# Official Journal C 180/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.180.eng |
| --- | --- |
| Official Journal
  of the European Union | C 180 |
| | |
| English edition | Information and Notices | Volume 5521 June 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.180.eng

Official Journal

of the European Union

C 180

English edition

Information and Notices

Volume 5521 June 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 180/01 | Euro exchange rates | 1 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 180/02 | Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15) | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2012/C 180/03 | Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft decision relating to Case 59120 — Color Line — 8 December 2011 | 3 |
| 2012/C 180/04 | Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft preliminary decision relating to Case 59120 — Color Line — 13 December 2011 (Second meeting) | 4 |
| 2012/C 180/05 | Final report of the Hearing Officer in Case 59120 — Color Line | 5 |
| 2012/C 180/06 | Summary of EFTA Surveillance Authority Decision No 387/11/COL of 14 December 2011 relating to a proceeding under Articles 53 and 54 of the EEA Agreement against Color Group AS and Color Line AS (Case 59120 — Color Line) | 8 |
| 2012/C 180/07 | Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2012 | 11 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 180/01

Euro exchange rates

1

NOTICES FROM MEMBER STATES

2012/C 180/02

Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15)

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2012/C 180/03

Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft decision relating to Case 59120 — Color Line — 8 December 2011

3

2012/C 180/04

Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft preliminary decision relating to Case 59120 — Color Line — 13 December 2011 (Second meeting)

4

2012/C 180/05

Final report of the Hearing Officer in Case 59120 — Color Line

5

2012/C 180/06

Summary of EFTA Surveillance Authority Decision No 387/11/COL of 14 December 2011 relating to a proceeding under Articles 53 and 54 of the EEA Agreement against Color Group AS and Color Line AS (Case 59120 — Color Line)

8

2012/C 180/07

Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2012

11

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2012/C 180/08 | Notice of open competitions | 13 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2012/C 180/09 | Notice of the expiry of certain anti-dumping measures | 14 |
| 2012/C 180/10 | Notice of the impending expiry of certain anti-dumping measures | 15 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 180/11 | Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed | 16 |
| 2012/C 180/12 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 22 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2012/C 180/08

Notice of open competitions

13

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2012/C 180/09

Notice of the expiry of certain anti-dumping measures

14

2012/C 180/10

Notice of the impending expiry of certain anti-dumping measures

15

OTHER ACTS

European Commission

2012/C 180/11

Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed

16

2012/C 180/12

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

22

| | Corrigenda |
| --- | --- |
| 2012/C 180/13 | Corrigendum to notice of open competition 2012/C 168/06 (OJ C 168, 14.6.2012) | 27 |

Corrigenda

2012/C 180/13

Corrigendum to notice of open competition 2012/C 168/06 (OJ C 168, 14.6.2012)

27

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 21.6.2012 | EN | Official Journal of the European Union | C 180/1 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/1

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Euro exchange rates (1)

20 June 2012

2012/C 180/01

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2704 |
| JPY | Japanese yen | 100,24 |
| DKK | Danish krone | 7,4334 |
| GBP | Pound sterling | 0,80600 |
| SEK | Swedish krona | 8,8434 |
| CHF | Swiss franc | 1,2009 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5060 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,453 |
| HUF | Hungarian forint | 286,95 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6968 |
| PLN | Polish zloty | 4,2393 |
| RON | Romanian leu | 4,4636 |
| TRY | Turkish lira | 2,2797 |
| AUD | Australian dollar | 1,2456 |
| CAD | Canadian dollar | 1,2919 |
| HKD | Hong Kong dollar | 9,8569 |
| NZD | New Zealand dollar | 1,5928 |
| SGD | Singapore dollar | 1,6105 |
| KRW | South Korean won | 1 462,35 |
| ZAR | South African rand | 10,4198 |
| CNY | Chinese yuan renminbi | 8,0809 |
| HRK | Croatian kuna | 7,5420 |
| IDR | Indonesian rupiah | 11 997,41 |
| MYR | Malaysian ringgit | 4,0101 |
| PHP | Philippine peso | 53,592 |
| RUB | Russian rouble | 41,3462 |
| THB | Thai baht | 40,018 |
| BRL | Brazilian real | 2,5702 |
| MXN | Mexican peso | 17,3916 |
| INR | Indian rupee | 71,3390 |

Currency

Exchange rate

USD

US dollar

1,2704

JPY

Japanese yen

100,24

DKK

Danish krone

7,4334

GBP

Pound sterling

0,80600

SEK

Swedish krona

8,8434

CHF

Swiss franc

1,2009

ISK

Iceland króna

NOK

Norwegian krone

7,5060

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,453

HUF

Hungarian forint

286,95

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6968

PLN

Polish zloty

4,2393

RON

Romanian leu

4,4636

TRY

Turkish lira

2,2797

AUD

Australian dollar

1,2456

CAD

Canadian dollar

1,2919

HKD

Hong Kong dollar

9,8569

NZD

New Zealand dollar

1,5928

SGD

Singapore dollar

1,6105

KRW

South Korean won

1 462,35

ZAR

South African rand

10,4198

CNY

Chinese yuan renminbi

8,0809

HRK

Croatian kuna

7,5420

IDR

Indonesian rupiah

11 997,41

MYR

Malaysian ringgit

4,0101

PHP

Philippine peso

53,592

RUB

Russian rouble

41,3462

THB

Thai baht

40,018

BRL

Brazilian real

2,5702

MXN

Mexican peso

17,3916

INR

Indian rupee

71,3390

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

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NOTICES FROM MEMBER STATES

| 21.6.2012 | EN | Official Journal of the European Union | C 180/2 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/2

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Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15)

2012/C 180/02

The publication of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a monthly update is available on the website of Directorate-General for Justice, Freedom and Security.

LIECHTENSTEIN

Amendment of the information published in OJ C 247, 13.10.2006

As Liechtenstein does not have a Schengen external border, it has no national service responsible for border control.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 21.6.2012 | EN | Official Journal of the European Union | C 180/3 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/3

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Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft decision relating to Case 59120 — Color Line

8 December 2011

2012/C 180/03

| 1. | The Advisory Committee agrees with the EFTA Surveillance Authority’s definition of the relevant market. |
| --- | --- |

1.

The Advisory Committee agrees with the EFTA Surveillance Authority’s definition of the relevant market.

| 2. | The Advisory Committee agrees with the EFTA Surveillance Authority that from 1 January 1994 to 20 December 2005 the long-term exclusive rights held by Color Line pursuant to the 1991 harbour agreement to use the harbour facilities at Torskholmen in Strömstad had the effect of preventing, restricting or distorting competition within the meaning of Article 53(1) of the EEA Agreement. |
| --- | --- |

2.

The Advisory Committee agrees with the EFTA Surveillance Authority that from 1 January 1994 to 20 December 2005 the long-term exclusive rights held by Color Line pursuant to the 1991 harbour agreement to use the harbour facilities at Torskholmen in Strömstad had the effect of preventing, restricting or distorting competition within the meaning of Article 53(1) of the EEA Agreement.

| 3. | The Advisory Committee agrees with the EFTA Surveillance Authority that Color Line has not shown that the conditions laid down in Article 53(3) of the EEA Agreement are satisfied in this case. |
| --- | --- |

3.

The Advisory Committee agrees with the EFTA Surveillance Authority that Color Line has not shown that the conditions laid down in Article 53(3) of the EEA Agreement are satisfied in this case.

| 4. | The Advisory Committee agrees with the EFTA Surveillance Authority that Color Line was dominant on the relevant market from 1 January 1994 to 20 December 2005. |
| --- | --- |

4.

The Advisory Committee agrees with the EFTA Surveillance Authority that Color Line was dominant on the relevant market from 1 January 1994 to 20 December 2005.

| 5. | The Advisory Committee agrees with the EFTA Surveillance Authority that from 1 January 1994 to 20 December 2005 the long-term exclusive rights held by Color Line pursuant to the 1991 harbour agreement to use the harbour facilities at Torskholmen in Strömstad amounted to an abuse of Color Line’s dominant position within the meaning of Article 54 of the EEA Agreement. |
| --- | --- |

5.

The Advisory Committee agrees with the EFTA Surveillance Authority that from 1 January 1994 to 20 December 2005 the long-term exclusive rights held by Color Line pursuant to the 1991 harbour agreement to use the harbour facilities at Torskholmen in Strömstad amounted to an abuse of Color Line’s dominant position within the meaning of Article 54 of the EEA Agreement.

| 6. | The Advisory Committee agrees that, during the period under examination, the harbour agreement was capable of affecting trade between contracting parties within the meaning of Articles 53 and 54 of the EEA Agreement. |
| --- | --- |

6.

The Advisory Committee agrees that, during the period under examination, the harbour agreement was capable of affecting trade between contracting parties within the meaning of Articles 53 and 54 of the EEA Agreement.

| 7. | The Advisory Committee agrees with the EFTA Surveillance Authority that the proceedings can be concluded by means of a decision pursuant to Article 7(1) and Article 23(2) of Chapter II of Protocol 4 to the Surveillance and Court Agreement. |
| --- | --- |

7.

The Advisory Committee agrees with the EFTA Surveillance Authority that the proceedings can be concluded by means of a decision pursuant to Article 7(1) and Article 23(2) of Chapter II of Protocol 4 to the Surveillance and Court Agreement.

| 8. | The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

8.

The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on the addressees of the draft decision.

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

9.

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

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| 21.6.2012 | EN | Official Journal of the European Union | C 180/4 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/4

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Opinion of the EFTA Advisory Committee on restrictive practices and dominant positions concerning a draft preliminary decision relating to Case 59120 — Color Line

13 December 2011

(Second meeting)

2012/C 180/04

| 1. | The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

1.

The Advisory Committee agrees with the EFTA Surveillance Authority that a fine should be imposed on the addressees of the draft decision.

| 2. | The Advisory Committee agrees with the EFTA Surveillance Authority on the basic amount of the fine. |
| --- | --- |

2.

The Advisory Committee agrees with the EFTA Surveillance Authority on the basic amount of the fine.

| 3. | The Advisory Committee agrees with the EFTA Surveillance Authority that there are no mitigating or aggravating circumstances to be taken into account. |
| --- | --- |

3.

The Advisory Committee agrees with the EFTA Surveillance Authority that there are no mitigating or aggravating circumstances to be taken into account.

| 4. | The Advisory Committee agrees with the EFTA Surveillance Authority on the final amount of the fine. |
| --- | --- |

4.

The Advisory Committee agrees with the EFTA Surveillance Authority on the final amount of the fine.

| 5. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union and the EEA Supplement. |
| --- | --- |

5.

