# Official Journal C 71/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 71 |
| | |
| English edition | Information and Notices | Volume 5225 March 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 71

English edition

Information and Notices

Volume 5225 March 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Council |
| 2009/C 071/01 | Council Resolution of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012 | 1 |
| | OPINIONS |
| | Council |
| 2009/C 071/02 | Council opinion of 10 March 2009 on the updated stability programme of Portugal, 2008-2011 | 8 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Council

2009/C 071/01

Council Resolution of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012

1

OPINIONS

Council

2009/C 071/02

Council opinion of 10 March 2009 on the updated stability programme of Portugal, 2008-2011

8

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 071/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 13 |
| 2009/C 071/04 | Non-opposition to a notified concentration (Case COMP/M.5470 — Gilde/Plukon) (
  1
  ) | 15 |
| 2009/C 071/05 | Non-opposition to a notified concentration (Case COMP/M.5468 — GDF Suez/GEK) (
  1
  ) | 15 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 071/03

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

1

13

2009/C 071/04

Non-opposition to a notified concentration (Case COMP/M.5470 — Gilde/Plukon) (
  1
  )

1

15

2009/C 071/05

Non-opposition to a notified concentration (Case COMP/M.5468 — GDF Suez/GEK) (
  1
  )

1

15

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 071/06 | Euro exchange rates | 16 |
| 2009/C 071/07 | Withdrawal of obsolete Commission proposals | 17 |
| | European Court of Auditors |
| 2009/C 071/08 | Special Report No 9/2008 The effectiveness of EU support in the area of freedom, security and justice for Belarus, Moldova and Ukraine | 19 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 071/09 | Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 20 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 071/06

Euro exchange rates

16

2009/C 071/07

Withdrawal of obsolete Commission proposals

17

European Court of Auditors

2009/C 071/08

Special Report No 9/2008 The effectiveness of EU support in the area of freedom, security and justice for Belarus, Moldova and Ukraine

19

NOTICES FROM MEMBER STATES

2009/C 071/09

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

20

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | Commission |
| 2009/C 071/10 | Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 21 |
| 2009/C 071/11 | 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 | 25 |
| 2009/C 071/12 | Publication of an amendment 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 | 28 |

V   Announcements

OTHER ACTS

Commission

2009/C 071/10

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

21

2009/C 071/11

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

25

2009/C 071/12

Publication of an amendment 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

28

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Council

| 25.3.2009 | EN | Official Journal of the European Union | C 71/1 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/1

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COUNCIL RESOLUTION

of 16 March 2009

on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012

(2009/C 71/01)

THE COUNCIL OF THE EUROPEAN UNION,

CONSIDERING:

| 1. | the Commission's strategic report (1) and the new cycle of the renewed Lisbon strategy for growth and jobs (2008-2010) launched by the European Council on 14 March 2008; |
| --- | --- |

1.

the Commission's strategic report (1) and the new cycle of the renewed Lisbon strategy for growth and jobs (2008-2010) launched by the European Council on 14 March 2008;

| 2. | the Commission Communication of 16 July 2008 on an industrial property rights strategy for Europe; |
| --- | --- |

2.

the Commission Communication of 16 July 2008 on an industrial property rights strategy for Europe;

| 3. | Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights; |
| --- | --- |

3.

Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights;

| 4. | the Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan; |
| --- | --- |

4.

the Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan;

TAKING NOTE OF:

| 5. | the growing threat posed by counterfeit goods to health and safety and to the environment; |
| --- | --- |

5.

the growing threat posed by counterfeit goods to health and safety and to the environment;

| 6. | the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales; |
| --- | --- |

6.

the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales;

| 7. | the need for customs to address these issues more effectively, which requires reinforced administrative cooperation, and closer cooperation between customs and business; |
| --- | --- |

7.

the need for customs to address these issues more effectively, which requires reinforced administrative cooperation, and closer cooperation between customs and business;

ENDORSES:

| 8. | the EU customs action plan to combat IPR infringements for the years 2009 to 2012 set out in the Annex, prepared by the Presidency in co-operation with the Member States and the Commission following on from the Council Resolution mentioned under point 4; |
| --- | --- |

8.

the EU customs action plan to combat IPR infringements for the years 2009 to 2012 set out in the Annex, prepared by the Presidency in co-operation with the Member States and the Commission following on from the Council Resolution mentioned under point 4;

INVITES:

| 9. | the Member States and the Commission to implement the action plan effectively; |
| --- | --- |

9.

the Member States and the Commission to implement the action plan effectively;

| 10. | the Commission, in collaboration with the Presidency, to conduct an annual review of the implementation of the action plan; |
| --- | --- |

10.

the Commission, in collaboration with the Presidency, to conduct an annual review of the implementation of the action plan;

| 11. | the Commission, in co-operation with the Member States, to submit to the Council in 2012 a final report on the implementation of the action plan. |
| --- | --- |

11.

the Commission, in co-operation with the Member States, to submit to the Council in 2012 a final report on the implementation of the action plan.

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(1)  Communication from the Commission to the European Council ‘Strategic report on the renewed Lisbon Strategy for growth and jobs: launching the new cycle (2008-2010) — Keeping up the pace of change’ COM(2007) 803 final.

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ANNEX

EU Customs Action Plan to Combat IPR Infringements 2009-2012

Introduction

The Commission and the Member States reviewed activities in the EU relating to customs enforcement of intellectual property rights (IPR) from 2005-2008, for the period of the previous anti-counterfeiting (1) customs action plan. The implementation of Council Regulation (EC) No 1383/2003 and the activities contained in the action plan were considered to have provided a successful response to the trade in counterfeit goods. The annual statistics published by the Commission showed an upward trend in customs activity, as well as increased cooperation with right holders.

Nevertheless, it was recognised that the increasing diversity of products seized and new trends, such as the importation of small consignments resulting from Internet sales, indicated that further measures were required and that there was no room for complacency. The need to respond to this growing problem was underlined as the trade in counterfeit goods represented a real threat to each citizen and society as a whole.

The Commission considered that the efforts undertaken by the customs authorities to protect the economic interests and the health and safety of citizens must continue and a further action plan was recommended. Such a plan should cover the main areas contained in the previous plan, namely legislation, operational performance, industry cooperation, international cooperation, and communication. The new plan should take into account relevant developments in the customs area, such as the modernised Community Customs Code, as well as external factors, such as the increase in sales over the Internet. In particular, the new EU Action Plan should focus on:

| — | improving and where necessary modifying, existing IPR legislation, |
| --- | --- |

—

improving and where necessary modifying, existing IPR legislation,

| — | improving cooperation with right holders, |
| --- | --- |

—

improving cooperation with right holders,

| — | strengthening operational cooperation between customs in the EU and with third countries, |
| --- | --- |

—

strengthening operational cooperation between customs in the EU and with third countries,

| — | developing further international cooperation on IPR enforcement, |
| --- | --- |

—

developing further international cooperation on IPR enforcement,

| — | improving publicity and awareness, and |
| --- | --- |

—

improving publicity and awareness, and

| — | responding to the problem of Internet sales and delivering ad hoc training to customs officers. |
| --- | --- |

—

responding to the problem of Internet sales and delivering ad hoc training to customs officers.

The new plan should also take into account other new trends and forms employed in the distribution of counterfeit goods dangerous to society, resulting from the globalisation of world trade, and growing involvement of organised crime.

Member States and the Commission collaborated closely on a range of issues related to the examination of the current framework for customs activities related to IPR enforcement. All Member States indicated that IPR protection represented a clear priority for them and many considered that in order to make the activities of customs in IPR more efficient, it would be appropriate to develop and start using a joint information database containing the approved applications for action.

The Council, in its Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan, invited the Commission and the Member States to submit a new anti-counterfeiting customs plan for the period 2009-2012.

Conclusions of the High Level Seminar on the fight against counterfeiting

The examination of customs activities related to IPR enforcement culminated in a High Level Seminar organised in Paris on 25-26 November 2008, towards the end of the French Presidency.

The aim of this seminar was to consider the customs response to the fight against counterfeiting. The Customs Directors General of the Member States and the Commission concluded that the future customs action plan should tackle four main challenges presented by counterfeiting.

1.   Dangerous counterfeit goods

The consumer should be informed of the consequences, sometimes dramatic, associated with counterfeit goods, by awareness-raising campaigns at the EU level, to which customs could be associated. Legislation and procedures at both the Community and national level should, where necessary, be modified to strengthen the ability of customs to intercept counterfeit goods. Particular attention should be given to the harmonisation of measures relating to simplified procedures and small quantities of infringing goods.

2.   Organised crime

A European Observatory, where customs could make a significant contribution and where best practices could be exchanged, would make a regular evaluation and analysis of the growing phenomenon of organised crime in counterfeiting possible. Cooperation between stakeholders should be reinforced through the development of electronic information exchange systems. Risk analysis at the Community level is necessary and should be developed, taking advantage of existing mechanisms. Joint European customs actions will be developed, focussing on themes or particular sectors. The essential partnership between customs and industry will be strengthened.

3.   Globalisation of counterfeiting

The customs action plan with China, which has been finalised by the Commission services, would allow the exchange of information, as well as officials with this country to fight against counterfeiting. Member States and the Commission will continue to work towards the adoption of effective border measures in the current negotiations on the ACTA, the proposed anti-counterfeiting trade agreement. International cooperation in the form of information exchange and joint operations will be strengthened with key partner countries.

4.   Sale of counterfeits over the Internet

All Member States should examine carefully the phenomenon of sales over the Internet and share ‘best practices’. Seminars and working groups will be organised in order to conclude memoranda of understanding with Internet platforms and the financial institutions involved in on-line payments, to exchange information, and to share practices on monitoring and identifying professional sellers of counterfeits.

The EU Customs Action Plan to Combat IPR Infringements 2009-2012

It is recognised that there are issues having an impact on the work and efficiency of customs, where customs administrations are, at least to a certain extent, dependent on developments in other policy areas, especially the harmonisation of legislation relating to intellectual property rights, as well as the sanctions applicable to the trade in IPR infringing goods. Furthermore, it is necessary to strengthen cooperation with other law enforcement authorities at the national level. Those requirements are preconditioned on the Member States recognising the threats ensuing from counterfeiting and on their sharing a common interest in fighting these threats in a coordinated and harmonised way. Moreover, a new EU Action Plan could easily be used as a good basis for drafting a national Action Plan to combat IPR infringements in each of the Member States.

It is also noted that the Commission and the Member States' Customs Administrations have a significant contribution to make towards the European Anti-Counterfeiting Observatory in combating the trade in counterfeit goods. Appropriate information on customs activities related to border enforcement of IPR should be provided to the Observatory, once it has been established.

Review mechanism

The Commission also considered that a review mechanism should be put in place to monitor the implementation of the activities contained in the plan. To this end, a review will be presented by the Commission, in collaboration with the Council Presidency at the end of each year of the Action Plan. In the last year of the Action Plan, a more detailed report will be prepared by the Commission, together with the Member States.

Conclusion

The 2009-2012 EU Customs Action Plan to combat IPR infringements is annexed and constitutes a response to the Council's invitation, providing for extensive activities by customs to combat the trade in IPR infringing goods.

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(1)  This document uses the term ‘counterfeiting’ as a general term to cover infringements of intellectual property rights covered by the provisions of Council Regulation (EC) No 1383/2003.

Appendix

| | Event | Lead Responsibility | Progress |
| --- | --- | --- | --- |
| 1. | Legislation and data tools | | |
| 1.1. | Review Council Regulation (EC) No 1383/2003 and the relevant implementing provisions contained in Commission Regulation (EC) No 1891/2004 with the aim to clarify and harmonise interpretation, in particular with regard to: | European Commission | |
| — | external Transit, Trans-shipment — this point needs to be examined in conjunction with other legislation, with a view to the possible establishment of an infringement in cases where fake goods are found in transit, |

Event

Lead Responsibility

Progress

1.

