# Official Journal C 11/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.011.eng |
| --- | --- |
| Official Journal
  of the European Union | C 11 |
| | |
| English edition | Information and Notices | Volume 5513 January 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.011.eng

Official Journal

of the European Union

C 11

English edition

Information and Notices

Volume 5513 January 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 011/01 | Guidelines on the application of Council Directive 2004/113/EC to insurance, in the light of the judgment of the Court of Justice of the European Union in Case C-236/09 (Test-Achats) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 011/01

Guidelines on the application of Council Directive 2004/113/EC to insurance, in the light of the judgment of the Court of Justice of the European Union in Case C-236/09 (Test-Achats) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 011/02 | Euro exchange rates | 12 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 011/03 | Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) 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. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5; OJ C 24, 26.1.2011, p. 6; OJ C 157, 27.5.2011, p. 8; OJ C 203, 9.7.2011, p. 16) | 13 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 011/02

Euro exchange rates

12

NOTICES FROM MEMBER STATES

2012/C 011/03

Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) 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. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5; OJ C 24, 26.1.2011, p. 6; OJ C 157, 27.5.2011, p. 8; OJ C 203, 9.7.2011, p. 16)

13

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 011/04 | Prior notification of a concentration (Case COMP/M.6444 — Terrena/Lyonnaise des Eaux/JV) — Candidate case for simplified procedure (
  1
  ) | 14 |
| | OTHER ACTS |
| | European Commission |
| 2012/C 011/05 | 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 | 16 |
| 2012/C 011/06 | Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity | 21 |
| 2012/C 011/07 | Notice concerning a request under Article 30 of Directive 2004/17/EC — Withdrawal — Request from a contracting entity | 22 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 011/04

Prior notification of a concentration (Case COMP/M.6444 — Terrena/Lyonnaise des Eaux/JV) — Candidate case for simplified procedure (
  1
  )

1

14

OTHER ACTS

European Commission

2012/C 011/05

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

16

2012/C 011/06

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity

21

2012/C 011/07

Notice concerning a request under Article 30 of Directive 2004/17/EC — Withdrawal — Request from a contracting entity

22

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.1.2012 | EN | Official Journal of the European Union | C 11/1 |
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13.1.2012

EN

Official Journal of the European Union

C 11/1

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Guidelines on the application of Council Directive 2004/113/EC to insurance, in the light of the judgment of the Court of Justice of the European Union in Case C-236/09 (Test-Achats)

(Text with EEA relevance)

2012/C 11/01

1.   INTRODUCTION

| 1. | Article 5 of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (1) (hereinafter ‘the Directive’) regulates the use of actuarial factors related to sex in the provision of insurance and other related financial services. Article 5(1) provides that, for new contracts concluded after 21 December 2007, the use of sex as an actuarial factor in the calculation of premiums and benefits must not result in differences in individuals’ premiums and benefits (hereinafter ‘the unisex rule’). Article 5(2) provides for derogation from this rule by allowing Member States to maintain proportionate differences in individuals’ premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data. |
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1.

Article 5 of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (1) (hereinafter ‘the Directive’) regulates the use of actuarial factors related to sex in the provision of insurance and other related financial services. Article 5(1) provides that, for new contracts concluded after 21 December 2007, the use of sex as an actuarial factor in the calculation of premiums and benefits must not result in differences in individuals’ premiums and benefits (hereinafter ‘the unisex rule’). Article 5(2) provides for derogation from this rule by allowing Member States to maintain proportionate differences in individuals’ premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data.

| 2. | In a judgment delivered on 1 March 2011 (2) (hereinafter ‘the Test-Achats ruling’), the Court of Justice of the European Union (hereinafter ‘the Court of Justice’) declared Article 5(2) invalid with effect from 21 December 2012. The Court of Justice considers that by enabling Member States to maintain without temporal limitation an exemption from the unisex rule laid down in Article 5(1), Article 5(2) runs counter to achievement of the objective of equal treatment between men and women in relation to the calculation of insurance premiums and benefits, which is the purpose of the Directive as defined by the legislature in the insurance field, and is therefore incompatible with Articles 21 and 23 of the Charter of Fundamental Rights of the European Union. |
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2.

In a judgment delivered on 1 March 2011 (2) (hereinafter ‘the Test-Achats ruling’), the Court of Justice of the European Union (hereinafter ‘the Court of Justice’) declared Article 5(2) invalid with effect from 21 December 2012. The Court of Justice considers that by enabling Member States to maintain without temporal limitation an exemption from the unisex rule laid down in Article 5(1), Article 5(2) runs counter to achievement of the objective of equal treatment between men and women in relation to the calculation of insurance premiums and benefits, which is the purpose of the Directive as defined by the legislature in the insurance field, and is therefore incompatible with Articles 21 and 23 of the Charter of Fundamental Rights of the European Union.

| 3. | All Member States currently allow gender differentiation for at least one type of insurance. In particular, in all Member States, insurers are allowed to use sex as a risk-rating factor in life insurance (3). The Test-Achats ruling will therefore have implications in all Member States. |
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3.

All Member States currently allow gender differentiation for at least one type of insurance. In particular, in all Member States, insurers are allowed to use sex as a risk-rating factor in life insurance (3). The Test-Achats ruling will therefore have implications in all Member States.

| 4. | The present guidelines aim to facilitate compliance with the Test-Achats ruling at national level. However, the Commission’s position is without prejudice to any interpretation the Court of Justice may give to Article 5 in the future. |
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4.

The present guidelines aim to facilitate compliance with the Test-Achats ruling at national level. However, the Commission’s position is without prejudice to any interpretation the Court of Justice may give to Article 5 in the future.

2.   GUIDELINES

| 5. | As from 21 December 2012, the unisex rule contained in Article 5(1) must be applied without any possible exception in relation to the calculation of individuals’ premiums and benefits in new contracts. |
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5.

As from 21 December 2012, the unisex rule contained in Article 5(1) must be applied without any possible exception in relation to the calculation of individuals’ premiums and benefits in new contracts.

2.1.   Impact of the Test-Achats ruling — the contracts concerned

2.1.1.   Article 5(1) to be applied without derogation from 21 December 2012

| 6. | In the Test-Achats ruling, the Court of Justice concludes that Article 5(2) of the Directive ‘must therefore be considered to be invalid upon the expiry of an appropriate transitional period’ ending on 21 December 2012 (4). This means that from that date the requirements of Article 5(1) must be applied without derogation. |
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6.

In the Test-Achats ruling, the Court of Justice concludes that Article 5(2) of the Directive ‘must therefore be considered to be invalid upon the expiry of an appropriate transitional period’ ending on 21 December 2012 (4). This means that from that date the requirements of Article 5(1) must be applied without derogation.

2.1.2.   Article 5(1) applies only to new contracts

| 7. | The transitional period needs to be interpreted in line with the objective of the Directive as expressed in Article 5(1), which provides that the unisex rule shall only apply to new contracts concluded after the deadline for transposition of the Directive on 21 December 2007. As explained in recital 18 of the Directive, the objective of this rule is to avoid a sudden readjustment of the market. The Test-Achats ruling does not change this objective, nor does it have an impact on the applicability of the unisex rule only to new contracts as laid down in Article 5(1). The Test-Achats ruling means that for new contracts concluded as from 21 December 2012 this rule has to be applied without any exception, owing to the invalidity of Article 5(2) from that date. |
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7.

The transitional period needs to be interpreted in line with the objective of the Directive as expressed in Article 5(1), which provides that the unisex rule shall only apply to new contracts concluded after the deadline for transposition of the Directive on 21 December 2007. As explained in recital 18 of the Directive, the objective of this rule is to avoid a sudden readjustment of the market. The Test-Achats ruling does not change this objective, nor does it have an impact on the applicability of the unisex rule only to new contracts as laid down in Article 5(1). The Test-Achats ruling means that for new contracts concluded as from 21 December 2012 this rule has to be applied without any exception, owing to the invalidity of Article 5(2) from that date.

| 8. | It is settled case law that the need for uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (5). |
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8.

