# Official Journal C 417/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 417 |
| | |
| English edition | Information and Notices | Volume 6414 October 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 417

English edition

Information and Notices

Volume 6414 October 2021

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 417/01 | Commission notice – Guidelines on the closure of operational programmes adopted for assistance from the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (2014-2020) | 1 |
| 2021/C 417/02 | Non-opposition to a notified concentration (Case M.10401 – SAMI/DUSSUR/FGA/SAMI FIGEAC AERO MANUFACTURING JV) (
  1
  ) | 21 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 417/01

Commission notice – Guidelines on the closure of operational programmes adopted for assistance from the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (2014-2020)

1

2021/C 417/02

Non-opposition to a notified concentration (Case M.10401 – SAMI/DUSSUR/FGA/SAMI FIGEAC AERO MANUFACTURING JV) (
  1
  )

1

21

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 417/03 | Euro exchange rates — 13 October 2021 | 22 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 417/03

Euro exchange rates — 13 October 2021

22

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2021/C 417/04 | Judgment of the Court of 18 June 2021 in Case E-10/20 – ADCADA Immobilien AG PCC in Konkurs v the Financial Market Authority (Finanzmarktaufsicht)
  (Regulation (EU) 2017/1129 – Investor protection – Notion of an offer of securities to the public – Disclosure of information – Obligation to publish a prospectus – Exemptions) | 23 |
| 2021/C 417/05 | Judgment of the Court of 30 June 2021 in Case E-13/20 – O v The Norwegian Government, represented by the Labour and Welfare Directorate (Arbeids- og velferdsdirektoratet)
  (Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State) | 25 |
| 2021/C 417/06 | Judgment of the Court of 30 June 2021 in Case E-15/20 criminal proceedings against P
  (Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State) | 26 |
| 2021/C 417/07 | Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 26 May 2021 in the case of Norep AS v Haugen Gruppen AS (Case E-2/21) | 27 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2021/C 417/08 | Prior notification of a concentration (Case M.10508 – Hutchison 3 Indonesia/Indosat) – Candidate case for simplified procedure (
  1
  ) | 28 |
| 2021/C 417/09 | Prior notification of a concentration (Case M. 10418 - EFMS/Goldman Sachs/Parexel) – Candidate case for simplified procedure (
  1
  ) | 30 |
| | OTHER ACTS |
| | European Commission |
| 2021/C 417/10 | Publication of an application for registration of a name 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 | 32 |
| 2021/C 417/11 | Publication of an application for registration of a name 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 | 36 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2021/C 417/04

Judgment of the Court of 18 June 2021 in Case E-10/20 – ADCADA Immobilien AG PCC in Konkurs v the Financial Market Authority (Finanzmarktaufsicht)
  (Regulation (EU) 2017/1129 – Investor protection – Notion of an offer of securities to the public – Disclosure of information – Obligation to publish a prospectus – Exemptions)

(Regulation (EU) 2017/1129 – Investor protection – Notion of an offer of securities to the public – Disclosure of information – Obligation to publish a prospectus – Exemptions)

23

2021/C 417/05

Judgment of the Court of 30 June 2021 in Case E-13/20 – O v The Norwegian Government, represented by the Labour and Welfare Directorate (Arbeids- og velferdsdirektoratet)
  (Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

Arbeids- og velferdsdirektoratet

(Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

25

2021/C 417/06

Judgment of the Court of 30 June 2021 in Case E-15/20 criminal proceedings against P
  (Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

(Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

26

2021/C 417/07

Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 26 May 2021 in the case of Norep AS v Haugen Gruppen AS (Case E-2/21)

27

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2021/C 417/08

Prior notification of a concentration (Case M.10508 – Hutchison 3 Indonesia/Indosat) – Candidate case for simplified procedure (
  1
  )

1

28

2021/C 417/09

Prior notification of a concentration (Case M. 10418 - EFMS/Goldman Sachs/Parexel) – Candidate case for simplified procedure (
  1
  )

1

30

OTHER ACTS

European Commission

2021/C 417/10

Publication of an application for registration of a name 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

32

2021/C 417/11

Publication of an application for registration of a name 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

36

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.10.2021 | EN | Official Journal of the European Union | C 417/1 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/1

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COMMISSION NOTICE

Guidelines on the closure of operational programmes adopted for assistance from the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (2014-2020)

(2021/C 417/01)

| DISCLAIMER:


  This is a working document prepared by the Commission services. On the basis of applicable EU law, it provides technical guidance for colleagues and bodies involved in the closure of the European Regional development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund. This guidance is without prejudice to the interpretation of the Court of Justice and the General Court. |
| --- |

DISCLAIMER:

This is a working document prepared by the Commission services. On the basis of applicable EU law, it provides technical guidance for colleagues and bodies involved in the closure of the European Regional development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund. This guidance is without prejudice to the interpretation of the Court of Justice and the General Court.

Table of Contents

| 1. | GENERAL PRINCIPLES |
| --- | --- |

1.

| 2. | POSSIBILITY OF EARLY CLOSURE |
| --- | --- |

2.

| 3. | PREPARATION FOR CLOSURE |
| --- | --- |

3.

| 3.1. | Amendment of programmes |
| --- | --- |

3.1.

| 3.2. | Submission/ notification and amendment of major projects |
| --- | --- |

3.2.

| 4. | FINANCIAL MANAGEMENT |
| --- | --- |

4.

| 4.1. | Decommitment |
| --- | --- |

4.1.

| 4.2. | Clearance of the initial and annual pre-financing |
| --- | --- |

4.2.

| 4.3. | Calculation of the final balance |
| --- | --- |

4.3.

| 4.4. | Overbooking |
| --- | --- |

4.4.

| 5. | INDICATORS AND PERFORMANCE FRAMEWORK AT CLOSURE |
| --- | --- |

5.

| 5.1. | Reporting output indicators achievement values |
| --- | --- |

5.1.

| 5.2. | Implications of the performance framework for closure |
| --- | --- |

5.2.

| 6. | PHASING OF CERTAIN OPERATIONS OVER TWO PROGRAMMING PERIODS |
| --- | --- |

6.

| 7. | NON-FUNCTIONING OPERATIONS |
| --- | --- |

7.

| 8. | OPERATIONS AFFECTED BY ONGOING NATIONAL INVESTIGATIONS OR SUSPENDED BY A LEGAL PROCEEDING OR BY AN ADMINISTRATIVE APPEAL HAVING SUSPENSORY EFFECT |
| --- | --- |

8.

| 9. | EXPENDITURE AFFECTED BY ONGOING OLAF INVESTIGATIONS, OLAF REPORTS OR AUDITS OF THE COMMISSION OR THE EUROPEAN COURT OF AUDITORS |
| --- | --- |

9.

| 10. | IRREGULARITIES |
| --- | --- |

10.

| 10.1. | Treatment of irregularities in the final accounting year |
| --- | --- |

10.1.

| 10.2. | Amounts to be recovered and irrecoverable amounts |
| --- | --- |

10.2.

| 10.3. | Risk of irregularities leading to additional verifications by the programme authorities of expenditure already declared to the Commission |
| --- | --- |

10.3.

| 10.4. | Amounts recovered after closure |
| --- | --- |

10.4.

| 11. | SUBMISSION OF CLOSURE DOCUMENTS |
| --- | --- |

11.

| 11.1. | Deadline for submission of closure documents |
| --- | --- |

11.1.

| 11.2. | Modification of the closure documents after the deadline for their submission |
| --- | --- |

11.2.

| 11.3. | Availability of documents |
| --- | --- |

11.3.

| 12. | CONTENT OF CLOSURE DOCUMENTS |
| --- | --- |

12.

| 12.1. | Final implementation report |
| --- | --- |

12.1.

| 12.1.1. | Reporting on major projects |
| --- | --- |

12.1.1.

| 12.1.2. | Acceptance and deadlines |
| --- | --- |

12.1.2.

| 12.2. | Accounts |
| --- | --- |

12.2.

| 12.2.1. | Examination and acceptance |
| --- | --- |

12.2.1.

| 12.3. | Management declaration and annual summary |
| --- | --- |

12.3.

| 12.4. | Audit opinion and control report |
| --- | --- |

12.4.

| 12.4.1. | Financial instruments |
| --- | --- |

12.4.1.

| 12.4.2. | Reliability of data |
| --- | --- |

12.4.2.

| 12.4.3. | Public expenditure paid to beneficiaries |
| --- | --- |

12.4.3.

| 13. | PAYMENT OF THE FINAL BALANCE |
| --- | --- |

13.

| 14. | LEGALITY AND REGULARITY ISSUES |
| --- | --- |

14.

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

Taking into account the importance of timely and efficient closure of the operational programmes approved for assistance from the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund for the programming period from 1 January 2014 to 31 December 2020, including those benefiting from the REACT-EU resources, it is necessary to provide proper guidance on the closing of those operational programmes in accordance with Regulation (EU) No 1303/2013 of the European Parliament and of the Council (1) and the legal acts of general application adopted on its basis.

In view of the experience of closing the 2000-2006 and 2007-2013 programming periods, the guidelines propose simplified procedures aiming to build on the best practices identified during the closure of these previous periods.

The guidelines take into account the unprecedented COVID-19 crisis in 2020 and 2021 as well as its impact on programme implementation.

The purpose of the guidelines is to facilitate the closure process by providing the methodological framework under which the closure exercise should take place for the financial settlement of the Union’s outstanding budgetary commitments through payment of any final balance to the Member State in respect of a programme and/or decommitment or recovery of the sums unduly paid by the Commission to the Member State.

With the system of annual examination and acceptance of accounts, a significant simplification of the closure procedure has been introduced. The final closure of the programme should therefore be based only on the documents relating to the final accounting year and the final implementation report or the last annual implementation report.

1.   GENERAL PRINCIPLES

The operational programmes under the European Regional Development Fund (‘ERDF’), the European Social Fund (‘ESF’), the Cohesion Fund (hereinafter referred to as the ‘Funds’) and the European Maritime and Fisheries Fund (‘EMFF’) implemented in accordance with the Common Provisions Regulation (2) (‘the CPR’) for the 2014-2020 programming period (3) shall be closed in accordance with the present guidelines.

Closure of such programmes entails the financial settlement of the Union’s outstanding budgetary commitments through payment of any final balance to the Member State (4) in respect of a programme and/or the decommitment or recovery of the sums unduly paid by the Commission to the Member State. The closure of programmes is without prejudice to the Commission’s power to impose financial corrections under the relevant provisions of the CPR.

2.   POSSIBILITY OF EARLY CLOSURE

Member States may request an early closure provided that they have carried out all the activities related to the implementation of the programme. For this purpose, an earlier accounting year than the one running from 1 July 2023 to 30 June 2024 should be considered as the final accounting year of the programme. If the Commission accepts such a request, the Member State must submit the closure documents set out in Article 141 of the CPR (the ‘closure documents’) by 15 February of the year following the accounting year considered. Early closure should follow all rules established for closure.

3.   PREPARATION FOR CLOSURE

3.1.   Amendment of programmes

To ensure proper implementation of programmes and timely preparation of closure, Member States should submit requests for programme amendments (5), including amendments of financing plans to transfer funds between the priority axes of the same programme under the same category of region and the same Fund, by 30 September 2023. This will permit decisions to be adopted before the final date of eligibility, 31 December 2023. Member States should notify revised financial tables to the Commission for non-substantial transfers according to Article 30(5) of the CPR (6) before the final date of eligibility, 31 December 2023.

Transfers of REACT-EU resources referred to in Article 92a of the CPR (7) between the ERDF and ESF, pursuant to the tenth subparagraph of Article 92b(5) of the CPR (8) can only apply to the ongoing year or to future years in the financing plan. Any requests for amendments of the financing plans affecting the resources available for programming for the years 2021 and 2022 involving a transfer between the ERDF and the ESF should be submitted by 15 November of the corresponding year, to allow for sufficient time for the decisions to be adopted before 31 December. Annual budgetary commitments for a given year cannot be modified beyond 31 December of that year.

3.2.   Submission/ notification and amendment of major projects

As major projects involve considerable amounts of the Funds and are therefore important for the overall performance of the programmes, Member States should submit a request or a notification for major project approval or amendment by 30 September 2023. This will permit adoption of the decisions before the final date of eligibility, 31 December 2023 (9).

The submission and notification of major projects must follow the procedures set out in Article 102 and 103 of the CPR and the information requirements of Article 101 of the CPR, of Commission Implementing Regulation (EU) 2015/207 (10) and of Commission Implementing Regulation (EU) No 1011/2014 (11).

