18.2.2009

Official Journal of the European Union

C 39/2

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework Decision 2009/…/JHA on prevention and settlement of conflicts of jurisdiction in criminal proceedings

(2009/C 39/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(1)(c) and (d) and Article 34(2)(b) thereof,

Having regard to the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)	The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice.

(2)

According to the Hague Programme for strengthening freedom, security and justice in the European Union (2), adopted by the European Council at its meeting on 4 and 5 November 2004, with a view to increasing the efficiency of prosecutions, while guaranteeing the proper administration of justice, particular attention should be given to possibilities of concentrating the prosecution in cross-border multilateral cases in one Member State and further attention should be given to additional proposals, including conflicts of jurisdiction so as to complete the comprehensive programme of measures to implement the principle of mutual recognition of judicial decisions in criminal matters.

(3)

The measures provided for in this Framework Decision should aim, in particular, to prevent and resolve conflicts of jurisdiction, ensure that the jurisdiction where the proceedings take place is the most appropriate one and bring more transparency and objectivity to the choice of criminal jurisdiction in situations where the facts of a case fall within the jurisdiction of two or more Member States.

(4)

In situations where facts fall within the jurisdiction of several Member States and may lead to a conflict of jurisdiction, it cannot be guaranteed that the jurisdiction which is chosen to conduct criminal proceedings is the most appropriate one or is chosen in a transparent and objective way having regard to the specific circumstances of a case and to the characteristics of each of the possible jurisdictions. In a common European area of freedom, security and justice it is necessary to take action to ensure that national authorities are made aware, at an early stage, of facts which may give rise to a conflict of jurisdiction and that agreement is reached to concentrate, as far as possible, criminal proceedings for such facts in a single jurisdiction having regard to common and objective criteria and to transparency.

(5)

This Framework Decision should apply to two situations. In the first situation it establishes a procedure for exchange of information where competent authorities of one Member State conduct criminal proceedings for specific facts and need to find out if there are ongoing proceedings for the same facts in other Member States. In the second situation, competent authorities of one Member State conduct criminal proceedings for specific facts and become aware, by means other than notification procedure, that competent authorities of other Member States are already conducting criminal proceedings for the same facts. In such a situation the notification procedure should not apply and the respective States should enter into direct consultations.

(6)

This Framework Decision is not intended to solve negative conflicts of jurisdiction, this is where no Member State has established its jurisdiction over the criminal offence committed. The situation where a Member State has established its jurisdiction but is not willing to exercise it should be considered for the purposes of this Framework Decision as a specific category of a positive conflict of jurisdiction.

(7)	None of the Member States concerned should be obliged to give up or take over jurisdiction unless it wishes to do so. If agreement cannot be reached the Member States should retain their right to initiate criminal proceedings for any criminal offence which falls within their national jurisdiction.

(8)

This Framework Decision does not affect the legality principle and opportunity principle as governed by the national law of the Member States. Nevertheless, as the very aim of this Framework Decision is to prevent unnecessary parallel criminal proceedings, its application should not give rise to a conflict of jurisdiction which would not occur otherwise.

(9)	This Framework Decision is without prejudice to, and is not intended to regulate even indirectly, the ne bis in idem principle as recognised by the Convention Implementing the Schengen Agreement (3) and by the relevant case-law of the Court of Justice of the European Communities.

(10)	This Framework Decision is without prejudice to proceedings under the European Convention on the Transfer of Proceedings in Criminal Matters, signed in Strasbourg on 15 May 1972, as well as any other arrangements concerning the transfer of proceedings in criminal matters between the Member States.

(11)	Where the accused is a national or resident of another Member State, this should not as such be automatically regarded as a significant link.

(12)

When describing the facts which are the subject of the criminal proceedings in the notification, the notifying authority should in particular state precisely where, when and how the offence was committed, as well as the details of the suspect or person accused, in order for the responding authority to determine whether criminal proceedings for the same facts are being conducted in its Member State.

(13)	Direct consultations can be initiated by any of the Member States concerned and by whatever means of communication.

(14)	This Framework Decision states when it is mandatory for the respective authorities to enter into direct consultations. However, nothing should prevent the authorities entering voluntarily into direct consultations in order to agree on the best placed jurisdiction in any other situation.

(15)

In the situation where competent authorities become aware that the facts which are the subject of ongoing or anticipated criminal proceedings in one Member State were the subject of proceedings which have been finally disposed of in another Member State, the ensuing exchange of information should be encouraged. The purpose of that exchange of information should be to provide the competent authorities of the Member State where the proceedings have been finally disposed of with information and evidence enabling them to possibly reopen the proceedings in accordance with their national law.

(16)

This Framework Decision should not lead to undue bureaucracy in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision.

(17)	This Framework Decision should be complementary and without prejudice to the Council Decision 2008/…/JHA of … on the strengthening of Eurojust and amending Decision 2002/187/JHA (4) and it should make use of mechanisms already existing within Eurojust.

(18)	Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (5) should apply to the protection of personal data provided under this Framework Decision.

(19)	This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,

HAS ADOPTED THIS FRAMEWORK DECISION:

CHAPTER 1

GENERAL PRINCIPLES

Article 1

Subject matter and scope

1. This Framework Decision establishes:

(a)

the procedural framework under which national authorities shall exchange information about ongoing criminal proceedings for specific facts in order to find out whether there are parallel ongoing proceedings for the same facts in other Member State(s) and under which their national authorities shall enter into direct consultations in order to reach an agreement on the best placed jurisdiction for conducting criminal proceedings for specific facts which fall within the jurisdiction of two or more Member States;

(b)	rules and common criteria which shall be taken into account by the national authorities of two or more Member States whenever they seek agreement on the best placed jurisdiction for conducting criminal proceedings for specific facts.

2. This Framework Decision shall apply to the following situations:

(a)

where the competent authorities of one Member State conduct criminal proceedings and discover that facts which are the subject of these proceedings demonstrate a significant link to one or more other Member States, and it is possible that the competent authorities of such other Member State(s) are conducting criminal proceedings for the same facts;

(b)	where the competent authorities of one Member State conduct criminal proceedings and by whatever means become aware that the competent authorities of one or more other Member States conduct criminal proceedings for the same facts.

3. This Framework Decision shall not apply to situations where no Member State has established its jurisdiction over the committed criminal offence.

4. This Framework Decision shall not apply to any proceedings brought against undertakings if such proceedings have as their object the application of European Community competition law.

5. This Framework Decision does not confer any rights on a person to be invoked before the national authorities.

Article 2

Definitions

For the purposes of this Framework Decision:

(a)	‘notifying State’ means the Member State whose competent authorities notify the competent authorities of another Member State or invite the competent authorities of another Member State to enter into direct consultations;

(b)	‘responding State’ means the Member State whose competent authorities are notified or are invited to enter into direct consultations by the competent authorities of another Member State;

(c)	‘ongoing proceedings’ means criminal proceedings, including pre-trial stage, conducted under national law by the competent authorities of a Member State for specific facts;

(d)

‘notifying authority’ means an authority designated under national law to notify the authorities of another Member State about the existence of ongoing proceedings for a criminal offence, to receive responses to such notifications and to discuss and agree with a competent authority of another Member State the question of which is the best placed jurisdiction for conducting criminal proceedings for specific facts which fall within the jurisdiction of those Member States;

(e)

‘responding authority’ means an authority designated under national law to receive and respond to notifications about the existence of ongoing proceedings for a criminal offence in another Member State and to consult and agree with a competent authority of another Member State the question of which is the best placed jurisdiction for conducting criminal proceedings for specific facts which fall within the jurisdiction of those Member States.