It is settled case law that the need for uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (5).

| 9. | The Directive does not define the concept of a ‘new contract’, nor does it contain any reference to national laws as regards the meaning to be applied to such terms. This concept should therefore be regarded, for the purposes of application of the Directive, as designating an autonomous concept of European Union law which must be interpreted uniformly throughout the Union. This uniform interpretation corresponds to the aim of the Directive in the insurance field, which is to implement the unisex rule, after the expiry of a transitional period. The concept of a ‘new contract’ referred to in Article 5(1) is essential for the practical implementation of this provision. Diverging interpretations of this concept based on national contract laws would create a risk of different transitional periods delaying the comprehensive application of the unisex rule and also of an uneven playing field for insurance companies. This would undermine the objective pursued by the Directive of comprehensively guaranteeing the equal treatment of women and men across Member States in relation to individuals’ insurance premiums and benefits from the same date as expressed in its Article 5(1) (6). |
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9.

The Directive does not define the concept of a ‘new contract’, nor does it contain any reference to national laws as regards the meaning to be applied to such terms. This concept should therefore be regarded, for the purposes of application of the Directive, as designating an autonomous concept of European Union law which must be interpreted uniformly throughout the Union. This uniform interpretation corresponds to the aim of the Directive in the insurance field, which is to implement the unisex rule, after the expiry of a transitional period. The concept of a ‘new contract’ referred to in Article 5(1) is essential for the practical implementation of this provision. Diverging interpretations of this concept based on national contract laws would create a risk of different transitional periods delaying the comprehensive application of the unisex rule and also of an uneven playing field for insurance companies. This would undermine the objective pursued by the Directive of comprehensively guaranteeing the equal treatment of women and men across Member States in relation to individuals’ insurance premiums and benefits from the same date as expressed in its Article 5(1) (6).

| 10. | The implementation of Article 5(1) requires a clear distinction between existing and new contractual agreements. The distinction must meet the need for legal certainty and be based on criteria that avoid undue interference with existing rights and preserve the legitimate expectations of all parties. This approach is in line with the Directive’s objective of preventing a sudden readjustment of the market by restricting the application of the unisex rule only to new contracts. |
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10.

The implementation of Article 5(1) requires a clear distinction between existing and new contractual agreements. The distinction must meet the need for legal certainty and be based on criteria that avoid undue interference with existing rights and preserve the legitimate expectations of all parties. This approach is in line with the Directive’s objective of preventing a sudden readjustment of the market by restricting the application of the unisex rule only to new contracts.

| 11. | Accordingly, the unisex rule pursuant to Article 5(1) shall apply whenever (a) a contractual agreement requiring the expression of consent by all parties is made, including an amendment to an existing contract and (b) the latest expression of consent by a party that is necessary for the conclusion of that agreement occurs as from 21 December 2012. |
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11.

Accordingly, the unisex rule pursuant to Article 5(1) shall apply whenever (a) a contractual agreement requiring the expression of consent by all parties is made, including an amendment to an existing contract and (b) the latest expression of consent by a party that is necessary for the conclusion of that agreement occurs as from 21 December 2012.

| 12. | Consequently, the following (7) should be considered as new contractual agreements, having therefore to comply with the unisex rule:






  (a) | contracts concluded for the first time as from 21 December 2012 (8). Therefore, offers made before 21 December 2012 but accepted as from that date will need to comply with the unisex rule; |
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12.

Consequently, the following (7) should be considered as new contractual agreements, having therefore to comply with the unisex rule:

(a)

contracts concluded for the first time as from 21 December 2012 (8). Therefore, offers made before 21 December 2012 but accepted as from that date will need to comply with the unisex rule;

| (b) | agreements between parties, concluded as from 21 December 2012, to extend contracts concluded before that date which would otherwise have expired. |
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(b)

agreements between parties, concluded as from 21 December 2012, to extend contracts concluded before that date which would otherwise have expired.

| 13. | On the contrary, the following situations (9) should not be considered as constituting a new contractual agreement:






  (a) | the automatic extension of a pre-existing contract if no notice, e.g. a cancellation notice, is given by a certain deadline as a result of the terms of that pre-existing contract; |
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13.

On the contrary, the following situations (9) should not be considered as constituting a new contractual agreement:

(a)

the automatic extension of a pre-existing contract if no notice, e.g. a cancellation notice, is given by a certain deadline as a result of the terms of that pre-existing contract;

| (b) | the adjustments made to individual elements of an existing contract, such as premium changes, on the basis of predefined parameters, where the consent of the policyholder is not required (10); |
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(b)

the adjustments made to individual elements of an existing contract, such as premium changes, on the basis of predefined parameters, where the consent of the policyholder is not required (10);

| (c) | the taking out, by the policyholder, of top-up or follow-on policies whose terms were pre-agreed in contracts concluded before 21 December 2012, where these policies are activated by a unilateral decision of the policyholder (11); |
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(c)

the taking out, by the policyholder, of top-up or follow-on policies whose terms were pre-agreed in contracts concluded before 21 December 2012, where these policies are activated by a unilateral decision of the policyholder (11);

| (d) | the mere transfer of an insurance portfolio from one insurer to another which should not change the status of the contracts included in that portfolio. |
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(d)

the mere transfer of an insurance portfolio from one insurer to another which should not change the status of the contracts included in that portfolio.

2.2.   Gender-related insurance practices which remain possible

| 14. | Article 5(1) prohibits any result whereby differences arise in individuals’ premiums and benefits due to the use of gender as a factor in the calculation of premiums and benefits. It does not prohibit the use of gender as a risk-rating factor in general. Such use is allowed in the calculation of premiums and benefits at the aggregate level, as long as it does not lead to differentiation at individual level. After the Test-Achats ruling, it therefore remains possible to collect, store and use gender status or gender-related information within those limits, i.e.:
  —   reserving and internal pricing: insurers remain able to collect and use gender status for internal risk assessment, notably to calculate technical provisions in line with insurance solvency rules and to monitor their portfolio mix from an aggregate pricing perspective.
  —   reinsurance pricing: reinsurance contracts are contracts between an insurer and a reinsurer. It remains possible to use gender in the pricing of these products, as long as they do not lead to gender differentiation at individual level.
  —   marketing and advertising: pursuant to Article 3(3), the Directive does not apply to the content of media and advertising, and Article 5(1) only addresses the calculation of individuals’ premiums and benefits. It therefore remains possible for insurers to use marketing and advertising to influence their portfolio mix, e.g. by targeting advertising at either men or women. However, insurers may not refuse access to a specific product because of a person’s sex, unless the conditions of Article 4(5) are met (12).
  —   life and health underwriting: the unisex rule means that premiums and benefits cannot be different between two individuals for the same insurance policy simply because their gender is not the same. There are however other risk factors, e.g. health status or family history, on the basis of which differentiation is possible and for the assessment of which insurers need to take gender status into account, in light of certain physiological differences between men and women (13). |
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14.

Article 5(1) prohibits any result whereby differences arise in individuals’ premiums and benefits due to the use of gender as a factor in the calculation of premiums and benefits. It does not prohibit the use of gender as a risk-rating factor in general. Such use is allowed in the calculation of premiums and benefits at the aggregate level, as long as it does not lead to differentiation at individual level. After the Test-Achats ruling, it therefore remains possible to collect, store and use gender status or gender-related information within those limits, i.e.:

—   reserving and internal pricing: insurers remain able to collect and use gender status for internal risk assessment, notably to calculate technical provisions in line with insurance solvency rules and to monitor their portfolio mix from an aggregate pricing perspective.

—   reinsurance pricing: reinsurance contracts are contracts between an insurer and a reinsurer. It remains possible to use gender in the pricing of these products, as long as they do not lead to gender differentiation at individual level.

—   marketing and advertising: pursuant to Article 3(3), the Directive does not apply to the content of media and advertising, and Article 5(1) only addresses the calculation of individuals’ premiums and benefits. It therefore remains possible for insurers to use marketing and advertising to influence their portfolio mix, e.g. by targeting advertising at either men or women. However, insurers may not refuse access to a specific product because of a person’s sex, unless the conditions of Article 4(5) are met (12).

—   life and health underwriting: the unisex rule means that premiums and benefits cannot be different between two individuals for the same insurance policy simply because their gender is not the same. There are however other risk factors, e.g. health status or family history, on the basis of which differentiation is possible and for the assessment of which insurers need to take gender status into account, in light of certain physiological differences between men and women (13).

| 15. | The Commission also considers that, under the conditions of Article 4(5) of the Directive, it remains possible for insurers to offer gender-specific insurance products (or options within contracts) to cover conditions which exclusively or primarily concern males or females (14). This possibility is however excluded for pregnancy and maternity, in light of the specific solidarity mechanism created by Article 5(3). |
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15.