The requests for amendment of major projects must follow the same procedure as the one used for the initial notification or submission to the Commission (Article 102(1) or Article 102(2) of the CPR respectively). Amendments of major projects include phasing requests, amendments of major projects still to be completed in the 2014-2020 programming period and cancellation of major projects.

4.   FINANCIAL MANAGEMENT

4.1.   Decommitment

Unused commitments related to the last year of the programming period will be decommitted in the course of closure (12). The part of commitments still open on 31 December 2023 will be decommitted if any of the closure documents has not been submitted to the Commission by 15 February 2025, or 1 March 2025 if extended by the Commission (13).

Pursuant to the second subparagraph of Article 92b(8) of the CPR (14), the programmes to which the Member States allocate REACT-EU resources will cover the period until 31 December 2022, subject to paragraph 4 of that Article. Unused commitments related to REACT-EU resources will also be decommitted in the course of the closure of the programmes (15).

4.2.   Clearance of the initial and annual pre-financing

The Commission will carry out clearance of initial pre-financing paid to Member States not later than when a programme is closed (16). This also applies to additional pre-financing paid from the REACT-EU resources (17).

Amounts paid as initial pre-financing can be cleared only with regard to declared eligible expenditure. Clearance of initial pre-financing may, however, start as soon as the programme receives through payments the maximum Funds contribution set out in the Commission decision approving the programme. In this event, the eligible expenditure included in the accounts will be used by the Commission, following calculation of the amount chargeable to the Funds and the EMFF, to clear the annual pre-financing first and the Commission will thereafter proceed with clearance of the initial pre-financing. Clearance will be done by programme, Fund and category of region, after acceptance of the accounts.

Amounts not recovered by the Commission in 2020 for the accounts submitted in 2020, will be cleared or recovered at closure (18). Such amounts will be taken into account when calculating the final balance for the programme.

4.3.   Calculation of the final balance

For the final accounting year, as for any other accounting year, the Commission will reimburse 90 % of the amount claimed by the Member State by applying the co-financing rate for each priority to the eligible expenditure for the priority included in the interim payment applications, provided there are available commitments in the programme, and subject to available funding.

The Commission will determine the amount chargeable to the Funds and to the EMFF for the final accounting year in accordance with Article 139 of the CPR. Article 139(6) of the CPR establishes that, on the basis of the accepted accounts, the Commission calculates the amount chargeable to the Funds and to the EMFF for the accounting year taking into account both the amounts in the accounts and the total amount of payments made by the Commission during the accounting year.

Following the calculation of the amount chargeable to the Funds and the EMFF, the Commission will clear the annual and/or initial pre-financing. In line with the second subparagraph of Article 139(7) of the CPR (19), amounts recoverable but not recovered by the Commission for the accounts submitted in 2020 will be cleared or recovered at closure.

In line with Article 130(3) of the CPR (20), the contribution from the Funds or the EMFF through payment of the final balance must not exceed:

| — | at the level of the priority per Fund and per category of region,






  — | by more than 10 %, the contribution from the Funds or the EMFF for each priority per Fund and per category of region as set out in the Commission decision approving the programme; |
| --- | --- | --- |

—

at the level of the priority per Fund and per category of region,

—

by more than 10 %, the contribution from the Funds or the EMFF for each priority per Fund and per category of region as set out in the Commission decision approving the programme;

| — | at the level of the programme,






  — | the eligible public expenditure declared; or |
| --- | --- | --- |

—

at the level of the programme,

—

the eligible public expenditure declared; or

| — | the contribution from each Fund and category of region to each programme as set out in the Commission decision approving the programme; whichever is the lower. |
| --- | --- |

—

the contribution from each Fund and category of region to each programme as set out in the Commission decision approving the programme; whichever is the lower.

REACT-EU resources constitute external assigned revenue which, in accordance with Article 21(1) of the Financial Regulation (21), shall be used to finance specific items of expenditure. REACT-EU resources are kept on specific budget lines, separate from the non-REACT-EU ERDF and ESF budget lines. Therefore, it is not possible to apply the 10 % flexibility between them, as this would imply a modification of the budgetary commitment after the year in which it was made. As a result, in the case of REACT-EU, the 10 % flexibility will only apply between the REACT-EU priorities of the same Fund within the same programme, for instance between two REACT-EU ERDF priorities.

The amount due to be paid/recovered calculated in accordance with the rules explained above will constitute the final balance for the programme.

An example of a final balance calculation for a programme is set out in Annex IV to these guidelines.

4.4.   Overbooking

Overbooking is the practice of the Member States of declaring to the Commission eligible expenditure in excess of the maximum Funds contribution set out in the Commission decision approving the programme.

As payment applications are cumulative only within a given accounting year, if a priority reaches the maximum Funds contribution set out in the Commission decision approving the programme before the final accounting year, expenditure declared to the Commission in excess of this maximum Funds contribution for the priority will not be carried over to the next accounting year.

Certifying authorities may therefore decide that amounts entered in their accounting system in an accounting year are declared to the Commission in a subsequent accounting year or indeed in the final accounting year for the purposes of the closure.

Taking the above into account, and should Member States wish to have overbooked expenditure available in the final accounting year, they could refrain from declaring to the Commission overbooked expenditure in any accounting year before the final accounting year and use this expenditure considering the needs of the programme. Member States may consider declaring overbooked expenditure only in the final accounting year, except if:

| — | they need to declare it in an earlier accounting year to replace irregular amounts detected (within the limits of the Funds or the EMFF contribution for the priority); or |
| --- | --- |

—

they need to declare it in an earlier accounting year to replace irregular amounts detected (within the limits of the Funds or the EMFF contribution for the priority); or

| — | they modify the financing plan of the programme to increase the Funds or the EMFF contribution for the overbooked priority in accordance with the rules applicable to the programme amendments. |
| --- | --- |

—

they modify the financing plan of the programme to increase the Funds or the EMFF contribution for the overbooked priority in accordance with the rules applicable to the programme amendments.

If overbooked expenditure is not needed before the final accounting year, Member States would declare to the Commission such expenditure, including expenditure incurred and paid by beneficiaries during the previous accounting years, only in the final accounting year (or at an earlier stage if a Member State opts for an early closure). Overbooked expenditure declared to the Commission in the final accounting year will be considered at and after closure to replace irregular amounts (declared in any accounting year, including the final accounting year) and for the 10 % flexibility as per Article 130(3) of the CPR (22). Without prejudice to Article 145(7) of the CPR, the Member States may be able to replace irregular amounts, which are detected after the submission of the accounts for the final accounting year/after closure, using overbooked expenditure.

5.   INDICATORS AND PERFORMANCE FRAMEWORK AT CLOSURE

At closure for the EMFF, data for indicators must be transmitted in the last annual implementation report of the programme using the template tables 1, 2 and 3 set out in Annex to Commission Implementing Regulation (EU) No 1362/2014 (23).

At closure for the ERDF, ESF and Cohesion Fund, data for output and result indicators must be transmitted in the final implementation report of the programme using the template tables 1, 2, 3 and 4 set out in Annex V to Commission Implementing Regulation (EU) 2015/207. In the column ‘Observations’, Member States should explain (where necessary) the year 2023 achievement values, especially in cases where they are significantly different from the set targets (i.e. a deviation of more than 20 %). Data for the indicators selected for the performance framework must be reported in table 5 of Annex V to Commission Implementing Regulation (EU) 2015/207.

Member States are required to include in the final implementation report the following information on indicators:

| — | cumulative (annual for ESF): values for output and result indicators up to and including the year 2023. For ERDF and Cohesion Fund output indicators and for ESF outputs and result indicators, values will relate to operations that are co-financed by the programme; |
| --- | --- |

—

cumulative (annual for ESF): values for output and result indicators up to and including the year 2023. For ERDF and Cohesion Fund output indicators and for ESF outputs and result indicators, values will relate to operations that are co-financed by the programme;

| — | any issues affecting the performance of the programme, including the achievement of the targets; |
| --- | --- |

—

any issues affecting the performance of the programme, including the achievement of the targets;

| — | (for ERDF and Cohesion Fund) the year 2023 values for the result indicators of the programmes either taken from statistics or provided by information sources specific to the priority (such as surveys), at particular points in time. Such values must encompass the contribution of the programme and the contribution of other factors. They relate to all potential beneficiaries (the same unit of analysis as for the definition of the baseline). |
| --- | --- |

—

(for ERDF and Cohesion Fund) the year 2023 values for the result indicators of the programmes either taken from statistics or provided by information sources specific to the priority (such as surveys), at particular points in time. Such values must encompass the contribution of the programme and the contribution of other factors. They relate to all potential beneficiaries (the same unit of analysis as for the definition of the baseline).

Member States are recommended not to revise the targets beyond 2022, except for cases where the revision is due to changes in allocations for a given priority or phasing of certain operations. The achievement of targets will be assessed by the Commission taking into account the information provided in the final implementation report of the programme, including elements and factors that might have seriously affected the achievement of the targets set.

5.1.   Reporting output indicators achievement values

Output indicator achievement values reported in the final implementation report or the last annual implementation report for the EMFF of a programme should refer to what has been delivered by the operations supported under the programme. Although the indicator achievement values should correspond to the situation at 31 December 2023, in practice, outputs delivered by the co-financed operations until the date of submission of the final implementation report or the last annual implementation report for the EMFF of the programme can be reported in these documents. Programme audit authorities should conclude on the reliability of performance data in the annual control report of the final accounting year.

For phased operations (see section 6 of these guidelines), only outputs actually delivered by the phase included in the 2014-2020 programming period can be reported in the final implementation report of the programme. Other outputs (together with the related expenditure) must be reported under the 2021-2027 programming period.

For non-functioning operations (see section 7 of these guidelines), only outputs actually delivered based on the expenditure declared under the programme should be reported in the final implementation report of the programme. In certain cases, this will mean zero output is reported. Outputs delivered by non-functioning operations will be assessed after 15 February 2026, the deadline for Member States to physically complete or fully implement such operations and ensure they contribute to the objectives of the relevant priorities.

5.2.   Implications of the performance framework for closure

The Commission will assess the achievement of the target values for indicators in the performance framework based on the values reported in the final implementation report or the last annual implementation report for the EMFF of the programme.

Member States may propose a revision of targets through a programme amendment in duly justified cases, such as a significant change in the economic, environmental and labour market conditions, and when the revision is a consequence of changes in allocations for a given priority (24). The revision of the targets may be proposed by Member States through a programme amendment in case of phasing of certain operations pursuant to section 6 of these guidelines.

A serious failure to achieve the targets relating only to financial indicators, output indicators and key implementation steps may give rise to financial corrections if the conditions set out in Article 22(7) of the CPR are met (25). A serious failure is assessed in accordance with criteria set out in Article 6(3) and (4) of the Commission Implementing Regulation (EU) No 215/2014 (26).

Where a programme authority decides to include non-functioning operations in a programme, the lack of outputs may adversely affect the achievement of the targets selected for the performance framework. If the non-functioning operations included in the programme result in a serious failure to achieve the targets selected for the performance framework, the undertaking by the Member State to physically complete or fully implement such operations and to ensure they contribute to the objectives of the relevant priorities by 15 February 2026, will be assimilated to a corrective action in order to achieve the targets, referred to in Article 22(7) of the CPR. This is subject to the condition that the necessary outputs are delivered, by the operations concerned, in the additional year granted by section 7 of these guidelines. A financial correction may be applied if the outputs are not delivered by 15 February 2026.

If phasing of certain operations results in a serious failure to achieve the targets selected for the performance framework, the Commission may decide to apply a financial correction under Article 22(7) of the CPR.

In line with Article 2 of Commission Delegated Regulation (EU) No 480/2014 (27), financial corrections will be determined on a flat rate basis having regard to the achievement/absorption coefficient, i.e., the average of final achievement rates for all output indicators and key implementation steps selected for the performance framework under a given priority divided by the final achievement rate for the financial indicator selected for the performance framework under a given priority. Pursuant to Article 3(2) of the same Delegated Regulation, the flat rate correction is to be applied to the contribution from the Fund based on the expenditure declared by the Member State under the priority concerned. Under Article 3(4) of the Delegated Regulation, the level of financial correction resulting from the application of the flat rate must not be disproportionate.

According to Article 92b(13)(c) of the CPR (28), the requirements on the performance reserve and the application of the performance framework do not apply to the REACT-EU resources.

