# Official Journal C 133/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 133 |
| | |
| English edition | Information and Notices | Volume 6324 April 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 133

English edition

Information and Notices

Volume 6324 April 2020

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 133/01 | Non-opposition to a notified concentration (Case M.9766 – APG/CalSTRS/Munich Re/Astoria I & II) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 133/01

Non-opposition to a notified concentration (Case M.9766 – APG/CalSTRS/Munich Re/Astoria I & II) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2020/C 133/02 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/184/CFSP, as amended by Council Decision (CFSP) 2020/563, and in Regulation (EU) No 401/2013, as implemented by Council Implementing Regulation (EU) 2020/562 concerning restrictive measures against Myanmar/Burma | 2 |
| 2020/C 133/03 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/184/CFSP and Council Regulation (EU) No 401/2013 concerning restrictive measures against Myanmar/Burma apply | 4 |
| | European Commission |
| 2020/C 133/04 | Euro exchange rates — 23 April 2020 | 5 |
| 2020/C 133/05 | Commission Decision of 25 March 2020 delegating the management of the revenues of the Innovation Fund to the European Investment Bank | 6 |
| 2020/C 133/06 | Opinion of the Advisory Committee on restrictive practices and dominant positions at the meeting on 23 January 2020 concerning a draft decision in Case AT.40433 – Film merchandise Rapporteur: Greece | 9 |
| 2020/C 133/07 | Final Report of the Hearing Officer Film merchandise (AT.40433) | 10 |
| 2020/C 133/08 | Summary of Commission Decision of 30 January 2020 relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area (Case AT.40433 – Film merchandise)
  (notified under document C(2020) 359)

   (
  1
  ) | 12 |
| | Court of Auditors |
| 2020/C 133/09 | Special Report 09/2020 The EU core road network: shorter travel times but network not yet fully functional | 16 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2020/C 133/02

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/184/CFSP, as amended by Council Decision (CFSP) 2020/563, and in Regulation (EU) No 401/2013, as implemented by Council Implementing Regulation (EU) 2020/562 concerning restrictive measures against Myanmar/Burma

2

2020/C 133/03

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/184/CFSP and Council Regulation (EU) No 401/2013 concerning restrictive measures against Myanmar/Burma apply

4

European Commission

2020/C 133/04

Euro exchange rates — 23 April 2020

5

2020/C 133/05

Commission Decision of 25 March 2020 delegating the management of the revenues of the Innovation Fund to the European Investment Bank

6

2020/C 133/06

Opinion of the Advisory Committee on restrictive practices and dominant positions at the meeting on 23 January 2020 concerning a draft decision in Case AT.40433 – Film merchandise Rapporteur: Greece

9

2020/C 133/07

Final Report of the Hearing Officer Film merchandise (AT.40433)

10

2020/C 133/08

Summary of Commission Decision of 30 January 2020 relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area (Case AT.40433 – Film merchandise)
  (notified under document C(2020) 359)

   (
  1
  )

(notified under document C(2020) 359)

1

12

Court of Auditors

2020/C 133/09

Special Report 09/2020 The EU core road network: shorter travel times but network not yet fully functional

16

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| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2020/C 133/10 | OTHER LEGISLATION EUROPEAN COMMITTEE Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33 | 17 |

V   Announcements

OTHER ACTS

European Commission

2020/C 133/10

OTHER LEGISLATION EUROPEAN COMMITTEE Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

17

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

| 24.4.2020 | EN | Official Journal of the European Union | C 133/1 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/1

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Non-opposition to a notified concentration

(Case M.9766 – APG/CalSTRS/Munich Re/Astoria I & II)

(Text with EEA relevance)

(2020/C 133/01)

On 17 April 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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/homepage.html?locale=en) under document number 32020M9766. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9766. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 24.4.2020 | EN | Official Journal of the European Union | C 133/2 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/2

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Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/184/CFSP, as amended by Council Decision (CFSP) 2020/563, and in Regulation (EU) No 401/2013, as implemented by Council Implementing Regulation (EU) 2020/562 concerning restrictive measures against Myanmar/Burma

(2020/C 133/02)

The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2013/184/CFSP (1), as amended by Council Decision (CFSP) 2020/563 (2), and in Annex IV to Council Regulation (EU) No 401/2013 (3), as implemented by Council Implementing Regulation (EU) 2020/562 (4) concerning restrictive measures against Myanmar/Burma.

The Council of the European Union, after having reviewed the list of designated persons, has decided that the persons that appear in the above-mentioned Annexes should continue to be included in the list of persons subject to the restrictive measures provided for in Decision 2013/184/CFSP and Regulation (EU) No 401/2013 concerning restrictive measures against Myanmar/Burma. The grounds for the listing of the persons concerned appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4b of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 1 February 2021, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 12 of Decision 2013/184/CFSP and Article 4i(4) of Regulation (EU) No 401/2013.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 111, 23.4.2013, p. 75.

(2)  OJ L 130, 24.4.2020, p. 25

(3)  OJ L 121, 3.5.2013, p. 1.

(4)  OJ L 130, 24.4.2020, p. 23

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| 24.4.2020 | EN | Official Journal of the European Union | C 133/4 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/4

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Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/184/CFSP and Council Regulation (EU) No 401/2013 concerning restrictive measures against Myanmar/Burma apply

(2020/C 133/03)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision 2013/184/CFSP (2), as amended by Council Decision (CFSP) 2020/563 (3), and Council Regulation (EU) No 401/2013 (4), as implemented by Council Implementing Regulation (EU) 2020/562 (5).

The controller of this processing operation is the Council of the European Union represented by the Director General of RELEX (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1.C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2013/184/CFSP, as amended by Decision (CFSP) 2020/563, and Regulation (EU) No 401/2013, as implemented by Implementing Regulation (EU) 2020/562.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2013/184/CFSP and Regulation (EU) No 401/2013.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725.

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(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 111, 23.4.2013, p. 75.

(3)  OJ L 130, 24.4.2020, p. 25.

(4)  OJ L 121, 3.5.2013, p. 1.

(5)  OJ L 130, 24.4.2020, p. 23.