The Commission also considers that, under the conditions of Article 4(5) of the Directive, it remains possible for insurers to offer gender-specific insurance products (or options within contracts) to cover conditions which exclusively or primarily concern males or females (14). This possibility is however excluded for pregnancy and maternity, in light of the specific solidarity mechanism created by Article 5(3).

2.3.   Use of other risk-rating factors

2.3.1.   Factors correlated with gender — the issue of indirect discrimination

| 16. | The Test-Achats ruling only addresses the use of gender as a risk-rating factor and not the admissibility of other factors used by insurers. However, pursuant to Article 2(b) of the Directive, indirect discrimination occurs where an apparently neutral risk factor puts persons of one sex at a particular disadvantage. In contrast to direct discrimination, indirect discrimination can be justified if the aim is legitimate and the means of achieving it are appropriate and necessary. |
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16.

The Test-Achats ruling only addresses the use of gender as a risk-rating factor and not the admissibility of other factors used by insurers. However, pursuant to Article 2(b) of the Directive, indirect discrimination occurs where an apparently neutral risk factor puts persons of one sex at a particular disadvantage. In contrast to direct discrimination, indirect discrimination can be justified if the aim is legitimate and the means of achieving it are appropriate and necessary.

| 17. | The use of risk factors which might be correlated with gender therefore remains possible, as long as they are true risk factors in their own right (15). |
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17.

The use of risk factors which might be correlated with gender therefore remains possible, as long as they are true risk factors in their own right (15).

2.3.2.   Factors not correlated with gender

| 18. | The Test-Achats ruling only addresses the use of the gender factor in a context where the respective situations of men and women were found comparable by the legislature. It does not affect the use of other risk-rating factors, such as age and disability, which is currently not regulated at EU level. |
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18.

The Test-Achats ruling only addresses the use of the gender factor in a context where the respective situations of men and women were found comparable by the legislature. It does not affect the use of other risk-rating factors, such as age and disability, which is currently not regulated at EU level.

| 19. | In the Test-Achats ruling, the Court of Justice points out that ‘(...) the principle of equal treatment requires that comparable situations must not be treated differently, and different situations must not be treated in the same way, unless such treatment is objectively justified’ and that ‘the comparability of situations must be assessed in the light of the subject-matter and purpose of the EU measure which makes the distinction in question (...)’ (16). |
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19.

In the Test-Achats ruling, the Court of Justice points out that ‘(...) the principle of equal treatment requires that comparable situations must not be treated differently, and different situations must not be treated in the same way, unless such treatment is objectively justified’ and that ‘the comparability of situations must be assessed in the light of the subject-matter and purpose of the EU measure which makes the distinction in question (...)’ (16).

| 20. | The use of age and disability would continue to be allowed under the proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (17), as it would not be considered discriminatory. Where the legislator provides that, under certain conditions, a specific practice is not discriminatory, it does not create a derogation from the principle of equal treatment of comparable situations (which could only be admissible for a transitional period). It rather complies with the principle of equal treatment by recognising that the situations at issue are not comparable and should be treated differently (or that, in spite of comparability, there is an objective justification for treating them differently). |
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20.

The use of age and disability would continue to be allowed under the proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (17), as it would not be considered discriminatory. Where the legislator provides that, under certain conditions, a specific practice is not discriminatory, it does not create a derogation from the principle of equal treatment of comparable situations (which could only be admissible for a transitional period). It rather complies with the principle of equal treatment by recognising that the situations at issue are not comparable and should be treated differently (or that, in spite of comparability, there is an objective justification for treating them differently).

2.4.   Insurance and occupational pensions

| 21. | Some insurance products, such as annuities, contribute to retirement income. The Directive however only covers insurance and pensions which are private, voluntary and separate from the employment relationship, employment and occupation being explicitly excluded from its scope (18). Equal treatment of women and men in relation to occupational pensions is covered by Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (19). |
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21.

Some insurance products, such as annuities, contribute to retirement income. The Directive however only covers insurance and pensions which are private, voluntary and separate from the employment relationship, employment and occupation being explicitly excluded from its scope (18). Equal treatment of women and men in relation to occupational pensions is covered by Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (19).

| 22. | Some occupational pension schemes provide for the payment of a benefit under a specific form, such as annuities. Where that is the case, the scheme in question will fall under Directive 2006/54/EC even if it relies on an insurer to pay out the benefit. On the contrary, if the individual employee has to conclude an insurance contract directly with the insurer without involvement of the employer, for example to convert a lump sum into an annuity, the situation will fall within the scope of the Directive. Article 8(1)(c) of Directive 2006/54/EC specifically excludes from its scope insurance contracts concluded by workers and to which the employer is not a party. |
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22.

Some occupational pension schemes provide for the payment of a benefit under a specific form, such as annuities. Where that is the case, the scheme in question will fall under Directive 2006/54/EC even if it relies on an insurer to pay out the benefit. On the contrary, if the individual employee has to conclude an insurance contract directly with the insurer without involvement of the employer, for example to convert a lump sum into an annuity, the situation will fall within the scope of the Directive. Article 8(1)(c) of Directive 2006/54/EC specifically excludes from its scope insurance contracts concluded by workers and to which the employer is not a party.

| 23. | Article 9(1)(h) of Directive 2006/54/EC allows for the setting of different levels of benefits between men and women when justified by actuarial calculation factors. The Commission considers that the Test-Achats ruling has no legal implications for this provision, which applies in the different and clearly separable context of occupational pensions and which is also drafted in a very different way from Article 5(2) of the Directive. Indeed, under Article 9(1)(h) of Directive 2006/54/EC, the setting of different benefits for men and women is not considered discriminatory when justified by actuarial data. |
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23.

Article 9(1)(h) of Directive 2006/54/EC allows for the setting of different levels of benefits between men and women when justified by actuarial calculation factors. The Commission considers that the Test-Achats ruling has no legal implications for this provision, which applies in the different and clearly separable context of occupational pensions and which is also drafted in a very different way from Article 5(2) of the Directive. Indeed, under Article 9(1)(h) of Directive 2006/54/EC, the setting of different benefits for men and women is not considered discriminatory when justified by actuarial data.

3.   MONITORING OF THE GUIDELINES

| 24. | Member States have to draw the consequences from the Test-Achats ruling and adapt their legislation before 21 December 2012 in order to guarantee the application of the unisex rule by insurers as required by the judgment. The Commission will monitor the situation, ensuring that, after that date, national legislation in the field of insurance is fully in compliance with the ruling on the basis of the criteria set out in the present guidelines. |
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24.

Member States have to draw the consequences from the Test-Achats ruling and adapt their legislation before 21 December 2012 in order to guarantee the application of the unisex rule by insurers as required by the judgment. The Commission will monitor the situation, ensuring that, after that date, national legislation in the field of insurance is fully in compliance with the ruling on the basis of the criteria set out in the present guidelines.

| 25. | The Commission would like to encourage a competitive and innovative industry such as the insurance sector to make the necessary adjustments and offer attractive unisex products to consumers without an unjustified impact on the overall price levels. The Commission will remain vigilant in following the evolution of the insurance market in order to detect any unjustified rise in prices attributed to the Test-Achats ruling, including in light of the tools that are available under competition law (20) in the event of alleged anti-competitive conduct. |
| --- | --- |

25.

The Commission would like to encourage a competitive and innovative industry such as the insurance sector to make the necessary adjustments and offer attractive unisex products to consumers without an unjustified impact on the overall price levels. The Commission will remain vigilant in following the evolution of the insurance market in order to detect any unjustified rise in prices attributed to the Test-Achats ruling, including in light of the tools that are available under competition law (20) in the event of alleged anti-competitive conduct.

| 26. | The Commission will report on the implementation of the Test-Achats ruling in national law and in insurance practice in 2014, in the context of a more general report on the implementation of the Directive. |
| --- | --- |

26.

The Commission will report on the implementation of the Test-Achats ruling in national law and in insurance practice in 2014, in the context of a more general report on the implementation of the Directive.

---

(1)  OJ L 373, 21.12.2004, p. 37.

(2)  Judgment of 1 March 2011 in Case C-236/09, OJ C 130, 30.4.2011, p. 4.

(3)  For more information on national legislation and insurers’ practices, see Annexes 1 and 2.

(4)  Paragraph 33 of the ruling.

