18.2.2010

Official Journal of the European Union

C 41/6

Notice of initiation of an anti-dumping proceeding concerning imports of coated fine paper originating in the People's Republic of China

2010/C 41/06

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

1. Complaint

The complaint was lodged on 4 January 2010 by CEPIFINE, the European association of fine paper manufacturers, (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 % of the total Union production of coated fine paper.

2. Product under investigation

The product subject to this investigation (hereinafter referred to as ‘the product under investigation’) is coated fine paper, which is paper or paperboard coated on one or both sides (excluding kraft paper or kraft paperboard), in either sheets or rolls, and with a weight of 70 g/m2 or more but not exceeding 400 g/m2 and brightness of more than 84 (measured according to ISO 2470-1).

The product under investigation does not include rolls suitable for use in web-fed presses. Rolls suitable for use in web-fed presses are defined as those rolls which, if tested according to the ISO test standard ISO 3783:2006 concerning the determination of resistance to picking — accelerated speed method using the IGT tester (electric model), give a result of less than 30 N/m when measuring in the cross-direction of the paper (CD) and a result of less than 50 N/m when measuring in the machine direction (MD).

3. Allegation of dumping (2)

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within CN codes ex 4810 13 20, ex 4810 13 80, ex 4810 14 20, ex 4810 14 80, ex 4810 19 10, ex 4810 19 90, ex 4810 22 10, ex 4810 22 90, ex 4810 29 30, ex 4810 29 80, ex 4810 92 10, ex 4810 92 30, ex 4810 92 90, ex 4810 99 10, ex 4810 99 30 and ex 4810 99 90. These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the country concerned is considered to be a non-market economy country, the complainant established normal value for the imports from the country concerned on the basis of the price in a market economy third country, namely the United States of America. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for the exporting country concerned.

4. Allegation of injury

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

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

5. Procedure

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

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether this dumping has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether it is in the Union interest to impose measures.

5.1. Procedure for the determination of dumping

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

5.1.1. Investigating exporting producers

(a) Sampling

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

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

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

—	the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’) 1 January 2009 to 31 December 2009 for each of the 27 Member States (4) separately and in total,

—	the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the IP (1 January 2009 to 31 December 2009),

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

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

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

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

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

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

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

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

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

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

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

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and other claim forms in accordance with section (a) above and return them duly completed within the deadlines specified below. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified. It must be underlined that, in order for the Commission to be able to establish individual dumping margins for those exporting producers in the non-market economy country, it must be proven that they fulfil the criteria for being granted market economy treatment (‘MET’) or at least individual treatment (‘IT’) as specified in section 5.1.2.2 below.

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

5.1.2. Procedure with regard to exporting producers in the non-market economy country concerned

5.1.2.1. Selection of a Market Economy Country

Subject to the provisions of section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned, normal value shall be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission shall select an appropriate market economy third country. The Commission has provisionally chosen the United States of America. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.1.2.2. Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated claim to this effect (‘MET claim’). Market economy treatment (‘MET’) will be granted if the assessment of the MET claim shows that criteria laid down in Article 2(7)(c) of the basic Regulation (6) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

Individual exporting producers in the country concerned may also, or as an alternative, claim individual treatment (‘IT’). To be granted IT these exporting producers must provide evidence that they fulfil the criteria set out in Article 9(5) of the basic Regulation. (7) The dumping margin of the exporting producers granted IT will be calculated on the basis of their own export prices. The normal value for exporting producers granted IT will be based on the values established for the market economy third country selected as outlined above.

(a) Market economy treatment (MET)

The Commission will send MET claim forms to all the exporting producers in the country concerned selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, as well as to the authorities of the country concerned.

All exporting producers claiming MET should submit a completed MET claim form within 15 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

(b) Individual treatment (IT)

To apply for IT, exporting producers in the country concerned selected to be in the sample and non-sampled cooperating exporting producers that wish to apply for an individual dumping margin should submit the MET claim form with the sections relevant for IT duly completed within 15 days of the date of the notification of sample selection, unless otherwise specified.

