# Official Journal C 345/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.345.eng |
| --- | --- |
| Official Journal
  of the European Union | C 345 |
| | |
| English edition | Information and Notices | Volume 5425 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.345.eng

Official Journal

of the European Union

C 345

English edition

Information and Notices

Volume 5425 November 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2011/C 345/01 | Contribution of the XLVI COSAC — Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) — Warsaw, 2-4 October 2011 | 1 |
| | European Commission |
| 2011/C 345/02 | Euro exchange rates | 4 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 345/03 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 5 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2011/C 345/01

Contribution of the XLVI COSAC — Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) — Warsaw, 2-4 October 2011

1

European Commission

2011/C 345/02

Euro exchange rates

4

NOTICES FROM MEMBER STATES

2011/C 345/03

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

5

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 345/04 | Notice of initiation of an anti-dumping proceeding concerning imports of bioethanol originating in the United States of America | 7 |
| 2011/C 345/05 | Notice of initiation of an anti-subsidy proceeding concerning imports of bioethanol originating in the United States of America | 13 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 345/06 | Prior notification of a concentration (Case COMP/M.6369 — HBO/Ziggo/HBO Nederland) (
  1
  ) | 18 |
| | OTHER ACTS |
| | European Commission |
| 2011/C 345/07 | 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 | 19 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 345/04

Notice of initiation of an anti-dumping proceeding concerning imports of bioethanol originating in the United States of America

7

2011/C 345/05

Notice of initiation of an anti-subsidy proceeding concerning imports of bioethanol originating in the United States of America

13

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 345/06

Prior notification of a concentration (Case COMP/M.6369 — HBO/Ziggo/HBO Nederland) (
  1
  )

1

18

OTHER ACTS

European Commission

2011/C 345/07

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

19

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

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(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

| 25.11.2011 | EN | Official Journal of the European Union | C 345/1 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/1

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CONTRIBUTION OF THE XLVI COSAC

Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC)

Warsaw, 2-4 October 2011

2011/C 345/01

1.   Multiannual Financial Framework

| 1.1. | Having regard to the ongoing economic and financial crisis in some Member States; to the problems of excessive budget deficits forcing a number of Member States to implement far-reaching austerity programmes; to social unrest feeding euroscepticism on the one hand, and the growing needs and challenges related to sustainable economic development of the European Union, the implementation of the Europe 2020 Strategy, and to keeping up with global competition on the other hand; COSAC supports the efforts of the EU institutions resulting in the proposed Multiannual Financial Framework for 2014-2020, which will provide a basis for debate and decision in the European Union. However, the result of the discussion has to take into account national budget frameworks and national budget strategies. |
| --- | --- |

1.1.

Having regard to the ongoing economic and financial crisis in some Member States; to the problems of excessive budget deficits forcing a number of Member States to implement far-reaching austerity programmes; to social unrest feeding euroscepticism on the one hand, and the growing needs and challenges related to sustainable economic development of the European Union, the implementation of the Europe 2020 Strategy, and to keeping up with global competition on the other hand; COSAC supports the efforts of the EU institutions resulting in the proposed Multiannual Financial Framework for 2014-2020, which will provide a basis for debate and decision in the European Union. However, the result of the discussion has to take into account national budget frameworks and national budget strategies.

| 1.2. | COSAC considers it necessary to simplify and increase the transparency of the rules and procedures related to the accumulation, allocation and utilisation of the European Union’s own resources and encourages the EU institutions to take appropriate measures in this area. National Parliaments and the European Parliament will consider the merits of these specific measures in due course. |
| --- | --- |

1.2.

COSAC considers it necessary to simplify and increase the transparency of the rules and procedures related to the accumulation, allocation and utilisation of the European Union’s own resources and encourages the EU institutions to take appropriate measures in this area. National Parliaments and the European Parliament will consider the merits of these specific measures in due course.

| 1.3. | COSAC has been carefully analysing proposals for the establishment of different types of European taxes which would provide a new source of revenue for the EU budget. COSAC takes the view that, in the period of recovery from the crisis, new instruments should not impose an increased financial burden on the private sector or on individuals. In certain cases, such measures could also distort the level playing field between EU entities and their global competitors. |
| --- | --- |

1.3.

COSAC has been carefully analysing proposals for the establishment of different types of European taxes which would provide a new source of revenue for the EU budget. COSAC takes the view that, in the period of recovery from the crisis, new instruments should not impose an increased financial burden on the private sector or on individuals. In certain cases, such measures could also distort the level playing field between EU entities and their global competitors.

| 1.4. | In the light of the complexity of current circumstances and the number of problems relating to the need to improve the planning, approval and performance of future EU budgets, COSAC encourages the competent institutions to accelerate the legislative work in this area and, where possible, to undertake more frequent and extensive social consultations. |
| --- | --- |

1.4.

In the light of the complexity of current circumstances and the number of problems relating to the need to improve the planning, approval and performance of future EU budgets, COSAC encourages the competent institutions to accelerate the legislative work in this area and, where possible, to undertake more frequent and extensive social consultations.

| 1.5. | COSAC encourages the EU institutions to negotiate and adopt the Multiannual Financial Framework for 2014-2020 that will enable the medium and long-term EU policies to be fully implemented in compliance with the European principle of solidarity and with regard to the ongoing economic and financial crisis. In this context COSAC stresses that the cohesion policy together with a fair and equitable common agricultural policy are essential instruments and play an important role in fostering solidarity, reducing economic and social disparities among the Member States and achieving EU strategic goals. They should remain focused on further growth and development of the least developed regions. |
| --- | --- |

1.5.

COSAC encourages the EU institutions to negotiate and adopt the Multiannual Financial Framework for 2014-2020 that will enable the medium and long-term EU policies to be fully implemented in compliance with the European principle of solidarity and with regard to the ongoing economic and financial crisis. In this context COSAC stresses that the cohesion policy together with a fair and equitable common agricultural policy are essential instruments and play an important role in fostering solidarity, reducing economic and social disparities among the Member States and achieving EU strategic goals. They should remain focused on further growth and development of the least developed regions.

| 1.6. | COSAC emphasizes the particular importance of EU funding for projects of European interest which may not attract sufficient funding from the private sector alone but are essential for achieving the EU policy objectives of a well-functioning internal market. |
| --- | --- |

1.6.

