ISSN 1725-2423

Official Journal

of the European Union

C 85

European flag  

English edition

Information and Notices

Volume 51
4 April 2008


Notice No

Contents

page

 

I   Resolutions, recommendations and opinions

 

RECOMMENDATIONS

 

Commission

2008/C 085/01

Commission Recommendation of 31 March 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services ( 1 )

1

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

 

Commission

2008/C 085/02

Non-opposition to a notified concentration (Case COMP/M.5065 — AXA/CDC/Hotels ACCOR) ( 1 )

5

2008/C 085/03

Non-opposition to a notified concentration (Case COMP/M.5073 — Scholz/TTC/GMPL/JV) ( 1 )

5

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

 

Commission

2008/C 085/04

Euro exchange rates

6

 

NOTICES FROM MEMBER STATES

2008/C 085/05

Declaration by the Government of Malta pursuant to Article 5 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

7

 

V   Announcements

 

ADMINISTRATIVE PROCEDURES

 

Commission

2008/C 085/06

Call for proposals — Preparatory Action MEDIA International

8

2008/C 085/07

Call for proposals under the work programme People of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities

10

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

 

Commission

2008/C 085/08

Prior notification of a concentration (Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône) ( 1 )

11

2008/C 085/09

Prior notification of a concentration (Case COMP/M.5129 — Delta Lloyd/Swiss Life Belgium) — Candidate case for simplified procedure ( 1 )

12

 

OTHER ACTS

 

Commission

2008/C 085/10

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

13

2008/C 085/11

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

17

 


 

(1)   Text with EEA relevance

EN

 


I Resolutions, recommendations and opinions

RECOMMENDATIONS

Commission

4.4.2008   

EN

Official Journal of the European Union

C 85/1


COMMISSION RECOMMENDATION

of 31 March 2008

on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services

(Text with EEA relevance)

(2008/C 85/01)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

(1)

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1) imposes clear obligations as regards cooperation between national administrations, and makes it the responsibility of the Member States to create the necessary conditions for such cooperation. This obligation includes the designation, in accordance with national legislation and/or practice, of one or more monitoring authorities organised and equipped in such a way as to function effectively and to be able to deal promptly with requests of information regarding terms and conditions of employment covered by Directive 96/71/EC.

(2)

Directive 96/71/EC furthermore sets out a clear obligation for the Member States to take the appropriate measures to make the information on the terms and conditions of employment generally available, not only to foreign service providers, but also to the posted workers concerned.

(3)

Notwithstanding improvements in terms of access to information, there are still justified concerns as to the way the Member States have implemented and/or apply in practice the rules on administrative cooperation as provided for by Directive 96/71/EC (2). Satisfactory implementation, correct application and effective compliance with and enforcement in practice of Directive 96/71/EC do not seem possible unless this situation is corrected (3).

(4)

The monitoring exercise launched by the Commission on the basis of its Communication ‘Guidance on the posting of workers in the framework of the provision of services’ (4) furthermore showed that many Member States tend to rely solely on their own national measures and instruments to monitor the compliance with the terms and conditions of employment applicable to posted workers by service providers. This situation may well be related to, if not caused by, the virtual absence of administrative cooperation, the still unsatisfactory access to information as well as cross-border enforcement problems (5).

(5)

To ensure compliance with their terms and conditions of employment (6), the authorities of the Member State in which the services are provided apply certain control measures or administrative formalities to posting undertakings. The necessity for preventive actions and appropriate sanctions aimed at protecting posted workers is indisputable. The analysis of the control measures used by the Member States, however, shows their striking diversity and indicates that some of these may not be proportionate and may therefore not be in conformity either with Article 49 of the Treaty as interpreted by the European Court of Justice or with Directive 96/71/EC.

(6)

Legitimate monitoring needs cannot be fulfilled while fully complying with Community law unless the Member States improve, and reinforce if necessary, the way they effectively cooperate with each other and/or unless access to information is improved as stipulated in Directive 96/71/EC (7).

(7)

Adequate and effective implementation and enforcement are key elements in protecting posted workers rights, whereas poor enforcement undermines the effectiveness of the Community rules applicable in this area. Close co-operation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.

(8)

With respect to the posting of workers in the framework of the provision of services different administrative cultures, structures and languages, as well as lack of clearly established procedures and clearly identified actors constitute significant barriers for an efficient working cooperation between Member States in this area. The use of an appropriate and well functioning electronic information system designed to facilitate mutual assistance and information exchange between Member States is a very effective tool to break down many of these barriers and is thus essential for Member States to be able to cooperate closely. Such a system should allow competent authorities and other actors involved, such as social partners, to identify easily their relevant interlocutors in other Member States and to communicate in an efficient way. Furthermore, it should help in creating a climate of mutual trust and confidence, fundamental for administrative cooperation to function effectively.