Legislation and data tools

1.1.

Review Council Regulation (EC) No 1383/2003 and the relevant implementing provisions contained in Commission Regulation (EC) No 1891/2004 with the aim to clarify and harmonise interpretation, in particular with regard to:

European Commission

—

external Transit, Trans-shipment — this point needs to be examined in conjunction with other legislation, with a view to the possible establishment of an infringement in cases where fake goods are found in transit,

| — | provisions concerning small consignments involving importations by passengers and via the post/fast parcels — this point may need to be examined in conjunction with other legislation, |
| --- | --- |

—

provisions concerning small consignments involving importations by passengers and via the post/fast parcels — this point may need to be examined in conjunction with other legislation,

| — | provisions concerning the application of the simplified procedure (Article 11 of Council Regulation (EC) No 1383/2003), |
| --- | --- |

—

provisions concerning the application of the simplified procedure (Article 11 of Council Regulation (EC) No 1383/2003),

| — | costs of storage and destruction and the concerns raised by right holders regarding their financial responsibilities under current legislation, |
| --- | --- |

—

costs of storage and destruction and the concerns raised by right holders regarding their financial responsibilities under current legislation,

| — | donations to charities and recycling as alternatives to the destruction of counterfeit goods, |
| --- | --- |

—

donations to charities and recycling as alternatives to the destruction of counterfeit goods,

| — | definition of counterfeit goods, in relation to a potential extension of the scope of Council Regulation (EC) No 1383/2003, |
| --- | --- |

—

definition of counterfeit goods, in relation to a potential extension of the scope of Council Regulation (EC) No 1383/2003,

| — | provision of additional statistics relating to the value of seizures to ensure a high-quality collection of data about seized goods and application of this procedure in drafting risk profiles, |
| --- | --- |

—

provision of additional statistics relating to the value of seizures to ensure a high-quality collection of data about seized goods and application of this procedure in drafting risk profiles,

| — | introduce the possibility to suspend the application for action and other measures against inactivity or abuse of information by right holders, |
| --- | --- |

—

introduce the possibility to suspend the application for action and other measures against inactivity or abuse of information by right holders,

| — | introduction of any required additional provisions with regard to the development of an electronic system for applications for action. |
| --- | --- |

—

introduction of any required additional provisions with regard to the development of an electronic system for applications for action.

1.2.

Prepare proposal to modify EC customs legislation, in accordance with conclusions of review of legislation.

European Commission

1.3.

Develop and introduce a Community-level electronic system for applications for action to replace current paper distribution.

European Commission

1.4.

Develop and introduce a database for recording customs seizures and related statistics.

European Commission

2.

Operational performance

2.1.

Develop activities for sharing best practices, e.g. benchmarking exercises, training and exchange visits to improve the mutual sharing and exchange of relevant information by experts from the individual Member States.

European Commission and/or Member States

2.2.

EU-level actions, based on the Community Risk Management System, with the aim of improving the effectiveness of anti-counterfeiting controls, especially at the EU external border.

European Commission

2.3.

EU-coordinated activities for:

European Commission

| — | dangerous products, such as pharmaceuticals, representing the highest risks to the health and safety of consumers and to the environment, |
| --- | --- |

—

dangerous products, such as pharmaceuticals, representing the highest risks to the health and safety of consumers and to the environment,

| — | selective IPR targeted joint operations that will focus on counterfeiting in connection with significant cultural, social, and sporting events (Olympics, etc.). |
| --- | --- |

—

selective IPR targeted joint operations that will focus on counterfeiting in connection with significant cultural, social, and sporting events (Olympics, etc.).

2.4.

Promote use of the RIF (Risk Information Form) for wider and more efficient utilisation in the area of IPR enforcement:

European Commission

| — | establish dedicated group of RIF users, |
| --- | --- |

—

establish dedicated group of RIF users,

| — | promote and establish a national network of experts at the operational level. |
| --- | --- |

—

promote and establish a national network of experts at the operational level.

2.5.

Examine implications of growing problem concerning the trade in counterfeit goods via the Internet:

European Commission and Member States

| — | create Working Group of experts to examine the distribution of counterfeit goods via the Internet and to promote cooperation between the Member States on this issue, |
| --- | --- |

—

create Working Group of experts to examine the distribution of counterfeit goods via the Internet and to promote cooperation between the Member States on this issue,

| — | organise seminars for customs and stakeholders with a special emphasis on detailed analyses of the Internet phenomenon and on identifying best practices in this area. |
| --- | --- |

—

organise seminars for customs and stakeholders with a special emphasis on detailed analyses of the Internet phenomenon and on identifying best practices in this area.

2.6.

Develop training material on IPR enforcement, including creation of e-learning courses on IPR and organise training courses as appropriate.

European Commission and Member States

2.7.

Compile and maintain an updated list of IPR customs experts from the Member States.

European Commission

3.

Business cooperation

3.1.

Promote submission of applications for action by right holders to raise awareness of this option on the side of right holders.

European Commission and Member States

3.2.

Promote conclusions of special arrangements with right holders and other stakeholders, concerning cooperation and exchange of information:

European Commission Member States and right holders

| — | conclude Memoranda of Understanding with relevant stakeholders, such as Internet service providers, |
| --- | --- |

—

conclude Memoranda of Understanding with relevant stakeholders, such as Internet service providers,

| — | collaborate with the Commission to improve exchange of information and experiences. |
| --- | --- |

—

collaborate with the Commission to improve exchange of information and experiences.

3.3.

Organise for industry/right holders:

European Commission and Member States

| — | targeted seminars (such as training, regional and operational seminars) with emphasis on new trends and forms of distribution of counterfeit goods, particularly dangerous commodities and Internet sales, |
| --- | --- |

—

targeted seminars (such as training, regional and operational seminars) with emphasis on new trends and forms of distribution of counterfeit goods, particularly dangerous commodities and Internet sales,

| — | regular meetings at both the EU and national level organised according to their specific requirements and needs. |
| --- | --- |

—

regular meetings at both the EU and national level organised according to their specific requirements and needs.

3.4.

Promote introduction of electronic exchange of information with the private sector, to the greatest possible extent.

European Commission and Member States

3.5.

Promote use of red alert/trend forms to keep customs informed about the latest trends and threats regarding counterfeiting.

European Commission and Member States

3.6.

Provide information to right holders concerning customs procedures relating to IPR enforcement.

European Commission and Member States

4.

International cooperation

4.1.

Support ACTA (Anti-Counterfeiting Trade Agreement) negotiations:

European Commission and Member States

| — | provide for ambitious provisions concerning border enforcement, |
| --- | --- |

—

provide for ambitious provisions concerning border enforcement,

| — | provide for customs experts' group to manage implementation of border measures. |
| --- | --- |

—

provide for customs experts' group to manage implementation of border measures.

4.2.

Support Action Plan with China:

European Commission and Member States

| — | conclude concrete action plan, |
| --- | --- |

—

conclude concrete action plan,

| — | implement key activities of the action plan, |
| --- | --- |

—

implement key activities of the action plan,

| — | review the level of its implementation (annually). |
| --- | --- |

—

review the level of its implementation (annually).

4.3.

Enhance cooperation with key partners (e.g. US, Japan and others):

European Commission and Member States

| — | strengthen exchange of information (statistical data, best practices, etc.), |
| --- | --- |

—

strengthen exchange of information (statistical data, best practices, etc.),

| — | organise joint actions such as Joint Customs Operations, |
| --- | --- |

—

organise joint actions such as Joint Customs Operations,

| — | EC coordination in international fora, including the WTO and the WCO, |
| --- | --- |

—

EC coordination in international fora, including the WTO and the WCO,

| — | EC coordination of capacity building activities. |
| --- | --- |

—

EC coordination of capacity building activities.

5.

Raising awareness and communication

5.1.

Develop awareness-raising activities:

European Commission and Member States

| — | campaigns on the results achieved by Customs in the IPR area at the EU and national level relating to health and safety aspects, such as the pharmaceutical sector. Consumers should be made aware of the risks associated with the purchase of counterfeit goods, |
| --- | --- |

—

campaigns on the results achieved by Customs in the IPR area at the EU and national level relating to health and safety aspects, such as the pharmaceutical sector. Consumers should be made aware of the risks associated with the purchase of counterfeit goods,

| — | leaflets and posters at the airports, ports, train stations and border crossings. TV spots; information notices; pop-up alerts on Internet; mass media and exhibitions, |
| --- | --- |

—

leaflets and posters at the airports, ports, train stations and border crossings. TV spots; information notices; pop-up alerts on Internet; mass media and exhibitions,

| — | combat sales via the Internet by stressing the risk connected with Internet sales. |
| --- | --- |

—

combat sales via the Internet by stressing the risk connected with Internet sales.

5.2.

Promote cooperation on communication with other enforcement agencies.

Member States

5.3.

Coordination of communication actions at the EU level, including:

European Commission

| — | annual publication of statistics, |
| --- | --- |

—

annual publication of statistics,

| — | awareness days (open days, anti-counterfeiting day, etc.), |
| --- | --- |

—

awareness days (open days, anti-counterfeiting day, etc.),

| — | press releases, |
| --- | --- |

—

press releases,

| — | publishing of specific cases (seizures, new trends, etc.). |
| --- | --- |

—

publishing of specific cases (seizures, new trends, etc.).

5.4.

Strengthen IPR enforcement content of Commission and national websites.

European Commission and Member States

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OPINIONS

Council

| 25.3.2009 | EN | Official Journal of the European Union | C 71/8 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/8

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COUNCIL OPINION

of 10 March 2009

on the updated stability programme of Portugal, 2008-2011

(2009/C 71/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(3) thereof,

Having regard to the recommendation of the Commission,

After consulting the Economic and Financial Committee,

HAS DELIVERED THIS OPINION:

| (1) | On 10 March 2009, the Council examined the updated stability programme of Portugal, which covers the period 2008 to 2011. |
| --- | --- |

(1)

On 10 March 2009, the Council examined the updated stability programme of Portugal, which covers the period 2008 to 2011.

| (2) | The Portuguese economy has been growing below the euro-area average and below potential during the current decade. GDP stagnated in 2008, primarily influenced by sluggish external demand, reflecting the financial crisis and the weak economic situation of main trading partners. External imbalances have widened, which has led to growing indebtedness, and concomitantly, rising interest payments abroad. Moreover, the competitiveness gap has not been reduced, reflecting mostly a feeble productivity growth, which remains a major weakness of the Portuguese economy. Domestic demand growth also fell, driven by the poorer performance of private consumption and especially gross fixed capital formation. Slow growth, however, did not prevent the government deficit to be reduced in recent years, standing at 2,2 % of GDP in 2008. The Portuguese authorities have adopted various measures to stimulate economic activity in 2009 in line with the European Economic Recovery Plan (EERP), amounting to 1,3 % of GDP, of which 0,8 % of GDP with a budgetary impact. The discretionary measures on public finances limit the space for further fiscal impulses without risking the long-term sustainability of public finances. |
| --- | --- |

(2)

The Portuguese economy has been growing below the euro-area average and below potential during the current decade. GDP stagnated in 2008, primarily influenced by sluggish external demand, reflecting the financial crisis and the weak economic situation of main trading partners. External imbalances have widened, which has led to growing indebtedness, and concomitantly, rising interest payments abroad. Moreover, the competitiveness gap has not been reduced, reflecting mostly a feeble productivity growth, which remains a major weakness of the Portuguese economy. Domestic demand growth also fell, driven by the poorer performance of private consumption and especially gross fixed capital formation. Slow growth, however, did not prevent the government deficit to be reduced in recent years, standing at 2,2 % of GDP in 2008. The Portuguese authorities have adopted various measures to stimulate economic activity in 2009 in line with the European Economic Recovery Plan (EERP), amounting to 1,3 % of GDP, of which 0,8 % of GDP with a budgetary impact. The discretionary measures on public finances limit the space for further fiscal impulses without risking the long-term sustainability of public finances.

