19.9.2012

Official Journal of the European Union

C 283/3

Euro exchange rates (1)

18 September 2012

2012/C 283/04

1 euro =

	Currency	Exchange rate
USD	US dollar	1,3054
JPY	Japanese yen	102,64
DKK	Danish krone	7,4539
GBP	Pound sterling	0,80350
SEK	Swedish krona	8,5685
CHF	Swiss franc	1,2113
ISK	Iceland króna
NOK	Norwegian krone	7,4655
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,815
HUF	Hungarian forint	283,82
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6962
PLN	Polish zloty	4,1139
RON	Romanian leu	4,5069
TRY	Turkish lira	2,3486
AUD	Australian dollar	1,2527
CAD	Canadian dollar	1,2732
HKD	Hong Kong dollar	10,1199
NZD	New Zealand dollar	1,5787
SGD	Singapore dollar	1,6011
KRW	South Korean won	1 460,38
ZAR	South African rand	10,7780
CNY	Chinese yuan renminbi	8,2496
HRK	Croatian kuna	7,3985
IDR	Indonesian rupiah	12 409,61
MYR	Malaysian ringgit	4,0030
PHP	Philippine peso	54,534
RUB	Russian rouble	40,4445
THB	Thai baht	40,311
BRL	Brazilian real	2,6532
MXN	Mexican peso	16,7283
INR	Indian rupee	70,5240

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

19.9.2012

Official Journal of the European Union

C 283/7

Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS

(notified under document C(2012) 6552)

(Text with EEA relevance)

2012/C 283/07

1. INTRODUCTION

According to Article 9 of the Council Regulation (EC) No 1/2003 of 16 December 2002 (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2. SUMMARY OF THE CASE

On 13 August 2012, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 pertaining to the conduct by Hachette Livre SA (‘Hachette’), HarperCollins Publishers Limited, HarperCollins Publishers, L.L.C. (‘Harper Collins’), Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH (‘Holtzbrinck/Macmillan’), Simon & Schuster, Inc., Simon & Schuster (UK) Ltd, Simon & Schuster Digital Sales, Inc. (‘Simon & Schuster’) as well as Apple, Inc. (‘Apple’) in relation to the sale of e-books to consumers (2).

In the preliminary assessment, the Commission took the preliminary view that, by jointly switching the sale of e-books from a wholesale model to an agency model with the same key terms on a global basis, the Four Publishers and Apple engaged in a concerted practice with the object of raising retail prices of e-books in the EEA or preventing the emergence of lower prices in the EEA for e-books in breach of Article 101 of the TFEU and Article 53 of the EEA Agreement.

To implement their global strategy in the EEA (including, but not limited to, in the UK, France and Germany), each of the Four Publishers signed with Apple agency agreements containing the same key terms (including a so-called most favoured nation (‘MFN’) clause regarding price, maximum retail price grids and the agent's level of commission) for the sale of e-books to consumers located in the EEA. The same key terms, including in particular the MFN clause, in the agency agreements with Apple meant that, to avoid lower revenues and margins for their e-books on the iBookstore, the publishers had to pressure other major e-book retailers offering e-books to consumers in the EEA to adopt the agency model.

5.	The preliminary assessment did not seek to examine the compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement of the agency agreements concluded by the Four Publishers and Apple.

3. THE MAIN CONTENT OF THE OFFERED COMMITMENTS

The Four Publishers and Apple do not agree with the Commission’s preliminary assessment. They have nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 in order to meet the Commission’s competition concerns. These commitments are without prejudice to national laws which allow or oblige publishers to set the retail price for e-books at their own discretion (‘RPM laws’).

7.	The key elements of the commitments offered by the Four Publishers and Apple are as follows:

Each of the Four Publishers and Apple will terminate the agency agreements for the sale of e-books in the EEA concluded between each of the Four Publishers and Apple. Apple will also notify another major international e-book publisher that such publisher may immediately terminate its agency agreement (3), and in the event this publisher does not provide Apple with notice of termination, then Apple will terminate the agreement in line with the conditions laid down therein.

