# Official Journal C 140/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.140.eng |
| --- | --- |
| Official Journal
  of the European Union | C 140 |
| | |
| English edition | Information and Notices | Volume 5618 May 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.140.eng

Official Journal

of the European Union

C 140

English edition

Information and Notices

Volume 5618 May 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 140/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 140/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 140/02 | Euro exchange rates | 6 |
| 2013/C 140/03 | Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network (Publication of titles and references of Community specifications under the Regulation)
   (
  1
  ) | 7 |
| 2013/C 140/04 | Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 November 2012 regarding a draft decision relating to Case COMP/39.839 (1) — Telefónica and Portugal Telecom — Rapporteur: Latvia | 8 |
| 2013/C 140/05 | Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 21 January 2013 regarding a draft decision relating to Case COMP/39.839 (2) — Telefónica and Portugal Telecom — Rapporteur: Latvia | 9 |
| 2013/C 140/06 | Final Report of the Hearing Officer — COMP/39.839 — Telefónica/Portugal Telecom | 10 |
| 2013/C 140/07 | Summary of Commission Decision of 23 January 2013 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (Case COMP/39.839 — Telefónica/Portugal Telecom) (notified under document C(2013) 306 final) | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 140/02

Euro exchange rates

6

2013/C 140/03

Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network (Publication of titles and references of Community specifications under the Regulation)
   (
  1
  )

(Publication of titles and references of Community specifications under the Regulation)

1

7

2013/C 140/04

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 November 2012 regarding a draft decision relating to Case COMP/39.839 (1) — Telefónica and Portugal Telecom — Rapporteur: Latvia

8

2013/C 140/05

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 21 January 2013 regarding a draft decision relating to Case COMP/39.839 (2) — Telefónica and Portugal Telecom — Rapporteur: Latvia

9

2013/C 140/06

Final Report of the Hearing Officer — COMP/39.839 — Telefónica/Portugal Telecom

10

2013/C 140/07

Summary of Commission Decision of 23 January 2013 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (Case COMP/39.839 — Telefónica/Portugal Telecom) (notified under document C(2013) 306 final)

(notified under document C(2013) 306 final)

11

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2013/C 140/08 | Preparatory action Circulation of films in the digital era — Call for proposals 2013 | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 140/09 | Prior notification of a concentration (Case COMP/M.6866 — Time Warner/CME) (
  1
  ) | 16 |
| | OTHER ACTS |
| | European Commission |
| 2013/C 140/10 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 17 |
| 2013/C 140/11 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 20 |
| 2013/C 140/12 | Publication pursuant to Article 18(2) of Commission Regulation (EC) No 1898/2006 of the single document on a designation of origin or a geographical indication registered under Commission Regulation (EC) No 1107/96 in accordance with Article 17 of Council Regulation (EEC) No 2081/92 | 27 |
| 2013/C 140/13 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 29 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2013/C 140/08

Preparatory action Circulation of films in the digital era — Call for proposals 2013

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 140/09

Prior notification of a concentration (Case COMP/M.6866 — Time Warner/CME) (
  1
  )

1

16

OTHER ACTS

European Commission

2013/C 140/10

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

17

2013/C 140/11

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

20

2013/C 140/12

Publication pursuant to Article 18(2) of Commission Regulation (EC) No 1898/2006 of the single document on a designation of origin or a geographical indication registered under Commission Regulation (EC) No 1107/96 in accordance with Article 17 of Council Regulation (EEC) No 2081/92

27

2013/C 140/13

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

29

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 18.5.2013 | EN | Official Journal of the European Union | C 140/1 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 140/01

| Date of adoption of the decision | 20.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.35135 (12/N) |
| Member State | Germany |
| Region | Thueringen | — |
| Title (and/or name of the beneficiary) | Multifunktionsarena der Stadt Erfurt |
| Legal basis | 1. | Koordinierungsrahmen der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ ab 2009, Teil B |

Date of adoption of the decision

20.3.2013

Reference number of State Aid

SA.35135 (12/N)

Member State

Germany

Region

Thueringen

—

Title (and/or name of the beneficiary)

Multifunktionsarena der Stadt Erfurt

Legal basis

1.

Koordinierungsrahmen der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ ab 2009, Teil B

| 2. | Richtlinie des Freistaats Thüringen für die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GRW), Teil II |
| --- | --- |

2.

Richtlinie des Freistaats Thüringen für die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GRW), Teil II

| 3. | Thüringer Landeshaushaltsordnung (ThürLHO) |
| --- | --- |

3.

Thüringer Landeshaushaltsordnung (ThürLHO)

| 4. | Thüringer Vewaltungsverfahrensgesetz (ThürVwVerfG) |
| --- | --- |

4.

Thüringer Vewaltungsverfahrensgesetz (ThürVwVerfG)

Type of measure

Individual aid

Stadion-Betreibergesellschaft

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 29,48 million

Intensity

84 %

Duration (period)

—

Economic sectors

Amusement and recreation activities, Organisation of conventions and trade shows, Sports activities

Name and address of the granting authority

| Thüringer Aufbaubank |
| --- |
| Gorkistraße 9 |
| 99084 Erfurt |
| DEUTSCHLAND |

Thüringer Aufbaubank

Gorkistraße 9

99084 Erfurt

DEUTSCHLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 20.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.35440 (12/N) |
| Member State | Germany |
| Region | Thueringen | — |
| Title (and/or name of the beneficiary) | Multifunktionsarena der Stadt Jena |
| Legal basis | 1. | Koordinierungsrahmen der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ ab 2009, Teil B |

Date of adoption of the decision

20.3.2013

Reference number of State Aid

SA.35440 (12/N)

Member State

Germany

Region

Thueringen

—

Title (and/or name of the beneficiary)

Multifunktionsarena der Stadt Jena

Legal basis

1.

Koordinierungsrahmen der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ ab 2009, Teil B

| 2. | Richtlinie des Freistaats Thüringen für die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GRW), Teil II |
| --- | --- |

2.

Richtlinie des Freistaats Thüringen für die Gewährung von Zuwendungen aus Mitteln der Gemeinschaftsaufgabe „Verbesserung der regionalen Wirtschaftsstruktur“ (GRW), Teil II

| 3. | Thüringer Landeshaushaltsordnung (ThürLHO) |
| --- | --- |

3.

Thüringer Landeshaushaltsordnung (ThürLHO)

| 4. | Thüringer Verwaltungsverfahrensgesetz (ThürVwVerfG) |
| --- | --- |

4.

Thüringer Verwaltungsverfahrensgesetz (ThürVwVerfG)

Type of measure

Individual aid

Stadt Jena

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 34,45 million

Intensity

100 %

Duration (period)

—

Economic sectors

Organisation of conventions and trade shows, Sports activities and amusement and recreation activities

Name and address of the granting authority

| Thüringer Aufbaubank |
| --- |
| Gorkistraße 9 |
| 99084 Erfurt |
| DEUTSCHLAND |

Thüringer Aufbaubank

Gorkistraße 9

99084 Erfurt

DEUTSCHLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 13.5.2013 |
| --- | --- |
| Reference number of State Aid | SA.36027 (13/N) |
| Member State | Italy |
| Region | Valle d'Aosta | Mixed |
| Title (and/or name of the beneficiary) | Organizzazione delle attività regionali di protezione civile — contributi al settore delle attività produttive |
| Legal basis | | Legge regionale 18 gennaio 2001, n. 5 «Organizzazione delle attività regionali di protezione civile» |

Date of adoption of the decision

13.5.2013

Reference number of State Aid

SA.36027 (13/N)

Member State

Italy

Region

Valle d'Aosta

Mixed

Title (and/or name of the beneficiary)

Organizzazione delle attività regionali di protezione civile — contributi al settore delle attività produttive

Legal basis

Legge regionale 18 gennaio 2001, n. 5 «Organizzazione delle attività regionali di protezione civile»

| | Delibera di Giunta regionale n. 2377 del 12 luglio 2004 |
| --- | --- |

Delibera di Giunta regionale n. 2377 del 12 luglio 2004

| | Delibera di Giunta regionale n. 2378 del 12 luglio 2004 |
| --- | --- |

Delibera di Giunta regionale n. 2378 del 12 luglio 2004

| | Delibera di Giunta regionale n. 3509 dell'11 ottobre 2004 |
| --- | --- |

Delibera di Giunta regionale n. 3509 dell'11 ottobre 2004

| | Delibera di Giunta regionale n. 2705 del 2 ottobre 2009 |
| --- | --- |

Delibera di Giunta regionale n. 2705 del 2 ottobre 2009

Type of measure

Scheme

—

Objective

Compensation of damages caused by natural disaster

Form of aid

Direct grant

Budget

Overall budget: EUR 1,50 million

Intensity

70 %

Duration (period)

Until 31.12.2018

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

| Regione autonoma |
| --- |
| Valle d'Aosta Piazza Deffeyes 1 |
| 11100 Aosta AO |
| ITALIA |

Regione autonoma

Valle d'Aosta Piazza Deffeyes 1

11100 Aosta AO

ITALIA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 15.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.36092 (13/N) |
| Member State | Italy |
| Region | Emilia-Romagna | — |
| Title (and/or name of the beneficiary) | Aiuto al salvataggio di RDB SpA in A.S. |
| Legal basis | A. | D.L. 30.1.1979, n. 26 (convertito in L. 3.4.1979, n. 95), Provvedimenti urgenti per l'amministrazione straordinaria di grandi imprese in crisi (cfr. art. 2-bis); |

Date of adoption of the decision

15.3.2013

Reference number of State Aid

SA.36092 (13/N)

Member State

Italy

Region

Emilia-Romagna

—

Title (and/or name of the beneficiary)

Aiuto al salvataggio di RDB SpA in A.S.

Legal basis

A.

D.L. 30.1.1979, n. 26 (convertito in L. 3.4.1979, n. 95), Provvedimenti urgenti per l'amministrazione straordinaria di grandi imprese in crisi (cfr. art. 2-bis);

| B. | D.M. 23.12.2004, n. 319, Regolamento recante le condizioni e le modalità di prestazione della garanzia statale sui finanziamenti a favore delle grandi imprese in stato di insolvenza, ai sensi dell'art. 101 del D. Lgs. 8 luglio 1999, n. 270; |
| --- | --- |

B.

D.M. 23.12.2004, n. 319, Regolamento recante le condizioni e le modalità di prestazione della garanzia statale sui finanziamenti a favore delle grandi imprese in stato di insolvenza, ai sensi dell'art. 101 del D. Lgs. 8 luglio 1999, n. 270;

| C. | D.L. 23.12.2003, n. 347 (convertito in L. 18.2.2004, n. 39), Misure urgenti per la ristrutturazione industriale di grandi imprese in stato di insolvenza; |
| --- | --- |

C.

D.L. 23.12.2003, n. 347 (convertito in L. 18.2.2004, n. 39), Misure urgenti per la ristrutturazione industriale di grandi imprese in stato di insolvenza;

| D. | D. LGS. 8.7.1999, n. 270, Nuova disciplina delle grandi imprese in stato di insolvenza, a norma dell'art. 1 della legge 30 luglio 1998, n. 274. |
| --- | --- |

D.

D. LGS. 8.7.1999, n. 270, Nuova disciplina delle grandi imprese in stato di insolvenza, a norma dell'art. 1 della legge 30 luglio 1998, n. 274.

Type of measure

Individual aid

RDB Terrecote Srl in AS, RDB SpA in A.S., RDB Hebel SpA in AS

Objective

Rescuing firms in difficulty

Form of aid

Guarantee

Budget

Overall budget: EUR 25 million

Intensity

100 %

Duration (period)

1.5.2013-1.11.2013

Economic sectors

Construction

Name and address of the granting authority

| Ministero dello Sviluppo Economico |
| --- |
| Via Veneto 33 |
| 00187 Roma RM |
| ITALIA |

Ministero dello Sviluppo Economico

Via Veneto 33

00187 Roma RM

ITALIA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 27.2.2013 |
| --- | --- |
| Reference number of State Aid | SA.36127 (13/N) |
| Member State | Austria |
| Region | — | — |
| Title (and/or name of the beneficiary) | Privatrundfunksfonds (PRRF); Fonds zur Förderung des privaten Rundfunks |
| Legal basis | §§ 30 bis 32 KommAustria Gesetz (KOG), Richtlinien über die Gewährung von Mitteln aus dem Fonds zur Förderung des privaten Rundfunks. |
| Type of measure | Scheme | — |
| Objective | Culture, Heritage conservation, Innovation, Sectoral development, Training |
| Form of aid | Direct grant |
| Budget | | Overall budget: EUR 30 million |

Date of adoption of the decision

27.2.2013

Reference number of State Aid

SA.36127 (13/N)

Member State

Austria

Region

—

—

Title (and/or name of the beneficiary)

Privatrundfunksfonds (PRRF); Fonds zur Förderung des privaten Rundfunks

Legal basis

§§ 30 bis 32 KommAustria Gesetz (KOG), Richtlinien über die Gewährung von Mitteln aus dem Fonds zur Förderung des privaten Rundfunks.