COSAC emphasizes the particular importance of EU funding for projects of European interest which may not attract sufficient funding from the private sector alone but are essential for achieving the EU policy objectives of a well-functioning internal market.

| 1.7. | COSAC welcomes the announcement of the Polish Presidency to organise a conference on the Multiannual Financial Framework on 20-21 October 2011. COSAC also welcomes the Presidency’s intention to invite representatives of national Parliaments and stresses the importance of an early involvement of national Parliaments. |
| --- | --- |

1.7.

COSAC welcomes the announcement of the Polish Presidency to organise a conference on the Multiannual Financial Framework on 20-21 October 2011. COSAC also welcomes the Presidency’s intention to invite representatives of national Parliaments and stresses the importance of an early involvement of national Parliaments.

| 1.8. | COSAC encourages the EU institutions to include the objective of improving the accountability and transparency of the management of EU funds during the negotiations on the Multiannual Financial Framework. COSAC calls on Member States, with due regard to the position of the European Commission, to improve accountability and transparency of the spending of EU funds at the national level. |
| --- | --- |

1.8.

COSAC encourages the EU institutions to include the objective of improving the accountability and transparency of the management of EU funds during the negotiations on the Multiannual Financial Framework. COSAC calls on Member States, with due regard to the position of the European Commission, to improve accountability and transparency of the spending of EU funds at the national level.

2.   Two years after the entry into force of the Treaty of Lisbon — parliamentary experience

| 2.1. | COSAC notes with satisfaction its first debate on the evaluation of parliamentary experience and best practices two years after the entry into force of the Treaty of Lisbon. |
| --- | --- |

2.1.

COSAC notes with satisfaction its first debate on the evaluation of parliamentary experience and best practices two years after the entry into force of the Treaty of Lisbon.

| 2.2. | COSAC welcomes the active involvement of national Parliaments in subsidiarity checks under Protocol 2 on the application of the principles of subsidiarity and proportionality of the Treaty of Lisbon. National Parliaments have taken different points of view on the practical implementation of the principle of subsidiarity. COSAC believes that national Parliaments and the EU institutions should actively exchange information and their existing practices on the application of Protocol 2, and that its application should become more specific as part of a continuous dialogue between all the parties concerned. |
| --- | --- |

2.2.

COSAC welcomes the active involvement of national Parliaments in subsidiarity checks under Protocol 2 on the application of the principles of subsidiarity and proportionality of the Treaty of Lisbon. National Parliaments have taken different points of view on the practical implementation of the principle of subsidiarity. COSAC believes that national Parliaments and the EU institutions should actively exchange information and their existing practices on the application of Protocol 2, and that its application should become more specific as part of a continuous dialogue between all the parties concerned.

| 2.3. | In accordance with Article 5 of Protocol 2, COSAC underlines that for national Parliaments to exercise the powers vested in them it is necessary to enable the financial effects of EU draft legislative acts to be evaluated, and, in the case of Directives, the implications for national legal systems also to be evaluated. Moreover, COSAC recalls that EU draft legislative acts should be justified on the basis of qualitative and quantitative indicators. COSAC notes that subsidiarity analyses in the Commission’s explanatory memoranda have, to date, not met the requirements of Article 5. |
| --- | --- |

2.3.

In accordance with Article 5 of Protocol 2, COSAC underlines that for national Parliaments to exercise the powers vested in them it is necessary to enable the financial effects of EU draft legislative acts to be evaluated, and, in the case of Directives, the implications for national legal systems also to be evaluated. Moreover, COSAC recalls that EU draft legislative acts should be justified on the basis of qualitative and quantitative indicators. COSAC notes that subsidiarity analyses in the Commission’s explanatory memoranda have, to date, not met the requirements of Article 5.

| 2.4. | COSAC notes the concerns of national Parliaments with the quality and independent nature of impact assessments of EU draft legislative acts which at times are considered to be schematic and not satisfactory in substance. COSAC draws attention to the suggestion by a number of national Parliaments to have the full text of impact assessments translated into all official languages of the EU. |
| --- | --- |

2.4.

COSAC notes the concerns of national Parliaments with the quality and independent nature of impact assessments of EU draft legislative acts which at times are considered to be schematic and not satisfactory in substance. COSAC draws attention to the suggestion by a number of national Parliaments to have the full text of impact assessments translated into all official languages of the EU.

| 2.5. | COSAC welcomes the debate it held on the cooperation of national Parliaments with the European Commission. COSAC requests the European Commission to take the results of the debate into account in the Commission’s own evaluation of the state of the Union and in the preparation of the Commission’s Work Programmes. |
| --- | --- |

2.5.

COSAC welcomes the debate it held on the cooperation of national Parliaments with the European Commission. COSAC requests the European Commission to take the results of the debate into account in the Commission’s own evaluation of the state of the Union and in the preparation of the Commission’s Work Programmes.

| 2.6. | In principle COSAC is satisfied with national Parliaments’ close and open cooperation with the European Commission, established under the Treaty of Lisbon. The informal political dialogue between the European Commission and national Parliaments will contribute to strengthening the parliamentary dimension in the EU decision process. However, COSAC notes that pursuant to Article 6 of Protocol 2, reasoned opinions submitted must state why the draft in question does not comply with the principle of subsidiarity, rather than why it does. |
| --- | --- |

2.6.

In principle COSAC is satisfied with national Parliaments’ close and open cooperation with the European Commission, established under the Treaty of Lisbon. The informal political dialogue between the European Commission and national Parliaments will contribute to strengthening the parliamentary dimension in the EU decision process. However, COSAC notes that pursuant to Article 6 of Protocol 2, reasoned opinions submitted must state why the draft in question does not comply with the principle of subsidiarity, rather than why it does.

| 2.7. | COSAC calls upon the European Commission to provide more precise and substantive replies to reasoned opinions on EU draft legislative acts. Many national Parliaments consider that the European Commission’s replies should focus to a greater extent on specific doubts expressed in reasoned opinions submitted by national Parliaments. COSAC requests the European Commission to take the necessary steps to ensure that her replies to reasoned opinions or contributions within the scope of the informal political dialogue are transmitted within three months. |
| --- | --- |

2.7.