In addition, the Four Publishers will offer each retailer other than Apple the opportunity to terminate any agency agreements concluded for the sale of e-books that (i) restrict, limit or impede the retailer's ability to set, alter or reduce the retail price, or to offer price discounts or promotions, or (ii) contain a price MFN clause as defined in the Four Publishers' commitments. In case a retailer decides not to use the opportunity to terminate such an agreement, the Four Publishers will terminate it in line with the conditions laid down therein.

10.

For a period of two years, the Four Publishers will not restrict, limit or impede e-book retailers' ability to set, alter or reduce retail prices for e-books and/or to offer discounts or promotions. However, as regards agency agreements, the aggregate value of the price discounts or promotions offered by any retailer should not exceed the aggregate amount equal to the total commissions the publisher pays to that retailer over a 12-month period in connection with the sale of its e-books to consumers.

11.

Moreover, for a period of five years: (i) the Four Publishers will not enter into any agreement relating to the sale of e-books within the EEA that contains a price MFN clause as defined in the Four Publishers' commitments; and (ii) Apple will not enter into any agreement relating to the sale of e-books in the EEA that contains a retail price MFN clause as defined in Apple's commitments.

12.	Apple will inform any publisher with which it has an e-book agency agreement that it will not enforce a retail price MFN clause in any such agreement for a period of five years.

13.	The commitments are published in full in English on the website of the Directorate-General for Competition at: http://ec.europa.eu/competition/index_en.html

4. INVITATION TO MAKE COMMENTS

14.

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding. If there are substantial changes to the commitments, a new market test will be launched.

15.	In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments.

16.

The time limit to submit observations expires one month after the date of publication of this notice. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’.

17.	Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed Commitments, the Commission would also invite you to suggest a possible solution.

18.

Observations can be sent to the Commission under reference number COMP/39.847/E-BOOKS, either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU. The two sets of provisions are in substance identical. For the purposes of this notice, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82 of the EC Treaty when applicable.

(2) On 1 December 2011, the Commission also opened proceedings against Pearson plc (‘Pearson’), the parent company of the Penguin group, which remains a party to the proceedings in case COMP/39.847/E-BOOKS. The Commission is still investigating Pearson's conduct and its compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement.

(3) See footnote 2.

19.9.2012

Official Journal of the European Union

C 283/11

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

2012/C 283/09

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

APPLICATION FOR REGISTRATION OF A TSG

COUNCIL REGULATION (EC) No 509/2006

‘PRAŽSKÁ ŠUNKA’

EC No: CZ-TSG-0007-0061-21.10.2010

1. Name and address of the applicant group:

Name:

Český svaz zpracovatelů masa

Address:

Libušská 319

142 00 Praha 4 – Písnice

ČESKÁ REPUBLIKA

Tel.

+420 244092404

Fax

+420 244092405

E-mail:

reditel@cszm.cz

2. Member State or Third Country:

Czech Republic

3. Product specification:

3.1. Name(s) to be registered (Article 2 of Regulation (EC) No 1216/2007):

‘Пражка шунка’ (BG), ‘Jamón de Praga’ (ES), ‘Pražská šunka’ (CS), ‘Prag Skinke’ (DA), ‘Prager Schinken’ (DE), ‘Praha sink’ (ET), ‘Χοιρομέρι Πράγας’ (EL), ‘Prague Ham’ (EN), ‘Jambon de Prague’ (FR), ‘Prosciutto di Praga’ (IT), ‘Prāgas šķiņķis’ (LV), ‘Prahos kumpis’ (LT), ‘Prágai minősegi sonka’ (HU), ‘Perzut ta' Praga’ (MT), ‘Praagse Ham’ (NL), ‘Szynka Praska’ (PL), ‘Fiambre de Praga’ (PT), ‘Jambon de Praga’ (RO), ‘Pražská šunka’ (SK), ‘Praška šunka’ (SL), ‘Prahalainen kinkku’ (FI), ‘Prag skinka’ (SV)

3.2. Whether the name:

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

The traditional name ‘Pražská šunka’ does not express the specific character of the product or link the product’s specific character to its provenance or agricultural origin, but is specific in itself, as it is internationally associated with a renowned meat product having a characteristic shape and taste which has long been made in the following variants:

—	‘Pražská šunka’ on the bone,

—	boneless ‘Pražská šunka’,

—	tinned ‘Pražská šunka’.