| (3) | The macro-economic scenario underlying the programme envisages that GDP will contract by 0,8 % in real terms in 2009 and recover in 2010 and 2011 with real GDP growth at 0,5 % and 1,3 % respectively. These projections take into account the stimulus measures adopted in response to the economic downturn. Assessed against currently available information (2), this scenario appears to be based on favourable growth assumptions over the programme period, which is mainly reflecting relatively optimistic projections for domestic demand, notably the modest contractions of gross fixed capital formation in the programme scenario for 2009 and 2010. The programme's projections for inflation appear to be realistic. The fiscal stimulus package for 2009 is expected to boost GDP, mainly through measures targeted to leverage investment. On the back of a reduction in the balance of goods and services deficit, the programme envisages a decline of net foreign borrowing from 10,5 % of GDP in 2008 to 7,5 % of GDP in 2011. |
| --- | --- |

(3)

The macro-economic scenario underlying the programme envisages that GDP will contract by 0,8 % in real terms in 2009 and recover in 2010 and 2011 with real GDP growth at 0,5 % and 1,3 % respectively. These projections take into account the stimulus measures adopted in response to the economic downturn. Assessed against currently available information (2), this scenario appears to be based on favourable growth assumptions over the programme period, which is mainly reflecting relatively optimistic projections for domestic demand, notably the modest contractions of gross fixed capital formation in the programme scenario for 2009 and 2010. The programme's projections for inflation appear to be realistic. The fiscal stimulus package for 2009 is expected to boost GDP, mainly through measures targeted to leverage investment. On the back of a reduction in the balance of goods and services deficit, the programme envisages a decline of net foreign borrowing from 10,5 % of GDP in 2008 to 7,5 % of GDP in 2011.

| (4) | The 2008 general government deficit is estimated at 2,2 % of GDP in the Commission services' January 2009 interim forecast and in the stability programme update, which is slightly better than the deficit target of 2,4 % of GDP included in the previous update. The 2008 budgetary execution benefited from the better-than-expected outcome of 2007, since the deficit outturn for that year was almost 0,5 % of GDP lower than foreseen. In addition, the 2008 outturn was affected by the slowdown in activity and the reduction of the standard VAT rate by one percentage point in July 2008, which dampened tax revenue growth in the final part of 2008. This was partly offset by unforeseen one-off sales of concessions by the government, mainly for the construction and exploitation of electric dams and motorways, worth some 0,75 % of GDP. |
| --- | --- |

(4)

The 2008 general government deficit is estimated at 2,2 % of GDP in the Commission services' January 2009 interim forecast and in the stability programme update, which is slightly better than the deficit target of 2,4 % of GDP included in the previous update. The 2008 budgetary execution benefited from the better-than-expected outcome of 2007, since the deficit outturn for that year was almost 0,5 % of GDP lower than foreseen. In addition, the 2008 outturn was affected by the slowdown in activity and the reduction of the standard VAT rate by one percentage point in July 2008, which dampened tax revenue growth in the final part of 2008. This was partly offset by unforeseen one-off sales of concessions by the government, mainly for the construction and exploitation of electric dams and motorways, worth some 0,75 % of GDP.

| (5) | The updated programme plans a general government deficit of 3,9 % of GDP in 2009. The worsening of the budget balance is explained mainly by the impact of discretionary measures. Some of these measures had been announced earlier in 2008 to support households and firms and to reduce the standard VAT rate by one percentage point as from July 2008 and will also impact the 2009 budgetary execution. However, the programme assumes that these two effects will be mitigated by the impact of consolidation measures taken in earlier years to contain expenditure, particularly on compensation of government employees and social transfers. Measures with budgetary impact amounting to 0,8 % of GDP through a combination of higher expenditure and tax exemptions have been taken in the context of the EERP. In addition, the worsening of the balance will also reflect the flooring of the one-off sales of concessions recorded in 2008, as well as the impact of automatic stabilisers. Overall, with the structural balance loosening by about 1 percentage point, the stance of fiscal policy is expected to be expansionary in 2009, which is in line with the EERP (3). |
| --- | --- |

(5)

The updated programme plans a general government deficit of 3,9 % of GDP in 2009. The worsening of the budget balance is explained mainly by the impact of discretionary measures. Some of these measures had been announced earlier in 2008 to support households and firms and to reduce the standard VAT rate by one percentage point as from July 2008 and will also impact the 2009 budgetary execution. However, the programme assumes that these two effects will be mitigated by the impact of consolidation measures taken in earlier years to contain expenditure, particularly on compensation of government employees and social transfers. Measures with budgetary impact amounting to 0,8 % of GDP through a combination of higher expenditure and tax exemptions have been taken in the context of the EERP. In addition, the worsening of the balance will also reflect the flooring of the one-off sales of concessions recorded in 2008, as well as the impact of automatic stabilisers. Overall, with the structural balance loosening by about 1 percentage point, the stance of fiscal policy is expected to be expansionary in 2009, which is in line with the EERP (3).

| (6) | The headline deficit is projected to fall to 2,9 % of GDP in 2010 and further to 2,3 % of GDP in 2011. Similarly, the primary balance is aimed to improve gradually from a deficit of 0,6 % of GDP in 2009 to surpluses of 0,4 % and 1,1 % of GDP in 2010 and 2011 respectively. After 2009, the budgetary strategy outlined in the programme aims at resuming the convergence to the medium-term objective (MTO) of a structural balance (i.e., the cyclically-adjusted balance net of one-off and other temporary measures) of – 0,5 % of GDP. Nonetheless, the structural deficit would still be in excess of the MTO in the final year of the programme. The improvement in the fiscal balance projected for 2010 is mainly explained by the reversal of the temporary stimulus package adopted for 2009. In addition, the improvements targeted for 2010 and 2011 are assumed to reflect past consolidation efforts to contain expenditure, namely the lagged effects of measures taken at the level of public administration, mainly to rein in compensation of government employees, and of old-age pension systems reforms. The update does not present new sizeable fiscal consolidation measures. Finally, according to the programme, the headline deficit is expected to fall also thanks to the expected upswing in economic activity. Government gross debt, estimated at 65,9 % of GDP in 2008, is projected to increase further to a peak of 70,5 % of GDP in 2010 as the result of the rise in the deficit, low GDP growth and a significant stock-flow adjustment in 2009 mainly reflecting commercial debt repayments and acquisition of financial assets in the context of the financial recapitalisation package put in place by the Portuguese authorities. Some reversion of these factors is expected to allow a small decline in the debt ratio to 70 % of GDP in 2011. |
| --- | --- |

(6)

The headline deficit is projected to fall to 2,9 % of GDP in 2010 and further to 2,3 % of GDP in 2011. Similarly, the primary balance is aimed to improve gradually from a deficit of 0,6 % of GDP in 2009 to surpluses of 0,4 % and 1,1 % of GDP in 2010 and 2011 respectively. After 2009, the budgetary strategy outlined in the programme aims at resuming the convergence to the medium-term objective (MTO) of a structural balance (i.e., the cyclically-adjusted balance net of one-off and other temporary measures) of – 0,5 % of GDP. Nonetheless, the structural deficit would still be in excess of the MTO in the final year of the programme. The improvement in the fiscal balance projected for 2010 is mainly explained by the reversal of the temporary stimulus package adopted for 2009. In addition, the improvements targeted for 2010 and 2011 are assumed to reflect past consolidation efforts to contain expenditure, namely the lagged effects of measures taken at the level of public administration, mainly to rein in compensation of government employees, and of old-age pension systems reforms. The update does not present new sizeable fiscal consolidation measures. Finally, according to the programme, the headline deficit is expected to fall also thanks to the expected upswing in economic activity. Government gross debt, estimated at 65,9 % of GDP in 2008, is projected to increase further to a peak of 70,5 % of GDP in 2010 as the result of the rise in the deficit, low GDP growth and a significant stock-flow adjustment in 2009 mainly reflecting commercial debt repayments and acquisition of financial assets in the context of the financial recapitalisation package put in place by the Portuguese authorities. Some reversion of these factors is expected to allow a small decline in the debt ratio to 70 % of GDP in 2011.

| (7) | The budgetary outcomes are subject to downside risks throughout the programme period. In the context of the current international economic and financial conditions, a major source of uncertainty is related to the macro-economic scenario, which appears to be based on favourable growth assumptions. Hence, a scenario where lower-than-expected GDP growth would dampen revenue growth and jeopardise the fall in the expenditure-to-GDP ratio envisaged in the programme is a distinctive possibility. To a lesser extent, the additional expenditure savings that can be rendered by recently taken measures, namely at the level of public administration, are subject to uncertainty. The evolution of the debt ratio may be less favourable than projected in the programme, given the risks to the macro-economic and budgetary scenarios and the uncertainty about the impact of guarantees granted and of financial assets acquired in the context of the financial rescue package. However, the increase in debt linked to the measures taken in support of the financial sector would be reversed at a later stage if the support scheme and the financial operations linked to it are successful. |
| --- | --- |

(7)

The budgetary outcomes are subject to downside risks throughout the programme period. In the context of the current international economic and financial conditions, a major source of uncertainty is related to the macro-economic scenario, which appears to be based on favourable growth assumptions. Hence, a scenario where lower-than-expected GDP growth would dampen revenue growth and jeopardise the fall in the expenditure-to-GDP ratio envisaged in the programme is a distinctive possibility. To a lesser extent, the additional expenditure savings that can be rendered by recently taken measures, namely at the level of public administration, are subject to uncertainty. The evolution of the debt ratio may be less favourable than projected in the programme, given the risks to the macro-economic and budgetary scenarios and the uncertainty about the impact of guarantees granted and of financial assets acquired in the context of the financial rescue package. However, the increase in debt linked to the measures taken in support of the financial sector would be reversed at a later stage if the support scheme and the financial operations linked to it are successful.

| (8) | While the long-term budgetary impact of ageing is somewhat higher than on average in the EU, recently enacted pension reforms have helped contain the projected increase in pension expenditure over the coming decades. The budgetary position in 2008, as estimated in the programme, is almost sufficient to stabilise the debt ratio over the long term before the budgetary impact of population ageing is taken into account. If the 2009 budgetary position as projected in the Commission services' January 2009 interim forecast was taken as the starting point, the sustainability gap would worsen. Moreover, the current level of gross debt is above the Treaty reference value. Achieving higher primary surpluses over the medium term, as already foreseen in the programme, would contribute to reducing the medium risks to the long-term sustainability of public finances. |
| --- | --- |

(8)

While the long-term budgetary impact of ageing is somewhat higher than on average in the EU, recently enacted pension reforms have helped contain the projected increase in pension expenditure over the coming decades. The budgetary position in 2008, as estimated in the programme, is almost sufficient to stabilise the debt ratio over the long term before the budgetary impact of population ageing is taken into account. If the 2009 budgetary position as projected in the Commission services' January 2009 interim forecast was taken as the starting point, the sustainability gap would worsen. Moreover, the current level of gross debt is above the Treaty reference value. Achieving higher primary surpluses over the medium term, as already foreseen in the programme, would contribute to reducing the medium risks to the long-term sustainability of public finances.

| (9) | The programme presents a number of measures aimed at strengthening the budgetary framework. The main elements are the gradual implementation of programme budgeting and of multi-annual cycles with the preparation of budgetary plans for the entire legislative period associated with annual expenditure ceilings. Besides these changes to ex ante budget planning, further changes towards a swifter and more integrated reporting of ex post budgetary execution are also envisaged. Overall, these efforts recognise the importance of strengthening the budgeting process and address two aspects where the Portuguese budgetary framework has shown needs of continued improvement, in particular planning fiscal policy in the broader medium-term setting and controlling expenditure developments in a more thorough way. In addition, the programme outlines measures to improve the efficiency and effectiveness of government services and changes to the governance of State-owned enterprises. |
| --- | --- |