(5)  Most recently confirmed in the judgment of the Court of Justice of 18 October 2011 in Case C-34/10, Oliver Brüstle v Greenpeace e.V., paragraph 25. See also Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C-287/98 Linster [2000] ECR I-6917, paragraph 43; Case C-5/08 Infopaq International [2009] ECR I-6569, paragraph 27; and Case C-467/08 Padawan [2010] ECR I-0000, paragraph 32.

(6)  A very narrow definition of the concept of a new contract extending the possibility to use gender as a risk-assessment factor with impact on individuals’ premiums and benefits would jeopardise the objective laid down in Article 5(1) to exclude such use from the expiration of the transitional period ‘at the latest’. Differences in interpretation between Member States would further be impossible to reconcile with the requirement of an independent and uniform interpretation of these terms which are essential for the scope and meaning of the Directive.

(7)  These situations are non-exhaustive examples identified on the basis of their practical relevance.

(8)  For example, if an insured person decides to switch provider to benefit from the unisex rule.

(9)  These situations are non-exhaustive examples identified on the basis of their practical relevance.

(10)  For example, a premium increase by a percentage based on the claims experience.

(11)  For example, when the insured person wishes to increase the amount invested through a life insurance product.

(12)  Under this provision, differences in treatment are allowed if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

(13)  For example, a family history of breast cancer does not have the same impact on a man and on a woman’s health risk (and the assessment of this impact requires knowledge of whether the person is a woman or a man). Obesity is a risk factor, a measurement of which is the waist to hip ratio, which is not the same for women and for men. A more developed list of examples is provided under Annex 3.

(14)  For example, prostate cancer, breast or uterus cancer.

(15)  For example, price differentiation based on the size of a car engine in the field of motor insurance should remain possible, even if statistically men drive cars with more powerful engines. This would not be the case for differentiation based on the size or weight of a person in relation to motor insurance.

(16)  See paragraphs 28 and 29 of the Test-Achats ruling.

(17)  COM(2008) 426 final. In contrast to the Directive, the proposal does not contain a general principle such as the unisex rule, according to which the use of age and disability should not result in different premiums or benefits. The objective of the relevant provision is rather to recognise that, for instance, two persons of a different age are not in a comparable situation with regard to life insurance and that proportionate differences of treatment based on a sound risk assessment therefore do not constitute discrimination.

(18)  Recital 15 and Article 3(4) of the Directive. Group health and accident contracts are therefore also excluded from the scope of the Directive.

(19)  OJ L 204, 26.7.2006, p. 23.

(20)  The current Block Exemption Regulation (Commission Regulation (EU) No 267/2010 of 24 March 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of agreements, decisions and concerted practices in the insurance sector, OJ L 83, 30.3.2010, p. 1), contains an exemption allowing insurers to share certain types of data through joint compilations, tables and studies under certain conditions. It does not, in particular, exempt agreements on commercial premiums. The Block Exemption Regulation will expire on 31 March 2017 and the Commission will review it in advance to assess whether a further extension is still justified.

---

ANNEX 1

Use of gender as a rating factor according to national law (a)

| Country | Life insur. | Private health insur. | Mortgage loans | Motor insur. | Travel insur. | Disability/Income insur. | Consumer credit | Annuity products | Accident insur. | Credit cards | Deposit accounts | Loan insur. | Home insur. | Private liability insur. | Long-term care insur. | Critical illness insur. |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Austria | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Belgium | Yes | No (2) | No (2) | No | No (2) | No | No (2) | Yes | No (2) | No (2) | No (2) | No (2) | No (2) | No (2) | No (2) | No |
| Bulgaria | Yes | Yes | n.a | No | n.a | n.a | n.a | Yes | No | n.a | n.a | n.a | n.a | n.a | n.a. | Yes |
| Cyprus | Yes | No | No (2) | No | No (2) | No | No (2) | Yes | Yes | No (2) | No (2) | n.a | No (2) | No (2) | No | No |
| Czech Republic | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. |
| Denmark | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Estonia | Yes (1) | Yes (1) | n.a. | No | n.a. | n.a. | n.a. | Yes (1) (b) | Yes (1) | n.a. | n.a. | n.a. | n.a. | n.a. | No | n.a. |
| Finland | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| France | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Germany | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Greece | Yes (1) | n.a. | n.a. | Yes (1) | n.a. | n.a. | n.a. | n.a. | Yes (1) | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | Yes (1) |
| Hungary | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Ireland | Yes | Yes | n.a. | Yes | n.a. | Yes | n.a. | Yes | No | n.a | n.a | n.a | n.a | n.a | Yes | Yes |
| Italy | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Latvia | Yes | Yes | n.a | No | n.a. | Yes | n.a. | Yes | Yes | n.a. | n.a. | n.a. | n.a. | n.a. | Yes | Yes |
| Lithuania | Yes | Yes | n.a | No | n.a. | Yes | n.a. | Yes | Yes | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | Yes |
| Luxembourg | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Malta | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. |
| Netherlands | Yes (2) | No | No (c) | No | No (c) | No (2) (c) | No (c) | No (2) (c) | No | No (c) | No (c) | No (c) | No (c) | No (c) | No (c) | No (c) |
| Poland | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Portugal | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Romania | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. |
| Slovakia | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Slovenia | Yes | Yes | n.a | No | n.a. | Yes | n.a. | Yes | Yes | n.a. | n.a. | n.a. | n.a. | n.a. | Yes | Yes |
| Spain | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Sweden | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| United Kingdom | Yes | Yes | n.a. | Yes | Yes | Yes | n.a. | Yes | Yes | n.a. | n.a. | Yes | Yes | Yes | Yes | Yes |
| Sources: Implementation of the Insurance Gender Directive, Group Consultatif 2009, unless otherwise specified: (1) Civic Consulting survey of competent authorities; (2) Civic Consulting interviews with competent authorities, equality bodies and industry associations. Notes: (a) The table illustrates for which financial products national legislation in each Member State allows the use of gender as a rating factor in line with Article 5(2) of the Gender Directive. (b) Unisex mortality tables in the case of compulsory funded pension annuities. (c) Sex can be considered by insurers in the calculations but it may not lead to a difference in premiums for men and women. N.a: not available. |

Country

Life insur.

Private health insur.

Mortgage loans

Motor insur.

Travel insur.

Disability/Income insur.

Consumer credit

Annuity products

Accident insur.

Credit cards

Deposit accounts

Loan insur.

Home insur.

Private liability insur.

Long-term care insur.

Critical illness insur.

Austria

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Belgium

Yes

No (2)

No (2)

No

No (2)

No

No (2)

Yes

No (2)

No (2)

No (2)

No (2)

No (2)

No (2)

No (2)

No

Bulgaria

Yes

Yes

n.a

No

n.a

n.a

n.a

Yes

No

n.a

n.a

n.a

n.a

n.a

n.a.

Yes

Cyprus

Yes

No

No (2)

No

No (2)

No

No (2)

Yes

Yes

No (2)

No (2)

n.a

No (2)

No (2)

No

No

Czech Republic

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Denmark

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Estonia

Yes (1)

Yes (1)

n.a.

No

n.a.

n.a.

n.a.

Yes (1) (b)

Yes (1)

n.a.

n.a.

n.a.

n.a.

n.a.

No

n.a.

Finland

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

France

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Germany

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Greece

Yes (1)

n.a.

n.a.

Yes (1)

n.a.

n.a.

n.a.

n.a.

Yes (1)

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Yes (1)

Hungary

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Ireland

Yes

Yes

n.a.

Yes

n.a.

Yes

n.a.

Yes

No

n.a

n.a

n.a

n.a

n.a

Yes

Yes

Italy

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Latvia

Yes

Yes

n.a

No

n.a.

Yes

n.a.

Yes

Yes

n.a.

n.a.

n.a.

n.a.

n.a.

Yes

Yes

Lithuania

Yes

Yes

n.a

No

n.a.

Yes

n.a.

Yes

Yes

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Yes

Luxembourg

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Malta

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Netherlands

Yes (2)

No

No (c)

No

No (c)

No (2) (c)

No (c)

No (2) (c)

No

No (c)

No (c)

No (c)

No (c)

No (c)

No (c)

No (c)

Poland

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Portugal

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Romania

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Slovakia

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Slovenia

Yes

Yes

n.a

No

n.a.

Yes

n.a.