COSAC calls upon the European Commission to provide more precise and substantive replies to reasoned opinions on EU draft legislative acts. Many national Parliaments consider that the European Commission’s replies should focus to a greater extent on specific doubts expressed in reasoned opinions submitted by national Parliaments. COSAC requests the European Commission to take the necessary steps to ensure that her replies to reasoned opinions or contributions within the scope of the informal political dialogue are transmitted within three months.

| 2.8. | COSAC notes the concerns voiced by numerous national Parliaments, some of them in reasoned opinions, that the powers granted to the European Commission to regulate by means of delegated acts are too extensive. COSAC notes that this may lead to a situation where essential elements of an area, reserved for the EU draft legislative acts, will be outside the scope of control of national Parliaments. |
| --- | --- |

2.8.

COSAC notes the concerns voiced by numerous national Parliaments, some of them in reasoned opinions, that the powers granted to the European Commission to regulate by means of delegated acts are too extensive. COSAC notes that this may lead to a situation where essential elements of an area, reserved for the EU draft legislative acts, will be outside the scope of control of national Parliaments.

| 2.9. | Having regard to further interparliamentary cooperation, COSAC stresses the importance of intensified communication as part of the dialogue and exchange of information and best practice between the European Affairs Committees of national Parliaments of the EU Member States and with the European Parliament. |
| --- | --- |

2.9.

Having regard to further interparliamentary cooperation, COSAC stresses the importance of intensified communication as part of the dialogue and exchange of information and best practice between the European Affairs Committees of national Parliaments of the EU Member States and with the European Parliament.

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European Commission

| 25.11.2011 | EN | Official Journal of the European Union | C 345/4 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/4

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Euro exchange rates (1)

24 November 2011

2011/C 345/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3373 |
| JPY | Japanese yen | 103,07 |
| DKK | Danish krone | 7,4370 |
| GBP | Pound sterling | 0,86060 |
| SEK | Swedish krona | 9,2440 |
| CHF | Swiss franc | 1,2268 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8310 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,693 |
| HUF | Hungarian forint | 309,93 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6987 |
| PLN | Polish zloty | 4,4905 |
| RON | Romanian leu | 4,3570 |
| TRY | Turkish lira | 2,4911 |
| AUD | Australian dollar | 1,3697 |
| CAD | Canadian dollar | 1,3964 |
| HKD | Hong Kong dollar | 10,4237 |
| NZD | New Zealand dollar | 1,7971 |
| SGD | Singapore dollar | 1,7474 |
| KRW | South Korean won | 1 541,46 |
| ZAR | South African rand | 11,2962 |
| CNY | Chinese yuan renminbi | 8,5159 |
| HRK | Croatian kuna | 7,4950 |
| IDR | Indonesian rupiah | 12 280,94 |
| MYR | Malaysian ringgit | 4,2566 |
| PHP | Philippine peso | 58,346 |
| RUB | Russian rouble | 41,9912 |
| THB | Thai baht | 41,817 |
| BRL | Brazilian real | 2,4851 |
| MXN | Mexican peso | 18,8252 |
| INR | Indian rupee | 69,5860 |

Currency

Exchange rate

USD

US dollar

1,3373

JPY

Japanese yen

103,07

DKK

Danish krone

7,4370

GBP

Pound sterling

0,86060

SEK

Swedish krona

9,2440

CHF

Swiss franc

1,2268

ISK

Iceland króna

NOK

Norwegian krone

7,8310

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,693

HUF

Hungarian forint

309,93

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6987

PLN

Polish zloty

4,4905

RON

Romanian leu

4,3570

TRY

Turkish lira

2,4911

AUD

Australian dollar

1,3697

CAD

Canadian dollar

1,3964

HKD

Hong Kong dollar

10,4237

NZD

New Zealand dollar

1,7971

SGD

Singapore dollar

1,7474

KRW

South Korean won

1 541,46

ZAR

South African rand

11,2962

CNY

Chinese yuan renminbi

8,5159

HRK

Croatian kuna

7,4950

IDR

Indonesian rupiah

12 280,94

MYR

Malaysian ringgit

4,2566

PHP

Philippine peso

58,346

RUB

Russian rouble

41,9912

THB

Thai baht

41,817

BRL

Brazilian real

2,4851

MXN

Mexican peso

18,8252

INR

Indian rupee

69,5860

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

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NOTICES FROM MEMBER STATES

| 25.11.2011 | EN | Official Journal of the European Union | C 345/5 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/5

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2011/C 345/03

Aid No: SA.33862 (11/XA)

Member State: Belgium

Region: Vlaams Gewest

Title of aid scheme or name of company receiving an individual aid: Bio zoekt Boer voor de periode 1 november 2011-31 december 2012, BB Projecten vzw/Innovatiesteunpunt voor Land- en Tuinbouw vzw Innovatiesteunpunt, Diestsevest 40, 3000 Leuven

Legal basis: Ministerieel Besluit tot toekenning van een subsidie aan BB Projecten vzw/Innovatiesteunpunt voor Land- en Tuinbouw vzw Innovatiesteunpunt vzw voor het project „Bio zoekt Boer” voor de periode 1 november 2011 tot en met 31 december 2012 (zie bijlage).

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,13 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 15 November 2011-31 December 2012

Objective of aid: Technical support (Article 15 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Agriculture, forestry and fishing

Name and address of the granting authority:

| Departement Landbouw en Visserij |
| --- |
| Afdeling Duurzame Landbouwontwikkeling |
| Koning Albert II-laan 35, bus 40 |
| 1030 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Departement Landbouw en Visserij

Afdeling Duurzame Landbouwontwikkeling

Koning Albert II-laan 35, bus 40

1030 Bruxelles/Brussel

BELGIQUE/BELGIË

Website: http://lv.vlaanderen.be/nlapps/docs/default.asp?id=1914

Other information: —

Aid No: SA.33873 (11/XA)

Member State: United Kingdom

Region: Scotland

Title of aid scheme or name of company receiving an individual aid: Small Scale Agricultural Aid Scheme (SSAAS)

Legal basis: Sections 4 & 6 of the Small Landholders (Scotland) Act 1911.