6.   PHASING OF CERTAIN OPERATIONS OVER TWO PROGRAMMING PERIODS

This section is based on Article 118 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (29) which provides conditions for operations subject to phased implementation.

Operations should be physically completed or fully implemented and contributing to the objectives of the relevant priorities at the time of submission of the closure documents. However, as it is sometimes difficult to align operations’ implementation with the programming period and in order to ensure that operations are completed and contribute to the policy goals, phasing operations into the 2021-2027 programming period is possible (with the exception of financial instruments) provided that all the following conditions are met:

| — | the operation was not co-financed by the Funds or the EMFF under the 2007-2013 programming period; |
| --- | --- |

—

the operation was not co-financed by the Funds or the EMFF under the 2007-2013 programming period;

| — | the total cost of both phases of the operation exceeds EUR 5 million; |
| --- | --- |

—

the total cost of both phases of the operation exceeds EUR 5 million;

| — | the operation has two identifiable phases from a financial point of view; |
| --- | --- |

—

the operation has two identifiable phases from a financial point of view;

| — | there is a detailed and complete audit trail for the expenditure to ensure that the same expenditure is not declared twice to the Commission; |
| --- | --- |

—

there is a detailed and complete audit trail for the expenditure to ensure that the same expenditure is not declared twice to the Commission;

| — | the second phase of the operation is eligible for co-financing from the ERDF, the ESF+, the Cohesion Fund or the EMFAF (30) under the 2021-2027 programming period and is compliant with all applicable rules of the 2021-2027 programming period; |
| --- | --- |

—

the second phase of the operation is eligible for co-financing from the ERDF, the ESF+, the Cohesion Fund or the EMFAF (30) under the 2021-2027 programming period and is compliant with all applicable rules of the 2021-2027 programming period;

| — | the Member State undertakes, in the final implementation report submitted in line with Article 141 of the CPR, or in the context of the EMFF in the last annual implementation report, to complete the second and final phase during the 2021-2027 programming period. |
| --- | --- |

—

the Member State undertakes, in the final implementation report submitted in line with Article 141 of the CPR, or in the context of the EMFF in the last annual implementation report, to complete the second and final phase during the 2021-2027 programming period.

Member States should submit, with the final implementation report (or, for the EMFF, with the last annual implementation report), a list of all phased operations, using the template provided in Annex I to these guidelines.

In doing so, Member States undertake that the operations listed in Annex I to these guidelines will be functioning, i.e. physically completed or fully implemented and contributing to the objectives of the relevant priorities by the deadline to submit the assurance package for the final accounting year of the 2021-2027 programming period. An operation phased in this way is considered as a whole and regarded as completed only once both phases have been physically completed or fully implemented and have contributed to the objectives of the relevant priorities. Failure to complete a phased operation as planned may give rise to financial corrections for both phases of the operation.

In order to request formally the phasing of a major project, Member States should submit or notify either a major project which foresees phasing over two programming periods or a request for amendment of a major project already approved in 2014-2020 (see section 3.2 of these guidelines).

In line with section 11.2 of these guidelines, the list of phased operations submitted with the final implementation report (or, for the EMFF, the last annual implementation report) using the template in Annex I of these guidelines may not be modified after the deadline for the submission of the closure documents, except when the Commission requests a modification or in the cases of clerical mistakes.

7.   NON-FUNCTIONING OPERATIONS

As stated above, at the time of submission of the closure documents, Member States must ensure that all operations (including the operations phased from the 2007-2013 programming period) in the programme are functioning, i.e., they have been physically completed or fully implemented and have contributed to the objectives of the relevant priorities (31).

Member States are invited to exclude from the accounts for the final accounting year expenditure incurred and paid for operations that are not physically completed or fully implemented and/or not contributing to the objectives of the relevant priorities (‘non-functioning operations’). Member States may however decide to include in the accounts for the final accounting year such expenditure provided that:

| — | the total cost of each non-functioning operation exceeds EUR 2 million; and |
| --- | --- |

—

the total cost of each non-functioning operation exceeds EUR 2 million; and

| — | the total expenditure certified to the Commission for the non-functioning operations does not exceed 10 % of the eligible total expenditure (EU and national) decided for the programme. |
| --- | --- |

—

the total expenditure certified to the Commission for the non-functioning operations does not exceed 10 % of the eligible total expenditure (EU and national) decided for the programme.

By including expenditure for non-functioning operations in the accounts for the final accounting year, Member States undertake to physically complete or fully implement all such non-functioning operations and ensure they contribute to the objectives of the relevant priorities not later than by 15 February 2026, and to reimburse the amounts concerned to the EU budget if such operations are non-functioning by this date.

Member States should submit, with the final implementation report (or, for the EMFF, the last annual implementation report), a list of the non-functioning operations included in the programme, using the template provided in Annex II to these guidelines. Member States should monitor the non-functioning operations and by 15 February 2026, they should provide the Commission with the necessary information on their physical completion or full implementation and their contribution to the objectives of the relevant priorities.

If the operations are non-functioning by 15 February 2026, Member States, taking into account the status of completion and implementation as well as the achievement of the overall objectives of the operations, should provide the Commission with the amounts to be corrected and justification as to how the amounts were calculated. Upon receipt of this information, the Commission will proceed with the recovery of the amounts concerned. Any irregular amounts may be replaced using overbooked expenditure (if available).

If the Commission disagrees with the calculation of the amounts to be corrected, it may decide to initiate a financial correction procedure.

In addition, the lack of physical completion or full implementation of the operations and/or their lack of contribution to the objectives of the relevant priorities by the above deadline may give rise to a financial correction for a serious failure to achieve the targets selected for the performance framework (32).

8.   OPERATIONS AFFECTED BY ONGOING NATIONAL INVESTIGATIONS OR SUSPENDED BY A LEGAL PROCEEDING OR BY AN ADMINISTRATIVE APPEAL HAVING SUSPENSORY EFFECT

Before submitting the closure documents, Member States should decide whether or not to exclude from the accounts for the final accounting year all or part of the expenditure for any operation affected by ongoing national investigations or suspended by a legal proceeding or by an administrative appeal having suspensory effect.

Examples of ongoing national investigations include investigations carried out by national bodies different to the programme authorities (such as police investigations, judicial or criminal investigations) the outcome of which may affect the expenditure’s legality and regularity.

Suspension of an operation by a legal proceeding or by an administrative appeal does not extend the final date for incurring eligible expenditure set out in Article 65 of the CPR.

No expenditure may be declared for operations suspended by a legal proceeding or by an administrative appeal having suspensory effect after the submission of the final application for an interim payment for the final accounting year.

If operations affected by ongoing national investigations or suspended by a legal proceeding or by an administrative appeal having suspensory effect are not excluded from the accounts for the final accounting year, Member States should submit, with the final implementation report, a list of such operations using the template provided in Annex III to these guidelines.

Member States must inform (33) the Commission about the outcome of national investigations, legal proceedings and administrative appeals. Where irregularities are established, the Commission will proceed with recovery of the amounts concerned. Any irregular amounts may be replaced using overbooked expenditure (if available).

9.   EXPENDITURE AFFECTED BY ONGOING OLAF INVESTIGATIONS, OLAF REPORTS OR AUDITS OF THE COMMISSION OR THE EUROPEAN COURT OF AUDITORS

Before submitting the closure documents, Member States are invited to exclude from the accounts for the final accounting year expenditure affected by potential irregularities identified in ongoing OLAF investigations (if such investigations and the concerned affected expenditure are known to the Member States at that stage), OLAF reports or the Commission’s or the European Court of Auditors’ audits. If the Member State contests such findings or the concerned affected expenditure amounts and includes the affected expenditure in the accounts, the Commission will continue the contradictory procedure, which may lead to a financial correction. Without prejudice to Article 145(7) of the CPR, any irregular amounts may be replaced using overbooked expenditure (if available).

10.   IRREGULARITIES

The accounts for any accounting year, including the final one, must include at the level of each priority and, where applicable, at the level of Fund and category of region:

| — | the amounts withdrawn and recovered during the accounting year; |
| --- | --- |

—

the amounts withdrawn and recovered during the accounting year;

| — | the amounts to be recovered at the end of the accounting year; |
| --- | --- |

—

the amounts to be recovered at the end of the accounting year;

| — | the recoveries effected pursuant to Article 71 of the CPR; and |
| --- | --- |

—

the recoveries effected pursuant to Article 71 of the CPR; and

| — | the irrecoverable amounts (34). |
| --- | --- |

—

the irrecoverable amounts (34).

The format for reporting withdrawals and recoveries, amounts to be recovered, recoveries effected pursuant to Article 71 of the CPR and irrecoverable amounts are set out in the model for the accounts established in Annex VII to Commission Implementing Regulation (EU) No 1011/2014 (Appendices 2, 3, 4 and 5 respectively).

10.1.   Treatment of irregularities in the final accounting year

Given that after the final application for an interim payment to be submitted by 31 July 2024, no subsequent payment application can be submitted to the Commission, any necessary deductions (notwithstanding the fact that they may refer to the expenditure declared in previous accounting years) must be carried out in the accounts for the final accounting year and reported in accordance with the model for the accounts, in particular Appendices 1, 2 and 8 thereto.

This does not concern amounts to be recovered, irrecoverable amounts or amounts referred to in sections 8 and 9 of these guidelines for which the Member State decided to maintain the affected expenditure in the accounts.

If pursuant to Article 137(2) of the CPR, the Member State decides to exclude expenditure from the accounts for the final accounting year due to an ongoing assessment of that expenditure’s legality and regularity, if such expenditure is subsequently found to be legal and regular, it cannot be re-declared because there will be no subsequent applications for interim payment in which to include it.

10.2.   Amounts to be recovered and irrecoverable amounts

In the accounts for the final accounting year, Member States may report amounts to be recovered and irrecoverable amounts relating to expenditure declared not only in the previous accounting years, but also in the final accounting year (35). Member States may also report in the accounts for the final accounting year amounts that have become amounts to be recovered or irrecoverable amounts after the end of the final accounting year but before submission of the closure documents.

The Commission will exclude the amounts reported as to be recovered and irrecoverable from the calculation of the final balance (36).

The Commission will decide whether to reimburse the reported amounts from the budget of the Union, based on the outcome of the recovery process and/or of the Commission’s assessment in relation to irrecoverable amounts, in accordance with the procedure established in Commission Delegated Regulation (EU) 2016/568 (37). Amounts in Appendices 3 and 5 of the accounts related to expenditure declared in the final accounting year should also be included in Appendix 1 of the accounts to allow for their possible future reimbursement by the budget of the Union, pending the outcome of such procedures or assessments.

The Member State should inform the Commission at the earliest convenience on the outcome of the pending recovery process.

If a Member State concludes that irrecoverable amounts should be charged to the budget of the Union, it should submit a request to the Commission to confirm such a conclusion following the form set out in Annex to Commission Delegated Regulation (EU) 2016/568. The Commission will determine whether the irrecoverable amounts should be charged to the budget of the Union in accordance with the rules established in Article 3 of the same Regulation. This concerns irrecoverable amounts included in Appendix 5 (‘irrecoverable amounts’) of the programme accounts set out in Annex VII to Commission Implementing Regulation (EU) No 1011/2014 and also amounts included in Appendix 3 (‘amounts to be recovered’) of the same Annex as amounts to be recovered which may become irrecoverable amounts after the accounts for the final accounting year have been submitted.

10.3.   Risk of irregularities leading to additional verifications by the programme authorities of expenditure already declared to the Commission

If a risk of irregularities has been detected which leads to additional verifications by programme authorities of expenditure already declared to the Commission, national authorities must comply with the following deadlines:

| — | for expenditure deducted from the accounts of an accounting year preceding the final accounting year pursuant to Article 137(2) of the CPR, the additional verifications must be finalised in time to enable the declaration of the expenditure at the latest in the final application for an interim payment for the final accounting year, for which the deadline for submission is 31 July 2024; |
| --- | --- |

—

for expenditure deducted from the accounts of an accounting year preceding the final accounting year pursuant to Article 137(2) of the CPR, the additional verifications must be finalised in time to enable the declaration of the expenditure at the latest in the final application for an interim payment for the final accounting year, for which the deadline for submission is 31 July 2024;

| — | in case of a risk of irregularities leading to additional verifications of expenditure declared in the final accounting year, the decision about its legality and regularity and therefore the decision whether to keep this expenditure in or deduct it from the accounts for the final accounting year, should be taken at the moment of the submission of the accounts, for which the deadline for submission is 15 February 2025, or 1 March 2025, if extended by the Commission. |
| --- | --- |

—

in case of a risk of irregularities leading to additional verifications of expenditure declared in the final accounting year, the decision about its legality and regularity and therefore the decision whether to keep this expenditure in or deduct it from the accounts for the final accounting year, should be taken at the moment of the submission of the accounts, for which the deadline for submission is 15 February 2025, or 1 March 2025, if extended by the Commission.