(9)

Providing easily accessible, accurate and up to date information to undertakings and workers about the terms and conditions of employment that will apply to posted workers in the host Member State is a fundamental condition contributing to preventing the emergence of conflicts, problematic situations and abuses. Therefore, the necessary measures should be taken to provide effective access to information for posted workers and their employers (8).

(10)

Urgent action is required to remedy shortcomings in the implementation, application and enforcement of the legislation pertaining to the posting of workers, by reinforcing administrative cooperation between the Member States, through using more effective systems of exchange of information, improving access to information and promoting exchange of information and on best practices,

HEREBY RECOMMENDS:

1.   Information exchange system

Member States should take the necessary measures and make the required efforts to put in place an electronic information exchange system, such as the Internal Market Information System (‘IMI’)  (9) , and in particular to develop, in close cooperation with Commission services, first of all a — specific — application to support the administrative cooperation necessary to improve the practical implementation of Directive 96/71/EC.

The development of such an electronic information exchange system for the administrative cooperation in the context of Directive 96/71/EC would imply the following for Member States:

1.

identifying the main issues and questions on which information will have to be exchanged and which thus should be included in the exchange system;

2.

identifying the competent authorities and, if necessary, other actors involved in the monitoring and control of the employment conditions of posted workers that will take part in the exchange system;

3.

clarifying of the role of liaison offices;

4.

examining the issue of adequate safeguards for the protection of personal data exchanged during an information exchange between Member States authorities and, if necessary, other actors involved (10).

Member States should, on the basis of the results of these preliminary examinations, furthermore assess and decide, in cooperation with Commission services, whether IMI provides the most suitable support for the information exchange as set out in Article 4 of Directive 96/71/EC.

The Commission will provide support and assistance to the Member States in this respect and undertakes to work very closely with them in order to achieve the necessary progress in due time. In particular, it will facilitate and coordinate the work of an operational task force, to be set up on a voluntary basis, and provide external technical assistance if appropriate, throughout the development of the specific application.

2.   Access to information

Member States should increase their efforts to enhance access to the information on the terms and conditions of employment that must be applied by service providers, and to ensure that their liaison offices are in a position to carry out their tasks effectively.

In order to bring about further improvements with respect to the access to information, Member States should:

1.

avoid referring to or providing general information on labour law only, but instead to indicate clearly which terms and conditions of employment and/or which part of their (national and/or regional) legislation have to be applied to workers posted to their territory;

2.

take the necessary measures to make generally available the information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by foreign service providers; where possible, links to existing Internet sites and other contact points, in particular the relevant Social Partners, should be provided;

3.

make this information available to workers and service providers in languages other than the national language(s) of the country in which the services are provided; if possible, in a summarised leaflet form indicating the main labour conditions applicable;

4.

make better use of possibilities offered by the Internet and to improve the accessibility and clarity of the information provided on the national websites (11).

In addition Member States should:

5.

enable liaison offices to have an efficiently organised structure at their disposal and be equipped with appropriate staff and other resources to fulfil their duties to provide information;

6.

indicate, if possible, a contact person within the liaison office in charge of dealing with requests for information.

The Commission will continue to support the Member States in this area, especially through the existing portal on the EUROPA website with links to national websites on the posting of workers.

3.   Exchange of good practice

Member States should participate actively in a systematic and formal process of identification and exchange of good practice in the field of posting of workers through any forums of cooperation established by the Commission to that end, such as the envisaged High-Level Committee (for further details see the Annex).

Done at Brussels, 31 March 2008.

For the Commission

Vladimír ŠPIDLA

Member of the Commission


(1)  OJ L 18, 21.1.1997, p. 1.

(2)  Commission's Staff Working Documents SEC(2006) 439 and SEC(2007) 747, as well as Communication ‘Posting of workers in the framework of the provision of services: maximising its benefits and potential while guaranteeing the protection of workers’, in particular part 6 Conclusions, COM(2007) 304 final of 13 June 2007, page 9.

(3)  See in this context also Resolution of the European Parliament of 11 July 2007, B6-0266/2007.

(4)  COM(2006) 159 final, 4 April 2006.

(5)  Communication ‘Posting of workers in the framework of the provision of services: maximising its benefits and potential while guaranteeing the protection of workers’, in particular part 6 Conclusions, COM(2007) 304 final of 13 June 2007, as well as the accompanying Staff working document, SEC(2007) 747.

(6)  Idem Resolution of the European Parliament on the Schroedter report of 26 October 2006.

