun Capital Partners, Inc, indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control over Elix Polymers SL (‘Elix’, Spain), by way of a purchase of shares.

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






  — | For Sun Capital: private equity investment firm; and, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

For Sun Capital: private equity investment firm; and,

| — | For Elix: producer of acrylonitrile-butadiene-styrene and styrene-acrylonitrile. |
| --- | --- |

—

For Elix: producer of acrylonitrile-butadiene-styrene and styrene-acrylonitrile.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6473 — Sun Capital/Elix, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6473 — Sun Capital/Elix, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

| 22.2.2012 | EN | Official Journal of the European Union | C 52/14 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/14

---

Prior notification of a concentration

(Case COMP/M.6452 — Nomura/HLV/DLP/DLA/DLL)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 52/07

| 1. | On 10 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which NIH (Guernsey) Limited (‘NIH’, Guernsey), controlled by Nomura Holdings, Inc. (‘Nomura’, Japan), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Hamburger Lebensversicherung Aktiengesellschaft (‘HLV’, Germany), Delta Lloyd Pensionskasse Aktiengesellschaft (‘DLP’, Germany), Delta Lloyd Anlagemanagement GmbH (‘DLA’, Germany), and Delta Lloyd Lebensversicherung Aktiengesellschaft (‘DLL’, Germany), by way of purchase of shares. |
| --- | --- |

1.

On 10 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which NIH (Guernsey) Limited (‘NIH’, Guernsey), controlled by Nomura Holdings, Inc. (‘Nomura’, Japan), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Hamburger Lebensversicherung Aktiengesellschaft (‘HLV’, Germany), Delta Lloyd Pensionskasse Aktiengesellschaft (‘DLP’, Germany), Delta Lloyd Anlagemanagement GmbH (‘DLA’, Germany), and Delta Lloyd Lebensversicherung Aktiengesellschaft (‘DLL’, Germany), by way of purchase of shares.

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






  — | NIH: a recently established holding company, incorporated under the laws of Guernsey, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

NIH: a recently established holding company, incorporated under the laws of Guernsey,

| — | Nomura: a group of companies active in the financial instruments business, banking and trust business, insurance business, other financial services and related businesses as well as research in connection with the economy, financial or capital markets or infrastructure, |
| --- | --- |

—

Nomura: a group of companies active in the financial instruments business, banking and trust business, insurance business, other financial services and related businesses as well as research in connection with the economy, financial or capital markets or infrastructure,

| — | HLV: life insurance, |
| --- | --- |

—

HLV: life insurance,

| — | DLP: life insurance business, pension products only, |
| --- | --- |

—

DLP: life insurance business, pension products only,

| — | DLA: asset management, |
| --- | --- |

—

DLA: asset management,

| — | DLL: life insurance. |
| --- | --- |

—

DLL: life insurance.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6452 — Nomura/HLV/DLP/DLA/DLL, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6452 — Nomura/HLV/DLP/DLA/DLL, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

| 22.2.2012 | EN | Official Journal of the European Union | C 52/15 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/15

---

Prior notification of a concentration

(Case COMP/M.6478 — Mitsubishi Corporation/Maxingvest/ML Participações/Paraguaçu Participações/Friele/Ipanema)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 52/08

| 1. | On 13 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mitsubishi Corporation (‘MC’, Japan), Tchibo (Austria) Holdings GmbH (‘Tchibo Austria’, Austria) controlled by Maxingvest ag (‘Maxingvest’, Germany), ML Participações S/A (‘ML’, Brazil), Paraguaçu Participações Ltda (‘PP’, Brazil) and Friele Brazil AS (‘Friele’), ultimately controlled by the Friele family (Norway), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Ipanema Agricola S/A and Ipanema Comercial e Exportadora S/A (together, ‘Ipanema’, Brazil) by way of purchase of shares. |
| --- | --- |

1.