5.1.3. Investigating unrelated importers (8) (9)

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

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

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

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

—	the volume in tonnes and value in EUR of imports into and resales made on the Union market during the IP (1 January 2009 to 31 December 2009) of the imported product under investigation originating in the country concerned,

—	the names and the precise activities of all related companies (10) involved in the production and/or sales of the product under investigation,

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

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

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

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

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

5.2. Procedure for the determination of injury

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

5.2.1. Investigating Union producers

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

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

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

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

—	the value in EUR of sales of the product under investigation made on the Union market during the IP (1 January 2009 to 31 December 2009),

—	the volume in tonnes of sales of the product under investigation made on the Union market during the IP (1 January 2009 to 31 December 2009),

—	the volume in tonnes of the production of the product under investigation during the IP (1 January 2009 to 31 December 2009),

—	the volume in tonnes imported into the Union of the product under investigation produced in the country concerned during the IP (1 January 2009 to 31 December 2009), if applicable,

—	the names and the precise activities of all related companies (11) involved in the production and/or sales of the product under investigation (whether produced in the Union or in the country concerned),

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

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

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

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

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

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

5.3. Procedure for the assessment of Union interest

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

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

5.4. Other written submissions

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

5.5. Possibility to be heard by the Commission investigation services

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

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

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

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (12).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

6. Non-cooperation

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

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

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

7. Hearing Officer

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

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

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

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

8. Schedule of the investigation

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

9. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (13).

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

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

(3) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned. Non-producing exporters are normally not entitled to an individual duty rate.

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

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

(6) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(7) The exporting producers have to demonstrate in particular that: (i) in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits; (ii) export prices and quantities and conditions and terms of sale are freely determined; (iii) the majority of the shares belong to private persons. State officials appearing on the Board of Directors or holding key management positions shall either be in a minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference; (iv) exchange rate conversions are carried out at the market rate and (v) State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

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

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

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

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

(12) This document is a confidential document pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

18.2.2010

Official Journal of the European Union

C 41/13

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

2010/C 41/07

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

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘HESSISCHER APFELWEIN’

EC No: DE-PGI-0005-0620-16.07.2007

PGI ( X ) PDO ( )

1. Name:

‘Hessischer Apfelwein’

2. Member State or third country:

Germany

3. Description of the agricultural product or foodstuff:

3.1. Type of product:

Class 1.8 —

Other products of Annex I to the Treaty (spices etc.)

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

‘Hessischer Apfelwein’ (Hessen cider) is a fermented apple juice product. It has a fruit content of 100 % and is fermented, clarified and bottled exclusively in Hessen.

‘Hessischer Apfelwein’ is golden yellow in colour. Traditionally, it is made from apples from meadow orchards, which are characterised by a high level of acidity (at least 6 g/l), which is also typical of old apple varieties. For ‘Hessischer Apfelwein’, only apples which meet these requirements may be used. The accompanying dryness is also the result of full fermentation, which clearly distinguishes ‘Hessischer Apfelwein’ from the ciders of other regions. Its fizz is caused by carbon dioxide, which is produced during fermentation.

The product has a minimum alcohol content of 5 % by volume and a sugar-free extract of at least 18 g/l. It contains at least 4 g/l of non-volatile acids and no more than 0,8 g/l of volatile acids. It is not permitted to add water or sugar in the production of ‘Hessischer Apfelwein’.

3.3. Raw materials (for processed products only):

‘Hessischer Apfelwein’ is made from apples (97 %), mainly from Hessen's meadow orchards.

Traditionally, ‘Hessischer Apfelwein’ is made exclusively from apples. Sorb-apple juice is occasionally added and clears the cider. Well over 95 % of the cider produced in Hessen is made purely from apples.

Fruit growing in meadow orchards is significantly affected by alternate bearing. The trees produce a heavy crop one year and very little the next. The cider-press houses aim to produce cider almost exclusively from apples grown in Hessen. Where it is necessary to buy in apples from other regions, a minimum acidity of 6 g/l is the yardstick against which their quality is judged.