Article 3

Determination of notifying and responding authorities

1. Each Member State shall inform the General Secretariat of the Council as to which authority has been designated to act as notifying authority and as responding authority. A Member State may decide to designate a single authority to act both as notifying and responding authority.

2. The General Secretariat of the Council shall make the information received available to all Member States and the Commission and publish it in the Official Journal of the European Union.

Article 4

Possibility of assigning the tasks of a designated authority to another national authority

1. At any stage of the procedure which is provided for in this Framework Decision, a notifying or a responding authority may decide to assign its tasks as designated authority under Article 3(1) to another national authority, for example to an authority with responsibility under national law for conducting criminal proceedings.

2. If a decision is taken in accordance with paragraph 1, it shall be immediately communicated to the notifying or responding authority of the Member State concerned together with the contact details of the assigned authority.

3. The decision referred to in paragraph 1 shall take effect as of the receipt of communication in accordance with paragraph 2.

CHAPTER 2

EXCHANGE OF INFORMATION

Article 5

Notification

1. In the event that the authorities of a Member State, which are competent under national law to conduct criminal proceedings, discover that facts which are the subject of ongoing proceedings demonstrate a significant link to one or more Member States, the notifying authority of the first Member State shall as soon as practicable notify the existence of these proceedings to the responding authority(ies) of the Member State(s) significantly linked to them in order to find out whether the responding Member State(s) is/are conducting criminal proceedings for the same facts.

2. The obligation to notify pursuant to paragraph 1 applies only to criminal offences punishable in the notifying State by a custodial sentence or a detention order for a maximum period of at least one year and as they are defined by the law of the notifying Member State.

Article 6

Significant link

1. A link shall always be regarded as ‘significant’ where the conduct or its substantial part which gives rise to the criminal offence took place in the territory of another Member State.

2. In proceedings which contain a link to another Member State, other than the one referred to in paragraph 1, the decision as to whether a certain link is to be regarded as significant shall be taken on a case-by-case basis by reference, in particular, to the common criteria listed in Article 15(2).

Article 7

Procedure of notification

1. The notifying authority shall notify the responding authority by any means whereby a written record can be produced to allow the responding State to establish the authenticity of notification.

2. If the responding authority is unknown, the notifying authority shall make all necessary inquiries, including via the contact points of the European Judicial Network or Eurojust, in order to obtain the details of the responding authority from the responding State.

3. If the authority in the responding State which receives the notification is not the competent responding authority under Article 3, it shall automatically transmit the notification to the competent authority and shall inform the notifying authority accordingly.

Article 8

Form and content of the notification

1. The notification shall contain the following information:

(a)	details of the national authority or authorities which are dealing with the case;

(b)	a description of the facts which are the subject of the notified ongoing proceedings, including the nature of the significant link;

(c)	the stage that has been reached in the ongoing proceedings; and

(d)	details about the suspect and/or accused person, if known, and about the victims, if applicable.

2. The notification may contain any other relevant additional information relating to the ongoing proceedings in the notifying State, for example as to any difficulties which are being encountered in the notifying State.

3. The notifying authority shall use Form A set out in the Annex.

Article 9

Form and content of the response

1. The response shall contain the following information:

(a)	details of the national authority or authorities which are dealing or dealt with the case, if applicable;

(b)	whether proceedings for some or all of the facts which are the subject of the notification are ongoing in the responding State and the stage that has been reached;

(c)	whether proceedings for some or all of the facts which are the subject of the notification have been dealt with in the responding State, including the nature of the final decision;

(d)	whether the authorities of the responding State intend to initiate their own criminal proceedings for specific facts which are the subject of the notification, if applicable.

2. The response may contain any other relevant additional information, in particular concerning any distinct but related facts which are the subject of proceedings in the responding State.

3. When responding to a notification, the responding authority shall use Form B set out in the Annex.

Article 10

Time limits and additional information

1. A responding authority shall respond to a notification within a period of 15 days from the date of receipt.

2. If necessary, this time limit may be extended by an additional period of up to 15 days. However, the responding authority shall notify such an extension within the time limit set out in paragraph 1.

3. If a responding authority finds the information from the notifying authority insufficient to enable it to respond, it may within the time limit set out in paragraph 1 request that the necessary additional information be furnished and may fix a reasonable time limit for the receipt thereof.

4. The time limit set out in paragraph 1 shall be renewed after the receipt of additional information.

Article 11

Absence of a response

If a responding authority does not respond within the time limits provided in Article 10, a notifying authority may take any measures it considers appropriate in order to bring the matter to the attention of the responding State, including notification thereof to Eurojust.

CHAPTER 3

DIRECT CONSULTATIONS

Article 12

Direct consultations

1. When transmitting the response or following its transmission a notifying authority and a responding authority shall enter into direct consultations in order to agree on the best placed jurisdiction for conducting criminal proceedings for specific facts which may fall within the jurisdiction of both, if:

(a)	there are ongoing proceedings in a responding State for some or all of the facts which are the subject of a notification; or

(b)	the authorities of a responding State intend to initiate criminal proceedings for some or all of the facts which are the subject of a notification.

2. The national authorities shall enter into direct consultations in accordance with paragraph 1 in the event that the responding authorities of more than one Member States are notified for the same ongoing proceedings. In such an event, the relevant notifying authority shall be responsible for coordinating these consultations.

3. In the absence of a notification, two or more Member States shall enter into direct consultations, through their respective notifying or responding authorities, in order to agree on the best placed jurisdiction, if they become aware, by whatever means, that parallel criminal proceedings for the specific facts are ongoing or anticipated.

Article 13

Providing information on important procedural acts or measures

Notifying and responding authorities which enter into direct consultations shall inform each other of any important procedural measures they take after the commencement of consultations.

CHAPTER 4

DETERMINATION OF THE BEST PLACED JURISDICTION

Article 14

Aim of the consultations

1. The general aim of the consultations on the best placed jurisdiction shall be to agree that the competent authorities of a single Member State will conduct criminal proceedings for all the facts which fall within the jurisdiction of two or more Member States.

2. When there are ongoing proceedings in any Member State for facts which are related but are not identical to the facts which are the subject of the consultations on the best placed jurisdiction or when it is not practicable to conduct criminal proceedings in a single Member State in particular because of the complexity of the facts or of the number of accused persons involved, it may be more appropriate to conduct criminal proceedings in two or more Member States which would respectively cover different facts or different persons.

Article 15

Criteria to determine the best placed jurisdiction

1. There shall be a general presumption in favour of conducting criminal proceedings at the jurisdiction of the Member State where most of the criminality has occurred which shall be the place where most of the factual conduct performed by the persons involved occurs.

2. Where the general presumption according to paragraph 1 does not apply due to the fact that there are other sufficiently significant factors for conducting the criminal proceedings, which strongly point in favour of a different jurisdiction, the competent authorities of Member States shall consider those additional factors in order to reach an agreement on the best placed jurisdiction. Those additional factors shall include, in particular, the following:

—	location of the accused person or persons after an arrest and possibilities for securing their surrender or extradition to the other possible jurisdictions,

—	nationality or residence of the accused persons,

—	territory of a State where most of the damage was sustained,

—	significant interests of victims,

—	significant interests of accused persons,

—	location of important evidence,

—	protection of vulnerable or intimidated witnesses whose evidence is of importance to the proceedings in question,

—	the residence of the most important witnesses and their ability to travel to the Member State where most of the criminality has occurred,

—	stage of proceedings reached for the facts in question,

—	existence of ongoing related proceedings,

—	economy of the proceedings.