On 13 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mitsubishi Corporation (‘MC’, Japan), Tchibo (Austria) Holdings GmbH (‘Tchibo Austria’, Austria) controlled by Maxingvest ag (‘Maxingvest’, Germany), ML Participações S/A (‘ML’, Brazil), Paraguaçu Participações Ltda (‘PP’, Brazil) and Friele Brazil AS (‘Friele’), ultimately controlled by the Friele family (Norway), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Ipanema Agricola S/A and Ipanema Comercial e Exportadora S/A (together, ‘Ipanema’, Brazil) by way of purchase of shares.

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






  — | for MC: general trading activities in various industries including energy, metals, machinery, chemicals, food and general merchandise, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for MC: general trading activities in various industries including energy, metals, machinery, chemicals, food and general merchandise,

| — | for Tchibo Austria: manufacture and distribution of roasted coffee, other coffee products, and a range of other non-food consumer goods and services. Tchibo Austria is a subsidiary of Maxingvest, a company which is mainly active in the supply of consumer goods and services, |
| --- | --- |

—

for Tchibo Austria: manufacture and distribution of roasted coffee, other coffee products, and a range of other non-food consumer goods and services. Tchibo Austria is a subsidiary of Maxingvest, a company which is mainly active in the supply of consumer goods and services,

| — | for ML: investment vehicle for individuals, for the purpose of investment in Ipanema, |
| --- | --- |

—

for ML: investment vehicle for individuals, for the purpose of investment in Ipanema,

| — | for PP: investment vehicle for individuals, for the purpose of investment in Ipanema, |
| --- | --- |

—

for PP: investment vehicle for individuals, for the purpose of investment in Ipanema,

| — | for Friele: investment vehicle for Frico Invest AS, for the purpose of investment in Ipanema, and, |
| --- | --- |

—

for Friele: investment vehicle for Frico Invest AS, for the purpose of investment in Ipanema, and,

| — | for Ipanema: the growing, processing, producing, marketing and selling of green coffee beans and roasted coffee. |
| --- | --- |

—

for Ipanema: the growing, processing, producing, marketing and selling of green coffee beans and roasted coffee.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6478 — Mitsubishi Corporation/Maxingvest/ML Participações/Paraguaçu Participações/Friele/Ipanema, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6478 — Mitsubishi Corporation/Maxingvest/ML Participações/Paraguaçu Participações/Friele/Ipanema, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

| 22.2.2012 | EN | Official Journal of the European Union | C 52/16 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/16

---

Re-notification of a previously notified concentration

(Case COMP/M.6500 — Ravago/Barentz Europe/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 52/09

| 1. | On 19 January 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Barentz Europe (‘Barentz’, the Netherlands) and Ravago SA (‘Ravago’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Barentz Ravago Chemical Specialist SA (‘the JV’, Luxembourg) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 19 January 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Barentz Europe (‘Barentz’, the Netherlands) and Ravago SA (‘Ravago’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Barentz Ravago Chemical Specialist SA (‘the JV’, Luxembourg) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | This notification was declared incomplete on 26 January 2012. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of Council Regulation (EC) No 139/2004 on 15 February 2012. |
| --- | --- |

2.

This notification was declared incomplete on 26 January 2012. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of Council Regulation (EC) No 139/2004 on 15 February 2012.

| 3. | The business activities of the undertakings concerned are:






  — | for Barentz: distribution of ingredients and additives for the food, pharmaceutical and cosmetics, chemical and animal nutrition industries, |
| --- | --- | --- |

3.

The business activities of the undertakings concerned are:

—

for Barentz: distribution of ingredients and additives for the food, pharmaceutical and cosmetics, chemical and animal nutrition industries,

| — | for Ravago: distribution, resale, compounding and recycling services for plastic and elastomeric raw materials, |
| --- | --- |

—

for Ravago: distribution, resale, compounding and recycling services for plastic and elastomeric raw materials,

| — | for the JV: chemical distribution. |
| --- | --- |

—

for the JV: chemical distribution.

| 4. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

4.

