12.5.2010

Official Journal of the European Union

C 123/2

Euro exchange rates (1)

11 May 2010

2010/C 123/02

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2698
JPY	Japanese yen	117,38
DKK	Danish krone	7,4425
GBP	Pound sterling	0,85960
SEK	Swedish krona	9,6563
CHF	Swiss franc	1,4095
ISK	Iceland króna
NOK	Norwegian krone	7,8410
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,590
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	276,10
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7076
PLN	Polish zloty	4,0499
RON	Romanian leu	4,1798
TRY	Turkish lira	1,9521
AUD	Australian dollar	1,4200
CAD	Canadian dollar	1,3031
HKD	Hong Kong dollar	9,8808
NZD	New Zealand dollar	1,7725
SGD	Singapore dollar	1,7607
KRW	South Korean won	1 443,55
ZAR	South African rand	9,6145
CNY	Chinese yuan renminbi	8,6715
HRK	Croatian kuna	7,2618
IDR	Indonesian rupiah	11 548,38
MYR	Malaysian ringgit	4,0792
PHP	Philippine peso	57,150
RUB	Russian rouble	38,3840
THB	Thai baht	41,072
BRL	Brazilian real	2,2687
MXN	Mexican peso	15,9449
INR	Indian rupee	57,4970

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

12.5.2010

Official Journal of the European Union

C 123/3

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2010/C 123/03

Aid No: XA 298/09

Member State: Slovak Republic

Region: All regions of the Slovak Republic, i.e. Bratislavský kraj, Západné Slovensko, Stredné Slovensko and Východné Slovensko

Title of aid scheme or name of company receiving an individual aid: Schéma štátnej pomoci na zabezpečenie účasti chovateľov a pestovateľov na výstavách v znení Dodatku č. 1

Legal basis:

—	Článok 2 nariadenia vlády SR č. 264/2009 Z. z. o podporných opatreniach v pôdohospodárstve v znení neskorších predpisov (ďalej len „nariadenie vlády SR č. 264/2009 Z. z.“),

—	zákon č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov (ďalej len „zákon o štátnej pomoci“),

—

Article 15(2)(d) and Article 18 of Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (hereinafter the ‘Commission Regulation’),

—	Annex I to Commission Regulation (EC) No 800/2008 of 6 August 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) (hereinafter ‘Commission Regulation (EC) No 800/2008’),

—	Annex I to the Treaty establishing the European Community,

—	Zákon č. 513/1991 Zb. v znení neskorších predpisov (Obchodný zákonník),

—	Článok 2 ods. 4 zákona č. 194/1998 Z. z. o šľachtení a plemenitbe hospodárskych zvierat a o zmene a doplnení zákona č. 455/1991 Zb. o živnostenskom podnikaní (živnostenský zákon) v znení neskorších predpisov (ďalej len „zákon č. 194/1998“),

—	Článok 6 zákona č. 83/1990 Zb. o združovaní občanov v znení neskorších predpisov (ďalej len „zákon č. 83/1990“).

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The overall planned budget for granting aid for 2010 is EUR 663 878 (SKK 20 000 000).

The overall planned budget for granting aid over the period 2009-2013 is EUR 3 319 391 (SKK 100 000 000).

Maximum aid intensity: Aid may be granted for up to 100 % of the eligible costs of participation in a fair, up to the amount of the grant awarded to the legal person per livestock or arable farmer.

Date of implementation: February 2010

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: The purpose of granting aid is to help livestock and arable farmers take part in livestock and arable crop fairs approved by the Ministry of Agriculture of the Slovak Republic in the calendar year in question.

Sector(s) concerned: Primary production of agricultural products listed in Annex I to the EC Treaty.