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European Commission

| 24.4.2020 | EN | Official Journal of the European Union | C 133/5 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/5

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Euro exchange rates (1)

23 April 2020

(2020/C 133/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0772 |
| JPY | Japanese yen | 115,75 |
| DKK | Danish krone | 7,4577 |
| GBP | Pound sterling | 0,87200 |
| SEK | Swedish krona | 10,8883 |
| CHF | Swiss franc | 1,0511 |
| ISK | Iceland króna | 158,60 |
| NOK | Norwegian krone | 11,5165 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,551 |
| HUF | Hungarian forint | 357,51 |
| PLN | Polish zloty | 4,5379 |
| RON | Romanian leu | 4,8425 |
| TRY | Turkish lira | 7,4788 |
| AUD | Australian dollar | 1,6918 |
| CAD | Canadian dollar | 1,5226 |
| HKD | Hong Kong dollar | 8,3489 |
| NZD | New Zealand dollar | 1,7947 |
| SGD | Singapore dollar | 1,5331 |
| KRW | South Korean won | 1 326,80 |
| ZAR | South African rand | 20,5432 |
| CNY | Chinese yuan renminbi | 7,6259 |
| HRK | Croatian kuna | 7,5750 |
| IDR | Indonesian rupiah | 16 772,00 |
| MYR | Malaysian ringgit | 4,6966 |
| PHP | Philippine peso | 54,571 |
| RUB | Russian rouble | 80,6062 |
| THB | Thai baht | 34,815 |
| BRL | Brazilian real | 5,8666 |
| MXN | Mexican peso | 26,3418 |
| INR | Indian rupee | 81,9400 |

Currency

Exchange rate

USD

US dollar

1,0772

JPY

Japanese yen

115,75

DKK

Danish krone

7,4577

GBP

Pound sterling

0,87200

SEK

Swedish krona

10,8883

CHF

Swiss franc

1,0511

ISK

Iceland króna

158,60

NOK

Norwegian krone

11,5165

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,551

HUF

Hungarian forint

357,51

PLN

Polish zloty

4,5379

RON

Romanian leu

4,8425

TRY

Turkish lira

7,4788

AUD

Australian dollar

1,6918

CAD

Canadian dollar

1,5226

HKD

Hong Kong dollar

8,3489

NZD

New Zealand dollar

1,7947

SGD

Singapore dollar

1,5331

KRW

South Korean won

1 326,80

ZAR

South African rand

20,5432

CNY

Chinese yuan renminbi

7,6259

HRK

Croatian kuna

7,5750

IDR

Indonesian rupiah

16 772,00

MYR

Malaysian ringgit

4,6966

PHP

Philippine peso

54,571

RUB

Russian rouble

80,6062

THB

Thai baht

34,815

BRL

Brazilian real

5,8666

MXN

Mexican peso

26,3418

INR

Indian rupee

81,9400

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

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| 24.4.2020 | EN | Official Journal of the European Union | C 133/6 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/6

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COMMISSION DECISION

of 25 March 2020

delegating the management of the revenues of the Innovation Fund to the European Investment Bank

(2020/C 133/05)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (1), and in particular the fourth subparagraph of Article 10a(8) thereof,

Having regard to the Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (2), and in particular Article 20(3) thereof,

Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (3), and in particular Article 62(1)(c)(iii) thereof,

Whereas:

| (1) | The Innovation Fund established by Article 10a(8) of Directive 2003/87/EC is the successor of the NER 300 programme. Detailed rules on the operation of the Innovation Fund have been established by Delegated Regulation (EU) 2019/856. |
| --- | --- |

(1)

The Innovation Fund established by Article 10a(8) of Directive 2003/87/EC is the successor of the NER 300 programme. Detailed rules on the operation of the Innovation Fund have been established by Delegated Regulation (EU) 2019/856.

| (2) | The Innovation Fund is to be endowed inter alia with the revenues from the 450 million allowances monetised on the Common Auction Platform in accordance with Commission Regulation (EU) No 1031/2010 (4). The allowances are to be auctioned progressively over the coming years. The Innovation Fund is also be endowed with part of the unspent NER300 assets, which will be transferred to it. |
| --- | --- |

(2)

The Innovation Fund is to be endowed inter alia with the revenues from the 450 million allowances monetised on the Common Auction Platform in accordance with Commission Regulation (EU) No 1031/2010 (4). The allowances are to be auctioned progressively over the coming years. The Innovation Fund is also be endowed with part of the unspent NER300 assets, which will be transferred to it.

| (3) | Article 19(3) of Regulation (EU) 2019/856 states that the revenues of the Innovation Fund shall constitute external assigned revenues within the meaning of Article 21 of the Regulation (EU, Euratom) 2018/1046 (“Financial Regulation”). Those revenues are to be channelled through the Union Budget. |
| --- | --- |

(3)

Article 19(3) of Regulation (EU) 2019/856 states that the revenues of the Innovation Fund shall constitute external assigned revenues within the meaning of Article 21 of the Regulation (EU, Euratom) 2018/1046 (“Financial Regulation”). Those revenues are to be channelled through the Union Budget.

| (4) | Article 3(c) read in conjunction with Recital 13 of Delegated Regulation (EU) 2019/856 states that the revenues of the Innovation Fund, including the revenues from the allowances, should be managed in accordance with the objectives of Directive 2003/87/EC. |
| --- | --- |

(4)

Article 3(c) read in conjunction with Recital 13 of Delegated Regulation (EU) 2019/856 states that the revenues of the Innovation Fund, including the revenues from the allowances, should be managed in accordance with the objectives of Directive 2003/87/EC.

| (5) | Recital 16 of Delegated Regulation (EU) 2019/856 foresees that the Innovation Fund should be implemented in accordance with the sound financial management principles as laid down in the Financial Regulation. |
| --- | --- |

(5)

Recital 16 of Delegated Regulation (EU) 2019/856 foresees that the Innovation Fund should be implemented in accordance with the sound financial management principles as laid down in the Financial Regulation.

| (6) | In accordance with Article 24(1) of Regulation (EU) No 1031/2010 (5), the European Investment Bank (EIB) is the auctioneer for the allowances to be auctioned from 2021 for the Innovation Fund, as well as for the Modernisation Fund, which has also been established by Directive 2003/87/EC. |
| --- | --- |

(6)

In accordance with Article 24(1) of Regulation (EU) No 1031/2010 (5), the European Investment Bank (EIB) is the auctioneer for the allowances to be auctioned from 2021 for the Innovation Fund, as well as for the Modernisation Fund, which has also been established by Directive 2003/87/EC.

| (7) | The EIB has been performing the management of the revenues of the NER 300 programme. The unused funds of the NER 300 fund currently managed by the EIB are to be partly transferred to the Innovation Fund. It is desirable to ensure the continuity of the investment process and to allow for an optimal transfer of the assets. In addition, having implemented the NER 300 programme, the EIB has acquired valuable experience in the implementation of an asset management strategy that takes account of the related cash workflows. |
| --- | --- |

(7)

The EIB has been performing the management of the revenues of the NER 300 programme. The unused funds of the NER 300 fund currently managed by the EIB are to be partly transferred to the Innovation Fund. It is desirable to ensure the continuity of the investment process and to allow for an optimal transfer of the assets. In addition, having implemented the NER 300 programme, the EIB has acquired valuable experience in the implementation of an asset management strategy that takes account of the related cash workflows.

| (8) | The EIB has been entrusted with the management of the revenues of the Modernisation Fund. Synergies and economies of scale are likely to result from the asset management of both the Innovation Fund and the Modernisation Fund by the same asset manager. |
| --- | --- |