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

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

3.4. Type of product:

Class 1.2.

Meat products (cooked, salted, smoked, etc.)

3.5. Description of the agricultural product or foodstuff to which the name under point (3.1) applies (Article 3(1) of Commission Regulation (EC) No 1216/2007):

‘Pražská šunka’ is a traditional meat product intended for direct consumption.

Physical properties of ‘Pražská šunka’ on the bone

—	Product having an overall weight not exceeding 10 kg;

—	The original shape of the pork leg which has been cut in the Prague style (the flank and sacrum including tail and pelvic bone are removed from the whole bone-in ham, including the knuckle and excluding the trotter; the fatty part is rounded from the loin end) is maintained.

Chemical properties of ‘Pražská šunka’ on the bone

—	Pure muscle protein content: min. 16 % by weight. The product’s surface coating, composed of fat and skin, is not homogenised into the sample to be analysed;

—	Salt content: max. 2,5 % by weight;

—	Fat content: max. 20 % by weight. The fat content is determined for the whole product, after removal of the bones. The product’s surface coating is homogenised into the sample to be analysed.

Organoleptic properties of ‘Pražská šunka’ on the bone

—	External appearance and colour: the side covered with skin is golden yellow. Other parts of the surface are not covered with skin and have a light-coloured covering of fat; the ham muscle meat is meaty pink;

—	Appearance and colour in cross-section: the muscle meat is meaty pink when sliced;

—	Taste and smell: distinctive taste and smell of cooked and smoked ham, appropriately salty taste;

—	Consistency: firm and compact. The product is tender to the bite when thinly sliced.

Physical properties of boneless ‘pražská šunka’

—	The product is typically of an oval or cylindrical shape;

—	The ham is of the highest quality, produced from trimmed topside and silverside of pork leg and salted slices of pork fat, or from trimmed topside of pork leg and silverside of pork leg coated with fat and skin.

Chemical properties of boneless ‘Pražská šunka’

—	Pure muscle protein content: min. 16 % by weight. The product’s decorative coating is not homogenised into the sample to be analysed;

—	Salt content: max. 2,5 % by weight;

—	Fat content: max. 15 % by weight. The product’s decorative coating is homogenised into the sample to be analysed.

Organoleptic properties of boneless ‘Pražská šunka’

—	External appearance and colour: the side covered with fat and skin is golden yellow. If the surface is covered only with fat, without skin, the fat is of a pale colour;

—	Appearance and colour in cross-section: the muscle meat is meaty pink when sliced;

—	Taste and smell: distinctive taste and smell of cooked and smoked ham, appropriately salty taste;

—	Consistency: firm and compact. The product is tender to the bite when thinly sliced.

Physical properties of tinned ‘Pražská šunka’

—	The product is typically of a flat oval shape, its dimensions being those of its packaging, which are such as to ensure that the finished product it contains weighs about 0,454 kg;

—	At the time of packing, the input weight of the raw materials is at least 87 % meat.

Chemical properties of tinned ‘Pražská šunka’

—	Pure muscle protein content: min. 16 % by weight. The product’s aspic coating is not homogenised into the sample to be analysed;

—	Salt content: max. 2,5 % by weight;

—	Fat content: max. 4 % by weight. The product’s aspic coating is homogenised into the sample to be analysed;

—	Aspic content: max. 35 % by weight.

Organoleptic properties of tinned ‘Pražská šunka’

—	External appearance and colour: the product is enclosed in hermetically sealed packaging and maintains commercial sterility. There is a smooth golden-yellow layer of aspic between the packaging material and the product;

—	Appearance and colour in cross-section: the ham is of a meaty-pink colour. Small, isolated holes filled with aspic are permitted;

—	Taste and smell: distinctive taste and smell of cooked ham, appropriately salty taste;

—	Consistency: firm and compact.

3.6. Description of the production method of the agricultural product or foodstuff to which the name under point (3.1) applies (Article 3(2) of Commission Regulation (EC) No 1216/2007):

‘Pražská šunka’ on the bone

Whole pork legs (hams) prepared as specified in point (3.5) and brine prepared from the ingredients listed below are used to produce ‘Pražská šunka’ on the bone.