Section A — Agriculture, forestry and fishing

Division 01 — Crop and animal production, hunting and related service activities

Name and address of the granting authority: Aid granted by:

Ministerstvo pôdohospodárstva SR (hereinafter ‘the ministry’)

Dobrovičova 12

812 66 Bratislava

SLOVENSKO/SLOVAKIA

Tel. +421 259266111

Website: http://www.land.gov.sk/sk/index.php?navID=161&id=592

Scheme implemented by:

Pôdohospodárska platobná agentúra (hereinafter ‘the paying agency’)

Dobrovičova 12

815 26 Bratislava

SLOVENSKO/SLOVAKIA

Tel. +421 259266111

Website: http://www.apa.sk/index.php?navID=27

Website: —

Other information: The legal basis for an existing State aid scheme to ensure participation by livestock and arable farmers in fairs (XA 125/08) has been modified: in 2010 State aid is to be granted pursuant to Government Regulation No 264/2009 on agricultural support measures (Nariadenia vlády SR č. 264/2009 Z. z. o podporných opatreniach v pôdohospodárstve), as amended.

Under the original scheme, registered under number XA 125/08, State aid was granted only until the end of 2009. The new scheme replaces the original scheme and provides for aid to be granted after 1 January 2010.

Payments made under the new scheme will meet the conditions specified in Article 15(2)(d) of Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001.

Agreed: Alexander ČARNÝ

riaditeľ odboru štátnej pomoci a národných podpôr

Ministerstvo pôdohospodárstva SR

Aid No: XA 300/09

Member State: France

Region: Département du Loiret

Title of aid scheme or name of company receiving an individual aid: Aides au conseil pour les cultures spécialisées dans le Loiret (assistance technique)

Legal basis:

—	Articles 1511-1 et suivants du code général des collectivités territoriales,

—	Délibération du Conseil général du Loiret en date du 11 juin 2008.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 30 000

Maximum aid intensity: 80 % maximum of expenditure

Date of implementation: From the date of publication of the registration number of the exemption request on the website of the Commission’s Directorate-General for Agriculture and Rural Development.

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: The aim is to fund technical assistance services. The objective of this scheme is to encourage producers of specialised crops to call upon advisory services to help them develop new areas of competence, with the aim of developing the competitiveness, attractiveness and added value of enterprises operating in this sector. The Department will contribute to funding business audits, techno-economic studies carried out by external contractors and also commercial strategy studies to enable producers to evolve and adapt to markets that are constantly evolving.

Eligible expenditure will be capped at EUR 20 000.

In accordance with Article 15(3) of Regulation (EC) No 1857/2006, the aid shall be granted in kind by means of subsidised services. The aid shall not involve direct payments of money to producers and, in accordance with point 4 of the Regulation, will be accessible to all producers whether or not they are members of producer organisations or other structures.

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in EU legislation (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (OJ L 214, 9.8.2008)),

farms that are enterprises active in the primary production of agricultural products,

farms that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for the rescue and restructuring of companies in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: This scheme is intended for producers of specialised crops.

Name and address of the granting authority:

Conseil général du Loiret

15 rue Eugène Vignat

45000 Orléans

FRANCE

Website: http://www.loiret.com/cgloiret/index.php?page=display&class=guide_des_aides&object=dae_evld_a29&method=display_full&objectTheme=rubrique_guide_des_aides3f78582d8377f

Other information: —

Aid No: XA 301/09

Member State: France

Region: Département du Loiret

Title of aid scheme or name of company receiving an individual aid: Aides à la maîtrise de la dépense énergétique en production sous serre dans le Loiret (assistance technique)

Legal basis:

—	Articles 1511-1 et suivants du code général des collectivités territoriales,

—	Délibération du Conseil général du Loiret en date du 11 juin 2008.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 7 200

Maximum aid intensity: Total aid, including any aid from other sources, may not exceed 80 % of expenditure.

Date of implementation: From the date on which the identification number of the exemption request is published on the website of the Commission’s Directorate-General for Agriculture and Rural Development.

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: To fund technical assistance aimed at reducing the energy costs of glasshouse productions. This aid is intended to pay for technical and economic studies, thermal diagnostics and feasibility studies on the use of renewable energy sources.

In accordance with Article 15(3) of Regulation (EC) No 1857/2006, the aid will be granted in kind in the form of subsidised services and will not involve any direct payments of money to producers. In accordance with Article 15(4), technical assistance will be available to all producers, whether or not they are members of producer groups or other organisations.

Aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in EU legislation (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (OJ L 214, 9.8.2008)),

farms that are enterprises active in the primary production of agricultural products,

farms that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for the rescue and restructuring of companies in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: Glasshouse agriculture

Name and address of the granting authority:

Conseil général du Loiret

15 rue Eugène Vignat

45000 Orléans

FRANCE

Website: http://www.loiret.com/cgloiret/index.php?page=display&class=guide_des_aides&object=dae_evld_a24&method=display_full&objectTheme=rubrique_guide_des_aides3f78582d8377f

Other information: —

Aid No: XA 303/09

Member State: France

Region: Département du Loiret

Title of aid scheme or name of company receiving an individual aid: Aides à l’optimisation des conditions de travail en élevage dans le Loiret (assistance technique)

Legal basis:

—	Articles 1511-1 et suivants du code général des collectivités territoriales,

—	Délibération du Conseil général du Loiret en date du 11 juin 2008.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 39 500

Maximum aid intensity: 80 %

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: This technical assistance scheme comes under the scope of Article 15(2) of the Agricultural Exemption Regulation. It provides advice intended to improve livestock farmers’ quality of life. The aid provided is intended to pay for one day of evaluation and two days of on-the-spot coaching per farm, so as to identify the farm's problems and suggest solutions in areas as diverse as how work is organised, human resources, sanitary aspects, whether the optimal equipment is being used, etc.

The objective is to prompt aid beneficiaries to ask themselves the right questions regarding their daily working practices and safeguard farmers’ wellbeing by resolving any malfunctions, so as to improve working conditions in the livestock sector. Eligible expenditure will be capped at EUR 2 000.

In accordance with Article 15(3) of Regulation (EC) No 1857/2006, the aid shall be granted in kind by means of subsidised services. Aid will be accessible to all producers whether or not they are members of producer organisations or other structures, in accordance with point 4 of the Regulation.

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in EU legislation (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (OJ L 214, 9.8.2008)),

farms that are enterprises active in the primary production of agricultural products,

farms that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for the rescue and restructuring of companies in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: Livestock sector

Name and address of the granting authority:

Conseil général du Loiret

15 rue Eugène Vignat

45000 Orléans

FRANCE

Website: http://www.loiret.com/cgloiret/index.php?page=display&class=guide_des_aides&object=dae_evld_a10&method=display_full&objectTheme=rubrique_guide_des_aides3f78582d8377f

Other information: —

Aid No: XA 304/09

Member State: France

Region: Département du Loiret

Title of aid scheme or name of company receiving an individual aid: Aides à la production d’énergie renouvelable dans le Loiret (assistance technique)

Legal basis:

—	Article 1511-1 et suivants du code général des collectivités territoriales,

—	Délibération du Conseil général du Loiret en date du 11 juin 2008.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 20 000

Maximum aid intensity: 40 %

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: This aid scheme is intended to fund technical assistance to promote the establishment of the first renewable energy producer units so as to test and popularise the procedures. Funding will be provided for diagnostics and technico-economic, interest and feasibility studies for enterprises wishing to use renewable energy sources. Studies dealing directly with a single renewable energy source are eligible, as are comparative studies aimed at identifying the most appropriate source given the specific enterprise's internal and external criteria. The projects targeted under this scheme concern adopting methanisation, photovoltaic panels, wind energy and geothermal energy.

Eligible expenditure will be capped at EUR 50 000.

In accordance with Article 15(3) of Regulation (EC) No 1857/2006, the aid shall be granted in kind by means of subsidised services and must not involve direct payments of money to producers. Aid will be accessible to all producers whether or not they are members of producer organisations or other structures, in accordance with point 4 of the Regulation.

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in EU legislation (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (OJ L 214, 9.8.2008)),

farms that are enterprises active in the primary production of agricultural products,

farms that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for the rescue and restructuring of companies in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: This scheme covers all farms.

Name and address of the granting authority:

Conseil général du Loiret

15 rue Eugène Vignat

45000 Orléans

FRANCE

Website: http://www.loiret.com/cgloiret/index.php?page=display&class=guide_des_aides&object=dae_evld_a26&method=display_full&objectTheme=rubrique_guide_des_aides3f78582d8377f

Other information: —

12.5.2010

Official Journal of the European Union

C 123/11

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain broad-spectrum antibiotics originating in India

2010/C 123/06

Following the publication of a notice of impending expiry (1) of the anti-subsidy measures in force on imports of certain broad-spectrum antibiotics originating in India, (country concerned), the Commission has received a request for review pursuant to Article 18 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (the basic Regulation).

