# Official Journal C 151/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 151 |
| | |
| English edition | Information and Notices | Volume 505 July 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 151

English edition

Information and Notices

Volume 505 July 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 151/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 151/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 151/02 | Euro exchange rates | 6 |
| | NOTICES FROM MEMBER STATES |
| 2007/C 151/03 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises | 7 |
| 2007/C 151/04 | Imposition by France of a public service obligation in respect of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse (
  1
  ) | 9 |
| 2007/C 151/05 | Statistics relating to technical regulations notified in 2006 under the Directive 98/34/EC procedure — Information supplied by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (
  1
  ) | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 151/02

Euro exchange rates

6

NOTICES FROM MEMBER STATES

2007/C 151/03

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

7

2007/C 151/04

Imposition by France of a public service obligation in respect of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse (
  1
  )

1

9

2007/C 151/05

Statistics relating to technical regulations notified in 2006 under the Directive 98/34/EC procedure — Information supplied by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (
  1
  )

1

10

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 151/06 | Prior notification of a concentration (Case COMP/M.4686 — Louis Delhaize/Magyar Hipermarket Kft) (
  1
  ) | 15 |
| 2007/C 151/07 | Invitation to submit comments on the draft Commission Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agricultural production sector | 16 |
| | OTHER ACTS |
| | Commission |
| 2007/C 151/08 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 151/06

Prior notification of a concentration (Case COMP/M.4686 — Louis Delhaize/Magyar Hipermarket Kft) (
  1
  )

1

15

2007/C 151/07

Invitation to submit comments on the draft Commission Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agricultural production sector

de minimis

16

OTHER ACTS

Commission

2007/C 151/08

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

21

| | Corrigenda |
| --- | --- |
| 2007/C 151/09 | Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ C 88, 21.4.2007) | 25 |

Corrigenda

2007/C 151/09

Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ C 88, 21.4.2007)

(OJ C 88, 21.4.2007)

25

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 5.7.2007 | EN | Official Journal of the European Union | C 151/1 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2007/C 151/01)

| Date of adoption of the decision | 19.7.2006 |
| --- | --- |
| Reference number of the aid | N 552/05 |
| Member State | Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Beihilfe für den deutschen Steinkohlenbergbau für das Jahr 2005 |
| Legal basis | Council Regulation (EC) No 1407/2002 on State aid to the coal industry |
| Type of measure | — |
| Objective | supporting coal production in order to make a contribution to the objective of energy security and the need to continue the restructuring process of the coal industry |
| Form of aid | grants and tax reduction |
| Budget | EUR 2,501 million in grants, EUR 18 million in foregone tax revenues |
| Intensity | Aid for the reduction of activity and production aid covers the difference between the production costs and the selling price. Aid to cover exception costs covers the costs arising from of having arisen from the restructuring of the coal industry |
| Duration | 2006 |
| Economic sectors | Two coalmining companies: RAG AG: EUR 2,496 million, Bergwerkgesellschaft Merchweiler mbH: EUR 5 million |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

19.7.2006

Reference number of the aid

N 552/05

Member State

Germany

Region

—

Title (and/or name of the beneficiary)

Beihilfe für den deutschen Steinkohlenbergbau für das Jahr 2005

Legal basis

Council Regulation (EC) No 1407/2002 on State aid to the coal industry

Type of measure

—

Objective

supporting coal production in order to make a contribution to the objective of energy security and the need to continue the restructuring process of the coal industry

Form of aid

grants and tax reduction

Budget

EUR 2,501 million in grants, EUR 18 million in foregone tax revenues

Intensity

Aid for the reduction of activity and production aid covers the difference between the production costs and the selling price. Aid to cover exception costs covers the costs arising from of having arisen from the restructuring of the coal industry

Duration

2006

Economic sectors

Two coalmining companies: RAG AG: EUR 2,496 million, Bergwerkgesellschaft Merchweiler mbH: EUR 5 million

Name and address of the granting authority

—

Other information

—

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

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 24.4.2006 |
| --- | --- |
| Reference number of the aid | N 508/06 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Plans de Réduction des Risques Technologiques |
| Legal basis | Loi no 2003-699 du 30 juillet 2003 relative à la prévention des risques technologiques et naturels et à la réparation des dommages |
| Type of measure | Aid scheme |
| Objective | Risk mitigation |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 5 million; Overall budget: EUR 30 million |
| Intensity | 33 % |
| Duration | 1.1.2008-31.12.2014 |
| Economic sectors | All sectors |
| Name and address of the granting authority | État, collectivités locales |
| Other information | — |

Date of adoption of the decision

24.4.2006

Reference number of the aid

N 508/06

Member State

France

Region

—

Title (and/or name of the beneficiary)

Plans de Réduction des Risques Technologiques

Legal basis

Loi no 2003-699 du 30 juillet 2003 relative à la prévention des risques technologiques et naturels et à la réparation des dommages

Type of measure

Aid scheme

Objective

Risk mitigation

Form of aid

Direct grant

Budget

Annual budget: EUR 5 million; Overall budget: EUR 30 million

Intensity

33 %

Duration

1.1.2008-31.12.2014

Economic sectors

All sectors

Name and address of the granting authority

État, collectivités locales

Other information

—

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

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 29.5.2007 |
| --- | --- |
| Reference number of the aid | N 512/06 |
| Member State | Austria |
| Region | — |
| Title (and/or name of the beneficiary) | Richtlinien zur Förderung von Gründung und Aufbau junger innovativer technologieorientierter Unternehmen |
| Legal basis | Forschungs- und Technologieförderungsgesetz, BGBI. Nr. 434/1982, zuletzt geändert durch das Bundesgesetz BGBI. I Nr. 11/2006 |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant, Reimbursable grant |
| Budget | Annual budget: EUR 40 million; Overall budget: EUR 280 million |
| Intensity | — |
| Duration | 2007-2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Bundesministerium für Verkehr, Innovation und Technologie |
| Radetzkystraße 2 |
| Postfach 3000 |
| A-1030 Wien |

Date of adoption of the decision

29.5.2007

Reference number of the aid

N 512/06

Member State

Austria

Region

—

Title (and/or name of the beneficiary)

Richtlinien zur Förderung von Gründung und Aufbau junger innovativer technologieorientierter Unternehmen

Legal basis

Forschungs- und Technologieförderungsgesetz, BGBI. Nr. 434/1982, zuletzt geändert durch das Bundesgesetz BGBI. I Nr. 11/2006

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant, Reimbursable grant

Budget

Annual budget: EUR 40 million; Overall budget: EUR 280 million

Intensity

—

Duration

2007-2013

Economic sectors

All sectors

Name and address of the granting authority

Bundesministerium für Verkehr, Innovation und Technologie

Radetzkystraße 2

Postfach 3000

A-1030 Wien

Other information

—

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

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 30.4.2007 |
| --- | --- |
| Reference number of the aid | N 752/06 |
| Member State | Italy |
| Region | — |
| Title (and/or name of the beneficiary) | Regime di aiuti all'innovazione in favore della costruzione navale |
| Legal basis | Articolo 146 del disegno di legge n. 1746-bis; decreto 5 marzo 2007 |
| Type of measure | Aid scheme |
| Objective | Innovation |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 30 million; Overall budget: EUR 90 million |
| Intensity | 20 % |
| Duration | 1.1.2007-31.12.2009 |
| Economic sectors | Shipbuilding |
| Name and address of the granting authority | Ministero dei Trasporti |
| Viale dell'Arte, 16 |
| I-00144 Roma |

Date of adoption of the decision

30.4.2007

Reference number of the aid

N 752/06

Member State

Italy

Region

—

Title (and/or name of the beneficiary)

Regime di aiuti all'innovazione in favore della costruzione navale

Legal basis

Articolo 146 del disegno di legge n. 1746-bis; decreto 5 marzo 2007

Type of measure

Aid scheme

Objective

Innovation

Form of aid

Direct grant

Budget

Annual budget: EUR 30 million; Overall budget: EUR 90 million

Intensity

20 %

Duration

1.1.2007-31.12.2009

Economic sectors

Shipbuilding

Name and address of the granting authority

Ministero dei Trasporti

Viale dell'Arte, 16

I-00144 Roma

Other information

—

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

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 10.5.2007 |
| --- | --- |
| Reference number of the aid | N 886/06 |
| Member State | Finland |
| Region | Lappi, Pohjois-Pohjanmaa, Kainuu, Pohjois-Karjala, Etelä-Savo |
| Title (and/or name of the beneficiary) | Kuljetusten alueellinen tukeminen, vuosi 2007 |
| Legal basis | Laki kuljetusten alueellisesta tukemisesta (954/1981) myöhemmin tehtyine muutoksineen; Valtioneuvoston asetus kuljetusten alueellisesta tukemisesta annetun lain soveltamisalueesta; Lag om regionalt stödjande av transporter (1981/954) med senare förändringar; statsrådets förordning om tillämpningsområdet för lagen om regionalt stödjande av transporter |
| Type of measure | Aid scheme |
| Objective | Regional development, Small and medium-sized enterprises, Employment |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 4,7 million; Overall budget: EUR 4,7 million |
| Intensity | 29 % |
| Duration | 1.1.2007-31.12.2007 |
| Economic sectors | Manufacturing industry |
| Name and address of the granting authority | Kauppa -ja teollisuusministeriö |
| PL 32 |
| FI-00023 Valtioneuvosto |