10.4.   Amounts recovered after closure

If the Member State established irregularities after closure in relation to the expenditure included in the accounts, the amounts recovered after closure must be repaid to the budget of the Union. Any irregular amounts may be replaced using overbooked expenditure (if available).

11.   SUBMISSION OF CLOSURE DOCUMENTS

11.1.   Deadline for submission of closure documents

The closure documents must be submitted by 15 February 2025 (38) (except for the last annual implementation report of the EMFF which must be submitted by 31 May 2024 (39)). This deadline may be extended by the Commission to 1 March 2025, upon communication by the Member State concerned, according to Article 63(7) of the Financial Regulation.

The Commission will automatically decommit the part of the commitments still open on 31 December 2023 if any of the closure documents has not been submitted to the Commission by 15 February 2025 (or 1 March 2025, if extended by the Commission) (40). In such a case, closure of the programme will be carried out on the basis of the available information.

Failure to submit any of the closure documents may be an indication of a serious deficiency in the management and control system of the programme, which puts at risk the Union contribution already paid to the programme. The Commission may decide to impose a financial correction in such cases.

11.2.   Modification of the closure documents after the deadline for their submission

Member States may not modify any of the closure documents after the deadline for their submission, except when the Commission requests a modification or in case of clerical mistakes.

11.3.   Availability of documents

In line with Article 140(1) of the CPR, the retention period for the availability of documents could be interrupted either in the case of legal proceedings or by a duly justified request of the Commission.

If the Member State opted to phase an operation over two programming periods (as per section 6 of these guidelines), the Commission will make a request for an interruption of the retention period for the first phase of such operation until the retention period starts for the second phase of the operation in accordance with the fourth subparagraph of Article 140(1) of the CPR.

If the Member State opted to use the additional time granted by the Commission to physically complete or fully implement the non-functioning operation and to ensure it contributes to the objectives of the relevant priorities (as per section 7 of these guidelines), the Commission will make a request, in accordance with the fourth subparagraph of Article 140(1), for an interruption of the retention period for such operation until it is notified to the Commission as functioning, i.e. physically completed or fully implemented and have contributed to the objectives of the relevant priorities.

The interruption is justified by the fact that the overall eligibility and functioning of the whole operation (both phases) can only be verified or audited by the Commission services or the European Court of Auditors upon its completion.

12.   CONTENT OF CLOSURE DOCUMENTS

12.1.   Final implementation report

The final implementation report of the programmes supported by the ERDF, ESF and Cohesion Fund must include the information described in Articles 50(2) and (5) (for the Investment for growth and jobs goal and for the European territorial cooperation goal) and 111(3) of the CPR (for the Investment for growth and jobs goal).

The structure of the final implementation report is set out in Annex V (Investment for growth and Jobs goal) and Annex X (European Territorial Cooperation goal) to Commission Implementing Regulation (EU) 2015/207.

The final implementation report should additionally include:

| — | a list of all phased operations with the amount of the eligible expenditure for the first phase incurred in the 2014-2020 programming period according to section 6 of these guidelines. The list should follow the template in Annex I to these guidelines; |
| --- | --- |

—

a list of all phased operations with the amount of the eligible expenditure for the first phase incurred in the 2014-2020 programming period according to section 6 of these guidelines. The list should follow the template in Annex I to these guidelines;

| — | a list of all non-functioning operations according to section 7 of these guidelines. The list should follow the template in Annex II to these guidelines; |
| --- | --- |

—

a list of all non-functioning operations according to section 7 of these guidelines. The list should follow the template in Annex II to these guidelines;

| — | a list of all operations affected by ongoing national investigations or suspended by a legal proceeding or by an administrative appeal having suspensory effect according to section 8 of these guidelines. The list should follow the template in Annex III to these guidelines. |
| --- | --- |

—

a list of all operations affected by ongoing national investigations or suspended by a legal proceeding or by an administrative appeal having suspensory effect according to section 8 of these guidelines. The list should follow the template in Annex III to these guidelines.

For the programmes supported by the EMFF a final implementation report is not required. Instead, the last annual implementation report (which should include the tables in Annex I, II and III to these guidelines, where applicable) must be submitted by 31 May 2024, and include the information described in Article 50(2) of the CPR and Article 114 of the Regulation (EU) No 508/2014. The structure of such annual implementation report is set out in Annex to Commission Implementing Regulation (EU) No 1362/2014.

12.1.1.   Reporting on major projects

By including a major project in the final implementation report (table 12 of Annex V to the Implementing Commission Regulation (EU) 2015/207), the Member State confirms that the major project is physically completed or fully implemented and contributes to the objectives of the relevant priorities. Major projects that are non-functioning, or which are phased, should be reported in line with sections 6 and 7 of these guidelines (41).

In the column ‘Observations’ in table 12, Member States should indicate whether the major project has been implemented in accordance with the documentation submitted or notified to the Commission under Article 102 or 103 of the CPR which formed the basis for the Commission decision approving the financial contribution to the project, in the form of the decision or tacit agreement. Member States should describe and explain any divergence in the implementation of the major project compared to what was stated in the above-mentioned documentation.

The Commission will assess compliance of the implemented major project with the documentation submitted or notified (and the Commission decision approving the financial contribution where relevant). In doing so, the Commission will take into account the reasons and consequences of any non-compliance of the implemented major project with the documentation supporting the Commission’s approval and may impose a financial correction.

12.1.2.   Acceptance and deadlines

The Commission will examine the final implementation report and inform the Member State of its observations within five months of the date of its receipt (42). Where the Commission does not provide observations within this deadline, the report will be deemed to be accepted.

Member States will be given two months to respond to the Commission’s observations on a final implementation report. The Commission may extend this deadline by a further two months, upon request by a Member State. The final implementation report will be accepted if the Commission has no observations or if all the Commission’s observations have been adequately addressed.

12.2.   Accounts

The accounts for the final accounting year, as for any other accounting year, must include the information described in Article 137(1) of the CPR. The structure of the accounts is set out in Annex VII to Commission Implementing Regulation (EU) No 1011/2014. They need to be prepared taking into consideration the specific requirements for the final accounting year (see in particular section 10 above).

12.2.1.   Examination and acceptance

The examination and acceptance of the accounts for the final accounting year follows the same rules as established for the examination and acceptance of accounts for any other accounting year.

The Commission will apply procedures for the examination and acceptance of the accounts for the final accounting year and inform the Member State by 31 May 2025 as to whether it accepts that the accounts are complete, accurate and true (43).

12.3.   Management declaration and annual summary

The structure of the management declaration for the final accounting year, as for any other accounting year, is set out in Annex VI to Commission Implementing Regulation (EU) 2015/207.

12.4.   Audit opinion and control report

The structure of the audit opinion for the final accounting year, as for any other accounting year, is set out in Annex VIII to Commission Implementing Regulation (EU) 2015/207.

The structure of the control report for the final accounting year, as for any other accounting year, is set out in Annex IX to the Commission Implementing Regulation (EU) 2015/207.

Where a common management and control system applies to more than one programme, the Member State can opt to provide the required information in a single control report covering all the programmes concerned.

The control report for the final accounting year should also include:

| — | information on open findings stemming from the audits carried out by the Commission services or the European Court of Auditors, which should be provided in section 8 ‘Other information’ of the control report; |
| --- | --- |

—

information on open findings stemming from the audits carried out by the Commission services or the European Court of Auditors, which should be provided in section 8 ‘Other information’ of the control report;

| — | assurance on the legality and regularity of expenditure under financial instruments (Articles 41 and 42 of the CPR); |
| --- | --- |

—

assurance on the legality and regularity of expenditure under financial instruments (Articles 41 and 42 of the CPR);

| — | assurance on the reliability of the data relating to indicators; |
| --- | --- |

—

assurance on the reliability of the data relating to indicators;

| — | assurance that the amount of public expenditure paid to beneficiaries is at least equal to the contribution from the Funds and the EMFF paid by the Commission to the Member State (Article 129 of the CPR). |
| --- | --- |

—

assurance that the amount of public expenditure paid to beneficiaries is at least equal to the contribution from the Funds and the EMFF paid by the Commission to the Member State (Article 129 of the CPR).

12.4.1.   Financial instruments

For financial instruments, programme audit authorities should obtain assurance that the final amounts declared at closure are eligible. This information should be provided in section 9 ‘Overall level of assurance’ of the control report and, if relevant, in other sections of the report (in particular, sections 4 ‘System audits’ and 5 ‘Audits of operations’).

For financial instruments subject to phased applications for interim payments (advance payments tranches) (44), the eligibility of expenditure related to the last tranche, as well as up to 15 % of the amounts included in previous tranches, might not be covered by previous audits of operations. Programme audit authorities should obtain assurance on the legality and regularity of this expenditure before submission of the accounts for the final accounting year. However, it is not necessary for the final recipient to have completed the implementation of an investment supported by the financial instrument by the submission of the closure documents. Programme audit authorities should report how they have obtained this assurance and confirm to the Commission the eligibility of the total expenditure of the financial instruments according to Article 42 of the CPR in the control report for the final accounting year.

For financial instruments at closure, it is recommended that the programme audit authority covers the remaining population of eligible expenditure not covered previously during audits of operations. It is not necessary that all financial instruments are audited at closure, but no financial instrument should be excluded from random selection. Furthermore, programme audit authorities may decide to group the selected financial instruments for the purpose of their audits, given that the results obtained will be applicable to all the financial instruments within the group.

Programme audit authorities should carry out an audit of a statistical sample of investments and management costs and fees and may treat such expenditure as an additional sampling period in order to use the results of audits carried out previously (45).

12.4.2.   Reliability of data

Programme audit authorities should conclude on the reliability of data relating to indicators, in the control report of the final accounting year, including a conclusion on the assessment on key requirement 6 ‘Reliable system for collecting, recording and storing data for monitoring, evaluation, financial management, verification and audit purposes, including links with electronic data exchange systems with beneficiaries’ set out in table 1 of Annex IV to Commission Delegated Regulation (EU) No 480/2014. This assessment of key requirement 6 should include confirmation that the aggregated data reported to the Commission is correct.

12.4.3.   Public expenditure paid to beneficiaries

The certifying authority should ensure that, in its calculations for the final accounts, the compliance with Article 129 of the CPR is respected. The national audit authority should include this aspect in its audit of the accounts for the final accounting year and report about the assurance obtained in chapter 6 of the final control report.

13.   PAYMENT OF THE FINAL BALANCE

The final balance will be paid no later than three months after the date of acceptance of the accounts for the final accounting year or one month after the date of acceptance of the final implementation report, whichever date is later (46).

This is without prejudice to the Commission’s power to interrupt the deadline for payment of the final balance or suspend such payment.

14.   LEGALITY AND REGULARITY ISSUES

Issues related to the legality and regularity of the underlying transactions concerning expenditure in the accepted accounts can be raised by the Commission after payment of the final balance and closure of the programme.

Closure of the programme is without prejudice to the Commission’s right to impose financial corrections in accordance with Articles 85, 144 and 145 of the CPR, and additionally in the case of EMFF, Article 105 of Regulation (EU) No 508/2014.

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(1)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(2)  OJ L 347, 20.12.2013, p. 320.

(3)  In accordance with the second subparagraph of Article 92b(8) of the CPR, as amended by Regulation (EU) 2020/2221 of 23 December 2020, the programmes to which the Member States allocate REACT-EU resources will cover the period until 31 December 2022, subject to paragraph 4 of this Article.

(4)  According to Article 138(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ C 384I, 12.11.2019, p. 1), (‘the Withdrawal Agreement’), in respect of the implementation of the Union programmes and activities committed under the MFF 2014-2020 or previous financial perspectives, applicable Union law, including the rules on financial corrections and on clearance of accounts, will continue to apply to the United Kingdom after 31 December 2020 until the closure of those Union programmes and activities, unless technical measures have been adopted by Joint Committee in line with Article 138(5) of the Withdrawal Agreement. However, it should be noted that the provisions of these guidelines relating to REACT-EU resources do not apply to the United Kingdom, as per the fifth subparagraph of Article 154 of the CPR, as amended by Regulation (EU) 2020/2221 of 23 December 2020.