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

| 5. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6500 — Ravago/Barentz Europe/JV, to the following address:





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

5.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6500 — Ravago/Barentz Europe/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

OTHER ACTS

European Commission

| 22.2.2012 | EN | Official Journal of the European Union | C 52/17 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/17

---

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

2012/C 52/10

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

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘CILIEGIA DI VIGNOLA’

EC No: IT-PGI-0005-0858-21.02.2011

PGI ( X ) PDO ( )

1.   Name:

‘Ciliegia di Vignola’

2.   Member State or third country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

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

Class 1.6 —

Fruit, vegetables and cereals, fresh or processed

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

For the production of ‘Ciliegia di Vignola’, the following varieties are used:

| — | early: Bigarreau Moreau, Mora di Vignola, |
| --- | --- |

—

early: Bigarreau Moreau, Mora di Vignola,

| — | medium: Durone dell’Anella, Anellone, Giorgia, Durone Nero I, Samba, Van, |
| --- | --- |

—

medium: Durone dell’Anella, Anellone, Giorgia, Durone Nero I, Samba, Van,

| — | late: Durone Nero II, Durone della Marca, Lapins, Ferrovia, Sweet Heart. |
| --- | --- |

—

late: Durone Nero II, Durone della Marca, Lapins, Ferrovia, Sweet Heart.

The ‘Ciliegia di Vignola’ must have the following quality characteristics:

| — | consistent and crunchy pulp, with the exception of the Mora di Vignola, |
| --- | --- |

—

consistent and crunchy pulp, with the exception of the Mora di Vignola,

| — | permanently shiny skin; the Durone della Marca variety is yellow and bright red; the colour of the other varieties ranges from bright red to dark red, |
| --- | --- |

—

permanently shiny skin; the Durone della Marca variety is yellow and bright red; the colour of the other varieties ranges from bright red to dark red,

| — | sweet and fruity flavour, |
| --- | --- |

—

sweet and fruity flavour,

| — | at least 10 degrees Brix for the early varieties and 12 degrees for all the others, |
| --- | --- |

—

at least 10 degrees Brix for the early varieties and 12 degrees for all the others,

| — | acidity between 5 g/l and 10 g/l of malic acid. |
| --- | --- |

—

acidity between 5 g/l and 10 g/l of malic acid.

The minimum sizes of the various varietal types are as follows:

| | 20 mm: Mora di Vignola; |
| --- | --- |

20 mm: Mora di Vignola;

| | 21 mm: Durone dell’Anella, Giorgia, Durone Nero II, Durone della Marca, Sweet Heart; |
| --- | --- |

21 mm: Durone dell’Anella, Giorgia, Durone Nero II, Durone della Marca, Sweet Heart;

| | 22 mm: Bigarreau Moreau, Lapins, Van; |
| --- | --- |

22 mm: Bigarreau Moreau, Lapins, Van;

| | 23 mm: Durone Nero I, Anellone, Samba, Ferrovia. |
| --- | --- |

23 mm: Durone Nero I, Anellone, Samba, Ferrovia.

When they are released for consumption, the fruit must be:

| — | whole and undamaged, |
| --- | --- |

—

whole and undamaged,

| — | with stalks attached, |
| --- | --- |

—

with stalks attached,

| — | clean, free of any visible foreign matter, |
| --- | --- |

—

clean, free of any visible foreign matter,

| — | healthy, free of rot and visible pesticide residues, |
| --- | --- |

—

healthy, free of rot and visible pesticide residues,

| — | free of pests. |
| --- | --- |

—

free of pests.

3.3.   Raw materials (for processed products only):

—

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

—

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

All the stages of producing the ‘Ciliegia di Vignola’ up to the harvesting of the product must be carried out exclusively within the geographical area identified in point 4.