(9)

The programme presents a number of measures aimed at strengthening the budgetary framework. The main elements are the gradual implementation of programme budgeting and of multi-annual cycles with the preparation of budgetary plans for the entire legislative period associated with annual expenditure ceilings. Besides these changes to ex ante budget planning, further changes towards a swifter and more integrated reporting of ex post budgetary execution are also envisaged. Overall, these efforts recognise the importance of strengthening the budgeting process and address two aspects where the Portuguese budgetary framework has shown needs of continued improvement, in particular planning fiscal policy in the broader medium-term setting and controlling expenditure developments in a more thorough way. In addition, the programme outlines measures to improve the efficiency and effectiveness of government services and changes to the governance of State-owned enterprises.

| (10) | The Portuguese authorities have adopted various measures to help stabilise the financial sector. These include strengthening information disclosure obligations by financial institutions; increased bank deposit guarantees (from EUR 25 000 to EUR 100 000 per account holder and bank); and, up to a maximum amount of EUR 20 billion (11,75 % of GDP), both for granting of guarantees to borrowing by Portuguese banks until end 2009 and for reinforcing the core capital of domestic banks through government investment (the latter not exceeding EUR 4 billion). |
| --- | --- |

(10)

The Portuguese authorities have adopted various measures to help stabilise the financial sector. These include strengthening information disclosure obligations by financial institutions; increased bank deposit guarantees (from EUR 25 000 to EUR 100 000 per account holder and bank); and, up to a maximum amount of EUR 20 billion (11,75 % of GDP), both for granting of guarantees to borrowing by Portuguese banks until end 2009 and for reinforcing the core capital of domestic banks through government investment (the latter not exceeding EUR 4 billion).

| (11) | The Portuguese government adopted significant discretionary fiscal measures in response to the economic downturn. The stimulus package for 2009 adopted in December 2008 is in line with the European Economic Recovery Plan (EERP) agreed in December 2008 by the European Council and represents an adequate response to the economic downturn. This package yields a temporary support to economic activity in 2009 and will be discontinued in 2010. It mainly focuses on investment, support to firms and exports and support to employment and social protection. This budgetary effort is intertwined with a frontloading of EU funds of almost 0,5 % of GDP, which is neutral for the budget balance. These measures add to other measures amounting to a total of 0,4 % of GDP that had already been announced over the course of 2008 to support households and firms. The stimulus package is timely, targeted and temporary and the measures broadly respond to the main policy objectives in terms of the short-term challenges posed by the downturn. In addition, the package includes various structural measures that support the longer-term policy reform agenda, to the extent that they can help enhancing potential GDP growth, strengthening competitiveness and employment as well as supporting incomes of disadvantaged groups, for instance by financing upgrades of physical infrastructure or reducing personnel hiring costs. These measures are related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs. Financial operations are also outlined in the programme, notably subsidising credit lines for corporations and the speeding up of commercial debt payments by the general government to the private sector (financed mainly by the recourse to financial debt). |
| --- | --- |

(11)

The Portuguese government adopted significant discretionary fiscal measures in response to the economic downturn. The stimulus package for 2009 adopted in December 2008 is in line with the European Economic Recovery Plan (EERP) agreed in December 2008 by the European Council and represents an adequate response to the economic downturn. This package yields a temporary support to economic activity in 2009 and will be discontinued in 2010. It mainly focuses on investment, support to firms and exports and support to employment and social protection. This budgetary effort is intertwined with a frontloading of EU funds of almost 0,5 % of GDP, which is neutral for the budget balance. These measures add to other measures amounting to a total of 0,4 % of GDP that had already been announced over the course of 2008 to support households and firms. The stimulus package is timely, targeted and temporary and the measures broadly respond to the main policy objectives in terms of the short-term challenges posed by the downturn. In addition, the package includes various structural measures that support the longer-term policy reform agenda, to the extent that they can help enhancing potential GDP growth, strengthening competitiveness and employment as well as supporting incomes of disadvantaged groups, for instance by financing upgrades of physical infrastructure or reducing personnel hiring costs. These measures are related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs. Financial operations are also outlined in the programme, notably subsidising credit lines for corporations and the speeding up of commercial debt payments by the general government to the private sector (financed mainly by the recourse to financial debt).

| (12) | The overall fiscal stance in the programme is expansionary in 2009 and restrictive in 2010. More specifically, the programme targets for 2010 a reversal of the 2009 fiscal expansion, such that the headline deficit would be brought below the 3 % of GDP reference value in 2010 after exceeding it in 2009. A structural improvement is envisaged for 2010 and 2011. However, taking into account the negative balance of risks to the budgetary plans, the reversal in 2010 could require further action to be effective to the extent planned in the programme. Finally, taking into account the risks to the debt projections mentioned above, the debt-to-GDP ratio may be increasing over the whole programme period. |
| --- | --- |

(12)

The overall fiscal stance in the programme is expansionary in 2009 and restrictive in 2010. More specifically, the programme targets for 2010 a reversal of the 2009 fiscal expansion, such that the headline deficit would be brought below the 3 % of GDP reference value in 2010 after exceeding it in 2009. A structural improvement is envisaged for 2010 and 2011. However, taking into account the negative balance of risks to the budgetary plans, the reversal in 2010 could require further action to be effective to the extent planned in the programme. Finally, taking into account the risks to the debt projections mentioned above, the debt-to-GDP ratio may be increasing over the whole programme period.

| (13) | As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme provides all required and most of the optional data (4). |
| --- | --- |

(13)

As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme provides all required and most of the optional data (4).

The overall conclusion is that the programme aims at a significant temporary fiscal impulse in 2009 in line with the EERP, which represents an adequate response to the economic downturn. The programme rightly plans the resumption of fiscal consolidation as soon as the economy recovers. Yet, in the light of the favourable macro-economic assumptions, economic growth may underpin fiscal consolidation by less than envisaged in the programme. Progress with fiscal consolidation is also necessary to strengthen the long-term sustainability of public finances. In addition, further strengthening the budgetary framework can be instrumental to achieve the planned fiscal path. Finally, continue to fostering the quality of public finances is important also to underpin a smooth adjustment of the economy in the light of the imbalances it is faced with, notably by supporting potential GDP growth, helping improving competitiveness and supporting the correction of the external deficit.

In view of the above assessment, Portugal is invited to:

| (i) | implement the 2009 fiscal policy as planned in line with the EERP and within the framework of the SGP, while avoiding a further deterioration of public finances in 2009 and carry out with determination the planned adjustment in 2010 and beyond, strengthening the pace of budgetary consolidation if cyclical conditions are better than projected; |
| --- | --- |

(i)

implement the 2009 fiscal policy as planned in line with the EERP and within the framework of the SGP, while avoiding a further deterioration of public finances in 2009 and carry out with determination the planned adjustment in 2010 and beyond, strengthening the pace of budgetary consolidation if cyclical conditions are better than projected;

| (ii) | further strengthen the budgetary framework, as envisaged, and ensure that fiscal consolidation measures continue to be geared towards enhancing the quality of the public finances in the light of the needed adjustment of the existing imbalances. |
| --- | --- |

(ii)

further strengthen the budgetary framework, as envisaged, and ensure that fiscal consolidation measures continue to be geared towards enhancing the quality of the public finances in the light of the needed adjustment of the existing imbalances.

Comparison of key macro-economic and budgetary projections

| | | 2007 | 2008 | 2009 | 2010 | 2011 |
| --- | --- | --- | --- | --- | --- | --- |
| Real GDP
  (% change) | SP Jan 2009 | 1,9 | 0,3 | – 0,8 | 0,5 | 1,3 |
| COM Jan 2009 | 1,9 | 0,2 | – 1,6 | – 0,2 | n.a. |
| SP Dec 2007 | 1,8 | 2,2 | 2,8 | 3,0 | 3,0 |
| HICP inflation
  (%) | SP Jan 2009 | 2,4 | 2,6 | 1,2 | 2,0 | 2,0 |
| COM Jan 2009 | 2,4 | 2,7 | 1,0 | 2,0 | n.a. |
| SP Dec 2007 | 2,3 | 2,1 | 2,1 | 2,1 | 2,1 |
| Output gap (5)

  (% of potential GDP) | SP Jan 2009 | 0,2 | – 0,4 | – 2,1 | – 2,5 | – 2,5 |
| COM Jan 2009 (6) | 0,8 | 0,2 | – 1,7 | – 2,5 | n.a. |
| SP Dec 2007 | – 2,2 | – 1,8 | – 1,1 | – 0,2 | 0,5 |
| Net lending/borrowing vis-à-vis the rest of the world
  (% of GDP) | SP Jan 2009 | – 8,7 | – 10,5 | – 9,2 | – 8,4 | – 7,6 |
| COM Jan 2009 | – 8,7 | – 10,2 | – 8,2 | – 8,7 | n.a. |
| SP Dec 2007 | – 7,0 | – 5,8 | – 5,6 | – 4,9 | – 4,7 |
| General government revenue
  (% of GDP) | SP Jan 2009 | 43,2 | 43,5 | 44,1 | 43,6 | 43,6 |
| COM Jan 2009 | 43,1 | 44,2 | 42,6 | 42,4 | n.a. |
| SP Dec 2007 | 42,4 | 42,7 | 42,8 | 43,1 | 43,1 |
| General government expenditure
  (% of GDP) | SP Jan 2009 | 45,7 | 45,8 | 48,0 | 46,5 | 45,9 |
| COM Jan 2009 | 45,7 | 46,3 | 47,2 | 46,8 | n.a. |
| SP Dec 2007 | 45,4 | 45,1 | 44,4 | 43,5 | 43,3 |
| General government balance
  (% of GDP) | SP Jan 2009 | – 2,6 | – 2,2 | – 3,9 | – 2,9 | – 2,3 |
| COM Jan 2009 | – 2,6 | – 2,2 | – 4,6 | – 4,4 | n.a. |
| SP Dec 2007 | – 3,0 | – 2,4 | – 1,5 | – 0,4 | – 0,2 |
| Primary balance
  (% of GDP) | SP Jan 2009 | 0,2 | 0,8 | – 0,6 | 0,4 | 1,1 |
| COM Jan 2009 | 0,2 | 0,8 | – 1,7 | – 1,3 | n.a. |
| SP Dec 2007 | – 0,1 | 0,5 | 1,3 | 2,2 | 2,5 |
| Cyclically-adjusted balance (5)

  (% of GDP) | SP Jan 2009 | – 2,7 | – 2,0 | – 3,0 | – 1,8 | – 1,2 |
| COM Jan 2009 | – 3,0 | – 2,3 | – 3,8 | – 3,3 | n.a. |
| SP Dec 2007 | – 2,0 | – 1,6 | – 1,0 | – 0,3 | – 0,4 |
| Structural balance (7)
   (8)

  (% of GDP) | SP Jan 2009 | – 2,7 | – 2,0 | – 3,0 | – 1,8 | – 1,2 |
| COM Jan 2009 | – 3,1 | – 3,0 | – 3,9 | – 3,3 | n.a. |
| SP Dec 2007 | – 2,1 | – 1,6 | – 1,0 | – 0,3 | – 0,4 |
| Government gross debt
  (% of GDP) | SP Jan 2009 | 63,6 | 65,9 | 69,7 | 70,5 | 70,0 |
| COM Jan 2009 | 63,6 | 64,6 | 68,2 | 71,7 | n.a. |
| SP Dec 2007 | 64,4 | 64,1 | 62,5 | 59,7 | 56,7 |
| Stability programme (SP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations. |

2007

2008

2009

2010

2011

Real GDP

(% change)

SP Jan 2009

1,9

0,3

– 0,8

0,5

1,3

COM Jan 2009

1,9

0,2

– 1,6

– 0,2

n.a.