CR 1857/2006, Chapter 2, Categories of Aid, Article 4, Investment in agricultural holdings.

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

| | Overall amount of the ad hoc aid awarded to the undertaking: GBP 0 million |
| --- | --- |

Overall amount of the ad hoc aid awarded to the undertaking: GBP 0 million

| | Annual overall amount of the budget planned under the scheme: GBP 0,50 million |
| --- | --- |

Annual overall amount of the budget planned under the scheme: GBP 0,50 million

Maximum aid intensity: 50 %

Date of implementation: —

Duration of scheme or individual aid award: 18 November 2011-31 December 2012

Objective of aid: Investment in agricultural holdings (Article 4 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Agriculture, forestry and fishing

Name and address of the granting authority:

| Crofting Counties Agricultural Grants (Scotland) Scheme (CCAGS) |
| --- |
| C1 Spur |
| Saughton House |
| Broomhouse |
| UNITED KINGDOM |

Crofting Counties Agricultural Grants (Scotland) Scheme (CCAGS)

C1 Spur

Saughton House

Broomhouse

UNITED KINGDOM

Website: http://www.scotland.gov.uk/Topics/farmingrural/Agriculture/grants/BDandM/SSAAS

Other information: —

Aid No: SA.33885 (11/XA)

Member State: Italy

Region: Campania

Title of aid scheme or name of company receiving an individual aid: consulenza tecnica agli allevamenti finalizzata al miglioramento delle condizioni di biosicurezza aziendale

Legal basis: DPCM 3 agosto 2007 e successivo decreto del Presidente del Consiglio dei Ministri 4 luglio 2008;

OPCM 21 dicembre 2007 n. 3634 modificata con OPCM 28 maggio 2008 n. 3675 e OPCM 3829 del 27 novembre 2009;

OPCM n. 3697 del 1o ottobre 2011 — Proroga delle attività comm

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 1 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 1 January 2012-31 December 2013

Objective of aid: Technical support (Article 15 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Raising of other cattle and buffaloes

Name and address of the granting authority:

| Commissariato di Governo per l’Emergenza brucellosi negli allevamenti bufalini in provincia di Caser |
| --- |
| presso IZSM via Iervolino 17 |
| fraz. Tuoro |
| 81029 Caserta CE |
| ITALIA |
| E-mail: caserta@cert.izsmportici.it |

Commissariato di Governo per l’Emergenza brucellosi negli allevamenti bufalini in provincia di Caser

presso IZSM via Iervolino 17

fraz. Tuoro

81029 Caserta CE

ITALIA

E-mail: caserta@cert.izsmportici.it

Website: http://www.sito.regione.campania.it/agricoltura/brucellosi/brucellosi.html

Other information: —

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 25.11.2011 | EN | Official Journal of the European Union | C 345/7 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/7

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Notice of initiation of an anti-dumping proceeding concerning imports of bioethanol originating in the United States of America

2011/C 345/04

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of bioethanol, originating in the United States of America, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 12 October 2011 by the European Producers Union of Renewable Ethanol Association ePURE (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 % of the total Union production of the product under investigation, as defined below under point 2.

2.   Product under investigation

The product subject to this investigation is bioethanol, sometimes referred to as ‘fuel ethanol’, i.e. ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union), denatured or undenatured, excluding products with a water content of more than 0,3 % (m/m) measured according to the standard EN 15376, as well as ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union) contained in blends with gasoline with an ethyl alcohol content of more than 10 % (v/v) (‘the product under investigation’).

3.   Allegation of dumping
   (2)

The product allegedly being dumped is the product under investigation, originating in the United States of America (‘the country concerned’), currently falling within CN codes ex 2207 10 00, ex 2207 20 00, ex 2208 90 99, ex 2710 11 11, ex 2710 11 15, ex 2710 11 21, ex 2710 11 25, ex 2710 11 31, ex 2710 11 41, ex 2710 11 45, ex 2710 11 49, ex 2710 11 51, ex 2710 11 59, ex 2710 11 70, ex 2710 11 90, ex 3814 00 10, ex 3814 00 90, ex 3820 00 00 and ex 3824 90 97. These CN codes are given for information only.

The allegation of dumping for the country concerned is based on a comparison of domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margin calculated is significant for the country concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether this dumping has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the country concerned

(a)   Sampling

In view of the potentially large number of exporting producers in the country concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’) from 1 October 2010 till 30 September 2011 for each of the 27 Member States (4) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’) from 1 October 2010 till 30 September 2011 for each of the 27 Member States (4) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the period 1 October 2010 till 30 September 2011, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the period 1 October 2010 till 30 September 2011,

| — | the precise activities of the company worldwide with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product under investigation,

| — | the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

The exporting producers should also indicate whether, in the event that they are not selected to be in the sample, they would like to receive a questionnaire in order to fill it in and thus claim an individual dumping margin in accordance with section (b) below.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

The completed questionnaire will contain information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

Companies that had agreed to their possible inclusion in the sample, but were not selected to be in the sample, shall be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from the non-sampled cooperating exporting producers, will not exceed the weighted average margin of dumping established for the exporting producers in the sample (6).

(b)   Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire in accordance with section (a) above and return them duly completed within the deadlines specified in the following sentence and in section 5.1.2.2 below. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Investigating unrelated importers
   (7)
   (8)

In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties should do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the precise activities of the company with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company with regard to the product under investigation,

| — | total turnover during the period 1 October 2010 till 30 September 2011, |
| --- | --- |

—

total turnover during the period 1 October 2010 till 30 September 2011,

| — | the volume in tonnes and value in euros of imports into and resales made on the Union market during the period 1 October 2010 till 30 September 2011 of the imported product under investigation originating in the country concerned, |
| --- | --- |

—

the volume in tonnes and value in euros of imports into and resales made on the Union market during the period 1 October 2010 till 30 September 2011 of the imported product under investigation originating in the country concerned,

| — | the names and the precise activities of all related companies (9) involved in the production and/or sales of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (9) involved in the production and/or sales of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating importers are based on the facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.   
  Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample, should contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

5.3.   
  Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  Other written submissions

Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence should reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

Interested parties are required to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney, signed certifications, and any updates thereof, and questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. Pursuant to Article 18(2) of the basic Regulation, if an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

Contact:

| | For dumping-related matters:
  E-mail: TRADE-BIOETHANOL-DUMPING@ec.europa.eu
  Fax +32 22980772 |
| --- | --- |

For dumping-related matters:

E-mail: TRADE-BIOETHANOL-DUMPING@ec.europa.eu

Fax +32 22980772

| | For injury-related matters:
  E-mail: TRADE-BIOETHANOL-INJURY@ec.europa.eu
  Fax +32 22980541 |
| --- | --- |

For injury-related matters:

E-mail: TRADE-BIOETHANOL-INJURY@ec.europa.eu

Fax +32 22980541

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place, which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among others, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm

8.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (10).