(5)  Article 30(1) of the CPR.

(6)  As amended by Regulation (EU) 2020/460 of 30 March 2020.

(7)  As amended by Regulation (EU) 2020/2221 of 23 December 2020.

(8)  As amended by Regulation (EU) 2020/2221 of 23 December 2020.

(9)  Major projects are not relevant to the programmes supported by the EMFF.

(10)  Commission Implementing Regulation (EU) 2015/207 of 20 January 2015 laying down detailed rules implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards the models for the progress report, submission of the information on a major project, the joint action plan, the implementation reports for the Investment for growth and jobs goal, the management declaration, the audit strategy, the audit opinion and the annual control report and the methodology for carrying out the cost-benefit analysis and pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council as regards the model for the implementation reports for the European territorial cooperation goal (OJ L 38, 13.2.2015, p. 1).

(11)  Commission Implementing Regulation (EU) No 1011/2014 of 22 September 2014 laying down detailed rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards the models for submission of certain information to the Commission and the detailed rules concerning the exchanges of information between beneficiaries and managing authorities, certifying authorities, audit authorities and intermediate bodies (OJ L 286, 30.9.2014, p. 1).

(12)  Article 86(2) of the CPR.

(13)  Article 86(4) and 136(2) of the CPR.

(14)  As amended by Regulation (EU) 2020/2221 of 23 December 2020.

(15)  Fifth subparagraph of Article 92b(5) of the CPR, as amended by Regulation (EU) 2020/2221 of 23 December 2020.

(16)  Article 82 of the CPR.

(17)  Third subparagraph of Article 92b(7) of the CPR, as amended by Regulation (EU) 2020/2221 of 23 December 2020.

(18)  Article 139(7) of the CPR, as amended by Regulation (EU) 2020/460 of 30 March 2020.

(19)  As amended by Regulation (EU) 2020/460 of 30 March 2020.

(20)  As amended by Regulation (EU) 2020/558 of 23 April 2020.

(21)  Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

(22)  As amended by Regulation (EU) 2020/558 of 23 April 2020.

(23)  Commission Implementing Regulation (EU) No 1362/2014 of 18 December 2014 laying down rules on a simplified procedure for the approval of certain amendments to operational programmes financed under the European Maritime and Fisheries Fund and rules concerning the format and presentation of the annual reports on the implementation of those programmes (OJ L 365, 19.12.2014, p. 124).

(24)  Point 5 of Annex II to the CPR.

(25)  Articles 22(7) and 144(4) of the CPR.

(26)  Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds (OJ L 69, 8.3.2014, p. 65).

(27)  Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).

(28)  As amended by Regulation (EU) 2020/2221 of 23 December 2020.

(29)  Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

(30)  Under the 2021-2027 programming period, the title of the European Maritime and Fisheries Fund (EMFF) is changed to the European Maritime, Fisheries and Aquaculture Fund (EMFAF).

(31)  An operation, which fulfilled the requirement of Article 71 of the CPR but is no longer functioning at the time of the closure of the programme, should not be considered as a non-functioning operation.

(32)  Article 22(7) of the CPR.

(33)  Without prejudice to the irregularity reporting obligations according to Commission Delegated Regulation (EU) 2015/1970 of 8 July 2015 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council with specific provisions on the reporting of irregularities concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund (OJ L 293, 10.11.2015, p. 1).

(34)  Article 137(1)(b) of the CPR.

(35)  In order to allow Member States to avail of the possibility under the CPR to declare amounts to be recovered as irrecoverable at closure or after closure for the amounts to be recovered relating to the final accounting year of the programming period.

(36)  This will result in a lower amount to be paid or cleared in cases of positive final balance or a higher amount to be recovered in cases for which the final balance is a recovery.

(37)  Commission Delegated Regulation (EU) 2016/568 of 29 January 2016 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council with regard to the conditions and procedures to determine whether amounts which are irrecoverable shall be reimbursed by Member States concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund (OJ L 97, 13.4.2016, p. 1).

(38)  Articles 138 and 141(1) of the CPR and Article 63(5) of the Financial Regulation.

(39)  Article 114(1) of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

(40)  Article 136(2) of the CPR.

(41)  Major projects are not relevant to the programmes supported by the EMFF.

(42)  Article 50(7) of the CPR.

(43)  Article 139 of the CPR.

(44)  Article 41 of the CPR.

(45)  With regard to financial instruments set up under points (a) and (c) of Article 38(1) of the CPR and for financial instruments set up under point (b) of the same Article implemented by the European Investment Bank (EIB) or other international financial institution, management costs and fees charged by EIB/European Investment Fund (EIF) or by other international financial institution are audited by the external auditors of the EIB/EIF. Furthermore, any management costs and fees charged by the financial intermediaries selected at national level by EIF for loans and equity instruments are checked by the external auditors of EIB/EIF.

(46)  Article 141(2) of the CPR.

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ANNEX I

LIST OF ALL OPERATIONS PHASED FROM 2014-2020 INTO 2021-2027

(to be attached to the final implementation report (1))

| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| PROGRAMME TITLE | | | | | | | | |
| | | | | | | | | |
| CCI NUMBER | | | | | | | | |
| | | | | | | | | |
| PRIORITY/FUND/CATEGORY OF REGION | OPERATION REFERENCE | OPERATION TITLE | DATE [AND NUMBER] OF TACIT AGREEMENT/ APPROVAL BY COMMISSION (IF MAJOR PROJECT) | TOTAL COST OF THE OPERATION (in EUR) | TOTAL CERTIFIED EXPENDITURE FOR THE FIRST PHASE (in EUR) | PUBLIC CONTRIBUTION FOR THE FIRST PHASE (in EUR) | PLANNED/ FINAL COMPLETION DATE OF THE SECOND PHASE (YEAR, QUARTER) | 2021-2027 PROGRAMME UNDER WHICH THE OPERATION WILL BE/ WAS COMPLETED (2) |
| Total (for both phases, final or estimated) | For the second phase (final or estimated) |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |

PROGRAMME TITLE

CCI NUMBER

PRIORITY/FUND/CATEGORY OF REGION

OPERATION REFERENCE

OPERATION TITLE

DATE [AND NUMBER] OF TACIT AGREEMENT/ APPROVAL BY COMMISSION (IF MAJOR PROJECT)

TOTAL COST OF THE OPERATION (in EUR)

TOTAL CERTIFIED EXPENDITURE FOR THE FIRST PHASE (in EUR)

PUBLIC CONTRIBUTION FOR THE FIRST PHASE (in EUR)

PLANNED/ FINAL COMPLETION DATE OF THE SECOND PHASE (YEAR, QUARTER)

2021-2027 PROGRAMME UNDER WHICH THE OPERATION WILL BE/ WAS COMPLETED (2)

Total (for both phases, final or estimated)

For the second phase (final or estimated)

---

(1)  For the EMFF, to be attached to the last annual implementation report.

(2)  The name of the programme for the 2021-2027 programming period under which the second phase of the operation will/was be completed.

---

ANNEX II

LIST OF NON-FUNCTIONING OPERATIONS

(to be attached to the final implementation report (1))

| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
| PROGRAMME TITLE | | | | | | |
| | | | | | | |
| CCI NUMBER | | | | | | |
| | | | | | | |
| PRIORITY/FUND/CATEGORY OF REGION | OPERATION REFERENCE | OPERATION TITLE | NAME OF THE BENEFICIARY/ RECIPIENT | TOTAL COST OF THE OPERATION
  (in EUR) | TOTAL CERTIFIED EXPENDITURE
  (in EUR) | PUBLIC CONTRIBUTION
  (in EUR) |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |

PROGRAMME TITLE

CCI NUMBER

PRIORITY/FUND/CATEGORY OF REGION

OPERATION REFERENCE

OPERATION TITLE

NAME OF THE BENEFICIARY/ RECIPIENT

TOTAL COST OF THE OPERATION

(in EUR)

TOTAL CERTIFIED EXPENDITURE

(in EUR)

PUBLIC CONTRIBUTION

(in EUR)

---

(1)  For the EMFF, to be attached to the last annual implementation report.

---

ANNEX III

LIST OF OPERATIONS AFFECTED BY ONGOING NATIONAL INVESTIGATIONS/ SUSPENDED BY A LEGAL PROCEEDING OR BY AN ADMINISTRATIVE APPEAL HAVING SUSPENSORY EFFECT

(to be attached to the final implementation report (1))

| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| PROGRAMME TITLE | | | | | | | |
| | | | | | | | |
| CCI NUMBER | | | | | | | |
| | | | | | | | |
| PRIORITY/FUND/ CATEGORY OF REGION | OPERATION REFERENCE | OPERATION TITLE | NAME OF THE BENEFICIARY/ RECIPIENT | TOTAL CERTIFIED EXPENDITURE AFFECTED
  (in EUR) | PUBLIC CONTRIBUTION AFFECTED
  (in EUR) | OPERATIONS AFFECTED BY ONGOING NATIONAL INVESTIGATIONS (*1) | OPERATIONS SUSPENDED BY A LEGAL PROCEEDING OR BY AN ADMINISTRATIVE APPEAL HAVING SUSPENSORY EFFECT (*1) |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |

PROGRAMME TITLE

CCI NUMBER

PRIORITY/FUND/ CATEGORY OF REGION

OPERATION REFERENCE

OPERATION TITLE

NAME OF THE BENEFICIARY/ RECIPIENT

TOTAL CERTIFIED EXPENDITURE AFFECTED

(in EUR)

PUBLIC CONTRIBUTION AFFECTED

(in EUR)

OPERATIONS AFFECTED BY ONGOING NATIONAL INVESTIGATIONS (*1)

OPERATIONS SUSPENDED BY A LEGAL PROCEEDING OR BY AN ADMINISTRATIVE APPEAL HAVING SUSPENSORY EFFECT (*1)

---

(1)  For the EMFF, to be attached to the last annual implementation report.

(*1)  Put an X in the appropriate column.

---

ANNEX IV

EXAMPLE OF A FINAL BALANCE CALCULATION FOR A PROGRAMME

Image 1

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| 14.10.2021 | EN | Official Journal of the European Union | C 417/21 |
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14.10.2021

EN

Official Journal of the European Union

C 417/21

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Non-opposition to a notified concentration

(Case M.10401 – SAMI/DUSSUR/FGA/SAMI FIGEAC AERO MANUFACTURING JV)

(Text with EEA relevance)

(2021/C 417/02)

On 8 October 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10401. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10401. EUR-Lex is the online point of access to European Union law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.10.2021 | EN | Official Journal of the European Union | C 417/22 |
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14.10.2021

EN

Official Journal of the European Union

C 417/22

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Euro exchange rates (1)

13 October 2021

(2021/C 417/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1562 |
| JPY | Japanese yen | 131,30 |
| DKK | Danish krone | 7,4407 |
| GBP | Pound sterling | 0,84898 |
| SEK | Swedish krona | 10,1195 |
| CHF | Swiss franc | 1,0722 |
| ISK | Iceland króna | 150,00 |
| NOK | Norwegian krone | 9,8555 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,369 |
| HUF | Hungarian forint | 360,20 |
| PLN | Polish zloty | 4,5772 |
| RON | Romanian leu | 4,9490 |
| TRY | Turkish lira | 10,4833 |
| AUD | Australian dollar | 1,5722 |
| CAD | Canadian dollar | 1,4386 |
| HKD | Hong Kong dollar | 8,9952 |
| NZD | New Zealand dollar | 1,6647 |
| SGD | Singapore dollar | 1,5646 |
| KRW | South Korean won | 1 378,13 |
| ZAR | South African rand | 17,1940 |
| CNY | Chinese yuan renminbi | 7,4482 |
| HRK | Croatian kuna | 7,5180 |
| IDR | Indonesian rupiah | 16 438,27 |
| MYR | Malaysian ringgit | 4,8098 |
| PHP | Philippine peso | 58,564 |
| RUB | Russian rouble | 83,0248 |
| THB | Thai baht | 38,478 |
| BRL | Brazilian real | 6,3814 |
| MXN | Mexican peso | 23,9497 |
| INR | Indian rupee | 87,1095 |