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

The ‘Ciliegia di Vignola’ is released on the market in the following packages, sealed in such a way that the packaging cannot be reused once opened:

| — | 5 kg cardboard, wood or plastic crates divided into two by cardboard separators positioned perpendicularly to the longest side, |
| --- | --- |

—

5 kg cardboard, wood or plastic crates divided into two by cardboard separators positioned perpendicularly to the longest side,

| — | 40 × 60 cardboard, wood or plastic crates containing between 10 and 12 trays, holding 5 kg or 6 kg in total, |
| --- | --- |

—

40 × 60 cardboard, wood or plastic crates containing between 10 and 12 trays, holding 5 kg or 6 kg in total,

| — | 30 × 40 cardboard, wood or plastic crates containing 6 trays of 500 g, holding 3 kg in total, |
| --- | --- |

—

30 × 40 cardboard, wood or plastic crates containing 6 trays of 500 g, holding 3 kg in total,

| — | cardboard packaging holding 1 200 g, 2 000 g or 2 500 g, |
| --- | --- |

—

cardboard packaging holding 1 200 g, 2 000 g or 2 500 g,

| — | breathable polymeric film bags holding 250 g, 500 g or 1 000 g. |
| --- | --- |

—

breathable polymeric film bags holding 250 g, 500 g or 1 000 g.

The contents of each package must be uniform and contain only cherries of the same quality and variety; the size categories are as follows:

| — | 20 mm to 24 mm, |
| --- | --- |

—

20 mm to 24 mm,

| — | 24 mm to 28 mm, |
| --- | --- |

—

24 mm to 28 mm,

| — | more than 28 mm. |
| --- | --- |

—

more than 28 mm.

The ‘Ciliegia di Vignola’ is prepared for packaging and packaged immediately after harvesting, directly on the farm or at the cooperatives in the production area. This allows the product to reach the market and the consumer quickly and without further handling.

The packaging of the ‘Ciliegia di Vignola’, i.e. the proper preparation of the product for packaging and its placing in the appropriate packages, must be performed in the area of origin to guarantee the quality characteristics of the fruit, including its freshness and intactness, and to avoid repeated handling and transport operations damaging or bruising the epicarp, causing the product to rot and rendering it unfit for sale.

The product may be kept in cold storage provided that the temperature does not descend below – 0,5 °C and the relative humidity does not exceed 90 %. In order to conserve the freshness of the ‘Ciliegia di Vignola’, the fruit may be kept in cold storage for a maximum of four weeks.

3.7.   Specific rules concerning labelling:

The label of the ‘Ciliegia di Vignola’ PGI is as follows:

Image

This label must appear on the packaging in which the product is sold, together with the European symbol for protected geographical indications.

The size of the label may vary according to the packaging, but the proportions of the standard dimensions must be maintained.

4.   Concise definition of the geographical area:

The production area of the ‘Ciliegia di Vignola’ is a strip of land formed by the foothills along a stretch of the Panaro river and other smaller watercourses. The area is located between 30 and 950 metres above sea level and includes the territory of the following municipalities in the provinces of Modena and Bologna:

Province of Modena: Castelfranco Emilia, Castelnuovo Rangone, Castelvetro di Modena, Guiglia, Lama Mocogno, Marano sul Panaro, Modena, Montese, Pavullo nel Frignano, San Cesario sul Panaro, Savignano sul Panaro, Serramazzoni, Spilamberto, Vignola, Zocca.

Province of Bologna: Bazzano, Casalecchio di Reno, Castel d’Aiano, Castello di Serravalle, Crespellano, Gaggio Montano, Marzabotto, Monte S. Pietro, Monteveglio, Sasso Marconi, Savigno, Vergato, Zola Predosa.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The production area is characterised by foothills along a stretch of the Panaro river and other smaller watercourses on a strip of land which, for reasons of climate combined with specific pedological characteristics, is especially conducive to cherry growing. The climate is cool and barely continental, with abundant spring rain and summers which are never too dry. The amount of sunlight exposure is not too high.

The soils, of alluvial origin, are generally loose, well drained and fresh, and are rendered particularly fertile by the sediments transported during flooding by the Panaro river and other smaller watercourses.

The production area of the cherries ranges from 30 to 950 metres above sea level. Cherry trees are not grown outside the identified geographical area. Cherry growing in the adjacent areas was judged to be economically unviable and was abandoned some time ago because the production levels and the quality of the product were much lower than those within the identified geographical area. Besides the specific soil and climatic conditions in the area and the special microclimate described above, other factors that contribute to the quality of the ‘Ciliegia di Vignola’ are the knowledge and skills of the producers. These have been handed down from father to son over generations and consist in techniques relating to crop production, harvesting and packaging of the product, carried out exclusively by hand. This makes it possible to offer consumers a product with excellent commercial properties.