---

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

(2)  Dumping is the practice of selling a product for export (‘the product concerned’) at a price below its ‘normal value’. The normal value is usually taken to be a comparable price for the ‘like’ product on the domestic market of the country concerned. The term ‘like product’ is interpreted to mean a product which is alike in all respects to the product concerned or, in the absence of such a product, a product which closely resembles the product.

(3)  An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.

(4)  The 27 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

(5)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife; (ii) parent and child; (iii) brother and sister (whether by whole or half blood); (iv) grandparent and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-law; (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

(6)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation, shall be disregarded.

(7)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 5.

(8)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(9)  For the definition of a related party see footnote 5.

(10)  OJ L 8, 12.1.2001, p. 1.

---

| 25.11.2011 | EN | Official Journal of the European Union | C 345/13 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/13

---

Notice of initiation of an anti-subsidy proceeding concerning imports of bioethanol originating in the United States of America

2011/C 345/05

The European Commission (‘the Commission’) has received a complaint pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of bioethanol, originating in the United States of America, are being subsidised and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 12 October 2011 by the European Producers Union of Renewable Ethanol Association (ePURE) (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 % of the total Union production of the product under investigation, as defined below under point 2.

2.   Product under investigation

The product subject to this investigation is bioethanol, sometimes referred to as ‘fuel ethanol’, i.e. ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union), denatured or undenatured, excluding products with a water content of more than 0,3 % (m/m) measured according to the standard EN 15376, as well as ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union) contained in blends with gasoline with an ethyl alcohol content of more than 10 % (v/v) (‘the product under investigation’).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation, originating in the United States of America (‘the country concerned’), currently falling within CN codes ex 2207 10 00, ex 2207 20 00, ex 2208 90 99, ex 2710 11 11, ex 2710 11 15, ex 2710 11 21, ex 2710 11 25, ex 2710 11 31, ex 2710 11 41, ex 2710 11 45, ex 2710 11 49, ex 2710 11 51, ex 2710 11 59, ex 2710 11 70, ex 2710 11 90, ex 3814 00 10, ex 3814 00 90, ex 3820 00 00 and ex 3824 90 97. These CN codes are given for information only.

It is alleged that the producers of the product concerned from the United States of America have benefited from a number of Federal subsidies granted by the Government of the United States of America and from State subsidies granted by the Governments of several States of the United States of America. The Federal subsidies consist of tax credits for bioethanol production and sale in the form of (i) excise tax credit; and (ii) income tax credits, and the Federal biofuel grant programs. The State schemes are i.a. the Illinois E85 infrastructure grants, the Illinois biofuels production facility grants, the Iowa biofuels infrastructure grants, the Iowa alternate energy revolving loan program, the Minnesota cellulosic ethanol investment tax credit, the Minnesota E85 fueling infrastructure grants, the Nebraska ethanol production tax credit and the South Dakota ethanol production incentive.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of the United States of America or other State Governments and confer a benefit to the recipients, i.e. to exporters/producers of bioethanol. They are alleged to be limited to specific companies and therefore specific and countervailable.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 10 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being subsidised and whether this subsidisation has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Procedure for the determination of subsidisation

Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

(a)   Sampling

In view of the potentially large number of exporting producers in the country concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’) (1 October 2010-30 September 2011) for each of the 27 Member States (3) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’) (1 October 2010-30 September 2011) for each of the 27 Member States (3) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the time period 1 October 2010-30 September 2011, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the time period 1 October 2010-30 September 2011,

| — | the precise activities of the company worldwide with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product under investigation,

| — | the names and the precise activities of all related companies (4) involved in the production and/or sales (export and/or domestic) of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or sales (export and/or domestic) of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

The exporting producers should also indicate whether, in the event that they are not selected to be in the sample, they would like to receive a questionnaire in order to fill it in and thus claim an individual subsidy margin in accordance with section b) below.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

The questionnaire will contain information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

Companies that had agreed to their possible inclusion in the sample but were not selected to be in the sample shall be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section b) below, the countervailing duty that may be applied to imports from the non-sampled cooperating exporting producers will not exceed the weighted average margin of subsidisation established for the exporting producers in the sample.

(b)   Individual subsidy margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 27(3) of the basic Regulation, that the Commission establish their individual subsidy margins (‘individual subsidy margin’). The exporting producers wishing to claim an individual subsidy margin must request a questionnaire in accordance with section a) above and return it duly completed within the deadlines specified below. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual subsidy margin should be aware that the Commission may nonetheless decide not to determine their individual subsidy margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Investigating unrelated importers
   (5)
   (6)

In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties should do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the precise activities of the company with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company with regard to the product under investigation,

| — | the total turnover during the period 1 October 2010-30 September 2011, |
| --- | --- |

—

the total turnover during the period 1 October 2010-30 September 2011,

| — | the volume in tonnes and value in euros of imports into and resales made on the Union market during the period 1 October 2010-30 September 2011 of the imported product under investigation originating in the country concerned, |
| --- | --- |

—

the volume in tonnes and value in euros of imports into and resales made on the Union market during the period 1 October 2010-30 September 2011 of the imported product under investigation originating in the country concerned,

| — | the names and the precise activities of all related companies (7) involved in the production and/or sales of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (7) involved in the production and/or sales of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating importers are based on the facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.   
  Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective examination of the volume of the subsidised imports, their effect on prices in the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the set time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below) and to comment on the appropriateness of this choice within 15 days of the date of publication of this notice in the Official Journal of the European Union.