Currency

Exchange rate

USD

US dollar

1,1562

JPY

Japanese yen

131,30

DKK

Danish krone

7,4407

GBP

Pound sterling

0,84898

SEK

Swedish krona

10,1195

CHF

Swiss franc

1,0722

ISK

Iceland króna

150,00

NOK

Norwegian krone

9,8555

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,369

HUF

Hungarian forint

360,20

PLN

Polish zloty

4,5772

RON

Romanian leu

4,9490

TRY

Turkish lira

10,4833

AUD

Australian dollar

1,5722

CAD

Canadian dollar

1,4386

HKD

Hong Kong dollar

8,9952

NZD

New Zealand dollar

1,6647

SGD

Singapore dollar

1,5646

KRW

South Korean won

1 378,13

ZAR

South African rand

17,1940

CNY

Chinese yuan renminbi

7,4482

HRK

Croatian kuna

7,5180

IDR

Indonesian rupiah

16 438,27

MYR

Malaysian ringgit

4,8098

PHP

Philippine peso

58,564

RUB

Russian rouble

83,0248

THB

Thai baht

38,478

BRL

Brazilian real

6,3814

MXN

Mexican peso

23,9497

INR

Indian rupee

87,1095

---

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

---

V Announcements

COURT PROCEEDINGS

EFTA Court

| 14.10.2021 | EN | Official Journal of the European Union | C 417/23 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/23

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JUDGMENT OF THE COURT

of 18 June 2021

in Case E-10/20

ADCADA Immobilien AG PCC in Konkurs v the Financial Market Authority (Finanzmarktaufsicht)

(Regulation (EU) 2017/1129 – Investor protection – Notion of an ‘offer of securities to the public’ – Disclosure of information – Obligation to publish a prospectus – Exemptions)

(2021/C 417/04)

In Case E-10/20, ADCADA Immobilien AG PCC in Konkurs v the Financial Market Authority (Finanzmarktaufsicht) – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Board of Appeal of the Financial Market Authority (Beschwerdekommission der Finanzmarktaufsicht) concerning the interpretation of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC, in particular point (b) of Article 1(4) and point (d) of Article 2 thereof, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, gave judgment on 18 June 2021, the operative part of which is as follows:

| 1. | Whether sufficient information is presented on the terms of the offer and the securities to be offered, so as to enable an investor to decide to purchase and subscribe for those securities in accordance with point (d) of Article 2 of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, must be assessed on a case-by-case basis.
  In circumstances such as those in the main proceedings, subject to verification by the referring body, there is an ‘offer of securities to the public’ within the meaning of point (d) of Article 2 of Regulation (EU) 2017/1129. |
| --- | --- |

1.

Whether sufficient information is presented on the terms of the offer and the securities to be offered, so as to enable an investor to decide to purchase and subscribe for those securities in accordance with point (d) of Article 2 of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, must be assessed on a case-by-case basis.

In circumstances such as those in the main proceedings, subject to verification by the referring body, there is an ‘offer of securities to the public’ within the meaning of point (d) of Article 2 of Regulation (EU) 2017/1129.

| 2. | It may be relevant to an assessment of whether there is an ‘offer of securities to the public’ within the meaning of point (d) of Article 2 of Regulation (EU) 2017/1129 that a communication includes certain clearly visible indications stating that further information may be obtained elsewhere, and the full bond terms are not accessible online or otherwise generally available. However, if a communication already presents sufficient information for the purposes of point (d) of Article 2, the inclusion of such statements or the fact that the full bond terms are not accessible online or otherwise generally available will not be capable of altering its qualification as an ‘offer of securities to the public’. |
| --- | --- |

2.

It may be relevant to an assessment of whether there is an ‘offer of securities to the public’ within the meaning of point (d) of Article 2 of Regulation (EU) 2017/1129 that a communication includes certain clearly visible indications stating that further information may be obtained elsewhere, and the full bond terms are not accessible online or otherwise generally available. However, if a communication already presents sufficient information for the purposes of point (d) of Article 2, the inclusion of such statements or the fact that the full bond terms are not accessible online or otherwise generally available will not be capable of altering its qualification as an ‘offer of securities to the public’.

| 3. | It is, in principle, significant for the purposes of point (b) of Article 1(4) of Regulation (EU) 2017/1129 that an offer of securities is communicated to prospective buyers only upon request, whilst at the same time it is ensured that the communication is made only to a maximum of 149 natural or legal persons per EEA State, which are not qualified investors. However, in order to rely on the exemption in point (b) of Article 1(4), the offer of securities must actually be addressed to fewer than 150 natural or legal persons per EEA State, other than qualified investors. The limit set out in that provision cannot be circumvented by disseminating the offer in an EEA State through various media. |
| --- | --- |

3.

It is, in principle, significant for the purposes of point (b) of Article 1(4) of Regulation (EU) 2017/1129 that an offer of securities is communicated to prospective buyers only upon request, whilst at the same time it is ensured that the communication is made only to a maximum of 149 natural or legal persons per EEA State, which are not qualified investors. However, in order to rely on the exemption in point (b) of Article 1(4), the offer of securities must actually be addressed to fewer than 150 natural or legal persons per EEA State, other than qualified investors. The limit set out in that provision cannot be circumvented by disseminating the offer in an EEA State through various media.

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| 14.10.2021 | EN | Official Journal of the European Union | C 417/25 |
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14.10.2021

EN

Official Journal of the European Union

C 417/25

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JUDGMENT OF THE COURT

of 30 June 2021

in Case E-13/20

O v The Norwegian Government, represented by the Labour and Welfare Directorate (Arbeids- og velferdsdirektoratet)

(Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

(2021/C 417/05)

In Case E-13/20, O v The Norwegian Government, represented by the Labour and Welfare Directorate (Arbeids- og velferdsdirektoratet) – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Norwegian National Insurance Court (Trygderetten) concerning the interpretation of Articles 28, 31 and 36 of the Agreement on the European Economic Area, Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, gave judgment on 30 June 2021, the operative part of which is as follows:

| 1. | A requirement that the unemployed person must stay in the competent State to be entitled to a cash benefit in the event of unemployment in cases where the conditions of Articles 64, 65 or 65a are not fulfilled is compatible with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, including Article 5(b) thereof. |
| --- | --- |

1.

A requirement that the unemployed person must stay in the competent State to be entitled to a cash benefit in the event of unemployment in cases where the conditions of Articles 64, 65 or 65a are not fulfilled is compatible with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, including Article 5(b) thereof.

| 2. | Outside the situations expressly mentioned in Articles 64, 65 and 65a of Regulation (EC) No 883/2004, a condition to stay in the competent EEA State for entitlement to unemployment benefits does not fall to be assessed under Articles 31 and 36 of the EEA Agreement and is not incompatible with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. |
| --- | --- |

2.

Outside the situations expressly mentioned in Articles 64, 65 and 65a of Regulation (EC) No 883/2004, a condition to stay in the competent EEA State for entitlement to unemployment benefits does not fall to be assessed under Articles 31 and 36 of the EEA Agreement and is not incompatible with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

| 3. | EEA States retain the power to determine whether or not unlawfully acquired allowances and benefits should be repaid. The EEA States must, however, exercise that power in accordance with EEA law and its general principles, including the principles of equivalence and effectiveness. |
| --- | --- |

3.

EEA States retain the power to determine whether or not unlawfully acquired allowances and benefits should be repaid. The EEA States must, however, exercise that power in accordance with EEA law and its general principles, including the principles of equivalence and effectiveness.

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| 14.10.2021 | EN | Official Journal of the European Union | C 417/26 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/26

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JUDGMENT OF THE COURT

of 30 June 2021

in Case E-15/20

criminal proceedings against P

(Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State)

(2021/C 417/06)

In Case E-15/20, criminal proceedings against P – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett) concerning the interpretation of the Agreement on the European Economic Area, in particular Articles 3, 7, 28, 29 and 36 thereof, Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, gave judgment on 30 June 2021, the operative part of which is as follows:

| 1. | A requirement that the unemployed person must stay in the competent State to be entitled to a cash benefit in the event of unemployment in cases where the conditions of Articles 64, 65 or 65a are not fulfilled is compatible with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. |
| --- | --- |

1.

A requirement that the unemployed person must stay in the competent State to be entitled to a cash benefit in the event of unemployment in cases where the conditions of Articles 64, 65 or 65a are not fulfilled is compatible with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.

| 2. | Outside the situations expressly mentioned in Articles 64, 65 and 65a of Regulation (EC) No 883/2004, a condition to stay in the competent EEA State for entitlement to unemployment benefits does not fall to be assessed under Articles 28, 29 and 36 of the EEA Agreement and is not incompatible with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. |
| --- | --- |

2.

Outside the situations expressly mentioned in Articles 64, 65 and 65a of Regulation (EC) No 883/2004, a condition to stay in the competent EEA State for entitlement to unemployment benefits does not fall to be assessed under Articles 28, 29 and 36 of the EEA Agreement and is not incompatible with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

| 3. | EEA States retain the power to determine whether criminal sanctions may be imposed for obtaining unemployment benefits by knowingly providing wrongful information. EEA States must, however, exercise that power in accordance with EEA law and its general principles, including the principle of proportionality. |
| --- | --- |

3.

EEA States retain the power to determine whether criminal sanctions may be imposed for obtaining unemployment benefits by knowingly providing wrongful information. EEA States must, however, exercise that power in accordance with EEA law and its general principles, including the principle of proportionality.

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| 14.10.2021 | EN | Official Journal of the European Union | C 417/27 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/27

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Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 26 May 2021 in the case of Norep AS v Haugen Gruppen AS

(Case E-2/21)

(2021/C 417/07)

A request has been made to the EFTA Court dated 26 May 2021 from Norges Høyesterett (Supreme Court of Norway), which was received at the Court Registry on 11 June 2021, for an Advisory Opinion in the case of Norep AS v Haugen Gruppen AS on the following questions:

| 1. | Shall the term ‘negotiate’ in Article 1(2) of Directive 86/653 be interpreted as presupposing involvement with orders from customers to the principal, with the result that the orders may not go directly from customers to the principal, as the facts in the present case is described in Chapter 3 above?[ (1)] |
| --- | --- |

1.

Shall the term ‘negotiate’ in Article 1(2) of Directive 86/653 be interpreted as presupposing involvement with orders from customers to the principal, with the result that the orders may not go directly from customers to the principal, as the facts in the present case is described in Chapter 3 above?[ (1)]

| 2. | If question 1 is answered in the negative, which factors are relevant in the assessment of whether sales-related activity is to be deemed to be ‘negotiation’ for the purposes of Article 1(2) of Directive 86/653? |
| --- | --- |

2.

If question 1 is answered in the negative, which factors are relevant in the assessment of whether sales-related activity is to be deemed to be ‘negotiation’ for the purposes of Article 1(2) of Directive 86/653?

---

(1)  For full text of the Request for an Advisory Opinion, see https://eftacourt.int/download/2-21-request-ao/?wpdmdl=7454

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 14.10.2021 | EN | Official Journal of the European Union | C 417/28 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/28

---

Prior notification of a concentration

(Case M.10508 – Hutchison 3 Indonesia/Indosat)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 417/08)

1.

This notification concerns the following undertakings:

| — | PT Hutchison 3 Indonesia (‘H3I’, Indonesia), controlled by CK Hutchison Holdings Limited (‘CKHH’, Hong Kong), |
| --- | --- |

—

PT Hutchison 3 Indonesia (‘H3I’, Indonesia), controlled by CK Hutchison Holdings Limited (‘CKHH’, Hong Kong),

| — | PT Indosat TBK (‘Indosat’, Indonesia), controlled by Ooredoo Q.P.S.C. (‘Ooredoo’, Qatar). |
| --- | --- |

—

PT Indosat TBK (‘Indosat’, Indonesia), controlled by Ooredoo Q.P.S.C. (‘Ooredoo’, Qatar).

H3I and Indosat will merge within the meaning of Article 3(1)(a) of the Merger Regulation. Following the proposed merger, CKHH and Ooredoo will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the surviving entity. The concentration is accomplished by way of purchase of shares.