Meadow orchards are also characterised by the wide range of apple varieties. In total, more than 2 000 different apple varieties are grown in Hessen. This range of varieties is a distinctive characteristic of ‘Hessischer Apfelwein’. It is made from various apple varieties in varying proportions.

The varieties used for ‘Hessischer Apfelwein’ include:

Alkmene, Elstar, Holzapfel, Pilot, Ananasrenette, Glockenapfel, Idared, Rheinischer Bohnapfel, Berlepsch, Goldparmäne, Jacob Lebel, Schafsnase, Berner Rosenapfel, Gelber Edelapfel, James Grieve, Topaz, Bittenfelder, Gehrer Rambour, Jonagold, Weinapfel, Blenheimer, Gewürzluike, Kaiser Wilhelm, Winterrambour, Brettacher, Golden Delicious, Landsberger Renette, Zabergäu-Renette, Boskoop, Gravensteiner, Geheimrat Oldenburg, Cox Orange, Hauxapfel, Ontario.

These varieties are well suited to the weather and soil conditions in Hessen and are traditionally used to make cider.

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

—

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

Fermentation and clarification of the apple juice take place exclusively in Hessen.

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

Oxidation, which occurs during transportation or interim storage, adversely affects the characteristics of the cider. ‘Hessischer Apfelwein’ should therefore be bottled straight from the fermenter.

3.7. Specific rules concerning labelling:

—

4. Concise definition of the geographical area:

The federal state of Hessen.

5. Link with the geographical area:

5.1. Specificity of the geographical area:

The raw material for ‘Hessischer Apfelwein’ is cider apples, which are chiefly grown in Hessen’s typical meadow orchards.

Meadow orchards have long been a ubiquitous part of Hessen’s agricultural landscape. In many places they continue to be a characteristic landscape feature. Through cultivation of the meadow orchards, there are still many hundred traditional apple varieties, which have become quite hardy and well adapted to the climate and soil of their particular region. They are a valuable part of Hessen's agricultural heritage, meriting conservation and further development. Hessen’s cider-press houses have ensured that meadow orchards continue to be used and are a factor in the economy up to the present day.

Apples for pressing may not be used as dessert fruit. Appearance is of secondary importance. The apples must not have blemishes but small depressions are without significance. Apples for pressing can therefore be shaken from the tree and then picked up from the ground. Dessert fruit, however, is picked by hand.

5.2. Specificity of the product:

‘Hessischer Apfelwein’ is a Hessian speciality with a long tradition, famed far beyond the federal state's borders and highly regarded, especially in the region. It is the wide range of varieties that gives it its characteristic flavour. In the federal state of Hessen, Apfelwein has established itself as a cultural icon, a ‘national drink’. In the Rhine-Main region and the neighbouring hilly areas, it has been firmly embraced as the people's drink. The people of Hessen closely identify themselves with their cider.

Unlike in other regions of Germany and other countries, complete fermentation of the apple juice to produce a dry cider is a speciality of Hessen.

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):

With the centuries-old tradition of its production in Hessen — bolstered by the home-grown nature of its raw material — its firm place in the culture of Hessen and its characteristic flavour due to the many varieties of cider apples used and the production method of full fermentation traditionally practised in the region of origin, ‘Hessischer Apfelwein’ has become a well-known and much-appreciated regional speciality.

There is also historical evidence of the close links between Hessen and ‘Hessischer Apfelwein’. From the Capitula de Villis promulgated by Charlemagne in the year 800 it can be seen that even in those days there must have been experts in cider making. In the following centuries, cider lost in importance relative to wine, and it was not until the 16th century that the success story of ‘Hessischer Apfelwein’ began, with its origins in Frankfurt. Wine growing, which by then had spread throughout the area, fell victim to vine diseases, which meant that alternative varieties of fruit had to be used, especially robust apples. At first, these were pressed more for home consumption, cider already having been the drink of choice of gardeners for some considerable time. In 1779, with the opening of the ‘Zur goldenen Krone’ (‘The Golden Crown’) inn at Hochstadt (in today's Main-Kinzig district), the oldest remaining cider-press house in Hessen was established.