The following are used to make 100 kg of the finished product:

—	pork legs 100 kg

—

brine (20 kg):

water	16,2 kg
dextrose	1,2 kg
nitrite curing mix	2 kg
stabilisers (E 450, E 451)	0,5 kg
antioxidant (E 301)	0,1 kg

The hams are sprayed with brine of the prescribed composition. They are then left for 48 hours in 3 % brine, or the brine may be rubbed in. This is followed by cooking, during which a minimum heat effect corresponding to a temperature of 70 °C for 10 minutes must be attained in all parts of the product. After cooking, the products are surface-smoked, cooled and stored.

Boneless ‘Pražská šunka’

Topside and silverside of pork leg (ham), prepared as specified in point (3.5), and brine prepared from the ingredients listed below are used to produce boneless ‘Pražská šunka’.

The oval or cylindrical packaging is made of materials that are suitable for pasteurisation.

The following are used to make 100 kg of the finished product:

—	topside and silverside of pork leg (including fat and/or skin): 107 kg

—

brine (20 kg):

water	15,6 kg
dextrose	1,2 kg
nitrite curing mix	2,5 kg
stabilisers (E 450, E 451)	0,5 kg
antioxidant (E 301)	0,2 kg

—	packaging (vacuum-shrinkable bags).

The topside and silverside of pork leg, whole or coarsely ground, is rubbed with brine. Brine is rubbed into salted slices of pork fat separately if these are used to make a decorative surface coating for the product. After the muscle meat has been brined in this way, it is placed into moulds of the prescribed shape which are lined with brined slices of pork fat. If topside of pork leg and silverside covered with fat and skin are used, these are placed skin down into moulds of the prescribed shape after brining. The product is then pasteurised in the moulds, during which a minimum heat effect corresponding to a temperature of 70 °C for 10 minutes must be attained in all parts of the product. After cooking, the products are removed from the moulds, smoked, cooled, packed in vacuum-shrinkable bags and stored.

Tinned ‘Pražská šunka’

Trimmed sides of pork leg (ham), gelatine (powdered) and brine prepared from the ingredients listed below are used to produce tinned ‘Pražská šunka’. The flat, oval packaging is made of materials that are suitable for sterilisation.

The following are used to make 100 kg of the finished product:

—

trimmed sides of pork leg

90 kg

—

powdered gelatine:

4,4 kg

—

brine (12,54 kg):

water	10 kg
sugar	0,24 kg
nitrite curing mix	2,3 kg

—

packaging 220 pcs.

The sides of pork leg, whole or coarsely ground, are rubbed with brine. After the muscle meat has been brined in this way, it is placed into vacuum-packaging on the bottom of which is an appropriate quantity of powdered gelatine. After the packaging has been vacuum-sealed, the product is left to rest at a temperature of 5 °C for 12 hours. This is followed by sterilisation, during which a minimum heat effect corresponding to a temperature of 121 °C for 10 minutes must be attained in all parts of the product. After cooking, the product is cooled and stored dry at a temperature of 0-25 °C and a relative humidity of up to 85 %. It has a shelf-life of three years.

3.7. Specific character of the agricultural product or foodstuff (Article 3(3) of Commission Regulation (EC) No 1216/2007):

‘Pražská šunka’ on the bone

‘Pražská šunka’ on the bone differs from other bone-in hams in particular in terms of the way in which the basic raw material is selected and processed. Another characteristic feature of ‘Pražská šunka’ on the bone is the pork leg to brine ratio during production, which makes it possible to achieve a pure muscle protein content in the finished product corresponding to the highest-quality category of ham. Moreover, the production process involves cooking followed by smoking, which also distinguishes ‘Pražská šunka’ on the bone from a great many traditional dried bone-in hams.

Boneless ‘Pražská šunka’

Boneless ‘Pražská šunka’ differs from other meat products of this category in particular in terms of its production method, as it is a ham of the highest quality produced from trimmed sides of pork leg that is smoked after being cooked. Another distinctive characteristic is the presence of a decorative surface coating, consisting of a thin layer of pork fat or fat and skin. The finished product’s typical oval, or cylindrical, shape is another distinguishing feature.