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

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| 21.6.2012 | EN | Official Journal of the European Union | C 180/5 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/5

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Final report of the Hearing Officer in Case 59120 — Color Line

2012/C 180/05

This final report of the Hearing Officer in Case 59120 — Color Line — is submitted pursuant to Article 15 of the EFTA Surveillance Authority Decision No 177/02/COL on the terms of references of Hearing Officers in certain competition proceedings.

The procedure and the draft decision give rise to the following observations.

1.   Introduction to the procedure

On 20 December 2005, Kystlink AS lodged a complaint before the Norwegian Competition Authority concerning harbour agreements entered into by Color Line AS with the municipalities of Strömstad and Sandefjord. The EFTA Surveillance Authority (hereafter ‘the Authority’) was notified of the case on 14 December 2005 by the national competition authority and subsequently the case was taken over by the Authority pursuant to the rules set out in the EFTA network notice (1).

Inspections were carried out at the premises of Color Line AS (hereafter ‘Color Line’), Color Group ASA and O.N. Sunde AS from 4 to 6 April 2006.

2.   The written procedure

2.1.   Statement of objections

A statement of objections (hereafter ‘SO’) was adopted by the Authority on 16 December 2009. The SO was drafted in English but, following a request from Color Line on 17 December 2009, a Norwegian version was prepared and notified to Color Line on 5 February 2010.

Color Line sent its reply to the SO, in Norwegian, on 12 April 2010.

2.2.   Third parties

Two companies requested formal admission to the proceedings as interested third parties. In response to these requests, the Hearing Officers admitted Fjord Line on 9 February 2010 and Bastø Fosen on 18 May 2010. Both third parties received a non-confidential version of the SO and Color Line’s reply to the SO. Both third parties submitted written comments. However, only Bastø Fosen asked to attend the hearing.

2.3.   Access to file

Color Line was granted access to the part of the Authority’s file not containing confidential information on 11 January 2010. After clearing the remaining confidentiality issues, access to the remaining documents was granted by the Competition and State Aid Directorate of the Authority (hereafter ‘the CSA Department’) on 29 January 2010. On 11 March 2010, Color Line sent a reasoned request for further access to file to the Hearing Officers.

The Hearing Officers replied on 26 March 2010, granting full or partial access to most of the requested documents.

An additional reasoned request for access to documents was submitted by Color Line on 21 May 2010. The company requested access to all documents submitted by third parties, as well as the Hearing Officers’ decision to grant third party status to Fjord Line. By letter of 26 May 2010, the Hearing Officers noted that Color Line had already received Fjord Line’s comments to the SO and the reply to the SO on 25 May 2010. The Hearing Officers' also informed Color Line that the remaining correspondence between Fjord Line and the Authority, as well as the decision by the Hearing Officers, did not contain new evidence in the case. Therefore, Color Line had no right to access these documents. Bastø Fosen’s comments to the SO and the reply to the SO were forwarded to Color Line on 4 June 2010 by the CSA Department as they might contain new evidence in the case.

3.   The oral procedure

The oral hearing took place on 14 June 2010. Present during the hearing were the Hearing Officers, representatives from Color Line, the CSA Department, the Legal and Administrative Affairs Department of the Authority and the responsible College Member, as well as representatives from the Commission, the Norwegian and French Competition Authorities and the third party, Bastø Fosen.

The CSA Department outlined its views of the case as set out in the SO. Bastø Fosen also presented its views in a short oral submission. The remaining speaking time was allocated to Color Line, whose representative spoke in Norwegian with a translation in English.

Certain parts of the presentations were closed to the third party, in particular part of the presentation of Color Line’s industrial model, presentation of a customer survey and presentation of economic analysis and success factors for a potential competitor.

Recordings of the hearing were provided to Color Line at its request on 4 May 2011.

4.   Procedure following the hearing

The second Hearing Officer in this case, Ida Hauger, left the Authority in July 2010.

By letter dated 12 January 2011, Color Line requested a state-of-play meeting.

A meeting was held at the Authority’s premises on 15 February 2011.

By e-mail of 6 May 2011, Color Line sent the Authority a position paper setting out its views on the legal issues presented by the Authority in the state-of-play meeting. Color Line presented its paper and its views on the case in a meeting on 11 May 2011 at the Authority’s premises.

5.   The draft decision

The scope of the infringements identified in the draft decision submitted to the Advisory Committee is narrower than in the SO. In addition, the duration of the infringements is shorter and the draft decision is addressed to two undertakings whereas the SO had four addressees.

In the SO, the Authority’s preliminary finding was that the harbour agreements concluded with the municipalities of Strömstad and Sandefjord had the object and effect of preventing, restricting or distorting competition contrary to Article 53(1) of the EEA Agreement and did not satisfy the conditions laid down in Article 53(3) of the EEA Agreement. The Authority also took the preliminary view that Color Line had abused its dominant position on the relevant market. The Authority considered that these infringements had started on 1 January 1994 and were still ongoing. The SO was addressed to Color Line AS, Color Line Transport AS, Color Group ASA and O.N. Sunde AS.

In the draft decision, now addressed to Color Line AS and Color Group AS, the Authority finds that Color Line has infringed Articles 53 and 54 of the EEA Agreement through the long-term exclusive rights it enjoyed pursuant to the harbour agreement contracted with the municipality of Strömstad, from 1 January 1994 until 20 December 2005. With regard to Article 53, the draft decision no longer finds a restriction of competition by object. The draft decision is also addressed to Color Group AS as a result of its decisive influence over its wholly-owned subsidiary Color Line AS from 1 October 1998 until 20 December 2005.

In my opinion, the draft decision only contains objections in respect of which Color Line has been afforded the opportunity of making known its views.

I conclude that Color Line’s right to be heard has been respected in the present case.

6.   Conclusion

I consider that the rights of the addressees to be heard have been duly respected.

Florence SIMONETTI

Hearing Officer

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(1)  Notice on cooperation within the EFTA Network of Competition Authorities, OJ C 227, 21.9.2006, p. 10 and EEA Supplement to the OJ 47, 21.9.2006, p. 1.

1

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| 21.6.2012 | EN | Official Journal of the European Union | C 180/8 |
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21.6.2012

EN

Official Journal of the European Union

C 180/8

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SUMMARY OF EFTA SURVEILLANCE AUTHORITY DECISION

No 387/11/COL

of 14 December 2011

relating to a proceeding under Articles 53 and 54 of the EEA Agreement against Color Group AS and Color Line AS

(Case 59120 — Color Line)

(Only the English and the Norwegian texts are authentic)

2012/C 180/06

1.   Introduction

| 1. | On 14 December 2011, the EFTA Surveillance Authority (the ‘Authority’) adopted a Decision relating to proceedings pursuant to Articles 53 and 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Chapter II of Protocol 4 to the Surveillance and Court Agreement the Authority hereby publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision can be found in the authentic languages of the case on the Authority’s website at:
  http://www.eftasurv.int/competition/competition-cases/ |
| --- | --- |

1.

On 14 December 2011, the EFTA Surveillance Authority (the ‘Authority’) adopted a Decision relating to proceedings pursuant to Articles 53 and 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Chapter II of Protocol 4 to the Surveillance and Court Agreement the Authority hereby publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision can be found in the authentic languages of the case on the Authority’s website at:

http://www.eftasurv.int/competition/competition-cases/

| 2. | The decision is addressed to the ferry companies Color Line AS, for its direct participation in the infringement of Articles 53 and 54 of the EEA Agreement. The decision is also addressed to Color Group AS in its capacity as the parent company of Color Line AS from 1 October 1998 to 20 December 2005. A fine has been imposed for the period from 1 January 1999 to 20 December 2005, for which Color Line AS and Color Group AS are held jointly and severally liable. |
| --- | --- |

2.

The decision is addressed to the ferry companies Color Line AS, for its direct participation in the infringement of Articles 53 and 54 of the EEA Agreement. The decision is also addressed to Color Group AS in its capacity as the parent company of Color Line AS from 1 October 1998 to 20 December 2005. A fine has been imposed for the period from 1 January 1999 to 20 December 2005, for which Color Line AS and Color Group AS are held jointly and severally liable.

2.   Background and procedure

| 3. | A complaint was submitted to the Norwegian Competition Authority on 20 December 2005 by Color Line’s competitor at the time, Kystlink AS. The case was subsequently re-allocated to the Authority pursuant to Article 11 of Chapter II of Protocol 4 to the SCA, and the rules set out in the EFTA network notice (1). |
| --- | --- |

3.

A complaint was submitted to the Norwegian Competition Authority on 20 December 2005 by Color Line’s competitor at the time, Kystlink AS. The case was subsequently re-allocated to the Authority pursuant to Article 11 of Chapter II of Protocol 4 to the SCA, and the rules set out in the EFTA network notice (1).

| 4. | From 4 to 6 April 2006, the Authority carried out inspections at the premises of Color Line AS, Color Group ASA and O.N. Sunde AS (the parent company of Color Group ASA) in Oslo, Norway. |
| --- | --- |

4.

From 4 to 6 April 2006, the Authority carried out inspections at the premises of Color Line AS, Color Group ASA and O.N. Sunde AS (the parent company of Color Group ASA) in Oslo, Norway.

| 5. | On 16 December 2009, the Authority notified a Statement of Objections (SO) to Color Line. The Authority took the preliminary view that: (i) Color Line’s exclusive agreement with the harbour of Strömstad protected Color Line against effective competition in the market for the provision of short-haul passenger ferry services with tax-free sales on routes between ports on the Norwegian coast between Sandefjord and Langesund and ports on the Swedish coast in the Municipality of Strömstad, contrary to Article 53 EEA; and (ii) that by maintaining that agreement in force after the entry into force of the EEA Agreement Color Line had abused its dominant position on that market contrary to Article 54 EEA. |
| --- | --- |

5.

On 16 December 2009, the Authority notified a Statement of Objections (SO) to Color Line. The Authority took the preliminary view that: (i) Color Line’s exclusive agreement with the harbour of Strömstad protected Color Line against effective competition in the market for the provision of short-haul passenger ferry services with tax-free sales on routes between ports on the Norwegian coast between Sandefjord and Langesund and ports on the Swedish coast in the Municipality of Strömstad, contrary to Article 53 EEA; and (ii) that by maintaining that agreement in force after the entry into force of the EEA Agreement Color Line had abused its dominant position on that market contrary to Article 54 EEA.

3.   Color Line

| 6. | Color Group AS is active in the field of transport and tourism, including ferry services. Color Line AS, a wholly owned subsidiary of Color Group AS, was the company responsible (together with its predecessors) for the Group’s ferry operations during the period under examination, including the route at issue between Sandefjord and Strömstad. |
| --- | --- |

6.