5.2.   Specificity of the product:

The size of ‘Ciliegia di Vignola’ cherries is bigger than that laid down in marketing standards and can exceed 28 mm. As a result, as shown in market surveys and studies carried out by specialised companies at markets in Turin, Milan and Hamburg, the price of the ‘Ciliegia di Vignola’ is almost always higher than that of its direct competitors, and most consumers recognise the name Vignola as that of the cherry-growing area par excellence.

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

The cherry tree is a species that favours cool locations and neutral or subacidic soils. As both of these conditions are met in the production area of the ‘Ciliegia di Vignola’, the species has had an ideal environment to spread and establish itself.

The characteristics of the soils in the geographical area where the ‘Ciliegia di Vignola’ is produced are such that the cherry tree has thrived there.

The amount of exposure to sunlight, which is not too high, helps give the fruit its deep colour and contributes to its natural shine, allowing an aesthetically outstanding product to be placed on the market without the need for any particular treatment.

An equally important factor is the professionalism of the operators, particularly the producers, who, in their production, harvesting and packaging techniques, apply a wealth of knowledge that has been built up over time.

In fact, although there is a natural tendency towards innovation in the production process, harvesting, sorting and packaging are carried out strictly by hand by expert staff who have ‘lifelong’ experience of the cherry tree. This professionalism is bound up with the local culture and derives directly from tradition. It is know-how that has been passed down from one generation to the next and that today adds something extra to an already exceptional product, setting the cherries produced in Vignola apart from those produced elsewhere.

These same producers decided decades ago, through binding mutual commitments, to package only cherries of the minimum size mentioned in point 3.2 in order to protect local production and highlight the uniqueness of the cherries grown and packaged in the area of origin.

Moreover, the range of varieties which has become established in the geographical area over time, and the development whereby growing takes place at many different altitudes, enable a longer harvesting period and ensure the product is on the market for the whole production season, which pleases consumers and has a positive impact on prices.

The ‘Ciliegia di Vignola’ is, therefore, unequivocally linked to the geographical area, the specific soil and climatic conditions, the exceptional microclimate, and the knowledge and skills of the producers. Equally important is the fact that farmers in the identified geographical area concentrated the supply of cherries in Vignola, where one of the oldest fruit and vegetable markets in Italy has been operating since 1928, later followed by other processing and marketing structures. All of these factors together have led to consumers identifying local production with the name ‘Ciliegia di Vignola’.

The establishment of the ‘Ciliegia di Vignola’ name on the market has led to the development of related commercial activities and has had a major impact on the whole sector, from the production to the marketing of the fruit. In fact, the area has seen the development of farms, processing/marketing cooperatives, and a fruit and vegetable market with four commission agents, craftsmen, packaging manufacturers, transporters and pickers.

The importance of the ‘Ciliegia di Vignola’ for the area that has historically produced it has been demonstrated over the years by numerous fairs, festivals and publications. Of particular importance for Vignola is the ‘Festa dei Ciliegi in Fiore’ (cherry blossom festival), first held in April 1970, and the ‘Vignola, è tempo di Ciliegie’ (Vignola: it’s time for cherries) festival, organised since 1989.

Every year, the national ‘Città delle Ciliegie’ (cherry city) association, founded in June 2003, opens the nationwide ‘Ciliegie d’Italia’ (Italian cherries) competition at the national ‘Città delle Ciliegie’ festival, which is organised in a different town each year. Cherries from Vignola won the first prize in 2005 at Celleno VT, in 2006 at Orvieto TR and in 2009 at Bracigliano SA, thereby confirming the reputation for high quality that the ‘Ciliegia di Vignola’ has acquired over time.