(8)

The EIB has been entrusted with the management of the revenues of the Modernisation Fund. Synergies and economies of scale are likely to result from the asset management of both the Innovation Fund and the Modernisation Fund by the same asset manager.

| (9) | Accordingly, the Commission intends to delegate to the EIB the tasks related to the management of the revenues of the Innovation Fund. This is subject to the conclusion, pursuant to Article 20(3) of Delegated Regulation (EU) 2019/856, of an agreement between the Commission and the EIB laying down the specific terms and conditions under which the EIB is to carry out those tasks, in compliance with the sound financial management principles as laid down in the Financial Regulation. |
| --- | --- |

(9)

Accordingly, the Commission intends to delegate to the EIB the tasks related to the management of the revenues of the Innovation Fund. This is subject to the conclusion, pursuant to Article 20(3) of Delegated Regulation (EU) 2019/856, of an agreement between the Commission and the EIB laying down the specific terms and conditions under which the EIB is to carry out those tasks, in compliance with the sound financial management principles as laid down in the Financial Regulation.

| (10) | That agreement should comprise in particular specific provisions as regards: (i) detailed rules concerning the monetisation process in accordance with Regulation (EU) No 1031/2010; (ii) detailed rules concerning fund transfers enabling the Commission to timely implement the Innovation Fund; (iii) the calculation of the asset management fees; (iv) the frequency, content and form of the reporting; (v) accounting requirements; (vi) the investment strategy applicable to the management of the revenues of the Innovation Fund, |
| --- | --- |

(10)

That agreement should comprise in particular specific provisions as regards: (i) detailed rules concerning the monetisation process in accordance with Regulation (EU) No 1031/2010; (ii) detailed rules concerning fund transfers enabling the Commission to timely implement the Innovation Fund; (iii) the calculation of the asset management fees; (iv) the frequency, content and form of the reporting; (v) accounting requirements; (vi) the investment strategy applicable to the management of the revenues of the Innovation Fund,

HAS DECIDED AS FOLLOWS:

Article 1

Delegation of the management of the revenues of the Innovation Fund to the European Investment Bank

1.   The management of the revenues of the Innovation Fund is delegated to the European Investment Bank (EIB), subject to the conclusion of the contribution agreement referred to in Article 2.

2.   The EIB is entrusted to manage the following revenues of the Innovation Fund:

| (a) | revenues from the allowances monetised on the Common Auction Platform in accordance with Regulation (EU) No 1031/2010; |
| --- | --- |

(a)

revenues from the allowances monetised on the Common Auction Platform in accordance with Regulation (EU) No 1031/2010;

| (b) | any assets accruing from the transfer to the Innovation Fund, including undisbursed revenues from the second call of the NER 300 programme. |
| --- | --- |

(b)

any assets accruing from the transfer to the Innovation Fund, including undisbursed revenues from the second call of the NER 300 programme.

Article 2

Contribution agreement

1.   The Commission and the EIB shall conclude a contribution agreement laying down the specific terms and conditions under which the EIB shall carry out its tasks related to the management of the revenues of the Innovation Fund and the monetisation of the allowances.

2.   The contribution agreement shall reflect the need for the Commission and the EIB to fully cooperate on a transparent basis. It shall set up detailed rules to ensure their compliance with the sound financial management principles as laid down in the Financial Regulation. They shall also be compliant with the applicable administrative agreements, in particular the Financial and Administrative Framework Agreement between the European Union and the European Investment Bank, and the Tripartite Agreement between the European Commission, the European Court of Auditors and the European Investment Bank.

3.   The contribution agreement shall lay down in particular:

| (a) | detailed rules concerning the monetisation of the allowances in accordance with Regulation (EU) No 1031/2010; |
| --- | --- |

(a)

detailed rules concerning the monetisation of the allowances in accordance with Regulation (EU) No 1031/2010;

| (b) | detailed rules concerning the transfer of funds between the EIB and the Commission enabling the Commission to draw on revenues of the Innovation Fund promptly in response to project financing needs; |
| --- | --- |

(b)

detailed rules concerning the transfer of funds between the EIB and the Commission enabling the Commission to draw on revenues of the Innovation Fund promptly in response to project financing needs;

| (c) | the cost-based remuneration due to the EIB for the monetisation of allowances and management of the revenues of the Innovation Fund and the related tasks. That cost-based remuneration shall be established on the basis of documentary evidence in respect of the services provided; |
| --- | --- |

(c)

the cost-based remuneration due to the EIB for the monetisation of allowances and management of the revenues of the Innovation Fund and the related tasks. That cost-based remuneration shall be established on the basis of documentary evidence in respect of the services provided;

| (d) | a monthly reporting by the EIB to the Commission in a format laid down by the Commission. It shall enable the Commission to meet all requirements for the purpose of its own monitoring and reporting pursuant to Article 23 of Delegated Regulation (EU) 2019/856; |
| --- | --- |

(d)

a monthly reporting by the EIB to the Commission in a format laid down by the Commission. It shall enable the Commission to meet all requirements for the purpose of its own monitoring and reporting pursuant to Article 23 of Delegated Regulation (EU) 2019/856;

| (e) | the investment strategy for the revenues of the assets of the Innovation Fund. In particular, (i) the investment strategy shall seek to deliver a sound return consistent with the protection of the value of the revenues and allowing the EIB to meet all required outflows fully and promptly over the investment horizon of the fund; (ii) the EIB shall propose an investment strategy, which shall be approved by the Commission, upon a positive recommendation of the Accounting Officer of the Commission. The investment strategy shall be established before the Innovation Fund commences operations; (iii) the investment strategy shall be framed in terms of a proposed allocation of assets across the classes of eligible investment and a benchmark proposal. The latter shall be established in line with good industry practices, taking into account the investment horizon, eligible investment universe, objectives and risk tolerance for the Innovation Fund; (iv) to facilitate the establishment of the investment strategy, the Commission shall provide an estimated schedule of the financing needs generated by the projects to be funded by the Innovation Fund; (v) the EIB shall review the investment strategy at least once a year or whenever required by changes in the cash-flows profile; (vi) the EIB shall present the investment strategy and the performance of the portfolio to the Commission once a year and on request; |
| --- | --- |

(e)

the investment strategy for the revenues of the assets of the Innovation Fund. In particular, (i) the investment strategy shall seek to deliver a sound return consistent with the protection of the value of the revenues and allowing the EIB to meet all required outflows fully and promptly over the investment horizon of the fund; (ii) the EIB shall propose an investment strategy, which shall be approved by the Commission, upon a positive recommendation of the Accounting Officer of the Commission. The investment strategy shall be established before the Innovation Fund commences operations; (iii) the investment strategy shall be framed in terms of a proposed allocation of assets across the classes of eligible investment and a benchmark proposal. The latter shall be established in line with good industry practices, taking into account the investment horizon, eligible investment universe, objectives and risk tolerance for the Innovation Fund; (iv) to facilitate the establishment of the investment strategy, the Commission shall provide an estimated schedule of the financing needs generated by the projects to be funded by the Innovation Fund; (v) the EIB shall review the investment strategy at least once a year or whenever required by changes in the cash-flows profile; (vi) the EIB shall present the investment strategy and the performance of the portfolio to the Commission once a year and on request;

| (f) | detailed rules pursuant to which the EIB shall provide the Commission with the audited financial statements of the Innovation Fund for each financial year, pursuant to Article 23(7) of Delegated Regulation (EU) 2019/856; |
| --- | --- |