Color Group AS is active in the field of transport and tourism, including ferry services. Color Line AS, a wholly owned subsidiary of Color Group AS, was the company responsible (together with its predecessors) for the Group’s ferry operations during the period under examination, including the route at issue between Sandefjord and Strömstad.

| 7. | The route was originally operated by a company called Scandi Line AS. Color Line AS is the direct legal successor of that company. Color Group AS has wholly owned Color Line AS since 30 September 1998. |
| --- | --- |

7.

The route was originally operated by a company called Scandi Line AS. Color Line AS is the direct legal successor of that company. Color Group AS has wholly owned Color Line AS since 30 September 1998.

4.   The harbour agreement

| 8. | Color Line and its predecessors have operated a ferry route from Strömstad to Sandefjord in Norway since 1986. Color Line first entered into an agreement with the Municipality of Strömstad in July 1989. That agreement was replaced by the agreement that is the object of the present decision on 26 March 1991 (the ‘harbour agreement’). The harbour agreement was valid for a period of 15 years (from 1 January 1991 to 30 December 2005). Thereafter, Color Line was entitled to a further 10 year prolongation. |
| --- | --- |

8.

Color Line and its predecessors have operated a ferry route from Strömstad to Sandefjord in Norway since 1986. Color Line first entered into an agreement with the Municipality of Strömstad in July 1989. That agreement was replaced by the agreement that is the object of the present decision on 26 March 1991 (the ‘harbour agreement’). The harbour agreement was valid for a period of 15 years (from 1 January 1991 to 30 December 2005). Thereafter, Color Line was entitled to a further 10 year prolongation.

| 9. | Pursuant to the harbour agreement, the Municipality of Strömstad leased a designated area within the harbour — the area referred to as Torskholmen — to Color Line, including the right to use the ramp and the lining-up area for cars. |
| --- | --- |

9.

Pursuant to the harbour agreement, the Municipality of Strömstad leased a designated area within the harbour — the area referred to as Torskholmen — to Color Line, including the right to use the ramp and the lining-up area for cars.

| 10. | Color Line’s right to exclusive use of Torskholmen was provided for in clause 7 of the harbour agreement, which prevented the Municipality from granting access to Torskholmen to competing ferry activities. |
| --- | --- |

10.

Color Line’s right to exclusive use of Torskholmen was provided for in clause 7 of the harbour agreement, which prevented the Municipality from granting access to Torskholmen to competing ferry activities.

5.   The Sandefjord–Strömstad route

| 11. | The Sandefjord–Strömstad route links the towns of Sandefjord, located in the county of Vestfold in Norway, approximately two hours by car to the south of Oslo on the western side of the Oslofjord, and Strömstad, located on the west coast of Sweden, close to the Norwegian border. |
| --- | --- |

11.

The Sandefjord–Strömstad route links the towns of Sandefjord, located in the county of Vestfold in Norway, approximately two hours by car to the south of Oslo on the western side of the Oslofjord, and Strömstad, located on the west coast of Sweden, close to the Norwegian border.

| 12. | The ferry crossing between Sandefjord and Strömstad takes approximately 2.5 hours. In general, Color Line has operated five sailings a day on the route since 1994, and six in the peak season. A large proportion of passengers bring their car on board the ferry in Sandefjord and drive back to Norway via the border crossing at Svinesund, north of Strömstad. |
| --- | --- |

12.

The ferry crossing between Sandefjord and Strömstad takes approximately 2.5 hours. In general, Color Line has operated five sailings a day on the route since 1994, and six in the peak season. A large proportion of passengers bring their car on board the ferry in Sandefjord and drive back to Norway via the border crossing at Svinesund, north of Strömstad.

| 13. | Tax-free sales on-board Color Line’s ferries are and have been very important to the success of the route. Tax-free sales aboard ferries in Norway require a licence to be granted, and Color Line has had a licence for tax-free sales on the Sandefjord–Strömstad route since 1987. |
| --- | --- |

13.

Tax-free sales on-board Color Line’s ferries are and have been very important to the success of the route. Tax-free sales aboard ferries in Norway require a licence to be granted, and Color Line has had a licence for tax-free sales on the Sandefjord–Strömstad route since 1987.

6.   The relevant market

| 14. | The Authority has defined the relevant product market as the provision of short-haul passenger ferry services with tax-free sales. The geographic scope of the relevant market was likely limited to the provision of such services between ports in the Municipalities of Sandefjord and Strömstad; however, for the purposes of the Decision, the exact definition of the geographic market can remain open since, during the period under examination, Color Line was, in any event, the sole supplier of short-haul passenger ferry services with tax-free sales between Norway and Sweden. |
| --- | --- |

14.

The Authority has defined the relevant product market as the provision of short-haul passenger ferry services with tax-free sales. The geographic scope of the relevant market was likely limited to the provision of such services between ports in the Municipalities of Sandefjord and Strömstad; however, for the purposes of the Decision, the exact definition of the geographic market can remain open since, during the period under examination, Color Line was, in any event, the sole supplier of short-haul passenger ferry services with tax-free sales between Norway and Sweden.

7.   Restriction of competition within the meaning of Article 53(1) EEA

| 15. | The harbour agreement in Strömstad granted access to the Torskholmen area within Strömstad harbour exclusively to Color Line for a period of 25 years (initially 15 years, with an entitlement to extend that period for an additional 10 years). It prevented the Municipality of Strömstad from granting access to Torskholmen to anyone other than Color Line for the whole of that period. |
| --- | --- |

15.

The harbour agreement in Strömstad granted access to the Torskholmen area within Strömstad harbour exclusively to Color Line for a period of 25 years (initially 15 years, with an entitlement to extend that period for an additional 10 years). It prevented the Municipality of Strömstad from granting access to Torskholmen to anyone other than Color Line for the whole of that period.

| 16. | Color Line obtained a right to exclusive use of all available capacity in that strategically located harbour for a period of 25 years, irrespective of whether it would actually use or even need that capacity. The harbour agreement thereby foreclosed the relevant market for a substantial period of time. |
| --- | --- |

16.

Color Line obtained a right to exclusive use of all available capacity in that strategically located harbour for a period of 25 years, irrespective of whether it would actually use or even need that capacity. The harbour agreement thereby foreclosed the relevant market for a substantial period of time.

| 17. | Other barriers to entry included the regime for tax-free sales, Color Line’s first-mover advantage (it had a monopoly on the route from its inception until 2006), and brand loyalty. Color Line had also established itself as an aggressive competitor, willing and able to defend its position and exercise its market power in order to do so. |
| --- | --- |

17.

Other barriers to entry included the regime for tax-free sales, Color Line’s first-mover advantage (it had a monopoly on the route from its inception until 2006), and brand loyalty. Color Line had also established itself as an aggressive competitor, willing and able to defend its position and exercise its market power in order to do so.

| 18. | At least three significant attempts were made during the relevant period by potential competitors to enter the relevant market and compete with Color Line on the Sandefjord to Strömstad route. Two of those attempts were unsuccessful; the third — by Kystlink — succeeded only after the initial period of 15 years’ exclusivity granted under the harbour agreement came to an end and the Municipality refused to grant the 10-year extension to which Color Line had a right under the agreement. The Municipality of Strömstad granted access to Kystlink on 21 December 2005. |
| --- | --- |

18.

At least three significant attempts were made during the relevant period by potential competitors to enter the relevant market and compete with Color Line on the Sandefjord to Strömstad route. Two of those attempts were unsuccessful; the third — by Kystlink — succeeded only after the initial period of 15 years’ exclusivity granted under the harbour agreement came to an end and the Municipality refused to grant the 10-year extension to which Color Line had a right under the agreement. The Municipality of Strömstad granted access to Kystlink on 21 December 2005.

| 19. | A review of possible alternative harbours has shown that for technical, commercial, geographic and regulatory reasons, none of those harbours offered genuine possibilities for new entry within a reasonable time frame to a potential new entrant seeking to compete with Color Line’s route during the period under examination. |
| --- | --- |

19.

A review of possible alternative harbours has shown that for technical, commercial, geographic and regulatory reasons, none of those harbours offered genuine possibilities for new entry within a reasonable time frame to a potential new entrant seeking to compete with Color Line’s route during the period under examination.

| 20. | On the basis of the elements outlined above, the long-term exclusive harbour agreement restricted competition within the meaning of Article 53(1) EEA from the date of entry into force of the EEA Agreement on 1 January 1994 until at least 20 December 2005. |
| --- | --- |

20.

On the basis of the elements outlined above, the long-term exclusive harbour agreement restricted competition within the meaning of Article 53(1) EEA from the date of entry into force of the EEA Agreement on 1 January 1994 until at least 20 December 2005.

8.   Effect on trade

| 21. | International ferry services are by their very nature cross-border. In addition, Color Line’s turnover on the route was significant and increased year-by-year during the relevant period. The number of passengers on the route also increased over the period, reaching 1,2 million passengers in 1999 and essentially remaining at or above that level until 2005. |
| --- | --- |

21.

International ferry services are by their very nature cross-border. In addition, Color Line’s turnover on the route was significant and increased year-by-year during the relevant period. The number of passengers on the route also increased over the period, reaching 1,2 million passengers in 1999 and essentially remaining at or above that level until 2005.

| 22. | In that light, the impact of the harbour agreement on the possibilities for competitors to establish a service in competition with Color Line between Sweden and Norway on the relevant market is sufficient to establish that the harbour agreement was capable of appreciably affecting intra-EEA trade within the meaning of Article 53(1) EEA. |
| --- | --- |

22.

In that light, the impact of the harbour agreement on the possibilities for competitors to establish a service in competition with Color Line between Sweden and Norway on the relevant market is sufficient to establish that the harbour agreement was capable of appreciably affecting intra-EEA trade within the meaning of Article 53(1) EEA.

9.   No justification under Article 53(3) EEA

| 23. | Color Line has claimed that it made substantial upfront investments that led to significant improvements on the Sandefjord–Strömstad route to the benefit of consumers. However, all efficiency gains claimed by Color Line to have been brought about by the long-term exclusive harbour agreement have either been insufficiently substantiated or were, at best, limited in nature. Color Line has failed to show that the benefits of any efficiencies that can be said to have been brought about by its agreement outweigh the harm to consumers resulting from its long-term exclusivity. Furthermore, the duration — 25 years — of the exclusivity enjoyed by Color Line went way beyond what was acceptable and was fundamentally disproportionate to the realisation of any efficiency gains. |
| --- | --- |

23.