SP Dec 2007

1,8

2,2

2,8

3,0

3,0

HICP inflation

(%)

SP Jan 2009

2,4

2,6

1,2

2,0

2,0

COM Jan 2009

2,4

2,7

1,0

2,0

n.a.

SP Dec 2007

2,3

2,1

2,1

2,1

2,1

Output gap (5)

(% of potential GDP)

SP Jan 2009

0,2

– 0,4

– 2,1

– 2,5

– 2,5

COM Jan 2009 (6)

0,8

0,2

– 1,7

– 2,5

n.a.

SP Dec 2007

– 2,2

– 1,8

– 1,1

– 0,2

0,5

Net lending/borrowing vis-à-vis the rest of the world

(% of GDP)

SP Jan 2009

– 8,7

– 10,5

– 9,2

– 8,4

– 7,6

COM Jan 2009

– 8,7

– 10,2

– 8,2

– 8,7

n.a.

SP Dec 2007

– 7,0

– 5,8

– 5,6

– 4,9

– 4,7

General government revenue

(% of GDP)

SP Jan 2009

43,2

43,5

44,1

43,6

43,6

COM Jan 2009

43,1

44,2

42,6

42,4

n.a.

SP Dec 2007

42,4

42,7

42,8

43,1

43,1

General government expenditure

(% of GDP)

SP Jan 2009

45,7

45,8

48,0

46,5

45,9

COM Jan 2009

45,7

46,3

47,2

46,8

n.a.

SP Dec 2007

45,4

45,1

44,4

43,5

43,3

General government balance

(% of GDP)

SP Jan 2009

– 2,6

– 2,2

– 3,9

– 2,9

– 2,3

COM Jan 2009

– 2,6

– 2,2

– 4,6

– 4,4

n.a.

SP Dec 2007

– 3,0

– 2,4

– 1,5

– 0,4

– 0,2

Primary balance

(% of GDP)

SP Jan 2009

0,2

0,8

– 0,6

0,4

1,1

COM Jan 2009

0,2

0,8

– 1,7

– 1,3

n.a.

SP Dec 2007

– 0,1

0,5

1,3

2,2

2,5

Cyclically-adjusted balance (5)

(% of GDP)

SP Jan 2009

– 2,7

– 2,0

– 3,0

– 1,8

– 1,2

COM Jan 2009

– 3,0

– 2,3

– 3,8

– 3,3

n.a.

SP Dec 2007

– 2,0

– 1,6

– 1,0

– 0,3

– 0,4

Structural balance (7)
   (8)

(% of GDP)

SP Jan 2009

– 2,7

– 2,0

– 3,0

– 1,8

– 1,2

COM Jan 2009

– 3,1

– 3,0

– 3,9

– 3,3

n.a.

SP Dec 2007

– 2,1

– 1,6

– 1,0

– 0,3

– 0,4

Government gross debt

(% of GDP)

SP Jan 2009

63,6

65,9

69,7

70,5

70,0

COM Jan 2009

63,6

64,6

68,2

71,7

n.a.

SP Dec 2007

64,4

64,1

62,5

59,7

56,7

Stability programme (SP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

(1)  OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:

http://ec.europa.eu/economy_finance/about/activities/sgp/main_en.htm

(2)  The assessment notably takes into account the Commission services' January 2009 interim forecast, but also other information that has become available since then.

(3)  Using the recalculated cyclically-adjusted balance, based on the information in the programme, and the definition of one-offs and other temporary measures applied by the Commission services — which indicates higher values for these measures than the programme, especially in 2008 — the structural balance would be – 2,8 % of GDP in 2007, – 2,7 % in 2008, – 3,1 % in 2009 and – 1,8 % of GDP in 2010.

(4)  In particular optional data on deflators of public consumption and of investment (Table 1b) and on government consumption (Table 2) are not provided.

(5)  Output gaps and cyclically-adjusted balances according to the programmes as recalculated by Commission services on the basis of the information in the programmes.

(6)  Based on estimated potential growth of 0,7 %, 0,7 %, 0,4 % and 0,5 % respectively in the period 2007-2010.

(7)  Cyclically-adjusted balance excluding one-off and other temporary measures. There are no one-off and other temporary measures in the programme; according to the Commission services' January 2009 interim forecast they are 0,1 % of GDP in year 2007, 0,7 % in year 2008 and 0,1 % in year 2009, all deficit-reducing.

(8)  Using the recalculated cyclically-adjusted balance, based on the information in the programme, and the definition of one-offs and other temporary measures applied by the Commission services, the structural balance would be – 2,8 % of GDP in 2007, – 2,7 % of GDP in 2008, – 3,1 % in 2009 and – 1,8 % of GDP in 2010.

Source:

Stability programme (SP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 25.3.2009 | EN | Official Journal of the European Union | C 71/13 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/13

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 71/03)

| Date of adoption of the decision | 19.12.2008 |
| --- | --- |
| Reference number of the aid | N 98/07 |
| Member State | Portugal |
| Region | Região Autónoma dos Açores |
| Title (and/or name of the beneficiary) | Regime de apoio à pesca artesanal e costeira, para construção e modernização de navios de pesca |
| Legal basis | Projecto de Portaria da Região Autónoma dos Açores, relativo à gestão da frota de pesca |
| Type of measure | Aid scheme |
| Objective | Aid for the construction and modernisation of fishing vessels |
| Form of aid | Direct grant |
| Budget appropriations | EUR 17,5 million |
| Maximum aid intensity | 50 %/40 % |
| Duration | Period of application of the European Fisheries Fund — until 31.12.2013 |
| Economic sectors | Fisheries |
| Name and address of the granting authority | Governo Regional dos Açores — Secretaria Regional do Ambiente e do Mar |
| Edifício do Relógio — Rua Cônsul Dabney |
| 9900-014 Horta (Açores) |
| PORTUGAL |

Date of adoption of the decision

19.12.2008

Reference number of the aid

N 98/07

Member State

Portugal

Region

Região Autónoma dos Açores

Title (and/or name of the beneficiary)

Regime de apoio à pesca artesanal e costeira, para construção e modernização de navios de pesca

Legal basis

Projecto de Portaria da Região Autónoma dos Açores, relativo à gestão da frota de pesca

Type of measure

Aid scheme

Objective

Aid for the construction and modernisation of fishing vessels

Form of aid

Direct grant

Budget appropriations

EUR 17,5 million

Maximum aid intensity

50 %/40 %

Duration

Period of application of the European Fisheries Fund — until 31.12.2013

Economic sectors

Fisheries

Name and address of the granting authority

Governo Regional dos Açores — Secretaria Regional do Ambiente e do Mar

Edifício do Relógio — Rua Cônsul Dabney

9900-014 Horta (Açores)

PORTUGAL

Other information

Application report

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

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

| Date of adoption of the decision | 9.2.2009 |
| --- | --- |
| Reference number of the aid | N 102/08 |
| Member State | Belgium |
| Region | Het Vlaamse Gewest |
| Title (and/or name of the beneficiary) | VINNOF |
| Legal basis | Beslissing Vlaamse Regering van 29 april 2005 met betrekking tot de oprichting van het Vlaams Innovatiefonds — Decreet van 13 juli 1994 betreffende de Vlaamse investeringsmaatschappijen, laatst gewijzigd bij decreet van 6 juli 2001/Décision du gouvernement flamand du 29 avril 2005 portant création du Fonds d'innovation flamand — décret du 13 juillet 1994 relatif aux sociétés d'investissement flamandes, modifié en dernier lieu par le décret du 6 juillet 2001 |
| Type of measure | Aid scheme |
| Objective | Innovation, Small and medium-sized enterprises |
| Form of aid | Provision of risk capital, Soft loan |
| Budget | Overall budget: EUR 150 million |
| Intensity | — |
| Duration | Until 31.12.2015 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Vlaams Innovatiefonds Comm. VA (VINNOF) |
| Hooikaai 55 |
| 1000 Brussel |
| BELGIË |

Date of adoption of the decision

9.2.2009

Reference number of the aid

N 102/08

Member State

Belgium

Region

Het Vlaamse Gewest

Title (and/or name of the beneficiary)

VINNOF

Legal basis

Beslissing Vlaamse Regering van 29 april 2005 met betrekking tot de oprichting van het Vlaams Innovatiefonds — Decreet van 13 juli 1994 betreffende de Vlaamse investeringsmaatschappijen, laatst gewijzigd bij decreet van 6 juli 2001/Décision du gouvernement flamand du 29 avril 2005 portant création du Fonds d'innovation flamand — décret du 13 juillet 1994 relatif aux sociétés d'investissement flamandes, modifié en dernier lieu par le décret du 6 juillet 2001

Type of measure

Aid scheme

Objective

Innovation, Small and medium-sized enterprises

Form of aid

Provision of risk capital, Soft loan

Budget

Overall budget: EUR 150 million

Intensity

—

Duration

Until 31.12.2015

Economic sectors

All sectors

Name and address of the granting authority

Vlaams Innovatiefonds Comm. VA (VINNOF)

Hooikaai 55

1000 Brussel

BELGIË

Other information

—

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

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

---

| 25.3.2009 | EN | Official Journal of the European Union | C 71/15 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/15

---

Non-opposition to a notified concentration

(Case COMP/M.5470 — Gilde/Plukon)

(Text with EEA relevance)

(2009/C 71/04)

On 17 March 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5470. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5470. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 25.3.2009 | EN | Official Journal of the European Union | C 71/15 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/15

---

Non-opposition to a notified concentration

(Case COMP/M.5468 — GDF Suez/GEK)

(Text with EEA relevance)

(2009/C 71/05)

On 19 March 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5468. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5468. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 25.3.2009 | EN | Official Journal of the European Union | C 71/16 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/16

---

Euro exchange rates (1)

24 March 2009

(2009/C 71/06)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3507 |
| JPY | Japanese yen | 132,68 |
| DKK | Danish krone | 7,4495 |
| GBP | Pound sterling | 0,92060 |
| SEK | Swedish krona | 10,9165 |
| CHF | Swiss franc | 1,5267 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6365 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,015 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 300,85 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7097 |
| PLN | Polish zloty | 4,5504 |
| RON | Romanian leu | 4,2953 |
| TRY | Turkish lira | 2,2415 |
| AUD | Australian dollar | 1,9341 |
| CAD | Canadian dollar | 1,6560 |
| HKD | Hong Kong dollar | 10,4679 |
| NZD | New Zealand dollar | 2,3877 |
| SGD | Singapore dollar | 2,0427 |
| KRW | South Korean won | 1 869,80 |
| ZAR | South African rand | 12,7911 |
| CNY | Chinese yuan renminbi | 9,2247 |
| HRK | Croatian kuna | 7,4484 |
| IDR | Indonesian rupiah | 15 397,98 |
| MYR | Malaysian ringgit | 4,8970 |
| PHP | Philippine peso | 64,960 |
| RUB | Russian rouble | 45,2115 |
| THB | Thai baht | 47,822 |
| BRL | Brazilian real | 3,0581 |
| MXN | Mexican peso | 19,3636 |
| INR | Indian rupee | 68,5080 |

Currency

Exchange rate

USD

US dollar

1,3507

JPY

Japanese yen

132,68

DKK

Danish krone

7,4495

GBP

Pound sterling

0,92060

SEK

Swedish krona

10,9165

CHF

Swiss franc

1,5267

ISK

Iceland króna

NOK

Norwegian krone

8,6365

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,015

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

300,85

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7097

PLN

Polish zloty

4,5504

RON

Romanian leu

4,2953

TRY

Turkish lira

2,2415

AUD

Australian dollar

1,9341

CAD

Canadian dollar

1,6560

HKD

Hong Kong dollar

10,4679

NZD

New Zealand dollar

2,3877

SGD

Singapore dollar

2,0427

KRW

South Korean won

1 869,80

ZAR

South African rand

12,7911

CNY

Chinese yuan renminbi

9,2247

HRK

Croatian kuna

7,4484

IDR

Indonesian rupiah

15 397,98

MYR

Malaysian ringgit

4,8970

PHP

Philippine peso

64,960

RUB

Russian rouble

45,2115

THB

Thai baht

47,822

BRL

Brazilian real

3,0581

MXN

Mexican peso

19,3636

INR

Indian rupee

68,5080

---

(1)

Source: reference exchange rate published by the ECB.