Article 16

Cooperation with Eurojust

1. Any national authority shall be at liberty, at any stage of a national procedure, to

(a)	ask for Eurojust's advice;

(b)	take a decision to refer to Eurojust specific cases which raise the question of the best placed jurisdiction.

2. Where, in the cases which fall within the competence of Eurojust, it has not been possible to reach an agreement on the best placed Member State jurisdiction for conducting criminal proceedings for specific facts, the disagreement, as well as situations where an agreement has not been reached within 10 months after entry into direct consultations, shall be referred to Eurojust by any Member State involved.

Article 17

Cases where an agreement has not been reached

In those exceptional situations, where

(a)	an agreement has not been reached even after the intervention of Eurojust in accordance with Article 16; or

(b)	in cases which do not fall within the competence of Eurojust, the direct consultations were terminated by a disagreement or situations where an agreement has not been reached within 6 months after entry into direct consultations,

the Member States shall inform Eurojust about the reasons of the failure to reach an agreement.

CHAPTER 5

MISCELLANEOUS

Article 18

Other exchange of information

1. Where the competent authorities of one Member State discover by whatever means that facts which are the subject of ongoing or anticipated proceedings in that Member State were the subject of proceedings which have been finally disposed of in another Member State, the notifying authority of the first Member State may inform the responding authority of the second Member State of this situation and transmit all the relevant information.

2. If the responding authority discovers, either by way of notification or by whatever other means, that the facts which were the subject of proceedings which have been finally disposed of in its Member State are the subject of ongoing or anticipated proceedings or were the subject of ongoing proceedings in another Member State, the responding authority may consider whether it will request additional information that would enable it to duly assess the possibility of reopening the proceedings under national law.

CHAPTER 6

GENERAL AND FINAL PROVISIONS

Article 19

Languages

Each Member State shall state in a declaration deposited with the General Secretariat of the Council the languages in which it will accept the notification referred to in Article 5 and languages in which it will respond to the notification.

Article 20

Relation to legal instruments and other arrangements

1. Insofar as other legal instruments or arrangements allow the objectives of this Framework Decision to be extended or help to simplify or facilitate the procedure under which national authorities exchange information about their ongoing proceedings, enter into direct consultations and try to reach an agreement on the best placed jurisdiction for conducting criminal proceedings for the specific facts which fall within the jurisdiction of two or more Member State, the Member States may:

(a)	continue to apply bilateral or multilateral agreements or arrangements in force when this Framework Decision comes into force;

(b)	conclude bilateral or multilateral agreements or arrangements after this Framework Decision has come into force.

2. The agreements and arrangements referred to in paragraph 1 shall in no case affect relations with Member States which are not parties to them.

3. Member States shall, within three months from the entry into force of this Framework Decision, notify the General Secretariat of Council and the Commission of the existing agreements and arrangements referred to in paragraph 1(a) which they wish to continue applying.

Member States shall also notify the General Secretariat of Council and the Commission of any new agreement or arrangement as referred to in paragraph 1(b), within three months of signing any such arrangement or agreement.

4. This Framework Decision shall be without prejudice to Decision 2008/…/JHA.

Article 21

Implementation

Member States shall take the necessary measures to comply with the provisions of this Framework Decision by ….

By the same date Member States shall transmit to the General Secretariat of Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision.

Article 22

Report

The Commission shall, by …, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Framework Decision, accompanied, if necessary, by legislative proposals.

Article 23

Entry into force

This Framework Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Done at Brussels, …

For the Council

The President

(1) Opinion of … (not yet published in the Official Journal).

(2) OJ C 53, 3.3.2005, p. 1.

(3) OJ L 239, 22.9.2000, p. 19.

(4) OJ … (not yet published in the Official Journal).

(5) OJ L 350, 30.12.2008, p. 60.

ANNEX

18.2.2009

Official Journal of the European Union

C 39/16

Updated list of approved laboratories that according to Article 8(2) of Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents (1) are competent to carry out the tests required by the Regulation

(2009/C 39/05)

(Note: This list and forthcoming updates will be also available in the Internet (2))

Member State

Approved laboratories

Belgium

BfB Oil Research S.A

rue Phocas Lejeune 10

B-5032 Isnes

Tel. (32-81) 58 53 0

Fax (32-81) 58 53 8

bfb@proximedia.be

Lisec N.V.

Craenevenne 140

B-3600 Genk

Tel. (32-89) 36 27 91

Fax (32-89) 35 58 05

Bulgaria

—

Czech Republic

Výzkumný ústav organických syntéz a. s. (VUOS)

Centrum ekologie, toxikologie a analytiky

CZ-532 18 Pardubice-Rybitví

Tel. (420) 466 823 127

Fax (420) 466 822 476

www.vuos.com

BIOTEST

Pod Zámkem 279

CZ-281 25 Konarovice

Tel. (420) 321 766 074

Fax (420) 321 766 066

BIOPHARM

Research Institute of Biopharmacy and Veterinary Drugs

Pohoří-Chotouň 55

CZ-254 99 Jílove u Prahy

Tel. (420) 241 950 383

Fax (420) 241 950 503

EMPLA, Ekological Laboratory

ul. Jana Krušinky

CZ-500 02 Hradec Králové

Tel. (420) 495 220 739

Fax (420) 495 220 739

empla@topix.cz

INOTEX

Štefánikova 1208

CZ-544 01 Dvůr Králové nad Labem

Tel. (420) 499 320 140

Fax (420) 499 320 149

inotex@inotex.cz

Denmark

DHI Institut for Vand & Miljø

Agern Allé 5

DK-2970 Hørsholm

Tel. (45) 45 16 92 00

Fax (45) 45 16 92 92

mailto:dhi@dhi.dk

http://www.dhi.dk/

Eurofins Danmark A/S

Smedeslovvej 38

DK-8464 Galten

Tel. (45) 70 22 42 66

Fax (45) 70 22 42 55

Germany

BASF AG Experimentelle Toxikologie und Ökologie

Carl-Bosch-Str. 38

D-67056 Ludwigshafen

Tel. (49-621) 60 0

Bayer Industry Services GmbH & Co. OHG, SUA-PUA I

Bayerwerk, Geb. Q, 18-2

D-51368 Leverkusen

Tel. (49-214) 30 1

SGS Institut Fresenius GmbH

Im Maisel 14,

D-65232 Taunusstein

Tel. (49-6128) 744 0

info@institut-fresenius.de

nonfood@institut-fresenius.de

IBACON — Institut für Biologische Analytik und Consulting GmbH

Arheiliger Weg 17

D-64380 Roßdorf

Tel. (49-6154) 697 372

Fax (49-6154) 697 371

info@ibacon.com

Kesla Forschung & Service (GmbH & Co.) KG, Kesla Biolab, Prüflabor für Analytik, Mikrobiologie und Toxikologie

Salegaster Chaussee 3

D-06803 Greppin

Tel. (49-3493) 751 80

Fax (49-3493) 751 99

biolab@kesla.de

Dr. U. Noack-Laboratorien

Käthe-Paulus-Str. 1

D-31157 Sarstedt

Tel. (49-5066) 7067 0

Fax (49-5066) 7067 89

info@noack-lab.de

Fraunhofer-Institut für Molekularbiologie und Angewandte Oekologie (IME), Bereich Angewandte Ökologie