Color Line has claimed that it made substantial upfront investments that led to significant improvements on the Sandefjord–Strömstad route to the benefit of consumers. However, all efficiency gains claimed by Color Line to have been brought about by the long-term exclusive harbour agreement have either been insufficiently substantiated or were, at best, limited in nature. Color Line has failed to show that the benefits of any efficiencies that can be said to have been brought about by its agreement outweigh the harm to consumers resulting from its long-term exclusivity. Furthermore, the duration — 25 years — of the exclusivity enjoyed by Color Line went way beyond what was acceptable and was fundamentally disproportionate to the realisation of any efficiency gains.

| 24. | It follows that Color Line has not shown that the conditions in Article 53(3) EEA are fulfilled. |
| --- | --- |

24.

It follows that Color Line has not shown that the conditions in Article 53(3) EEA are fulfilled.

10.   Abuse of a dominant position within the meaning of Article 54 EEA

| 25. | In the period from 1986 until Kystlink entered the market in 2006, Color Line was the sole, that is, the monopoly supplier on the relevant ferry services market, with a market share of 100 %. The company’s customers were mainly individuals with limited or no countervailing buyer power. In addition, the market was characterised by significant barriers to entry, including Color Line’s market position, the brand loyalty of its customers, a lack of viable harbour alternatives and regulatory barriers. For these reasons, Color Line enjoyed a dominant position on the relevant market at least during the period under examination. |
| --- | --- |

25.

In the period from 1986 until Kystlink entered the market in 2006, Color Line was the sole, that is, the monopoly supplier on the relevant ferry services market, with a market share of 100 %. The company’s customers were mainly individuals with limited or no countervailing buyer power. In addition, the market was characterised by significant barriers to entry, including Color Line’s market position, the brand loyalty of its customers, a lack of viable harbour alternatives and regulatory barriers. For these reasons, Color Line enjoyed a dominant position on the relevant market at least during the period under examination.

| 26. | From 1 January 1994 to 20 December 2005 the long-term exclusive rights enjoyed by Color Line pursuant to the harbour agreement to use the harbour facilities at Torskholmen in Strömstad, which foreclosed competition on the relevant market, were, at the very least, capable of restricting competition within the meaning of Article 54 EEA. |
| --- | --- |

26.

From 1 January 1994 to 20 December 2005 the long-term exclusive rights enjoyed by Color Line pursuant to the harbour agreement to use the harbour facilities at Torskholmen in Strömstad, which foreclosed competition on the relevant market, were, at the very least, capable of restricting competition within the meaning of Article 54 EEA.

| 27. | Color Line has not shown that there was any objective justification for relying on that agreement and maintaining its exclusive rights in force from the entry into force of the EEA Agreement on 1 January 1994 until 20 December 2005. Color Line therefore abused its dominant position on the relevant market. |
| --- | --- |

27.

Color Line has not shown that there was any objective justification for relying on that agreement and maintaining its exclusive rights in force from the entry into force of the EEA Agreement on 1 January 1994 until 20 December 2005. Color Line therefore abused its dominant position on the relevant market.

| 28. | International ferry services are by their very nature cross-border, and the relevant market for ferry services in this case forms a substantial part of the common market. In that light, Color Line’s abuse of its dominant position on the relevant market was capable of appreciably affecting intra-EEA trade within the meaning of Article 54 EEA. |
| --- | --- |

28.

International ferry services are by their very nature cross-border, and the relevant market for ferry services in this case forms a substantial part of the common market. In that light, Color Line’s abuse of its dominant position on the relevant market was capable of appreciably affecting intra-EEA trade within the meaning of Article 54 EEA.

11.   Addressees of the decision

| 29. | The decision establishes that Color Line AS and Color Group AS have infringed Articles 53 and 54 of the EEA Agreement through the long-term exclusive rights enjoyed by Color Line AS pursuant to the harbour agreement contracted with the Municipality of Strömstad in 1991, as follows:






  (a) | Color Line AS, by virtue of its direct participation in the infringements, from 1 January 1994 until 20 December 2005; |
| --- | --- | --- |

29.

The decision establishes that Color Line AS and Color Group AS have infringed Articles 53 and 54 of the EEA Agreement through the long-term exclusive rights enjoyed by Color Line AS pursuant to the harbour agreement contracted with the Municipality of Strömstad in 1991, as follows:

(a)

Color Line AS, by virtue of its direct participation in the infringements, from 1 January 1994 until 20 December 2005;

| (b) | Color Group AS, as a result of its decisive influence over its wholly-owned subsidiary Color Line AS, from 1 October 1998 until 20 December 2005. |
| --- | --- |

(b)

Color Group AS, as a result of its decisive influence over its wholly-owned subsidiary Color Line AS, from 1 October 1998 until 20 December 2005.

12.   Fines

| 30. | Pursuant to the Authority’s Guidelines on the method of setting fines (2), the basic amount of the fine is related to a proportion — up to 30 % — of the value of sales in the relevant geographic area within the EEA of the products/services to which the infringement directly or indirectly relates, depending on the degree of gravity of the infringement, multiplied by the number of years of the infringement. |
| --- | --- |

30.

Pursuant to the Authority’s Guidelines on the method of setting fines (2), the basic amount of the fine is related to a proportion — up to 30 % — of the value of sales in the relevant geographic area within the EEA of the products/services to which the infringement directly or indirectly relates, depending on the degree of gravity of the infringement, multiplied by the number of years of the infringement.

| 31. | The Authority normally takes the sales made by the undertaking during the last full business year of its participation in the infringement. In this case that corresponds to Color Line’s turnover on the Sandefjord–Strömstad route in 2004. |
| --- | --- |

31.

The Authority normally takes the sales made by the undertaking during the last full business year of its participation in the infringement. In this case that corresponds to Color Line’s turnover on the Sandefjord–Strömstad route in 2004.

| 32. | In assessing the gravity of the infringement, in order to decide whether the proportion of the value of sales to be considered in a given case should be at the lower end or at the higher end of the scale, the Authority carries out a case-by-case analysis, taking into account all of the relevant circumstances of the case. The Authority has regard to a number of factors, such as the nature of the infringement, the market share of the undertakings concerned and the geographic scope of the infringement. |
| --- | --- |

32.

In assessing the gravity of the infringement, in order to decide whether the proportion of the value of sales to be considered in a given case should be at the lower end or at the higher end of the scale, the Authority carries out a case-by-case analysis, taking into account all of the relevant circumstances of the case. The Authority has regard to a number of factors, such as the nature of the infringement, the market share of the undertakings concerned and the geographic scope of the infringement.

| 33. | In this case, the Authority has concluded that the proportion of the value of sales to be used to establish the basic amount of the fine should be 2,5 %. |
| --- | --- |

33.

In this case, the Authority has concluded that the proportion of the value of sales to be used to establish the basic amount of the fine should be 2,5 %.

| 34. | Although the Authority has identified an infringement of the EEA competition rules from 1 January 1994, in exercising its power to impose fines, the Authority has decided, exceptionally, under the wide margin of discretion that it enjoys in setting fines (3), and in the light of the particularities of the present case, only to impose a fine for the period from 1 January 1999 to 20 December 2005. The period taken into account therefore amounts to seven years. |
| --- | --- |

34.

Although the Authority has identified an infringement of the EEA competition rules from 1 January 1994, in exercising its power to impose fines, the Authority has decided, exceptionally, under the wide margin of discretion that it enjoys in setting fines (3), and in the light of the particularities of the present case, only to impose a fine for the period from 1 January 1999 to 20 December 2005. The period taken into account therefore amounts to seven years.

| 35. | In the light of the above, the basic amount of the fine is fixed at EUR 18,811 million. |
| --- | --- |

35.

In the light of the above, the basic amount of the fine is fixed at EUR 18,811 million.

| 36. | There are no aggravating or mitigating circumstances in this case. |
| --- | --- |

36.

There are no aggravating or mitigating circumstances in this case.

| 37. | The fine does not exceed 10 % of the total turnover of the undertaking participating in the infringement in the business year preceding the decision. |
| --- | --- |

37.

The fine does not exceed 10 % of the total turnover of the undertaking participating in the infringement in the business year preceding the decision.

13.   Decision

| 38. | Color Line AS and Color Group AS have infringed Article 53 and Article 54 of the EEA Agreement through the long-term exclusive rights enjoyed by Color Line AS pursuant to the harbour agreement contracted with the Municipality of Strömstad in 1991, as follows:






  (a) | Color Line AS, by virtue of its direct participation in the infringement, from 1 January 1994 until 20 December 2005; |
| --- | --- | --- |

38.

Color Line AS and Color Group AS have infringed Article 53 and Article 54 of the EEA Agreement through the long-term exclusive rights enjoyed by Color Line AS pursuant to the harbour agreement contracted with the Municipality of Strömstad in 1991, as follows:

(a)

Color Line AS, by virtue of its direct participation in the infringement, from 1 January 1994 until 20 December 2005;

| (b) | Color Group AS, as a result of its decisive influence over its wholly-owned subsidiary Color Line AS, from 1 October 1998 until 20 December 2005. |
| --- | --- |

(b)

Color Group AS, as a result of its decisive influence over its wholly-owned subsidiary Color Line AS, from 1 October 1998 until 20 December 2005.

| 39. | While the Authority, on the basis of the available evidence, has found that the infringement ceased on 20 December 2005, for the avoidance of doubt, the undertakings which remain active in the relevant market and to which the decision is addressed are required to bring the infringement to an end, if they have not already done so, and henceforth to refrain from any act or conduct which might have the same or similar object or effect. |
| --- | --- |

39.

While the Authority, on the basis of the available evidence, has found that the infringement ceased on 20 December 2005, for the avoidance of doubt, the undertakings which remain active in the relevant market and to which the decision is addressed are required to bring the infringement to an end, if they have not already done so, and henceforth to refrain from any act or conduct which might have the same or similar object or effect.

| 40. | For the period from 1 January 1999 to 20 December 2005, a fine of EUR 18,811 million is imposed on Color Line AS and Color Group AS, for which they are jointly and severally liable. |
| --- | --- |

40.

For the period from 1 January 1999 to 20 December 2005, a fine of EUR 18,811 million is imposed on Color Line AS and Color Group AS, for which they are jointly and severally liable.

---

(1)  OJ C 227, 21.9.2006, p. 10 and EEA Supplement to the OJ 47, 21.9.2006, p. 1.

(2)  OJ C 314, 21.12.2006, p. 84 and EEA Supplement to the OJ 63, 21.12.2006, p. 44.

(3)  Guidelines on the method of setting fines, paragraph 37.

---

| 21.6.2012 | EN | Official Journal of the European Union | C 180/11 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/11

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Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2012

2012/C 180/07

The Norwegian Ministry of Petroleum and Energy hereby announces an invitation to apply for petroleum production licences in accordance with Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons, Article 3(2)(a).