Date of adoption of the decision

10.5.2007

Reference number of the aid

N 886/06

Member State

Finland

Region

Lappi, Pohjois-Pohjanmaa, Kainuu, Pohjois-Karjala, Etelä-Savo

Title (and/or name of the beneficiary)

Kuljetusten alueellinen tukeminen, vuosi 2007

Legal basis

Laki kuljetusten alueellisesta tukemisesta (954/1981) myöhemmin tehtyine muutoksineen; Valtioneuvoston asetus kuljetusten alueellisesta tukemisesta annetun lain soveltamisalueesta; Lag om regionalt stödjande av transporter (1981/954) med senare förändringar; statsrådets förordning om tillämpningsområdet för lagen om regionalt stödjande av transporter

Type of measure

Aid scheme

Objective

Regional development, Small and medium-sized enterprises, Employment

Form of aid

Direct grant

Budget

Annual budget: EUR 4,7 million; Overall budget: EUR 4,7 million

Intensity

29 %

Duration

1.1.2007-31.12.2007

Economic sectors

Manufacturing industry

Name and address of the granting authority

Kauppa -ja teollisuusministeriö

PL 32

FI-00023 Valtioneuvosto

Other information

Detailed annual report on the implementation of the scheme

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

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 30.5.2007 |
| --- | --- |
| Reference number of the aid | N 911/06 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Protection sociale complémentaire des agents de l'État |
| Legal basis | Article 39 de la loi no 2007-148, du 2 février 2007, de modernisation de la fonction publique
  Article 22 bis de la loi no 83-634, du 13 juillet 1983, portant droits et obligations des fonctionnaires
  Projet de décret relatif à la participation de l'État et de ses établissements publics au financement de la protection sociale complémentaire de leurs personnels |
| Type of measure | Aid scheme |
| Objective | — |
| Form of aid | — |
| Budget | Annual budget: EUR 80 million |
| Intensity | — |
| Duration | — |
| Economic sectors | — |
| Name and address of the granting authority | Public employers |
| Other information | — |

Date of adoption of the decision

30.5.2007

Reference number of the aid

N 911/06

Member State

France

Region

—

Title (and/or name of the beneficiary)

Protection sociale complémentaire des agents de l'État

Legal basis

Article 39 de la loi no 2007-148, du 2 février 2007, de modernisation de la fonction publique

Article 22 bis de la loi no 83-634, du 13 juillet 1983, portant droits et obligations des fonctionnaires

Projet de décret relatif à la participation de l'État et de ses établissements publics au financement de la protection sociale complémentaire de leurs personnels

Type of measure

Aid scheme

Objective

—

Form of aid

—

Budget

Annual budget: EUR 80 million

Intensity

—

Duration

—

Economic sectors

—

Name and address of the granting authority

Public employers

Other information

—

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

http://ec.europa.eu/community_law/state_aids/

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 5.7.2007 | EN | Official Journal of the European Union | C 151/6 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/6

---

Euro exchange rates (1)

4 July 2007

(2007/C 151/02)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3618 |
| JPY | Japanese yen | 166,87 |
| DKK | Danish krone | 7,4415 |
| GBP | Pound sterling | 0,67535 |
| SEK | Swedish krona | 9,1730 |
| CHF | Swiss franc | 1,6558 |
| ISK | Iceland króna | 84,43 |
| NOK | Norwegian krone | 7,9365 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5839 |
| CZK | Czech koruna | 28,699 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,12 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6962 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7599 |
| RON | Romanian leu | 3,1348 |
| SKK | Slovak koruna | 33,479 |
| TRY | Turkish lira | 1,7616 |
| AUD | Australian dollar | 1,5875 |
| CAD | Canadian dollar | 1,4415 |
| HKD | Hong Kong dollar | 10,6393 |
| NZD | New Zealand dollar | 1,7407 |
| SGD | Singapore dollar | 2,0709 |
| KRW | South Korean won | 1 252,65 |
| ZAR | South African rand | 9,5020 |
| CNY | Chinese yuan renminbi | 10,3425 |
| HRK | Croatian kuna | 7,3040 |
| IDR | Indonesian rupiah | 12 266,41 |
| MYR | Malaysian ringgit | 4,6928 |
| PHP | Philippine peso | 62,711 |
| RUB | Russian rouble | 34,9470 |
| THB | Thai baht | 42,965 |

Currency

Exchange rate

USD

US dollar

1,3618

JPY

Japanese yen

166,87

DKK

Danish krone

7,4415

GBP

Pound sterling

0,67535

SEK

Swedish krona

9,1730

CHF

Swiss franc

1,6558

ISK

Iceland króna

84,43

NOK

Norwegian krone

7,9365

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5839

CZK

Czech koruna

28,699

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,12

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6962

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7599

RON

Romanian leu

3,1348

SKK

Slovak koruna

33,479

TRY

Turkish lira

1,7616

AUD

Australian dollar

1,5875

CAD

Canadian dollar

1,4415

HKD

Hong Kong dollar

10,6393

NZD

New Zealand dollar

1,7407

SGD

Singapore dollar

2,0709

KRW

South Korean won

1 252,65

ZAR

South African rand

9,5020

CNY

Chinese yuan renminbi

10,3425

HRK

Croatian kuna

7,3040

IDR

Indonesian rupiah

12 266,41

MYR

Malaysian ringgit

4,6928

PHP

Philippine peso

62,711

RUB

Russian rouble

34,9470

THB

Thai baht

42,965

---

(1)

Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 5.7.2007 | EN | Official Journal of the European Union | C 151/7 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/7

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2007/C 151/03)

| Aid No | XA 7007/07 |
| --- | --- |
| Member State | Federal Republic of Germany |
| Region | All German Länder as aid providers |
| Title of aid scheme or name of the company receiving an individual aid | Outline Plan of the joint Federal Government/Länder scheme‘Improvement of agricultural structures and coastal protection’ [Rahmenplan der Gemeinschaftsaufgabe ‘Verbesserung der Agrarstruktur und des Küstenschutzes’], which predominantly serves to implement the national framework under Article 15(3) of Regulation (EC) No 1698/2005, specifically:






  1. | promoting investment in the sphere of processing and marketing at the level of agricultural holdings (Programme for promoting agricultural investment — AFP) |

Aid No

XA 7007/07

Member State

Federal Republic of Germany

Region

All German Länder as aid providers

Title of aid scheme or name of the company receiving an individual aid

Outline Plan of the joint Federal Government/Länder scheme‘Improvement of agricultural structures and coastal protection’ [Rahmenplan der Gemeinschaftsaufgabe ‘Verbesserung der Agrarstruktur und des Küstenschutzes’], which predominantly serves to implement the national framework under Article 15(3) of Regulation (EC) No 1698/2005, specifically:

1.

promoting investment in the sphere of processing and marketing at the level of agricultural holdings (Programme for promoting agricultural investment — AFP)

| 2. | promoting investment by undertakings active in processing and marketing (Principles for promoting improvement in market structure) |
| --- | --- |

2.

promoting investment by undertakings active in processing and marketing (Principles for promoting improvement in market structure)

| 3. | promoting the creation of marketing concepts (Principles for promoting improvement in market structure) |
| --- | --- |

3.

promoting the creation of marketing concepts (Principles for promoting improvement in market structure)

http://www.bmelv.de/cln_044/nn_751002/DE/04-Landwirtschaft/Foerderung/GAK/Rahmenplan/Rahmenplan2007.html__nnn=true

Legal basis

Rahmenplan der Gemeinschaftsaufgabe „Verbesserung der Agrarstruktur und des Küstenschutzes“

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company

Aid scheme

Total amount per year for the Outline Plan of the joint Federal Government/Länder scheme ‘Improvement of agricultural structures and coastal protection’

EUR 70 million

Loans guaranteed

—

Individual aid

Overall aid amount

—

Loans guaranteed

—

Maximum aid intensity

In accordance with Article 4(2)-(7) and Article 5 of the Regulation

Yes

Date of implementation

15.2.2007

Duration of scheme or individual aid award

31.12.2010

Objective of aid

Aid to small and medium-sized undertakings

Yes

Economic sector(s) concerned

All economic sectors eligible for aid to SMEs

Limited to the following economic sectors

Yes

| — | coalmining |
| --- | --- |

—

coalmining

| — | all manufacturing |
| --- | --- |

—

all manufacturing

or

steel industry

shipbuilding

synthetic fibres

motor vehicles

other manufacturing

| — | processing and marketing of agricultural products |
| --- | --- |

—

processing and marketing of agricultural products

Yes

| — | all services |
| --- | --- |

—

all services

or

transport services

financial services

other services

Name and address of the granting authority

The aid is granted by the competent Land authorities.

Large individual aid grants

In conformity with Article 6 of the Regulation

Yes

---

| 5.7.2007 | EN | Official Journal of the European Union | C 151/9 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/9

---

Imposition by France of a public service obligation in respect of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse

(Text with EEA relevance)

(2007/C 151/04)

| 1. | France has decided to impose a public service obligation in respect of scheduled air services operated between Dijon-Bourgogne and Bordeaux (Mérignac) and between Dijon-Bourgogne and Toulouse (Blagnac) pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (1). |
| --- | --- |

1.

France has decided to impose a public service obligation in respect of scheduled air services operated between Dijon-Bourgogne and Bordeaux (Mérignac) and between Dijon-Bourgogne and Toulouse (Blagnac) pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (1).

| 2. | The public service obligation in respect of scheduled air services between Dijon-Bourgogne and Bordeaux (Mérignac) and between Dijon-Bourgogne and Toulouse (Blagnac) is as follows: |
| --- | --- |

2.