Type of measure

Scheme

—

Objective

Culture, Heritage conservation, Innovation, Sectoral development, Training

Form of aid

Direct grant

Budget

Overall budget: EUR 30 million

| | Annual budget: EUR 15 million |
| --- | --- |

Annual budget: EUR 15 million

Intensity

65 %

Duration (period)

1.3.2013-31.12.2014

Economic sectors

Radio broadcasting, Television programming and broadcasting activities, Programming and broadcasting activities, Motion picture, video and television programme activities

Name and address of the granting authority

| Dr. Alfred GRINSCHGL |
| --- |
| Mariahilferstraße 77-79 |
| 1060 Wien |
| ÖSTERREICH |

Dr. Alfred GRINSCHGL

Mariahilferstraße 77-79

1060 Wien

ÖSTERREICH

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 18.5.2013 | EN | Official Journal of the European Union | C 140/6 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/6

---

Euro exchange rates (1)

17 May 2013

2013/C 140/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2869 |
| JPY | Japanese yen | 131,87 |
| DKK | Danish krone | 7,4524 |
| GBP | Pound sterling | 0,84475 |
| SEK | Swedish krona | 8,5922 |
| CHF | Swiss franc | 1,2449 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5393 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,989 |
| HUF | Hungarian forint | 290,56 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6993 |
| PLN | Polish zloty | 4,1704 |
| RON | Romanian leu | 4,3370 |
| TRY | Turkish lira | 2,3646 |
| AUD | Australian dollar | 1,3216 |
| CAD | Canadian dollar | 1,3220 |
| HKD | Hong Kong dollar | 9,9911 |
| NZD | New Zealand dollar | 1,5917 |
| SGD | Singapore dollar | 1,6156 |
| KRW | South Korean won | 1 437,84 |
| ZAR | South African rand | 12,0764 |
| CNY | Chinese yuan renminbi | 7,9040 |
| HRK | Croatian kuna | 7,5710 |
| IDR | Indonesian rupiah | 12 554,93 |
| MYR | Malaysian ringgit | 3,8890 |
| PHP | Philippine peso | 52,964 |
| RUB | Russian rouble | 40,3876 |
| THB | Thai baht | 38,324 |
| BRL | Brazilian real | 2,6100 |
| MXN | Mexican peso | 15,8403 |
| INR | Indian rupee | 70,6060 |

Currency

Exchange rate

USD

US dollar

1,2869

JPY

Japanese yen

131,87

DKK

Danish krone

7,4524

GBP

Pound sterling

0,84475

SEK

Swedish krona

8,5922

CHF

Swiss franc

1,2449

ISK

Iceland króna

NOK

Norwegian krone

7,5393

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,989

HUF

Hungarian forint

290,56

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6993

PLN

Polish zloty

4,1704

RON

Romanian leu

4,3370

TRY

Turkish lira

2,3646

AUD

Australian dollar

1,3216

CAD

Canadian dollar

1,3220

HKD

Hong Kong dollar

9,9911

NZD

New Zealand dollar

1,5917

SGD

Singapore dollar

1,6156

KRW

South Korean won

1 437,84

ZAR

South African rand

12,0764

CNY

Chinese yuan renminbi

7,9040

HRK

Croatian kuna

7,5710

IDR

Indonesian rupiah

12 554,93

MYR

Malaysian ringgit

3,8890

PHP

Philippine peso

52,964

RUB

Russian rouble

40,3876

THB

Thai baht

38,324

BRL

Brazilian real

2,6100

MXN

Mexican peso

15,8403

INR

Indian rupee

70,6060

---

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

---

| 18.5.2013 | EN | Official Journal of the European Union | C 140/7 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/7

---

Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network (1)

(Publication of titles and references of Community specifications under the Regulation)

(Text with EEA relevance)

2013/C 140/03

| Organisation | Reference and title of the Community specification | Reference of superseded Community specification | Date of cessation of presumption of conformity of superseded Community specification |
| --- | --- | --- | --- |
| ETSI (2) | EN 303 213-1 V1.3.1
  Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 1: Community Specification for application under the Single European Sky Interoperability Regulation (EC) No 552/2004 for A-SMGCS Level 1 including external interfaces | EN 303 213-1 V1.2.1 | 1 April 2014 |
| ETSI | EN 303 213-2 V1.3.1
  Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 2: Community Specification for application under the Single European Sky Interoperability Regulation (EC) No 552/2004 for A-SMGCS Level 2 including external interfaces | EN 303 213-2 V1.1.1 | 1 April 2014 |

Organisation

Reference and title of the Community specification

Reference of superseded Community specification

Date of cessation of presumption of conformity of superseded Community specification

ETSI (2)

EN 303 213-1 V1.3.1

Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 1: Community Specification for application under the Single European Sky Interoperability Regulation (EC) No 552/2004 for A-SMGCS Level 1 including external interfaces

EN 303 213-1 V1.2.1

1 April 2014

ETSI

EN 303 213-2 V1.3.1

Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 2: Community Specification for application under the Single European Sky Interoperability Regulation (EC) No 552/2004 for A-SMGCS Level 2 including external interfaces

EN 303 213-2 V1.1.1

1 April 2014

---

(1)  OJ L 96, 31.3.2004, p. 26.

(2)  European Telecommunications Standards Institute: 650 route des Lucioles, 06921 Sophia Antipolis Cedex, France, tel. +33 492944200, fax +33 493654716, http://www.etsi.org

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/8 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/8

---

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 November 2012 regarding a draft decision relating to Case COMP/39.839 (1) — Telefónica and Portugal Telecom

Rapporteur: Latvia

2013/C 140/04

For the purpose of the questions below, the ‘clause’ means clause ninth of the stock purchase agreement entered into by Telefónica SA and Portugal Telecom SGPS SA (the ‘parties’) on 28 July 2010 (the ‘agreement’).

| 1. | The Advisory Committee agrees with the European Commission that the clause covers the Spanish and Portuguese markets for electronic communications and television services as identified in the draft decision. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission that the clause covers the Spanish and Portuguese markets for electronic communications and television services as identified in the draft decision.

| 2. | The Advisory Committee agrees with the Commission that the clause provides for a non-compete obligation (instead of a mere self-assessment obligation as alleged by the parties) and amounts to a restriction of competition by object. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the clause provides for a non-compete obligation (instead of a mere self-assessment obligation as alleged by the parties) and amounts to a restriction of competition by object.

| 3. | The Advisory Committee agrees with the Commission that the clause cannot be considered an ancillary restraint to the agreement. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the clause cannot be considered an ancillary restraint to the agreement.

| 4. | The Advisory Committee agrees with the Commission that the clause may affect trade between Member States. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the clause may affect trade between Member States.

| 5. | The Advisory Committee agrees with the Commission that the clause infringes Article 101(1) of the TFEU, that it does not fall under the exemption of Article 101(3) and that therefore the parties have infringed Article 101 of the TFEU. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the clause infringes Article 101(1) of the TFEU, that it does not fall under the exemption of Article 101(3) and that therefore the parties have infringed Article 101 of the TFEU.

| 6. | The Advisory Committee agrees with the Commission that the duration of the parties' infringement is four months (from 27 September 2010 until 4 February 2011). |
| --- | --- |

6.

The Advisory Committee agrees with the Commission that the duration of the parties' infringement is four months (from 27 September 2010 until 4 February 2011).

| 7. | The Advisory Committee agrees with the Commission that a fine should be imposed on the parties. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission that a fine should be imposed on the parties.

| 8. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

8.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| 9. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

9.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

---

| 18.5.2013 | EN | Official Journal of the European Union | C 140/9 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/9

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 21 January 2013 regarding a draft decision relating to Case COMP/39.839 (2) — Telefónica and Portugal Telecom

Rapporteur: Latvia

2013/C 140/05

| 1. | The majority of the Advisory Committee agrees with the Commission on the basic amount of the fines. A minority abstains. |
| --- | --- |

1.

The majority of the Advisory Committee agrees with the Commission on the basic amount of the fines. A minority abstains.

| 2. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances to be taken into account. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that there are no aggravating circumstances to be taken into account.

| 3. | The Advisory Committee agrees with the Commission that the termination of the infringement on 4 February 2011, 16 days after the opening of proceedings by the Commission, should be taken into account as a mitigating circumstance. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the termination of the infringement on 4 February 2011, 16 days after the opening of proceedings by the Commission, should be taken into account as a mitigating circumstance.

| 4. | The Advisory Committee agrees with the Commission that there are no mitigating circumstances other than the one indicated under point 3 to be taken into account. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that there are no mitigating circumstances other than the one indicated under point 3 to be taken into account.

| 5. | The majority of the Advisory Committee agrees with the Commission on the final amount of the fines. A minority abstains. |
| --- | --- |

5.

The majority of the Advisory Committee agrees with the Commission on the final amount of the fines. A minority abstains.

| 6. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

6.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

7.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/10 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/10

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Final Report of the Hearing Officer (1)

COMP/39.839 — Telefónica/Portugal Telecom

2013/C 140/06

| (1) | On 19 January 2011, the Commission decided to open proceedings within the meaning of Article 11(6) of Council Regulation (EC) No 1/2003 (2) and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) against Telefónica, SA and Portugal Telecom, SGPS, SA (‘PT’) in relation to a non-compete clause in the stock purchase agreement entered by the two companies with regard to the acquisition by Telefónica of sole control over a Brazilian mobile services operator, Vivo Participações, SA. |
| --- | --- |

(1)

On 19 January 2011, the Commission decided to open proceedings within the meaning of Article 11(6) of Council Regulation (EC) No 1/2003 (2) and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) against Telefónica, SA and Portugal Telecom, SGPS, SA (‘PT’) in relation to a non-compete clause in the stock purchase agreement entered by the two companies with regard to the acquisition by Telefónica of sole control over a Brazilian mobile services operator, Vivo Participações, SA.

| (2) | The non-compete clause had originally been detected by the Spanish competition authority. After consultations between the Spanish and the Portuguese competition authorities and the European Commission, it was decided that the Commission should deal with the investigation. Therefore, pursuant to Article 12 of Council Regulation (EC) No 1/2003, the Spanish competition authority transferred all the documents of the case to the Commission. |
| --- | --- |

(2)

The non-compete clause had originally been detected by the Spanish competition authority. After consultations between the Spanish and the Portuguese competition authorities and the European Commission, it was decided that the Commission should deal with the investigation. Therefore, pursuant to Article 12 of Council Regulation (EC) No 1/2003, the Spanish competition authority transferred all the documents of the case to the Commission.

| (3) | The Commission adopted a statement of objections (‘SO’) on 21 October 2011 and notified it to Telefónica and PT on 24 October 2011. Both parties were granted access to the file on 4 November 2011. The Commission had initially set 3 January 2012 as the deadline to reply to the SO. Upon request from the parties, this deadline was extended by eight working days. |
| --- | --- |

(3)

The Commission adopted a statement of objections (‘SO’) on 21 October 2011 and notified it to Telefónica and PT on 24 October 2011. Both parties were granted access to the file on 4 November 2011. The Commission had initially set 3 January 2012 as the deadline to reply to the SO. Upon request from the parties, this deadline was extended by eight working days.

| (4) | Both Telefónica and PT declined to exercise their right to request an oral hearing pursuant to Article 12(1) of Commission Regulation (EC) No 773/2004. Therefore, no oral hearing took place in this case. |
| --- | --- |

(4)

Both Telefónica and PT declined to exercise their right to request an oral hearing pursuant to Article 12(1) of Commission Regulation (EC) No 773/2004. Therefore, no oral hearing took place in this case.

| (5) | In the SO, the Commission reached the preliminary view that the non-compete clause in the stock purchase agreement between Telefónica and PT amounted to a market-sharing agreement with the object of restricting competition within the internal market in violation of Article 101 of the TFEU. |
| --- | --- |

(5)

In the SO, the Commission reached the preliminary view that the non-compete clause in the stock purchase agreement between Telefónica and PT amounted to a market-sharing agreement with the object of restricting competition within the internal market in violation of Article 101 of the TFEU.

| (6) | In the decision, the Commission rebuts the arguments put forward by the parties in their replies and confirms the findings reached in the SO. |
| --- | --- |

(6)

In the decision, the Commission rebuts the arguments put forward by the parties in their replies and confirms the findings reached in the SO.

| (7) | I have not received any complaint about the effective exercise of procedural rights by the parties to the proceedings. The draft decision does not contain any objections on which the parties have not had the opportunity to make known their views. In view thereof, I consider that all parties in the proceeding have been able to effectively exercise their procedural rights in this case. |
| --- | --- |

(7)

I have not received any complaint about the effective exercise of procedural rights by the parties to the proceedings. The draft decision does not contain any objections on which the parties have not had the opportunity to make known their views. In view thereof, I consider that all parties in the proceeding have been able to effectively exercise their procedural rights in this case.

Brussels, 21 January 2013.

Michael ALBERS

---

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU 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).

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

2

(3)  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).

3

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/11 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/11

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Summary of Commission Decision

of 23 January 2013

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union

(Case COMP/39.839 — Telefónica/Portugal Telecom)

(notified under document C(2013) 306 final)

(Only the English and Portuguese texts are authentic)

2013/C 140/07

1.   INTRODUCTION

| (1) | On 23 January 2013, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’). 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)

On 23 January 2013, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’). 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.

| (2) | The proceeding and decision concern a non-compete clause, which was included in the stock purchase agreement of 28 July 2010 (the ‘stock purchase agreement’) concluded by Telefónica, SA (Telefónica) and Portugal Telecom SGPS, SA (‘Portugal Telecom’), which gave Telefónica sole control over the Brazilian mobile operator Vivo, previously jointly owned by the parties (the ‘Vivo transaction’). |
| --- | --- |

(2)

The proceeding and decision concern a non-compete clause, which was included in the stock purchase agreement of 28 July 2010 (the ‘stock purchase agreement’) concluded by Telefónica, SA (Telefónica) and Portugal Telecom SGPS, SA (‘Portugal Telecom’), which gave Telefónica sole control over the Brazilian mobile operator Vivo, previously jointly owned by the parties (the ‘Vivo transaction’).

| (3) | The non-compete clause reads as follows:
  ‘Ninth — Non-compete — To the extent permitted by law, each party shall refrain from engaging or investing, directly or indirectly through any affiliate, in any project in the telecommunication business (including fixed and mobile services, Internet access and television services, but excluding any investment or activity currently held or performed as of the date hereof) that can be deemed to be in competition with the other within the Iberian market for a period starting on the date of closing [27 September 2010] until December 31, 2011.’ |
| --- | --- |

(3)

The non-compete clause reads as follows:

‘Ninth — Non-compete — To the extent permitted by law, each party shall refrain from engaging or investing, directly or indirectly through any affiliate, in any project in the telecommunication business (including fixed and mobile services, Internet access and television services, but excluding any investment or activity currently held or performed as of the date hereof) that can be deemed to be in competition with the other within the Iberian market for a period starting on the date of closing [27 September 2010] until December 31, 2011.’

| (4) | Following the opening of proceedings by the Commission on 19 January 2011, the parties removed the non-compete clause on 4 February 2011. |
| --- | --- |

(4)

Following the opening of proceedings by the Commission on 19 January 2011, the parties removed the non-compete clause on 4 February 2011.