2.

| — | for H3I: provider of cellular telecommunications services in Indonesia, including traditional mobile data, voice, SMS, roaming services, as well as value-added services such as games, music, movies. H3I is currently controlled by CKHH, a multinational conglomerate that has four core businesses: ports and related services, retail, infrastructure and telecommunications; |
| --- | --- |

—

for H3I: provider of cellular telecommunications services in Indonesia, including traditional mobile data, voice, SMS, roaming services, as well as value-added services such as games, music, movies. H3I is currently controlled by CKHH, a multinational conglomerate that has four core businesses: ports and related services, retail, infrastructure and telecommunications;

| — | for Indosat: provider of telecommunication services in Indonesia, including mobile data, voice, SMS and roaming services, fixed data and wireless broadband services as well as fixed telecommunication and digital services. Indosat is currently controlled by Ooredoo, a telecommunications group, ultimately controlled by Qatar Investment Authority, which provides telecommunication services in Qatar and in the Asia and Middle East and North African region. |
| --- | --- |

—

for Indosat: provider of telecommunication services in Indonesia, including mobile data, voice, SMS and roaming services, fixed data and wireless broadband services as well as fixed telecommunication and digital services. Indosat is currently controlled by Ooredoo, a telecommunications group, ultimately controlled by Qatar Investment Authority, which provides telecommunication services in Qatar and in the Asia and Middle East and North African region.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10508 – Hutchison 3 Indonesia/Indosat

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 14.10.2021 | EN | Official Journal of the European Union | C 417/30 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/30

---

Prior notification of a concentration

(Case M. 10418 - EFMS/Goldman Sachs/Parexel)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 417/09)

1.

This notification concerns the following undertakings:

| — | EQT IX, controlled by EQT Fund Management S.à r.l. (‘EFMS’, Luxembourg); |
| --- | --- |

—

EQT IX, controlled by EQT Fund Management S.à r.l. (‘EFMS’, Luxembourg);

| — | The Goldman Sachs Group Inc. (‘Goldman Sachs’, USA); |
| --- | --- |

—

The Goldman Sachs Group Inc. (‘Goldman Sachs’, USA);

| — | Parexel International Corporation (‘Parexel’, USA), solely controlled by Parexel Investment Holdings, L.P., which in turn is solely controlled by funds advised by Pamplona Investment Partners, L.P. |
| --- | --- |

—

Parexel International Corporation (‘Parexel’, USA), solely controlled by Parexel Investment Holdings, L.P., which in turn is solely controlled by funds advised by Pamplona Investment Partners, L.P.

EFMS and Goldman Sachs acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Paraxel.

The concentration is accomplished by way of purchase of assets.

2.

| — | Goldman Sachs is a global investment banking, securities and investment management firm, |
| --- | --- |

—

Goldman Sachs is a global investment banking, securities and investment management firm,

| — | EFMS is an EQT investment fund that seeks to make investments primarily in Europe, with a focus on Northern Europe, |
| --- | --- |

—

EFMS is an EQT investment fund that seeks to make investments primarily in Europe, with a focus on Northern Europe,

| — | Parexel carries out biopharmaceutical outsourcing services providing a comprehensive suite of Phase I to IV solutions to the world’s biopharmaceutical companies. |
| --- | --- |

—

Parexel carries out biopharmaceutical outsourcing services providing a comprehensive suite of Phase I to IV solutions to the world’s biopharmaceutical companies.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M. 10418 - EFMS/Goldman Sachs/Parexel

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

OTHER ACTS

European Commission

| 14.10.2021 | EN | Official Journal of the European Union | C 417/32 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/32

---

Publication of an application for registration of a name 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

(2021/C 417/10)

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) within 3 months of the date of this publication.

SINGLE DOCUMENT

‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’

EU No: PGI-FR-02431 – 17 August 2018

PDO ( ) PGI (X)

1.   Name(s)

‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’

2.   Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2. Meat products (cooked, salted, smoked, etc.)

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

‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ is more or less cylindrical in shape. Slicing the sausage open reveals a filling of roughly minced meat and fat.

Smoking gives it its typical colour, which ranges from amber to brown and is not necessarily uniform throughout the product. The natural casing may be covered with a natural flora that is whitish or green to ash grey.

The brown-to-burgundy morsels of filling contrast with visible white morsels distributed throughout the whole slice.

The initial aroma is an intense combination of smokiness and pepperiness. This is followed by notes of dry-cured meat.

The firmness of the meat morsels and the smooth and creamy texture of the fat give the product a varied texture in the mouth. A characteristic of this product is that it strikes just the right balance between saltiness, dry-cured meat and fat, complemented by a powerful peppery note and a smoky taste that, though long and persistent, does not overpower the ensemble of flavours.

Chemical and physical characteristics:

| — | moisture content on a fat-free basis ≤ 52 % (56 % if the diameter is over 70 mm); |
| --- | --- |

—

moisture content on a fat-free basis ≤ 52 % (56 % if the diameter is over 70 mm);

| — | lipids (at 77 % moisture on a fat-free basis): ≤ 25 % |
| --- | --- |

—

lipids (at 77 % moisture on a fat-free basis): ≤ 25 %

| — | collagen-to-protein ratio: ≤ 15 % |
| --- | --- |

—

collagen-to-protein ratio: ≤ 15 %

| — | water-soluble carbohydrates (at 77 % moisture on a fat-free basis): ≤ 2 % |
| --- | --- |

—

water-soluble carbohydrates (at 77 % moisture on a fat-free basis): ≤ 2 %

Length, diameter and weight are as shown in the following table:

| Casing | Dry weight | Casing diameter | Casing length |
| --- | --- | --- | --- |
| Afterend | 200 to 300 g | 50-60 mm | 25-30 cm |
| > 300 g | > 60 mm | > 30 cm |
| Chitterling | 200 to 300 g | 45-60 mm | 25-30 cm |
| > 300 g | > 60 mm | > 30 cm |
| Fatend / Hog bung | 300 to 600 g | 40-60 mm | 30-40 cm |
| > 600 g | > 60 mm | > 40 cm |

Casing

Dry weight

Casing diameter

Casing length

Afterend

200 to 300 g

50-60 mm

25-30 cm

> 300 g

> 60 mm

> 30 cm

Chitterling

200 to 300 g

45-60 mm

25-30 cm

> 300 g

> 60 mm

> 30 cm

Fatend / Hog bung

300 to 600 g

40-60 mm

30-40 cm

> 600 g

> 60 mm

> 40 cm

The product is sold either whole or sliced.

When whole, it is tied with string at each end and sold unpackaged or film-wrapped, vacuum-packed or in modified-atmosphere packaging. Sausages of over 600 g are bound in twine or placed in a net.

Sliced sausage is sold film-wrapped, vacuum-packed or in modified-atmosphere packaging.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

The raw materials used to make ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ are obtained from hogs or from sows (up to a maximum of 50 % of the raw material weight) meeting the following requirements:

| — | none of the pigs may be affected by the Rn- allele and the rate of halothane susceptibility must be less than 3 %; |
| --- | --- |

—

none of the pigs may be affected by the Rn- allele and the rate of halothane susceptibility must be less than 3 %;

| — | the feed ration given to hogs in the growing/finishing stages and to dry and gestating sows must have a linoleic acid content of less than 1,9 %; |
| --- | --- |

—

the feed ration given to hogs in the growing/finishing stages and to dry and gestating sows must have a linoleic acid content of less than 1,9 %;

| — | sows must be dry for at least 15 days after their piglets are weaned before they are slaughtered; |
| --- | --- |

—

sows must be dry for at least 15 days after their piglets are weaned before they are slaughtered;

| — | the pigs must have at least 2 hours’ lairage time after delivery to the abattoir before they are slaughtered; |
| --- | --- |

—

the pigs must have at least 2 hours’ lairage time after delivery to the abattoir before they are slaughtered;

| — | hogs must have a hot carcass weight of ≥ 75 kg; |
| --- | --- |

—

hogs must have a hot carcass weight of ≥ 75 kg;

| — | sows must have a hot carcass weight (without head and udders) of ≥ 120 kg; |
| --- | --- |

—

sows must have a hot carcass weight (without head and udders) of ≥ 120 kg;

| — | ultimate pH must be between 5,50 and 6,20; |
| --- | --- |

—

ultimate pH must be between 5,50 and 6,20;

| — | none of the following visual defects may be present: bloodspots, abscesses, staining with faecal dirt or conveyor lubricant, serious defects of colour or consistency; |
| --- | --- |

—

none of the following visual defects may be present: bloodspots, abscesses, staining with faecal dirt or conveyor lubricant, serious defects of colour or consistency;

| — | the fat must be firm and white; |
| --- | --- |

—

the fat must be firm and white;

| — | the meat must be pinkish to red in colour. |
| --- | --- |

—

the meat must be pinkish to red in colour.

The pieces of the cut carcass that may be used to make this product are the collar, loin, ham, belly, shoulder, back fat and lean trimmings. The pork pieces must be skinned correctly.

The sausage mixture is made up of between 15 and 35 % fat and between 65 and 85 % lean.

The cuts of pork are to be delivered fresh or frozen.

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

The entire process of making ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’, from mincing the meat to dry-curing, must take place in the geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

Once the product has been sliced it must be packaged (sliced sausage no longer has its casing) using film-wrapping, vacuum-packing or modified-atmosphere packaging.

3.6.   Specific rules concerning labelling of the product the registered name refers to

—

4.   Concise definition of the geographical area

The geographical area for the protected geographical indication ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ consists of the two departments of Corse-du-Sud and Haute-Corse.

5.   Link with the geographical area

The link between the geographical area and ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ is largely based on traditional know-how and specific characteristics.

‘Ile de Beauté’ (‘Isle of Beauty’) is a nickname often used for the French administrative region of Corsica, a mountainous island in the Mediterranean.

Corsica has a Mediterranean climate, characterised by hot, dry summers and mild, wet winters. The island is buffeted by two dominant winds: the nocturnal a tramuntana brings cool nights, and the diurnal u maestrale makes the days dry.

The local soil and climate combine to create ideal conditions for forest growth. Corsica is therefore a region of forests, with broadleaved trees – chestnut, oak and beech in particular – particularly rife across the entire island. A wooded area of 401 817 ha gives Corsica an overall forest cover rate of 46 %, well above the national average of 26,9 %. The most common broadleaved trees are oak trees, notably holm oak, which accounts for 22 % of the island’s tree cover. Cork oak can mainly be found in the centre and south of the island, making up around 15 % of its forests. An area of more than 200 000 hectares is covered with maquis shrubland, often growing up to 5 or 6 metres high and forming a ‘forest’ in itself. Beech trees can be found at elevations of 1 000 m and above, and the chestnut tree, which is particularly suited to Corsica’s natural environment, can be found throughout the island, from right on the shoreline all the way up to 1 200 m above sea level.

The conditions of island life have led the Corsican people to develop ways of making charcuterie that are tailored to the local climate and forest resources.

It is because of Corsica’s dry, windy climate that the dry-salting method of curing pork has been favoured over the cooking of charcuterie practised in northern France.

Making ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ is one of the oldest pork preservation traditions and is practised throughout Corsica. It is one of the products eaten in the medium term after the pig is slaughtered. Cured meats have always played an important role in the Corsican diet and, consequently, its culture.

The meat used to make ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ is minced roughly, mimicking the result of the traditional method of dicing it with a knife.

The minced meat is then mixed with fine salt and may also be flavoured with wine or seasoning.

The use of large amounts of black pepper (between 4 and 9 g per kg) shows how the curing process has been influenced by the fact that temperatures are high for much of the year: pepper was originally used as a natural insect repellent and has over time become one of the key features of ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’.

These are hardwood-smoked sausages, which sets them apart from other products where the tendency is to use softwood for smoking. The wood comes from local broadleaved trees, the most commonly used species being those closest at hand and most widely available: oak, chestnut, beech, strawberry tree and heathers. This is a traditional practice that in the past was generally linked to chestnut-growing, which played an important role in the island’s agriculture. Local hardwood has always been used to smoke charcuterie because these species can be found throughout the island and because hardwood is more fire-resistant and gives off much less residue when burnt than softwood. This results in a ‘mild’ and very subtle smoking process, avoiding the saturation of taste that might come from using softwood. Smoking also makes it possible to preserve the sausages and finishes off their external protection from insects. Smoking meat is a custom found particularly in areas where Germanic tribes settled in large numbers. Corsica is therefore somewhat unusual in the Mediterranean basin for having this tradition of smoking meat.

Finally, natural ventilation is used when the sausages are dry-cured. This stage brings out the product’s organoleptic characteristics.

‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ is one of Corsica’s flagship products, the result of local know-how that reflects the island, its culture and its customs. The use of specific production methods passed down from generation to generation sets it apart from other products. This know-how is what gives it its characteristics:

| — | its typical amber-to-brown tone, not necessarily uniform throughout the product; |
| --- | --- |

—

its typical amber-to-brown tone, not necessarily uniform throughout the product;

| — | a varied texture in the mouth due to the firmness of the meat morsels and the smooth and creamy texture of the fat; |
| --- | --- |

—

a varied texture in the mouth due to the firmness of the meat morsels and the smooth and creamy texture of the fat;

| — | an initial intense aroma combining smokiness and pepperiness, followed by notes of dry-cured meat; |
| --- | --- |

—

an initial intense aroma combining smokiness and pepperiness, followed by notes of dry-cured meat;

| — | just the right balance between saltiness, dry-cured meat and fat; |
| --- | --- |

—

just the right balance between saltiness, dry-cured meat and fat;

| — | a powerful peppery note which prolongs the assault on the palate, bolstering and extending the other flavours; |
| --- | --- |

—

a powerful peppery note which prolongs the assault on the palate, bolstering and extending the other flavours;

| — | a smoky taste that, though long and persistent, does not overpower the ensemble of flavours. |
| --- | --- |

—

a smoky taste that, though long and persistent, does not overpower the ensemble of flavours.

The specific method used to make ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ was developed on the basis of traditional practices – such as roughly mincing the meat. It is also linked to the island’s climate and natural resources: the use of black pepper in large quantities, hardwood-smoking using wood from local trees, and using natural ventilation in the dry-curing process are all practices that have been shaped by Corsica’s dry and windy climate, the conditions of island life, and the extent of the island’s forest cover.

The product has a varied texture because the filling is minced quite roughly into firm morsels of meat and fat.

The use of large amounts of black pepper gives the product the powerful peppery note that is a distinguishing feature of ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’.

Hardwood-smoking over wood from local trees (chestnut, oak, beech, etc.) gives the product a very complex palette of aromatic notes (a long and persistent smoky taste in the mouth), which is another major characteristic of ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’. It also gives the product its sustained smoky aroma and typical amber colour.

The use of natural ventilation in the drying room during the dry-curing process helps to stabilise and preserve the product and shape its organoleptic characteristics (striking the right balance between saltiness, dried meat and fat).

Know-how has been passed down from generation to generation, helped by the fact that Corsica is an island, a factor that has also enabled the characteristics of ‘Saucisson sec de l’Ile de Beauté’ / ‘Salciccia de l’Ile de Beauté’ to be preserved.

Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation)

https://extranet.inao.gouv.fr/fichier/CDC-SaucissonSecIdB-RepCOM2.pdf

---

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

---

| 14.10.2021 | EN | Official Journal of the European Union | C 417/36 |
| --- | --- | --- | --- |

14.10.2021

EN

Official Journal of the European Union

C 417/36

---

Publication of an application for registration of a name 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

(2021/C 417/11)

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) within 3 months of the date of this publication.

SINGLE DOCUMENT

‘Pancetta de l’Ile de Beauté’/‘Panzetta de l’Ile de Beauté’

EU No: PGI-FR-02427 – 17 August 2018

PDO ( ) PGI (X)

1.   Name(s)

‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’

2.   Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2. Meat products (cooked, salted, smoked, etc.)

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

‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is a dry-cured, parallelepiped-shaped charcuterie product, with the rind left on. The almost rectangular slices reveal several layers of muscle interlaced with streaky layers of fat.

Smoking gives it a typical amber colour which is not necessarily uniform throughout the product. It may be covered with a natural bloom of mould that is either whitish or green to ash-grey in colour.

Inside the colour varies between burgundy (the lean layers of meat) and white (the layers of fat).

The initial aroma is an intense combination of smokiness and pepperiness. This is followed by notes of dry-cured, aged meat.

The alternating layers of lean meat and fat give it a mouthfeel that is firm and supple at the same time. A characteristic of this product is that it strikes just the right balance between saltiness, dry-cured meat and fat, complemented by a powerful peppery note and a smoky taste that, though long and persistent, does not overpower the ensemble of flavours.

Chemical and physical characteristics:

| — | water-soluble carbohydrates: ≤ 1 % |
| --- | --- |

—

water-soluble carbohydrates: ≤ 1 %

| — | moisture content on a fat-free basis: ≤ 76 % |
| --- | --- |

—

moisture content on a fat-free basis: ≤ 76 %

| — | total fat: 15-45 % |
| --- | --- |

—

total fat: 15-45 %

Each piece is between 40-70 cm long and 15-30 cm wide, with a weight of between 2,5 and 5 kg.

The product is sold either whole, in portions or sliced, in which case the rind may be removed.

Portions (100-500 g) and slices are sold film-wrapped, vacuum-packed or in modified-atmosphere packaging.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

The raw materials used to make ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ are obtained from pigs meeting the following requirements:

| — | none of the pigs may be affected by the Rn- allele and the rate of halothane susceptibility must be less than 3 %; |
| --- | --- |

—

none of the pigs may be affected by the Rn- allele and the rate of halothane susceptibility must be less than 3 %;

| — | the feed ration given to the pigs in the growing/finishing stages must have a linoleic acid content of less than 1,9 %; |
| --- | --- |

—

the feed ration given to the pigs in the growing/finishing stages must have a linoleic acid content of less than 1,9 %;

| — | the pigs must have at least 2 hours’ lairage time after delivery to the abattoir before they are slaughtered; |
| --- | --- |

—

the pigs must have at least 2 hours’ lairage time after delivery to the abattoir before they are slaughtered;

| — | the pigs must have a hot carcass weight of ≥ 75 kg; |
| --- | --- |

—

the pigs must have a hot carcass weight of ≥ 75 kg;

| — | ultimate pH (measured from the semimembranosus of the hind leg) must be between 5,50 and 6,20; |
| --- | --- |

—

ultimate pH (measured from the semimembranosus of the hind leg) must be between 5,50 and 6,20;

| — | none of the following visual defects may be present: bloodspots, abscesses, staining with faecal dirt or conveyor lubricant, serious defects of colour or consistency; |
| --- | --- |

—

none of the following visual defects may be present: bloodspots, abscesses, staining with faecal dirt or conveyor lubricant, serious defects of colour or consistency;

| — | the pork fat must be firm and white; |
| --- | --- |

—

the pork fat must be firm and white;

| — | the meat must be pinkish to red in colour. |
| --- | --- |

—

the meat must be pinkish to red in colour.

The piece of the cut carcass used to make ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is the pork belly. The meat is boned and trimmed to form a parallelepiped, without removing the skin.

Each trimmed piece weighs no more than 6 kg.

The cuts of pork are to be delivered fresh or frozen.

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

The entire process of making ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’, from salting to dry-curing, must take place in the geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

Once the product has been portioned or sliced it must be packaged (slices have the rind removed) using film-wrapping, vacuum-packing or modified-atmosphere packaging.

3.6.   Specific rules concerning labelling of the product the registered name refers to

—

4.   Concise definition of the geographical area

The geographical area for the protected geographical indication ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ consists of the two departments of Corse-du-Sud and Haute-Corse.

5.   Link with the geographical area

The link between the geographical area and ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is largely based on traditional know-how and specific characteristics.

‘Ile de Beauté’ (‘Isle of Beauty’) is a nickname often used for the French administrative region of Corsica, a mountainous island in the Mediterranean.

Corsica has a Mediterranean climate, characterised by hot, dry summers and mild, wet winters. The island is buffeted by two dominant winds: the nocturnal a tramuntana brings cool nights, and the diurnal u maestrale makes the days dry.

The local soil and climate combine to create ideal conditions for forest growth. Corsica is therefore a region of forests, with broadleaved trees – chestnut, oak and beech in particular – particularly rife across the entire island. A wooded area of 401 817 ha gives Corsica an overall forest cover rate of 46 %, well above the national average of 26,9 %. The most common broadleaved trees are oak trees, notably holm oak, which accounts for 22 % of the island’s tree cover. Cork oak can mainly be found in the centre and south of the island, making up around 15 % of its forests. An area of more than 200 000 hectares is covered with maquis shrubland, often growing up to 5 or 6 metres high and forming a ‘forest’ in itself. Beech trees – a typical species of the shaded slopes at the supra-Mediterranean level – can be found at elevations of 1 000 m and above. The chestnut tree, which is particularly suited to Corsica’s natural environment, can be found throughout the island, from right on the shoreline all the way up to 1 200 m above sea level.

The conditions of island life have led the Corsican people to develop ways of making charcuterie that are tailored to the local climate and forest resources.

It is because of Corsica’s dry, windy climate that the dry-salting method of curing pork has been favoured over the cooking of charcuterie practised in northern France.

Making ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is one of the oldest pork preservation traditions and is practised throughout Corsica. It is one of the products eaten in the medium term after the pig is slaughtered. Cured meats have always played an important role in the Corsican diet and, consequently, its culture.

‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is dry-salted and left to rest in the salting room for a specified period depending on its weight. Mastering this stage is important to ensure the stabilisation and preservation of the product. Dry-salting naturally emerged as the most suitable curing method for Corsica, as a way of preserving meat so that it can be eaten throughout the year requiring very little equipment.

The use of large amounts of black pepper (5-15 g per kg for whole pieces and 1-5 g per kg when pieces are to be sliced) shows how the curing process has been influenced by the fact that temperatures are high for much of the year: pepper was originally used as a natural insect repellent and has over time become one of the key features of ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’.

This is a hardwood-smoked product, which sets it apart from other products where the tendency is to use softwood for smoking. The wood comes from local broadleaved trees, the most commonly used species being those closest at hand and most widely available: oak, chestnut, beech, strawberry tree and heathers. This is a traditional practice that in the past was generally linked to chestnut-growing, which played an important role in the island’s agriculture. Local hardwood has always been used to smoke charcuterie because these species can be found throughout the island and because hardwood is more fire-resistant and gives off much less residue when burnt than softwood. This results in a ‘mild’ and very subtle smoking process, avoiding the saturation of taste that might come from using softwood. Smoking also makes it possible to preserve the product and finishes off its external protection from insects. Smoking meat is a custom found particularly in areas where Germanic tribes settled in large numbers. This tradition of smoking meat that has developed throughout Corsica is therefore quite unusual, as smoking is rarely practised in the rest of the Mediterranean basin.

Finally, natural ventilation is used in the dry-curing process. This stage brings out the product’s organoleptic characteristics.

‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ is one of Corsica’s flagship products, the result of local know-how that reflects the island, its culture and its customs. The use of specific production methods passed down from generation to generation sets it apart from other products. This know-how is what gives it its characteristics:

| — | its typical amber (brown to golden) colour, not necessarily uniform throughout the product; |
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its typical amber (brown to golden) colour, not necessarily uniform throughout the product;

| — | an initial intense aroma combining smokiness and pepperiness, followed by notes of dry-cured and aged meat; |
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an initial intense aroma combining smokiness and pepperiness, followed by notes of dry-cured and aged meat;

| — | just the right balance between saltiness, dry-cured meat and fat; |
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just the right balance between saltiness, dry-cured meat and fat;

| — | a powerful peppery note which prolongs the assault on the palate, bolstering and extending the other flavours; |
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a powerful peppery note which prolongs the assault on the palate, bolstering and extending the other flavours;

| — | a smoky taste that, though long and persistent, does not overpower the ensemble of flavours. |
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a smoky taste that, though long and persistent, does not overpower the ensemble of flavours.

The specific method used to make ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ has been shaped by the island’s climate and natural resources: dry-salting, the use of black pepper in large quantities, hardwood-smoking using wood from local trees, and using natural ventilation in the dry-curing process are all practices that have been shaped by Corsica’s dry and windy climate, the conditions of island life, and the extent of the island’s forest cover.

Mastering the dry-salting technique results in a product with a balanced salty flavour and a long shelf life.

The use of large amounts of black pepper gives the product the powerful peppery note that is a distinguishing feature of ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’.

Hardwood-smoking over wood from local trees (chestnut, oak, beech, etc.) gives the product a very complex palette of aromatic notes (a long and persistent smoky taste in the mouth), which is another major characteristic of ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’. It also gives the product its sustained smoky aroma and typical amber colour.

The use of natural ventilation in the drying room during the dry-curing process helps to stabilise and preserve the product and shape its organoleptic characteristics (striking the right balance between saltiness, dried meat and fat).

Know-how has been passed down from generation to generation, helped by the fact that Corsica is an island, a factor that has also enabled the characteristics of ‘Pancetta de l’Ile de Beauté’ / ‘Panzetta de l’Ile de Beauté’ to be preserved.

Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation)

https://extranet.inao.gouv.fr/fichier/CDC-PancettaIdB-RepCOM2.pdf

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

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