Production licences will be awarded to joint stock companies registered in Norway or in another State party to the Agreement on the European Economic Area (the EEA Agreement), or to natural persons domiciled in a State party to the EEA Agreement. The joint stock company shall have a minimum equity share capital of NOK 1 million or an amount equivalent to this in the currency of the country of registration.

Companies which are not presently licensees on the Norwegian Continental Shelf may be awarded production licences if they are prequalified as licensees on the Norwegian Continental Shelf.

Companies submitting individual applications and companies applying as part of a group will be treated on equal terms by the Ministry. Applicants submitting an individual application, or applicants being part of a group submitting a joint application, will all be considered as an applicant for a production licence. The Ministry may, on the basis of applications submitted by groups or individual applicants, determine the composition of the licence groups and appoint the operator for such groups.

The award of a participating interest in a production licence will be subject to the licensees’ entering into an agreement for petroleum activities, including a joint operating agreement and an accounting agreement. If the production licence is stratigrafically divided, the licensees of the two stratigraphically divided licences will also be required to enter into a specific joint operating agreement, regulating the relationship between them in this respect.

Upon signing the said agreements the licensees will form a joint venture in which the size of their participating interest will at all times be identical to their participating interest in the production licence.

The licence documents will mainly be based on relevant documents from the Awards in Predefined Areas 2011. The aim is to make the main elements of any adjustments to the framework available to the industry prior to the time of application.

Criteria for the award of a production licence

To promote good resource management and rapid and efficient exploration for and production of petroleum on the Norwegian Continental Shelf, including the composition of licence groups to ensure this, the following criteria shall apply to the award of participating interests in production licences and to the appointment of operator:

| (a) | the relevant technical expertise of the applicant, including expertise related to development work, research, safety and the environment, and how this expertise may actively contribute to cost-effective exploration and, as appropriate, the production of petroleum from the geographical area in question; |
| --- | --- |

(a)

the relevant technical expertise of the applicant, including expertise related to development work, research, safety and the environment, and how this expertise may actively contribute to cost-effective exploration and, as appropriate, the production of petroleum from the geographical area in question;

| (b) | that the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question; |
| --- | --- |

(b)

that the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question;

| (c) | the applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum; |
| --- | --- |

(c)

the applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum;

| (d) | the applicant's experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas; |
| --- | --- |

(d)

the applicant's experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas;

| (e) | experience regarding the applicant's activities; |
| --- | --- |

(e)

experience regarding the applicant's activities;

| (f) | where applicants apply as part of a group, the composition of the group, the operator recommended and the collective competence of the group will be taken into account; |
| --- | --- |

(f)

where applicants apply as part of a group, the composition of the group, the operator recommended and the collective competence of the group will be taken into account;

| (g) | production licences will mainly be awarded to a joint venture where at least one licensee has drilled at least one well on the Norwegian Continental Shelf as operator or has equivalent relevant operational experience outside the NCS; |
| --- | --- |

(g)

production licences will mainly be awarded to a joint venture where at least one licensee has drilled at least one well on the Norwegian Continental Shelf as operator or has equivalent relevant operational experience outside the NCS;

| (h) | production licences will mainly be awarded to two or more licensees, where at least one has experience as mentioned under (g); |
| --- | --- |

(h)

production licences will mainly be awarded to two or more licensees, where at least one has experience as mentioned under (g);

| (i) | the appointed operator for production licences in the Barents Sea must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS; |
| --- | --- |

(i)

the appointed operator for production licences in the Barents Sea must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS;

| (j) | for production licences in deep waters, both the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production licence, at least one licensee must have drilled in deep waters as operator; |
| --- | --- |

(j)

for production licences in deep waters, both the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production licence, at least one licensee must have drilled in deep waters as operator;

| (k) | for production licences where drilling of exploration wells in high pressure and/or high temperature (HPHT) is expected, the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production licence, one licensee must have drilled a HPHT-well as operator. |
| --- | --- |

(k)

for production licences where drilling of exploration wells in high pressure and/or high temperature (HPHT) is expected, the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production licence, one licensee must have drilled a HPHT-well as operator.

Blocks available for application

The geographical area for which applications may be submitted is the area on the Norwegian Continental Shelf predefined for this licensing round. Applications for participating interests in production licences may be submitted for the blocks that are not licensed within the predefined area, and for blocks or parts of blocks that have been relinquished within the predefined area before the expiry of the deadline for submission of applications.

The full text of the announcement, including detailed maps of available areas, may be found on the web-page of the Norwegian Petroleum Directorate: http://www.npd.no/apa2012, or by contacting the Ministry of Petroleum and Energy, tel. +47 22246209.

Applications for petroleum production licences shall be submitted to:

| Ministry of Petroleum and Energy |
| --- |
| PO Box 8148 Dep. |
| 0033 Oslo |
| NORWAY |

Ministry of Petroleum and Energy

PO Box 8148 Dep.

0033 Oslo

NORWAY

Deadline: 12.00 noon on 6 September 2012.

The awards of petroleum production licences in the Awards in Predefined Areas 2012 on the Norwegian Continental Shelf will take place 90 days after the date of publication of the invitation to submit applications and are planned for end of 2012/early 2013, but no later than 30 January 2013.

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V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 21.6.2012 | EN | Official Journal of the European Union | C 180/13 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/13

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NOTICE OF OPEN COMPETITIONS

2012/C 180/08

The European Personnel Selection Office (EPSO) is organising the following open competitions:

| | EPSO/AD/233/12 — Croatian language (HR) translators (AD 5) |
| --- | --- |

EPSO/AD/233/12 — Croatian language (HR) translators (AD 5)

| | EPSO/AD/234/12 — Interpreters (AD 5/AD 7) for Croatian language (HR) |
| --- | --- |

EPSO/AD/234/12 — Interpreters (AD 5/AD 7) for Croatian language (HR)

| | EPSO/AD/235/12 — Croatian language (HR) lawyer-linguists (AD 7) |
| --- | --- |

EPSO/AD/235/12 — Croatian language (HR) lawyer-linguists (AD 7)

The competition notices are published in Official Journal C 180 A of 21 June 2012 in English, French and German only.

Further details can be found on the EPSO website: http://eu-careers.eu

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 21.6.2012 | EN | Official Journal of the European Union | C 180/14 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/14

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Notice of the expiry of certain anti-dumping measures

2012/C 180/09

Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2).

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Saddles | People's Republic of China | Anti-dumping duty | Council Regulation (EC) No 691/2007 (OJ L 160, 21.6.2007, p. 1) | 22.6.2012 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

Saddles

People's Republic of China

Anti-dumping duty

Council Regulation (EC) No 691/2007 (OJ L 160, 21.6.2007, p. 1)

22.6.2012

---

(1)  OJ C 257, 1.9.2011, p. 7.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.

---

| 21.6.2012 | EN | Official Journal of the European Union | C 180/15 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/15

---

Notice of the impending expiry of certain anti-dumping measures

2012/C 180/10

1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Certain manganese dioxides | South Africa | Anti-dumping duty | Council Regulation (EC) No 221/2008 (OJ L 69, 13.3.2008, p. 1) | 14.3.2013 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

Certain manganese dioxides

South Africa

Anti-dumping duty

Council Regulation (EC) No 221/2008 (OJ L 69, 13.3.2008, p. 1)

14.3.2013

---

(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.

---

OTHER ACTS

European Commission

| 21.6.2012 | EN | Official Journal of the European Union | C 180/16 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/16

---

Publication of an application for registration pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed

2012/C 180/11

This publication confers the right to object to the application pursuant to Article 9 of Council Regulation (EC) No 509/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication.

APPLICATION FOR REGISTRATION AS A TRADITIONAL SPECIALITY GUARANTEED

COUNCIL REGULATION (EC) No 509/2006

‘TEPERTŐS POGÁCSA’

EC No: HU-TSG-0007-0060-27.09.2010

1.   Name and address of the applicant group:

| Name: | Magyar Pékek Fejedelmi Rendje (Principal Order of Hungarian Bakers) |
| --- | --- |
| Address: | Komárom |
| Dunapart u. 1. |
| 2900 |
| MAGYARORSZÁG/HUNGARY |

Name:

Magyar Pékek Fejedelmi Rendje (Principal Order of Hungarian Bakers)

Address:

Komárom

Dunapart u. 1.

2900

MAGYARORSZÁG/HUNGARY

Tel.

+36 302604274

Fax

—

E-mail:

nardaianita@gmail.com

2.   Member State or Third Country:

Hungary

3.   Product specification:

3.1.   Name to be registered:

‘Tepertős pogácsa’

When placing the product on the market the label may contain the following information: ‘produced in accordance with Hungarian traditions’. The information will be translated into other official languages.

3.2.   Whether the name:

|  | is specific in itself |
| --- | --- |
| ☒ | expresses the specific character of the agricultural product or foodstuff |



is specific in itself

☒

expresses the specific character of the agricultural product or foodstuff

The adjective ‘tepertős’ in the denomination describes the ‘tepertő’ (pork crackling) that remains after fat bacon has been fried, which, following chopping, provides in creamy form the characteristic basic material of the round savoury bakery product.

3.3.   Is reservation of the name sought under Article 13(2) of Regulation (EC) No 509/2006?:

|  | Registration with reservation of the name |
| --- | --- |
| ☒ | Registration without reservation of the name |



Registration with reservation of the name

☒

Registration without reservation of the name

3.4.   Type of product:

| Class 2.3 — | Confectionery, bread, pastry, cakes, biscuits and other bakers’ wares |
| --- | --- |

Class 2.3 —

Confectionery, bread, pastry, cakes, biscuits and other bakers’ wares

3.5.   Description of the agricultural product or foodstuff to which the name under point 3.1 applies:

‘Tepertős pogácsa’ is a round, cylindrically shaped savoury bakery product seasoned with salt and pepper, with a diameter of 3-5 cm and weight of 25-50 g. It contains chopped pork crackling and pig fat, it is leavened with yeast and the texture may be short or flaky (‘mille-feuille’ structure). The surface is reddish brown and scored into squares. The underside is flat and reddish brown. It contains the pieces of pork crackling evenly distributed. The short variety may be broken into pieces, while the flaky variety has a loose, multi-layered structure. It tastes of roasted pork cracklings and has a pleasantly salty, mildly peppered flavour. The fat content, by weight, in the dry matter is 20-30 % and the product contains 25-40 % pork cracklings by weight, in the flour. At least 60 % of the fat content comes from the pork cracklings.