The public service obligation in respect of scheduled air services between Dijon-Bourgogne and Bordeaux (Mérignac) and between Dijon-Bourgogne and Toulouse (Blagnac) is as follows:

2.1.   Frequency

The minimum level of service provided must be:

| — | two return trips a day, morning and evening, from Monday to Friday, excluding public holidays, 220 days a year, |
| --- | --- |

—

two return trips a day, morning and evening, from Monday to Friday, excluding public holidays, 220 days a year,

| — | one return trip on Sunday evening for 48 weeks a year. |
| --- | --- |

—

one return trip on Sunday evening for 48 weeks a year.

From Monday to Friday, the services must be operated in the morning according to the following route: Dijon-Bordeaux-Toulouse-Dijon, and in the evening according to the following route: Dijon-Toulouse-Bordeaux-Dijon, without any other stopover in the morning or evening.

2.2.   Type of aircraft used and minimum capacity provided

The services must be operated with a pressurised aircraft with a minimum seating capacity of 28.

2.3.   Timetables

From Monday to Friday, the timetables must allow passengers to make a round trip within the day and to spend at least seven hours at their destination, be it Bordeaux, Toulouse or Dijon.

The timetables must allow transit passengers to take national or European connecting flights at Bordeaux or Toulouse.

2.4.   Flight bookings

The flights must be marketed by means of a computerised booking system.

2.5.   Continuity of service

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 3 % of the number of flights scheduled in any IATA scheduling season. In addition, the carrier must give a minimum of six months' advance notice before discontinuing the services.

Community carriers are hereby informed that the operation of air services without regard to the abovementioned public service obligation may result in administrative and/or criminal penalties.

---

(1)  OJ L 240, 24.8.1992, p. 8.

---

| 5.7.2007 | EN | Official Journal of the European Union | C 151/10 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/10

---

STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2006 UNDER THE DIRECTIVE 98/34/EC PROCEDURE

Information supplied by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (1)

(Text with EEA relevance)

(2007/C 151/05)

I.   Types of reactions sent to EC Member States regarding the drafts notified by each of them

| Member State | Notifications | Observations (2) | Detailed Opinions (3) | Proposals for Community Acts |
| --- | --- | --- | --- | --- |
| Member State | COM | EFTA (4) | TR (5) | Member State | COM | 9(3) (6) | 9(4) (7) |
| Belgium | 28 | 2 | 12 | 0 | 0 | 1 | 6 | 0 | 0 |
| Denmark | 24 | 8 | 12 | 0 | 0 | 2 | 0 | 0 | 0 |
| Germany | 77 | 12 | 17 | 0 | 0 | 6 | 8 | 1 | 0 |
| Spain | 70 | 11 | 8 | 0 | 0 | 1 | 2 | 0 | 0 |
| Finland | 18 | 2 | 3 | 0 | 0 | 3 | 0 | 0 | 0 |
| France | 57 | 25 | 11 | 0 | 0 | 6 | 11 | 0 | 0 |
| Greece | 5 | 1 | 2 | 0 | 0 | 1 | 1 | 0 | 0 |
| Ireland | 6 | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| Italy | 20 | 8 | 5 | 0 | 0 | 2 | 1 | 0 | 0 |
| Luxembourg | 2 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| The Netherlands | 71 | 13 | 12 | 0 | 0 | 5 | 1 | 0 | 0 |
| Austria | 42 | 9 | 9 | 0 | 0 | 2 | 3 | 0 | 0 |
| Portugal | 7 | 2 | 2 | 0 | 0 | 1 | 2 | 0 | 0 |
| Sweden | 50 | 8 | 16 | 0 | 0 | 2 | 2 | 0 | 2 |
| United Kingdom | 59 | 20 | 16 | 0 | 0 | 6 | 6 | 0 | 0 |
| Latvia | 10 | 2 | 2 | 0 | 0 | 0 | 1 | 0 | 0 |
| Malta | 7 | 0 | 1 | 0 | 0 | 0 | 2 | 0 | 0 |
| Cyprus | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
| Czech Republic | 21 | 11 | 2 | 0 | 0 | 2 | 2 | 0 | 0 |
| Hungary | 15 | 5 | 1 | 0 | 0 | 1 | 2 | 0 | 0 |
| Lithuania | 2 | 2 | 1 | 0 | 0 | 2 | 1 | 0 | 0 |
| Estonia | 8 | 2 | 3 | 0 | 0 | 0 | 0 | 0 | 0 |
| Slovenia | 11 | 2 | 3 | 0 | 0 | 1 | 1 | 0 | 0 |
| Poland | 48 | 15 | 11 | 0 | 0 | 5 | 8 | 0 | 0 |
| Slovakia | 9 | 8 | 2 | 0 | 0 | 3 | 1 | 0 | 0 |
| EU Total | 668 | 172 | 154 | 0 | 0 | 52 | 61 | 1 | 2 |

Member State

Notifications

Observations (2)

Detailed Opinions (3)

Proposals for Community Acts

Member State

COM

EFTA (4)

TR (5)

Member State

COM

9(3) (6)

9(4) (7)

Belgium

28

2

12

0

0

1

6

0

0

Denmark

24

8

12

0

0

2

0

0

0

Germany

77

12

17

0

0

6

8

1

0

Spain

70

11

8

0

0

1

2

0

0

Finland

18

2

3

0

0

3

0

0

0

France

57

25

11

0

0

6

11

0

0

Greece

5

1

2

0

0

1

1

0

0

Ireland

6

1

2

0

0

0

0

0

0

Italy

20

8

5

0

0

2

1

0

0

Luxembourg

2

3

0

0

0

0

0

0

0

The Netherlands

71

13

12

0

0

5

1

0

0

Austria

42

9

9

0

0

2

3

0

0

Portugal

7

2

2

0

0

1

2

0

0

Sweden

50

8

16

0

0

2

2

0

2

United Kingdom

59

20

16

0

0

6

6

0

0

Latvia

10

2

2

0

0

0

1

0

0

Malta

7

0

1

0

0

0

2

0

0

Cyprus

1

0

1

0

0

0

0

0

0

Czech Republic

21

11

2

0

0

2

2

0

0

Hungary

15

5

1

0

0

1

2

0

0

Lithuania

2

2

1

0

0

2

1

0

0

Estonia

8

2

3

0

0

0

0

0

0

Slovenia

11

2

3

0

0

1

1

0

0

Poland

48

15

11

0

0

5

8

0

0

Slovakia

9

8

2

0

0

3

1

0

0

EU Total

668

172

154

0

0

52

61

1

2

II.   Breakdown by sector of drafts notified by EU Member States

| Sector | BE | DK | DE | ES | FI | FR | GR | IE | IT | LU | NL | AT | PT | SE | UK | LT | MT | CY | CZ | HU | LV | EE | SI | PL | SK | EU Total |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Building and construction | 3 | 0 | 30 | 6 | 5 | 14 | 0 | 0 | 2 | 1 | 6 | 15 | 1 | 3 | 2 | 1 | 3 | 0 | 2 | 0 | 0 | 0 | 5 | 5 | 0 | 104 |
| Foodstuffs and agricultural products | 2 | 5 | 5 | 4 | 1 | 11 | 1 | 0 | 8 | 1 | 10 | 1 | 4 | 6 | 14 | 1 | 1 | 0 | 4 | 4 | 2 | 2 | 4 | 1 | 4 | 96 |
| Chemicals | 0 | 1 | 1 | 1 | 0 | 2 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 4 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 15 |
| Pharmaceuticals | 0 | 0 | 3 | 0 | 0 | 8 | 1 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 18 |
| Domestic and leisure equipment | 2 | 0 | 0 | 6 | 0 | 0 | 0 | 0 | 2 | 0 | 0 | 3 | 0 | 3 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 18 |
| Machinery | 4 | 0 | 1 | 16 | 1 | 1 | 0 | 1 | 2 | 0 | 7 | 3 | 0 | 6 | 12 | 0 | 1 | 0 | 3 | 1 | 3 | 1 | 0 | 21 | 1 | 85 |
| Energy, ores, wood | 5 | 1 | 2 | 3 | 2 | 4 | 2 | 0 | 0 | 0 | 6 | 2 | 0 | 4 | 0 | 0 | 0 | 0 | 4 | 0 | 0 | 0 | 0 | 9 | 1 | 45 |
| Environment, packaging | 3 | 6 | 1 | 1 | 0 | 1 | 0 | 1 | 1 | 0 | 8 | 4 | 0 | 5 | 3 | 0 | 0 | 0 | 2 | 4 | 4 | 1 | 0 | 6 | 0 | 51 |
| Health, medical equipment | 0 | 0 | 0 | 0 | 0 | 9 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 11 |
| Transport | 1 | 8 | 8 | 7 | 5 | 2 | 0 | 0 | 3 | 0 | 11 | 3 | 0 | 16 | 4 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 3 | 1 | 75 |
| Telecommunications | 4 | 3 | 17 | 24 | 2 | 3 | 1 | 1 | 0 | 0 | 6 | 8 | 1 | 2 | 13 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 86 |
| Miscellaneous products | 2 | 0 | 2 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 3 | 0 | 0 | 1 | 5 | 0 | 0 | 0 | 3 | 5 | 1 | 2 | 0 | 2 | 2 | 30 |
| Information society services | 2 | 0 | 7 | 1 | 2 | 1 | 0 | 0 | 1 | 0 | 12 | 1 | 1 | 0 | 1 | 0 | 2 | 0 | 1 | 0 | 0 | 1 | 0 | 1 | 0 | 34 |
| Total per Member State | 28 | 24 | 77 | 70 | 18 | 57 | 5 | 6 | 20 | 2 | 71 | 42 | 7 | 50 | 59 | 2 | 7 | 1 | 21 | 15 | 10 | 8 | 11 | 48 | 9 | 668 |