(f)

detailed rules pursuant to which the EIB shall provide the Commission with the audited financial statements of the Innovation Fund for each financial year, pursuant to Article 23(7) of Delegated Regulation (EU) 2019/856;

| (g) | detailed rules pursuant to which the EIB shall cooperate with the Court of Auditors of the European Union, the European Anti-Fraud Office and the European Public Prosecutor’s Office, in accordance with Union law. |
| --- | --- |

(g)

detailed rules pursuant to which the EIB shall cooperate with the Court of Auditors of the European Union, the European Anti-Fraud Office and the European Public Prosecutor’s Office, in accordance with Union law.

4.   The agreement shall enter into force upon signature by both the Commission and the EIB.

Done at Brussels, 25 March 2020.

For the Commission

Johannes HAHN

Member of the Commission

---

(1)  OJ L 275 25.10.2003, p. 32.

1

(2)  OJ L 140, 28.5.2019, p. 6.

2

(3)  OJ L 193, 30.7.2018, p. 1.

3

(4)  Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a system for greenhouse gas emission allowances trading within the Union (OJ L 302 18.11.2010, p. 1).

4

(5)  Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (OJ L 289 8.11.2019, p. 9.)

5

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| 24.4.2020 | EN | Official Journal of the European Union | C 133/9 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/9

---

Opinion of the Advisory Committee on restrictive practices and dominant positions at the meeting on 23 January 2020 concerning a draft decision in Case AT.40433 – Film merchandise

Rapporteur: Greece

(2020/C 133/06)

l.

The Advisory Committee (8 Member States) agrees with the Commission that the conduct covered by the draft decision constitutes an infringement of Article 101 TFEU and Article 53 of the EEA Agreement.

2.

The Advisory Committee (8 Member States) agrees with the Commission’s assessment in the draft decision as regards the duration of the infringement.

3.

The Advisory Committee (8 Member States) agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

4.

The Advisory Committee (8 Member States) agrees with the Commission on the final amount of the fine, including its reduction based on point 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

5.

The Advisory Committee (8 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.4.2020 | EN | Official Journal of the European Union | C 133/10 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/10

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Final Report of the Hearing Officer (1)

Film merchandise

(AT.40433)

(2020/C 133/07)

(1)

The draft decision addressed to Comcast Corporation, NBCUniversal LLC, NBCUniversal Media LLC, Universal Studios Licensing LLC, Universal Studios Limited, DreamWorks Animation UK Limited, DreamWorks Animation Publishing LLC, DreamWorks Animation LLC, DreamWorks Animation Licensing LLC and Universal Pictures (Shanghai) Trading Company Limited (the ‘addressees’, whereas the undertaking comprising the addressees is referred to as ‘Universal’) finds that Universal infringed Article 101 TFEU and Article 53 of the EEA Agreement through implementation and enforcement within the EEA of a series of agreements and/or concerted practices restricting sales of licensed merchandise across territories and across customer groups, both offline and online.

(2)

By decision of 14 June 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation No 773/2004 (2) against Comcast Corporation and all legal entities directly or indirectly controlled by it. On 29 November 2019, the Commission adopted a further decision to initiate proceedings in accordance with Article 2(1) of that regulation against the other entities that are referred to as the addressees.

(3)

| — | an acknowledgement, in clear and unequivocal terms, by the addressees of their joint and several liability for the infringement described in the Settlement Submission, including facts, legal qualifications, the addressees’ roles in the infringement and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, by the addressees of their joint and several liability for the infringement described in the Settlement Submission, including facts, legal qualifications, the addressees’ roles in the infringement and the duration of their participation in the infringement;

| — | an indication of the maximum fine that the addressees would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that the addressees would accept in the context of a cooperation procedure;

| — | confirmation that the addressees had been sufficiently informed of the objections the Commission envisaged raising against them and that they had been given sufficient opportunity to make their views known to the Commission; and |
| --- | --- |

—

confirmation that the addressees had been sufficiently informed of the objections the Commission envisaged raising against them and that they had been given sufficient opportunity to make their views known to the Commission; and

| — | confirmation that the addressees had been granted sufficient opportunity to access the evidence supporting the potential objections and all other documents in the Commission’s file, and that they did not envisage requesting further access to the file or to be heard again in an oral hearing, unless the Commission did not reflect the Settlement Submission in the statement of objections (the ‘SO’) and the decision. |
| --- | --- |

—

confirmation that the addressees had been granted sufficient opportunity to access the evidence supporting the potential objections and all other documents in the Commission’s file, and that they did not envisage requesting further access to the file or to be heard again in an oral hearing, unless the Commission did not reflect the Settlement Submission in the statement of objections (the ‘SO’) and the decision.

(4)

On 29 November 2019, the Commission adopted the SO, to which the addressees replied by confirming that the SO reflected the content of the Settlement Submission, reiterating their commitment to follow the cooperation procedure under the conditions of the Settlement Submission and declaring that they did not wish to be heard again by the Commission.

(5)

The infringement found and the fine imposed in the draft decision correspond to those acknowledged and accepted in the Settlement Submission. The basic amount of the fine that would otherwise have been imposed is reduced by 30 % on the ground that Universal has effectively and timely cooperated with the Commission beyond its legal obligation to do so by: (i) acknowledging the infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in relation to the conduct, as well as providing additional evidence to the Commission, thereby strengthening to a certain extent its ability to prove the infringement, and waiving certain procedural rights resulting in administrative efficiencies; (ii) providing guidance on practices compliant with competition law to Universal’s EEA-based employees and changing its template agreement; and (iii) sending clarification letters to all licensees, in September 2019, clarifying how the merchandising license agreements are to be interpreted and enforced.

(6)

In accordance with Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which Universal has been afforded the opportunity of making known its views. I conclude that it does.

(7)

Overall, I consider that the effective exercise of procedural rights has been respected in this case.

Brussels, 24 January 2020.

Wouter WILS

---

(1)  Pursuant to Articles 16 and 17 of Decision of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

1

(2)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18), last amended by Commission Regulation (EU) 2015/1348 (OJ L 208, 5.8.2015, p. 3).