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

5.3.   
  Procedure for the assessment of Union interest

Should the existence of subsidisation and injury caused thereby be established, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether the adoption of countervailing measures would be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  Other written submissions

Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence should reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

All submissions, including information submitted for the selection of the samples, completed questionnaires and updates thereof, made by interested parties, must be made in writing in both paper and electronic format, and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. If an interested party cannot provide its submissions and requests in electronic format for technical reasons, it must immediately inform the Commission.

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment, is requested, shall be labelled ‘Limited’ (8).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

Contact:

| | For subsidy-related matters:
  Case mailbox: trade-bioethanol-subsidy@ec.europa.eu
  Fax +32 22980972 |
| --- | --- |

For subsidy-related matters:

Case mailbox: trade-bioethanol-subsidy@ec.europa.eu

Fax +32 22980972

| | For injury-related matters:
  Case mailbox: trade-bioethanol-injury@ec.europa.eu
  Fax +32 22980541 |
| --- | --- |

For injury-related matters:

Case mailbox: trade-bioethanol-injury@ec.europa.eu

Fax +32 22980541

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place, which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among others, to subsidisation, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

8.   Schedule of the investigation

The investigation will be concluded, according to Article 11(9) of the basic Regulation, within 13 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 12(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9).

---

(1)  OJ L 188, 18.7.2009, p. 93.

(2)  An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.

(3)  The 27 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

(4)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife; (ii) parent and child; (iii) brother and sister (whether by whole or half blood); (iv) grandparent and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-law; (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 4.

(6)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of subsidisation.

(7)  For the definition of a related party see footnote 4.

(8)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(9)  OJ L 8, 12.1.2001, p. 1.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 25.11.2011 | EN | Official Journal of the European Union | C 345/18 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/18

---

Prior notification of a concentration

(Case COMP/M.6369 — HBO/Ziggo/HBO Nederland)

(Text with EEA relevance)

2011/C 345/06

| 1. | On 17 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’) (1) by which the undertakings HBO Netherlands Holdings, SRO (‘HBO’, Netherlands) and Ziggo BV (‘Ziggo’, Netherlands) intend to create a full-function joint venture (‘HBO Nederland’, Netherlands) within the meaning of Article 3(4) of the Merger Regulation. |
| --- | --- |

1.

On 17 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’) (1) by which the undertakings HBO Netherlands Holdings, SRO (‘HBO’, Netherlands) and Ziggo BV (‘Ziggo’, Netherlands) intend to create a full-function joint venture (‘HBO Nederland’, Netherlands) within the meaning of Article 3(4) of the Merger Regulation.

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






  — | HBO is a subsidiary of Home Box Office, Inc., a company that produces audiovisual content and operates cable TV channels in certain territories around the world. Home Box Office, Inc., in turn, is a subsidiary of Time Warner Inc., a global media company, with operations in film, TV, and magazine publishing at the worldwide level, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

HBO is a subsidiary of Home Box Office, Inc., a company that produces audiovisual content and operates cable TV channels in certain territories around the world. Home Box Office, Inc., in turn, is a subsidiary of Time Warner Inc., a global media company, with operations in film, TV, and magazine publishing at the worldwide level,

| — | Ziggo is a media and communications services provider in the Netherlands. Ziggo’s products and services comprise telephony, internet, radio and TV, data communications and electronic payment systems, |
| --- | --- |

—

Ziggo is a media and communications services provider in the Netherlands. Ziggo’s products and services comprise telephony, internet, radio and TV, data communications and electronic payment systems,

| — | HBO Nederland will provide wholesale pay-TV services, including exclusive film and TV series content, to retail pay-TV suppliers in the Netherlands. |
| --- | --- |

—

HBO Nederland will provide wholesale pay-TV services, including exclusive film and TV series content, to retail pay-TV suppliers in the Netherlands.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6369 — HBO/Ziggo/HBO Nederland, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6369 — HBO/Ziggo/HBO Nederland, 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’).

---

OTHER ACTS

European Commission

| 25.11.2011 | EN | Official Journal of the European Union | C 345/19 |
| --- | --- | --- | --- |

25.11.2011

EN

Official Journal of the European Union

C 345/19

---

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

2011/C 345/07

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

‘SER KORYCIŃSKI SWOJSKI’

EC No: PL-PGI-0005-0835-18.10.2010

PGI ( X ) PDO ( )

1.   Name:

‘Ser koryciński swojski’

2.   Member State or third country:

Poland

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

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

Class 1.3

Cheeses

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

‘Ser koryciński swojski’ is a ripened cheese made from raw whole cow’s milk, to which rennet and table salt are added. Spices and herbs may be added.

‘Ser koryciński swojski’ has a flattened spherical (geoidal) shape with an elliptical cross-section; it is up to 30 cm in diameter (depending on the size of the strainer used in its production and the quantity of cheese placed in it) and weighs 2,5-5 kg (depending on the strainer used and the length of the ripening period).

‘Ser koryciński swojski’ has plentiful small eyes of different sizes and shapes. The surface of the cheese is fluted.

There are three maturation periods for cheese sold under the name ‘ser koryciński swojski’:

| | ‘ser koryciński swojski’ — świeży (fresh) is ripened for 2-4 days; |
| --- | --- |

‘ser koryciński swojski’ — świeży (fresh) is ripened for 2-4 days;

| | ‘ser koryciński swojski’ — leżakowany (matured) is ripened and matured for 5-14 days; |
| --- | --- |

‘ser koryciński swojski’ — leżakowany (matured) is ripened and matured for 5-14 days;

| | ‘ser koryciński swojski’ — dojrzały (ripe) is ripened and matured for more than 14 days. |
| --- | --- |

‘ser koryciński swojski’ — dojrzały (ripe) is ripened and matured for more than 14 days.