Even though the origins of the history of ‘Hessischer Apfelwein’ can primarily be traced to the city of Frankfurt, it is still quite evident from other sources that great importance is also attached to this beverage outside the Frankfurt catchment area.

‘Hessischer Apfelwein’ reached a cultural high point more recently in the 1960s and 1970s particularly with the television series ‘Zum Blauen Bock’ (‘The Blue Buck’) on Hessischer Rundfunk.

‘Hessischer Apfelwein’ does, of course, have to be served in the proper way. Just like the cider, the ‘Bembel’, the traditional pitcher, and the ‘Gerippte’, the traditional diamond-pattern cider glass, are immediately associated with Hessen.

The importance of cider in Hessen, especially compared with the rest of Germany, can be seen from the consumption figures. For example, according to the statistics of the Hessian Cider and Fruit Juice Pressers’ Association (Verband der Hessischen Apfelwein- und Fruchtsaft-Keltereien) and the Association of the German Fruit Wine and Sparkling Fruit Wine Industry (Verband der deutschen Fruchtwein- und Fruchtschaumwein-Industrie) (Bonn), consumption in Hessen, about 10 litres per head of the population, is some 10 times higher than that for Germany as a whole, which is about 1 litre per head.

The population’s close attachment to and identification with the cider is promoted by the recurring activities of the cider-press houses. There are a number of firmly established events centring on ‘Apfelwein’ cider. In the early 1990s, the ‘Süsser-Feste’ developed as a permanent part of the public relations activities of Hessen's press houses. These signal to the local population that pressing has begun in that particular area, with regular pressing displays and visits, and explain to visitors the process and technology of cider making. This has helped to forge and maintain a connection between the population and ‘Apfelwein’ cider. The ‘Hessen Cider and Meadow Orchard Route’ (‘Hessische Apfelwein- und Obstwiesenroute’), which was inaugurated by the Association and the federal state of Hessen in 1995 and now includes six regional circuits, is an agricultural tourist attraction that is helping to preserve and promote the culture and tradition of ‘Hessischer Apfelwein’ in the typical meadow-orchard and cider-pressing areas of Hessen. The Association’s revival of the traditional broaching of the cider barrel (‘Apfelwein-Anstich’) as an annual public event held in January each year in the presence of the Prime Minister of Hessen and attracting the interest of the population and the media alike is further evidence of the deep roots the traditional drink of cider has put down in Hessen.

A market research study of consumers in Hessen has confirmed that they consider Apfelwein cider to be a very traditional drink — especially in association with the ‘Bembel’ and the ‘Gerippte’ — and identify it with Hessen.

Reference to publication of the specification:

Internet: http://publikationen.dpma.de/DPMApublikationen/fnd_tm_gd.do

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

		ISSN 1725-2423 doi:10.3000/17252423.C_2010.041.eng
Official Journal of the European Union		C 41

English edition	Information and Notices	Volume 53 18 February 2010

Notice No	Contents	page
	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2010/C 041/01	Euro exchange rates	1

	NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
	EFTA Surveillance Authority
2010/C 041/02	Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)	2

2010/C 041/03	Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)	3

2010/C 041/04	Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)	4

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Commission
2010/C 041/05	Call for proposals under the annual work programme for grants in the field of the Trans-European Energy Network (TEN-E) for 2010 (Commission Decision C(2010) 48)	5

	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2010/C 041/06	Notice of initiation of an anti-dumping proceeding concerning imports of coated fine paper originating in the People's Republic of China	6

	OTHER ACTS
	European Commission
2010/C 041/07	Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs	13

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General objectives	Objectives	Maximum aid intensity in % or maximum aid amount in national currency	SME-bonuses in %
Regional investment and employment aid (Article 13)	Scheme	50 %	20/10 %

General objectives	Objectives 1.Experimental development2.General training	Maximum aid intensity in % or maximum aid amount in national currency	SME-bonuses in %
	Experimental development (Article 31(2)(c))	25 %	10 %
	General training (Article 38(2))	60 %