2

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| 24.4.2020 | EN | Official Journal of the European Union | C 133/12 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/12

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Summary of Commission Decision

of 30 January 2020

relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area

(Case AT.40433 – Film merchandise)

(notified under document C(2020) 359)

(Only the English text is authentic)

(Text with EEA relevance)

(2020/C 133/08)

On 30 January 2020, the Commission adopted a decision relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The decision is addressed to Comcast Corporation and its subsidiaries NBCUniversal LLC, NBCUniversal Media LLC, Universal Studios Licensing LLC, Universal Studios Limited, DreamWorks Animation UK Limited, DreamWorks Animation Publishing LLC, DreamWorks Animation LLC, Dreamworks Animation Licensing LLC and Universal Pictures (Shanghai) Trading Company Limited (hereinafter ‘Universal’), for infringing Article 101 of the Treaty on the Functioning of the European Union (the ‘Treaty’) and Article 53 of the Agreement on the European Economic Area (‘EEA Agreement’). |
| --- | --- |

(1)

| (2) | Among others, Universal licenses its film-related intellectual property rights – including its well-known film series the Minions and Jurassic World – to third parties for the production and distribution of branded merchandise. Between 1 January 2013 and 25 September 2019, Universal participated in a single and continuous infringement that involved the implementation and enforcement within the EEA of a series of practices restricting active, passive and online sales of licensed merchandise across territories and customer groups. |
| --- | --- |

(2)

2.   CASE DESCRIPTION

2.1.   The products concerned

| (3) | The decision concerns Universal’s activities as a licensor for its film properties. Universal licenses its films to other undertakings that produce and distribute various merchandising products including licensed intellectual property rights from Universal’s films. The decision concerns products of a varied nature, for example clothes, toys, gifts and accessories, often referred to as licensed merchandise products. Universal’s licensed merchandise contributes to the promotion of the film to which the intellectual property relates. |
| --- | --- |

(3)

| (4) | Universal typically licenses its proprietary films either directly or through an agent. Regardless of the system used for the granting of licences, agreements with the licensee also typically include provisions governing the distribution of the products on which the licensed intellectual property right will be applied. Elements consistently present in Universal’s license merchandising agreements include:






  (a) | Territorial scope: Universal generally grants licences in the EEA on a non-exclusive basis for one or more specific countries, although in practice there is generally limited overlap between the products and the territories in licensees’ agreements; |
| --- | --- | --- |

(4)

(a)

Territorial scope: Universal generally grants licences in the EEA on a non-exclusive basis for one or more specific countries, although in practice there is generally limited overlap between the products and the territories in licensees’ agreements;

| (b) | Channels for distribution of the products: Universal’s non-exclusive merchandising licence agreements typically include a list of distribution channels through which the licensee may distribute the products, at times defined as narrowly as limiting distribution to specific customers or customer groups; in practice there is generally limited overlap between the products and the channels for distribution in licensees’ agreements; |
| --- | --- |

(b)

Channels for distribution of the products: Universal’s non-exclusive merchandising licence agreements typically include a list of distribution channels through which the licensee may distribute the products, at times defined as narrowly as limiting distribution to specific customers or customer groups; in practice there is generally limited overlap between the products and the channels for distribution in licensees’ agreements;

| (c) | Financial compensation to be paid by the licensee: Universal’s licensing agreements provide for licensees to pay Universal a certain amount in consideration for the grant of the licence for the intellectual property rights. |
| --- | --- |

(c)

Financial compensation to be paid by the licensee: Universal’s licensing agreements provide for licensees to pay Universal a certain amount in consideration for the grant of the licence for the intellectual property rights.

| (5) | These license merchandising agreements, and more broadly, the relationships that are built on the basis of those agreements, are the focus of the decision. |
| --- | --- |

(5)

2.2.   Procedure

| (6) | In September 2016, the Commission sent a request for information to Universal. |
| --- | --- |

(6)

| (7) | By decision of 14 June 2017, the Commission initiated proceedings against Comcast Corporation and its subsidiaries, including NBCUniversal Media LLC. The purpose of the initiation of proceedings was to investigate whether Universal had in place agreements and/or applied practices preventing or restricting the sale of licensed merchandise in the EEA. On 29 November 2019, the Commission adopted a further decision to initiate proceedings in accordance with Article 2(1) of Commission Regulation (EC) No 773/2004 against eight other subsidiaries of Comcast Corporation. |
| --- | --- |

(7)

| (8) | On 25 September 2018 the Commission conducted unannounced inspections at NBCUniversal Media LLC offices in London, United Kingdom. |
| --- | --- |

(8)

| (9) | On 13 November 2019, Universal submitted a formal offer to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 (the ‘settlement submission’). |
| --- | --- |

(9)

| (10) | On 29 November 2019, the Commission adopted a Statement of Objections addressed to Universal. On 16 December 2019, Universal submitted its reply to the Statement of Objections. |
| --- | --- |

(10)

| (11) | The Advisory committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 23 January 2020. |
| --- | --- |

(11)

| (12) | The Hearing Officer issued his final report on the case on 24 January 2020. |
| --- | --- |

(12)

| (13) | The Commission adopted this decision on 30 January 2020. |
| --- | --- |

(13)

2.3.   Summary of the infringement

| (14) | A series of practices restricting active and passive sales of licensed merchandise across territories and customer groups were put in place throughout Universal’s merchandising business. These practices concerned both offline and online sales of licensed merchandise products throughout the EEA. The following main types of restrictions are covered by the decision:






  (a) | Direct measures restricting sales by licensees, such as (i) prohibition of out-of-territory passive sales; (ii) prohibition of out-of-territory active sales; (iii) prohibition of online sales; (iv) obligation to notify Universal of out-of-territory sales; (v) use of language requirements to restrict out-of-territory sales; (vi) prohibition of sales outside of allocated customer groups; (vii) obligations to pay to Universal revenues generated from sales beyond the allocated territories and customer groups. |
| --- | --- | --- |

(14)

(a)

Direct measures restricting sales by licensees, such as (i) prohibition of out-of-territory passive sales; (ii) prohibition of out-of-territory active sales; (iii) prohibition of online sales; (iv) obligation to notify Universal of out-of-territory sales; (v) use of language requirements to restrict out-of-territory sales; (vi) prohibition of sales outside of allocated customer groups; (vii) obligations to pay to Universal revenues generated from sales beyond the allocated territories and customer groups.

| (b) | Indirect measures restricting sales by licensees: a series of measures were also at times implemented as an indirect way to encourage compliance with the restrictions to sales beyond the allocated territories and customer groups. These measures included the conduct of audits and the non-renewal of contracts. |
| --- | --- |

(b)

Indirect measures restricting sales by licensees: a series of measures were also at times implemented as an indirect way to encourage compliance with the restrictions to sales beyond the allocated territories and customer groups. These measures included the conduct of audits and the non-renewal of contracts.

| (c) | Obligation to pass on the sale restrictions, in order to guarantee that any third party selling Universal’s licensed merchandise would also comply with the territorial and customer restrictions. |
| --- | --- |