Auf dem Aberg 1

D-57392 Schmallenberg

Tel. (49-2972) 302 0

Fax (49-2972) 302 319

info@ime.fraunhofer.de

AQura GmbH

Paul-Baumann-Str. 1,

D-45764 Marl oder

Rodenbacher Chaussee 4

D-63457 Hanau-Wolfgang

Tel. (49-2365) 49 21 61

Fax (49-2365) 49 80 21 61

aqura@degussa.com

LAUS GmbH

Mandelring 47

D-67433 Neustadt a. d. Weinstraße

Tel. (49-6321) 35 31 5

Fax (49-6321) 48 05 78

info@laus.de

Degussa Standortservice Krefeld Stockhausen GmbH

Laboratorium für Toxikologie und Ökologie

Bäkerpfad 25

D-47805 Krefeld

Tel. (49-2159) 38 3142

Fax (49-2159) 38 1896

Bayer CropScience Development — Metabolism/Environmental Fate

Alfred Nobel Str. 50

Building 6650-6670

D-40789 Monheim

Tel. (49-2173) 38 37 62

Fax (49-2173) 38 40 14

Estonia

—

Greece

Γενικό Χημείο του Κράτους, 2ο Τμήμα Χημικών Αθήνας

(General Chemical State Laboratory, 2nd Chemical Division)

12 Αν Τσόχα, Αμπελόκηποι, τ.κ.

GR-115 21, Αθήνα

Tel. (30) 210 64 92 42; (30) 210 64 79 148

Fax (30) 210 64-305-70

gxk-bxy@ath.forthnet.gr

Spain

—

France

ARKEMA — GRL-LPX

BP 34

F-64170 Artix

Tél. (33) 559 92 67 63

Fax (33) 559 92 69 47

European Agricultural Services

76, avenue Édouard Millaud

F-69290 Craponne

Tél. (33) 472 71 52 46

Fax (33) 472 71 52 40

GAB France SARL

263, rue du Moulin

F-60400 Appilly

Tél. (33) 388 08 99 43

Fax (33) 388 08 16 49

INERIS

Parc technologique Alata — BP 2

F-60550 Verneuil en Halatte

Tél. (33) 344 55 67 19

Fax (33) 344 55 67 67

SGS Laboratoire Multilab

2 bis, rue Duguay Trouin

BP 1282

F-76178 Rouen Cedex

Tél. (33) 235 07 91 43

Fax (33) 235 07 91 90

Ireland

Agrochemex Ltd.

Aldham's Farm Research Station, Lawford

Mannintree

Essex CO11 2NF

Battelle UK Ltd.

Battelle House, Fyfield Business and Research Park, Fyfield Road

Ongar

Essex CM5 OGZ

CEMAS

Glendale Park, Ferndale Road

North Ascot

Berkshire, SL5, 8BJ

Covance Laboratories Ltd.

Otley Road, Harrogate

North Yorkshire

HG3 1PY

Huntingdon Life Sciences

Eye Research Centre, Occold,

Eye

Suffolk, IP23, 7PX

SafePharm Laboratories, Ltd.

Shardlow Business Park

London Road

Shardlow

Italy

Chemservice S.r.l. — Controlli e Ricerche

Via Fratelli Beltrani, 15

I-20026 Novate Milanese (MI)

Tel. (39) 02 356 99 61

Fax (39) 02 38 20 14 46

info@chemservice.it

Stazione Sperimentale per le Industrie degli Oli e dei Grassi

Via Giuseppe Colombo, 79

I-20133 Milano

Tel. (39) 27 06 49 71

Fax (39) 22 36 39 53

info@ssog.it

Cyprus

—

Latvia

—

Lithuania

—

Luxembourg

—

Hungary

—

Malta

—

The Netherlands

TNO Chemie

Kwaliteit van leven

Postbus 360

3700 AJ Zeist

Nederland

Tel. (31-30) 694 41 44

Fax (31-30) 695 72 24

Austria

ARC Seibersdorf research GmbH, Bereich Umwelt- und Lebenswissenschaften, GLP-Prüfstelle

A-2444 Seibersdorf

Tel. (43) 5 055 503 540 or 3 501

Fax (43) 5 055 503 653

UIS Umweltinstitut Synlab GmbH, Institute für Industrie- und Umweltanalytik, GLP-Prüfstelle

St Peter Straße 25

A-4021 Linz

Tel. (43-732) 6911 3974

Fax (43-732) 6911 3808 or (43-732) 6911-63974

Poland

Instytut Chemii Przemysłowej im. Profesora Ignacego Mościckiego

(Industrial Chemistry Research Institute)

ul. Rydgiera 8

PL-01-793 Warszawa

Tel. (48-22) 568 22 92 or 94

www.ichp.pl

Instytut Przemysłu Organicznego w Warszawie

(Institute of Industrial Organic Chemistry — Branch Warsaw)

ul. Annopol 6

PL-03-236 Warszawa

Tel. (48-22) 811 12 31

Fax (48-22) 811 07 99

ipo@ipo.waw.pl

www.ipo.waw.pl

Instytut Przemysłu Organicznego w Warszawie Oddzial w Pszczynie

(Institute of Industrial Organic Chemistry — Branch Pszczyna)

ul. Doświadczalna 27

PL-43-200 Pszczyna

Tel. (48-32) 210 30 81

Fax (48-32) 210 35 37

mailto: ipo@ipo-pszczyna.pl

www.ipo-pszczyna.pl

Instytut Ciężkiej Syntezy Organicznej „Blachownia”

ul. Energetykow 9

PL-47-225 Kedzierzyn-Kozle

Tel. (48-77) 4873 199 or 470

Fax (48-77) 487 30 60

Portugal

—

Romania

National Research and Development Institute for Industrial Ecology (ECOIND)

Pollution control department

(Service de lutte contre la pollution)

90-92 Panduri street, sector 5

RO-050663 București

Tel. (40 21) 410 67 16

Fax (40 21) 410 05 75

ecoin@incdecoind.ro

Slovenia

—

Slovakia

VUCHT, a.s.

Department Analytical Chemistry

Nobelova 34

SK-83603 Bratislava

Tel. (421-2) 442 50 190 or 317

Fax (421-2) 442 58 558

vucht@vucht.sk

VUCHT, a.s.

Test Facility of Ecological Department

Nobelova 34

SK-83603 Bratislava

Tel. (421-2) 442 50 190 or 317

Fax (421-2) 442 58 558

vucht@vucht.sk

Slovnaft-VURUP, a.s.

Department of Toxicology

Vlčie hrdlo

SK-82412 Bratislava

Tel. (421-2) 405 54 60

Fax ( 421-2) 452 46 276

Ecotoxicological Laboratory

Nádražná 36

SK-90028 Ivánka pri Dunaji

Tel. (421-2) 45 94 52 23

Fax ( 421-2) 45 94 37 12

etcba@gtinet.sk

VUTCH — CHEMITEX, spol. s r.o.

ul. Jána Milca

SK-01168 Žilina

Tel. (421-41) 56 22 418 or 419

Fax (421-41) 56 217 04

vutch@nextra.sk

VUSAPL, a.s.

Testing Laboratory Section

Novozámocká 179, PO Box A/50

SK-94901 Nitra

Tel. (421-37) 65 01 111

Fax (421-37) 65 13 49

Finland

—

Sweden

AnoxKaldnes AB

Klosterängsvägen 11A

S-226 47 Lund

Tel. (46 46)18 21 50

Fax (46 46) 13 32 01

sweden@anoxkaldnes.com

United Kingdom

SafePharm Laboratories Ltd.