The length of the maturation period does not alter the specific characteristics of ‘ser koryciński swojski’ referred to in (5.2).

| Description of ‘ser koryciński swojski’ according to the length of the ripening period |
| --- |
| Group of characteristics or ingredients | Characteristic or ingredient | fresh ‘ser koryciński swojski’ | matured ‘ser koryciński swojski’ | ripe ‘ser koryciński swojski’ |
| Colour | External colour | cream | straw-yellowish | yellowish or yellow |
| Internal colour | cream | creamy-straw | straw-yellowish |
| Consistency/texture | External consistency | same consistency externally as internally | slightly firm on the outside and soft inside | delicate yellow rind with a whitish bloom on the outside |
| Internal texture | wet, very elastic, with evenly distributed small holes (about 1 mm) | moist, elastic, with evenly sized and evenly distributed holes (about 2 mm) | slightly moist, elastic, with evenly sized and evenly distributed holes |
| Organoleptic characteristics | Taste | predominantly mild and creamy, typically rubbery and squeaky when bitten | slightly salty, with a discernible nutty overtone | pronouncedly dry, rather salty in the outer layer and slightly less so towards the centre, slightly nutty taste. |
| Smell | dominant aroma of fresh butter | slight aroma of dried cheese | aroma of dried cheese |
| Physico-chemical properties | Moisture | ≤ 53 % | ≤ 48 % | ≤ 43 % |
| Fat | ≥ 20 % | ≥ 22 % | ≥ 30 % |

Description of ‘ser koryciński swojski’ according to the length of the ripening period

Group of characteristics or ingredients

Characteristic or ingredient

fresh ‘ser koryciński swojski’

matured ‘ser koryciński swojski’

ripe ‘ser koryciński swojski’

Colour

External colour

cream

straw-yellowish

yellowish or yellow

Internal colour

cream

creamy-straw

straw-yellowish

Consistency/texture

External consistency

same consistency externally as internally

slightly firm on the outside and soft inside

delicate yellow rind with a whitish bloom on the outside

Internal texture

wet, very elastic, with evenly distributed small holes (about 1 mm)

moist, elastic, with evenly sized and evenly distributed holes (about 2 mm)

slightly moist, elastic, with evenly sized and evenly distributed holes

Organoleptic characteristics

Taste

predominantly mild and creamy, typically rubbery and squeaky when bitten

slightly salty, with a discernible nutty overtone

pronouncedly dry, rather salty in the outer layer and slightly less so towards the centre, slightly nutty taste.

Smell

dominant aroma of fresh butter

slight aroma of dried cheese

aroma of dried cheese

Physico-chemical properties

Moisture

≤ 53 %

≤ 48 %

≤ 43 %

Fat

≥ 20 %

≥ 22 %

≥ 30 %

3.3.   Raw materials (for processed products only):

| — | The basic raw materials are cow’s milk, rennet and table salt (about 3 g for every 10 l of milk), plus salt for rubbing onto the cheese after moulding. |
| --- | --- |

—

The basic raw materials are cow’s milk, rennet and table salt (about 3 g for every 10 l of milk), plus salt for rubbing onto the cheese after moulding.

| — | Optional raw materials — dried spices and herbs: pepper, chilli, basil, dill, parsley, lovage, mint, black caraway, wild garlic, caraway, paprika, marjoram, oregano, savoury and dried mushrooms. |
| --- | --- |

—

Optional raw materials — dried spices and herbs: pepper, chilli, basil, dill, parsley, lovage, mint, black caraway, wild garlic, caraway, paprika, marjoram, oregano, savoury and dried mushrooms.

| — | Fresh spices and herbs: garlic, paprika, olives; fresh herbs: dill, chives, basil, mint and marjoram. |
| --- | --- |

—

Fresh spices and herbs: garlic, paprika, olives; fresh herbs: dill, chives, basil, mint and marjoram.

The milk used in production is raw whole milk. No physical or chemical processing is permitted, except for the filtering-out of macroscopic impurities and cooling at an ambient temperature for preservation purposes. The making of the cheese must begin no later than five hours after milking finishes.

The use of different spices merely serves to impart flavours and does not alter the characteristics of ‘ser koryciński swojski’.

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

The milk used to produce ‘ser koryciński swojski’ comes from cows which are pasture-grazed for at least 150 days a year. The animals are fed using traditional methods; meadow hay, cereal feeds (barley, rye, wheat and cereal blends) or hay silage form the basis of their feed in winter.

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

| — | Heating of the milk and addition of the rennet and salt |
| --- | --- |

—

Heating of the milk and addition of the rennet and salt

| — | Renneting |
| --- | --- |

—

Renneting

| — | Separation of the whey |
| --- | --- |

—

Separation of the whey

| — | Draining of the whey |
| --- | --- |

—

Draining of the whey

| — | Moulding |
| --- | --- |

—

Moulding

| — | Rubbing with salt |
| --- | --- |

—

Rubbing with salt

| — | Ripening |
| --- | --- |

—

Ripening

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

—

3.7.   Specific rules concerning labelling:

All producers of ‘ser koryciński swojski’ are required to use the common ‘ser koryciński swojski’ logo on their labels. The ‘ser koryciński swojski’ logo will be distributed via the Zrzeszenie Producentów Sera Korycińskiego (Association of Korycin Cheese Producers).

The rules governing the distribution of the logo do not in any way discriminate against producers who do not belong to the Association.

4.   Concise definition of the geographical area:

‘Ser koryciński swojski’ is produced in three municipalities in Sokólski County, Podlaskie Province, namely Korycin, Suchowola and Janów.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

5.1.1.   Natural factors

The geographical area in which ‘ser koryciński swojski’ is produced is situated in the Białystok High Plain mesoregion, which is part of the North Podlachian Lowland macroregion, a moraine lakeland area characterised by marshy depressions amidst extensive plateaux. The area’s varied landscape was formed by repeated glacial action. The North Podlachian Lowland comprises several smaller components, namely: valleys, basins, plains and high plains, including the Białystok High Plain. High plains are of morainic origin and display very great morphological variety. The most commonly encountered landforms here are eroded moraine hills and kames which reach a height of 200 m above sea level in places.