(c)

Obligation to pass on the sale restrictions, in order to guarantee that any third party selling Universal’s licensed merchandise would also comply with the territorial and customer restrictions.

| (15) | Through this set of practices, Universal restricted licensees’ ability to sell licensed merchandise across territories and customer groups. This single and continuous infringement might have led to a reduction in the choice available for consumers and to increased prices deriving from the lower level of competition. This conduct constitutes, by its very nature, a restriction of competition by object within the meaning of Article 101(1) of the Treaty. |
| --- | --- |

(15)

| (16) | The decision also finds that the conduct does not meet the conditions for exemption provided for in Article 101(3) of the Treaty and Article 53(3) of the EEA Agreement. |
| --- | --- |

(16)

2.4.   Addressees and duration

| (17) | The decision is addressed to Comcast Corporation, NBCUniversal LLC and NBCUniversal Media LLC as parent companies, as well as to certain of their subsidiaries involved in the licensed merchandise business in the EEA: Universal Studios Licensing LLC, Universal Studios Limited, DreamWorks Animation UK Limited, DreamWorks Animation Publishing LLC, DreamWorks Animation LLC, DreamWorks Animation Licensing LLC and Universal Pictures (Shanghai) Trading Company Limited. |
| --- | --- |

(17)

| (18) | The duration of the infringement spans from 1 January 2013 to 25 September 2019, the date when Universal sent letters informing all its licensees that those sales restrictions in its agreements ceased to apply in the EEA. |
| --- | --- |

(18)

2.5.   Remedies and fines

| (19) | The decision finds that Universal brought the infringement to an end on 25 September 2019 and requires Universal to refrain from any agreement or concerted practice which might have the same or a similar object or effect. The Commission also considers that the infringement was committed intentionally, and if not, at least negligently, and that a fine needs to be imposed. |
| --- | --- |

(19)

2.5.1.   Basic amount of the fine

| (20) | For the purposes of calculating the fine, the decision uses the amount of royalties collected by Universal during the last full year of the infringement (2018). The value of sales is based on the royalties received by Universal from its licensees for sales of licensed merchandise products in the EEA. These royalties represent Universal’s revenues from its licensed merchandise business and are paid to Universal in exchange for the use of the licensed intellectual property rights. |
| --- | --- |

(20)

| (21) | Sales restrictions beyond allocated territories and customer groups, by their very nature, restrict competition within the meaning of Article 101(1) of the Treaty. However, vertical restraints are generally less harmful than horizontal ones. The ‘gravity percentage’ is set at 8 % of Universal’s value of sales. |
| --- | --- |

(21)

2.5.2.   Aggravating or mitigating circumstances

| (22) | There are no aggravating or mitigating circumstances in this case. |
| --- | --- |

(22)

2.5.3.   Deterrence

| (23) | The Commission does not apply a deterrence multiplier because it is not warranted in this case. |
| --- | --- |

(23)

2.5.4.   Application of the 10 % turnover limit

| (24) | The calculated fine does not exceed 10 % of Comcast Corporation’s total worldwide turnover. |
| --- | --- |

(24)

2.5.5.   Reduction of the fine in view of cooperation

| (25) | In exchange for Universal’s cooperation the decision grants a 30 % reduction on the fine pursuant to point 37 of the Guidelines on Fines. Ever since formally engaging in cooperation, Universal cooperated with the Commission beyond its legal obligation to do so by acknowledging the infringement, as well as by providing additional evidence to the Commission, thereby strengthening to a certain extent its ability to prove the infringement, and waiving certain procedural rights resulting in administrative efficiencies. |
| --- | --- |

(25)

3.   CONCLUSION

| (26) | Universal infringed Article 101(1) of the Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement regarding licensed merchandise. The infringement covered the whole of the European Economic Area, and consisted in the implementation and enforcement of a series of agreements and practices aimed at restricting sales of licensed merchandise across territories and customer groups, both offline and online. |
| --- | --- |

(26)

| (27) | The final amount of the fine to be imposed on Universal pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 should be EUR 14 327 000. |
| --- | --- |

(27)

| (28) | Comcast Corporation, NBCUniversal LLC, NBCUniversal Media LLC and Universal Studios Licensing LLC should be held liable for the total amount of this fine, while Universal Studios Limited should only be held liable for the period starting on 6 June 2014, the date of its incorporation, DreamWorks Animation UK Limited, DreamWorks Animation Publishing LLC, DreamWorks Animation LLC and DreamWorks Animation Licensing LLC for the period starting on 22 August 2016, on which they were acquired by Comcast Corporation and Universal Pictures (Shanghai) Trading Company Limited for the period starting on 21 October 2016, on which it was incorporated. |
| --- | --- |

(28)

---

(1)  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

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Court of Auditors

| 24.4.2020 | EN | Official Journal of the European Union | C 133/16 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/16

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Special Report 09/2020

The EU core road network: shorter travel times but network not yet fully functional

(2020/C 133/09)

The European Court of Auditors hereby informs you that Special Report 09/2020 The EU core road network: shorter travel times but network not yet fully functional has just been published.

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

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V Announcements

OTHER ACTS

European Commission

| 24.4.2020 | EN | Official Journal of the European Union | C 133/17 |
| --- | --- | --- | --- |

24.4.2020

EN

Official Journal of the European Union

C 133/17

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OTHER LEGISLATION EUROPEAN COMMITTEE

Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2020/C 133/10)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATING THE APPROVAL OF A STANDARD AMENDMENT

‘Felső-Magyarország/Felső-Magyarországi’

Reference number PGI-HU-A1329-AM03

Date of communication: 7.2.2020

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1.   Changing the maximum yield to 160 hl/ha of new wine on the lees for the wine and aerated semi-sparkling wine product types

| (a) | Product specification headings affected:






  — | V. Maximum yields |
| --- | --- | --- |

(a)

Product specification headings affected:

—

V. Maximum yields

| (b) | Single document headings affected:






  — | Wine-making practices – Maximum yields |
| --- | --- | --- |

(b)

Single document headings affected:

—

Wine-making practices – Maximum yields

| (c) | Thanks to advances in viticultural technology, the number of vines planted on new or renewed vineyards in the demarcated area is growing each year, with up to double the number of vines compared with vineyards that have yet to be modernised. As a result, higher-quality grape varieties can be grown and higher yields achieved on these vineyards. |
| --- | --- |

(c)

Thanks to advances in viticultural technology, the number of vines planted on new or renewed vineyards in the demarcated area is growing each year, with up to double the number of vines compared with vineyards that have yet to be modernised. As a result, higher-quality grape varieties can be grown and higher yields achieved on these vineyards.