Shardlow Business Park

Buxton

London Road, Shardlow, Derbyshire DE72 2GD

United Kingdom

Tel. (44-1332)79 28 96

Fax (44-1332) 79 90 18

Huntingdon Life Sciences (Eye)

Eye Research Centre

Occold, Eye, Suffolk IP23 7PX

United Kingdom

Tel. (44-1480) 89 20 00

Fax (44-1480) 89 06 93

Covance Laboratories Ltd.

Otley Road, Harrogate

North Yorkshire, HG3 1PY

United Kingdom

Tel. (44-1423) 84 87 68

Fax (44-1423) 56 95 95

Agro Chemical Experimentation

Aldham's Farm Research Station

Lawford, Manningtree, Essex CO11 2NF

United Kingdom

Tel. (44-1206) 28 17 03

Fax (44-1206) 28 17 50

CEMAS

Glendale Park, Ferndale Road

North Ascot, Berkshire SL5 8BJ

United Kingdom

Tel. (44-1344) 88 71 00

Fax (44-1344) 88 71 01

enquiries@cemas.co.uk

Battelle UK Ltd.

Battelle House, Fyfield Business & Research Park

Fyfield Road, Ongar, Essex CM5 0GZ

United Kingdom

Tel. (44-1277) 36 61 00

Fax (44-1277) 36 74 54

info@battelleuk.com

Synergy Laboratories Ltd.

Bolford Street

Thaxted, Essex CM6 2PY

United Kingdom

Tel. (44-1371) 83 18 88

Fax (44-1371) 83 16 22

info@e-synergylabs.com

AstraZeneca

Brixham Environmental Laboratory

Freshwater Quarry, Brixham, Devon TQ5 8BA

United Kingdom

Tel. (44-1803) 88 42 47

Fax (44-1803) 88 29 74

EFTA Members

Approved laboratories

Norway

Norsk institutt for vannforskning (NIVA)

Postboks 173 Kjelsås

N-0411 Oslo

Tel. (47-22) 18 51 00

niva@niva.no

M-lab AS

Postboks 3013 Hillevåg

N-4095 Stavanger

Tel. (47-51) 90 65 00

ila@m-lab.no

(1) OJ L 104, 8.4.2004, p. 1.

(2) http://ec.europa.eu/enterprise/chemicals/legislation/detergents/index_en.htm

18.2.2009

Official Journal of the European Union

C 39/23

Updated list of the national competent authorities as provided for in Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents (1)

(2009/C 39/06)

(Note: This list and forthcoming updates will be also available in the Internet (2))

EU Member State

Competent authority

Belgium

FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu

DG Leefmilieu, Dienst Risicobeheersing

SPF Santé publique, sécurité de la chaîne alimentaire et environnement

(Public Health, Food Chain and Environment)

EUROSTATION II

Victor Hortaplein 40 bus 10/Place Victor Horta 40, boite 10

B-1060 Brussels/Bruxelles

Tel. (32-2) 524 95 76

Fax (32-2) 524 95 03

E-mail: risk@health.fgov.be

Bulgaria

Ministry of Health

Sveta Nadelya sqr. 5

BG-1000 Sofia

Tel. (359) 2 9301 276

Ministry of Environment and Water

Coordination of Regional Inspectorates of Environment and Water Directorate

Maria Luisa str., 22

BG-1000 Sofia

Tel. (359) 2 9406 236

Czech Republic

Ministerstvo životního prostředí — Odbor environmentálních rizik

(Ministry of Environment — Department of Environmental Risks)

Vršovická 65

CZ-100 10 Praha 10 — Vršovice

Tel. (420) 267 122 535

Fax (420) 267 310 013

E-mail: info@env.cz

Denmark

Miljøstyrelsen — EPA

(Ministry of Environment — Environmental Protection Agency)

Strandgade 29

DK-1401 København K

Tel. (45) 32 66 01 00

Fax (45) 32 66 04 74

Germany

Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit

(Ministry of Environment, Nature Protection and Nuclear Safety)

Referat IG II 1

Robert-Schuman-Platz 3

D-53175 Bonn

Tel. (49-1888) 305 27 37/(49-1888) 305 27 33

Fax (49-1888) 305 35 24

Umweltbundesamt

(Federal Environment Agency)

Wörlitzer Platz 1

D-06844 Dessau

Tel. (49-340) 21 03 33 17/-31 54

Fax (49-340) 21 04 33 17/-31 54

Bundesanstalt für Arbeitsschutz und Arbeitsmedizin

(Federal Institute for occupational safety and health)

FB 5.4

Friedrich-Henkel-Weg 1

D-44149 Dortmund

Tel. (49-231) 9071-2319

Tel. (49-231) 9071-2516

Estonia

Sotsiaalministeeriumi rahvatervise osakond

(Ministry of Social Affairs/Public Health Department)

Chemicals Safety Unit

Gonsiori 29

EE-15027 Tallinn

Tel. (372) 626 91 53

Fax. (372) 699 22 09

Greece

Eλληνική Δημοκρατία

Υπουργείο Οικονομικών

(Ministry of Economy and Finance

General Chemical State Laboratory

Division of Raw Materials and Industrial Products)

16, An. Tsocha Street

GR-115 21 Athina

Tel. (30-210) 647 92 64/647 92 65

Fax (30-210) 644 16 48

E-mail: gxk-industrial@ath.forthnet.gr

Spain

Ministerio de Industria y Energía

(Ministry of Industry and Energy)

Jefe de Servicio de Química Básica

Paseo de la Castellana 160

E-28071 Madrid

Tel. (34-91) 349 42 20

Fax (34-95) 669 80 84

France

Ministère de l'ecologie et du développement durable, Direction de l'eau

Sous-direction des milieux aquatiques et de la gestion des eaux

(Ministry of Environment and Sustainable Development)

Chef du bureau de la lutte contre les pollutions domestiques et industrielles

20 avenue de Ségur

F-75302 Paris 07 SP

Tel. (33-1) 42 19 12 37

Fax (33-1) 42 19 12 35

Ministère de l'ecologie et du développement durable

Bureau des substances et préparations chimiques DPPR/SDPD

(Ministry of Environment and Sustainable Development)

20 avenue de Ségur

F-75302 Paris 07 SP

Tel. (33-1) 42 19 15 45

Fax (33-1) 42 19 14 68

Ministère de l'economie, des finances et de l'industrie

Direction générale des entreprises, bureau chimie

(Ministry of Economy, Finances and Industry)

Bâtiment Le Bervil

12 rue Villiot

F-75572 Paris Cedex 12

Tel. (33-1) 53 44 94 52

Fax (33-1) 53 44 91 72

Ireland

Health Safety Authority

3rd Floor Hebron House

Hebron Road

Kilkenny

Environmental Protection Agency

Seville Lodge

Callan Road

Kilkenny

Ministry of Health and Children

Hawkins House

Hawkins Streed

Dublin 2

Irish National Accreditation Board (c/o Forfas)

Wilton Park House

Wilton Park

Dublin 2

Department of Enterprise, Trade and Employment

65a Adelaide Road

Dublin 2

Tel. (353-1) 631 31 26

Fax (353-1) 631 32 63

Italy

Ministero della Salute

(Ministry of Health)

Dirigente chimico

Viale della Civiltà Romana 7

I-00144 Roma

Tel. (39-06) 59 94 34 39/59 94 32 12

Fax (39-06) 59 94 35 54/59 94 32 27

Cyprus

Υπουργείο Υγείας

(Ministry of Health)

Medical and Public Health Services

Public Health Services

18, John Kennedy, Pallouriotissa

CY-1449 Nicosia

Tel. (357) 22 305 339

Fax (357) 22 305 345

E-mail: healthservices@mphs.moh.gov.cy

Latvia

Veselības ministrija

(Ministry of Health)