Yes

Yes

n.a.

n.a.

n.a.

n.a.

n.a.

Yes

Yes

Spain

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Sweden

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

United Kingdom

Yes

Yes

n.a.

Yes

Yes

Yes

n.a.

Yes

Yes

n.a.

n.a.

Yes

Yes

Yes

Yes

Yes

Sources: Implementation of the Insurance Gender Directive, Group Consultatif 2009, unless otherwise specified: (1) Civic Consulting survey of competent authorities; (2) Civic Consulting interviews with competent authorities, equality bodies and industry associations. Notes: (a) The table illustrates for which financial products national legislation in each Member State allows the use of gender as a rating factor in line with Article 5(2) of the Gender Directive. (b) Unisex mortality tables in the case of compulsory funded pension annuities. (c) Sex can be considered by insurers in the calculations but it may not lead to a difference in premiums for men and women. N.a: not available.

---

ANNEX 2

Reported use of factors for risk assessment by product (based on frequency of reported use by stakeholders)

| Product category | Definition of product category | Factors |
| --- | --- | --- |
| | | Sex | Age | Disability |
| Insurance products |
| Private health insurance | Private health insurance — insurance that covers health risks in addition to (or for those not covered by) the national health care system | ++ | ++ | ++ |
| Critical illness insurance | Critical illness insurance — insurance policy that pays a benefit if the insured is diagnosed with a specified critical illness during the policy term | ++ | ++ | ++ |
| Disability/income protection insurance | Disability/income protection insurance — insurance that provides payments to replace lost income when the insured is unable to work because he/she becomes disabled | ++ | ++ | ++ |
| Life insurance | Life insurance — insurance which provides, in particular, payment on survival to a stipulated age or payment on the death of the insured to their beneficiaries | ++ | ++ | ++ |
| Annuity products | Annuity products (including private pensions) — insurance that provides regular payments in the future in exchange for the payment of a lump sum or a series of regular payments prior to the onset of the annuity | ++ | ++ | + |
| Motor insurance | Motor insurance — insurance for private cars covering at least third party liability | ++ | ++ | + |
| Travel insurance | Travel insurance — temporary insurance that covers, for the duration of the trip only, at least medical expenses and potentially financial and other losses incurred while travelling | + | ++ | + |
| Accident insurance | Accident insurance — insurance that covers losses caused by a bodily accident or expenses of medical treatment necessitated after a bodily accident | + | + | + |
| Long-term care insurance | Long-term care insurance — insurance policy that covers costs of long-term care beyond a predetermined period not covered by health insurance | + | + | + |
| Loan insurance/Payment protection insurance | Loan insurance/Payment protection insurance — insurance that protects monthly loan payments if holders become unemployed or suffer an accident or sickness | + | + | + |
| Home insurance | Home insurance — property insurance policy that covers losses occurring to private buildings and to their contents | o | + | o |
| Private liability insurance | Private liability insurance — insurance that provides protection against third party claims, i.e. payment is typically to someone suffering loss caused by the insured | o | + | o |
| Banking/Loan products (1) |
| Mortgage loans | Mortgage loans — loan secured against a property | o | + | o |
| Consumer credit (2) | Consumer credit — short-term loan to consumers for the purchase of goods, including credit accounts at retail outlets, personal loans, hire purchase, but excluding credit cards | o | + | o |
| Credit cards | Credit cards — card entitling holders to buy goods and services based on the holders' promise to pay for these goods and services at a later stage | o | + | o |
| Deposit account | Deposit account — current or savings account, or other type of bank account, at a banking institution that allows money to be deposited and withdrawn by the account holder | o | o | o |
| Notes: | ++ | = | Frequently reported to be used (by 50 % or more of all responding industry associations, actuarial associations and competent authorities and equality bodies). |
| + | = | Occasionally reported to be used (by 10 % to 50 % of all responding industry associations, actuarial associations and competent authorities and equality bodies). |
| o | = | Rarely reported to be used (by less than 10 % of all responding industry associations, actuarial associations and competent authorities and equality bodies). |

Product category

Definition of product category

Factors

Sex

Age

Disability

Insurance products

Private health insurance

Private health insurance — insurance that covers health risks in addition to (or for those not covered by) the national health care system

++

++

++

Critical illness insurance

Critical illness insurance — insurance policy that pays a benefit if the insured is diagnosed with a specified critical illness during the policy term

++

++

++

Disability/income protection insurance

Disability/income protection insurance — insurance that provides payments to replace lost income when the insured is unable to work because he/she becomes disabled

++

++

++

Life insurance

Life insurance — insurance which provides, in particular, payment on survival to a stipulated age or payment on the death of the insured to their beneficiaries

++

++

++

Annuity products

Annuity products (including private pensions) — insurance that provides regular payments in the future in exchange for the payment of a lump sum or a series of regular payments prior to the onset of the annuity

++

++

+

Motor insurance

Motor insurance — insurance for private cars covering at least third party liability

++

++

+

Travel insurance

Travel insurance — temporary insurance that covers, for the duration of the trip only, at least medical expenses and potentially financial and other losses incurred while travelling

+

++

+

Accident insurance

Accident insurance — insurance that covers losses caused by a bodily accident or expenses of medical treatment necessitated after a bodily accident

+

+

+

Long-term care insurance

Long-term care insurance — insurance policy that covers costs of long-term care beyond a predetermined period not covered by health insurance

+

+

+

Loan insurance/Payment protection insurance

Loan insurance/Payment protection insurance — insurance that protects monthly loan payments if holders become unemployed or suffer an accident or sickness

+

+

+

Home insurance

Home insurance — property insurance policy that covers losses occurring to private buildings and to their contents

o

+

o

Private liability insurance

Private liability insurance — insurance that provides protection against third party claims, i.e. payment is typically to someone suffering loss caused by the insured

o

+

o

Banking/Loan products (1)

Mortgage loans

Mortgage loans — loan secured against a property

o

+

o

Consumer credit (2)

Consumer credit — short-term loan to consumers for the purchase of goods, including credit accounts at retail outlets, personal loans, hire purchase, but excluding credit cards

o

+

o

Credit cards

Credit cards — card entitling holders to buy goods and services based on the holders' promise to pay for these goods and services at a later stage

o

+

o

Deposit account

Deposit account — current or savings account, or other type of bank account, at a banking institution that allows money to be deposited and withdrawn by the account holder

o

o

o

Notes:

++

=

Frequently reported to be used (by 50 % or more of all responding industry associations, actuarial associations and competent authorities and equality bodies).

+

=

Occasionally reported to be used (by 10 % to 50 % of all responding industry associations, actuarial associations and competent authorities and equality bodies).

o

=

Rarely reported to be used (by less than 10 % of all responding industry associations, actuarial associations and competent authorities and equality bodies).

In the event that frequency of reported use has led to deviations between the three groups on which the assessment is based (industry associations/actuarial associations/competent authorities and equality bodies), the assessment in the table represents the results of the two groups falling into the same category.

Product categories may include a variety of different types of products offered on the market. Bundled products are not covered (e.g. the combination of a current account with an insurance product).

---

(1)  Age and sex are sometimes used in credit scoring and this may affect the provision of banking/loan products.

(2)  Consumer credit includes motor finance and personal loans.

---

ANNEX 3

Examples of gender-related practices which remain possible after the Test-Achats ruling — Life and health underwriting

The underwriting process is the assessment by the insurer of the risk presented by an applicant before it can enter a pool of insured risks. It is separate from the base price of an insurance product and designed to take account of each individual’s risk profile. If a particular applicant presents a higher risk to the pre-determined pool of standard risks he or she should be allocated to, the insurer will generally request an additional risk premium (‘ratings’). Insurers use application forms to collect information about risk factors, which range from a list of simple questions (simplified underwriting) to a fully detailed health questionnaire. The level of detail which is requested depends on several factors, including the product at issue and the amount insured. This process can also include a medical examination.