2.   Inclusion of the Cabernet dorsa and Nero grape varieties among the Siller, rosé and red wine types

| (a) | Product specification headings affected:






  — | VI. Permitted grape varieties |
| --- | --- | --- |

(a)

Product specification headings affected:

—

VI. Permitted grape varieties

| (b) | Single document headings affected:






  — | Main grape variety (varieties) |
| --- | --- | --- |

(b)

Single document headings affected:

—

Main grape variety (varieties)

| (c) | The Cabernet dorsa and Nero grape varieties enable high-quality wine to be produced in the demarcated area. Wine producers in the area are already producing excellent-quality rosé, Siller and red wines from these varieties, which are regularly available on the market. Being able to use the protected geographical designation ‘Felső-Magyarország’ for these wines will further enhance the reputation of the designation. |
| --- | --- |

(c)

The Cabernet dorsa and Nero grape varieties enable high-quality wine to be produced in the demarcated area. Wine producers in the area are already producing excellent-quality rosé, Siller and red wines from these varieties, which are regularly available on the market. Being able to use the protected geographical designation ‘Felső-Magyarország’ for these wines will further enhance the reputation of the designation.

3.   Adding the indications ‘cuvée’ or ‘küvé’ and ‘jégbor’ (ice wine) to the list of restricted expressions

| (a) | Product specification headings affected:






  — | VIII. Further conditions |
| --- | --- | --- |

(a)

Product specification headings affected:

—

VIII. Further conditions

| (b) | Single document headings affected:






  — | Further conditions – restricted expressions |
| --- | --- | --- |

(b)

Single document headings affected:

—

Further conditions – restricted expressions

| (c) | Wine-makers have been producing these types of wine in the demarcated production area for decades now. Producers’ intention is to label their products more accurately for consumers by using these expressions. |
| --- | --- |

(c)

Wine-makers have been producing these types of wine in the demarcated production area for decades now. Producers’ intention is to label their products more accurately for consumers by using these expressions.

SINGLE DOCUMENT

1.   Name of the product

Felső-Magyarország

Felső-Magyarországi

2.   Geographical indication type

PGI – Protected Geographical Indication

3.   Categories of grapevine product

| 1. | Wine |
| --- | --- |

1.

Wine

4.   Description of the wine(s)

Muskotály (Muscat)

Lively, fresh white wine, of a colour characteristic of the variety used, with the distinctive fragrance and taste of muscat. Dry, semi-dry, semi-sweet or sweet wine.

*The maximum total alcoholic strength and maximum total sulphur dioxide are those laid down in EU legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 9,5 |
| Minimum total acidity | 4 g/l expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 18 |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

9,5

Minimum total acidity

4 g/l expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

18

Maximum total sulphur dioxide (in milligrams per litre)

Siller

A dry wine, made from blue grapes, containing more colouring matter and deeper in colour, more robust and more acidic than rosé wines, with fruity and spicy aromas perceptible in both its fragrance and taste.

*The maximum total alcoholic strength and maximum total sulphur dioxide are those laid down in EU legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 9,5 |
| Minimum total acidity | 4 g/l expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 18 |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

9,5

Minimum total acidity

4 g/l expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

18

Maximum total sulphur dioxide (in milligrams per litre)

Rosé

Made from blue grapes, of a colour ranging from that of onion skin through to bright pink, with lively, fresh fruity fragrances and flavours and in some cases floral aromas; an exuberant wine with light, playful acids; dry, semi-dry, semi-sweet or sweet.

*The maximum total alcoholic strength and maximum total sulphur dioxide are those laid down in EU legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 9,5 |
| Minimum total acidity | 4 g/l expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 18 |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

9,5

Minimum total acidity

4 g/l expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

18

Maximum total sulphur dioxide (in milligrams per litre)

White

Lively and fresh in character, with a long finish, varietal wines are of a colour characteristic of the variety used, with fruity and other fragrances and tastes. The white wine can be made in such a way that it can be classified as dry, semi-dry, semi-sweet or sweet.

*The maximum total alcoholic strength and maximum total sulphur dioxide are those laid down in EU legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 9,5 |
| Minimum total acidity | 4 g/l expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 18 |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

9,5

Minimum total acidity

4 g/l expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

18

Maximum total sulphur dioxide (in milligrams per litre)

Red

The varietal wines have colours, fragrances and tastes characteristic of the variety used, with rounded acids; coupage wines have a tannin content reflecting the relative proportions of the varieties used and a velvety taste and body; these wines have fruity and spicy aromas and range from dry to sweet.

*The maximum total alcoholic strength and maximum total sulphur dioxide are those laid down in EU legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | 9,5 |
| Minimum total acidity | 4 g/l expressed as tartaric acid |
| Maximum volatile acidity (in milliequivalents per litre) | 20 |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

9,5

Minimum total acidity

4 g/l expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre)

20

Maximum total sulphur dioxide (in milligrams per litre)

5.   Wine-making practices

a.   Essential oenological practices

Mandatory oenological practices (1)

Relevant restriction on making the wines

| 1. | Muskotály (Muscat)






  — | the grapes must be processed on the day on which they are harvested, |
| --- | --- | --- |

1.

Muskotály (Muscat)

—

the grapes must be processed on the day on which they are harvested,

| — | pressing may be carried out only in batch presses, |
| --- | --- |

—

pressing may be carried out only in batch presses,

| — | the must has to be purified, |
| --- | --- |

—

the must has to be purified,

| — | rules on coupage: the Cserszegi fűszeres, Irsai Olivér, Ottonel muskotály, Sárga muskotály, Csaba gyöngye, Hamburgi muskotály, Zefír or Mátrai muskotály varieties must account jointly or separately for at least 85 % of the wine. |
| --- | --- |

—

rules on coupage: the Cserszegi fűszeres, Irsai Olivér, Ottonel muskotály, Sárga muskotály, Csaba gyöngye, Hamburgi muskotály, Zefír or Mátrai muskotály varieties must account jointly or separately for at least 85 % of the wine.

Mandatory oenological practices (2)

Relevant restriction on making the wines

| 2. | Siller






  — | the grape pulp must be fermented on the skins, |
| --- | --- | --- |

2.

Siller

—

the grape pulp must be fermented on the skins,

| — | pressing may be carried out only in batch presses. |
| --- | --- |

—

pressing may be carried out only in batch presses.

| 3. | Rosé






  — | the grapes must be processed on the day on which they are harvested, |
| --- | --- | --- |

3.

Rosé

—

the grapes must be processed on the day on which they are harvested,

| — | pressing may be carried out only in batch presses, |
| --- | --- |

—

pressing may be carried out only in batch presses,

| — | the must has to be purified. |
| --- | --- |

—

the must has to be purified.

| 4. | White






  — | the grapes must be processed on the day on which they are harvested, |
| --- | --- | --- |

4.