This lowland has a climate that becomes markedly more continental towards the east (whereas maritime climatic influences prevail in western Poland). The area where ‘ser koryciński swojski’ is produced is situated in the southern part of north-eastern Poland, which is considered to be the coldest region in the country, apart from the mountains. The winters are long (averaging about 110 days), with the lowest temperatures in the country: average air temperatures in January are between – 5 and – 6 °C (the January average for Warsaw is about – 3,5 °C), and there is a fairly long-lasting snow cover. Summers last for about 90 days and are fairly warm, the average July temperature being about 18 °C. The transition periods are shorter than in the central part of the country. The average annual rainfall is about 650 mm. Most rainfall occurs in the April-September period. The timing of the rainfall is a favourable factor, as 70 % of all rainfall occurs during the growing season, which is beneficial for meadows and pastures. The frequency of the rainfall during the growing season is also favourable, as rainfall occurs on about 94 days. The growing season is short. Beginning a third of the way through April and finishing at the end of October, it lasts for about 200 days.

5.1.2.   Historical factors and human skills

The region in which ‘ser koryciński swojski’ is produced does not have any heavy industry. The industrial plants operating here are involved in agri-foods — in particular milk — processing. Most of the land is used for farming or forested. Agricultural land, almost all of which is held by individual farms, accounts for a significant proportion of the area. Most of it is low-production-value and sparsely wooded farmland.

Podlaskie Province, which includes the area defined in (4), is geared to producing milk and milk products, as evidenced by the fact that it has the highest proportion of grassland in Poland, accounting for 35,4 % of the cultivated area. Pastures account for 13 % and meadows for 22,4 %. The province ranks second in the country in terms of head of cattle. It supplies the market with one in three litres of Polish-produced milk and one in five blocks of butter. Its milk producers produce an average of 33,3 tonnes of milk, compared with the national average of 16,2 tonnes. Its share of the national figure is increasing steadily.

It has traditionally been geared to producing milk and milk products because of the low level of industrialisation in the past and continuing low levels of investment, high unemployment and low wages. In the past, it was mainly raw milk that was sold, but many farms also made butter and ‘ser koryciński swojski’ for their own use or for sale. Cheese-making was in particular a way of making use of the milk produced on farms and diversifying diets. The specific skills of ‘ser koryciński swojski’ producers are demonstrated in particular by the use of unpasteurised milk to produce the cheese and by the turning of the product during ripening at various stages determined by the producers’ knowledge and experience.

5.2.   Specificity of the product:

‘Ser koryciński swojski’ has a specific shape associated with the strainers in which it is made. These vessels also give the cheese its characteristic fluted surface. It is made from whole unpasteurised milk, which gives it its characteristic fresh milk aroma. The cheese is moist and elastic, with plentiful evenly sized and evenly distributed small eyes.

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

The link between ‘ser koryciński swojski’ and the area is based on the specific characteristics defined in (5.2), and on its reputation.

The specific characteristics of ‘ser koryciński swojski’ have evolved over the many years for which it has been produced, knowledge of the production method and associated practical skills being passed from one generation to the next, as dairy-technology and production manuals do not describe how to make this product, which is closely linked to the geographical area defined in (4). The product enjoys a good reputation, as evidenced by the number of articles in the press, references on the internet and awards it has received. ‘Ser koryciński swojski’ sells in reputable shops for up to 50 % more than the prices charged for other rennet cheeses. ‘Ser koryciński swojski’ is sold over the internet for exactly the same price as ‘oscypek’, which is a protected designation of origin.

Korycin cheese (ser koryciński) won first prize and the title ‘Smak Roku’ at the Polagra Farm trade fair in Poznań in 2004, a ‘Perła’ in the Nasze Kulinarne Dziedzictwo competition, and the title ‘Podlaska Marka Roku’ in the taste category. The Korycin Cheese Festival (Święto sera korycińskiego) has been held every autumn since 2004. In 2005, ‘ser koryciński swojski’ was included on the Minister for Agriculture and Rural Development’s national list of traditional products.

‘Ser koryciński swojski’ is increasingly well-known and sought-after, especially in northern and central Poland. It is promoted every year in Warsaw during the Podlasie w stolicy festival.

References to the recognition and popularity with which Korycin cheese has met regularly appear in the regional and national press: Gazeta Wyborcza (Białystok), 4-5 June 2005 — ‘Podlasie w stolicy’; Kurier Poranny, 4 July 2005 — ‘Tłoczno i smacznie’; Gazeta Współczesna, 12 September 2005 — ‘Zrób sobie swojski ser’; Gazeta Współczesna, 29 September 2005 — ‘Święto sera po raz drugi’; Gazeta Współczesna, 4 October 2005 — ‘Gospodynie z Gminy Korycin twierdzą, że nie ma to jak ... Swojskiego sera smak’; Gazeta Współczesna, 29 November 2005 — ‘Projekt dla sera’; Gazeta Współczesna, 24 September 2007 — ‘Magia Smaku’; Gazeta Współczesna, 25 September 2007 — ‘Pierwsza przydomowa serowarnia’; Gazeta Współczesna, 23 October 2007 — ‘Sery to jest przyszłość’; Kurier Poranny, 17 October 2007 — ‘Niektórzy wracają’; Kurier Poranny, 19 January 2008 — ‘Dobra marka To jest to!’; Gazeta Współczesna, 17 March 2008 — ‘Pierwszy Festiwal Kuchni Podlaskiej’; GWAGRO, 19 May 2008 — ‘Danie warte ‚Perły‘’; Gazeta współczesna, 11 June 2008 — ‘Podlasie w stolicy’; Gazeta Współczesna, 19 June 2008 — ‘Serowarnia po polsku’; Gazeta Wyborcza Duży Format, 16 February 2009‘Bambus w szynce’; Gazeta Współczesna, 17 March 2009 — ‘To były smaki’; Gazeta Wyborcza (Białystok), 15 May 2009 — ‘Wspólna dla wszystkich jest kaczka – mowa o potrawach przygotowanych na Międzynarodowy Festiwal Kuchni’; Gazeta Współczesna, 9 June 2009 — ‘Dobre smaki można promować’; Gazeta Współczesna, 16 June 2009 — ‘Regionalne specjały – próbujmy i kupujmy’. An internet search for ‘ser koryciński’ yields 10 pages of hits; ‘ser koryciński swojski’ is also described in Wikipedia, the free encyclopaedia.

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

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

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