2.   ADDRESSEES

| (5) | The decision is addressed to Telefónica, SA (Telefónica) and Portugal Telecom SGPS, SA (Portugal Telecom), who are parties to the stock purchase agreement which includes the non-compete clause. They are the parent companies of their respective group of companies. |
| --- | --- |

(5)

The decision is addressed to Telefónica, SA (Telefónica) and Portugal Telecom SGPS, SA (Portugal Telecom), who are parties to the stock purchase agreement which includes the non-compete clause. They are the parent companies of their respective group of companies.

| (6) | Telefónica and Portugal Telecom are the Spanish and Portuguese incumbent telecommunications operators in Spain and Portugal respectively. They have high market shares in most electronic communications markets in their Member State of origin, but only a limited presence in the other party's Member State of origin. |
| --- | --- |

(6)

Telefónica and Portugal Telecom are the Spanish and Portuguese incumbent telecommunications operators in Spain and Portugal respectively. They have high market shares in most electronic communications markets in their Member State of origin, but only a limited presence in the other party's Member State of origin.

3.   MAIN CONTENT OF THE DECISION

3.1.   Procedure

| (7) | On 19 January 2011, the Commission decided to initiate proceedings in the present case within the meaning of Article 2(1) of Council Regulation (EC) No 773/2004 (2) and Article 11(6) of Council Regulation (EC) No 1/2003. During the investigation, the Commission sent several requests for information pursuant to Article 18 of Regulation (EC) No 1/2003 to Telefónica, Portugal Telecom and certain of their multinational customers. |
| --- | --- |

(7)

On 19 January 2011, the Commission decided to initiate proceedings in the present case within the meaning of Article 2(1) of Council Regulation (EC) No 773/2004 (2) and Article 11(6) of Council Regulation (EC) No 1/2003. During the investigation, the Commission sent several requests for information pursuant to Article 18 of Regulation (EC) No 1/2003 to Telefónica, Portugal Telecom and certain of their multinational customers.

| (8) | On 21 October 2011, the Commission adopted a statement of objections (‘SO’). In the SO, the Commission took the preliminary view that Telefónica and Portugal Telecom had infringed Article 101 of the TFEU by entering into the non-compete clause, which amounts to a market-sharing agreement. |
| --- | --- |

(8)

On 21 October 2011, the Commission adopted a statement of objections (‘SO’). In the SO, the Commission took the preliminary view that Telefónica and Portugal Telecom had infringed Article 101 of the TFEU by entering into the non-compete clause, which amounts to a market-sharing agreement.

| (9) | Access to file was granted to Telefónica and Portugal Telecom on 4 November 2011. |
| --- | --- |

(9)

Access to file was granted to Telefónica and Portugal Telecom on 4 November 2011.

| (10) | Telefónica and Portugal Telecom submitted their respective replies to the SO on 13 January 2012. They did not request an oral hearing. |
| --- | --- |

(10)

Telefónica and Portugal Telecom submitted their respective replies to the SO on 13 January 2012. They did not request an oral hearing.

| (11) | The Advisory Committee on restrictive practices and dominant positions issued favourable opinions on 19 November 2012 and 21 January 2013. These opinions were issued pursuant to Article 14 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(11)

The Advisory Committee on restrictive practices and dominant positions issued favourable opinions on 19 November 2012 and 21 January 2013. These opinions were issued pursuant to Article 14 of Council Regulation (EC) No 1/2003.

3.2.   Relevant markets

| (12) | The decision finds that the non-compete clause and infringement covered: (a) all electronic communication services, with the exception of the markets for global telecommunication services and wholesale international carrier services, where both parties were present in the Iberian Peninsula at the date of the agreement and which refer to services in connection with multinational customers; and (b) television services, which are expressly mentioned by the non-compete clause. |
| --- | --- |

(12)

The decision finds that the non-compete clause and infringement covered: (a) all electronic communication services, with the exception of the markets for global telecommunication services and wholesale international carrier services, where both parties were present in the Iberian Peninsula at the date of the agreement and which refer to services in connection with multinational customers; and (b) television services, which are expressly mentioned by the non-compete clause.

| (13) | In this case, the precise limits of the relevant markets can be left open given the broad scope of the non-compete clause. In any event, the decision lists the different relevant markets in accordance with the lines identified in Commission Recommendation 2007/879/EC (3) and in accordance with previous Commission's decisions and case-law. |
| --- | --- |

(13)

In this case, the precise limits of the relevant markets can be left open given the broad scope of the non-compete clause. In any event, the decision lists the different relevant markets in accordance with the lines identified in Commission Recommendation 2007/879/EC (3) and in accordance with previous Commission's decisions and case-law.

| (14) | The relevant geographic markets are national in scope and refer to Spain and Portugal. |
| --- | --- |

(14)

The relevant geographic markets are national in scope and refer to Spain and Portugal.

| (15) | Telefónica and Portugal Telecom have made several submissions seeking to limit the scope of the non-compete clause. In particular, based on the wording ‘excluding any investment or activity currently held or performed as of the date hereof’, they have submitted that any markets where ZON (a Portuguese operator in which Telefónica held a 5,46 % stake at the time of the stock purchase agreement) is present should be excluded from the scope of the clause. They also submitted that any markets where competition from the other party would, in their view, not be a possibility (for example, wholesale markets due to high barriers of entry) should be excluded from the scope of the clause. |
| --- | --- |

(15)

Telefónica and Portugal Telecom have made several submissions seeking to limit the scope of the non-compete clause. In particular, based on the wording ‘excluding any investment or activity currently held or performed as of the date hereof’, they have submitted that any markets where ZON (a Portuguese operator in which Telefónica held a 5,46 % stake at the time of the stock purchase agreement) is present should be excluded from the scope of the clause. They also submitted that any markets where competition from the other party would, in their view, not be a possibility (for example, wholesale markets due to high barriers of entry) should be excluded from the scope of the clause.

| (16) | The decision rebuts these submissions. On the one hand, the decision finds that Telefónica cannot be considered to have performed the activities developed by ZON, as Telefónica did not control ZON. On the other hand, the decision notes that the non-compete clause prohibits the parties from engaging in activities and investments ‘that can be deemed to be in competition with the other’. This means that, in the event of entry by one party in a market where the other is already present, this market will be ‘caught’ by the clause, as the entrant would ‘be deemed to be in competition’ with the other party. In addition, Telefónica and Portugal Telecom should, as a minimum, be considered potential competitors in all markets for electronic communications and television services where they are present. |
| --- | --- |

(16)

The decision rebuts these submissions. On the one hand, the decision finds that Telefónica cannot be considered to have performed the activities developed by ZON, as Telefónica did not control ZON. On the other hand, the decision notes that the non-compete clause prohibits the parties from engaging in activities and investments ‘that can be deemed to be in competition with the other’. This means that, in the event of entry by one party in a market where the other is already present, this market will be ‘caught’ by the clause, as the entrant would ‘be deemed to be in competition’ with the other party. In addition, Telefónica and Portugal Telecom should, as a minimum, be considered potential competitors in all markets for electronic communications and television services where they are present.

3.3.   Infringement of Article 101 of the TFEU

| (17) | Telefónica and Portugal Telecom have argued that the non-compete clause merely provides for an obligation to self-assess the legality and scope of a separate non-compete agreement, which would be ancillary to the Vivo transaction. According to the parties, they each carried out such a self-assessment exercise and shared the results in two conference calls held on 26 and 29 October 2010, where they concluded that a non-compete agreement could not be justified. They argued that as a consequence of the self-assessment exercise and its results, the non-compete clause had been ‘exhausted’ as no other obligations could derive from it. |
| --- | --- |

(17)

Telefónica and Portugal Telecom have argued that the non-compete clause merely provides for an obligation to self-assess the legality and scope of a separate non-compete agreement, which would be ancillary to the Vivo transaction. According to the parties, they each carried out such a self-assessment exercise and shared the results in two conference calls held on 26 and 29 October 2010, where they concluded that a non-compete agreement could not be justified. They argued that as a consequence of the self-assessment exercise and its results, the non-compete clause had been ‘exhausted’ as no other obligations could derive from it.

| (18) | Contrary to the parties' allegations, the decision finds that the non-compete clause constitutes an infringement by object of Article 101(1) of the TFEU because of its very wording (which clearly provides for a non-compete obligation), the economic and legal context of which the clause forms part (e.g., the electronic communications markets, which are liberalised), and the actual conduct and behaviour of the parties (including, for example, the fact that they only removed the clause on 4 February 2011 via an agreement which, while setting out reasons for the removal of the clause, did not mention any self-assessment exercise or obligation). In particular, the decision carefully assesses the evidence provided by the parties regarding the content and results of the conference calls of 26 and 29 October 2010. The Commission finds this evidence insufficient and contradicted by the rest of the evidence in the Commission's file. |
| --- | --- |

(18)

Contrary to the parties' allegations, the decision finds that the non-compete clause constitutes an infringement by object of Article 101(1) of the TFEU because of its very wording (which clearly provides for a non-compete obligation), the economic and legal context of which the clause forms part (e.g., the electronic communications markets, which are liberalised), and the actual conduct and behaviour of the parties (including, for example, the fact that they only removed the clause on 4 February 2011 via an agreement which, while setting out reasons for the removal of the clause, did not mention any self-assessment exercise or obligation). In particular, the decision carefully assesses the evidence provided by the parties regarding the content and results of the conference calls of 26 and 29 October 2010. The Commission finds this evidence insufficient and contradicted by the rest of the evidence in the Commission's file.

| (19) | Moreover, the decision finds that the non-compete clause cannot be considered as a restraint ancillary to the Vivo transaction, as a non-compete obligation covering the entire Iberian Peninsula cannot, in any manner, be considered as being directly related to or necessary for the implementation of the stock purchase agreement for Vivo in Brazil. The decision also finds that at the time when the stock purchase agreement was signed there could not have been reasonable doubts as regards the status (i.e. ancillary or non-ancillary) of a non-compete commitment between the parties, which would have justified the need for a later self-assessment exercise in this connection. |
| --- | --- |

(19)

Moreover, the decision finds that the non-compete clause cannot be considered as a restraint ancillary to the Vivo transaction, as a non-compete obligation covering the entire Iberian Peninsula cannot, in any manner, be considered as being directly related to or necessary for the implementation of the stock purchase agreement for Vivo in Brazil. The decision also finds that at the time when the stock purchase agreement was signed there could not have been reasonable doubts as regards the status (i.e. ancillary or non-ancillary) of a non-compete commitment between the parties, which would have justified the need for a later self-assessment exercise in this connection.

| (20) | Telefónica and Portugal Telecom submitted that the non-compete clause produced no effects on the market. However, the decision finds that, in accordance with settled case-law, in cases of violations by object, there is no need to take into account the effects of the agreement for the purpose of applying Article 101(1) of the TFEU. |
| --- | --- |

(20)

Telefónica and Portugal Telecom submitted that the non-compete clause produced no effects on the market. However, the decision finds that, in accordance with settled case-law, in cases of violations by object, there is no need to take into account the effects of the agreement for the purpose of applying Article 101(1) of the TFEU.

| (21) | Thus, in view of the scope and nature of the non-compete clause, the decision finds that Telefónica and Portugal Telecom deliberately agreed to exclude or limit competition on each other's home markets. Therefore, the decision finds that the non-compete clause amounts to a market-sharing agreement and infringes Article 101(1) of the TFEU. |
| --- | --- |

(21)

Thus, in view of the scope and nature of the non-compete clause, the decision finds that Telefónica and Portugal Telecom deliberately agreed to exclude or limit competition on each other's home markets. Therefore, the decision finds that the non-compete clause amounts to a market-sharing agreement and infringes Article 101(1) of the TFEU.

| (22) | Finally, the decision finds that the non-compete clause does not fulfil the conditions for an exemption under Article 101(3) of the TFEU, as the parties have not proven any efficiency which could have been brought about by the clause. |
| --- | --- |

(22)

Finally, the decision finds that the non-compete clause does not fulfil the conditions for an exemption under Article 101(3) of the TFEU, as the parties have not proven any efficiency which could have been brought about by the clause.

3.4.   Duration of the infringement

| (23) | The infringement lasted from 27 September 2010, when the parties closed the Vivo transaction, until 4 February 2011, when the parties agreed to remove the non-compete clause. |
| --- | --- |

(23)

The infringement lasted from 27 September 2010, when the parties closed the Vivo transaction, until 4 February 2011, when the parties agreed to remove the non-compete clause.

3.5.   Fines

| (24) | Fines are imposed in this case. The calculation of the fine for each company is based on the 2006 Guidelines on Fines (4). As regards gravity, the decision takes due account of the fact that the non-compete clause was not kept secret by the parties, who published the clause in several ways and also notified it to the Brazilian regulators. In view of the specific circumstances of the case, the decision finds that to achieve deterrence it is proportionate and sufficient to take into account a low proportion of the value of sales. |
| --- | --- |

(24)

Fines are imposed in this case. The calculation of the fine for each company is based on the 2006 Guidelines on Fines (4). As regards gravity, the decision takes due account of the fact that the non-compete clause was not kept secret by the parties, who published the clause in several ways and also notified it to the Brazilian regulators. In view of the specific circumstances of the case, the decision finds that to achieve deterrence it is proportionate and sufficient to take into account a low proportion of the value of sales.

| (25) | In addition, the decision recognises as an attenuating circumstance the fact that the parties terminated the infringement rapidly. Indeed, the removal of the non-compete clause by the parties on 4 February 2011 took place only 16 days after the opening of proceedings by the Commission. |
| --- | --- |

(25)

In addition, the decision recognises as an attenuating circumstance the fact that the parties terminated the infringement rapidly. Indeed, the removal of the non-compete clause by the parties on 4 February 2011 took place only 16 days after the opening of proceedings by the Commission.

4.   OPERATIONAL PART OF THE DECISION

| (26) | The decision establishes that Telefónica and Portugal Telecom have infringed Article 101 of the TFEU by participating in a non-compete agreement, included as clause nine of the stock purchase agreement entered into by them on 28 July 2010. The duration of the infringement was from 27 September 2010 until 4 February 2011. |
| --- | --- |

(26)

The decision establishes that Telefónica and Portugal Telecom have infringed Article 101 of the TFEU by participating in a non-compete agreement, included as clause nine of the stock purchase agreement entered into by them on 28 July 2010. The duration of the infringement was from 27 September 2010 until 4 February 2011.

| (27) | The decision imposes the following fines on the parties for this infringement: (a) Telefónica: EUR 66 894 000; and (b) Portugal Telecom: EUR 12 290 000. |
| --- | --- |

(27)

The decision imposes the following fines on the parties for this infringement: (a) Telefónica: EUR 66 894 000; and (b) Portugal Telecom: EUR 12 290 000.