(7)  The same point is stressed in the Resolution of the European Parliament, see in particular points 21 and 32 et seq. From the replies received in the context of the public consultation launched on the modernisation of labour law, COM(2006) 708 of 22 November 2006, it resulted also that the need for better and improved cooperation was also largely supported by the Member States (see COM(2007) 627 final of 24 October 2007) and the accompanying Staff Working Document, SEC(2007) 1373.

(8)  The same point and call for action was stressed by the European Parliament in its Resolution of 11 July 2007, see point 18.

(9)  IMI is an information system designed to facilitate mutual assistance and information exchange between Member States. It provides a tool for secure and fast data exchange among European authorities, allowing them to work together effectively despite barriers due to different languages and administrative procedures and structures. The first applications developed will support the revised Professional Qualifications Directive (2005/36/EC of the European Parliament and of the Council) and the Services Directive (2006/123/EC of the European Parliament and of the Council).

(10)  See in this context also Commission Decision 2008/49/EC of 12 December 2007 concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data (OJ L 13, 16.1.2008, p. 18).

(11)  The national websites have links in the Commission website on posting of workers:

http://europa.eu.int/comm/employment_social/labour_law/postingofworkers_en.htm


ANNEX

High-Level Committee in the field of posting of workers (to be established): envisaged role, tasks and responsibilities

The exchanges of information that have taken place so far on a voluntary basis within the informal group of governmental experts on the posting of workers, have shown that the group was effective in improving the available means of exchange of information on the terms and conditions of employment for posted workers. Furthermore, it has provided useful information to the Commission with respect to the implementation and application of Directive 96/71/EC.

Enhanced administrative cooperation requires also developing effective means for identifying and exchanging good practice in all matters relevant to the correct application and enforcement in practice of Directive 96/71/EC. It will thus be possible to greatly improve administrative cooperation and prevent the emergence of conflicts and the frequent recourse to jurisdictional dispute settlement.

Therefore, as already announced in its Communication of 13 June 2007, the Commission envisages setting up a High-Level Committee, with the following intended tasks and objectives:

1.

identify and promote the exchange of experience and best practices;

2.

promote the exchange of relevant information, including information on existing forms of (bilateral) administrative cooperation between the Member States and/or Social Partners;

3.

examine (administrative) questions, difficulties and specific issues concerning the implementation, application, as well as effective compliance with and enforcement of Directive 96/71/EC or the national implementing measures, relevant for the posting of workers;

4.

examine any difficulties which might arise in the application of Article 3(10) of Directive 96/71/EC;

5.

monitor progress achieved in improving administrative cooperation, in particular the development of the — specific — application to support the administrative cooperation, and the adaptation and implementation of the IMI, as well as improvement of access to information and, if necessary, suggest steps or actions to be taken;

6.

examine possibilities to increase effective compliance with and enforcement of workers rights and protection of their position, if necessary;

7.

engage in an in-depth examination of practical cross-border enforcement problems.

In order to reach these objectives, the High-Level Committee should closely involve the public bodies responsible for the control of the legislation in Member States that applies to posted workers, such as labour inspectorates. It should also, in accordance with national law and/or practice, formally involve social partners regularly, in particular representatives of sectoral social partners in sectors with a high incidence of recourse to posted workers.

The Commission is ready to adopt a Commission Decision setting up such a High-Level Committee in the near future, where its composition, objectives and working methods will be defined. To this effect, it will take into account the outcome of the debate in the Council following this Recommendation.


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

4.4.2008   

EN

Official Journal of the European Union

C 85/5


Non-opposition to a notified concentration

(Case COMP/M.5065 — AXA/CDC/Hotels ACCOR)

(Text with EEA relevance)

(2008/C 85/02)

On 27 March 2008, 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 French 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,

in electronic form on the EUR-Lex website under document number 32008M5065. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).


4.4.2008   

EN

Official Journal of the European Union

C 85/5


Non-opposition to a notified concentration

(Case COMP/M.5073 — Scholz/TTC/GMPL/JV)

(Text with EEA relevance)

(2008/C 85/03)

On 31 March 2008, 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,

in electronic form on the EUR-Lex website under document number 32008M5073. 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

4.4.2008   

EN

Official Journal of the European Union

C 85/6


Euro exchange rates (1)

3 April 2008

(2008/C 85/04)

1 euro=

 

Currency

Exchange rate

USD

US dollar

1,5526

JPY

Japanese yen

159,75

DKK

Danish krone

7,4586

GBP

Pound sterling

0,7832

SEK

Swedish krona

9,342

CHF

Swiss franc

1,5845

ISK

Iceland króna

116,66

NOK

Norwegian krone

8,003

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,938

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

257,44

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6973

PLN

Polish zloty

3,4833

RON

Romanian leu

3,7103

SKK

Slovak koruna

32,403

TRY

Turkish lira

1,9933

AUD

Australian dollar

1,7065

CAD

Canadian dollar

1,5722

HKD

Hong Kong dollar

12,0975

NZD

New Zealand dollar

1,9821

SGD

Singapore dollar

2,1532

KRW

South Korean won

1 521,55

ZAR

South African rand

12,087

CNY

Chinese yuan renminbi

10,8927

HRK

Croatian kuna

7,2754

IDR

Indonesian rupiah

14 361,55

MYR

Malaysian ringgit

4,9644

PHP

Philippine peso

64,355

RUB

Russian rouble

36,817

THB

Thai baht

49,093

BRL

Brazilian real

2,6798

MXN

Mexican peso

16,411


(1)  

Source: reference exchange rate published by the ECB.