Tinned ‘Pražská šunka’

Tinned ‘Pražská šunka’ differs from other meat products of this category in particular in terms of the raw materials used, as it is a ham of the highest quality produced from trimmed sides of pork leg. Another characteristic feature of the product is the presence of a thin layer of aspic between the ham and the packaging. However, what distinguishes tinned ‘Pražská šunka’ from other tinned meats is the typical flat oval shape of its packaging.

3.8. Traditional character of the agricultural product or foodstuff (Article 3(4) of Commission Regulation (EC) No 1216/2007):

‘Pražská šunka’ on the bone

The name ‘Pražská šunka’ has been used since the 1860s to denote one of the best-known food products originating in the Czech Republic, in particular Prague. Historical sources show a product called ‘Pražská šunka’ to be connected with the name of František Zvěřina, who first made it. Josef Jeřábek, a well-known Prague smoked-meats producer, took over the production of ‘Pražská šunka’ from František Zvěřina. Other makers of this product included the Prague smoked-meats producers Dlouhý, Malý, Cibulka and others. The production of ‘Pražská šunka’ also began in other large towns and cities, following the example of Prague. In Brno, it was made by the smoked-meats producer Jebavý, in Hradec Králové by the smoked-meats producer Hutla, and in Pardubice by the smoked-meats producer Sochor, and was made by many other smoked-meats producers by the end of the 19th century. Figuratively speaking, the ‘Pražská šunka’ made by Zvěřina was the ancestor of all the others.

Industrial-scale production of ‘Pražská šunka’ was started by Antonín Chmel, who established his firm at U Zvonařky in Prague in 1879. His main product was ‘Pražská šunka’, but he also produced a wide range of smoked-meat products which quickly gained a reputation in Prague and other towns, especially spa towns, further afield, and eventually in a number of European countries. However, his most commercially successful product was ‘Pražská šunka’, which soon even found its way onto markets overseas. After the Second World War, the firm was nationalised and a number of other production plants in Prague were gradually amalgamated with it. It was during this period that other variants of ‘Pražská šunka’ came into being in the form of semi-preserved or tinned ham made from pork-leg muscle meat. In 1977, the U Zvonařky plant and all of its employees and resources were absorbed into the newly built meat-industry combine Masokombinát Praha jih – Písnice. The advent of new curing technologies saw the introduction of brine-spraying, with or without subsequent rubbing, in the production of ‘Pražská šunka’. During post-1989 privatisation period, the meat-industry plant at Písnice closed down, but the production of ‘Pražská šunka’ on the bone continued at a number of other production facilities across the Czech Republic.

The basis for the production of ‘Pražská šunka’ originally lay in the selection of the raw materials and the method of curing. The raw materials used were pork legs (hams) from lightweight pigs, and the current recipe therefore specifies a maximum weight of 10 kg. Another distinguishing feature of the production process, which has been passed down from one generation to the next, is that the pork leg is given the ‘Prague cut’. Cooled pork legs were cured by rubbing the surface of the meat, in particular the skin, thoroughly with a nitrite curing mix containing a small amount of sugar. The bottom of the curing pot was lightly salted and the pork legs were placed skins down. Boiled and cooled nitrite brine, again containing a small amount of sugar, would be poured over the hams, which would then be weighted down. The hams were subsequently turned so that their underside was on top and their topside underneath. The hams were again weighted down. After sensory quality control, the hams would be soaked for several hours in lukewarm water and then left to dry. This was followed by the final process, namely the removal of the pelvic bone, the scraping of the surface of the skin and the binding of the shank so that its shape would not be damaged by cooking. The hams were always hung in a heated smokehouse. Smoking comprised two stages: firstly drying over a brightly burning fire, and secondly flavouring and colouring with the aid of moistened hardwood sawdust. The hams were usually smoked slowly for 8-12 hours. The hams would then be scalded in boiling water and cooked. They would then be cooled by soaking them in cold water.