The present list contains examples of gender-related insurance practices which are allowed under Article 5(1) of the Directive, therefore not affected by the Test-Achats ruling. Generally speaking, it remains possible to reflect physiological differences between men and women in questions and tests and in interpretations of medical results. The examples below are without prejudice to national legislation which would regulate certain aspects not covered by the Directive.

| Application forms | Insurers are allowed to collect information on gender status and ask questions about gender-specific diseases. Application forms can include different relevant questions for each gender (excluding questions about pregnancy).
  For example, family history is a risk factor particularly relevant to certain products, such as critical illness insurance.
  A woman with a family history of breast cancer will generally pay an additional risk premium compared to a woman who has no such family history, because it is a key risk factor for a woman’s risk of developing this disease. There is however no reason to apply such additional premium to a man with the same family history, because the probability that he will suffer from breast cancer is very low. |
| --- | --- |
| Medical tests | Required medical tests are not necessarily the same for men and women, and it remains possible to use different tests by gender for insurance screening when necessary (mammograms, prostate screening, etc.).
  Insurers are also allowed to continue to use differentiated testing limits by gender to reflect different pre-test probabilities of disease. For example, ischemic heart disease (IHD) is primarily a male disease during the main insurance purchasing years and the incidence is very low in pre-menopausal women. Testing for IHD is therefore far more effective in men than in women. Taking this factor into account can avoid unnecessary testing. |
| Interpreting medical test results
  Different reference values
  Different prognoses for the same disease | Medical reference values/prognoses might differ between men and women, and gender therefore needs to be taken into account when interpreting medical results, e.g.:






  — | haemoglobin is a common test used to detect anaemia. The normal ranges are not the same for men and women, which means that a man and a woman presenting the same absolute result are not in the same situation from a medical point of view. It is therefore normal that results are assessed on the basis of the different ranges for men and women, |

Application forms

Insurers are allowed to collect information on gender status and ask questions about gender-specific diseases. Application forms can include different relevant questions for each gender (excluding questions about pregnancy).

For example, family history is a risk factor particularly relevant to certain products, such as critical illness insurance.

A woman with a family history of breast cancer will generally pay an additional risk premium compared to a woman who has no such family history, because it is a key risk factor for a woman’s risk of developing this disease. There is however no reason to apply such additional premium to a man with the same family history, because the probability that he will suffer from breast cancer is very low.

Medical tests

Required medical tests are not necessarily the same for men and women, and it remains possible to use different tests by gender for insurance screening when necessary (mammograms, prostate screening, etc.).

Insurers are also allowed to continue to use differentiated testing limits by gender to reflect different pre-test probabilities of disease. For example, ischemic heart disease (IHD) is primarily a male disease during the main insurance purchasing years and the incidence is very low in pre-menopausal women. Testing for IHD is therefore far more effective in men than in women. Taking this factor into account can avoid unnecessary testing.

Interpreting medical test results

Different reference values

Different prognoses for the same disease

Medical reference values/prognoses might differ between men and women, and gender therefore needs to be taken into account when interpreting medical results, e.g.:

—

haemoglobin is a common test used to detect anaemia. The normal ranges are not the same for men and women, which means that a man and a woman presenting the same absolute result are not in the same situation from a medical point of view. It is therefore normal that results are assessed on the basis of the different ranges for men and women,

| — | elevated creatinine levels are an indication for kidney disease. The reference values are not the same between men and women, men having higher levels of creatinine, because they have more skeletal muscle mass, |
| --- | --- |

—

elevated creatinine levels are an indication for kidney disease. The reference values are not the same between men and women, men having higher levels of creatinine, because they have more skeletal muscle mass,

| — | the prognostic value of haematuria (presence of blood cells in the urine) differs between men and women, because women might have false positive results from menstrual discharge, |
| --- | --- |

—

the prognostic value of haematuria (presence of blood cells in the urine) differs between men and women, because women might have false positive results from menstrual discharge,

| — | screening for coronary heart disease (CHD) is mostly done by exercise tests. As young women have a much lower pre-test likelihood than men to have CHD, positive results have to be interpreted taking gender into account, because such tests done on young women would generate more false positive results than results indicative of a genuine disease, |
| --- | --- |

—

screening for coronary heart disease (CHD) is mostly done by exercise tests. As young women have a much lower pre-test likelihood than men to have CHD, positive results have to be interpreted taking gender into account, because such tests done on young women would generate more false positive results than results indicative of a genuine disease,

| — | the same disease can have a different outcome by gender. This is for example the case for Alport syndrome, a hereditary form of kidney inflammation. Women with this disorder tend to have a normal life expectancy with their only symptom being haematuria while men are likely to experience deafness, visual disorders and kidney failure by the age of 50. |
| --- | --- |

—

the same disease can have a different outcome by gender. This is for example the case for Alport syndrome, a hereditary form of kidney inflammation. Women with this disorder tend to have a normal life expectancy with their only symptom being haematuria while men are likely to experience deafness, visual disorders and kidney failure by the age of 50.

Insurers are therefore allowed to differentiate their underwriting decision according to the gender-differentiated normal ranges advocated by the medical profession. Conditions or risk factors with impact on both sexes but which are associated with different severity or outcome may also continue to be differentiated during the underwriting process.

Physical differences

There are physical differences between men and women (for example in terms of skeletal muscle mass) which explain why the reference values, and therefore the cut-offs which are used to establish what is normal or abnormal, are not the same (see previous category). For example, men and women generally process alcohol differently and the safe alcohol consumption guidance is generally set by government on medical advice at different levels for the two genders. A particular level of consumption that is within the safe limit for one gender may be outside the safe limit and have a clinical risk for the other gender.

Benefits

Two persons diagnosed with the same illness will not necessarily receive the same treatment, because their gender might influence the treatment which is medically deemed the best for them. For example, some cancers (e.g. kidney cancer) can rely on hormones to grow and hormone treatment to inhibit cancer growth might be dependent on gender-specific hormones. They will therefore make different claims on their insurance policy to cover the medical treatment.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.1.2012 | EN | Official Journal of the European Union | C 11/12 |
| --- | --- | --- | --- |

13.1.2012

EN

Official Journal of the European Union

C 11/12

---

Euro exchange rates (1)

12 January 2012

2012/C 11/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2736 |
| JPY | Japanese yen | 97,92 |
| DKK | Danish krone | 7,4366 |
| GBP | Pound sterling | 0,83055 |
| SEK | Swedish krona | 8,8515 |
| CHF | Swiss franc | 1,2112 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6770 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,581 |
| HUF | Hungarian forint | 307,88 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6999 |
| PLN | Polish zloty | 4,4392 |
| RON | Romanian leu | 4,3490 |
| TRY | Turkish lira | 2,3545 |
| AUD | Australian dollar | 1,2303 |
| CAD | Canadian dollar | 1,2946 |
| HKD | Hong Kong dollar | 9,8933 |
| NZD | New Zealand dollar | 1,5985 |
| SGD | Singapore dollar | 1,6441 |
| KRW | South Korean won | 1 470,72 |
| ZAR | South African rand | 10,2610 |
| CNY | Chinese yuan renminbi | 8,0467 |
| HRK | Croatian kuna | 7,5450 |
| IDR | Indonesian rupiah | 11 681,89 |
| MYR | Malaysian ringgit | 3,9991 |
| PHP | Philippine peso | 56,076 |
| RUB | Russian rouble | 40,2930 |
| THB | Thai baht | 40,500 |
| BRL | Brazilian real | 2,2795 |
| MXN | Mexican peso | 17,2985 |
| INR | Indian rupee | 65,6160 |

Currency

Exchange rate

USD

US dollar

1,2736

JPY

Japanese yen

97,92

DKK

Danish krone

7,4366

GBP

Pound sterling

0,83055

SEK

Swedish krona

8,8515

CHF

Swiss franc

1,2112

ISK

Iceland króna

NOK

Norwegian krone

7,6770

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,581

HUF

Hungarian forint

307,88

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6999

PLN

Polish zloty

4,4392

RON

Romanian leu

4,3490

TRY

Turkish lira

2,3545

AUD

Australian dollar

1,2303

CAD

Canadian dollar

1,2946

HKD

Hong Kong dollar

9,8933

NZD

New Zealand dollar

1,5985

SGD

Singapore dollar

1,6441

KRW

South Korean won

1 470,72

ZAR

South African rand

10,2610

CNY

Chinese yuan renminbi

8,0467

HRK

Croatian kuna

7,5450

IDR

Indonesian rupiah

11 681,89

MYR

Malaysian ringgit

3,9991

PHP

Philippine peso

56,076

RUB

Russian rouble

40,2930

THB

Thai baht

40,500

BRL

Brazilian real

2,2795

MXN

Mexican peso

17,2985

INR

Indian rupee

65,6160

---

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

---

NOTICES FROM MEMBER STATES

| 13.1.2012 | EN | Official Journal of the European Union | C 11/13 |
| --- | --- | --- | --- |

13.1.2012

EN

Official Journal of the European Union

C 11/13

---

Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) 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. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5; OJ C 24, 26.1.2011, p. 6; OJ C 157, 27.5.2011, p. 8; OJ C 203, 9.7.2011, p. 16)

2012/C 11/03

The publication of reference amounts for the crossing of the external borders, as referred to in Article 5(3) 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 accordance 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 the Directorate-General for Home Affairs.