Organoleptic characteristics

| | Short ‘tepertős pogácsa’ | Flaky ‘tepertős pogácsa’ |
| --- | --- | --- |
| Shape | Round, evenly cylindrical | Round cylindrical, may ‘tilt’ slightly |
| Crust | The top is shiny, reddish brown and densely scored with squares. The side is sand coloured and mat and the bottom is reddish brown and mat. |
| Internal structure | Short texture but not crumbly. The crackling pieces are evenly distributed and are slightly brownish in colour. | Mille-feuille structure, the layers can be separated and the pieces of the crackling are visible within the layers, slightly brownish in colour. |
| Taste | Characteristic of the crackling, it has a pleasantly salty, mildly peppered taste. |
| Aroma | Characteristic of the crackling and the pig fat, peppery. |

Short ‘tepertős pogácsa’

Flaky ‘tepertős pogácsa’

Shape

Round, evenly cylindrical

Round cylindrical, may ‘tilt’ slightly

Crust

The top is shiny, reddish brown and densely scored with squares. The side is sand coloured and mat and the bottom is reddish brown and mat.

Internal structure

Short texture but not crumbly. The crackling pieces are evenly distributed and are slightly brownish in colour.

Mille-feuille structure, the layers can be separated and the pieces of the crackling are visible within the layers, slightly brownish in colour.

Taste

Characteristic of the crackling, it has a pleasantly salty, mildly peppered taste.

Aroma

Characteristic of the crackling and the pig fat, peppery.

Physical and chemical characteristics

| — | Fat content: the fat content of the finished product by weight in the dry matter is 20-30 % (m/m) |
| --- | --- |

—

Fat content: the fat content of the finished product by weight in the dry matter is 20-30 % (m/m)

| — | Salt content: the salt content of the product by weight in the dry matter is maximum 4,0 % (m/m) |
| --- | --- |

—

Salt content: the salt content of the product by weight in the dry matter is maximum 4,0 % (m/m)

3.6.   Description of the production method for the agricultural product or foodstuff to which the name under 3.1 applies:

Starting materials

For the crackling cream:

| — | Pork crackling without the skin: 70-75 % of the crackling cream, the fried piece of lard remaining after the fat bacon with little or no meat has been fried. |
| --- | --- |

—

Pork crackling without the skin: 70-75 % of the crackling cream, the fried piece of lard remaining after the fat bacon with little or no meat has been fried.

| — | Pig fat: 25-30 % of the crackling cream, the fat remaining after the fat bacon with little or no meat has been fried. |
| --- | --- |

—

Pig fat: 25-30 % of the crackling cream, the fat remaining after the fat bacon with little or no meat has been fried.

Preparation of the dough: wheat flour (BL55 or BL80) or spelt flour, egg, egg yolk, milk, yeast, white wine or vinegar, sour cream, salt and pepper.

It is forbidden to use any kind of food additives (e.g. raising agents or preservatives) to prepare ‘tepertős pogácsa’.

Method of production:

Depending on the method of production, the ‘tepertős pogácsa’ may be the flaky or the short variety.

Production of short ‘tepertős pogácsa’

Phase I:   preparation of the crackling cream

The fresh, skinless cracklings are flattened with a rolling-pin until no big or coarse pieces remain and the roasted pieces are evenly distributed in the cream. The crackling may be minced with a meat mincer, in which case the finest setting must be used.

The cream and the pig fat are mixed with a wooden spoon or mixer. An important requirement is that no additives, preservatives, goose crackling, vegetable fat or margarine may be used to prepare the crackling cream, only fresh, skinless cracklings.

Crackling cream produced industrially must also meet the requirements on crackling cream.

Phase II:   preparation of the dough

250-400 grams of crackling cream are rubbed into each kilogram of wheat flour to form an even mixture. The crackling cream must cover the flour particles, which is an essential condition for the short texture. All ingredients, that is flour mixed with the crackling cream, 5 % yeast activated in milk for each kilogram of flour, one egg, one egg yolk, 0,02 % white wine or vinegar, 2,5 % salt, 0,001 % ground pepper and enough sour cream to obtain a relatively hard dough, are kneaded together. Kneading is continued until the dough binds together. The required short texture will not be achieved if the dough is over-kneaded.

Because of the high fat content of the product, the dough is made from cold ingredients and it must rest in a cool place until the dough’s internal temperature reaches 26 °C. The nature of the product also allows the dough to be put into a refrigerator at + 5-+ 8 °C and left for at least three hours.

The risen and cooled dough is rolled out in a finger-thick layer and the top is scored with dense perpendicular lines. This may be done with knives assembled together at a distance of 3 mm from each other. The scones are cut out with a scone form of 3-6 cm diameter. The scone shapes should be even and, as far as absolutely possible, cylindrical. The final shape is reached by rolling the dough with the palm heel. The number of scones necessary to fill the oven tray are placed close to each other on the board and are brushed with beaten egg, without allowing it to run down the sides. When the egg has dried on the surface the scones are placed, evenly spaced, on the tray. The shapeless pieces can be kneaded together a maximum of twice with as little contact as possible and, after letting the dough rest, they may be used later.

The scones are left to rise for 50-55 minutes, then baked in a hot oven at 220-240 °C for 12-15 minutes.

The scones are sold without packing (loose) or pre-packed.

Production of flaky ‘tepertős pogácsa’

Phase I:   preparation of the crackling cream

The preparation of the crackling cream is similar to that used for the short variety, the only difference being that, in addition to fat and skinless pork crackling, 1,5 % salt (by weight of the flour) and finely ground pepper (0,001 % by weight of the flour) is added. Salt is added at this stage because, if the amount of salt necessary for the characteristically salty taste of the scones was added only when preparing the dough, the dough would break up and the ‘mille-feuille’ structure would not develop.

In this case, of the quantity of fat indicated for the preparation of the crackling cream, 50 %, i.e. half, is added to the crackling cream and the other half to the dough.

Phase II:   preparation of the dough

The so-called basic dough is prepared with the fat set aside when the crackling cream is prepared, salt (approximately 1 % by weight of the flour), 5 % yeast activated in milk for each kilogram of flour, 0,02 % white wine or vinegar, possibly one egg, one egg yolk and enough sour cream to obtain an unyielding dough of medium elasticity, which is easy to roll out.

Keeping the ingredients and the crackling cream at a low temperature is important for this variety so that the crackling cream can separate the dough layers during folding. The fat between the thinly rolled cold dough layers melts during baking and prevents the dough layers from sticking. In the meantime, the water content of the dough and the fat transforms into steam and pushes the layers apart, so that the product can be divided into layers (feuilles) once baked.

The ‘mille-feuille’ structure may be achieved in two ways.

| (a) | The crackling cream is smeared evenly on the thinly rolled-out dough, then the dough is rolled up starting from one end. This roll is left to rest for 15-30 minutes, then rolled out once again and rolled up at 90 degrees to the previous rolling. If this rotation is not respected, the scones will tilt when baking. |
| --- | --- |

(a)

The crackling cream is smeared evenly on the thinly rolled-out dough, then the dough is rolled up starting from one end. This roll is left to rest for 15-30 minutes, then rolled out once again and rolled up at 90 degrees to the previous rolling. If this rotation is not respected, the scones will tilt when baking.

| (b) | The ripe basic dough is rolled out thinly, and the crackling mixture is smeared on the exposed parts as many times as the dough is folded. In this case it is not rolled up, but folded (at least three times). |
| --- | --- |

(b)

The ripe basic dough is rolled out thinly, and the crackling mixture is smeared on the exposed parts as many times as the dough is folded. In this case it is not rolled up, but folded (at least three times).

Before the final roll-out the dough is allowed to rest for at least 15 minutes, then it is rolled out in one finger-thick layer (1-2 cm), the top is scored densely with perpendicular lines, and the scones are cut with a scone form of 3-6 cm diameter. The scones necessary to fill the tray are placed close to each other on the board and are brushed with beaten egg with the help of a brush, without allowing the egg to run down the sides of the cylinders.

When the egg has dried on the surface, the scones are placed, evenly spaced, on the baking tray. They are then left to rise for 40-45 minutes and are baked in a hot oven at 220-240 °C for 8-10 minutes.

The scones are sold without packing (loose) or pre-packed.

3.7.   Specific character of the agricultural product or foodstuff:

The unique characteristics of ‘tepertős pogácsa’ are ensured by the following:

| — | basic material of pork crackling and pork fat, |
| --- | --- |

—

basic material of pork crackling and pork fat,

| — | the special technique of dough preparation, |
| --- | --- |

—

the special technique of dough preparation,

| — | physical, chemical and organoleptic characteristics. |
| --- | --- |

—

physical, chemical and organoleptic characteristics.

The basic material, pork crackling, providing the characteristic

The typical characteristics of ‘tepertős pogácsa’ are ensured by the crackling remaining from frying fat bacon containing little or no meat. Cracklings contain 12-13 % protein and 82-84 % fat; 60 % of the product’s fat content originates from the crackling.

The special technique of dough preparation

In addition to the short dough, using cracklings enables the production of special, ‘mille-feuille’ textured dough, while the high fat content requires the special preparation of a cold dough of 24-26 °C.

Physical, chemical and organoleptic characteristics

Due to the fat content of 20-30 % achieved by using the pork crackling and fat, the nutritive value of ‘tepertős pogácsa’ is higher, it dries more slowly and has a longer shelf-life than products in the same category.

3.8.   Traditional character of the agricultural product or foodstuff:

The word ‘pogácsa’ (scone) was first used around 1395, and originally meant a girdle-cake-bread baked in ash and embers. In Hungarian folk tales it became popular as ‘hamuban sült pogácsa’ (scones baked in ash). Until the 18th century, the word used for the girdle-cake-bread eaten as bread was scone-bread. The current, smaller, cylindrical, cut variety became popular in Hungary in the late Middle Ages. It was the most popular bakery product of Hungarian peasant cuisine and was made in several varieties, and its popularity has not faded ever since.

Two conditions enabled the development of ‘tepertős pogácsa’: frying fat from bacon became a common activity and crackling became an everyday food. According to a description of a middle-ranking noble family of the 1770s, frying bacon and making cracklings became part of the household of noblemen from the 18th century. This is supported by the fact that, according to the property inventory of noble families, fat/lard firkins started to appear in the Great Plain from the 18th century. (Cegléd 1850-1900. Ceglédi Kossuth Múzeum kiadása (Publication of Cegléd Kossuth Museum) Cegléd, 1988, pp. 28, 30 Szűcs.) We can assume that the tradition of frying fat and the use of pig fat as everyday nourishment by peasants and in popular pig processing started to spread from the (mid-)19th century on the basis of the fact that fat/lard firkins were already listed in the peasant registries of the area between the Danube and Tisza rivers in the 1850s.