NOTICES FROM MEMBER STATES

4.4.2008   

EN

Official Journal of the European Union

C 85/7


Declaration by the Government of Malta pursuant to Article 5 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

(2008/C 85/05)

Legislation and schemes as referred to in Article 4(1) and (2) of the Regulation

For the sole and specific purposes of the application of Article 43a and 51a of Regulation (EEC) No 1408/71, the pensions payable under the following legislation:

1.

the Pensions Ordinance (Cap. 393);

2.

the Police Act (Cap. 164);

3.

the Prisons Act (Cap. 260);

4.

the Malta Armed Forces Act (Cap. 220),

are to be considered as ‘special schemes for civil servants’ within the meaning of Article 1(ja) of the said Regulation.

The inclusion of the above-mentioned pensions within the scope of the Regulation is without prejudice to the definition of such schemes as ‘service pensions’ for the purposes of the application of the Social Security Act (Cap. 318).


V Announcements

ADMINISTRATIVE PROCEDURES

Commission

4.4.2008   

EN

Official Journal of the European Union

C 85/8


Call for proposals — ‘Preparatory Action MEDIA International’

(2008/C 85/06)

1.   Objectives and description

The ‘Preparatory Action MEDIA International’ is intended to examine and test cooperation activities between European film professionals and professionals of third countries. It covers:

support for training,

support for promotion,

support for the development of cinema networks.

Under the Work Programme for the ‘Preparatory Action MEDIA International’ for 2008, the Commission hereby invites consortia to submit proposals.

2.   Eligible candidates

The call is open to proposals from legal entities in the 27 EU Member States and any third country.

3.   Budget for projects

The maximum amount available under this call for proposals is EUR 1,98 million.

The financial support from the Commission cannot exceed 50 %, 75 % or 80 % of the total eligible costs, depending on the nature of the activity.

The financial contribution will be awarded in the form of a grant.

The maximum duration of projects is 12 months.

4.   Evaluation and selection

Proposals received will be evaluated by the Commission with the assistance of independent experts. The criteria used in the evaluation are defined in the MEDIA International Work Programme. Proposals that are successful in the evaluation process will be ranked in terms of quality. The process for the evaluation of applications for grants awarded by the Commission is set out in the Financial Regulation applicable to the General Budget of the European Communities (1).

5.   Deadline for submission of applications

Applications must be sent at the latest by 13 June 2008 to:

Ms Aviva Silver

European Commission

Directorate-General Information Society and Media

Directorate A — Audiovisual, Media and Internet

Unit A2 — MEDIA programme and media literacy

Office BU33 02/005

B-1049 Brussels

6.   Full details

The full text of the call for proposals, together with the Work Programme, guidelines and application forms, can be found at the following Internet address:

http://ec.europa.eu/media

Applications must comply with all the terms of the call for proposals and be submitted on the form provided.


(1)  Council Regulation (EC, Euratom) No 1605/2002 (OJ L 248, 16.9.2002, p. 1). Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).


4.4.2008   

EN

Official Journal of the European Union

C 85/10


Call for proposals under the work programme ‘People’ of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities

(2008/C 85/07)

Notice is hereby given of the launch of a call for proposals under the work programme ‘People’ of the 7th Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).

Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ Specific Programme:

Call Identifier: FP7-PEOPLE-ITN-2008

This call for proposals relates to the work programme adopted by Commission Decision C(2007) 5740 of 28 November 2007.

Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/


PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

4.4.2008   

EN

Official Journal of the European Union

C 85/11


Prior notification of a concentration

(Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône)

(Text with EEA relevance)

(2008/C 85/08)

1.

On 26 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Electrabel (‘Electrabel’, Belgique), controlled by the Suez group (‘Suez’, France), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Compagnie Nationale du Rhône SA (‘CNR’, France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

for Electrabel: electricity generation, trading and sale of gas and electricity, operation of gas and electricity infrastructures,

for Suez: management of utility services (electricity, gas, energy services, water, waste),

for CNR: production, trading and sale of electricity and fluvial engineering.

3.