Sector

BE

DK

DE

ES

FI

FR

GR

IE

IT

LU

NL

AT

PT

SE

UK

LT

MT

CY

CZ

HU

LV

EE

SI

PL

SK

EU Total

Building and construction

3

0

30

6

5

14

0

0

2

1

6

15

1

3

2

1

3

0

2

0

0

0

5

5

0

104

Foodstuffs and agricultural products

2

5

5

4

1

11

1

0

8

1

10

1

4

6

14

1

1

0

4

4

2

2

4

1

4

96

Chemicals

0

1

1

1

0

2

0

0

0

0

2

1

0

4

0

0

0

0

1

0

0

1

1

0

0

15

Pharmaceuticals

0

0

3

0

0

8

1

3

0

0

0

0

0

0

3

0

0

0

0

0

0

0

0

0

0

18

Domestic and leisure equipment

2

0

0

6

0

0

0

0

2

0

0

3

0

3

2

0

0

0

0

0

0

0

0

0

0

18

Machinery

4

0

1

16

1

1

0

1

2

0

7

3

0

6

12

0

1

0

3

1

3

1

0

21

1

85

Energy, ores, wood

5

1

2

3

2

4

2

0

0

0

6

2

0

4

0

0

0

0

4

0

0

0

0

9

1

45

Environment, packaging

3

6

1

1

0

1

0

1

1

0

8

4

0

5

3

0

0

0

2

4

4

1

0

6

0

51

Health, medical equipment

0

0

0

0

0

9

0

0

1

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

11

Transport

1

8

8

7

5

2

0

0

3

0

11

3

0

16

4

0

0

0

1

1

0

0

1

3

1

75

Telecommunications

4

3

17

24

2

3

1

1

0

0

6

8

1

2

13

0

0

1

0

0

0

0

0

0

0

86

Miscellaneous products

2

0

2

1

0

1

0

0

0

0

3

0

0

1

5

0

0

0

3

5

1

2

0

2

2

30

Information society services

2

0

7

1

2

1

0

0

1

0

12

1

1

0

1

0

2

0

1

0

0

1

0

1

0

34

Total per Member State

28

24

77

70

18

57

5

6

20

2

71

42

7

50

59

2

7

1

21

15

10

8

11

48

9

668

III.   Observations relating to drafts notified by Iceland, Liechtenstein, Norway (8) and Switzerland (9)

| Country | Notifications | EC Observations (10) |
| --- | --- | --- |
| Iceland | 1 | 0 |
| Liechtenstein | 1 | 0 |
| Norway | 21 | 9 |
| Switzerland | 13 | 5 |
| Total | 36 | 14 |

Country

Notifications

EC Observations (10)

Iceland

1

0

Liechtenstein

1

0

Norway

21

9

Switzerland

13

5

Total

36

14

IV.   Breakdown by sector of drafts notified by Liechtenstein Iceland, Norway and Switzerland

| Sector | Iceland | Liechtenstein | Norway | Switzerland | Total per sector |
| --- | --- | --- | --- | --- | --- |
| Foodstuffs and agricultural products | 1 | 0 | 2 | 4 | 7 |
| Chemicals | 0 | 0 | 2 | 0 | 2 |
| Pharmaceuticals | 0 | 0 | 3 | 1 | 4 |
| Domestic and leisure equipment | 0 | 0 | 1 | 0 | 1 |
| Machinery | 0 | 0 | 4 | 0 | 4 |
| Energy, ores, wood | 0 | 1 | 0 | 0 | 1 |
| Health, medical equipment | 0 | 0 | 1 | 2 | 3 |
| Environment, packaging | 0 | 0 | 0 | 1 | 1 |
| Transport | 0 | 0 | 7 | 3 | 10 |
| Telecommunications | 0 | 0 | 0 | 2 | 2 |
| Miscellaneous products | 0 | 0 | 1 | 0 | 1 |
| Total per country | 1 | 1 | 21 | 13 | 36 |

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total per sector

Foodstuffs and agricultural products

1

0

2

4

7

Chemicals

0

0

2

0

2

Pharmaceuticals

0

0

3

1

4

Domestic and leisure equipment

0

0

1

0

1

Machinery

0

0

4

0

4

Energy, ores, wood

0

1

0

0

1

Health, medical equipment

0

0

1

2

3

Environment, packaging

0

0

0

1

1

Transport

0

0

7

3

10

Telecommunications

0

0

0

2

2

Miscellaneous products

0

0

1

0

1

Total per country

1

1

21

13

36

V.   Drafts notified by Turkey and comments on these drafts

| Turkey | Notifications | EC Comments |
| --- | --- | --- |
| Total | 19 | 15 |

Turkey

Notifications

EC Comments

Total

19

15

VI.   Distribution by sector of drafts notified by Turkey

| Sectors | Turkey |
| --- | --- |
| Foodstuffs and agricultural products | 9 |
| Building and construction | 1 |
| Energy, ores, wood | 8 |
| Transport | 1 |
| Total | 19 |

Sectors

Turkey

Foodstuffs and agricultural products

9

Building and construction

1

Energy, ores, wood

8

Transport

1

Total

19

VII.   Statistics on infringement procedures ongoing in 2006 and initiated under Article 226 of the EC Treaty against national technical regulations adopted in breach of the provisions of Directive 98/34/EC

| Country | Number |
| --- | --- |
| Spain | 2 |
| Danmark | 1 |
| Hungary | 1 |
| Italy | 6 |
| Portugal | 1 |
| United Kingdom | 1 |
| Sweden | 2 |
| EU Total | 14 |

Country

Number

Spain

2

Danmark

1

Hungary

1

Italy

6

Portugal

1

United Kingdom

1

Sweden

2

EU Total

14

---

(1)  Directive 98/34/EC (OJ L 204, 21.7.1998, p. 37) consolidates Council Directive 83/189/EEC (OJ L 109, 26.4.1983, p. 8), as amended principally by Directives 88/182/EEC (OJ L 81, 26.3.1988, p. 75) and 94/10/EC of the European Parliament and the Council (OJ L 100, 19.4.1994, p. 30). Directive 98/34/EC was amended by Directive 98/48/CE (OJ L 217, 5.8.1998, p. 18) which broadened its scope to include information society services. This came into effect on 5 August 1999.

(2)  Article 8(2) of the Directive.

(3)  Article 9(2) of the Directive (‘detailed opinion ... to the effect that the envisaged measure may create obstacles to the free movement of goods or services or to freedom of establishment of service operators within the internal market’).

(4)  On the basis of the Agreement on the European Economic Area, the EFTA countries contracting parties to this Agreement apply Directive 98/34/EC adapted as necessary in accordance with Annex II, Chapter XIX, Point 1, and may thus issue observations relating to drafts notified by Member States of the Community. Switzerland may also issue such observations on the basis of an informal agreement for the exchange of information in the field of technical regulations.

(5)  The 98/34 procedure was extended to Turkey in the context of the Association Agreement concluded with that country (Association Agreement between the European Economic Community and Turkey (OJ 217, 29.12.1964, p. 3 687) and Decisions 1/95 and 2/97 of the EC-Turkey Association Council (JO C 11, 15.1.2005, p. 2).

(6)  Article 9(3) of the Directive requiring Member States to postpone the adoption of a notified draft (except for draft regulations concerning services) for twelve months from receipt by the Commission if the latter announces its intention to propose or adopt a Directive, Regulation, or Decision on the matter.

(7)  Article 9(4)of the Directive requiring Member States to postpone the adoption of a notified draft for twelve months from the receipt by the Commission if the latter announces its finding that the draft concerns a matter which is covered by a proposal for a Directive, Regulation or Decision presented to the Council.

(8)  The Agreement on the European Economic Area (see note 4) requires EFTA countries which are contracting parties to this Agreement to notify draft technical regulations to the Commission.

(9)  On the basis of the informal agreement for the exchange of information in the field of technical regulations (see note 4), Switzerland forwards its draft technical regulations to the Commission.

(10)  The only type of Community reaction provided for by the Agreement on the European Economic Area (see notes 4 and 7) is the facility to issue observations (Article 8(2) of Directive 98/34/EC as in Annex II, Chapter XIX, Point 1 of this Agreement). The same type of reaction may be issued in respect of Swiss notifications on the basis of the informal agreement between the Community and Switzerland (see notes 4 and 8).

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 5.7.2007 | EN | Official Journal of the European Union | C 151/15 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/15

---

Prior notification of a concentration

(Case COMP/M.4686 — Louis Delhaize/Magyar Hipermarket Kft)

(Text with EEA relevance)

(2007/C 151/06)

| 1. | On 4 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Louis Delhaize S.A. (‘Louis Delhaize’, Belgium), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Magyar Hipermarket Kft (‘Magyar Hipermarket’, Hungary) by way of purchase of shares. |
| --- | --- |

1.

On 4 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Louis Delhaize S.A. (‘Louis Delhaize’, Belgium), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Magyar Hipermarket Kft (‘Magyar Hipermarket’, Hungary) by way of purchase of shares.