---

(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

(2)  Council 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 Treaty (OJ L 123, 27.4.2004, p. 18).

(3)  Commission Recommendation 2007/879/EC of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (OJ L 344, 28.12.2007, p. 65).

(4)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 (OJ C 210, 1.9.2006, p. 2).

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V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 18.5.2013 | EN | Official Journal of the European Union | C 140/14 |
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18.5.2013

EN

Official Journal of the European Union

C 140/14

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Preparatory action ‘Circulation of films in the digital era’ — Call for proposals 2013

2013/C 140/08

1.   Objectives

On 12 December 2012, the European Parliament adopted a EUR 2 million budget for the second year's operation of the preparatory action entitled ‘Circulation of films in the digital era’. The purpose of this action is to investigate innovative strategies for the dissemination of European films (cinema screenings, DVDs, video on demand, festivals, television channels, etc.).

The main aim is to establish conditions under which broadcasting media may more readily complement one another, so that European films can cross national borders more easily and reach a wider audience within the European Union.

2.   Eligible actions

The preparatory action will support projects designed to test the simultaneous (or virtually simultaneous) release of films across all media and in several European territories.

The projects — which will be restricted to European cinematographic works and to the distribution thereof within the EU Member States — must cover a significant number of films and territories.

This size-related parameter is essential if meaningful lessons are to be drawn from the preparatory action and if the latter is to be established as an aid to decision-makers within the public authorities and the European film industry.

Hence, projects must also include the organisation — at the end of the action — of a public meeting at which the main results of the investigations carried out and the lessons drawn from them will be presented to film workers and public authorities.

3.   Eligible applicants

In order to be eligible, proposals must be submitted by a consortium which meets the following three criteria:

| — | the consortium must include undertakings or organisations associated with the audiovisual markets (producers, sales agents, distributors, rights holders, marketing companies, cinemas, providers of video on demand, etc.), |
| --- | --- |

—

the consortium must include undertakings or organisations associated with the audiovisual markets (producers, sales agents, distributors, rights holders, marketing companies, cinemas, providers of video on demand, etc.),

| — | all the members (coordinators and partners) of the consortium must have their registered office in an EU Member State, |
| --- | --- |

—

all the members (coordinators and partners) of the consortium must have their registered office in an EU Member State,

| — | the consortium must include at least two sales agents. |
| --- | --- |

—

the consortium must include at least two sales agents.

The contribution applied for by the consortium may not exceed 70 % of total eligible project costs.

4.   Award criteria

Eligible applications will be awarded a mark (maximum points: 100) on the basis of the following weighting:

| | Award criterion No 1: quality of the activity content (50 points):







  — | number, diversity and complementary nature of the films and territories covered by the action (15 points), |
| --- | --- | --- |

Award criterion No 1: quality of the activity content (50 points):

—

number, diversity and complementary nature of the films and territories covered by the action (15 points),

| — | suitability of the marketing strategy (15 points), |
| --- | --- |

—

suitability of the marketing strategy (15 points),

| — | relevance of the strategies implemented in order to examine the issue of complementarity between territories and distribution sectors (15 points), |
| --- | --- |

—

relevance of the strategies implemented in order to examine the issue of complementarity between territories and distribution sectors (15 points),

| — | degree of innovation of the action (5 points). |
| --- | --- |

—

degree of innovation of the action (5 points).

| | Award criterion No 2: management of the project (50 points):







  — | quality of the applicant consortium (10 points), |
| --- | --- | --- |

Award criterion No 2: management of the project (50 points):

—

quality of the applicant consortium (10 points),

| — | quality of the project and consortium management plan (15 points), |
| --- | --- |

—

quality of the project and consortium management plan (15 points),

| — | quality of the proposed methodology for collecting, analysing and putting into perspective the results obtained (15 points), |
| --- | --- |

—

quality of the proposed methodology for collecting, analysing and putting into perspective the results obtained (15 points),

| — | cost/benefit of the proposed action (10 points). |
| --- | --- |

—

cost/benefit of the proposed action (10 points).

5.   Budget allocated to projects

EUR 1 994 000 will be available in connection with this call for proposals. The Commission's financial support may not exceed 70 % of the total eligible costs.

The financial contribution will be awarded in the form of a grant.

6.   Deadline for submission

Applications must be sent by 6 September 2013 at the latest to:

| European Commission |
| --- |
| Directorate-General for Education and Culture |
| Directorate E — Culture and Creativity |
| Unit E3 — Creative Europe Programme — MEDIA |
| Office: J-70 01/141 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Education and Culture

Directorate E — Culture and Creativity

Unit E3 — Creative Europe Programme — MEDIA

Office: J-70 01/141

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

7.   Full details

The work programme, guidelines and application forms may be obtained at the following address:

http://ec.europa.eu/media

Applications must comply with all the instructions set out in the guide, must be submitted by means of the forms supplied and must contain all the information and annexes referred to in the full text of the call for proposals.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 18.5.2013 | EN | Official Journal of the European Union | C 140/16 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/16

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Prior notification of a concentration

(Case COMP/M.6866 — Time Warner/CME)

(Text with EEA relevance)

2013/C 140/09

| 1. | On 8 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Time Warner Inc. (‘Time Warner’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Central European Media Enterprises Ltd (‘CME’, Bermuda). |
| --- | --- |

1.

On 8 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Time Warner Inc. (‘Time Warner’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Central European Media Enterprises Ltd (‘CME’, Bermuda).

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






  — | for Time Warner: film and television entertainment, television networks and magazine publishing; and, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Time Warner: film and television entertainment, television networks and magazine publishing; and,

| — | for CME: television broadcasting and other media sectors in Bulgaria, Czech Republic, Croatia, Romania, Slovak Republic, Slovenia, Hungary and Moldova. |
| --- | --- |

—

for CME: television broadcasting and other media sectors in Bulgaria, Czech Republic, Croatia, Romania, Slovak Republic, Slovenia, Hungary and Moldova.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6866 — Time Warner/CME, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6866 — Time Warner/CME, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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OTHER ACTS

European Commission

| 18.5.2013 | EN | Official Journal of the European Union | C 140/17 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/17

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Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

2013/C 140/10

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (2)

‘PURUVEDEN MUIKKU’

EC No: FI-PGI-0005-0989-19.04.2012

PGI ( X ) PDO ( )

1.   Name

‘Puruveden muikku’

2.   Member State or Third Country

Finland

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

| Class 1.7. | Fresh fish, molluscs and crustaceans and products derived therefrom |
| --- | --- |

Class 1.7.

Fresh fish, molluscs and crustaceans and products derived therefrom

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

The name ‘Puruveden muikku’ is used for vendace (Coregonus albula) caught in the Puruvesi lake basin situated in the north-eastern part of Lake Saimaa. This application concerns only fresh and frozen vendace. About 10 per cent of the vendace annually caught in Finland are ‘Puruveden muikku’.

The main characteristics of ‘Puruveden muikku’ are the following:

| — | The back of the ‘Puruveden muikku’ is a deep, dark green, and its sides are silver. It is noticeably more silver in colour compared to other vendace. |
| --- | --- |

—

The back of the ‘Puruveden muikku’ is a deep, dark green, and its sides are silver. It is noticeably more silver in colour compared to other vendace.

| — | Typical for ‘Puruveden muikku’ is its considerable annual variation in size, which marks it out from other vendace. After one growth season, its average length can vary from approximately 9 cm to some 21 cm. Similarly, its weight can vary between a few grams and up to approximately 20 grams. |
| --- | --- |

—

Typical for ‘Puruveden muikku’ is its considerable annual variation in size, which marks it out from other vendace. After one growth season, its average length can vary from approximately 9 cm to some 21 cm. Similarly, its weight can vary between a few grams and up to approximately 20 grams.

| — | The distinguishing feature of ‘Puruveden muikku’ is the softness of its backbone, which means it can be eaten without the bones being removed. |
| --- | --- |

—

The distinguishing feature of ‘Puruveden muikku’ is the softness of its backbone, which means it can be eaten without the bones being removed.

| — | The rigor mortis of ‘Puruveden muikku’ lasts for a shorter time than in other types of vendace. |
| --- | --- |

—

The rigor mortis of ‘Puruveden muikku’ lasts for a shorter time than in other types of vendace.

3.3.   Raw materials (for processed products only)

Not applicable.

3.4.   Feed (for products of animal origin only)

Not applicable.

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

The fish must be caught in the defined geographical area. The permitted catching methods are seine nets, fyke nets and net fishing.

The rigor mortis of ‘Puruveden muikku’ lasts for a shorter time than in other types of vendace. For this reason, and to ensure quality, the vendace are chilled using ice containers (0 °C-degree water), which must be done in connection with the catch in the defined geographical area.

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

Not applicable.

3.7.   Specific rules concerning labelling

Not applicable.

4.   Concise definition of the geographical area

The geographical area consists of Puruvesi, which is located in the area of the municipalities of Kerimäki, Punkaharju and Kesälahti in the Province of Eastern Finland. With a surface area of 416 km2, Puruvesi forms part of Lake Saimaa, Europe’s fourth largest lake.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

A striking feature of Puruvesi is the clarity of the water, which results in the silvery tones of the ‘Puruveden muikku’. As the water is so clear, light can penetrate very deeply into the waters of Puruvesi, to 20 metres, whereas elsewhere in Saimaa it only reaches 10 metres. Visibility depth can be as much as 12 metres.

Due to the clarity of Puruvesi water, primary production takes place both in the surface water and deep down, in a large, illuminated area in the lower level of the water. When it is light, the vendace form large shoals and descend to feed on animal plankton near the bottom of the lake. When there is less light, the dispersed shoals rise to feed on the surface water population on the surface and in the mid-water area.

Puruvesi is a gravel and sand beach basin, almost separate from other water bodies, and its content of brown humus washed in from the soil, which is typical for Finnish lakes, is extremely low. The quality of the water has also been classed as extremely low in nutrients. Due to its isolation, the currents are negligible in Puruvesi and the water remains in the lake for approximately 12 years.

Puruvesi has been known as a fishing area since the 14th century. Traditional seine fishing has been carried out for centuries based on the exceptional transparency of the lake water and the extensive primary production made possible by the clarity of the water. In summer, the surface waters are fished at dusk when the animal plankton are rising. By the end of summer the water has warmed up and the vendace seek colder and deeper waters, where they are caught using demersal seines. The dark autumn nights are generally the time for moonlight fishing, which is rare, but distinctive for the clear waters of Puruvesi, as this is the time when the vendace rise right up to the surface of the water.

Winter seine fishing became widespread a hundred years ago, and in some years over half of Finland’s winter vendace catch comes from Puruvesi. Seine fishing accounts for over 90 % of the fishermen’s total catch. The other permitted fishing methods are fyke nets and nets. Trawler fishing is banned in Puruvesi.

To ensure the sustainability of vendace stocks, the Finnish Game and Fisheries Research Institute annually monitors the status of vendace stocks. The fishing area of Puruvesi regulates fishing according to the Institute’s recommendations.

5.2.   Specificity of the product

‘Puruveden muikku’ is known throughout Finland for the softness of its bones. This makes it eminently suitable for eating without deboning, whether fried, smoked or in soup. ‘Puruveden muikku’ is also renowned for its silvery colour.

‘Puruveden muikku’ is characterised by its considerable variation in size, which is wholly dependent on the density of vendace stocks and the levels of animal plankton production. This annual variation in the volume of vendace stocks is very distinctive to Puruvesi.

The reputation of ‘Puruveden muikku’ is also based on the traditional fishing and processing methods used in the geographical area. For centuries, the art of locating and catching the fish has been handed down from one generation to another.

5.3.   Causal link between the geographical area and a specific quality, the reputation or other characteristic of the product

‘Puruveden muikku’ is recognisable by its silvery colouring, which is due to the exceptional clarity of Puruvesi water. The typical soft bones of ‘Puruveden muikku’, its considerable annual variation in size and its short period of rigor mortis are the result of its geographical environment: the clarity of the water; the primary production enabled by the transparency of the water; the isolation of the lake combined with the moraine and sand soil of the catchment area; and the river basin, which is relatively small with little swampland.

Among consumers, ‘Puruveden muikku’ is particularly well-known as a tasty fish for frying which can be eaten whole, bones included. In Finland, it is a well-known product that is much in demand and that has established itself firmly in particular at markets and events in different localities, such as the annual herring market in Helsinki and the world-famous opera festival in Savonlinna.

Puruvesi has been known as a fishing area since the 14th century, when groups of Karelian fishermen began using it for long-distance fishing expeditions. A written source has been found stating that ‘in 1543, fish were caught by 421 seine gangs in Lake Puruvesi. Although Olavinlinna Castle was situated between the two lakes Haukivesi and Pihlajavesi, both abundant in fish, the castle wardens sent seine gangs to Puruvesi to catch its tasty vendace’. In 1979, a doctoral thesis was published concerning vendace fishing in Puruvesi, with the title ‘On vendace fishing grounds’ (‘Muikkuapajilla’).

The link between the product and the geographical area is also based on the traditional methods used to catch ‘Puruveden muikku’ and the professional skills of fishermen in the area. Seine nets are encircling nets, which have preserved the same structure and method of operation over the centuries. In winter, in seine fishing grounds, seine nets are laid under the ice on the lake bottom. These fishing grounds are identified using local experience. Laying the nets in the fishing grounds requires the professional skills of local fishermen, as it must be done precisely according to landmarks so that the net does not catch in the rocks on the lake bottom.

One sign of the reputation of ‘Puruveden muikku’ is the Finnish Museum of Lake Fishing, founded in Kerimäki on the banks of Puruvesi.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (3))

http://www.mmm.fi/nimisuoja/puruvedenmuikku

---

(1)  OJ L 343, 14.12.2012, p. 1.

(2)  Replaced by Regulation (EU) No 1151/2012.

(3)  See footnote 2.