---

| 25.3.2009 | EN | Official Journal of the European Union | C 71/17 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/17

---

WITHDRAWAL OF OBSOLETE COMMISSION PROPOSALS

(2009/C 71/07)

List of proposals withdrawn

| Document | Inter-institutional procedure | Title | OJ publication (1) |
| --- | --- | --- | --- |
| Enlargement |
| COM(2004) 189 | — | Proposal for an Act of Adaptation of the terms of accession of the united Cyprus republic to the European Union | OJ C 122, 30.4.2004, p. 54 |
| Justice, Freedom and Security |
| SEC(2002) 1308/1 | — | Proposal for a Council Decision on the signing by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 | — |
| SEC(2002) 1308/2 | — | Proposal for a Council Decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 | — |
| COM(2003) 558/1 | 2003/0217/CNS | Proposal for a Council Regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas | OJ C 96, 21.4.2004, p. 18 |
| COM(2005) 276/2 | 2005/0128/CNS | Proposal for a Council Framework decision to strengthen the criminal law framework to combat intellectual property offence | OJ C 49, 28.2.2006, p. 37 |
| COM(2005) 317 | 2005/0131/CNS | Proposal for a Council Decision on the improvement of police cooperation between the Member Sates of the European Union, especially at the internal borders and amending the Convention implementing the Schengen Agreement | OJ C 49, 28.2.2006, p. 37 |
| Fisheries and Maritime Policy |
| COM(2006) 505 | | Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the EC and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008 | OJ C 332, 30.12.2006, p. 61 |
| Internal Market and Services |
| COM(2003) 783 | | Proposal for a Council Decision concerning the signing of the Hague Convention on the Law applicable to certain rights in respect of securities held with an intermediary | OJ C 96, 21.4.2004, p. 33 |
| Coordination of Commission Policies |
| COM(2005) 59 | — | Draft Inter-institutional Agreement on the operating framework for the European regulatory agencies | OJ C 123, 21.5.2005, p. 3 |
| Codification |
| COM(2003) 297 | 2003/0104/CNS | Proposal for a Council Regulation on the common organisation of the market in pig meat (Codified version) | OJ C 76, 25.3.2004, p. 20 |
| COM(2006) 315 | 2006/0104/CNS | Proposal for a Council Decision laying down Community criteria for the eradication and monitoring of certain animal diseases (Codified version) | OJ C 184, 8.8.2006, p. 16 |
| COM(2006) 694 | 2006/0231/CNS | Proposal for a Council Regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks (Codified version) | OJ C 78, 11.4.2007, p. 1 |
| Taxation |
| SEC(2007) 958 | | Recommendation to the Council on the participation of the EU in the work of the International Tax Dialogue | — |
| Trade |
| COM(2005) 398 | — | Proposal for a Council Regulation concerning balancing mechanism applicable to imports from certain countries not members of the European Community | OJ C 49, 28.2.2006, p. 37 |
| Energy |
| COM(2002) 130 | | Proposal for a Council Directive on the control of high activity sealed radioactive sources | OJ C 151 E, 25.6.2002, p. 298-304 |
| COM(2003) 370 | | Proposal for a Council Regulation amending Regulation (Euratom) No 2587/1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty establishing the European Atomic Energy Community | OJ C 96, 21.4.2004, p. 5 |
| COM(2006) 709 | | Proposal for a Council Decision on a Community position within the Ministerial Council of the Energy Community on certain procedural issues related to the budget of the Energy Community, on the procedural rules on acceptance of countries as Observers and rights and obligations of Observers to the Energy Community, and on the acceptance of Moldova, Ukraine, Norway and Turkey as Observers to the Energy Community | — |
| COM(2007) 108 | 2007/0042/CNS | Proposal for a Council Regulation on the Financial Regulation applicable to the Euratom Supply Agency | OJ C 194, 31.7.2008, p. 5 |
| Transport |
| COM(2003) 155/2 | 2003/0056/COD | Proposal for a Directive of the European Parliament and of the Council on Intermodal Loading Units | OJ C 76, 25.3.2004, p. 10 |
| COM(2004) 144 | 2004/0050/COD | Proposal for a Regulation of the European Parliament and of the Council on compensation in cases of non-compliance with contractual quality requirements for rail freight services | OJ C 122, 30.4.2004, p. 48 |

Document

Inter-institutional procedure

Title

OJ publication (1)

Enlargement

COM(2004) 189

—

Proposal for an Act of Adaptation of the terms of accession of the united Cyprus republic to the European Union

OJ C 122, 30.4.2004, p. 54

Justice, Freedom and Security

SEC(2002) 1308/1

—

Proposal for a Council Decision on the signing by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001

—

SEC(2002) 1308/2

—

Proposal for a Council Decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001

—

COM(2003) 558/1

2003/0217/CNS

Proposal for a Council Regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas

OJ C 96, 21.4.2004, p. 18

COM(2005) 276/2

2005/0128/CNS

Proposal for a Council Framework decision to strengthen the criminal law framework to combat intellectual property offence

OJ C 49, 28.2.2006, p. 37

COM(2005) 317

2005/0131/CNS

Proposal for a Council Decision on the improvement of police cooperation between the Member Sates of the European Union, especially at the internal borders and amending the Convention implementing the Schengen Agreement

OJ C 49, 28.2.2006, p. 37

Fisheries and Maritime Policy

COM(2006) 505

Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the EC and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008

OJ C 332, 30.12.2006, p. 61

Internal Market and Services

COM(2003) 783

Proposal for a Council Decision concerning the signing of the Hague Convention on the Law applicable to certain rights in respect of securities held with an intermediary

OJ C 96, 21.4.2004, p. 33

Coordination of Commission Policies

COM(2005) 59

—

Draft Inter-institutional Agreement on the operating framework for the European regulatory agencies

OJ C 123, 21.5.2005, p. 3

Codification

COM(2003) 297

2003/0104/CNS

Proposal for a Council Regulation on the common organisation of the market in pig meat (Codified version)

OJ C 76, 25.3.2004, p. 20

COM(2006) 315

2006/0104/CNS

Proposal for a Council Decision laying down Community criteria for the eradication and monitoring of certain animal diseases (Codified version)

OJ C 184, 8.8.2006, p. 16

COM(2006) 694

2006/0231/CNS

Proposal for a Council Regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks (Codified version)

OJ C 78, 11.4.2007, p. 1

Taxation

SEC(2007) 958

Recommendation to the Council on the participation of the EU in the work of the International Tax Dialogue

—

Trade

COM(2005) 398

—

Proposal for a Council Regulation concerning balancing mechanism applicable to imports from certain countries not members of the European Community

OJ C 49, 28.2.2006, p. 37

Energy

COM(2002) 130

Proposal for a Council Directive on the control of high activity sealed radioactive sources

OJ C 151 E, 25.6.2002, p. 298-304

COM(2003) 370

Proposal for a Council Regulation amending Regulation (Euratom) No 2587/1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty establishing the European Atomic Energy Community

OJ C 96, 21.4.2004, p. 5

COM(2006) 709

Proposal for a Council Decision on a Community position within the Ministerial Council of the Energy Community on certain procedural issues related to the budget of the Energy Community, on the procedural rules on acceptance of countries as Observers and rights and obligations of Observers to the Energy Community, and on the acceptance of Moldova, Ukraine, Norway and Turkey as Observers to the Energy Community

—

COM(2007) 108

2007/0042/CNS

Proposal for a Council Regulation on the Financial Regulation applicable to the Euratom Supply Agency

OJ C 194, 31.7.2008, p. 5

Transport

COM(2003) 155/2

2003/0056/COD

Proposal for a Directive of the European Parliament and of the Council on Intermodal Loading Units

OJ C 76, 25.3.2004, p. 10

COM(2004) 144

2004/0050/COD

Proposal for a Regulation of the European Parliament and of the Council on compensation in cases of non-compliance with contractual quality requirements for rail freight services

OJ C 122, 30.4.2004, p. 48

---

(1)  For certain proposals no data for OJ publication are available.

---

European Court of Auditors

| 25.3.2009 | EN | Official Journal of the European Union | C 71/19 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/19

---

Special Report No 9/2008 ‘The effectiveness of EU support in the area of freedom, security and justice for Belarus, Moldova and Ukraine’

(2009/C 71/08)

The European Court of Auditors hereby informs you that Special Report No 9/2008 ‘The effectiveness of EU support in the area of freedom, security and justice for Belarus, Moldova and Ukraine’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: www.eca.europa.eu

A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Communication and Reports Unit |
| 12, rue Alcide De Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel: + 352 4398-1 |
| E-mail: euraud@eca.europa.eu |

European Court of Auditors

Communication and Reports Unit

12, rue Alcide De Gasperi

1615 Luxembourg

LUXEMBOURG

Tel: + 352 4398-1

E-mail: euraud@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---

NOTICES FROM MEMBER STATES

| 25.3.2009 | EN | Official Journal of the European Union | C 71/20 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/20

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2009/C 71/09)

| Member State | Spain |
| --- | --- |
| Concerned routes | Mallorca-Ibiza; Mallorca-Menorca; Menorca-Ibiza |
| Date of entry into force of the public service obligations | Date of publication of this notice |
| Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained | Dirección General de Aviación Civil
  Subdirección General de Transporte Aéreo
  Area de Explotación
  Tel.: 915977505
  Fax 915978643
  E-mail: mmederos@fomento.es |

Member State

Spain

Concerned routes

Mallorca-Ibiza; Mallorca-Menorca; Menorca-Ibiza

Date of entry into force of the public service obligations

Date of publication of this notice

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Area de Explotación

Tel.: 915977505

Fax 915978643

E-mail: mmederos@fomento.es

---

V Announcements

OTHER ACTS

Commission

| 25.3.2009 | EN | Official Journal of the European Union | C 71/21 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/21

---

Publication of an amendment 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

(2009/C 71/10)

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

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

Amendment application pursuant to Article 9

‘PROSCIUTTO DI NORCIA’

EC No: IT-PGI-0117-1554-11.07.2007

PGI ( X ) DO ( )

1.   Heading in the specification affected by the amendment:

| — | | Name of product |
| --- | --- | --- |
| — | | Description of product |
| — | | Geographical area |
| — | | Proof of origin |
| — | | Method of production |
| — | | Link |
| — | | Labelling |
| — | | National requirements |
| — | | Other [to be specified] |

—

Image

Name of product

—

Image

Description of product

—

Image

Geographical area

—

Image

Proof of origin

—

Image

Method of production

—

Image

Link

—

Image

Labelling

—

Image

National requirements

—

Image

Other [to be specified]

2.   Type of change:

| — | | Amendment to single document or summary sheet |
| --- | --- | --- |
| — | | Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published |
| — | | Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006) |
| — | | Temporary amendment to specification resulting from imposition of obligatory sanitary/health or phytosanitary/plant health measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

Image

Amendment to single document or summary sheet

—

Image

Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—

Image

Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—

Image

Temporary amendment to specification resulting from imposition of obligatory sanitary/health or phytosanitary/plant health measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

3.1.   Description of product:

Article 3 of the production specification which gave rise to recognition refers to ‘heavy adult pig’ as the raw material for the production of the protected geographical indication ‘Prosciutto di Norcia’. Since there is a precise definition of ‘heavy adult pig’, in order to provide more relevant information to the inspection body and more reliable data to consumers, it was judged to be advisable to describe the characteristics of ‘heavy adult pig’ in a more positive fashion in the production specification.