According to oral ethnographic data from the turn of the 19th-20th century, crackling was used for making soap by peasant households in the Central Tisza region, and consumption developed gradually. After pig slaughter, scones were usually baked with fresh, small, skinless cracklings. An ethnographic summary of the 1930s refers to scones as being made of unleavened and leavened dough, flavoured — among other ingredients — with cracklings ((Bátky Zs.: Táplálkozás. (Nourishment) In: A magyarság néprajza. (Etnography of the Hungarians) Budapest, 1933, p. 100). Therefore we can say that adding cracklings to leavened dough became common at the beginning of the 20th century.

To this day, ‘Tepertős pogácsa’ plays an important role in everyday cooking. It is served as a second dish with main course soups (goulash, bean soup) and offered to guests at meetings and conferences. It is also a popular choice among housewives, especially to mark family events (weddings, christenings) or feasts such as Christmas and Easter, and is often served as a savoury snack to accompany wine in agri-tourism. (Hagyományok Ízek Régiók, I. kötet (Traditional Tastes Regions, Vol. I, pp. 145-147.)

Several recipe books have proved its reputation from the 1880s to this day. Dobos C. József: Magyar-Franczia szakácskönyv (Hungarian-French cookery book) pp. 784-785, 1881; Rozsnyai Károly: Legújabb nagy házi cukrászat (Latest great domestic confectionery) p. 350, 1905; Kincses Váncza receptkönyv (Kincses Váncza recipe book) p. 21, 1920; Az Új idők második receptkönyve (Second recipe book of new times) p. 182, 1934; Hajdú Ernőné: Jaj, mit főzzek (What shall I cook?) p. 73, 1941; Rudnay János: A magyar cukrászat remekei (Masterpieces of Hungarian confectionery) p. 89, 1973.

3.9.   Minimum requirements and procedures to check the specific character:

| Special characteristics | Minimum requirements | Verification method and frequency |
| --- | --- | --- |
| fat content | — | 20-30 %, by weight in the dry matter |

Special characteristics

Minimum requirements

Verification method and frequency

fat content

—

20-30 %, by weight in the dry matter

| — | only pig fat may be used |
| --- | --- |

—

only pig fat may be used

In accordance with the product description in point 3.5, in a laboratory once every six months.

crackling (cream)

| — | the use of pork crackling |
| --- | --- |

—

the use of pork crackling

| — | the use of crackling without skin |
| --- | --- |

—

the use of crackling without skin

On the basis of product documentation or product sheet, documented according to lots.

ingredients

| — | in accordance with the product description in point 3.6 (pork crackling, pig fat, wheat flour, egg, egg yolk, milk, yeast, white wine or vinegar, sour cream, salt and pepper). |
| --- | --- |

—

in accordance with the product description in point 3.6 (pork crackling, pig fat, wheat flour, egg, egg yolk, milk, yeast, white wine or vinegar, sour cream, salt and pepper).

On the basis of product documentation or product sheet, documented according to lots.

organoleptic characteristics of the product (content, taste and aroma)

| — | short or flaky ‘mille-feuille’ texture |
| --- | --- |

—

short or flaky ‘mille-feuille’ texture

| — | taste and aroma characteristic of the crackling and mildly peppered |
| --- | --- |

—

taste and aroma characteristic of the crackling and mildly peppered

Organoleptic test every shift.

4.   Authorities or bodies verifying compliance with the product specification:

4.1.   Name and address:

| Name: | Mezőgazdasági Szakigazgatási Hivatal Központ, Élelmiszer- és Takarmánybiztonsági Igazgatóság (Central Agriculture Administration Office, Food and Feed Safety Directorate) |
| --- | --- |
| Address: | Budapest |
| Mester u. 81. |
| 1095 |
| MAGYARORSZÁG/HUNGARY |

Name:

Mezőgazdasági Szakigazgatási Hivatal Központ, Élelmiszer- és Takarmánybiztonsági Igazgatóság (Central Agriculture Administration Office, Food and Feed Safety Directorate)

Address:

Budapest

Mester u. 81.

1095

MAGYARORSZÁG/HUNGARY

Tel.

+36 4563010

Fax

—

E-mail:

oevi@oai.hu

| ☒ public |  private |
| --- | --- |

☒ public

 private

4.2.   Specific tasks of the authority or body:

The verifying authority checks whether the product complies with the requirements set out in the product specification.

---

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

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| 21.6.2012 | EN | Official Journal of the European Union | C 180/22 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/22

---

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

2012/C 180/12

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 of the date of this publication.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘FIN GRAS’/‘FIN GRAS DU MÉZENC’

EC No: FR-PDO-0005-0545-30.03.2006

PGI ( ) PDO ( X )

1.   Name:

‘Fin gras’/‘Fin gras du Mézenc’

2.   Member State or Third Country:

France

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

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

Class: 1.1 —

Fresh meat (and offal).

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

The ‘Fin gras’ or ‘Fin gras du Mézenc’ designation of origin may only be used for beef obtained from heifers at least 24 months old, or from castrated males at least 30 months old.

It is a seasonal product. The animals are slaughtered from 1 February to 31 May inclusive, having been slowly fattened in cowsheds during the winter, mainly using hay.

The animals are rigorously sorted at different stages of their lives, in particular before and at the end of the fattening period, based on criteria linked to the development of their skeleton and muscles, their fat cover measured by use of pressure, their functional abilities and overall appearance.

The characteristics of the carcasses and of the meat stem from a long and progressive fattening period using Mézenc hay and to the rigorous sorting of the animals at different stages of their lives.

The carcasses must have the following features:

| — | conformation class E, U or R and fat class 2, 3 or 4 according to the EUROP Community scale for the classification of carcasses of adult bovine animals, |
| --- | --- |

—

conformation class E, U or R and fat class 2, 3 or 4 according to the EUROP Community scale for the classification of carcasses of adult bovine animals,

| — | weight for tax purposes (or cold weight): at least 280 kg for heifers and at least 320 kg for bulls, |
| --- | --- |

—

weight for tax purposes (or cold weight): at least 280 kg for heifers and at least 320 kg for bulls,

| — | waxy to slightly covered in fat, without localised fat deposits, |
| --- | --- |

—

waxy to slightly covered in fat, without localised fat deposits,

| — | white to creamy white cover fat. |
| --- | --- |

—

white to creamy white cover fat.

The meat is bright red to red-purple in colour. It is marbled (in other words, it has intramuscular fat deposits). The meat should be served chilled, except for thawed chilled meat.

The meat is tender to very tender, smooth and juicy with an intensive and long-lasting taste, varying slightly depending on whether it is served raw, stewed or grilled.

The meat is cut for retail sale when sold to the end consumer.

3.3.   Raw materials (for processed products only):

Not applicable

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

The cattle are reared on the basis of what is essentially a grazing system, implying a limited stocking rate on the farm and no less than 70 acres of hay and grazing meadows per animal.

The rearing method entails yearly alternations between grazing and the cowsheds, thus exploiting the potential of the natural environment which is characterised by long, harsh winters. The animals are out to pasture from at least 21 June to 21 September. They use natural pastures as well as second hay crops in hay meadows. They are kept in cowsheds from at least 30 November to 30 March. They are given as much hay as they want during this period.

The staple feed of the animals is constituted exclusively of pasture grass or hay.

The hay and grazing meadows used for feeding the animals are located in the geographical area and contain exclusively natural flora found specifically in Mézenc. The meadows are maintained regularly and are fertilised in such a way as to preserve their floral diversity. The hay, which is taken only from the first mowing, is dried in the meadows and stored separately from other types of hay which may be present on the farm.

During the fattening period, the animals are fed mainly on hay selected by the farmer on the basis of its quality. The animals are fed individually using troughs. The hay used during the fattening period must be distributed at least four times a day and rank patches are removed. A plant-based food supplement, added in limited quantities, can be used in order to balance out the feed. It is made up of four raw materials including at least two cereals and has a stable nutritional value. No more than 700 g of food supplement per 100 kg of live animal weight can be used.

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

Birth, rearing, fattening, slaughter.

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

Not applicable

3.7.   Specific rules concerning labelling:

Up until they reach the final distributor, the carcass and resulting cuts bear a label indicating at least the following:

| — | the designation, |
| --- | --- |

—

the designation,

| — | the PDO logo of the European Union, |
| --- | --- |

—

the PDO logo of the European Union,

| — | the animal’s national identification number or the slaughterhouse number, |
| --- | --- |

—

the animal’s national identification number or the slaughterhouse number,

| — | the farmer’s farm number, |
| --- | --- |

—

the farmer’s farm number,

| — | the name and address of the slaughterhouse and its authorisation number, |
| --- | --- |

—

the name and address of the slaughterhouse and its authorisation number,

| — | the date of slaughter, |
| --- | --- |

—

the date of slaughter,

| — | for meats for grilling or roasting, with the exception of the thin skirt, thick skirt and fillet, the words ‘the maturing time between the animals’ slaughter date and the date of retail sale to the final consumer is at least 10 full days'. |
| --- | --- |

—

for meats for grilling or roasting, with the exception of the thin skirt, thick skirt and fillet, the words ‘the maturing time between the animals’ slaughter date and the date of retail sale to the final consumer is at least 10 full days'.

4.   Concise definition of the geographical area:

The geographical area comprises the following cantons and municipalities:

| | Department of Ardèche; |
| --- | --- |

Department of Ardèche;

| | Canton of Antraigues-sur-Volane: in its entirety; |
| --- | --- |

Canton of Antraigues-sur-Volane: in its entirety;

| | Canton of Aubenas: municipalities of Aubenas and Mercuer; |
| --- | --- |

Canton of Aubenas: municipalities of Aubenas and Mercuer;

| | Canton of Burzet: municipalities of Burzet, Péreyres, Sagnes-et-Goudoulet, Sainte-Eulalie; |
| --- | --- |

Canton of Burzet: municipalities of Burzet, Péreyres, Sagnes-et-Goudoulet, Sainte-Eulalie;

| | Canton of Le Cheylard: municipalities of Le Chambon, Saint-Andéol-de-Fourchades; |
| --- | --- |

Canton of Le Cheylard: municipalities of Le Chambon, Saint-Andéol-de-Fourchades;

| | Canton of Coucouron: municipalities of Issanlas, Issarlès, Le Lac-d'Issarlès, Lanarce, Lavillatte, Lespéron; |
| --- | --- |

Canton of Coucouron: municipalities of Issanlas, Issarlès, Le Lac-d'Issarlès, Lanarce, Lavillatte, Lespéron;

| | Canton of Montpezat-sous-Bauzon: in its entirety; |
| --- | --- |

Canton of Montpezat-sous-Bauzon: in its entirety;

| | Canton of Privas: municipalities of Ajoux, Gourdon, Pourchères, Privas, Saint-Priest, Veyras; |
| --- | --- |