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






  — | Louis Delhaize: undertaking active, through its subsidiaries, in food and non-food retailing in various European countries, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Louis Delhaize: undertaking active, through its subsidiaries, in food and non-food retailing in various European countries,

| — | Magyar Hipermarket: undertaking operating hypermarkets as a franchisee of Cora France. |
| --- | --- |

—

Magyar Hipermarket: undertaking operating hypermarkets as a franchisee of Cora France.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4686 — Louis Delhaize/Magyar Hipermarket Kft, to the following address:





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

4.

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

Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4686 — Louis Delhaize/Magyar Hipermarket Kft, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 5.7.2007 | EN | Official Journal of the European Union | C 151/16 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/16

---

Invitation to submit comments on the draft Commission Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agricultural production sector

(2007/C 151/07)

Interested parties may submit their comments within one month of the date of publication of this draft Regulation to:

| European Commission |
| --- |
| Directorate-General for Agriculture and Rural Development |
| Unit H.2 |
| Office: Loi 130 05/100 |
| B-1049 Brussels |
| Fax: (32-2) 296 76 72 |
| E-mail: Agri-State-Aids@ec.europa.eu |

European Commission

Directorate-General for Agriculture and Rural Development

Unit H.2

Office: Loi 130 05/100

B-1049 Brussels

Fax: (32-2) 296 76 72

E-mail: Agri-State-Aids@ec.europa.eu

DRAFT COMMISSION REGULATION (EC) No .../...

of ...

on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agricultural production sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (1), and in particular Article 2(1) thereof,

(Having published a draft of this Regulation (2)),

(Having consulted the Advisory Committee on State aid),

Whereas:

| (1) | Regulation (EC) No 994/98 empowers the Commission to set out in a regulation a threshold below which aid measures are considered not to meet all the criteria of Article 87(1) of the Treaty and therefore do not fall under the notification procedure provided for in Article 88(3) of the Treaty. |
| --- | --- |

(1)

Regulation (EC) No 994/98 empowers the Commission to set out in a regulation a threshold below which aid measures are considered not to meet all the criteria of Article 87(1) of the Treaty and therefore do not fall under the notification procedure provided for in Article 88(3) of the Treaty.

| (2) | The Commission has applied Articles 87 and 88 of the Treaty and in particular clarified, in numerous decisions, the notion of aid within the meaning of Article 87(1) of the Treaty. It has also stated its policy with regard to a de minimis ceiling under which Article 87(1) of the Treaty can be considered not to apply, firstly in its communication on de minimis aid (3) and then in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (4). In view of the special rules which apply in the agriculture sector and of the risks that even low levels of aid could fulfil the criteria of Article 87(1) of the Treaty in that sector, Regulation (EC) No 69/2001 excludes the agriculture sector from its scope. |
| --- | --- |

(2)

The Commission has applied Articles 87 and 88 of the Treaty and in particular clarified, in numerous decisions, the notion of aid within the meaning of Article 87(1) of the Treaty. It has also stated its policy with regard to a de minimis ceiling under which Article 87(1) of the Treaty can be considered not to apply, firstly in its communication on de minimis aid (3) and then in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (4). In view of the special rules which apply in the agriculture sector and of the risks that even low levels of aid could fulfil the criteria of Article 87(1) of the Treaty in that sector, Regulation (EC) No 69/2001 excludes the agriculture sector from its scope.

| (3) | However, since the experience gained over the years has shown that the very small amounts of aid granted in the agriculture sector may also not meet the criteria of Article 87(1) of the Treaty where certain conditions are met, the Commission laid down rules allowing the grant of de minimis aid in that sector in Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors (5). That Regulation, by virtue of which the total amount of de minimis aid granted to one and the same undertaking is regarded as not meeting all the criteria of Article 87(1) of the Treaty where it does not exceed EUR 3 000 per beneficiary over any period of three years or a cumulative amount laid down for each Member State representing 0,3 % of annual output in the agriculture sector, covers both primary production and the processing and marketing of agricultural products. |
| --- | --- |

(3)

However, since the experience gained over the years has shown that the very small amounts of aid granted in the agriculture sector may also not meet the criteria of Article 87(1) of the Treaty where certain conditions are met, the Commission laid down rules allowing the grant of de minimis aid in that sector in Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors (5). That Regulation, by virtue of which the total amount of de minimis aid granted to one and the same undertaking is regarded as not meeting all the criteria of Article 87(1) of the Treaty where it does not exceed EUR 3 000 per beneficiary over any period of three years or a cumulative amount laid down for each Member State representing 0,3 % of annual output in the agriculture sector, covers both primary production and the processing and marketing of agricultural products.

| (4) | Given the similarities between activities in the processing and marketing of agricultural products within the meaning of Article 1(2)(b) and (c) of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid on the one hand and industrial activities on the other, activities in the processing and marketing of agricultural products were included in the scope of Regulation (EC) No 1998/2006, which governs de minimis aid for industrial activities. As a result, those activities were excluded from the scope of Regulation (EC) No 1860/2004. The fisheries and aquaculture sectors, which are also covered by Regulation (EC) No 1860/2004, will be dealt with shortly in a separate de minimis Regulation. For the sake of clarity, Regulation (EC) No 1860/2004 should be repealed and replaced by a new Regulation applicable only to the agricultural production sector. |
| --- | --- |

(4)

Given the similarities between activities in the processing and marketing of agricultural products within the meaning of Article 1(2)(b) and (c) of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid on the one hand and industrial activities on the other, activities in the processing and marketing of agricultural products were included in the scope of Regulation (EC) No 1998/2006, which governs de minimis aid for industrial activities. As a result, those activities were excluded from the scope of Regulation (EC) No 1860/2004. The fisheries and aquaculture sectors, which are also covered by Regulation (EC) No 1860/2004, will be dealt with shortly in a separate de minimis Regulation. For the sake of clarity, Regulation (EC) No 1860/2004 should be repealed and replaced by a new Regulation applicable only to the agricultural production sector.

| (5) | In the light of the Commission's experience, the maximum amount of aid of EUR 3 000 per beneficiary over a period of three years may be increased to EUR 6 000 and the ceiling of 0,3 % of annual output in the agriculture sector may be increased to 0,6 % without trade between Member States being affected, without there being any distortion or threat of distortion of competition, and without aid being granted within those limits falling under Article 87(1) of the Treaty, provided that certain conditions are met. This increase will also help to reduce the administrative burden. It should not be possible for aid amounts exceeding the ceiling of EUR 6 000 to be broken down into a number of smaller parts with the aim of benefiting from this Regulation. |
| --- | --- |

(5)

In the light of the Commission's experience, the maximum amount of aid of EUR 3 000 per beneficiary over a period of three years may be increased to EUR 6 000 and the ceiling of 0,3 % of annual output in the agriculture sector may be increased to 0,6 % without trade between Member States being affected, without there being any distortion or threat of distortion of competition, and without aid being granted within those limits falling under Article 87(1) of the Treaty, provided that certain conditions are met. This increase will also help to reduce the administrative burden. It should not be possible for aid amounts exceeding the ceiling of EUR 6 000 to be broken down into a number of smaller parts with the aim of benefiting from this Regulation.

| (6) | This Regulation should not apply to export aid or aid favouring domestic over imported products. In particular, it should not apply to aid financing the establishment and operation of a distribution network in other countries. Aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new product or an existing product on a new market does not normally constitute export aid. |
| --- | --- |

(6)

This Regulation should not apply to export aid or aid favouring domestic over imported products. In particular, it should not apply to aid financing the establishment and operation of a distribution network in other countries. Aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new product or an existing product on a new market does not normally constitute export aid.

| (7) | The Court of Justice of the European Communities has established that, once the Community has legislated for the establishment of a common organisation of the market in a given sector of agriculture, Member States are under an obligation to refrain from taking any measure which might undermine or create exceptions to it (6). For this reason, this Regulation should not apply to aid whose amount is laid down on the basis of price or quantity of products purchased or put on the market. |
| --- | --- |

(7)

The Court of Justice of the European Communities has established that, once the Community has legislated for the establishment of a common organisation of the market in a given sector of agriculture, Member States are under an obligation to refrain from taking any measure which might undermine or create exceptions to it (6). For this reason, this Regulation should not apply to aid whose amount is laid down on the basis of price or quantity of products purchased or put on the market.

| (8) | For the sake of transparency, equal treatment and the correct application of the de minimis ceiling, all Member States should apply the same method of calculation. In order to facilitate this calculation, aid amounts not taking the form of a cash grant should be converted into their gross grant equivalent. Calculation of the grant equivalent of forms of transparent aid other than grants or aid payable in several instalments requires the use of market interest rates prevailing at the time of granting such aid. With a view to a uniform, transparent and simple application of the State aid rules, the market rates for the purposes of this Regulation should be deemed to be the reference rates which are periodically laid down by the Commission on the basis of objective criteria and published in the Official Journal of the European Union or on the internet. It may, however, be necessary to add additional basis points on top of the floor rate in view of the securities provided or the risk associated with the beneficiary. |
| --- | --- |

(8)

For the sake of transparency, equal treatment and the correct application of the de minimis ceiling, all Member States should apply the same method of calculation. In order to facilitate this calculation, aid amounts not taking the form of a cash grant should be converted into their gross grant equivalent. Calculation of the grant equivalent of forms of transparent aid other than grants or aid payable in several instalments requires the use of market interest rates prevailing at the time of granting such aid. With a view to a uniform, transparent and simple application of the State aid rules, the market rates for the purposes of this Regulation should be deemed to be the reference rates which are periodically laid down by the Commission on the basis of objective criteria and published in the Official Journal of the European Union or on the internet. It may, however, be necessary to add additional basis points on top of the floor rate in view of the securities provided or the risk associated with the beneficiary.