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/20 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/20

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Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

2013/C 140/11

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (2)

AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9

‘CAMEMBERT DE NORMANDIE’

EC No: FR-PDO-0217-01049-12.10.2012

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment

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

—



Name of product

—

☒

Description of product

—

☒

Geographical area

—

☒

Proof of origin

—

☒

Method of production

—

☒

Link

—

☒

Labelling

—

☒

National requirements

—



Other (to be specified)

2.   Type of amendment(s)

| — |  | Amendment to single document or summary sheet |
| --- | --- | --- |
| — | ☒ | Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published |
| — |  | Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006) |
| — |  | Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—



Amendment to single document or summary sheet

—

☒

Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—



Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—



Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s)

The following amendments are intended to highlight even more strongly the links between the characteristics and quality of the product and its geographical origin, and to protect the reputation of the ‘Camembert de Normandie’ PDO.

Description of product

The fact that ‘Camembert de Normandie’ is made from raw milk has been reiterated under point 2 (‘Description of product’). Corrections have also been made to the definition of the weight (net weight when packaged) and the organoleptic characteristics of the product.

Geographical area

The amended geographical area of ‘Camembert de Normandie’ now comprises 1 557 municipalities (1 678 municipalities falling within the previous geographical area have been excluded). The reduction in the size of the geographical area is the result of work done to strengthen links between the designation ‘Camembert de Normandie’ and grassland production systems in Normandy and to define the heartland of the designation and its characteristics (natural environment/uses). The reduction is also linked to a review of the conditions of production of the cheese, strengthening the link with the locality by introducing an obligation to use some cattle of the Normande breed and a predominantly forage-based diet to produce the milk. All of the municipalities in the amended geographical area comply fully with the new conditions of production set out in the specifications.

Proof of origin

The changes to paragraph 1 are linked to changes in national rules. In particular, provisions have been included for authorising operators so as to acknowledge their ability to meet the specification of the designation from which they wish to benefit.

A specific declaration is aimed at sanitary installations.

A provision concerning the necessary declarations concerning knowledge and monitoring of quantities permits the producer organisation to gather the requisite data.

The paragraphs on record-keeping and checks on the product have been expanded.

Method of production

Several points concerning the method of production have been clarified by providing a better description of the conditions under which the milk is traditionally produced and processed which contribute to the characteristics and reputation of the ‘Camembert de Normandie’.

Conditions of milk production

Given that Normandy is characterised by the Normande breed of cattle, the ‘Camembert de Normandie’ is to a certain extent produced using milk from Normande cows. As from 1 May 2017, these cows must make up at least 50 % of the dairy herd on each holding. The animals’ breed will be checked using the race code in the bovine passport 56 x 56.

The feeding conditions of the dairy cows are specified to ensure a predominantly forage-based diet. The cows graze for at least six months of the year. Holdings consist of least 0,33 ha of area under grass per dairy cow milked, of which at least 0,25 ha is pasturable and accessible from the milking facilities, and 2 ha of grassland per hectare of silage maize is used to feed the animals in the herd.

To strengthen the link with the locality, 80 % of the basic ration of the herd, expressed as dry matter, comes from the holding. Outside of the grazing periods, the dairy cows are supplied with hay on a daily basis. The amount of complementary feed provided is restricted to 1 800 kg per cow in the herd per calendar year. The specifications stipulate what sorts of fodder and complementary feed are authorised.

The nature of the milk used is specified. It is cow’s milk whose fat content has been standardised by skimming cream off part of the milk used and which is then combined with full cream milk. Creaming, involving the removal of cream once it has risen to the surface of the milk, is also possible. The milk cannot be stored for more than 72 hours from the first hour of milking until the start of maturation. The specifications stipulate the technical conditions for maturation of the milk and the raw milk processing lines, as well as the traceability conditions for the latter.

Conditions of cheese production

To better describe the way that the product is produced, the conditions for renneting, breaking up the curds and moulding and draining the cheese are specified. The number of passes for depositing the curds in the moulds has been increased from four to five.

The use of treatments and additives in cheese-making was governed by general rules.

However it became clear that some new techniques, including the use of treatments and additives, such as microfiltration or partial concentration of milk or enzymes for the maturing process, could have an impact on the characteristics of cheeses with designations of origin. In particular, certain enzyme additives appear to be incompatible with preservation of the key characteristics of PDO products.

It was therefore necessary to stipulate in designation of origin specifications the current practices regarding the use of treatments and additives for milk and in cheese production to prevent future practices not covered by the rules from undermining the cheeses’ characteristics.

The milk is renneted in a basin with a maximum capacity of 330 litres, which enables a volume of milk to coagulate which corresponds to the capacity of the moulding instruments. The specifications stipulate the conditions under which the cheese is renneted (maximum temperature and dosage).

The curds can be lightly broken up in a vertical plane using a curd knife prior to being placed in the mould. This is done up to two times in the basin.

The cheeses are moulded immediately after cutting. Decanting of the whey is prohibited. The curds are removed while in the basin, either using an automated mechanism, with the help of articulated moulding heads, or manually, by means of hemispherical ladles mounted on the end of an arm.

The curds are removed and then deposited in moulds in five movements, each deposit taking place at least 40 minutes after the previous one. The curds drain of their own accord in the moulds for at least 18 hours from the time of first deposition.

The traditional technique involves moulding by hand and drainage in individual static moulds placed directly on a grooved table.

From 1 May 2017 onwards, the cheeses are turned over once. After being turned over, they are covered with a metallic plate, which puts a light pressure on the cheese.

After salting, the cheese can be re-wiped prior to the start of ripening within a period not exceeding 24 hours.

Ripening and packaging of the cheese

Cheeses which have been ripened in a ripening room may not be packaged less than 13 days after the day on which the cheese is renneted. The cheeses may not leave the undertaking until the 17th day after renneting, and may not be delivered to customers until the 22nd day.

Link

This section of the specifications has been rewritten in accordance with the structure of the single document (specificity of the geographical area/specificity of the product/causal link between the geographical area and the quality or characteristics of the product) and supplemented to reflect the clarifications concerning the method of production and the traditional conditions for producing the milk and processing the cheese which contribute to the characteristics and the reputation of the ‘Camembert de Normandie’.

Labelling

For the specifications to conform to national rules, the obligation to affix the ‘INAO’ logo has been dropped. It was also decided to stipulate that the indication to be affixed is ‘Appellation d'origine protégée’ or ‘AOP’, with a view to affixing the ‘AOP’ (PDO) logo of the European Union.

Furthermore, the options of using the indications ‘moulage à la louche’ (‘ladled into the mould’) and ‘fabriqué au lait cru’ (‘made from raw milk’) have been dropped. The labelling of cheeses made from raw milk is governed by Decree No 2007-628 concerning cheeses and speciality cheeses. As the definition of the term ‘louche’ (‘ladle’) varies and is not confined solely to cheeses with the PDO designation, it was decided to remove the term from the specifications for the ‘Camembert de Normandie’ PDO.

National requirements

A table of main points to be verified and the method for evaluating them in respect of the ‘Camembert de Normandie’ has been added.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (3)

‘CAMEMBERT DE NORMANDIE’

EC No: FR-PDO-0217-01049-12.10.2012

PGI ( ) PDO ( X )

1.   Name

‘Camembert de Normandie’

2.   Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

| Class 1.3. | Cheeses |
| --- | --- |

Class 1.3.

Cheeses

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

The ‘Camembert de Normandie’ is a lightly-salted soft cheese made from raw milk containing at least 45 g of fat per 100 g of cheese when completely dried out and whose dry matter weighs 115 g per cheese or more.

The ‘Camembert de Normandie’ has the following characteristics:

| — | a flat cylindrical shape with a diameter of 10,5 cm to 11 cm and a net weight, indicated on the packaging, of at least 250 g, |
| --- | --- |

—

a flat cylindrical shape with a diameter of 10,5 cm to 11 cm and a net weight, indicated on the packaging, of at least 250 g,

| — | a so-called ‘blooming’ rind, white in colour, with a surface mould creating a white covering with possibly some red spots visible, |
| --- | --- |

—

a so-called ‘blooming’ rind, white in colour, with a surface mould creating a white covering with possibly some red spots visible,

| — | the colour of the cheese varies from ivory to pale yellow. Ripened throughout, the cheese is smooth and soft, |
| --- | --- |

—

the colour of the cheese varies from ivory to pale yellow. Ripened throughout, the cheese is smooth and soft,

| — | a lightly salty flavour, initially milky and sweet, but increasingly sharper and more fruity as ripening proceeds. |
| --- | --- |

—

a lightly salty flavour, initially milky and sweet, but increasingly sharper and more fruity as ripening proceeds.

3.3.   Raw materials (for processed products only)

The milk used to manufacture ‘Camembert de Normandie’ comes from holdings where, as from 1 May 2017, at least 50 % of the dairy cows are cows of the Normande breed.

3.4.   Feed (for products of animal origin only)

To ensure that there is a close link between the locality and the product through the use of feed which is particular to the geographical area, the dairy cows graze for at least six months of the year. Holdings consist of least 0,33 ha of area under grass per dairy cow milked, of which at least 0,25 ha is pasturable and accessible from the milking facilities, and 2 ha of grassland per hectare of silage maize is used to feed the animals of the herd.

80 per cent of the basic forage ration of the herd, on a dry matter basis, comes from the holding. The amount of complementary feed provided is restricted to 1 800 kg per cow in the herd per calendar year. The specifications stipulate what sorts of fodder and complementary feed are authorised.

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

The milk is produced and the cheese is manufactured, matured and packaged within the geographical area defined in point 4.

3.6.   Specific rules on slicing, grating, packaging, etc.

The maturing and packaging of the cheeses are closely associated with and therefore carried out within the geographical area defined under point 4. Maturation involves the cheeses being placed for a time in a ripening room and, where necessary, post-ripening after packaging.

3.7.   Specific rules concerning labelling

Each cheese marketed with the ‘Camembert de Normandie’ PDO has an individual label indicating the designation of origin and the words ‘Appellation d'origine protégée’ or ‘AOP’. Labels must bear the ‘AOP’ (PDO) logo of the European Union.

4.   Concise definition of the geographical area

The milk is produced and the cheese is manufactured, matured and packaged in the geographical area comprising the following cantons or parts of cantons:

Department of Calvados

The cantons of Bény-Bocage, Blangy-le-Château, Cambremer, Caumont-l’Éventé, Condé-sur-Noireau, Dozulé, Falaise, Honfleur, Isigny-sur-Mer, Lisieux, Livarot, Mézidon-Canon, Orbec, Pont-l’Évêque, Saint-Pierre-sur-Dives, Saint-Sever-Calvados, Trévières, Trouville-sur-Mer, Vassy and Vire in their entirety; the canton of d’Aunay-sur-Odon, with the exception of the municipality of Bauquay; the canton of Balleroy, with the exception of the municipalities of Bucéels, Chouain and Condé-sur-Seulles; the canton of Bayeux, with the exception of the municipalities of Nonant, Saint-Martin-des-Entrées and Saint-Vigor-le-Grand; the municipalities of Airan, Cesny-aux-Vignes, Moult and Ouézy in the canton of Bourguebus; the municipalities of Grimbosq, Maizières and Les Moutiers-en-Cinglais in the canton of Bretteville-sur-Laize; the canton of Cabourg, with the exception of the municipalities of Colombelles, Hérouvillette et Ranville; the municipalities of La Caine, Curcy-sur-Orne, Goupillières, Hamars, Montigny, Ouffières, Préaux-Bocage, Saint-Martin-de-Sallen and Trois-Monts in the canton of Évrecy; the cantons of Falaise, with the exception of the municipalities of Bons-Tassilly, Damblainville, Eraines, Fresnes-la-Mère, Pertheville-Ners, Potigny, Saint-Germain-Langot, Saint-Pierre-Canivet, Soumont-Saint-Quentin, Ussy, Versainville and Villy-lez-Falaise; the municipalities of Bernières-d’Ailly, Courcy, Crocy, Louvagny, Le Marais-la-Chapelle, Les Moutiers-en-Auge, Norrey-en-Auge, Vicques and Vignats in the canton of Morteaux-Couliboeuf; the commune of Ouistreham in the canton of Ouistreham; the municipalities of Commes, Longues-sur-Mer, Magny-en-Bessin, Le Manoir, and Manvieux in the canton of Ryes; the municipality of Saint-Vaast-sur-Seulles in the canton of Tilly-sur-Seulles; the canton of Thury-Harcourt, with the exception of the municipalities of Acqueville, Cesny-Bois-Halbout, Espins, Martainville, Placy and Tournebu; the canton of Troarn, with the exception of the municipalities of Cagny, Cuverville, Démouville, Emiéville, Giberville, Sannerville, Touffréville and Vimont; the canton of Villers-Bocage, with the exception of the municipalities of Banneville-sur-Ajon, Courvaudon, Landes-sur-Ajon, Le Locheur, Maisoncelles-sur-Ajon, Le Mesnil-au-Grain, Missy and Saint-Aignan-le-Malherbe.

Department of Eure

The canton of Beuzeville in its entirety; the canton of Beaumesnil, with the exception of the municipalities of Ajou and Gouttières; the municipalities of Caorches-Saint-Nicolas and Saint-Victor de Chrétienville in the cantons of Bernay; the municipalities of Cintray and Francheville in the canton of Breteuil; the municipalities of Le Bec Helloin and Brionne in the canton of Brionne; the canton of Broglie, with the exception of the municipalities of Broglie and Ferrières-Saint-Hilaire; the canton of Cormeilles, with the exception of the municipality of Fresne-Cauverville; the municipalities of Appeville-Annebault, Authou, Condé-sur-Risle, Freneuse-sur-Risle, Glos-sur-Risle, Montfort-sur-Risle and Pont-Authou in the canton of Montfort-sur-Risle; the canton of Pont-Audemer, with the exception of the municipalities of Colletot, Fourmetot, Manneville-sur-Risle and Saint-Mards-de-Blacarville; the municipalities of Bouquelon, Marais-Vernier, Sainte-Opportune-la-Mare and Saint-Samson-de-la-Roque in the canton of Quillebeuf-sur-Seine; the canton of Rugles, with the exception of the municipality of Chéronvilliers; the municipalities of Lieurey, Noards, La Noë-Poulain, La Poterie Mathieu and Saint-Christophe-sur-Condé in the canton of Saint-Georges-du-Vièvre; the canton of Thiberville, with the exception of the municipalities of Barville, Bazoques, Boissy-Lamberville, Bournainville-Faverolles, Le Favril, Folleville, Giverville and Heudreville-en-Lieuvin.