SWEDEN

Replacement of the information published in OJ C 247, 13.10.2006

As of 15 November 2011, the reference amount for crossing the border is set by Swedish legislation at an amount of SEK 450 per day.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 13.1.2012 | EN | Official Journal of the European Union | C 11/14 |
| --- | --- | --- | --- |

13.1.2012

EN

Official Journal of the European Union

C 11/14

---

Prior notification of a concentration

(Case COMP/M.6444 — Terrena/Lyonnaise des Eaux/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 11/04

| 1. | On 22 December 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Lyonnaise des Eaux France (‘LDE’, France) and Terrena (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘Terre’o’, France). |
| --- | --- |

1.

On 22 December 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Lyonnaise des Eaux France (‘LDE’, France) and Terrena (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘Terre’o’, France).

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






  — | LDE: the entire water cycle, from the production of drinking water up to the waste water treatment stage, customer management services (metering) and work on distribution installations and networks. LDE belongs to the GDF Suez group, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

LDE: the entire water cycle, from the production of drinking water up to the waste water treatment stage, customer management services (metering) and work on distribution installations and networks. LDE belongs to the GDF Suez group,

| — | Terrena: agri-food activities, vegetable production and specialised distribution, and animal and arable crop production. Terrena is an agricultural cooperative whose capital is held by some 18 500 farmers and other cooperatives, |
| --- | --- |

—

Terrena: agri-food activities, vegetable production and specialised distribution, and animal and arable crop production. Terrena is an agricultural cooperative whose capital is held by some 18 500 farmers and other cooperatives,

| — | Terre’o: management of the waste water treatment facilities and the water cycle of agri-food plants. |
| --- | --- |

—

Terre’o: management of the waste water treatment facilities and the water cycle of agri-food plants.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6444 — Terrena/Lyonnaise des Eaux/JV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6444 — Terrena/Lyonnaise des Eaux/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

OTHER ACTS

European Commission

| 13.1.2012 | EN | Official Journal of the European Union | C 11/16 |
| --- | --- | --- | --- |

13.1.2012

EN

Official Journal of the European Union

C 11/16

---

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 11/05

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

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘JAGNIĘCINA PODHALAŃSKA’

EC No: PL-PGI-0005-0837-12.11.2010

PGI ( X ) PDO ( )

1.   Name:

‘Jagnięcina podhalańska’

2.   Member State or third country:

Poland

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 protected geographical indication covers the following breeds of lamb: Polish mountain sheep, coloured mountain sheep and/or Podhale zackels. These breeds of sheep are not cross-bred.

A ‘Jagnięcina podhalańska’ is a lamb which is not more than 60 days old. These are suckling lamb carcasses weighing between 4 kg and 8 kg.

‘Jagnięcina podhalańska’ has the following properties:

| 1. | organoleptic properties,






  — | light pink colouring, |
| --- | --- | --- |

1.

organoleptic properties,

—

light pink colouring,

| — | a soft, elastic structure, |
| --- | --- |

—

a soft, elastic structure,

| — | delicate flavour, succulent, |
| --- | --- |

—

delicate flavour, succulent,

| — | a characteristic aroma which is similar to game (to venison in particular), |
| --- | --- |

—

a characteristic aroma which is similar to game (to venison in particular),

| — | minimal carcass fat — fat class 1 in the EUROP system, |
| --- | --- |

—

minimal carcass fat — fat class 1 in the EUROP system,

| — | a small quantity of white kidney fat (30 g to 40 g); |
| --- | --- |

—

a small quantity of white kidney fat (30 g to 40 g);

| 2. | physico-chemical properties:






  — | average total protein content: from 18 % to 23 %, |
| --- | --- | --- |

2.

physico-chemical properties:

—

average total protein content: from 18 % to 23 %,

| — | average dry matter content: from 20 % to 25 %, |
| --- | --- |

—

average dry matter content: from 20 % to 25 %,

| — | average crude fat content: from 1,25 % to 2,2 %. |
| --- | --- |

—

average crude fat content: from 1,25 % to 2,2 %.

3.3.   Raw materials (for processed products only):

—

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

Lambs are fed solely with their mother's milk.

In summer and autumn the sheep are grazed in mountain pastures, green fodder forming the basis of their diet. In winter and early spring the sheep are fed hay, hay silage and concentrated feed. With the exception of concentrated feed, feed must come from the geographical area defined in point 4.

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

Lambs must be born in the area defined in point 4 and raised there until such time as they reach the requisite age and body weight.

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

—

3.7.   Specific rules concerning labelling:

—

4.   Concise definition of the geographical area:

In Silesia province: Cieszyn district, Istebna municipality;

Żywiec district: Milówka, Węgierska Górka, Rajcza, Ujsoły, Jeleśnia and Koszarawa municipalities.

In Lesser Poland province: the whole of Nowotarski district and the whole of Tatrzański district;

Sucha district: Zawoja, Bystra and Sidzina municipalities;

in Limanowa district: Niedźwiedź and the part of Kamienica which is situated within the Gorce National Park or south of the River Kamienica, and the following civil parishes in Mszana Dolna municipality: Olszówka, Raba Niżna, Łostówka, Łętowe and Lubomierz;

Nowy Sącz district: Piwniczna, Muszyna and Krynica municipalities.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

5.1.1.   Natural factors

The area defined in point 4 forms part of the Western Carpathians, which includes the Tatras, Beskids, Pieniny and Gorce. The area in which ‘Jagnięcina podhalańska’ is bred is larger than the Podhale area in its present configuration; this name refers to the microregion which forms the centre of the whole production area. This is a coherent area in historical, ethnic, cultural and geographical terms. The unique method by which sheep are reared in this area was developed over centuries and forms an integral part of the region's landscape and culture.

The region suffers from a harsh climate with a low average temperature of around 5 °C, lengthy snow cover and significant precipitation ranging from 900 mm to 1 200 mm. Thermal conditions relating to the lie of the land are an important feature of the climate. The high altitude of the area results in cooler temperatures.

The Podhale area is home to a wealth of unique vegetation, including both native and imported plant species. Podhale is the only part of Poland in which the following plants can be found: Delphinium oxysepalum, Linum extraaxillare, Gentiana nivalis, Gentiana clusii, Saussurea alpina, Saxifraga hieracifolia, Viola alpina, Campanula alpina, Anthyllis alpestris, Hieracium villosum and Astragalus penduliflorus.

The Pilsko massif (1 557 metres altitude) in the Żywiec Landscape Park, on which a subalpine zone has formed, as in the Tatras, is one of the most unspoilt areas in Poland. The subalpine zone extends from an altitude of around 1 400 metres to the summit of Pilsko.

Polish mountain sheep, coloured mountain sheep and Podhale zackels are grazed in the area indicated in point 4. Only lambs of these breeds, reared with mothers raised by traditional methods, are used for the production of ‘Jagnięcina podhalańska’. The sheep are grazed in mountain pastures throughout the season, from the end of April to the beginning of October. Lambing takes place continually throughout the year. Lambs born during the winter months are kept in the sheepfold throughout the rearing process. When the mothers are taken out to pasture, the lambs are kept separately. Lambs born during the spring may accompany their mothers to grazing if the weather permits.

Grazing must take place within the area defined in point 4.

The Podhale zackel is a breed whose appearance in the area defined in point 4 coincided with the migration of the Vlach shepherding tribes across the Carpathian mountains, which started in the 14th century and ended at the Moravian Gate in the 16th century. Podhale zackels are versatile, well adapted to the region's harsh climate and resistant to disease. They have a strong herd instinct and produce excellent meat.

The Polish mountain sheep evolved from the Podhale zackel, the Carpathian zackel from Transylvania and the East Frisian. Breeding improved the body weight of adult ewes, the yield and quality of their wool and their milk yield. The improvement in the breed's productive parameters was combined with characteristics which make it ideally suited to the difficult climate: sound health, longevity, disease resistance and its good — for the conditions in which it is reared — milk yield and fertility. It has also been possible to maintain the quality and characteristics of the lambs' meat. Polish mountain sheep have a white coat. Coloured mountain sheep have a dark-brown coat which turns grey or russet with time.