| (9) | Again for the purposes of transparency, equal treatment and the correct application of the de minimis ceiling, this Regulation should apply only to de minimis aid which is transparent. ‘Transparent aid’ should be taken to mean aid for which it is possible to calculate precisely in advance the gross grant equivalent without the need to undertake a risk assessment. Such precise calculation can, for instance, be realised as regards grants, interest rate subsidies and capped tax exemptions. Aid in the form of soft loans should be considered to be transparent de minimis aid when the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of grant. Aid in the form of capital injections should not be considered to be transparent de minimis aid unless the total amount of the public capital injection is lower than the de minimis ceiling per beneficiary. Aid in the form of risk capital measures as referred to in the Community guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (7) should not be considered to be transparent de minimis aid unless the risk capital scheme concerned provides capital only up to the de minimis ceiling per beneficiary. Given the level of the amounts that may be considered not to distort or threaten to distort competition and, as a result, not to fall under Article 87(1) of the Treaty within the meaning of this Regulation, this Regulation should not apply to aid in the form of guarantees. |
| --- | --- |

(9)

Again for the purposes of transparency, equal treatment and the correct application of the de minimis ceiling, this Regulation should apply only to de minimis aid which is transparent. ‘Transparent aid’ should be taken to mean aid for which it is possible to calculate precisely in advance the gross grant equivalent without the need to undertake a risk assessment. Such precise calculation can, for instance, be realised as regards grants, interest rate subsidies and capped tax exemptions. Aid in the form of soft loans should be considered to be transparent de minimis aid when the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of grant. Aid in the form of capital injections should not be considered to be transparent de minimis aid unless the total amount of the public capital injection is lower than the de minimis ceiling per beneficiary. Aid in the form of risk capital measures as referred to in the Community guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (7) should not be considered to be transparent de minimis aid unless the risk capital scheme concerned provides capital only up to the de minimis ceiling per beneficiary. Given the level of the amounts that may be considered not to distort or threaten to distort competition and, as a result, not to fall under Article 87(1) of the Treaty within the meaning of this Regulation, this Regulation should not apply to aid in the form of guarantees.

| (10) | This Regulation should not apply to undertakings in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (8) given the difficulties linked to determining the gross grant equivalent of aid granted to this type of undertaking. |
| --- | --- |

(10)

This Regulation should not apply to undertakings in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (8) given the difficulties linked to determining the gross grant equivalent of aid granted to this type of undertaking.

| (11) | In accordance with the principles governing aid falling within Article 87(1) of the Treaty, de minimis aid should be considered to be granted at the moment the right to receive the aid is conferred on the undertaking under the applicable national legal regime. |
| --- | --- |

(11)

In accordance with the principles governing aid falling within Article 87(1) of the Treaty, de minimis aid should be considered to be granted at the moment the right to receive the aid is conferred on the undertaking under the applicable national legal regime.

| (12) | In order to avoid circumvention of maximum aid intensities laid down in different Community instruments, it should not be possible for de minimis aid to be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case. |
| --- | --- |

(12)

In order to avoid circumvention of maximum aid intensities laid down in different Community instruments, it should not be possible for de minimis aid to be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case.

| (13) | This Regulation does not exclude the possibility that a measure adopted by a Member State might not be considered to be State aid within the meaning of Article 87(1) of the Treaty on a basis other than this Regulation, for instance in the case of capital injections, because such measure has been decided in conformity with the principle of private investors operating in normal market-economy conditions. |
| --- | --- |

(13)

This Regulation does not exclude the possibility that a measure adopted by a Member State might not be considered to be State aid within the meaning of Article 87(1) of the Treaty on a basis other than this Regulation, for instance in the case of capital injections, because such measure has been decided in conformity with the principle of private investors operating in normal market-economy conditions.

| (14) | The Commission must ensure that State aid rules are complied with, and in particular that aid granted under the de minimis rules adheres to the conditions thereof. In accordance with the cooperation principle laid down in Article 10 of the Treaty, Member States should facilitate the achievement of this task by establishing the necessary machinery to ensure that the total amount of aid granted under the de minimis rule does not exceed either the ceiling of EUR 6 000 per beneficiary or the overall ceilings established by the Commission on the basis of the value of agricultural output. To that end, the Member States, when granting a de minimis aid, should inform the undertaking of its de minimis character, receive full information about other de minimis aid received during the previous three years, and carefully check that the de minimis ceilings will not be exceeded by the new de minimis aid. Alternatively, compliance with the ceilings may also be ensured by means of a central register. |
| --- | --- |

(14)

The Commission must ensure that State aid rules are complied with, and in particular that aid granted under the de minimis rules adheres to the conditions thereof. In accordance with the cooperation principle laid down in Article 10 of the Treaty, Member States should facilitate the achievement of this task by establishing the necessary machinery to ensure that the total amount of aid granted under the de minimis rule does not exceed either the ceiling of EUR 6 000 per beneficiary or the overall ceilings established by the Commission on the basis of the value of agricultural output. To that end, the Member States, when granting a de minimis aid, should inform the undertaking of its de minimis character, receive full information about other de minimis aid received during the previous three years, and carefully check that the de minimis ceilings will not be exceeded by the new de minimis aid. Alternatively, compliance with the ceilings may also be ensured by means of a central register.

| (15) | Regulation (EC) No 1860/2004 is to expire on 31 December 2008. Since this Regulation has to enter into force before that date, the consequences of that as regards its applicability to aid granted to undertakings in the agricultural production sector under Regulation (EC) No 1860/2004 should be clarified. |
| --- | --- |

(15)

Regulation (EC) No 1860/2004 is to expire on 31 December 2008. Since this Regulation has to enter into force before that date, the consequences of that as regards its applicability to aid granted to undertakings in the agricultural production sector under Regulation (EC) No 1860/2004 should be clarified.

| (16) | In the light of the Commission's experience and in particular the frequency with which it is generally necessary to revise State aid policy, the period of validity of this Regulation should be limited. Should this Regulation expire without having been extended, Member States should have an adjustment period of six months with regard to de minimis aid covered by it, |
| --- | --- |

(16)

In the light of the Commission's experience and in particular the frequency with which it is generally necessary to revise State aid policy, the period of validity of this Regulation should be limited. Should this Regulation expire without having been extended, Member States should have an adjustment period of six months with regard to de minimis aid covered by it,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation applies to aid granted to undertakings in the agricultural production sector, with the exception of:

| (a) | aid the amount of which is laid down on the basis of price or quantity of products on the market; |
| --- | --- |

(a)

aid the amount of which is laid down on the basis of price or quantity of products on the market;

| (b) | aid to export-related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity; |
| --- | --- |

(b)

aid to export-related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;

| (c) | aid contingent on the use of domestic over imported goods; |
| --- | --- |

(c)

aid contingent on the use of domestic over imported goods;

| (d) | aid granted to undertakings in difficulty. |
| --- | --- |

(d)

aid granted to undertakings in difficulty.

Article 2

Definitions

For the purpose of this Regulation:

| 1. | ‘undertakings in the agricultural production sector’ means undertakings active in the primary production of agricultural products; |
| --- | --- |

1.

‘undertakings in the agricultural production sector’ means undertakings active in the primary production of agricultural products;

| 2. | ‘agricultural products’ means the products listed in Annex I to the Treaty, except fisheries and acquaculture products covered by Council Regulation (EC) No 104/2000 (9). |
| --- | --- |

2.

‘agricultural products’ means the products listed in Annex I to the Treaty, except fisheries and acquaculture products covered by Council Regulation (EC) No 104/2000 (9).

Article 3

De minimis aid

1.   Aid measures shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore not fall under the notification requirement of Article 88(3) of the Treaty where they fulfil the conditions laid down in paragraphs 2 to 7 of this Article.

2.   The total de minimis aid granted to any one undertaking shall not exceed EUR 6 000 over any period of three years. This ceiling shall apply irrespective of the form of the aid or the objective pursued.

3.   The cumulative amount of de minimis aid granted per Member State to undertakings in the agricultural production sector over any period of three years shall not exceed the value set out in the Annex hereto.

4.   The ceilings in paragraphs 2 and 3 shall be expressed as a cash grant. All figures used shall be gross, that is before any deduction for direct taxation. Where aid is awarded in a form other than a grant, the aid amount to be taken into account shall be the gross grant equivalent of the aid.

5.   Aid payable in several instalments shall be discounted to its value at the moment of its being granted. The interest rate to be used for discounting purposes and to calculate the gross grant equivalent shall be the reference rate applicable at the time of grant.

6.   De minimis aid must be transparent aid. Transparent aid shall be taken to mean aid for which it is possible to calculate precisely in advance the gross grant equivalent as a percentage of eligible expenditure without the need to undertake a risk assessment (for example: grants, interest rate subsidies and capped tax exemptions).

Aid in the form of loans shall be considered transparent aid where the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of the grant.

Aid in the form of capital injections shall not be considered transparent aid unless the total amount of the public capital injection does not exceed the ceiling per beneficiary referred to in paragraph 2.

Aid in the form of risk capital measures shall not be considered transparent aid unless the risk capital scheme concerned only provides capital to each undertaking up to the ceiling per beneficiary referred to in paragraph 2.