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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel


(1)  OJ L 24, 29.1.2004, p. 1.


4.4.2008   

EN

Official Journal of the European Union

C 85/12


Prior notification of a concentration

(Case COMP/M.5129 — Delta Lloyd/Swiss Life Belgium)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 85/09)

1.

On 26 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Delta Lloyd NV (‘Delta Lloyd’, Netherlands) belonging to the Aviva group acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Swiss Life Belgium NV (‘Swiss Life Belgium’, Belgium) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

for Delta Lloyd: financial services. Its main activities are underwriting and distribution of insurance products,

for Swiss Life Belgium: life insurer with a focus on pension products.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5129 — Delta Lloyd/Swiss Life Belgium, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel


(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.


OTHER ACTS

Commission

4.4.2008   

EN

Official Journal of the European Union

C 85/13


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

(2008/C 85/10)

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

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘SAN SIMÓN DA COSTA’

EC No: ES/PDO/005/0359/19.08.2004

PDO ( X ) PGI ( )

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

1.   Responsible department in the Member State:

Name:

Subdirección General de Calidad y Promoción Agroalimentaria — Dirección General de Industria Agroalimentaria y Alimentación — Secretaría General de Agricultura y Alimentación del Ministerio de Agricultura, Pesca y Alimentación. España

Address:

Paseo Infanta Isabel, 1

E-28071 Madrid

Tel.

(34) 913 47 53 94

Fax

(34) 913 47 54 10

E-mail:

2.   Group:

Name:

D. Javier Piñeiro López (Quesería AS Fontelas) y otros productores

Address:

Lobán, 3

E-San Simón da Costa, Vilalba (Lugo)

Tel.

(34) 982 52 57 88

Fax

(34) 982 52 57 88

E-mail:

as_fontelas@wanadoo.es

Composition:

Producers/processors ( X ) Other ( )

3.   Type of product:

Class 1.3: Cheese

4.   Specification:

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

4.1.   Name: ‘San Simón da Costa’

4.2.   Description: Cheese produced from cows' milk, with the following characteristics:

Shape: between pear-shaped and bullet-shaped, terminating at the top in a point.

Rind: smoked, hard, inelastic, from 1 to 3 mm thick, yellowy-ochre in colour and somewhat oily.

Paste: fine texture, fat, semi-hard, semi-elastic and dense, between white and yellow in colour, cuts easily, with characteristic aroma and flavour.

Eyes: a small number of roundish or irregular eyes, varying in size but less than half the size of a pea.

Dry extract: minimum 55 %.

Fat: minimum 45 % and maximum 60 % of dry extract.

pH: between 5,0 and 5,6.

Cheese covered by this designation of origin is marketed in two sizes:

large, aged for a minimum of 45 days, with a final weight of between 0,8 and 1,5 kg and measuring between 13 and 18 cm high,

small or ‘Bufón’, aged for a minimum of 30 days, with a final weight of between 0,4 and 0,8 kg and measuring between 10 and 13 cm high.

4.3.   Geographical area: The milk for cheeses covered by the ‘San Simón da Costa’ Protected Designation of Origin is produced and the cheeses themselves are made in the geographical area of the District of Terra Chá, which is made up of the following municipalities, all in the Province of Lugo: Vilalba, Muras, Xermade, Abadín, Guitiriz, Begonte, Castro de Rei, Cospeito and A. Pastoriza.

4.4.   Proof of origin: Only milk from livestock holdings entered in the relevant register may be used for making cheeses covered by the ‘San Simón da Costa’ Protected Designation of Origin.

Similarly, only cheeses made, aged and smoked in cheese dairies and ageing and smoking facilities entered in the register held by the Inspection Body may be covered by the ‘San Simón da Costa’ Protected Designation of Origin.

To ensure compliance with the specifications, the Inspection Body will hold registers of inspections on livestock holdings, cheese dairies and ageing facilities. All natural and legal persons owning property entered in those registers, their installations and their products will be subject to inspection to verify that products bearing the ‘San Simón da Costa’ Protected Designation of Origin fulfil the requirements laid down in the specification.

Inspections will involve checks on livestock holdings, installations and documentation and analyses of raw materials and finished cheeses. Where it is found that raw materials or cheeses were not produced in accordance with the specification or cheeses show defects or significant deterioration, the cheeses concerned may not be marketed under the ‘San Simón da Costa’ Protected Designation of Origin.

Cheese covered by the Protected Designation of Origin will bear a numbered secondary label issued, checked and supplied by the Inspection Body.

4.5.   Method of production: The cheeses are made from raw or pasteurised, whole, natural milk from Galician blond, brown Swiss and Friesian cows and their crosses on guaranteed holdings entered in the register of the Protected Designation of Origin. The milk contains neither colostrum nor preservatives and must meet the general requirements laid down by legislation.