Boneless ‘Pražská šunka’ and tinned ‘Pražská šunka’

The period after the Second World War saw the development of alternatives to the original ‘Pražská šunka’ on the bone. These took the form of pasteurised or sterilised boneless ‘Pražská šunka’ produced from pork-leg muscle meat, which in those days was packaged in tin cans. The technology used to produce these types of ‘Pražská šunka’ consisted in boning refrigerated fresh pork legs (hams), processing individual parts of them, sorting them according to their colour and mechanically and intermittently breaking up the raw materials whilst adding sodium chloride and the necessary amount of sodium nitrite and sodium nitrate, polyphosphate, sugar and, possibly, sodium ascorbate, all partially dissolved in a specific quantity of brine. A small slice of gelatine was placed inside the packaging when the product was packaged and the packaging was vacuum-sealed. This was followed by pasteurisation, or sterilisation, and refrigeration. Semi-preserved ‘Pražská šunka’ generally weighed 8, 10 or12 lbs. The tins used for this type of ham were mainly angular. However, 1 lb tins of ‘Pražská šunka’ were generally oval. The commercial success of the tinned ham was due to a very large extent to the proportion of aspic in the finished product.

From 1973 onwards, the production of pasteurised and sterilised ‘Pražská šunka’ was mainly concentrated at meat-industry plants at Brno, Kostelec, Studená, Vamberk and Planá nad Lužnicí. The production of these variants of ‘Pražská šunka’ was extended to other facilities across the Czech Republic after 1989, and tins were largely replaced by plastic packaging, which in the case of boneless ‘Pražská šunka’ made it possible to add a thin decorative layer of pork fat or pork fat and skin.

3.9. Minimum requirements and procedures to check the specific character (Article 4 of Commission Regulation (EC) No 1216/2007):

—

Compliance with the specifications regarding the preparation of the pork leg and the surface colour of the product in the case of ‘Pražská šunka’ on the bone. Compliance with specification regarding the shape of the product in the case of boneless ‘Pražská šunka’ and tinned ‘Pražská šunka’. Checking takes the form of visual inspections of the finished product.

—	Compliance with specifications regarding the product’s appearance and colour in cross-section. Checking takes the form of visual inspections of the finished product.

—	Compliance with the specifications regarding the product’s taste, smell, consistency and succulence. Checking takes the form of a sensory analysis of the finished product.

—

Compliance with the specifications regarding the product’s physico-chemical parameters. Checking of the finished product is carried out by means of approved laboratory methods. When samples of tinned ‘Pražská šunka’ are being analysed, it is necessary to ensure that the temperature of the content of the product is maintained in the 4-7 °C range.

Checks by the authority or body verifying compliance with the product specification are conducted at least once a year at the plant of every producer.

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

4.1. Name and address:

Authorities or bodies verifying compliance with the product specification in the Czech Republic:

Name:

Státní zemědělská a potravinářská inspekce

Address:

Květná 15

603 00 Brno

ČESKÁ REPUBLIKA

Tel.

+420 543540111

E-mail:

sekret.oklc@szpi.gov.cz

☒ public

 private

Name:

Státní veterinární správa České republiky

Address:

Slezská 7

120 00 Praha 2

ČESKÁ REPUBLIKA

Tel.

+420 227010137

E-mail:

hygi@svscr.cz

☒ public

 private

4.2. Specific tasks of the authority or body:

The inspection authorities specified in (4.1) are responsible for monitoring the specification in its entirety.

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

19.9.2012

Official Journal of the European Union

C 283/18

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

2012/C 283/10

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.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘BAMBERGER HÖRNLA’/‘BAMBERGER HÖRNLE’/‘BAMBERGER HÖRNCHEN’

EC No: DE-PGI-0005-0802-17.03.2010

PGI ( X ) PDO ( )

1. Name:

‘Bamberger Hörnla’/‘Bamberger Hörnle’/‘Bamberger Hörnchen’

2. Member State or Third Country:

Germany

3. Description of the agricultural product or foodstuff:

3.1. Type of product:

Class 1.6 —

Fruit, vegetables and cereals, fresh or processed

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

The potato, botanically known as Solanum tuberosum subspecies tuberosum L., belongs to the nightshade family (Solanaceae) along with tomatoes, peppers and aubergines.

The ‘Bamberger Hörnla’ potato variety is one of the ‘old country varieties’ and is not a product of potato propagation. Protection for the ‘Bamberger Hörnla’ is sought for potatoes for human consumption.