3.2.   Proof of origin:

It was judged to be worthwhile inserting in Article 7 information relating to origin which are not mentioned in the production specification in force.

3.3.   National requirements:

All references to the inspection activity carried out by the consortium which is incompatible with Articles 10 and 11 of Regulation (EC) No 510/2006 are to be removed from the production specification.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘PROSCIUTTO DI NORCIA’

EC No: IT-PGI-0117-1554-11.07.2007

PGI ( X ) DO ( )

1.   Name:

‘Prosciutto di Norcia’

2.   Member State or Third Country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product (Annex II):

Class 1.2 — Meat products

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

Prosciutto di Norcia PGI is cured raw ham that when released for consumption has a characteristic pear shape, weighs not less than 8,5 kg, and has an appearance when cut that is compact and ranges in colour from pink to red. It has a typically slightly spicy aroma and a savoury but not salty taste.

3.3.   Raw materials (for processed products only):

‘Prosciutto di Norcia’ PGI is obtained from legs of pork from the Italian Large White and Landrace traditional breeds of pig, as improved by the Italian herd book, or offspring of boars of these breeds; pigs bred from Italian Duroc boars, as improved by the Italian herd book; pigs bred from boars of other breeds or mixed-breed boars, born in Italy or abroad, provided that they are bred under selection or cross-breeding schemes whose aims are not incompatible with those of the Italian herd book for the production of heavy pigs. There is no geographical limit to the origin of the pigs.

However, pigs with antithetic traits, with particular reference to porcine stress syndrome (PSS), are excluded, as are genetic types and animals deemed not to conform to these specifications and pure-bred Belgian Landrace, Hampshire, Piétrain, Duroc and Spotted Poland pigs.

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

The feed used must comply with trade standards. Together with the rearing techniques, the feed must help ensure the production of a heavy pig by moderate daily increases in the ration.

Pigs weighing between 30 and 80 kg (live weight) must be fed on the fodder listed in Tables 1 and 2 of the production specifications, care being taken to ensure that grain accounts for not less than 45 % of the dry matter. Only the fodder listed in Table 2 may be given to pigs weighing over 80 kg live weight, care being taken to ensure that the level of dry matter in the grain is no less than 55 % of the total:

The combined use of whey and buttermilk must not exceed 15 litres per pig/per day.

The nitrogen content resulting from the use of distiller's dried grain must be no more than 2 %.

The combined use of dehydrated potato and manioc must not exceed 15 % of the ration in the dry matter. The tolerance limit for the above parameters is a maximum of 10 %.

The composition of rations given must satisfy the animals' needs during the various growth phases in respect of the aims of this specification.

Mineral and vitamin supplements may be added to rations within the limits laid down by general legislation.

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

The production and maturing phases for ‘Prosciutto di Norcia’ must take place on the territory of the production area delineated in point 4.

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

—

3.7.   Specific rules concerning labelling:

‘Prosciutto di Norcia’ is released for consumption bearing a special mark identifying the product. The mark consists of a symbol bearing the branded indication ‘Prosciutto di Norcia’. The name of the protected geographical indication ‘Prosciutto di Norcia’ must appear in clear and indelible lettering, clearly identifiable from any other wording on the label and followed immediately by the initials ‘IGP’, which must be translated into the language of the country in which the product is marketed. These indications accompany the logo of the designation. It is forbidden to add any description that is not expressly provided for.

However, the use of indications which make reference to names, company names and private marks, other than those with complimentary implications or likely to mislead the consumer, is authorised, as are names of pig farms from which the product comes.

4.   Concise definition of the geographical area:

The geographical area in which ‘Prosciutto di Norcia’ is processed comprises the municipalities of Norcia, Preci, Cascia, Monteleone Spoleto and Poggiodomo, situated at an altitude of over 500 metres above sea level.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The geographical area indicated in point 4 is characterised by high mountain ridges, which prevent the influx of damp air from the sea, and by the presence of chalk formations which allow rainwater to disperse. These characteristics, combined with the special knowhow and knowledge that the local inhabitants have acquired over the years in the field of pig farming and the preparation of cuts of pork have fostered an optimum natural and human environment for the production of quality ham in this geographical area.

5.2.   Specificity of the product:

Prosciutto di Norcia PGI has an appearance when cut that is compact, it ranges in colour from pink to red, and it has a typically slightly spicy aroma and a savoury but not salty taste.

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

The specific quality of ‘Prosciutto di Norcia’ is closely linked not only to the human factors involved in its preparation but also to the environmental conditions. The area's natural environment is particularly propitious for the maturing and curing process owing to the climatic characteristics and the nature of the terrain, as described in point 5.1. Also, the art of conserving pigmeat in the Nursino region was already famous in Roman times. As a result of the poverty associated with mountain farming and the imposed period of inactivity during the cold season, the inhabitants of the region were specialised in livestock farming activities. These activities spread during the period of the Republic and the Roman Empire, as well as under the domination of the Church, which worked to exploit the Latium campaigns. The local inhabitants therefore became specialists in the anatomy and slaughtering of pigs, as well as the preparation and conservation of cuts of pork using typical know-how that is still preserved today, the cuts being destined for sale, salted and cured in neighbouring regions.

Reference to publication of the specification:

The full text of the product specification is available:

| — | on the following website:
  www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg
  or |
| --- | --- |

—

on the following website:

www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or

| — | by going directly to the home page of the Ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and finally on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’. |
| --- | --- |

—

by going directly to the home page of the Ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and finally on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’.

---

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

---

| 25.3.2009 | EN | Official Journal of the European Union | C 71/25 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/25

---

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

(2009/C 71/11)

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

‘AMARENE BRUSCHE DI MODENA’

EC No: IT-PGI-005-0714-23.07.2008

PGI ( X ) PDO ( )

1.   Name

‘Amarene Brusche di Modena’

2.   Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product (Annex II)

Class 1.6 — Fruit, vegetables and cereals, fresh or processed

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

When released for consumption, ‘Amarene Brusche di Modena’ PGI jam has a soft consistency and a characteristic intense red-brown colour with dark tinges. It has a refractive index at 20 °C of between 60° and 68 °Brix. The typical acidity level is between 2,5 and 3,5 pH. The finished product contains 70 % fresh fruit.

The distinctive flavour of ‘Amarene Brusche di Modena’ PGI jam is a good balance of sweet and sour, with an acidic tinge. When released for consumption, ‘Amarene Brusche di Modena’ jam has a minimum sugar content of 60 %.

3.3.   Raw materials (for processed products only)

The raw material from which ‘Amarene Brusche di Modena’ PGI jam is made are sour cherries from orchards growing the varieties Amarena di Castelvetro, Amarena di Vignola dal peduncolo corto (short stalk), Amarena di Vignola dal peduncolo lungo (long stalk), Amarena di Montagna, Amarena di Salvaterra, Marasca di Vigo, Meteor, Mountmorency and Pandy.

3.4.   Feed (for products of animal origin only)

—

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

The cherries must be grown and the ‘Amarene Brusche di Modena’ jam produced in the geographical area delineated under point 4, where conditions are favourable to the development of the cherry trees, as explained under point 5.1.

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

The jam must also be packaged in the area under point 4 in order that the origin and control of the product can be guaranteed, so that it does not lose the special characteristics described under point 3.2 above and to prevent subsequent pasteurisation, which could affect the typical flavour, based as it is on a good balance between acidity and sweetness.

‘Amarene Brusche di Modena’ PGI jam is put up in jars or tins of 15 ml, 212 ml, 228 ml, 236 ml, 314 ml, 370 ml, 2 650 ml and 5 000 ml. The 2 650 ml and 5 000 ml sizes are for wholesale.

3.7.   Specific rules concerning labelling

The ‘Amarene Brusche di Modena’ PGI logo consists of a letter ‘A’ featuring, instead of the cross-line, a picture of a sour cherry with a stalk and a leaf. The device takes up a 74 × 74 mm square. Below it, on three lines, are set out the words AMARENE BRUSCHE DI MODENA I.G.P. The size of the logo may be adapted in proportion to suit different sizes of packaging.

Image

4.   Concise definition of the geographical area

The fruit is grown and the ‘Amarene Brusche di Modena’ PGI jam produced in an area made up of the administrative territory of the municipalities of Bastiglia, Bomporto, Campogalliano, Camposanto, Carpi, Castelfranco Emilia, Castelnuovo Rangone, Castelvetro di Modena, Cavezzo, Concordia sul Secchia, Finale Emilia, Fiorano Modenese, Formigine, Guiglia, Maranello, Marano sul Panaro, Medolla, Mirandola, Modena, Montese, Nonantola, Novi di Modena, Pavullo nel Frignano, Prignano sul Secchia, Ravarino, S. Cesario sul Panaro, S. Felice sul Panaro, S. Possidonio, S. Prospero sul Secchia, Sassuolo, Savignano sul Panaro, Serramazzoni, Soliera, Spilamberto, Vignola and Zocca in the Province of Modena, and the neighbouring parts of the Province of Bologna, in the following municipalities: Anzola nell'Emilia, Bazzano, Castel d'Aiano, Castello di Serravalle, Crespellano, Crevalcore, Monte S. Pietro, Monteveglio, San Giovanni in Persiceto, Sant'Agata Bolognese, Savigno and Vergato.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The area in which ‘Amarene Brusche di Modena’ PGI jam is produced is characterised by very deep soil which is generally fertile and well-structured, fairly porous and permeable, with essentially a silt-loam conformation and traces of clay. Hence it is ideally suited to growing sour cherry trees, which need to grow in permeable, well-drained and cool ground. The particular structure and texture of the soil mean that it has good porosity and drains well, and thus that the ground is well aerated. The area in question is criss-crossed by a dense network of natural and man-made waterways. The climate type tends to be sub-humid, and sub-arid in the lower-lying parts of the low plain around Modena; such conditions are particularly conducive to the growth of sour cherry trees.

5.2.   Specificity of the product

The ‘Amarene Brusche di Modena’ protected geographical indication differs from other products belonging to the same category of goods by virtue, above all, of the particular organoleptic and chemical and physical requirements of the raw material, which in turn come from the variety of sour cherries grown in the area of production, and especially the characteristic flavour of the jam, which strikes a good balance between sweetness and sourness, with an acidic tinge. Another important distinguishing characteristic is the natural production process, which is based on concentrating the fruit through thermal evaporation without the use of thickeners, colorants or preservatives, the high ratio of fruit to added sugar and the absence of further processing prior to packaging.

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

The application for registration of ‘Amarene Brusche di Modena’ jam as a PGI is justified by the product's fame and reputation. The jam's reputation is documented by abundant bibliographical references attesting to the special know-how, passed down over time among the locals, in dealing with the need to process quickly a fruit that does not keep well and creating a product renowned and appreciated mainly for the natural way in which it is produced.

To illustrate the product's reputation, one cannot ignore the existence of a production base, in the area delineated under point 4 above, that even at the start of the last century was home to many cherry orchards and centres for the collection and cold storage of cherries, as well as a number of small-scale businesses and small and medium-sized jam producers. Farmers interested in producing jam have access to a pool of over 350 skilled workers, which brings considerable added value to the product. The first trials involving the intensive cultivation of cherry trees were conducted in 1882 by Luigi Mancini, a lawyer and owner of the ‘La Colombarina’ estate near Vignola, but actually the great botanist Giorgio Gallesio records as early as 1820 the practice of surrounding country cottages with cherry trees so that the fruit could be used for making syrups, preserves, jams, puddings and cakes, in line with the solid family tradition of preparing cherries in the rural province of Modena.