The milk may not be subject to any form of standardisation and is correctly stored to prevent the development of micro-organisms at a temperature of not more than 4 °C. Production of the cheese must commence no more than 48 hours after milking. Production involves the following procedures:

Coagulation: this is induced using rennet, the active components of which are the enzymes chymosin and pepsin. The starter cultures used are the various strains of Lactococcus lactis, Streptococus cremoris and Streptococus lactis. The recovery and use of indigenous strains is promoted. The milk is coagulated at a temperature of between 31 and 33 °C for 30 to 40 minutes, except when raw milk is used, in which case these criteria are adjusted to 28 to 32 °C for 30 to 35 minutes.

Cutting: the curd is cut to produce grains of between 5 and 12 mm in diameter.

Moulding: the curd is placed in moulds of the shape and size required to produce cheeses with the characteristic properties of the certified product.

Pressing: the cheese is pressed in suitable presses for the time necessary, depending on the pressure applied and the size of the cheeses. The cheeses are wrapped in cotton cloth to facilitate elimination of the whey and produce a smooth rind.

Salting: the cheeses are immersed in brine with a concentration of between 14 and 17 % for a maximum of 24 hours.

Ageing: large cheeses are aged for a minimum of 45 days after salting and small cheeses (‘Bufón’) for 30 days. The cheeses are turned and cleaned during ageing so that they acquire their characteristic properties.

Immersion in an anti-mould bath: this is an optional procedure involving immersing the cheeses in a bath of olive oil or other authorised product to inhibit the growth of mould.

Smoking: the cheeses are smoked for the time necessary to acquire their characteristic colour, ensuring that the cheeses do not come into close contact with the fire. Birch wood without bark is always used.

In order to safeguard the quality and traceability of the product, the protected cheeses must generally be marketed as whole cheeses, in the packaging authorised by the Inspection Body. However, the Inspection Body may authorise marketing in portions, including cutting at the point of sale, provided that an appropriate monitoring system has been established for this purpose that guarantees the product's origin, quality, perfect conservation and correct presentation to the consumer, avoiding all possibility of confusion.

4.6.   Link:

Historic link:

According to legend, the origins of ‘San Simón da Costa’ cheese are to be found with the Celtic tribes of the castreña culture in the mountains of the Sierras de Carba and Xistral. Tradition also has it that, during the Roman period, the cheese was shipped to Rome for its characteristic taste and long shelf-life. Later, it was used for paying rent and tithes to feudal lords and the Church.

Natural link:

The District of Terra Chá is one of the most extensive and well defined in Galicia, with a high degree of uniformity conferred by its flat landscape, interrupted only by the mountains that surround it.

The impact of the geographical environment on the specific characteristics of the cheese:

There is a series of factors related to the geographical environment that have an impact on the distinguishing characteristics of ‘San Simón da Costa’ cheese:

(a)

Firstly, the geographical environment is favourable to the growth of abundant high quality fodder, composed of indigenous grasses (Timothy grass, creeping soft grass, fescue grass and ray grass) and pulses (lotus, clover and medicago) suited to the area's moist, temperate conditions.

(b)

Milk is produced on small, family farms, using traditional herd-management methods. Animals of indigenous breeds still make up a significant proportion of herds, with the result that the milk produced is of high quality, with its own special characteristics. In addition, the animals feed mainly on herbage and fodder produced on the farm, when weather permits, by grazing.

Concentrated feedingstuffs are bought in only when the usual types of feed are in short supply as a supplement to cover the cattle's energy requirements. As far as possible, the feed is sourced in the defined area. This traditional model, in which the use of inputs bought in from outside the farm is kept to a strict minimum, contributes to the economic viability of these small family farms.

The characteristics of these farms make the milk produced on them ideal for cheese-making. It has been scientifically proven that these more natural systems of production and methods of feeding the cattle improve the nutritional qualities of the milk by increasing the CLA (conjugated linoleic acid) content and the omega-3 fatty acid content of its lipid profile, since the more herbage the cows eat, the more the content of these dietetically beneficial fats increases, influencing the qualities of the cheese.

(c)

The natural environment has an abundance of birch trees, whose wood is used to smoke the cheeses, giving them an unmistakable colour and aroma.

(d)

Finally, the region's farmers are the inheritors of a long tradition of producing this cheese, with its unique characteristics, such as its peculiar and traditional shape and colour, which immediately identify it, and their product has gained well-merited prestige and renown among consumers.

4.7.   Inspection body:

Name:

Dirección General de Producción, Industrias y Calidad Agroalimentaria

Address:

Edificio Administrativo San Caetano, Santiago de Compostela

Tel.