Canton of Privas: municipalities of Ajoux, Gourdon, Pourchères, Privas, Saint-Priest, Veyras;

| | Canton of Saint-Agrève: municipality of Mars; |
| --- | --- |

Canton of Saint-Agrève: municipality of Mars;

| | Canton of Saint- Etienne-de-Lugdarès: municipalities of Le Plagnal, Saint-Alban-en-Montagne; |
| --- | --- |

Canton of Saint- Etienne-de-Lugdarès: municipalities of Le Plagnal, Saint-Alban-en-Montagne;

| | Canton of Saint-Martin-de-Valamas: municipalities of Borée, La Rochette, Saint-Clément, Saint-Martial; |
| --- | --- |

Canton of Saint-Martin-de-Valamas: municipalities of Borée, La Rochette, Saint-Clément, Saint-Martial;

| | Canton of Saint-Pierreville: municipalities of Issamoulenc, Marcols-les-Eaux, Saint-Julien-du-Gua; |
| --- | --- |

Canton of Saint-Pierreville: municipalities of Issamoulenc, Marcols-les-Eaux, Saint-Julien-du-Gua;

| | Canton of Thueyts: municipality of Astet; |
| --- | --- |

Canton of Thueyts: municipality of Astet;

| | Canton of Vals-les-Bains: municipalities of Labégude, Saint-Julien-du-Serre, Ucel, Vals-les-Bains; |
| --- | --- |

Canton of Vals-les-Bains: municipalities of Labégude, Saint-Julien-du-Serre, Ucel, Vals-les-Bains;

| | Department of Haute-Loire; |
| --- | --- |

Department of Haute-Loire;

| | Canton of Fay-sur-Lignon: in its entirety; |
| --- | --- |

Canton of Fay-sur-Lignon: in its entirety;

| | Canton of Le Monastier-sur-Gazeille: municipalities of Freycenet-la-Cuche, Freycenet-la-Tour, Laussonne, Le Monastier-sur-Gazeille, Moudeyres, Présailles; |
| --- | --- |

Canton of Le Monastier-sur-Gazeille: municipalities of Freycenet-la-Cuche, Freycenet-la-Tour, Laussonne, Le Monastier-sur-Gazeille, Moudeyres, Présailles;

| | Canton of Le Puy-en-Velay: municipalities of Le Puy-en-Velay, Vals-près-le-Puy; |
| --- | --- |

Canton of Le Puy-en-Velay: municipalities of Le Puy-en-Velay, Vals-près-le-Puy;

| | Canton of Le Puy-en-Velay (North): municipalities of Aiguilhe, Chadrac, Le Monteil, Polignac; |
| --- | --- |

Canton of Le Puy-en-Velay (North): municipalities of Aiguilhe, Chadrac, Le Monteil, Polignac;

| | Canton of Le Puy-en-Velay (East): municipalities of Brives-Charensac, Saint-Germain-Laprade; |
| --- | --- |

Canton of Le Puy-en-Velay (East): municipalities of Brives-Charensac, Saint-Germain-Laprade;

| | Canton of Le Puy-en-Velay (West): municipality of Espaly-Saint-Marcel; |
| --- | --- |

Canton of Le Puy-en-Velay (West): municipality of Espaly-Saint-Marcel;

| | Canton of Le Puy-en-Velay (South-East): municipalities of Arsac-en-Velay, Coubon; |
| --- | --- |

Canton of Le Puy-en-Velay (South-East): municipalities of Arsac-en-Velay, Coubon;

| | Canton of Saint-Julien-Chapteuil: municipalities of Lantriac, Montusclat, Queyrières, Saint-Julien-Chapteuil, Saint-Pierre-Eynac; |
| --- | --- |

Canton of Saint-Julien-Chapteuil: municipalities of Lantriac, Montusclat, Queyrières, Saint-Julien-Chapteuil, Saint-Pierre-Eynac;

| | Canton of Tence: municipality of Mazet-Saint-Voy; |
| --- | --- |

Canton of Tence: municipality of Mazet-Saint-Voy;

| | Canton of Yssingeaux: municipalities of Araules, Yssingeaux; |
| --- | --- |

Canton of Yssingeaux: municipalities of Araules, Yssingeaux;

| | Department of Lozère; |
| --- | --- |

Department of Lozère;

| | Canton of Langogne: municipality of Langogne. |
| --- | --- |

Canton of Langogne: municipality of Langogne.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The geographical area is located on the eastern border of the Massif Central, not far from Puy en Velay, and is concentrated on the Mézenc plateau.

Cattle farming in the area is influenced by the Mézenc plateau where specific rearing and fattening practices have developed with the use of pastures and hay found at altitudes of 1 100 m to 1 500 m. The area is also characterised by a number of local practices linked to the consumption of ‘Fin gras’ and its sale in traditional butcher's shops, the slaughtering method and the transportation of the animals to the slaughterhouses, accompanied by the farmers.

In geological terms, the uplands are consistently hilly due to former volcanic activity, with deep and slightly acidic soils.

The climate is continental with Mediterranean influences. High temperatures, as well as a lack of water, prevail at the end of June and throughout July, which is thus an ideal time for haymaking in the meadows of the Mézenc Massif. These natural conditions contribute to the development of varied and distinctive flora on the Massif and to haymaking at an unusual altitude.

Mézenc pastures are renowned for their quality since the 18th century. In 1995 a ‘floral inventory of the hay and grazing meadows in Mézenc’ was compiled revealing remarkably varied flora, typical of fresh mountain climates (Violet, Bistort, Spignel, Sudeten Meadow-Grass). Analysis of Mézenc hay has clearly confirmed its nutritive value which is well above the average for mountain hay set by the INRA (National Institute for Agricultural Research). Spignel (Meum Athamanticum Jacq.), locally known as ‘Cistre’, is emblematic of the hay meadows of Mézenc. Mézenc's unique location, where hay is reaped up to 1 500 m above sea-level, means that this plant is found in the hay and thus consumed by the animals (who refuse to eat it fresh). It gives the hay a distinctive taste. In other massifs this plant is found in summer pastures and therefore not consumed.

An original agricultural production system has developed in the area: hay meadows are used to rear cattle on the uplands (above 1 100 m), which elsewhere are reserved for summer pasture.

Animals are not reared to reach their maximum growth potential but to make the best possible use of the fodder reserves to which they have access. The animals grow at a regular rate as summer grazing is rarely affected by a lack of grass, thanks to the absence of extended dry periods. Fat is evenly deposited, although it is more concentrated during the final stages.

Farmers in the area have developed special haymaking techniques, which include drying the hay in the meadows, and select the best hay for the fattening period. Animals selected for fattening must have an appropriate body structure allowing them to be slowly fattened with hay during the winter. To that end, farmers sort their animals throughout their lives based on criteria linked to the development of their skeleton and muscles, their functional abilities, potential for fattening and overall appearance. When they enter the cowsheds they must be sufficiently unfattened so that they can be carefully and slowly fattened with hay during the winter.

Each year only a few animals are selected from each farm to produce ‘Fin gras’ or ‘Fin gras du Mézenc’. The slow, hay-based fattening period starts at the beginning of November at the latest and lasts at least 110 days from when the animals first enter the cowsheds. They are led there individually rather than in groups and the hay is administered in the form of a meal so that they consume as much of it as possible. Each animal receives feed adapted to its level of fattening and to its expected date of sale. The traditional fattening technique used for ‘Fin gras’ allows for cover fat to form, protecting the carcass from oxidation while it matures. The carcasses are thus prepared for a long maturation period (up to 20 or 30 days) and do not deteriorate.

The slaughtering of ‘Fin gras’ includes traditional practices which preserve the meat's propensity for a long maturation period. In particular, it is forbidden to wash the carcasses (unless they are accidentally soiled) or to remove their cover fat. The carcasses are cooled off without being excessively chilled.

Both ‘Fin gras’ and ‘Fin gras’ accompanied by the geographical designation ‘Mézenc’ are the traditional names used to refer to this distinctive beef product.

5.2.   Specificity of the product:

The meat is obtained from animals reared on grass and hay from the uplands, which elsewhere are reserved for summer pasture.

The carcasses are waxy to slightly covered in fat, without localised fat deposits. The cover fat is white to creamy white. The meat is bright red to red-purple in colour and is marbled (in other words, it has intramuscular fat deposits).

Meat bearing the ‘Fin gras’ or ‘Fin gras du Mézenc’ designation has distinctive qualities linked to the way the animals are reared and to the plants of the Mézenc plateau used for feed. This has been verified by tasting the meat both raw and cooked and by laboratory analyses.

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

The geological conditions of the Mézenc plateau, the altitude and the weather combine to produce varied flora which is particularly well-adapted to producing hay of excellent quality, dried in the meadows. Studies have demonstrated a link between the terpenic qualities of the hay produced in Mézenc (where Spignel is the emblematic plant) and the terpene found in the fat of the meat.

A special feature of the production process is that it is based on a slow fattening period during the winter using hay of excellent quality and taste, allowing the animals to be fattened optimally after 110 days in the cowsheds. They consume large quantities of hay thanks to the feeding techniques used.

The individual attention the animals receive and the careful selection of animals throughout their lives according to their specific qualities ensure that only those most likely to benefit from a slow, hay-based fattening period are retained. This results in exceptional animals which produce tasty meat.

The characteristics of the product are linked both to environmental conditions and the resulting natural flora, and also to rearing practices which have been developed in the area (production of high-quality hay, sorting of the animals, long hay-based fattening period during the winter). The long, hay-based fattening of older animals produces white cover fat and waxy to fatty carcasses (without localised fat deposits), which is very much linked to the marbled aspect of the meat and its strong taste.

The carcasses retain their specific features and potential for maturation thanks to the short time it takes to transport them to the slaughterhouse and to practices which respect the product throughout the slaughtering process.

Farmers, slaughter plants and butchers are all links in the same production chain of ‘Fin gras du Mézenc’. The product is sold through traditional sales channels: local butchers call on the slaughterhouses closest to their shops to slaughter the animals they selected while they were being reared. Today butchers still organise displays of decorated animals in front of their shops at Easter time. The meat fairs that are still held today bring together the various operators involved in this seasonal product whose reputation is well-established.

Reference to publication of the specification:

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

http://agriculture.gouv.fr/IMG/pdf/CDC_Fin_gras_du_Mezenc.pdf

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

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Corrigenda

| 21.6.2012 | EN | Official Journal of the European Union | C 180/27 |
| --- | --- | --- | --- |

21.6.2012

EN

Official Journal of the European Union

C 180/27

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Corrigendum to notice of open competition 2012/C 168/06

(
  Official Journal of the European Union C 168 of 14 June 2012
  )

2012/C 180/13

The publication of notice of open competition 2012/C 168/06 is to be considered null and void.

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