Department of Manche

The cantons of Avranches, Barenton, Barneville-Carteret, Beaumont-Hague, Brécey, Bréhal, Bricquebec, Canisy, Carentan, Cerisy-la-Salle, Cherbourg, Coutances, Equeurdreville-Hainneville, Gavray, Granville, La Haye-du-Puits, La Haye-Pesnel, Isigny-le-Buat, Jullouville, Juvigny-le-Tertre, Lessay, Marigny, Montebourg, Montmartin-sur-Mer, Mortain, Octeville, Percy, Périers, Les Pieux, Saint-Clair-sur-l’Elle, Saint-Hilaire-du-Harcoët, Saint-Jean-de-Daye, Saint-Lô, Saint-Malo-de-la-Lande, Sainte-Mère-Eglise, Saint-Ovin, Saint-Pois, Saint-Sauveur-Lendelin, Saint-Sauveur-le-Vicomte, Sartilly, Sourdeval, Le Teilleul, Tessy-sur-Vire, Torigni-sur-Vire, Tourlaville, Valognes, Vesly and Villedieu-les-Poêles in their entirety; the canton of Ducey, with the exception of the municipalities of Céaux, Courtils, Crollon and Précey; the canton of Quettehou, with the exception of the municipalities of Anneville-en-Saire, Barfleur, Montfarville, La Pernelle, Réville, Sainte-Geneviève and Valcanville; the municipalities of Hamelin, Saint-Aubin-de-Terregatte, Saint-Laurent-de-Terregatte and Saint-Senier-de-Beuvron in the canton of Saint-James; the canton of Saint-Pierre-Eglise, with the exception of the municipalities of Clitourps, Gatteville-le-Phare, Gouberville, Néville-sur-Mer and Tocqueville.

Department of Orne

The cantons of Athis-de-l’Orne, Briouze, Carrouges, Domfront, Écouché, Exmes, La Ferté-Frênel, La Ferté-Macé, Flers, Gacé, Juvigny-sous-Andaine, Le Merlerault, Messei, Mortrée, Passais, Putanges-Pont-Ecrepin, Tinchebray, Vimoutiers in their entirety; the cantons of L'Aigle, with the exception of the municipalities of Aube, Irai, Saint-Martin-d’Ecublai, Rai and Vitrai-sous-l’Aigle; the cantons of Alençon, with the exception of the municipalities of Colombiers, Cuissai and Lonrai; the cantons of Argentan, with the exception of the municipalities of Commeaux, Occagnes, Sévigny; the municipalities of Bure, La Mesnière, Saint-Aubin-de-Courteraie, Saint-Ouen-de-Sécherouvre and Soligné-la-Trappe in the canton of Bazoches-sur-Hoëne; the municipalities of Brullemail, Courtomer, Ferrières-la-Verrerie, Godisson, Le Plantis, Saint-Agnan-sur-Sarthe, Saint-Léonard-des-Parcs and Tellières-le-Plessis in the canton of Courtomer; the municipalities of Monceaux-au-Perche and Saint-Victor-de-Réno in the canton of Longny-au-Perche; the canton of Le Mêle-sur-Sarthe, with the exception of the municipalities of Aunay-les-Bois, Boitron, Essay and Menil-Erreux; the commune of Feings in the canton of Mortagne-au-Perche; the canton of Moulins-la-Marche, with the exception of the municipalities of Bonnefoi, Les Genettes and Les Aspres; the municipalities of Barville, Coulimer, Parfondeval, Pervenchères, Saint-Julien-sur-Sarthe, Saint-Quentin-de-Blavou and Vidai in the canton of Pervenchères; the commune of Boissy-Maugis in the canton of Rémalard; the canton of Sées, with the exception of the municipalities of Aunou-sur-Orne, Neauphe-sous-Essai and Sées; the municipalities of Autheuil, Bivilliers, Bubertre, Champs, Lignerolles and Tourouvre in the canton of Tourouvre; and the canton of Trun, with the exception of the municipalities of Bailleul, Brieux, Fontaine-les-Bassets, Guêprei and Villedieu-les-Bailleul.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The geographical area of the ‘Camembert de Normandie’ covers the three departments of Lower Normandy (Calvados, Manche and Orne) and the western fringe of the department of Eure. This area benefits from an oceanic climate, a landscape in which fields enclosed by hedgerows predominate, and a dense network of rivers with many associated marshes.

This region, with its long tradition of cheese-making, is the birthplace of the three main Normandy cheeses (‘Livarot’, ‘Camembert de Normandie’ and ‘Pont L’Évêque’). It has been the site of the dynamic development of soft cheeses and particular milk production processes. The specificity of the milk production stems from the breed of cows used, namely, the Normande, but also from the feeding conditions, marked by the predominance of grass in the animals’ diet and the consumption of this grass by grazing for at least six months of the year.

5.2.   Specificity of the product

The name ‘Camembert de Normandie’ comes from the village of Camembert, which is found around thirty kilometres south of Lisieux. The first written mention of the cheese dates from the 17th century. The writings of the time referred to excellent cheeses which were sold ‘white’ to cheese maturers. In the second half of the 19th century, with the development of cheese dairies which pioneered its production, this cheese became enormously popular as a result of its distribution in urban centres via the rail network.

It became truly well-known at the start of the 20th century and during the First World War, when cheese-makers endeavoured to provide camemberts to the French army and meet growing national demand. Although, as result of this demand, the number of products of diverse origin described as ‘camembert’ increased considerably, only the ‘Camembert de Normandie’ has finally been awarded recognition in France with a protected designation of origin, attesting to its links with Normandy and with technical methods rooted in tradition: raw milk, split moulding, and being left to drain naturally.

The ‘Camembert de Normandie’ is generally known for its unique flat cylindrical form, its so-called ‘blooming’ rind (white in colour with surface mould), an ivory to pale yellow colour, smooth and soft consistency and lightly salty flavour which is initially milky and sweet, but becomes sharper and more fruity as ripening proceeds.

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 link between the locality and characteristics of the ‘Camembert de Normandie’ is evident in the environmental conditions favouring pasture and farming methods peculiar to Normandy, together with a highly-developed knowledge of cheese-making resulting from the long-standing production of the ‘Camembert de Normandie’.

The milk used has specific traits as a result of a considerable reliance on grazing, practised from March to November owing to the gentle climate and wide availability of grassy areas, as well as cattle of the Normande breed, used in the region for over a century because of its suitability for cheese-making. The milk's richness in proteins and exceptional suitability for cheese-making makes it possible to obtain a firm rind, which can be moulded in blocks and easily drained.

Knowledge of cheese-making has developed on the basis of strictly followed practices (feeding of the animals, hygiene at milking time, processing of the raw milk, partial skimming of the cream, renneting of the cheese in basins, split moulding, natural draining) that take best advantage of the positive aspects of the milk produced in the area.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (4))

https://www.inao.gouv.fr/fichier/CDCCamembertdeNormandie.pdf

---

(1)  OJ L 343, 14.12.2012, p. 1.

(2)  Replaced by Regulation (EU) No 1151/2012.

(3)  See footnote 2.

(4)  See footnote 2.

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/27 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 140/27

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Publication pursuant to Article 18(2) of Commission Regulation (EC) No 1898/2006 of the single document on a designation of origin or a geographical indication registered under Commission Regulation (EC) No 1107/96 in accordance with Article 17 of Council Regulation (EEC) No 2081/92

2013/C 140/12

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (1)

‘VITELA DE LAFÕES’

EC No: PT-PGI-0017-0249-20.01.2011

PGI ( X ) PDO ( )

1.   Name

‘Vitela de Lafões’

2.   Member State or Third Country

Portugal

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

| 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

Meat from the cutting of carcases of young male and female bovines before they are weaned (five to seven months of age) of the Arouquesa and Mirandesa breeds and their crosses.

3.3.   Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

The calves are fed with their mother’s milk up to the age when they are slaughtered (five to eight months). Besides suckling, the calves may be given a supplementary diet consisting of local hay, seasonal vegetation from pastures and concentrated feedingstuffs made primarily from maize flour, produced on the farm itself.

The mothers are fed on natural products such as maize, ryegrass, creeping soft grass, barley, grass and hay from irrigated pastures, common and other gorse, heather, soft broom, wild upland grasses and shrubs, oats, rye, straw and hay.

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

—

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

—

3.7.   Specific rules concerning labelling

—

4.   Concise definition of the geographical area

All parishes in the following municipalities: Oliveira de Frades, Vouzela and S. Pedro do Sul.

The parishes of: Cedrim and Couto de Esteves of the municipality of Sever do Vouga; Bodiosa and Ribafeita in the municipality of Viseu; and Alva and Gafanhão in the municipality of Castro Daire.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The area of Lafões, extended to the three mountain ranges that flank the River Vouga (the Caramulo, Gralheira and Montemuro ranges), has specific characteristics as regards climate, soil and relief. It also has a microclimate (as a transition point between maritime and continental climates) which makes it well suited to the growth of a number of species of trees and a shrubby-herbaceous vegetation, with a concentration of species such as broom, heather, common and other gorse, and rockrose trees which are used for animals to graze and which nutritionally give the meat its particular features.

5.2.   Specificity of the product

The main characteristics of ‘Vitela de Lafões’ meat are its:

| — | colour: light pink colouring with white fat evenly spread across the meat, and fine muscle texture, |
| --- | --- |

—

colour: light pink colouring with white fat evenly spread across the meat, and fine muscle texture,

| — | consistency: firm and slightly moist, which marks it out as succulent, |
| --- | --- |

—

consistency: firm and slightly moist, which marks it out as succulent,

| — | smell and taste: its smell and taste are ‘one of a kind’ and are a reflection of the natural feedingstuffs to which the animals have been exposed. |
| --- | --- |

—

smell and taste: its smell and taste are ‘one of a kind’ and are a reflection of the natural feedingstuffs to which the animals have been exposed.

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 causal link between the geographical area and the quality and characteristics of the product stems from the traditional manner in which the animals are reared (mothers and calves), and the quality of the pasture and of the breeds that give rise to the product.

The qualities of ‘Vitela de Lafões’ were already recognised in the mid-19th century. Its provenance was also fairly well defined, as evidenced by volume 1 of Silvestre Bernardo de Lima’s ‘Archivo Rural’ from 1858: ‘Heifers and calves without equal, suckling or soon after they have been weaned, are in strong demand at the abattoir and produce the celebrated veal of S. Pedro do Sul and Lafões.’

Publication reference of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (2))

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

---

(1)  Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(2)  See footnote 1.

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| 18.5.2013 | EN | Official Journal of the European Union | C 140/29 |
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18.5.2013

EN

Official Journal of the European Union

C 140/29

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Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

2013/C 140/13

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (1)

AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9

‘HUILE ESSENTIELLE DE LAVANDE DE HAUTE-PROVENCE’/‘ESSENCE DE LAVANDE DE HAUTE-PROVENCE’

EC No: FR-PDO-0217-0141-20.10.2011

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment

| — | ☒ | Name of product |
| --- | --- | --- |
| — | ☒ | Description of product |
| — | ☒ | Geographical area |
| — |  | Proof of origin |
| — | ☒ | Method of production |
| — | ☒ | Link |
| — | ☒ | Labelling |
| — | ☒ | National requirements |
| — | ☒ | Other (update of the contact details of the group and the inspection bodies) |

—

☒

Name of product

—

☒

Description of product

—

☒

Geographical area

—



Proof of origin

—

☒

Method of production

—

☒

Link

—

☒

Labelling

—

☒

National requirements

—

☒

Other (update of the contact details of the group and the inspection bodies)

2.   Type of amendment(s)

| — |  | Amendment to Single Document or Summary Sheet |
| --- | --- | --- |
| — | ☒ | Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published |
| — |  | Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006) |
| — |  | Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—



Amendment to Single Document or Summary Sheet

—

☒

Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published

—



Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006)

—



Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s)

3.1.   Name of product

As under the item ‘name’ in the previous specification, the name of the product is: ‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’.

3.2.   Description of product

The description of the product has been supplemented with the provisions laid down in national legislation defining the registered designation of origin ‘Huile essentielle de lavande de Haute-Provence’, specifically with those concerning the analytical characteristics relating to this designation.

Furthermore, the group wishes to amend four of the analytical parameters because it has found that these have changed over the years owing to climate change. Changes in the climate have altered the chemical composition of the flowers, both as a result of summers having become warmer and drier and because of the advent of a leaf hopper which causes the plant to wither rapidly. The group proposes the following amendments to the four criteria in question:

| — | with regard to octanone-3, that the range be changed from ‘between 0,7 and 2’ to ‘between 0,5 and 2’; |
| --- | --- |

—

with regard to octanone-3, that the range be changed from ‘between 0,7 and 2’ to ‘between 0,5 and 2’;

| — | with regard to alpha-terpineol, from ‘< 0,5’ to ‘≤ 0,7’; |
| --- | --- |

—

with regard to alpha-terpineol, from ‘< 0,5’ to ‘≤ 0,7’;

| — | with regard to the ratio of cis-beta-ocimene to trans-beta-ocimene, from ‘between 1,2 and 2,7’ to ‘between 1,05 and 2,7’; |
| --- | --- |

—

with regard to the ratio of cis-beta-ocimene to trans-beta-ocimene, from ‘between 1,2 and 2,7’ to ‘between 1,05 and 2,7’;

| — | with regard to the ratio of trans-beta-ocimene to octanone-3, from ‘between 1,4 and 7’ to ‘between 1,4 and 9’; |
| --- | --- |

—

with regard to the ratio of trans-beta-ocimene to octanone-3, from ‘between 1,4 and 7’ to ‘between 1,4 and 9’;

that the description of the product be amended as follows:

‘... “Huile essentielle de lavande de Haute-Provence”/“Essence de lavande de Haute-Provence” must have the following analytical characteristics:

| | acid value: < 1,0; |
| --- | --- |

acid value: < 1,0;

| | 1,8-cineole: between 0,2 and 1,0; |
| --- | --- |

1,8-cineole: between 0,2 and 1,0;

| | cis-beta-ocimene: between 3,0 and 9,0; |
| --- | --- |

cis-beta-ocimene: between 3,0 and 9,0;

| | trans-beta-ocimene: between 2,2 and 4,9; |
| --- | --- |

trans-beta-ocimene: between 2,2 and 4,9;

| | octanone-3: between 0,5 and 2,0; |
| --- | --- |

octanone-3: between 0,5 and 2,0;

| | camphor: < 0,5; |
| --- | --- |

camphor: < 0,5;

| | linalool: < 36; |
| --- | --- |

linalool: < 36;

| | terpinen-1-ol-4; between 2,5 and 5,5; |
| --- | --- |

terpinen-1-ol-4; between 2,5 and 5,5;

| | lavandulyl acetate: > 2,5; |
| --- | --- |

lavandulyl acetate: > 2,5;

| | lavandulol: > 0,5; |
| --- | --- |

lavandulol: > 0,5;

| | alpha-terpineol: < 0,7; |
| --- | --- |

alpha-terpineol: < 0,7;

| | ratio of cis-beta-ocimene to trans-beta-ocimene: between 1,05 and 2,7; |
| --- | --- |

ratio of cis-beta-ocimene to trans-beta-ocimene: between 1,05 and 2,7;

| | ratio of trans-beta-ocimene to octanone-3: between 1,4 and 9; |
| --- | --- |

ratio of trans-beta-ocimene to octanone-3: between 1,4 and 9;

| | ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 12 and 18. |
| --- | --- |

ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 12 and 18.