Reference to publication of the specification:

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

The Ministry launched the national objection procedure with the publication of the proposal for recognising the ‘Ciliegia di Vignola’ PGI in the Official Gazette of the Italian Republic No 283 of 3 December 2010 (ordinary supplement No 264):

The full text of the product specification is available on the following website: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (http://www.politicheagricole.it) and clicking on ‘Qualità e sicurezza’ (at the top right of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE’.

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| 22.2.2012 | EN | Official Journal of the European Union | C 52/22 |
| --- | --- | --- | --- |

22.2.2012

EN

Official Journal of the European Union

C 52/22

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

2012/C 52/11

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

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘CABRITO DO ALENTEJO’

EC No: PT-PGI-0005-0791-08.10.2009

PGI ( X ) PDO ( )

1.   Name:

‘Cabrito do Alentejo’

2.   Member State or third country:

Portugal

3.   Description of the agricultural product or foodstuff:

3.1.   Product type:

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

Class 1.1 —

Fresh meat (and offal)

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

‘Cabrito do Alentejo’ is the carcase/meat obtained from the slaughter of caprine animals born, reared and slaughtered in accordance with the established rules, listed in the register of births, which are the offspring of a father and mother registered in the zootechnical register and/or in the herd book for the Serpentina goat breed, or also the offspring of a one-off pairing, the male of which is listed in the zootechnical register and/or the herd book for the Serpentina goat breed.

According to the local traditional practices for breeding the animals of both sexes, slaughter takes place when they are between 30-120 days old, providing carcasses between 3,50 kg and 7,50 kg in weight which are low in fat, high in muscle content, light red in colour, tender, succulent and of pleasant aroma.

3.3.   Raw materials (for processed products only):

—

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

‘Cabrito do Alentejo’ kids are suckled from birth until the age of between 30 and 120 days.

In order to aid the development of the digestive system or to occupy the animals by meeting their instinctive need to gnaw and thereby prevent stress, at around 15 days of age the kids are given fibrous substances known as ‘roedores’ (‘chews’). These foods contain the following: good quality hay and straw (tasty and easily-digestible hay); holm and cork oak material; cereals; products consisting exclusively of cereals such as maize, wheat, oats, barley, rye, etc.; protein crops such as peas, beans, vetches, Lathyrus cicera, Ornithopus sativus, etc.; sunflower seed, soya, beet, etc.; and other by-products from agriculture, horticulture and fruit production.

Fats, carbonates, bicarbonates, phosphates and chlorides, together with whey powder and vitamin and mineral additives, may also form part of their feed, but only in small proportions.

All these foods may only supplement the mothers’ milk and must not exceed 15 % of the total food intake of the kids while they are growing up.

The administration of any growth promoter, anabolic steroids, hormones or similar natural or artificial products is prohibited.

Their supply of water and food must comply with the minimum standards for hygiene and animal welfare.

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

Production takes place in the identified geographical area while the slaughter, cutting and packaging may take place outside the geographical area of production.

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

The ‘Cabrito do Alentejo’ may be marketed as a whole carcase or half carcase, packaged or otherwise, or in the following cut-up parts: shoulder, neck, brisket, breast rib, leg and offal. The cuts must be put up packaged in trays.

3.7.   Specific rules on labelling:

The labelling must bear the words ‘Cabrito do Alentejo — IGP’ and the relevant logo (see figure 1), the PGI logo and the certification body’s mark.

Figure 1

Image

Image

4.   Concise definition of the geographical area:

The geographical production area is limited, administratively, to the districts of Portalegre, Evora and Beja (except the municipality of Sines and the parishes of Vila Nova de Milfontes, Langueira, Almograve and Zambujeira do Mar in the municipality of Odemira); the municipalities of Grândola (except the parishes of Carvalhal and Melides), Alcácer do Sal (except the parishes of Santa M.a do Castelo and Comporta), Santiago do Cacém (except the parish of Santo André), Alcoutim (except the parish of Vaqueiros); and the parishes of Couço and Santana do Mato, in the municipality of Coruche, S. Marcos da Serra, in the municipality of Silves, and Ameixial, in the municipality of Loulé.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The geographical area where the animals are born and bred is limited to the Alentejo and neighbouring areas where soils are poor, consisting in particular of weathered shale, with much of its pasture land in steep wooded slopes where there is no access for agricultural machinery and where other species have great difficulty in surviving (either because of the quality of grazing or the difficulty of access).