The plant is short with thin, delicate leaves and white blossom. It needs soil that is rich in nutrients and as light as possible because it is very sensitive to clogged soil. The tubers are harvested in September/October.

The tubers of these potatoes are small, finger-shaped and slightly curved into a crescent shape. Occasionally they also have a slight second curve in the other direction or are twisted into strange shapes. The length-to-width ratio of the elongated form of the ‘Bamberger Hörnla’ is typically 2 to 3,5.

The skin is smooth, silky and a light ochre colour with a slightly red sheen which comes from the eyes of the potato and is most intense in the eyes. The red sheen is most marked just after the harvest and disappears after lengthy storage.

The ‘Bamberger Hörnla’ has an intense, nutty flavour. According to the ‘Guidelines on assessing the cooking properties and sensory characteristics of ware potatoes’ issued by the Federal Plant Variety Office (Bundessortenamt), the ‘Bamberger Hörnla’ is classed as a ‘firm boiling’ potato. It has yellow flesh and a ‘mealiness’ rating of around 4 or below (or, ‘not mealy’) and usually scores 6 or above for consistency or ‘waxiness’ (i.e. the potato is waxy, with a firm consistency). It has an average starch content of over 13 % of fresh mass.

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 defined geographical area:

The ‘Bamberger Hörnla’ must be grown in one of Franken’s three administrative districts: Oberfranken, Mittelfranken and Unterfranken. The seed potatoes must also come from this area.

The ‘Bamberger Hörnchen’ is accepted as a conservation variety by the German Federal Plant Variety Office in accordance with the Regulation on the authorisation of conservation varieties and the marketing of the seed and seedlings of conservation varieties of 21 July 2009 (Conservation Varieties Regulation), BGBl. I p. 2107.

Under point 4 of the first sentence of Section 4(2) of the abovementioned Regulation, the seed (in this case seed potatoes) of conservation varieties may only be placed on the market if it has been produced in one of the regions of origin specified in the variety authorisation. Therefore, the seed potatoes must originate from one of Franken’s three administrative districts — Oberfranken, Mittelfranken or Unterfranken.

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

—

3.7. Specific rules concerning labelling:

—

4. Concise definition of the geographical area:

The geographical area includes Franken’s three administrative districts, Oberfranken, Mittelfranken and Unterfranken.

5. Link with the geographical area:

5.1. Specificity of the geographical area:

For hundreds of years market gardening and vegetables have played a more significant role in food production in Franken than in other regions (specifically, Bamberg’s market gardens were a pillar of the town’s economic life from the 14th century until the mid-19th century, a particular development that did not come about in other towns). Vegetables are still treated with correspondingly high esteem in Franken’s traditional regional cuisine today.

Franken has a particularly long tradition of potato cultivation. The potato was grown in fields for the first time in Germany in Franken in 1694. Frankish cuisine assigned the place of honour in fine potato salad to the noble variety ‘Bamberger Hörnla’ very early on.

The name ‘Bamberger Hörnla’ has been present in the minds of the people of Franken for more than a century. Oral tradition and references in literature prove that it was cultivated in Franken in the late 19th century and suggest that it originated in France. Moreover, there is evidence to suggest that the ancestors of the ‘Bamberger Hörnla’ could have found their way from the ornamental gardens of the prince-bishops into the kitchen gardens and fields of Bamberg’s master gardeners.

As a result of its elongated, crescent-shaped form (length-to-width ratio of 2 to 3,5) and the large variations in tuber size, it is not possible to harvest the potatoes using conventional potato diggers. Therefore, the tubers must either be harvested by hand or with the aid of specially-adapted harvesting machinery. Customising the potato harvesters in this way (by reducing the spaces between the rollers on the conveyor grid) renders them less efficient, however, as they tend to collect more clumps of earth which have to be painstakingly removed by hand.

In comparison with other growing areas, Franken has a dry climate on the whole with hot, continental summers. The average annual precipitation is approximately 630 mm, the average annual temperature ranges from 8,6-8,8 °C and the annual average sunshine total is between 1 550 and 1 700 hours.

5.2. Specificity of the product:

The ‘Bamberger’ is characterised by its unmistakable shape. The ‘Bamberger Hörnla’ is small, finger-shaped and slightly curved into a crescent shape, from which the ‘Hörnla’ part of its name is derived.