There are many old recipes that testify to the use of the product in the past for preparing local specialities, both in the home and on a small-scale commercial basis, from the finest to the most recent, involving the use of the jam for home-made tarts in particular. Evidence of this can be found in two Modenese manuscripts from the 1800s which explain how to prepare the jam — one is made up of four notebooks kept by four generations of middle-class house-owners and was published in 1970; the other, published in 2001, was written by Ferdinando Cavazzoni, the confectioner of the Molzas, a noble family of Modena.

Reference to publication of the specification

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

The Government launched the national objection procedure with the publication of the proposal for recognising ‘Amarene Brusche di Modena’ as a protected geographical indication in the Official Gazette of the Italian Republic No 169 of 21 July 2004.

The full text of the product specification is available on the internet at the following website:

| — | www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg
  or |
| --- | --- |

—

www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or

| — | by going directly to the home page of the Italian agriculture ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’. |
| --- | --- |

—

by going directly to the home page of the Italian agriculture ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’.

---

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

---

| 25.3.2009 | EN | Official Journal of the European Union | C 71/28 |
| --- | --- | --- | --- |

25.3.2009

EN

Official Journal of the European Union

C 71/28

---

Publication of an amendment 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

(2009/C 71/12)

This publication confers the right to object to the amendment 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.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

Amendment application pursuant to Article 9

‘LA BELLA DELLA DAUNIA’

EC No: IT-PDO-105-0085-09.07.2007

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment:

| — | | Name of product |
| --- | --- | --- |
| — | | Description of product |
| — | | Geographical area |
| — | | Proof of origin |
| — | | Method of production |
| — | | Link |
| — | | Labelling |
| — | | National requirements |
| — | | Other [to be specified] |

—

Image

Name of product

—

Image

Description of product

—

Image

Geographical area

—

Image

Proof of origin

—

Image

Method of production

—

Image

Link

—

Image

Labelling

—

Image

National requirements

—

Image

Other [to be specified]

2.   Type of change:

| — | | Amendment to single document or summary sheet |
| --- | --- | --- |
| — | | Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published |
| — | | Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006) |
| — | | Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by the public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

Image

Amendment to single document or summary sheet

—

Image

Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—

Image

Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—

Image

Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by the public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

3.1.   Description of product

Section 4.2 ‘Description’ in the summary sheet published in 1999 envisaged an indicative harvest date of 1 October, while the specification published in 2000 distinguished between two harvest dates, setting the starting date for green olives as 1 October and for black olives as 25 October.

With regard to the 2000 specification, it has become necessary to bring forward the harvesting of the black olives to 1 October too, since, as a result of changes in climatic conditions, the olives can already be turning colour or have matured as at that date, with wine-red colouration.

Moreover, as a purely formal clarification, it should be pointed out that the weight laid down for the two types of olives (green and black) when they are released for consumption is between 6 g and 30 g, thus entailing replacement of the phrase ‘the average weight of the stone fruit is more than 11 g, with a maximum of 18 g’ contained in the 1999 summary sheet.

3.2.   Method of production

It has been observed that, with the assistance of irrigation and the most modern agronomical practices, it is possible to obtain quantities greater than 11 tonnes per hectare. Accordingly, so as not to create an unjustified restriction on production, it is necessary to request an amendment to the maximum quantity per hectare, increasing the maximum yield from 11 to 15 tonnes per hectare.

The concentrations of alkaline solution measured in the old specification in degrees Baumé, with limits from 2° to 4°, are expressed in percentage terms (w/v) in the new specification and set at 1,7 % to 4,0 %. The reason for this is to allow all producers to operate in the traditional manner.

The maximum duration of treatment with the alkaline solution is increasing from 12 to 15 hours, as it has been ascertained that, in certain climatic conditions, it is necessary to wait more than 12 hours.

It has been specified that ‘When the period between the fermentation stage and the packaging stage exceeds six months, it is necessary to add ground salt so as to stabilise brine between 8 % and 10 %’, as it was ascertained that this was not necessary for olives packaged within six months of fermentation.

For black olives, the Californian System, which local experience has shown to be more appropriate for olives of the Bella di Cerignola variety, has been introduced. For method (A), it has been specified that, for ferrous gluconate or ferrous lactate, levels up to 150 mg/kg are to be considered residues.

Other types of container have been introduced to respond to the requests of certain markets.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘LA BELLA DELLA DAUNIA’

EC No: IT-PDO-105-0085-09.07.2007

PGI ( ) PDO ( X )

1.   Name:

‘La Bella della Daunia’

2.   Member State or Third Country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product (Annex II)

Class 1.6 — Fruit, vegetables and cereals, fresh or processed

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

When they are released for consumption, PDO ‘La Bella della Daunia’ green table olives must have the following characteristics:

| — | the colour must be uniform straw green with marked lenticels, |
| --- | --- |

—

the colour must be uniform straw green with marked lenticels,

| — | elongated shape, resembling a plum with a narrow base and a sharp, slender apex, |
| --- | --- |

—

elongated shape, resembling a plum with a narrow base and a sharp, slender apex,

| — | delicateness, taste and full, solid consistency of the pulp, thinness of the skin, |
| --- | --- |

—

delicateness, taste and full, solid consistency of the pulp, thinness of the skin,

| — | weight between 6 g and 30 g, |
| --- | --- |

—

weight between 6 g and 30 g,

| — | pulp yield > 80 %, |
| --- | --- |

—

pulp yield > 80 %,

| — | fat content < 15 %, |
| --- | --- |

—

fat content < 15 %,

| — | reducing sugars content < 2,8 %. |
| --- | --- |

—

reducing sugars content < 2,8 %.

When they are released for consumption, PDO ‘La Bella della Daunia’ black table olives must have the following characteristics:

| — | the exterior must be dark black, |
| --- | --- |

—

the exterior must be dark black,

| — | elongated shape, resembling a plum with a narrow base and a sharp, slender apex, |
| --- | --- |

—

elongated shape, resembling a plum with a narrow base and a sharp, slender apex,

| — | delicateness, taste and full, solid consistency of the pulp, thinness of the skin, |
| --- | --- |

—

delicateness, taste and full, solid consistency of the pulp, thinness of the skin,

| — | weight between 6 g and 30 g, |
| --- | --- |

—

weight between 6 g and 30 g,

| — | pulp yield > 80 %, |
| --- | --- |

—

pulp yield > 80 %,

| — | fat content < 18 %, |
| --- | --- |

—

fat content < 18 %,

| — | reducing sugars content < 2,4 %. |
| --- | --- |

—

reducing sugars content < 2,4 %.

The olives are harvested directly from the trees, starting from 1 October; for the green olives, when the skin begins to turn from leaf green to straw green with pronounced lenticels, for the black olives when they are turning colour or have matured, with wine-red colouration.

The maximum olive yield per hectare which can receive protection must not exceed 15 tonnes/hectare, in single or mixed cropping (here, this is a weighted yield).

3.3.   Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

—

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

The production stage of ‘La Bella della Daunia’ must take place in the production area demarcated in point 4.

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

—

3.7.   Specific rules concerning labelling

All the containers must be labelled in accordance with the requirements of the legal provisions in force; the label will indicate the following, in clear, legible print of the same size: ‘La Bella della Daunia’ and ‘Denominazione di origine protetta’ (‘Protected Designation of Origin’) (or the acronym DOP (PDO)); the name, company name and address of the producer and packager; the drained net weight contained in the package, expressed in compliance with the rules in force. The graphic symbol for the artistic image of the specific, unambiguous logo to be used compulsorily alongside the protected designation of origin must also appear. The graphic symbol takes the form of a female figure inspired by an ancient vase painting tradition in Daunia, rendered in ‘negative’. It is a female dancer, holding a raised olive branch in her left hand. The words ‘La Bella della Daunia’ in classical ‘serif’ (upper case) characters surround the figure.

In the upper part of the outer frame, which is coloured pantone 872, the words ‘Oliva da mensa DOP’ (‘PDO table olive’) appear, while the name of the cultivar, ‘Bella di Cerignola’ variety, appears in the lower part. The graphic symbol will be reproduced on a sticker that comes in three sizes, with a diameter of 2 cm, 3 cm or 5 cm.

4.   Concise definition of the geographical area:

The municipalities of Cerignola, Orta Nova, S. Ferdinando di Puglia, Stornara, Stornarella, Trinitapoli (FG) are part of the large Apulian Table (Tavoliere della Puglia). This is made up of a central part, which constitutes the largest area, and two extensive strips to the north and south of differing geographical configuration. The municipalities listed are located in the central area, towards the coastal zone. This zone slopes gently and evenly towards the sea, which is at the eastern limit of the area. As the average altitude is 100 m to 150 m above sea level, the Apulian Table must be considered to be one of Italy's coastal plains. The slope is 7 % to 8 %. The water table level varies between 25 m and 50 m depending on the area. The depth of the artesian aquifers also varies depending on the area, but flows are already good at 60 m to 70 m.

Area: Cerignola: 58 965 ha, Orta Nova: 14 393 ha, S. Ferdinando di Puglia: 4 181 ha, Stornara: 3 364 ha, Stornarella: 3 388 ha, Trinitapoli: 14 755 ha. Total: 99 046 ha. The area demarcated by the ‘La Bella della Daunia’ PDO is about 30 % smaller, given that the areas whose soil and climatic conditions are not suitable for growing table olives have been excluded. At present, around 850 ha are under cultivation. 180 ha were recently plated with European Union assistance.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area

The municipalities of Cerignola, Orta Nova, S. Ferdinando di Puglia, Stornara, Stornarella and Trinitapoli (FG) have comparable soil, climate and hydrogeological characteristics such as to constitute a homogenous production area. The climate is typically Mediterranean: cold and wet in autumn/winter, hot and dry in summer. The sirocco or southern wind, which arrives wet on the Tyrrhenian side and brings rain, loses its moisture crossing the Apennines and sweeps down on the Adriatic and Ionic sides as a hot, dry wind. Soils are of varying depth and their level of compaction varies considerably; medium soils predominate. Permeability is generally good, with winter water-logging being due to the presence of small areas of hardpan, rich in limestone and sandy clay. The pH is almost always sub-alkaline or neutral. These soils can achieve a good level of productivity and, with rational working, offer a favourable physical structure.

5.2.   Specificity of the product

The name is without doubt the result of the characteristic shape of the drupes, which are very reminiscent of plums. It is a partially self-compatible cultivar, with good pollinators being the Sant'Agostino, Biancolilla, Termite di Bitetto and Mele cultivars. Fruit setting is around 0,20 % to 0,40 %. The fruit of this variety is very well known for its size, handsome appearance, pulp volume and texture, and ability to withstand handling and storage. It is mainly processed when green; however, owing to strong consumer demand, black olives, and those turning colour, have recently begun to be processed.

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

‘La Bella della Daunia’ comes from the original variety ‘Oliva di Cerignola’, a polyclonal cultivar with very variable distinctive characteristics resulting from the richness of the genetic matrix, soil and climatic factors, the rootstock and developments in growing techniques. From this common variety in the Daunia (now known as the Tavoliere di Capitanata), a better clone with genetic affinity with the original cultivar but superior commercial properties was produced following natural genetic mutation and through constant, careful clonal selection by the growers themselves and local nurseries. This new cultivar was called ‘Bella di Cerignola’ and entered under No 15 in the Italian olive cultivation register.

REFERENCE TO PUBLICATION OF THE SPECIFICATION:

This administration has initiated the national objection procedure for the proposal to amend the ‘La Bella della Daunia’ PDO.

The full text of the product specification is available:

| — | at the following website:
  www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm? txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg
  or |
| --- | --- |

—

at the following website:

www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm? txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or

| — | by going directly to the home page of the Ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and finally on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’. |
| --- | --- |

—

by going directly to the home page of the Ministry (www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and finally on ‘Disciplinari di Produzione all'esame dell'UE (Reg CE 510/2006)’.

---

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

---