(34) 981 54 47 77

Fax

(34) 981 54 57 35

E-mail:

4.8.   Labelling: Cheese marketed with the ‘San Simón da Costa’ Protected Designation of Origin, after being certified as conforming to the specification and the relevant rules, must carry a numbered seal, label or secondary label, approved and issued by the Inspection Body, bearing a sequential alphanumeric code and the official logo of the Designation of Origin.

The words ‘Denominación de Origen Protegida San Simón da Costa’ must appear on both the label and the secondary label.

The label must indicate whether the cheese has been made with raw or pasteurised milk.


(1)  OJ L 93, 31.3.2006, p. 12.


4.4.2008   

EN

Official Journal of the European Union

C 85/17


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

(2008/C 85/11)

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.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘MELTON MOWBRAY PORK PIE’

EC No: UK/PGI/005/0335/13.02.2004

PDO ( ) PGI ( X )

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

1.   Responsible department in the Member State:

Name:

Department for the Environment, Food and Rural Affairs

Address:

Food Chain Marketing and Competitiveness Division Food Exports and Regional Food Branch Area 4C

Nobel House

17 Smith Square

London SW1P 3JR

United Kingdom

Tel.

(44-207) 238 66 87

Fax

(44-207) 238 57 28

E-mail:

simon.johnson@defra.gsi.gov.uk

2.   Group:

Name:

The Melton Mowbray Pork Pie Association

Address:

P.O. Box 5540 Melton Mowbray

Leicestershire LE13 1YU

United Kingdom

Tel.

(44-166) 456 93 88

Fax

E-mail:

mocallaghan@tiscali.co.uk

Composition:

Producers/processors ( X ) Other ( )

3.   Type of product:

Class 1.2: Meat products (cooked, salted, smoked, etc.)

4.   Specification:

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

4.1.   Name: ‘Melton Mowbray Pork Pie’

4.2.   Description: Melton Mowbray Pork Pies have a bow walled pastry case giving them their characteristic bow shape. The pastry is golden brown in colour with a rich texture. The pork filling is uncured and therefore grey in colour — the colour of roast pork. The texture filling is moist and particulate. The meat content of the whole product must be at least 30 %. Between the filling and the pastry wall is a layer of jelly.

In flavour, the pastry has a rich, baked taste while the filling is full of meaty flavour and seasoned in particular with pepper.

The pies must be free from artificial colours, flavours and preservatives. They are sold in a variety of sizes and weights and through a range of outlets including traditional butchers' shops, supermarkets, delicatessens and food service outlets.

4.3.   Geographical area: The town of Melton Mowbray and its surrounding region bounded as follows:

to the North, by the A52 from the M1 and the A1 and including the city of Nottingham,

to the East, by the A1 from the A52 to the A605 and including the towns of Grantham and Stamford,

to the West, by the M1 from the A52 to the A45,

to the South, by the A45 and A605 from the M1 to the A1 and including the town of Northampton.

Extensive research by a local historian has demonstrated that during the early and middle 19th century when the pies were first being produced on a commercial basis geographical and economic barriers would have limited production of the Melton Mowbray Pork Pie to the town of Melton Mowbray and its surrounding district.

The geographical area described above is larger than the original area of production. This takes account of the fact that over time those barriers became less significant and recognises that production of the Melton Mowbray Pork Pie in accordance with the method of production described below has taken place for 100 years in the wider area surrounding Melton Mowbray.

4.4.   Proof of origin: Proof that the product is manufactured in the designated area can be demonstrated by reference to the records maintained by the producers and by reference to the traceability systems which are in place. The nominated inspection body will conduct annual checks on each producer to ensure that they are complying with the specification.

Each member will receive their own Certification number provided by the inspection body to display on packaging and any other point of sale material when selling Melton Mowbray Pork Pies. This unique number will trace each pie sold directly back to the producer. In the case of the small-scale producers, some of the products produced are only sold through their own retail outlets, whilst other larger members sell products through the major retailers.

Producers are issued a Health Mark from the Food Standards Agency and this combined with the use of a date code provides full traceability of a product from point of sale, to production batch, through to the approved supplier of each of the component ingredients.

The Melton Mowbray Pork Pie Association will police the use of its own authentication stamp, granted to each of its members. The stamp will again be used on all packaging and point of sale material.

4.5.   Method of production: The following raw materials only must be used in the manufacture of Melton Mowbray Pork Pies:

The method of production is as follows:

The pastry ingredients are mixed together, formed into billets and lids, then rested prior to pie manufacture.

The pork meat is diced or minced and mixed with filling ingredients to form the pie filling.

The pastry billets are either blocked in hoops or raised round a dolly or similar supports.

The pie filling is divided into billets and placed into the pie base and the pre-cut or sheeted pastry lid is placed over the pie and crimped to seal. Some pies are hand raised and some pies are finished off with a decorative hand crimp.