Brivibas Str., 72

LV-1011 Riga

Tel. (371) 787 61 02

Fax (371) 787 60 71

Veselības inspekcija

(Health Inspectorate)

Ieriku Str., 3

LV-1084 Riga

Tel. (371) 67 50 79 81

Fax (371) 67 81 96 72

E-mail: vi@vi.gov.lv

LATVIJAS VIDES, ĢEOLOĢIJAS UN METEOROLOĢIJAS AĢENTŪRA

(Latvian Environment, Geology and Meteorology Agency)

Maskavas iela 165

LV-1019 Riga

Tel. (371) 714 61 38

Fax (371) 714 51 54

E-mail: lvgma@lvgma.gov.lv

Lithuania

Ūkio ministerija

(Ministry of Economy)

Gedimino ave. 38/2

LT-01104 Vilnius

Tel. (370 5) 262 38 63

Fax (370 5) 262 39 74

E-mail: kanc@ukmin.lt

Valstybinė ne maisto produktų inspekcija prie Ūkio ministerijos

(State non Food Inspectorate under the Ministry of Economy)

Gedimino ave. 38/2

LT-01104 Vilnius

Tel. (370 5) 261 23 00

Fax (370 5) 262 94 13

E-mail: rastine@is.lt

Luxembourg

Administration de la Gestion de l'Eau — Direction

(Water management)

51, rue de Merl

L-2146 Luxembourg

Tel. (352) 26 02 86 1

Hungary

Környezet- és Természetvédelmi Főfelügyelőség

(National Inspectorate for Environment, Nature and Water)

Mészáros u. 58/a

H-1016 Budapest

Tel. (36-1) 224 9100

Fax (36-1) 224 9263

E-mail: orszagos@zoldhatosag.hu

Malta

Foodstuff, Chemicals and Cosmetics Directorate/Malta Standard Authority

Ministry of Competitiveness and Communications

2nd Floor, Evans Buildings

Merchants Street

Valletta VLT 03

Tel. (356) 21242420

Fax (356) 21242406

E-mail: info@msa.org.mt

The Netherlands

Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer

Directoraat-Generaal Milieubeheer

(Ministry of Housing, Spatial Planning and the Environment)

Ipc 650 or Ipc 655

Postbus 30945

2500 GX Den Haag

Nederland

Tel. (30-70) 339 46 64 or (30-70) 339 43 79

Fax (30-70) 339 13 13 or (30-70) 339 43 79

Rijksinstituut voor Volksgezondheid en Milieu (VROM)

(National Institute for Public Health and the Environment)

Postbus 1

3720 BA Bilthoven

Nederland

Tel. (31-30) 274 20 01/274 40 87

Fax (31-30) 274 44 13/274 44 01

Austria

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

(Federal Ministry of Agriculture, Forestry, Environment and Water management)

Stubenbastei 5

A-1010 Wien

Tel. (43-1) 515 222 328/515 222 330

Fax (43-1) 515 227 334

Poland

Biuro do Spraw Substancji i Preparatów Chemicznych

Departament do Spraw Substancji i Preparatów Niebezpiecznych

(Bureau for Chemicals Substances and Preparations)

30/34 Dowborczyków Street

PL-90-019 Lodz

Tel. (48-42) 25 38 400 or 401

Fax (48-42) 25 38 444

www.chemikalia.gov.pl

Portugal

Ministério da Economia e da Inovação

(Minsitry of Economy and Innovation)

Direcção Geral daEmpresa

Av. Visconde Valmor no 72

P-1069-041 Lisboa

Tel. (35-21) 791 91 00

E-mail: ue@dgempresa.min-economia.pt

Romania

National Agency for Environmental Protection

Aleea Lacul Morii nr. 151, sector 6

RO-060841 București

National Authoritiy for Consumers Protection

Blvd. Aviatorilor, nr. 72, sector 1

RO-011865 București

Slovenia

Ministrstvo za zdravje — Urad RS za kemikalije

(Ministry of Health — National Chemicals Bureau)

Mali trg 6

SLO-1000 Ljubljana

Tel. (386-1) 478-6051

Fax (386-1) 478-6266

E-mail: gp-ursk.mz@gov.si

Slovakia

Centrum pre chemické látky a prípravky

(Centre for Chemical Substances and Preparations)

Mierova 14

SK-827 15 Bratislava

Tel. (421) 2 59 369 608

Fax (421) 2 59 369 602

E-mail: detergent@ccsp.sk

Finland

Suomen ympäristökeskus (SYKE)/Kemikaaliyksikkö

(Finnish Environment Institute/Chemicals Unit)

PO Box 140

FI-00251 Helsinki

Tel. (358) 400 148 621

National Supervisory Authority for Welfare and Health

PO Box 210

FI-00531 Helsinki

Tel: (358) 9 772 920

Sweden

Kemikalieinspektionen (KEMI)

(Swedish Chemicals Agency)

PO Box 2

S-172 13 Sundbyberg

(Visiting address: Esplanaden 3 A)

Tel. (46-8) 519 411 00

Fax (46-8) 735 76 98

E-mail: kemi@kemi.se

United Kingdom

Pesticides Safety Directorate

Room 310/311, Mallard House

Kings Pool

3 Peasholme Green

York YO1 2PX

United Kingdom

Tel. (44-1904) 455 738/(44-1904) 455 708

Fax (44-1904) 455 733

E-mail: detergents@psd.defra.gsi.gov.uk

Department of Trade and Industry

14 Park Lane

Knebworth SG3 6PF

United Kingdom

Tel. (44-14) 38 81 21 07 or 52 32

Fax (44-14) 38 81 72 27

EFTA Members

Competent authority

Iceland

Hollustuvernd ríkisins

(Environmental and Food Agency of Iceland)

Armula 1a

IS-108 Reykjavík

Tel. (354) 585 10 00

Fax (354) 585 10 10

Norway

Statens forurensningstilsyn

(Norwegian Pollution Control Authority)

Strømsvelen 96

Postboks 8100 Dep.

N-0032 Oslo

Tel. (47-22) 57 34 00/57 36 44

Fax (47-22) 67 67 06

(1) OJ L 104, 8.4.2004, p. 1.

(2) http://ec.europa.eu/enterprise/chemicals/legislation/detergents/index_en.htm

18.2.2009

Official Journal of the European Union

C 39/32

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

(2009/C 39/10)

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 from the date of this publication.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘HAJDÚSÁGI TORMA’

EC No: HU-PDO-005-0391-21.10.2004

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:

Földművelésügyi és Vidékfejlesztési Minisztérium – Élelmiszerlánc-elemzési Főosztály

Address:

Kossuth Lajos tér 11.

H-1055 Budapest

Tel.

(36-1) 301 44 19

Fax

(36-1) 301 48 08

E-mail:

zobore@fvm.hu

2. Group:

Name:

Hajdúsági Torma Termékpálya Bizottság (Hajdúsági TOTEB)

(Horseradish Product Line Committee)

Address:

Diószegi út

H-4002 Debrecen

Tel.

(36-52) 412 919

Fax

(36-52) 442 545

E-mail:

parmen@parmen.hu

Composition:

Producers/processors ( X ) Other ( X )

3. Type of product:

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

4. Specification:

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

4.1. Name: ‘Hajdúsági torma’

4.2. Description: Plants authorized to bear the indication ‘Hajdúsági torma’‘protected designation of origin’ are the roots of the regional varieties of Armoracia rusticana (syn. A. lapathifolia), selected in the Hajdúság region through propagation by root cuttings. The product of the plant for human consumption is the root, or rhizome, which develops from the thickening of the preceding year's tap roots used for propagation; there is an approx. 180 day period between planting and harvesting. The horseradish varieties produced in the Hajdúság region have distinctive features such as: the thick, dark green, lush foliage twisting in its upper third section, the straight, cylindrical, light brown rhizome and the bone-white flesh. Its taste is never woody and its relatively low allyl isothiocyanate content causes its distinctive hotness, which — by analogy with mild-noble paprika — is also called ‘noble-hot’.