White

—

the grapes must be processed on the day on which they are harvested,

| — | pressing may be carried out only in batch presses, |
| --- | --- |

—

pressing may be carried out only in batch presses,

| — | the must has to be purified. |
| --- | --- |

—

the must has to be purified.

| 5. | Red






  — | pressing may be carried out only in batch presses. |
| --- | --- | --- |

5.

Red

—

pressing may be carried out only in batch presses.

Vine cultivation method and spacing

Cultivation practice

| (a) | Rules on training the vine:






  (i) | With regard to existing vineyards: Grapes suited to the production of wine under the PGI may be harvested from any vineyard regardless of cultivation method, as long as the vineyard is in operation. |
| --- | --- | --- |

(a)

Rules on training the vine:

(i)

With regard to existing vineyards: Grapes suited to the production of wine under the PGI may be harvested from any vineyard regardless of cultivation method, as long as the vineyard is in operation.

| (ii) | With regard to new vineyards: Guyot, high cordon, medium-high cordon, low cordon, umbrella, single curtain, fan, head- and gobelet training. |
| --- | --- |

(ii)

With regard to new vineyards: Guyot, high cordon, medium-high cordon, low cordon, umbrella, single curtain, fan, head- and gobelet training.

| (b) | Rules on vine density in the vineyard






  (i) | With regard to existing vineyards: Grapes suited to the production of wine under the PGI may be harvested from any vineyard regardless of plantation density, as long as the vineyard is in operation. |
| --- | --- | --- |

(b)

Rules on vine density in the vineyard

(i)

With regard to existing vineyards: Grapes suited to the production of wine under the PGI may be harvested from any vineyard regardless of plantation density, as long as the vineyard is in operation.

| (ii) | With regard to new vineyards:






  — | vine density of at least 3 300 vines/ha; |
| --- | --- | --- |

(ii)

With regard to new vineyards:

—

vine density of at least 3 300 vines/ha;

| — | distance between vines of at least 0,8 m. |
| --- | --- |

—

distance between vines of at least 0,8 m.

Harvest and vine quality

Cultivation practice

| 1. | Method of harvest: manual or mechanical |
| --- | --- |

1.

Method of harvest: manual or mechanical

| 2. | Setting the date of the harvest: no date of earliest harvest specified. |
| --- | --- |

2.

Setting the date of the harvest: no date of earliest harvest specified.

| 3. | Minimum sugar content of grapes (expressed in potential alcohol strength): 8,0 %vol (13,4 °Hungarian must grade) |
| --- | --- |

3.

Minimum sugar content of grapes (expressed in potential alcohol strength): 8,0 %vol (13,4 °Hungarian must grade)

b.   Maximum yields

160 hl/ha

manual harvest

21 000 kg of grapes per hectare

mechanical harvest

20 500 kg of grapes per hectare

6.   Demarcated geographical area

Areas of Borsod-Abaúj-Zemplén, Heves and Nógrád Counties that are classified as Class I and II according to the vineyard cadastre

7.   Main grape varieties

rajnai rizling – rheinriesling

királyleányka – little princess

cabernet franc – kaberne fran

bíbor kadarka

merlot

kabar

nero

leányka – feteasca alba

zéta

pinot blanc – pinot beluj

cabernet dorsa

zalagyöngye

zengő

furmint – furmint bianco

medina

cabernet sauvignon

chardonnay – ronci bilé

bouvier

menoire

cserszegi fűszeres

zenit

csabagyöngye – pearl of csaba

alibernet

sauvignon – sauvignon blanc

juhfark – lämmerschwantz

kadarka – negru moale

sárga muskotály – weisser

ezerfürtű

chasselas – chrupka belia

turán

mézes

kékoportó – portugais bleu

viognier

tramini – gewürtztraminer

ottonel muskotály – miszket otonel

pinot noir – spätburgunder

mátrai muskotály

zöld szilváni – silvanec zeleni

bianca

zöld veltelíni – zöldveltelíni

kerner

blauburger

gyöngyrizling

syrah – sirac

rizlingszilváni – rivaner

kékfrankos – moravka

zweigelt – blauer zweigeltrebe

semillon – petit semillon

kármin

olasz rizling – olaszrizling

szürkebarát – graumönch

kövérszőlő – grasa de cotnari

csókaszőlő

irsai olivér – zolotisztüj rannüj

zefír

hamburgi muskotály – muszkat gamburgszkij

hárslevelű – garszleveljü

8.   Description of the link(s)

The general climate conditions of the Felső-Magyarország (Upper Hungary) region are influenced above all by the region’s proximity to the Northern Hungarian Uplands. These provide protection from winter frosts, and the cool nights brought about by the ‘mountain wind’ after warm summer and autumn days ensure that the grapes retain a refined and elegant acidity and their primary fruity aromas. That is why the wines produced in this area have a lively acidity and long finish. The red wines have a relatively low tannin content.

The region is suited to the production of white wines that are either light but have a long finish, or dense, robust and rich. Rich, rosé and Siller wines and lighter or more robust red wines suited to or requiring longer maturation can also be found.

9.   Essential further conditions (packaging, labelling, other requirements)

Legal framework:

In national legislation

Type of further condition:

Derogation on production in the demarcated geographical area

Description of the condition:

Within Pest County, Jász-Nagykun-Szolnok County, Hajdú-Bihar County, and Szabolcs-Szatmár-Bereg County

Use of the word ‘tájbor’ (regional wine)

Legal framework:

In national legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The following may be displayed as a synonym of the protected geographical indication: ‘tájbor’ (regional wine)

Restricted expressions:

Legal framework:

By an organisation which manages the PDO/PGI, where foreseen by Member States

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

| (i) | Muskotály (Muscat): ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area) |
| --- | --- |

(i)

Muskotály (Muscat): ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area)

| (ii) | Siller: ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé |
| --- | --- |

(ii)

Siller: ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé

| (iii) | Rosé: ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé |
| --- | --- |

(iii)

Rosé: ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé

| (iv) | White: ‘barrique’, ‘fahordós érlelésű bor’ (wine aged in wooden barrels), ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé, jégbor (ice wine) |
| --- | --- |

(iv)

White: ‘barrique’, ‘fahordós érlelésű bor’ (wine aged in wooden barrels), ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé, jégbor (ice wine)

| (v) | Red: ‘barrique’, ‘fahordós érlelésű bor’ (wine aged in wooden barrels), ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé, jégbor (ice wine) |
| --- | --- |

(v)

Red: ‘barrique’, ‘fahordós érlelésű bor’ (wine aged in wooden barrels), ‘első szüret’ (first harvest), ‘virgin vintage’, ‘újbor’ (new wine), ‘primőr’ (primeur), ‘termőhelyen palackozva’ (bottled in the production area), cuvée, küvé, jégbor (ice wine)

Link to the product specification

https://boraszat.kormany.hu/admin/download/0/3c/82000/FELSO-MAGYARORSZAG_v1_standard.pdf

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(1)  OJ L 9, 11.1.2019, p. 2.

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