Livestock farming in the region is extensive and applies a mixed agricultural/woodland/pasture system. The goats are extensively farmed and are necessarily outdoor reared. The land is therefore mostly under cover of Mediterranean forests (cork and holm oak), cereal production (non-irrigated areas) and arable crops (cropped fodder and natural or improved pastures) and uncultivated land.

Cold rainy winters and hot dry summers are also characteristic of this geographical area and have an influence not only on the existing vegetation type but also on its variability throughout the year. Vegetation consists mostly of native grasses (Dactylis glomerata, Lolium ssp., Bromus ssp. among others) and pulses (mainly various types of Trifolium and Mendicago and also Ornithopus, Lotus, Scorpiurus etc.) as well as several types of shrub species (various types of Cistus commonly called ‘estevas’, ‘sargaços’, ‘piorno’ and ‘tojo’) and also certain typical oaks (cork and holm) which provide acorn and branches. This range of vegetation not only provides food for the adult animals but is also a decisive factor, since it not only influences, by natural selection, the characteristics of the animals which overcome the conditions and which manage to survive, breed and feed their young in such difficult conditions, as is the case of the Serpentina goats and their offspring, but is also a factor in changing the characteristics of the milk in accordance with the time of the year.

5.2.   Specificity of the product:

Studies on carcases of ‘Cabrito do Alentejo’ provide the following differentiating characteristics: light colour, due to the presence of subcutaneous fat, which is also light in colour; 60 % to 66 % of extremely tender and succulent muscle; 25 %, on average, of bone; a lower percentage of fat than other genotypes studied; significant economic yield, since the leg, shoulder and ribs together account for around 70 % of the total weight of the carcase; the edible parts, consisting of muscle and subcutaneous inter- and intramuscular fat, contain 6 % to 8 % fat.

The main fatty acids occurring in the fat of ‘Cabrito do Alentejo’, accounting for more than 70 % of the total, are oleic (C18:1 cis-9), palmitic (C16:0) and stearic (C18:0) acids.

Linoleic acid concentration (CLA) varies from 0,34 % to 0,66 % throughout the year.

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

The plant, rock and climatic characteristics of the geographical area, under the influence of Man, define the ecosystem. This fact, together with husbandry techniques peculiar to the Alentejo region and the characteristics of the breed, has resulted in the goatmeat of the Serpentina breed and its offspring being placed on the market as a distinctive product intended for consumption, especially at traditional times for families and for society at large. ‘Cabrito do Alentejo’ thus became, a long time ago (there are written references and recipes for ‘Cabrito do Alentejo’ dating from the 16th century), a renowned name in its own right among consumers, given the special nature of the organoleptic quality of the meat and its gastronomic value, especially in the two seasons of the year in which it is mostly eaten: Christmas and Easter.

Common practice in the region requires the slaughter of kids before they are weaned and thus before they reach the ruminant stage. Their mothers’ milk is thus crucial to the quality of the kid meat. Since the mothers’ diet is so dependent on plant, geological and climatic conditions within the production area and since those vary over the year, the levels of CLA in milk is also variable, so that it is possible to establish a positive correlation with their levels in intramuscular fat and the longissimus dorsi muscle of the kid which, in turn, influences the colour, taste and succulence of the meat. Moreover, the concentration of CLA and other fatty acids is always greater in ‘Cabrito do Alentejo’ kids than in other kids, and the profile of fatty acids varies significantly in the meat of the kid over the year. These two factors result in a marked demand for ‘Cabrito do Alentejo’ by the consumer during the two festive seasons of Christmas and Easter.

Reference to publication of the specification:

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

http://www.gpp.pt/Valor/Cabrito_Alentejo_CE_MAIO2011.pdf

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

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