As a result of the standardised cultivation technique (ridge planting method) that has evolved in the Hajdúság production region, ‘Hajdúsági torma’ has a uniform market appearance.

There is a 3-4 cm growth on the root cutting, which is called the ‘head’; it has a cylindrical body of 1,5-5 cm in diameter and 20-35 cm in length. The ridge planting production method, which has developed over decades, differs from the mechanised, slanted method of planting applied in other regions of Europe, the ‘Hajdúsági torma’ can therefore be clearly distinguished by its appearance from horseradishes produced using other production techniques.

The horseradish produced in the Hajdúság region has a 30-32 % dry matter content. Dried grated horseradish has the following quantities of key minerals: (g/kg) P: 2,1; K: 25,3; S: 7,7; Ca: 5,9; Mg: 3,1. It also contains (expressed as a percentage by weight): 3,68 crude fibre, 0,34 crude fat, 2,2 crude ash, 1,08 sugar, 7,63 starch and 3,77 N. Its glucose-fructose-sucrose content is 11,8 % and its average mustard oil (allyl isothiocyanate) content is 14,4 g/kg. Its vitamin C content varies between wide extremes (26-150 mg/100 g) primarily depending on the climate conditions of the region and on whether the plant belongs to the northern or the southern sub-variety.

4.3. Geographical area: ‘Hajdúsági torma’ is produced in a clearly defined, unbroken region within Hajdú-Bihar county. This is the Hajdúság production region, with the following municipalities engaged in production: Debrecen (Debrecen-Haláp, Debrecen-Bánk), Létavértes, Újléta, Kokad, Álmosd, Bagamér, Vámospércs; Hosszúpályi, Monostorpályi, Nyírábrány, Nyíracsád, Nyírmártonfalva, Nyíradony.

4.4. Proof of origin: The Hajdúsági-TOTEB is in charge of coordinating the interests of producers and traders. By developing a circle of expert producers, this organisation can meet market demands for both quality and quantity of product and by effectively supervising the producers, it ensures the uniform appearance of the product.

Producers keep an up-to-date production log throughout the entire production cycle.

The following information must be recorded in the production log:

the name and identification data of the producer,

the place of production (land registry number, area, etc.),

the name of the crop previously grown,

the variety produced (if it is known),

the time of planting and harvest,

the dates of inspections,

membership of a trading house,

the marketed quantity, the transferee or the buyer.

The trading houses must keep an up-to-date record of the entry of the horseradish so that the provenance of the horseradish and the quantities placed on the market can be identified (from the name and identification number of the producer). This record must be made available to the persons responsible for control.

The horseradishes are marketed in packages specifying the identification of the trading house and the identification number of each item.

At the request of a producer or distributor, the Hajdúsági-TOTEB will carry out an audit of the entire production process of the producer; if requirements are met, the product may be endowed with the distinguishing marking of ‘Quality Controlled by the Hajdúsági Horseradish Product Line Committee’. This is based on the quality control system organised and carried out by the Hajdúsági-TOTEB, involving complex examinations (physical, chemical, microbiological) based on sampling, in cooperation with the county plant and soil protection service.

The Hajdúsági-TOTEB participates in monitoring compliance with regulations pertaining to the use of the geographical product designation and the legitimate use of the designation of origin.

4.5. Method of production: ‘Hajdúsági torma’ is rendered unique by the special ridge planting method. Soil that has been replenished with nutrients is turned to a depth of 50-60 cm, then, depending on the structure of the soil, 30-40 cm ridges are produced at 90-100 cm intervals using a rotary cultivator or a ridging plough. The ridges are compacted using special rollers.

The propagating materials are planted in the ridges thus prepared. The propagating materials (root cuttings) are straight pieces of healthy roots, 25-30 cm in length and 5-10 mm in diameter, free from branching, cut at both ends, selected from the tap roots of the preceding year's produce.

The cuttings are collected in the autumn or spring, they are carefully selected and cleaned, the sprouting end is marked, they are cut and then forced to grow in batches of 100-200.

Planting takes place between the last 10 days of March and the end of May. Planting is always carried out manually: using a specially shaped planting iron, the cuttings are placed vertically in the soil, 3-4 cm below the surface, with the sprouting end upwards. The area so planted is protected against weeds with chemicals.

In 3-4 weeks after planting — when growth appears — a shoot selection is performed. At this point the cuttings are uncovered (down to 4-5 cm) in the ridges. Of the 1-5 shoots that have started to grow from their upper ends, the one that is most vigorous is retained and the rest are removed together with any collar roots. This is how each plant will have a ‘single head’ and the part of the shoot in the earth will grow toward the cutting vertically, which is a characteristic of the region.

During the rest of the growing season the plantations are carefully cultivated and protected against pests and disease.

An adequate quality and quantity can only be attained through irrigation, the technique of which — from flooding to the most modern method of drip irrigation — is freely chosen by the farmers.

Harvesting starts in mid-October and is usually completed by the first frosts. In some cases the horseradish is not harvested in the autumn for whatever reason, but this is not a problem since the plant will survive the winter until harvest in the spring without suffering frost damage or a drop in quality.

The harvesting process: after defoliation, the tap roots are cut at a depth of 50-60 cm below the ridge top using a U-shaped adapter hooked up to a tractor. The roots so lifted are pulled out manually and left there to dry for a few days.

Thereafter a commercial product is prepared from the produce as required by the buyer. The soil is removed from the product along with other dirt, the leaves are removed and then the tap roots suitable for propagation are collected. Only graded horseradish containing less than 5 % soil contamination may be taken to the receiving location.

The ‘Hajdúsági torma’ is graded and accepted from suppliers according to the following quality criteria. It should be noted that the nutritional content qualities of the various categories are identical, the only difference is in the appearance of the product. Class I horseradish is used exclusively for consumption as a fresh vegetable, while the other classes provide raw materials primarily for industrial processing.

Class I: The surface of the body of the horseradish is smooth, it has a cylindrical shape, has no lateral roots and is intact and healthy, it is over 20 cm in length and 25 mm in diameter. It may not be withered, and must be free of damage caused by insects or cracks. The tap roots have been broken off. The leaf stem remnants must be cut off the head with minimum damage to the horseradish body. Class II: All parameters are the same as those for Class I products except for its middle diameter which is over 20 mm. Class III: This class includes rhizomes over 15 cm in length and 15 mm in diameter, on which there are visible cut surfaces owing to the removal of roots, or which are slightly damaged by cracks or insects. Class IV: Poorly developed rhizomes and thicker tap roots. They may not have rotten spots, they are 10 cm in length and at least 10 mm in diameter. Carved quality: a quantity of horseradish bodies of Classes I and II whose damaged spots caused by ‘fungi, rot, or insect bite’ have been carved off. The removed part cannot be more than 1/3 of the surface of the horseradish body. Size: rhizome length over 17 cm, largest diameter over 20 mm. Root quality: length and diameter are irrelevant, it is free from foreign matter, mould and rotten spots.