It should be emphasised that, although the high starch content of the ‘Bamberger Hörnla’ (over 13 % on average) means that it can only be classified as ‘mainly firm boiling’, in cooking tests it has the same characteristics as a ‘firm boiling’ potato. The ‘Bamberger Hörnla’ is therefore highly unusual in that it exhibits the characteristics of a ‘firm boiling’ potato (waxy consistency) yet has an intense, nutty flavour.

It is this nutty flavour combined with its firm, waxy consistency which make the potato unique even among ‘finger potatoes’ of comparable shape, size and flavour.

It is traditionally used to make potato salad as a result of its firm, waxy texture. In this respect the ‘Bamberger Hörnla’ is highly prized by consumers, a fact which is well documented in numerous press articles.

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):

In comparison with other growing areas, Franken has a dry, continental climate with hot summers. As a result, the product’s starch content is higher when it is grown in this geographical area than it would be if cultivated elsewhere. It is the average starch content of over 13 % of fresh mass which gives the ‘Bamberger Hörnla’ its distinctive intense, nutty flavour, which is highly unusual for a ‘firm boiling’ potato.

Its unusual flavour, which is a result of the special climatic conditions in the geographical area, means that the ‘Bamberger Hörnla’ is highly prized by consumers and in particular by connoisseurs. In 2008, the ‘Bamberger Hörnla’ was voted ‘Potato of the Year’ by an expert panel of judges. As the ‘Bamberger Hörnla’ has been cultivated in Franken for centuries, it has become an important and indispensible ingredient in Frankish regional cuisine. This is further demonstrated by the fact that the ‘Bamberger Hörnla’ has been included in the official database of traditional Bavarian specialities (http://www.spezialitaetenland-bayern.de/), the content of which is managed by the Bavarian Ministry of Food, Agriculture and Forestry.

From an economic point of view, cultivation of the ‘Bamberger Hörnla’ is in decline in comparison with most other varieties. This is because the harvesting process cannot be fully mechanised. In addition, ‘Bamberger Hörnla’ tubers often have protuberances which can break off during sorting or packing, causing surface defects. This makes it difficult to sell the potatoes through wholesalers or general food retailers. Alongside the protuberances, it is increasingly common for ‘Bamberger Hörnla’ tubers to have green patches and these potatoes must be discarded. The abovementioned factors have resulted in the cultivation of ‘Bamberger Hörnla’ potatoes being confined to the Frankish growing areas where the growers have the expertise required to minimise such flaws and where the ‘Bamberger Hörnla’ is very popular with and held in high esteem by consumers because it is a cornerstone of traditional Frankish cuisine.

Reference to the publication of the specification:

Markenblatt Vol. 9 of 5 March 2010, Part 7c, p. 3573

https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/12301

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

		ISSN 1977-091X doi:10.3000/1977091X.C_2012.283.eng
Official Journal of the European Union		C 283

English edition	Information and Notices	Volume 55 19 September 2012

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2012/C 283/01	Non-opposition to a notified concentration (Case COMP/M.6670 — Bridgepoint/Orlando/Limoni) ( 1 )	1

2012/C 283/02	Non-opposition to a notified concentration (Case COMP/M.6621 — CNP Assurances/BNP Paribas/Immeuble Val-de-Marne) ( 1 )	1

2012/C 283/03	Non-opposition to a notified concentration (Case COMP/M.6644 — APG/PGGM/Challenger LBC Terminals) ( 1 )	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2012/C 283/04	Euro exchange rates	3

	NOTICES FROM MEMBER STATES
2012/C 283/05	Information note — Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Articles 5, 6, 8, 9, 10, 17 and 22	4

2012/C 283/06	Communication from the Ministry of the Environment of the Czech Republic pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons	5

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2012/C 283/07	Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (notified under document C(2012) 6552) ( 1 )	7

2012/C 283/08	Prior notification of a concentration (Case COMP/M.6685 — Ingram Micro/Brightpoint) ( 1 )	10

	OTHER ACTS
	European Commission
2012/C 283/09	Publication of an application pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed	11

2012/C 283/10	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	18