7.   De minimis aid shall not be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case.

8.   Where the total amount of aid granted for an aid measure exceeds the ceiling referred to in paragraph 2, none of that amount — not even the fraction not exceeding the ceiling — may benefit from this Regulation. In such cases no aid may be claimed for the measure under this Regulation, either at the time aid is granted or subsequently.

Article 4

Monitoring

1.   Where a Member State intends to grant de minimis aid to an undertaking, it shall inform that undertaking in writing of the prospective amount of the aid (expressed as gross grant equivalent) and of its de minimis character, making express reference to this Regulation and citing its title and publication reference in the Official Journal of the European Union.

The Member State shall obtain a declaration from each beneficiary undertaking demonstrating that the amount of aid received by it does not exceed the maximum amount laid down in Article 3(2). Where that amount is exceeded, the Member State concerned shall ensure that the aid measure leading to the ceiling being exceeded is notified to the Commission or recovered from the beneficiary undertaking.

2.   The Member State shall only grant de minimis aid after having checked that it will not raise the total amount of de minimis aid received by the undertaking during the reference period of three years to a level above the ceiling laid down in Article 3(3).

3.   Where a Member State has set up a central register of de minimis aid containing complete information on all de minimis aid falling within the scope of this Regulation granted by any authority within that Member State, the second subparagraph of paragraph 1 shall not apply once the register covers a period of at least three years.

4.   Member States shall record and compile all the information regarding the application of this Regulation. Such records shall contain all information necessary to demonstrate that the conditions of this Regulation have been complied with.

The information referred to in the first subparagraph shall be kept:

| (a) | in the case of individual de minimis aid, for 10 years from the date on which the aid is granted; |
| --- | --- |

(a)

in the case of individual de minimis aid, for 10 years from the date on which the aid is granted;

| (b) | in the case of de minimis aid schemes, for 10 years from the date on which the last individual aid was granted under the scheme in question. |
| --- | --- |

(b)

in the case of de minimis aid schemes, for 10 years from the date on which the last individual aid was granted under the scheme in question.

5.   On written request the Member States shall provide the Commission, within a period of 20 working days, or such longer period as may be specified in the request, with all the information that the Commission considers necessary for assessing whether the conditions of this Regulation have been complied with, in particular the total amount of de minimis aid received by any undertaking.

Article 5

Repeal

Regulation (EC) No 1860/2004 is repealed with effect from 1 January 2008.

Article 6

Transitional provisions

1.   This Regulation shall apply to aid granted under Regulation (EC) No 1860/2004 to undertakings in the agricultural production sector meeting the requirements of that Regulation, provided that such aid falls within the scope of this Regulation and also meets the requirements laid down in Article 3 of this Regulation. Any aid not meeting the latter requirements shall be assessed by the Commission in accordance with the relevant applicable frameworks, guidelines, communications and notes.

2.   At the end of the period of validity of this Regulation, de minimis aid which fulfils the conditions of this Regulation may continue to be applied under the conditions laid down in this Regulation for a further period of six months.

Article 7

Entry into force and period of validity

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008 until 31 December 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, ...

For the Commission

...

Member of the Commission

ANNEX

Maximum cumulative amounts of de minimis aid granted per Member State to undertakings in the agricultural production sector as referred to in Article 3(3)

| (in EUR) |
| --- |
| BE | 41 148 000 |
| BG | 20 784 000 |
| CZ | 21 738 000 |
| DK | 52 438 000 |
| DE | 264 060 000 |
| EE | 2 838 000 |
| IE | 37 014 000 |
| EL | 72 636 000 |
| ES | 262 800 000 |
| FR | 389 034 000 |
| IT | 274 290 000 |
| CY | 3 570 000 |
| LV | 8 286 000 |
| LT | 4 218 000 |
| LU | 1 668 000 |
| HU | 39 402 000 |
| MT | 738 000 |
| NL | 122 964 000 |
| AT | 34 824 000 |
| PL | 85 698 000 |
| PT | 43 860 000 |
| RO | 81 924 000 |
| SL | 6 624 000 |
| SK | 11 484 000 |
| FI | 25 398 000 |
| SE | 28 668 000 |
| UK | 148 326 000 |

(in EUR)

BE

41 148 000

BG

20 784 000

CZ

21 738 000

DK

52 438 000

DE

264 060 000

EE

2 838 000

IE

37 014 000

EL

72 636 000

ES

262 800 000

FR

389 034 000

IT

274 290 000

CY

3 570 000

LV

8 286 000

LT

4 218 000

LU

1 668 000

HU

39 402 000

MT

738 000

NL

122 964 000

AT

34 824 000

PL

85 698 000

PT

43 860 000

RO

81 924 000

SL

6 624 000

SK

11 484 000

FI

25 398 000

SE

28 668 000

UK

148 326 000

---

(1)  OJ L 142, 14.5.1998, p. 1.

1

(2)  OJ C 151, 5.7.2007, p. 16.

2

(3)  OJ C 68, 6.3.1996, p. 9.

3

(4)  OJ L 10, 13.1.2001, p. 30.

4

(5)  OJ L 325, 28.10.2004, p. 4. Regulation as amended by Regulation (EC) No 1998/2006 (OJ L 379, 28.12.2006, p. 5).

5

(6)  Judgment in Case C-113/00 Spain v Commission [2002] ECR I-7601, paragraph 73.

6

Spain v Commission

(7)  OJ C 194, 18.8.2006, p. 2.

7

(8)  OJ C 244, 1.10.2004, p. 2.

8

(9)  OJ L 17, 21.1.2000, p. 22.

9

---

OTHER ACTS

Commission

| 5.7.2007 | EN | Official Journal of the European Union | C 151/21 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/21

---

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

(2007/C 151/08)

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

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘LINGOT DU NORD’

EC No: FR/PGI/005/0301/18.06.2003

PDO ( ) PGI ( X )

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

1.   Responsible department in the Member State:

| Name: | Institut National des Appellations d'origine |
| --- | --- |
| Address: | 138, Champs Elysées |
| F-75008 Paris |

Name:

Institut National des Appellations d'origine

Address:

138, Champs Elysées

F-75008 Paris

Tel.:

(33-1) 53 89 80 00

Fax:

(33-1) 53 89 80 60

e-mail:

info@inao.gouv.fr

2.   Group:

| Name: | Association Lingot du Nord |
| --- | --- |
| Address: | 21, rue Duhamel Liard |
| F-59660 Merville |

Name:

Association Lingot du Nord

Address:

21, rue Duhamel Liard

F-59660 Merville

Tel.:

(33-3) 28 49 65 32

Fax:

—

e-mail:

lingot-du-nord@wanadoo.fr

Composition:

Producers/processors ( X ) Other ( )

3.   Type of product:

Class 1.6: Fruits, vegetables, cereals, whether or not processed.

4.   Specification:

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

4.1.   Name: ‘Lingot du Nord’

4.2.   Description: Only the following beans may be called ‘Lingot du Nord’: white beans of the lingot variety grown in the Lys Valley, in soil comprising more than 20 % clay (tolerance of 18 %) and dried on ‘perroquets’ (conical wooden frames), threshed and marketed the year they are harvested. These beans have a fine, melt-in-the-mouth texture and do not need to be soaked before cooking.

The seed beans:

are straight, not kidney-shaped, almost cylindrical, often flat at one end

are white to off-white

have a fine, tender skin

have an average length of16 mm, with a range of 6 mm between the shortest and the longest.

They have the following organoleptic characteristics:

Tasting tests comparing ‘Lingot du Nord’ with standard dried white beans have established a preference for ‘Lingot du Nord’ on account of their white colour, fine skin, melt-in-the-mouth, tender texture, typical, non-floury flavour, even size and low incidence of imperfections.

The ‘Lingot du Nord’ is presented to the consumer in string bags, microperforated plastic bags, 250 or 500 g cartons or loose (being delivered in 10, 25 or 50 kg jute sacks). The beans are standard in size, a maximum difference of 6 mm being allowed between the shortest and longest ones. The beans are presented free of soil, without their pods or any under-sized, broken or marked beans, with a tolerance of 0,5 % (by weight).

4.3.   Geographical area: The Lingot du Nord is grown the in the communes in the Lys Valley where the soil comprises ≥ 20 % clay (tolerance down to 18 %). The clay content of the soil gives the Lingot du Nord its melt-it-the-mouth texture.

The seed beans used for the production of Lingots du Nord are grown in the geographical area described below. The Lingots du Nord are harvested in the same geographical area.

List of communes:

4.4.   Proof of origin: After harvesting, the Lingots du Nord are packed into sacks for delivery to a sorting and packing centre. Each sack delivered is identified by a label showing the producer's initials, the plot number and the date of harvest.

After sorting and grading, the Lingots du Nord are packed for sale with a batch number indicating the plot where they were grown, the plot where the seeds were grown and the date on which the product was packed.

Only beans grown during the current year are marketed under PGI. Beans produced in year N are therefore non-PGI in year N + 1.

4.5.   Method of production: Lingots du Nord are grown from certified lingot seed which is produced locally in the same way as the lingots intended for consumption, on plots located in the PGI area, where the soil comprises at least 20 % clay content (tolerance down to 18 %). Fertiliser is applied according to the results of soil analysis and the needs of the plant.