If a year is marked by unusual climatic conditions, the director of the National Institute for Origin and Quality (INAO) may grant derogations from the above criteria on the basis of advice from the group. These derogations may not exceed the following values:

| | acid value: < 1,2; |
| --- | --- |

acid value: < 1,2;

| | 1,8-cineole: between 0,1 and 1,5; |
| --- | --- |

1,8-cineole: between 0,1 and 1,5;

| | cis-beta-ocimene: between 2,5 and 10; |
| --- | --- |

cis-beta-ocimene: between 2,5 and 10;

| | trans-beta-ocimene: between 1,5 and 6; |
| --- | --- |

trans-beta-ocimene: between 1,5 and 6;

| | octanone-3: between 0,3 and 2,0; |
| --- | --- |

octanone-3: between 0,3 and 2,0;

| | camphor: < 0,55; |
| --- | --- |

camphor: < 0,55;

| | linalool: < 38; |
| --- | --- |

linalool: < 38;

| | terpinen-1-ol-4: between 1,5 and 6; |
| --- | --- |

terpinen-1-ol-4: between 1,5 and 6;

| | lavandulyl acetate: > 2; |
| --- | --- |

lavandulyl acetate: > 2;

| | lavandulol: > 0,4; |
| --- | --- |

lavandulol: > 0,4;

| | alpha-terpineol: < 0,8; |
| --- | --- |

alpha-terpineol: < 0,8;

| | ratio of cis-beta-ocimene to trans-beta-ocimene: between 0,9 and 2,7; |
| --- | --- |

ratio of cis-beta-ocimene to trans-beta-ocimene: between 0,9 and 2,7;

| | ratio of trans-beta-ocimene to octanone-3: between 1,4 and 10; |
| --- | --- |

ratio of trans-beta-ocimene to octanone-3: between 1,4 and 10;

| | ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 10 and 20.’ |
| --- | --- |

ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 10 and 20.’

3.3.   Definition of the geographical area

The steps that must be taken within the geographical area of the designation have been specified: the lavender must be harvested and distilled within the geographical area of the designation.

The list of municipalities comprising the geographical area of the designation which formed part of the decree of recognition of the registered designation of origin ‘Huile essentielle de lavande de Haute-Provence’ has been included for greater clarity and accuracy.

The following derogations may be granted:

‘Derogations from the minimum altitude of 800 metres may be granted by the National Committee on Agri-Food Products of the National Institute for Origin and Quality (INAO) following advice from a commission of experts appointed for this purpose by the committee. These derogations may not apply to parcels located at altitudes of less than 600 metres.’

3.4.   Method of production

Method of production

The method for obtaining plants propagated exclusively by sowing has been clarified. This information has been taken from the decree of recognition of the registered designation of origin ‘Huile essentielle de lavande de Haute-Provence’.

3.5.   Link with the geographical area

Link with the geographical area

This part has been rewritten to describe the specific characteristics of the geographical area, those of the product, and the product’s link with the geographical area. This heading was added pursuant to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

3.6.   Update of the contact details of the inspection bodies, and the applicant group

Update of the contact details of the inspection bodies, and the applicant group

The contact details of the official inspection bodies and of the group have been updated.

3.7.   Labelling

Labelling

The labelling requirements have been amended to include the obligation to apply the European Union PDO symbol.

3.8.   National requirements

National requirements

In line with the national reform of the inspection system, the specification has been supplemented with a table setting out the main items to be checked and the evaluation methods to be used.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (2)

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2

‘HUILE ESSENTIELLE DE LAVANDE DE HAUTE-PROVENCE’/‘ESSENCE DE LAVANDE DE HAUTE-PROVENCE’

‘HUILE ESSENTIELLE DE LAVANDE DE HAUTE-PROVENCE’/‘ESSENCE DE LAVANDE DE HAUTE-PROVENCE’

EC No: FR-PDO-0217-0141-20.10.2011

EC No: FR-PDO-0217-0141-20.10.2011

PGI ( ) PDO ( X )

PGI ( ) PDO ( X )

1.   Name

Name

‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’.

2.   Member State or Third Country

Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   Type of product

Type of product

| Class 3.2. | Essential oils |
| --- | --- |

Class 3.2.

Essential oils

3.2.   Description of product to which the name in (1) applies

Description of product to which the name in (1) applies

‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’ is a liquid obtained by water vapour distillation of the flowering tops of Lavandula angustifolia P. Miller. The lavender plantations must be made up of a population of plants of local origin which are propagated exclusively by sowing. Plantations of clones, plantations established by vegetative propagation and plantations established from clone seeds are excluded. ‘Huile essentielle de lavande de Haute-Provence’ is most often used as an intermediate product, mainly in perfumes but also in pharmaceutical products and in aromatherapy. ‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’ must have the following analytical characteristics, which are measured by means of chromatography:

Lavandula angustifolia

| | acid value: < 1,0; |
| --- | --- |

acid value: < 1,0;

| | 1,8-cineole: between 0,2 and 1,0; |
| --- | --- |

1,8-cineole: between 0,2 and 1,0;

| | cis-beta-ocimene: between 3,0 and 9,0; |
| --- | --- |

cis-beta-ocimene: between 3,0 and 9,0;

| | trans-beta-ocimene: between 2,2 and 4,9; |
| --- | --- |

trans-beta-ocimene: between 2,2 and 4,9;

| | octanone-3: between 0,5 and 2,0; |
| --- | --- |

octanone-3: between 0,5 and 2,0;

| | camphor: < 0,5; |
| --- | --- |

camphor: < 0,5;

| | linalool: < 36; |
| --- | --- |

linalool: < 36;

| | terpinen-1-ol-4: between 2,5 and 5,5; |
| --- | --- |

terpinen-1-ol-4: between 2,5 and 5,5;

| | lavandulyl acetate: > 2,5; |
| --- | --- |

lavandulyl acetate: > 2,5;

| | lavandulol: > 0,5; |
| --- | --- |

lavandulol: > 0,5;

| | alpha-terpineol: < 0,7; |
| --- | --- |

alpha-terpineol: < 0,7;

| | ratio of cis-beta-ocimene to trans-beta-ocimene: between 1,05 and 2,7; |
| --- | --- |

ratio of cis-beta-ocimene to trans-beta-ocimene: between 1,05 and 2,7;

| | ratio of trans-beta-ocimene to octanone-3: between 1,4 and 9; |
| --- | --- |

ratio of trans-beta-ocimene to octanone-3: between 1,4 and 9;

| | ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 12 and 18. |
| --- | --- |

ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 12 and 18.

If a year is marked by unusual climatic conditions, the director of the National Institute for Origin and Quality (INAO) may grant derogations from the above criteria on the basis of advice from the group. These derogations may not exceed the following values:

| | acid value: < 1,2; |
| --- | --- |

acid value: < 1,2;

| | 1,8-cineole: between 0,1 and 1,5; |
| --- | --- |

1,8-cineole: between 0,1 and 1,5;

| | cis-beta-ocimene: between 2,5 and 10; |
| --- | --- |

cis-beta-ocimene: between 2,5 and 10;

| | trans-beta-ocimene: between 1,5 and 6; |
| --- | --- |

trans-beta-ocimene: between 1,5 and 6;

| | octanone-3: between 0,3 and 2,0; |
| --- | --- |

octanone-3: between 0,3 and 2,0;

| | camphor: < 0,55; |
| --- | --- |

camphor: < 0,55;

| | linalool: < 38; |
| --- | --- |

linalool: < 38;

| | terpinen-1-ol-4: between 1,5 and 6; |
| --- | --- |

terpinen-1-ol-4: between 1,5 and 6;

| | lavandulyl acetate: > 2; |
| --- | --- |

lavandulyl acetate: > 2;

| | lavandulol: > 0,4; |
| --- | --- |

lavandulol: > 0,4;

| | alpha-terpineol: < 0,8; |
| --- | --- |

alpha-terpineol: < 0,8;

| | ratio of cis-beta-ocimene to trans-beta-ocimene: between 0,9 and 2,7; |
| --- | --- |

ratio of cis-beta-ocimene to trans-beta-ocimene: between 0,9 and 2,7;

| | ratio of trans-beta-ocimene to octanone-3: between 1,4 and 10; |
| --- | --- |

ratio of trans-beta-ocimene to octanone-3: between 1,4 and 10;

| | ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 10 and 20. |
| --- | --- |

ratio of linalol + linalyl acetate to lavandulol + lavandulyl acetate: between 10 and 20.

3.3.   Raw materials (for processed products only)

Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

Feed (for products of animal origin only)

—

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

Specific steps in production that must take place in the defined geographical area

The lavender is grown and distilled within the geographical area.

3.6.   Specific rules on slicing, grating, packaging, etc.

Specific rules on slicing, grating, packaging, etc.

—

3.7.   Specific rules concerning labelling

Specific rules concerning labelling

The denomination of origin and the European Union PDO symbol must be clearly visible on all product containers when it is marketed under the designation of origin ‘Huile essentielle de lavande Haute-Provence’/‘Essence de lavande de Haute-Provence’.

4.   Concise definition of the geographical area

Concise definition of the geographical area

The geographical area of ‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’ covers the following four departments: Alpes-de-Haute-Provence, Hautes-Alpes, Drôme and Vaucluse. It comprises 283 municipalities. The criteria used to define this geographical area combine components of the physical environment adapted to lavender’s ecological requirements with human factors associated with the production of ‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’.

The geographical area of production is restricted:

| (a) | to the following municipalities: | Department of Alpes-de-Haute-Provence
  Allons, Angles, Annot, Archail, Aubignosc, Authon, Banon, Barles, Barrême, Bayons, Beaujeu, Bellafaire, Beynes, Blégiers, Blieux, Braux, Le Brusquet, Le Caire, Castellane, Le Castellard-Mélan, Castellet-les-Sausses, Val-de-Chalvagne, Châteaufort, Châteauneuf-Miravail, Châteauneuf-Val-Saint-Donat, Chaudon-Norante, Clamensane, Clumane, Cruis, Curel, Demandolx, Digne-les-Bains, Draix, Entrages, Entrevaux, Faucon-du-Caire, Le Fugeret, La Garde, Gigors, Hautes-Duyes, L’Hospitalet, La Javie, Lambruisse, Lardiers, Majastres, Mallefougasse-Augès, Marcoux, Méailles, Montsalier, Moriez, La Motte-du-Caire, Moustiers-Sainte-Marie, La Mure-Argens, Nibles, Noyers-sur-Jabron, Les Omergues, Ongles, La Palud-sur-Verdon, Peipin, Peyroules, Piegut, Prads-Haute-Bleone, Redortiers, Revest-du-Bion, La Robine-sur-Galabre, La Rochegiron, La Rochette, Rougon, Saint-André-les-Alpes, Saint-Benoît, Saint-Etienne-les-Orgues, Saint-Geniez, Saint-Jacques, Saint-Julien-du-Verdon, Saint-Lions, Saint-Pierre, Saint-Vincent-sur-Jabron, Saumane, Sausses, Senez, Simiane-la-Rotonde, Soleilhas, Tartonne, Thoard, Thorame-Basse, Thorame-Haute, Turriers, Ubraye, Valavoire, Valbelle, Venterol, Vergons |
| --- | --- | --- |

(a)

to the following municipalities:

Department of Alpes-de-Haute-Provence

Allons, Angles, Annot, Archail, Aubignosc, Authon, Banon, Barles, Barrême, Bayons, Beaujeu, Bellafaire, Beynes, Blégiers, Blieux, Braux, Le Brusquet, Le Caire, Castellane, Le Castellard-Mélan, Castellet-les-Sausses, Val-de-Chalvagne, Châteaufort, Châteauneuf-Miravail, Châteauneuf-Val-Saint-Donat, Chaudon-Norante, Clamensane, Clumane, Cruis, Curel, Demandolx, Digne-les-Bains, Draix, Entrages, Entrevaux, Faucon-du-Caire, Le Fugeret, La Garde, Gigors, Hautes-Duyes, L’Hospitalet, La Javie, Lambruisse, Lardiers, Majastres, Mallefougasse-Augès, Marcoux, Méailles, Montsalier, Moriez, La Motte-du-Caire, Moustiers-Sainte-Marie, La Mure-Argens, Nibles, Noyers-sur-Jabron, Les Omergues, Ongles, La Palud-sur-Verdon, Peipin, Peyroules, Piegut, Prads-Haute-Bleone, Redortiers, Revest-du-Bion, La Robine-sur-Galabre, La Rochegiron, La Rochette, Rougon, Saint-André-les-Alpes, Saint-Benoît, Saint-Etienne-les-Orgues, Saint-Geniez, Saint-Jacques, Saint-Julien-du-Verdon, Saint-Lions, Saint-Pierre, Saint-Vincent-sur-Jabron, Saumane, Sausses, Senez, Simiane-la-Rotonde, Soleilhas, Tartonne, Thoard, Thorame-Basse, Thorame-Haute, Turriers, Ubraye, Valavoire, Valbelle, Venterol, Vergons

| | Department of Hautes-Alpes
  Antonaves, Aspremont, Aspres-sur-Buëch, Barcillonnette, Barret-le-Bas, La Bâtie-Montsaléon, La Beaume, Le Bersac, Bruis, Chabestan, Chanousse, Châteauneuf-de-Chabre, Châteauneuf-d'Oze, Eourres, L'Epine, Esparron, Espinasses, Etoile-Saint-Cyrice, La Faurie, Fouillouse, La Freissinouse, Furmeyer, Gap, La Haute-Beaume, Lardier-et-Valença, Manteyer, Mereuil, Montbrand, Montclus, Montjay, Montmaur, Montmorin, Montrond, Moydans, Neffes, Nossage-et-Bénévent, Orpierre, Oze, Pelleautier, La Piarre, Ribeyret, Ribiers, La Roche-des-Arnauds, Rosans, Saint-André-de-Rosans, Saint-Auban-d'Oze, Sainte-Colombe, Saint-Genis, Saint-Julien-en-Beauchêne, Sainte-Marie, Saint-Pierre-d'Argençon, Saint-Pierre-Avez, Le Saix, Salerans, Savournon, Serres, Sigottier, Sigoyer, Sorbiers, Théus, Trescléoux, Veynes, Vitrolles |
| --- | --- |

Department of Hautes-Alpes

Antonaves, Aspremont, Aspres-sur-Buëch, Barcillonnette, Barret-le-Bas, La Bâtie-Montsaléon, La Beaume, Le Bersac, Bruis, Chabestan, Chanousse, Châteauneuf-de-Chabre, Châteauneuf-d'Oze, Eourres, L'Epine, Esparron, Espinasses, Etoile-Saint-Cyrice, La Faurie, Fouillouse, La Freissinouse, Furmeyer, Gap, La Haute-Beaume, Lardier-et-Valença, Manteyer, Mereuil, Montbrand, Montclus, Montjay, Montmaur, Montmorin, Montrond, Moydans, Neffes, Nossage-et-Bénévent, Orpierre, Oze, Pelleautier, La Piarre, Ribeyret, Ribiers, La Roche-des-Arnauds, Rosans, Saint-André-de-Rosans, Saint-Auban-d'Oze, Sainte-Colombe, Saint-Genis, Saint-Julien-en-Beauchêne, Sainte-Marie, Saint-Pierre-d'Argençon, Saint-Pierre-Avez, Le Saix, Salerans, Savournon, Serres, Sigottier, Sigoyer, Sorbiers, Théus, Trescléoux, Veynes, Vitrolles

| | Department of Drôme
  Arnayon, Arpavon, Aulan, Ballons, Barret-de-Lioure, La Bâtie-des-Fonds, Beaumont-en-Diois, Beaurières, Bellecombe-Tarendol, Bellegarde-en-Diois, Bésignan, Bonneval-en-Diois, Boulc, Bouvières, Chalançon, La Charce, Charens, Chaudebonne, Chauvac, Cornillac, Cornillon-sur-l'Oule, Establet, Eygalayes, Eyroles, Ferrassières, Glandage, Gumiane, Izon-la-Bruisse, Jonchères, Laborel, Lachau, Laux-Montaux, Lemps, Lesches-en-Diois, Mévouillon, Miscon, Montauban-sur-l’Ouvèze, Montaulieu, Montbrun-les-Bains, Montferrand-la-Fare, Montfroc, Montguers, Montjoux, Montréal-les-Sources, La Motte-Chalancon, Pelonne, Plaisians, Le Poët-en-Percip, Le Poët-Sigillat, Pommerol, Poyols, Les Prés, Reilhanette, Rémuzat, Rioms, Rochebrune, La Roche-sur-le-Buis, La Rochette-du-Buis, Rottier, Roussieux, Saint-Auban-sur-l’Ouvèze, Saint-Dizier-en-Diois, Sainte-Euphémie-sur-Ouvèze, Saint-Ferréol-Trente-Pas, Sainte-Jalle, Saint-May, Saint-Sauveur-Gouvernet, Séderon, Teyssières, Treschenu-Creyers, Valdrôme, Val-Maravel, Valouse, Verclause, Vercoiran, Vers-sur-Méouge, Vesc, Villebois-les-Pins, Villefranche-le-Château, Villeperdrix, Volvent |
| --- | --- |

Department of Drôme

Arnayon, Arpavon, Aulan, Ballons, Barret-de-Lioure, La Bâtie-des-Fonds, Beaumont-en-Diois, Beaurières, Bellecombe-Tarendol, Bellegarde-en-Diois, Bésignan, Bonneval-en-Diois, Boulc, Bouvières, Chalançon, La Charce, Charens, Chaudebonne, Chauvac, Cornillac, Cornillon-sur-l'Oule, Establet, Eygalayes, Eyroles, Ferrassières, Glandage, Gumiane, Izon-la-Bruisse, Jonchères, Laborel, Lachau, Laux-Montaux, Lemps, Lesches-en-Diois, Mévouillon, Miscon, Montauban-sur-l’Ouvèze, Montaulieu, Montbrun-les-Bains, Montferrand-la-Fare, Montfroc, Montguers, Montjoux, Montréal-les-Sources, La Motte-Chalancon, Pelonne, Plaisians, Le Poët-en-Percip, Le Poët-Sigillat, Pommerol, Poyols, Les Prés, Reilhanette, Rémuzat, Rioms, Rochebrune, La Roche-sur-le-Buis, La Rochette-du-Buis, Rottier, Roussieux, Saint-Auban-sur-l’Ouvèze, Saint-Dizier-en-Diois, Sainte-Euphémie-sur-Ouvèze, Saint-Ferréol-Trente-Pas, Sainte-Jalle, Saint-May, Saint-Sauveur-Gouvernet, Séderon, Teyssières, Treschenu-Creyers, Valdrôme, Val-Maravel, Valouse, Verclause, Vercoiran, Vers-sur-Méouge, Vesc, Villebois-les-Pins, Villefranche-le-Château, Villeperdrix, Volvent

| | Department of Vaucluse
  Aurel, Lagarde-d’Apt, Monieux, Rustrel, Saint-Christol, Saint-Saturnin-d’Apt, Saint-Trinit, Sault, Savoillans, Villars |
| --- | --- |

Department of Vaucluse

Aurel, Lagarde-d’Apt, Monieux, Rustrel, Saint-Christol, Saint-Saturnin-d’Apt, Saint-Trinit, Sault, Savoillans, Villars

Within these municipalities, only plantations located at an altitude of at least 800 metres may be granted the designation of origin.

Derogations from the minimum altitude of 800 metres may be granted by the National Committee on Agri-Food Products of the National Institute for Origin and Quality (INAO) following advice from a commission of experts appointed for this purpose by the committee. These derogations may not apply to parcels located at altitudes of less than 600 metres.

| (b) | to the following municipalities:
  Department of Drôme
  Aix-en-Diois, Aucelon, Aurel, Barnave, Barsac, Brette, Chamaloc, Chastel-Arnaud, Châtillon-en-Diois, La Chaudière, Die, Espenel, Eygluy-Escoulin, Laval-d’Aix, Luc-en-Diois, Marignac-en-Diois, Menglon, Molières-Glandaz, Montlaur-en-Diois, Montmaur-en-Diois, Pennes-le-Sec, Ponet-et-Saint-Auban, Pontaix, Pradelle, Recoubeau-Jansac, Rimon-et-Savel, Rochefourchat, Romeyer, Saint-Andéol, Saint-Benoît-en-Diois, Sainte-Croix, Saint-Julien-en-Quint, Saint-Nazaire-le-Désert, Saint-Roman, Saint-Sauveur-en-Diois, Vachères-en-Quint, Vercheny, Véronne.
  Within these municipalities, only plantations located at an altitude of at least 600 metres may be granted the designation of origin. |
| --- | --- |

(b)

to the following municipalities:

Department of Drôme

Aix-en-Diois, Aucelon, Aurel, Barnave, Barsac, Brette, Chamaloc, Chastel-Arnaud, Châtillon-en-Diois, La Chaudière, Die, Espenel, Eygluy-Escoulin, Laval-d’Aix, Luc-en-Diois, Marignac-en-Diois, Menglon, Molières-Glandaz, Montlaur-en-Diois, Montmaur-en-Diois, Pennes-le-Sec, Ponet-et-Saint-Auban, Pontaix, Pradelle, Recoubeau-Jansac, Rimon-et-Savel, Rochefourchat, Romeyer, Saint-Andéol, Saint-Benoît-en-Diois, Sainte-Croix, Saint-Julien-en-Quint, Saint-Nazaire-le-Désert, Saint-Roman, Saint-Sauveur-en-Diois, Vachères-en-Quint, Vercheny, Véronne.

Within these municipalities, only plantations located at an altitude of at least 600 metres may be granted the designation of origin.

5.   Link with the geographical area

Link with the geographical area

5.1.   Specificity of the geographical area

Specificity of the geographical area

The characteristic aspects of the geographical area are as follows:

| | Natural factors

  Fine lavender, the common name given to lavender of the species Lavandula augustifolia, tends to colonise soils referred to in soil science as grey rendzinas with a calcareous humus. These soils have developed on Jurassic-Cretaceous limestones. Furthermore, lavender prefers relatively cool areas and therefore areas of relatively high altitude: it occupies the most mountainous of terrains above an altitude of 600 to 800 metres. This area corresponds to fine lavender’s natural range of distribution. Lavandula angustifolia rapidly peters out outside of this area. |
| --- | --- |

Natural factors

Natural factors

Fine lavender, the common name given to lavender of the species Lavandula augustifolia, tends to colonise soils referred to in soil science as grey rendzinas with a calcareous humus. These soils have developed on Jurassic-Cretaceous limestones. Furthermore, lavender prefers relatively cool areas and therefore areas of relatively high altitude: it occupies the most mountainous of terrains above an altitude of 600 to 800 metres. This area corresponds to fine lavender’s natural range of distribution. Lavandula angustifolia rapidly peters out outside of this area.

Lavandula augustifolia

Lavandula angustifolia

| | Human factors

  Lavender picking in the south of France developed in particular during the second half of the 19th century; at that time, a massive exodus of the rural population led to the poorer parts of the countryside becoming depopulated. Land which had been cleared of trees and cultivated for centuries was abandoned. Erosion led to the rapid deterioration of the soil, often exposing the underlying rock. Only robust plants requiring little care can thrive in such soils: among such plants are lavender and spike lavender, which quickly cover abandoned hillsides. |
| --- | --- |

Human factors

Human factors

Lavender picking in the south of France developed in particular during the second half of the 19th century; at that time, a massive exodus of the rural population led to the poorer parts of the countryside becoming depopulated. Land which had been cleared of trees and cultivated for centuries was abandoned. Erosion led to the rapid deterioration of the soil, often exposing the underlying rock. Only robust plants requiring little care can thrive in such soils: among such plants are lavender and spike lavender, which quickly cover abandoned hillsides.

At same time, there was strong growth in the use of perfumes and cosmetics. As a result of the wealth of locally available raw materials and the know-how passed on from generation to generation, the perfume industry has prospered right up to the present day, giving Grasse its international reputation as the perfume capital.

Some perfume houses moved their operations from Grasse out into the hinterland and set up their own stills for the whole summer in the areas in which lavender was harvested; others established arrangements with local distillers who gathered the essences for them. A commercial outlet for lavender essences was therefore assured, encouraging a rapid expansion in lavender-gathering in the mountainous areas of Haute-Provence which until then had been given over to the raising of small livestock and the cultivation of food crops.

5.2.   Specificity of the product

Specificity of the product

Typical features of the product

Typical features of the product

Fine lavender comes from plants of local origin that have been sown or from young self-sown plants cultivated within a population. The rich diversity of varieties within these populations gives the fine lavender essences specific characteristics and a quality which marks them out very distinctly from other essences. The analytical parameters most representative of ‘Huile essentielle de lavande de Haute-Provence’/‘Essence de lavande de Haute-Provence’, expressed in terms of chromatographic peaks measured for each of the areas, are linalool, lavandulol and lavandulyl acetate (the values for these aromatic constituents are defined under item 3.2). The aroma of fine lavender is distinct from that of other lavenders (lavandin and spike lavender).

Reputation

Reputation

Grasse’s reputation for perfume is based on the production of essential lavender oil in the region. The advent of the cultivation of lavandin, a more productive species, but most importantly one that produces an essential oil of lesser quality, led producers to base the production of essential oil strictly on the distillation of fine lavender so that perfume makers could continue to be supplied with the essential oil which established their reputation.

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)

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 sensitivity of lavender to the natural environment has significant repercussions for the chemical composition of the essences produced by the plants, and consequently on their scent. This is particularly true of fine lavender growing in populations (plants of local origin that are propagated solely by sowing, without any clonal selection or the use of plants propagated vegetatively); each plant has its own genetic personality and produces an essential oil with its own analytical and olfactory nuances.

Lavender that has been grown on the most mountainous terrain at an altitude of at least 600 or 800 metres benefits from cool temperatures, which guarantee that the essential oil has a delicate aroma.

The lack of water in the soil in these mountainous areas and the restrictions on its use limit the range of plants that can grow there and leads to the plants synthesising aromatic constituents.

After cutting, the flowers must be dried, so that any possible excess water which could interfere with the distillation process is lost. Steam distillation is used, this being the only technique which permits the flower’s aromatic constituents to be preserved. The steam passing through the plant matter carries the essential oils along with it; this steam is then chilled, causing it to liquefy. The maximum yield from each hectare of a plantation is restricted in order to maintain the concentration and aromatic characteristics of the essential oil.

A producer of fine lavender has a profound attachment to his product.

Reference to publication of the specification

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006) (3)

3

https://www.inao.gouv.fr/fichier/CDCHuileEssentielleLavandeHauteProvence.pdf

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(1)  Replaced by Regulation (EU) No 1151/2012.

1

(2)  See footnote 1.

2

(3)  See footnote 1.

3

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