5.1.2.   Historical factors and human skills

The arrival of the Vlach tribes marked a profound change in the agricultural economy of the whole region and the start of sheep, goat and cattle breeding in the area. The Vlachs brought with them skills associated with the production of milk, cheese, wool and leather. The oldest written reference to the Vlachs can be found in the 15th century work ‘The Life of Saint Kinga of Poland’ by Jan Długosz. A report produced in 1564 refers to the Vlachs grazing sheep in the Lanckorona district of the Żywiec region and in the Duchies of Oświęcim and Zator. Documents from Podhale dating from the end of the 16th century refer to authorisations to graze sheep freely in mountain pastures, indicating that herds were already in the area at that time.

Local breeders of ‘Jagnięcina podhalańska’ work exclusively with the breeds referred to in point 5.1.1, as these animals are genetically well adapted to the harsh mountain climate and are the result of many generations of natural selection. The ability to work with these breeds is closely associated with the experience acquired by local breeders. These breeds are native to the Podhale area, as stated in the eight-volume 1960 publication ‘Pasterstwo Tatr Polskich i Podhala’. Another characteristic grazing practice is the ‘redyk’, whereby sheep are taken up to mountain pastures and brought back down; this facilitates muscle development and boosts their immune system. The ‘redyk’ also means that the sheep eat a plant diet which changes according to the subalpine area in which grazing takes place, thus ensuring a varied diet which provides a wide range of nutrients. The know-how of the local highlanders and the well established rules by which sheep are reared are reflected in the quality of ‘Jagnięcina podhalańska’. The production of ‘Jagnięcina podhalańska’ forms an integral part of the local culture and the traditional methods of rearing sheep help to bind together different generations and preserve the community's unique identity, dialect, culture, art and traditions.

5.2.   Specificity of the product:

‘Jagnięcina podhalańska’ is noted for its low carcass fat and its exceptional succulence, which is related to the intramuscular fat content or marbling. The meat is also distinguished by its light pink colour and its soft but elastic structure. The most characteristic and distinctive feature of ‘Jagnięcina podhalańska’ is its specific taste and aroma which is similar to game (and in particular to the aroma of venison).

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

The link between ‘Jagnięcina podhalańska’ and the region is based on the product's characteristics, which are associated with its geographical origin and reputation.

The characteristics of ‘Jagnięcina podhalańska’ are derived from the rearing method. The lambs are reared extensively with optimal use of pasture exclusively in the area referred to in point 4. The rearing method involves constant transhumance, except during winter. The grazing method ensures the product’s specific character, since the mothers feed on diverse, unique vegetation in areas which are not used intensively, and this affects the milk with which the lambs are fed and thereby the characteristics of ‘Jagnięcina podhalańska’. During winter, when the sheep are kept in confinement, they are fed hay and hay silage from the geographical area defined in point 4. In view of the above, the mothers are fed roughage with a similar botanical composition throughout the year.

The genetic make-up of the breeds traditionally used to produce ‘Jagnięcina podhalańska’, coupled with the specific natural conditions prevailing in the region, has a decisive impact on the negligible fat content of the lambs' meat. The method used to feed the lambs, based solely on their mothers' milk, also helps to account for the meat's low fat content. The natural conditions prevailing in the area and, in particular, the exceptional vegetation used to feed the sheep, affect the quality and nutritional value of the mothers' milk. This is directly reflected in the specific taste of the meat and its gamey aroma, which is the most distinctive characteristic of ‘Jagnięcina podhalańska’. The unique qualities of the vegetation native to the region are passed on to the lambs in their mothers' milk. The original genotype which characterises the breeds used to produce ‘Jagnięcina podhalańska’ also contributes to its specific taste.

‘Jagnięcina podhalańska’ owes its exceptional succulence to its marbling, i.e. intramuscular fat. During cooking this fat melts but remains within the meat and makes it succulent. The meat juices comprise substances conveying taste and aroma. The volatile substances contained in the fat are the main components of taste and aroma. Apart from the animal's young age, it is the composition of ‘Jagnięcina podhalańska’s’ diet which essentially determines these characteristics.

Reputation of the product

‘Jagnięcina podhalańska’ is highly prized by Polish and foreign consumers alike. The strong image of ‘Jagnięcina podhalańska’ among consumers is based on the long tradition of sheep farming in the region. The tradition, several hundred years old, of grazing mountain sheep, thereby building a strong ‘brand’, means that domestic consumers identify ‘Jagnięcina podhalańska’ with the region in which it originates. Consumer awareness of the deeply rooted tradition of pastoral farming and the popularity of the highland ethos have contributed further to the reputation of ‘Jagnięcina podhalańska’.

One of Poland's most popular high mountain areas is located within the region, and this has further raised the profile of the region's produce. Consumers have been aware for many years that the whole area enjoys a clean natural environment with unique vegetation, and that this is reflected in the quality of ‘Jagnięcina podhalańska’. The very first map of Cieszyn Silesia, published in 1724, identifies 50 shepherd's huts and the second edition of the map enjoins the reader to visit the mountainous part of the Duchy of Cieszyn and enjoy the health-giving properties of ewe's milk, particularly in May, when the herbs are at their most effective. In view of consumer awareness of the positive impact on the product of the area's unspoilt natural environment and its good reputation, people are prepared to pay higher prices for ‘Jagnięcina podhalańska’.

Consumers particularly value ‘Jagnięcina podhalańska’ for its exceptional and specific aroma and delicately flavoured meat. As a result of the quality, taste and dietetic properties of ‘Jagnięcina podhalańska’ it has become a highland speciality.

The reputation of ‘Jagnięcina podhalańska’ is confirmed by the ‘Perła’ first prize awarded to this product in the nationwide ‘Our Culinary Heritage’ competition in 2008.

The reputation of ‘Jagnięcina podhalańska’ is reflected in the higher prices charged for it in comparison with lamb from other regions. The price obtained by producers for ‘Jagnięcina podhalańska’ is approximately 10-20 % higher than for lamb from other parts of Poland.

Reference to publication of the specification:

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

http://www.minrol.gov.pl/index.php?/pol/Jakosc-zywnosci/Produkty-regionalne-i-tradycyjne/Zlozone-wnioski-o-rejestracje-Produkty-regionalne-i-tradycyjne

---

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

---

| 13.1.2012 | EN | Official Journal of the European Union | C 11/21 |
| --- | --- | --- | --- |

13.1.2012

EN

Official Journal of the European Union

C 11/21

---

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension

Request from a contracting entity

2012/C 11/06

On 26 October 2011, the Commission received a request pursuant to Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).

This request, from the Bundesverband der Energie- und Wasserwirtschaft e.V. (Federal Association of the Energy and Water Industry) on behalf of the contracting entities in that sector, concerns electricity production and wholesale in Germany. It was published in OJ C 337, 18.11.2011, p. 7. The initial deadline was 27 January 2012.

Given that the Commission needs to obtain and analyse additional information, and in accordance with the second sentence of Article 30(6), the period granted to the Commission for deciding on this request is hereby extended by three months.

The final deadline is therefore 27 April 2012.

---

(1)  OJ L 134, 30.4.2004, p. 1.

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| 13.1.2012 | EN | Official Journal of the European Union | C 11/22 |
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13.1.2012

EN

Official Journal of the European Union

C 11/22

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Notice concerning a request under Article 30 of Directive 2004/17/EC — Withdrawal

Request from a contracting entity

2012/C 11/07

On 19 July 2011, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).

This request from RWE Gas Storage, s.r.o. is in relation to gas storage in the Czech Republic. It was published in OJ C 228, 3.8.2011, p. 9. The initial deadline was 20 October 2011. This was extended to 20 January 2012 and the extension was published in OJ C 301, 12.10.2011, p. 12.

On 21 December 2011, the applicant withdrew the request, which is to be considered null and void. There is therefore no reason to decide whether Article 30(1) applies to these sectors in the Czech Republic. Directive 2004/17/EC therefore continues to apply when contracting entities award contracts concerning gas storage in the Czech Republic and when they organise competitive tendering for the pursuit of such an activity in this geographical area.

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(1)  OJ L 134, 30.4.2004, p. 1.

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