‘Hajdúsági torma’ is packaged as required by the buyer, in Raschel (mesh) sacks or perforated foil sacks. According to market demand, before the Christmas and the Easter holidays Class I horseradish is also sold individually shrink-wrapped.

4.6. Link: Historical link: The horseradish brought to the Carpathian basin by the ancient Magyar tribes and the native horseradish found here were hybrids of wild varieties. Records of its production go back to the 17th century; it may have arrived in the Hajdúság region in the early 19th century. Horseradish production started to grow particularly in the late 1800s and the early 1900s in this region. Prior to the turn of the century, in the Hajdúság region almost everybody's garden had some amount of horseradish as a perennial plant. After the turn of the century, in the early 1920s the vineyard manager of Bagamér in the Várad chapter, Gábor Szilágyi ordered some ‘tasty, noble’ horseradish from Austria, acclimatised it, and propagated it within years through careful selection. The villages of the region also picked up production, as a result of which the present horseradish-producing region evolved by the 1940s and '50s.

Natural factors: Horseradish prefers low-lying areas with humid atmosphere and produces very good yields on loose soils, rich in humus nutrients and with good drainage. Among all environmental factors the soil requirements of the plant are the most significant. In fact the looser the soil is, the more regular and straighter the developed root becomes. The loose structure, aeration and drainage of the sandy alluvial-meadow and marshy-meadow soils of the Hajdúság production region are excellent for the production of the ‘Hajdúsági torma’. When the tap root cutting continues to grow downward, having passed the foot of the ridge it is free to continue to grow in the loose soil without any obstacles, therefore its lengthwise growth does not stop, so the rhizome is always straight and will not be stumped or forked. The humus layer of the alluvial meadow soil is 100-110 cm deep, light in colour, the value of the humus is 1,5 % and the flowing subsoil water is at a depth of 120-140 cm from the surface. The planting of horseradish can be started earlier in these soils and the soil will not be airless, even in the case of wetter weather. The humus layer of the marshy meadow soil is 40-60 cm, dark in colour, with a humus value of between 1,5 and 2 %. The flowing subsoil water level is directly beneath the humus layer. These areas also provide good yields in drier years. This explains why, when irrigation used to be beyond the reach of farmers, the land still provided its produce — when the weather was rainy, on the alluvial-meadow soils, and when the growing season was dry, on the marshy-meadow soils. These circumstances contributed to the fact that horseradish production has been retained in the Hajdúság horseradish growing region for nearly one hundred years.

The slightly undulating plains with smaller forest areas create a so-called ‘walking shadow’ over the growing crop thus protecting it against strong sunshine and preventing excessive mustard oil formation. As a result the ‘Hajdúsági torma’ always has a hot taste without being excessively hot.

Human factors: Ridge planting is a unique method typical of the area surrounding Debrecen. Placing cuttings vertically in ridges ensures that rhizomes will be straight. This technology developed as a result of nearly one hundred years of ‘reflection’. Faced with local conditions, farmers have always put their efforts into exploring methods of reducing and substituting manual work related to horseradish production — work which is known to be extensive — by means of horses or machines. According to the pioneers of horseradish production, soil was turned to a depth of 80-100 cm, which could not have been easy to do in the first decades of the century. Ploughs used to make ridges and to pull out the horseradish were not available on the market: they were custom-made by local smiths. The development and improvement of the production technology that has enabled the ‘Hajdúsági torma’ to become so unique has been passed on and fine-tuned from generation to generation. Local varieties have developed as a result of continuous and conscious selection through propagation by cuttings which — among the existing climatic and soil conditions — provide good yields with the best possible nutritional content qualities.

4.7. Inspection body: Mezőgazdasági Szakigazgatási Hivatal (Agricultural Office), as designated inspection body for fruits and vegetables

4.8. Labelling:

—	‘Hajdúsági torma’,

—	‘Protected designation of origin’ or its abbreviation (PDO),

—	name of trading house,

—	identification number of item, and in the case of examination carried out by the Hajdúsági-TOTEB,

—	‘Hajdúsági Torma Termékpálya Bizottság által ellenőrzött minőség’ (‘Quality controlled by the Hajdúsági Horseradish Product Line Committee’).

In the case of the Raschel sacks, Class I, II, III and IV products are packaged in green, red, yellow and green sacks, respectively. The product of carved quality is placed in yellow sacks while the root quality product is placed in sacks of any colour.

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

		ISSN 1725-2423
Official Journal of the European Union		C 39

English edition	Information and Notices	Volume 52 18 February 2009

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2009/C 039/01	Non-opposition to a notified concentration (Case COMP/M.5436 — Citi Infrastructure Partners LP/Itinere Infraestructuras SA) ( 1 )	1

2009/C 039/02	Non-opposition to a notified concentration (Case COMP/M.5418 — Blackfriars/Vink Holding) ( 1 )	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2009/C 039/04	Euro exchange rates	15

	NOTICES FROM MEMBER STATES
2009/C 039/05	Updated list of approved laboratories that according to Article 8(2) of Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents are competent to carry out the tests required by the Regulation	16

2009/C 039/06	Updated list of the national competent authorities as provided for in Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents	23

2009/C 039/07	Types of gas and the corresponding supply pressures according to Article 2(2) of Council Directive 90/396/EEC	29

2009/C 039/08	Extract from the Decision concerning Kaupthing Bank Luxembourg S.A. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions	30

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Personnel Selection Office (EPSO)
2009/C 039/09	Notice of open competition EPSO/AD/158/09	31

	OTHER ACTS
	Commission
2009/C 039/10	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	32

	Currency	Exchange rate
USD	US dollar	1,2634
JPY	Japanese yen	116,20
DKK	Danish krone	7,4520
GBP	Pound sterling	0,88510
SEK	Swedish krona	10,9780
CHF	Swiss franc	1,4813
ISK	Iceland króna
NOK	Norwegian krone	8,7940
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	29,490
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	307,15
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7076
PLN	Polish zloty	4,8795
RON	Romanian leu	4,3050
TRY	Turkish lira	2,1209
AUD	Australian dollar	1,9750
CAD	Canadian dollar	1,5959
HKD	Hong Kong dollar	9,7966
NZD	New Zealand dollar	2,4790
SGD	Singapore dollar	1,9275
KRW	South Korean won	1 850,88
ZAR	South African rand	12,8734
CNY	Chinese yuan renminbi	8,6410
HRK	Croatian kuna	7,4736
IDR	Indonesian rupiah	15 539,82
MYR	Malaysian ringgit	4,5994
PHP	Philippine peso	60,450
RUB	Russian rouble	45,7558
THB	Thai baht	44,554
BRL	Brazilian real	2,9121
MXN	Mexican peso	18,4469
INR	Indian rupee	62,4560

	III Preparatory Acts
	COUNCIL
2009/C 039/03	Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework Decision 2009/…/JHA on prevention and settlement of conflicts of jurisdiction in criminal proceedings	2

Country	Gas family	Wobbe index (gross) in		Supply pressure in mbar
Country	Gas family	MJ/m3 or kWh/m3 (0 °C)	MJ/m3 or kWh/m3 (15 °C)	min.	nom.	max.
CYPRUS	THIRD		80,2-85,9 MJ/m3	20	28-30	35
ROMANIA	SECOND
	Group A (L)	37,8-46,8 MJ/m3	35,9-44,4 MJ/m3	15	20	25
	Group A (H)	46,1-56,6 MJ/m3	43,7-53,7 MJ/m3	15	20	25
	THIRD
	Group P	Min. 64,9 MJ/m3		20	29	35
	Group B/P	Min. 70,7 MJ/m3		20	29	35


	(1) Text with EEA relevance