They are then ejected from their hoops and placed on to a baking tray without support. Some pies may be frozen in this state and stored to be baked later, or sold frozen to be baked at home.

The pies are then baked to a golden brown pastry colour, allowed to cool and jellied.

The pies are then cooled to below 8 °C.

The pies may then be wrapped and date coded for retail sale, or left unwrapped. The pies may be placed into a chill cabinet to await purchase. Some pies are sold warm within 4 hours of jellying.

The pies are sold in a wide variety of retail outlets ranging from the major supermarkets to the producers own shop.

4.6.   Link: From the sixteenth century onwards considerable land enclosure took place around the town of Melton Mowbray. These land clearances removed the open fields from the landscape and the enclosed hedge fields so indicative of East Midland farmland were developed. As a result the principal farming activity changed from raising sheep on the open fields to controlled cattle husbandry. The surplus milk from the cows was converted to cheese particularly Blue Stilton. A by-product of cheese production is whey. Whey when mixed with bran is an excellent pig food. Dairy farmers built pigsties and raised the farm animals to eat the surplus that accrued because of their cheese production activities.

Enclosed fields are made in Leicestershire by planting quick thorn (Hawthorn) along the headlands (field boundaries). When the hedge has grown approximately two metres in height, it is layered, so forming an impenetrable barrier, along the side of boundary ditches, ideal tracks for foxes. This, in turn, led to an increase in the fox population. In order to check this growth in fox numbers packs of hounds were used to hunt down the fox. These hounds were controlled by riders on horseback which led to the development of fox hunting as an autumn/winter sport. From the middle of the eighteenth century seasonal foxhunters began to centre their hunting activities on the town of Melton Mowbray. During the autumn and winter months, pigs were slaughtered, pork pies were made. These pies were carried in the pockets of the hunt servants to be eaten as snacks as they moved the horses around the villages at the convenience of the wealthy foxhunter. These delicious simple peasant pies soon came to the notice of the hard riding fox hunter who then began to carry them in pouches and pockets to eat while involved in the chase.

These wealthy seasonal hunters took such a liking to the splendid pies that were served on their breakfast table that they expected them to be served at their London clubs. In 1831, Edward Adcock commenced exporting pork pies from Melton Mowbray to London using the daily Leeds to London stagecoach. So the commercialisation and promotion of the Melton Mowbray pork pie began.

The railway age transformed the industry. Instead of using the daily horse-drawn stagecoaches to transport pies to London and other major cities, special carriages were commissioned on the railway system. Bakehouses were built close to Melton Mowbray station and the pies were transported across the United Kingdom and even to Australia, New Zealand and South Africa within the refrigerated holds of cargo ships returning to those countries. The fame of the pie spread and from the 1870's until the turn of the century the industry enjoyed a boom. As a result of the growing reputation of the product some of the leading manufacturers made an aborted attempt to protect the name against imitations.

The First World War killed off the export trade and marked the beginning of the decline of the industry. However, within the last 20 years there has been a revival with the industry again expanding to meet a growing demand for this versatile food stuff. Melton Mowbray pork pies made in the designated area are now on sale in many of the large supermarkets and are also being exported abroad again.

In more recent times, Melton Mowbray Pork Pies have attracted attention from various areas. The international travel guide book ‘Lonely Planet’ makes reference to the town of Melton Mowbray by describing it as the town ‘which gave the world the best pork pies under the sun’. The product's renewed popularity was demonstrated in 1996 when the Duke of Gloucester attracted some publicity during a visit to a producers shop and was captured in a newspaper article sampling Melton Mowbray pork pies. The BBC also ran a feature on Melton Mowbray pork pies as part of their popular prime time ‘Food and Drink’ television programme.

Melton Mowbray Pork Pies are clearly distinct from other pork pies in their packaging, design and marketing at point of sale. They carry a price premium compared to other pork pies on the market place of 10-15 % because they have a specific reputation that sets them apart as different and worth paying for. The Melton Mowbray Pork Pie Association was set up in 1998 to bring together all the producers in the designated area with the aim of ensuring the protection of the authentic Melton Mowbray Pork Pie and of raising awareness about the origin of the product.

4.7.   Inspection body:

Name:

Product Authentication Inspectorate Limited

Address:

Rowland House

65 High Street Worthing

W. Sussex BN11 1DN

United Kingdom

Tel.

(44-190) 323 77 99

Fax

(44-190) 320 44 45

E-mail:

paul.wright@food-standards.com

4.8.   Labelling: Following successful registration of this product a PGI (Protected Geographical Indication) symbol will be used in close proximity to the registered name.


(1)  OJ L 93, 31.3.2006, p. 12.