When most of the leaves have fallen, the Lingots du Nord are harvested and put out to dry in the field, on conical wooden frames called ‘perroquets’, for at least 7 days. Once they are dry, they are brought indoors, stored in a dry, airy place, then threshed in traditional threshers called ‘bogueses’, which do not break the beans, or with a flail. They are then sorted and packed.

4.6.   Link:

| — | A special feature: local expertise
  The typical characteristics of the Lingot du Nord are mainly the result of local expertise, applied unchanged for over 100 years. That expertise consists in a traditional drying method in the open air.
  Evidence of this type of drying goes back as far as 1865.
  The method was adopted and above all maintained because it is well suited to the climate of the Lys Valley. This is characterised by low rainfall in August-September, when the beans are put out to dry on the perroquets. In addition, at this time of year the prevailing winds, from the east, north and north-east help the beans to dry.
  The beans are harvested before they are fully ripe, otherwise they would fall from the pods. The structure of the perroquets allows them to ripen fully while they are drying, sheltered from the rain.
  The Lys plain is a region of small farms and mixed farming. Growing Lingots du Nord is a manual operation, not at all mechanised. It is because the farms are family-owned that this tradition has been passed on from one generation to another.
  The lingot has thinner skin than other beans, such as the flageolet. The drying on perroquets, which means the batch is perfectly aired, stops the skin hardening, so it retains its delicate quality. Because their skin is delicate lingots are always threshed in traditional threshers, called ‘bogueses’. These are old corn threshers which have been modified to turn more slowly, so that the beans are not broken, which is what would happen with a combine harvester.
  In conclusion, on the Lys plain it has been possible to retain this traditional type of drying because of the climate and the type of farming practised there. This, and the fact that the beans are consumed the year they are harvested, preserves the delicate quality of the skin of the Lingot du Nord, and its soft, melt-in-the-mouth texture. |
| --- | --- |

—

A special feature: local expertise

The typical characteristics of the Lingot du Nord are mainly the result of local expertise, applied unchanged for over 100 years. That expertise consists in a traditional drying method in the open air.

Evidence of this type of drying goes back as far as 1865.

The method was adopted and above all maintained because it is well suited to the climate of the Lys Valley. This is characterised by low rainfall in August-September, when the beans are put out to dry on the perroquets. In addition, at this time of year the prevailing winds, from the east, north and north-east help the beans to dry.

The beans are harvested before they are fully ripe, otherwise they would fall from the pods. The structure of the perroquets allows them to ripen fully while they are drying, sheltered from the rain.

The Lys plain is a region of small farms and mixed farming. Growing Lingots du Nord is a manual operation, not at all mechanised. It is because the farms are family-owned that this tradition has been passed on from one generation to another.

The lingot has thinner skin than other beans, such as the flageolet. The drying on perroquets, which means the batch is perfectly aired, stops the skin hardening, so it retains its delicate quality. Because their skin is delicate lingots are always threshed in traditional threshers, called ‘bogueses’. These are old corn threshers which have been modified to turn more slowly, so that the beans are not broken, which is what would happen with a combine harvester.

In conclusion, on the Lys plain it has been possible to retain this traditional type of drying because of the climate and the type of farming practised there. This, and the fact that the beans are consumed the year they are harvested, preserves the delicate quality of the skin of the Lingot du Nord, and its soft, melt-in-the-mouth texture.

| — | Special characteristics
  The Lingot du Nord is very well adapted to the soil and weather conditions of the production area.
  The Lys plain is a fertile region. It is a huge depression around the Lys, where the soil has a high clay content. The high clay content determines the taste of the beans, and the fact that they cook well.
  The Lys plain is less wet than the neighbouring Lille area. This low humidity, throughout the year, is good for the development of the beans, which need loose soil, not too dry (which would stop them germinating) or too wet (which would cause them to rot).
  The temperature is fairly regular and mild, not too hot in summer, with moderate temperatures during the day and mild at night because of the cloud cover. There is enough humidity, and drought is very rare. This climate is particularly suitable for the Lingot du Nord, which grows very well on siliceous clay alluvium and does not like heavy rain, especially at the germination stage and when ripening, and needs warmth and moist soil for a good, regular crop.
  Sunshine at the end of the season allows the Lingot to fully ripen in the pod, and to be dried in the traditional way, on perroquets in the open air.
  This is why the Lingot has been grown in this area for over 100 years, from the same locally produced seed, which has adapted perfectly to local soil and weather conditions.
  The seed, carefully produced each year from the previous year's crop, is always threshed separately, just before sowing. It has been observed that freshly threshed seed produces a better crop.
  In conclusion, what makes the Lingot typical of the region is use of a seed perfectly adapted to its soil and weather conditions and traditional cultivation and drying methods, which give it a fine, soft skin, and a soft, melt-in-the-mouth texture. |
| --- | --- |

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Special characteristics

The Lingot du Nord is very well adapted to the soil and weather conditions of the production area.

The Lys plain is a fertile region. It is a huge depression around the Lys, where the soil has a high clay content. The high clay content determines the taste of the beans, and the fact that they cook well.

The Lys plain is less wet than the neighbouring Lille area. This low humidity, throughout the year, is good for the development of the beans, which need loose soil, not too dry (which would stop them germinating) or too wet (which would cause them to rot).

The temperature is fairly regular and mild, not too hot in summer, with moderate temperatures during the day and mild at night because of the cloud cover. There is enough humidity, and drought is very rare. This climate is particularly suitable for the Lingot du Nord, which grows very well on siliceous clay alluvium and does not like heavy rain, especially at the germination stage and when ripening, and needs warmth and moist soil for a good, regular crop.

Sunshine at the end of the season allows the Lingot to fully ripen in the pod, and to be dried in the traditional way, on perroquets in the open air.

This is why the Lingot has been grown in this area for over 100 years, from the same locally produced seed, which has adapted perfectly to local soil and weather conditions.

The seed, carefully produced each year from the previous year's crop, is always threshed separately, just before sowing. It has been observed that freshly threshed seed produces a better crop.

In conclusion, what makes the Lingot typical of the region is use of a seed perfectly adapted to its soil and weather conditions and traditional cultivation and drying methods, which give it a fine, soft skin, and a soft, melt-in-the-mouth texture.

| — | Reputation
  Because of suitable climate and soil conditions, the Lingot du Nord has become a traditional crop in the Merville area. There is evidence they it was grown in the districts of Armentières, Hazebrouck and Merville as far back as 1856. At that time it was the main variety of bean grown in the north. The Lingot du Nord was shown at the Universal Exhibition in 1867. In 1909, 4 400 hectares were planted with Lingots du Nord.
  In 1950, Mr Cassez said that: ‘the Lingot du Nord is the most widely grown bean in the Lys valley’.
  The Lingot du Nord is also used in restaurants in the region, in dishes such as frog ravioli with parsley jus and Lingots du Nord, oxtail with Lingots du Nord or homemade potée with Lingots du Nord.
  Lingots du Nord also feature in the ‘quinzaines de caractère’ [gastronomic fortnights devoted to showcasing typical regional specialities] organised by the Tables Régionales du Nord Pas de Calais.
  Every year an event called ‘Ducasse à Pierrots’ takes place in the town of Saint André lez Lille in the Nord Pas de Calais Region. Lingots du Nord with smoked sausage have been served at this event since the 1920s. |
| --- | --- |

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Reputation

Because of suitable climate and soil conditions, the Lingot du Nord has become a traditional crop in the Merville area. There is evidence they it was grown in the districts of Armentières, Hazebrouck and Merville as far back as 1856. At that time it was the main variety of bean grown in the north. The Lingot du Nord was shown at the Universal Exhibition in 1867. In 1909, 4 400 hectares were planted with Lingots du Nord.

In 1950, Mr Cassez said that: ‘the Lingot du Nord is the most widely grown bean in the Lys valley’.

The Lingot du Nord is also used in restaurants in the region, in dishes such as frog ravioli with parsley jus and Lingots du Nord, oxtail with Lingots du Nord or homemade potée with Lingots du Nord.

Lingots du Nord also feature in the ‘quinzaines de caractère’ [gastronomic fortnights devoted to showcasing typical regional specialities] organised by the Tables Régionales du Nord Pas de Calais.

Every year an event called ‘Ducasse à Pierrots’ takes place in the town of Saint André lez Lille in the Nord Pas de Calais Region. Lingots du Nord with smoked sausage have been served at this event since the 1920s.

4.7.   Inspection body:

| Name: | Qualinorpa |
| --- | --- |
| Address: | 116, rue du Général Leclerc |
| F-59350 Saint André lez Lille |

Name:

Qualinorpa

Address:

116, rue du Général Leclerc

F-59350 Saint André lez Lille

Tel.:

(33-3) 28 38 94 84

Fax:

(33-3) 28 38 90 87

e-mail:

contact@qualinorpa.com

4.8.   Labelling: In accordance with the rules in force, the labels include the product's special characteristics: (‘This year's harvest’, ‘Melt-in-the-mouth texture’, ‘Do not require soaking’.).

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

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Corrigenda

| 5.7.2007 | EN | Official Journal of the European Union | C 151/25 |
| --- | --- | --- | --- |

5.7.2007

EN

Official Journal of the European Union

C 151/25

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

(
  Official Journal of the European Union C 88 of 21 April 2007
  )

(2007/C 151/09)

On page 11, point 4.1:

for:

‘Λουκουμιού Γεροσκήπου’ (‘Loukoumi Geroskipou’),

read:

‘Λουκούμι Γεροσκήπου’ (‘Loukoumi Geroskipou’).

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