1. Request for review

The request was lodged on 12 February 2010. The applicants are two Union producers: DSM, and Sandoz, representing a major proportion, in this case more than 50 %, of the total Union production of certain broad-spectrum antibiotics.

2. Product

The product under review is amoxicillin trihydrate, ampicillin trihydrate and cefalexin not put up in measured doses or in forms or packings for retail sale, currently falling within CN codes ex 2941 10 00 and ex 2941 90 00 originating in India (the product concerned).

3. Existing measures

The measures currently in force are definitive countervailing duties imposed by Council Regulation (EC) No 713/2005 (3) on imports of certain broad-spectrum antibiotics originating in India, as last amended by Council Regulation (EC) No 1176/2008 (4).

4. Grounds for the review

The applicants have provided evidence that the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation and injury to the Union industry.

It is alleged that the exporters/producers of the product concerned have benefited and will continue to benefit from a number of subsidies granted by the government of India. These alleged subsidies consist of the Advance Authorisation Scheme; the Duty Entitlement Passbook Scheme; the Export Promotion Capital Goods Scheme; the Focus Market Scheme; the Export Credit Scheme; Income Tax Incentive for Research and Development; benefits to industries located in Special Economic Zones/Export Oriented Units; the Punjab Industrial Incentive Scheme and the Gujarat Industrial Incentive Scheme.

The total subsidy estimated is significant.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the government of India or other regional governments and confer a benefit to the recipients, i.e. to exporters/producers of certain broad-spectrum antibiotics. They are alleged to be contingent upon export performance and/or limited to specific sectors and/or regions, and are therefore specific and countervailable.

In addition, it is alleged that the current improved situation with regard to injury is mainly due to the existence of measures and that any recurrence of substantial imports at subsidised prices from the country concerned would likely lead to a recurrence of further injury to the Union industry should measures be allowed to lapse. In this respect, the applicants allege that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the export potential of the exporting producers.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 of the basic Regulation.

5.1. Procedure for the determination of likelihood of subsidisation and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of subsidisation and injury.

(a) Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 27 of the basic Regulation.

(i) Sampling for exporters/producers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

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

—	the turnover in local currency and the volume in kg of the product concerned sold for export to the Union and exports to other countries (separately) during the period 1 April 2009 to 31 March 2010,

—	the turnover in local currency and the sales volume in kg for the product concerned on the domestic market during the period 1 April 2009 to 31 March 2010,

—	the precise activities of the company with regard to the production of the product concerned and the volume in kg of the product concerned, the production capacity and the investments in production capacity during the period 1 April 2009 to 31 March 2010,

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

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

—	an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response,

—	an indication on whether the company is recognised as an export oriented unit,

—	an indication on whether the company is located in an export processing zone.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii) Final selection of the sample

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 27(4) and 28 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Union industry and to any known association of producers in the Union, to the sampled exporters/producers in India, to any known association of exporters/producers in India, to the known importers, to any known association of importers, and to the authorities of the exporting country concerned.

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

5.2. Procedure for the assessment of Union interest

In accordance with Article 31 of the basic Regulation and in the event that the continuation or recurrence of subsidisation and injury is confirmed, a determination will be made as to whether maintaining the anti-subsidy measures would not be against the Union interest. For this reason the Commission may send questionnaires to the known Union industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 31 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

(ii) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in point 6(b)(iii).

(iii) Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i)

The information specified in points 5.1(a)(i) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii)	All other information relevant for the selection of the sample as referred to in 5.1(a)(ii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (6) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 28 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 28 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 22(1) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10. Possibility to request a review under Article 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 22(3) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 19 of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

11. Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the of Council of 18 December 2000 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 (7).

12. Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of Directorate-General for Trade (http://ec.europa.eu/trade).

(1) OJ C 21, 28.1.2010, p. 40.

(2) OJ L 188, 18.7.2009, p. 93.

(3) OJ L 121, 13.5.2005, p. 1.

(4) OJ L 319, 29.11.2008, p. 1.

(5) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

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

12.5.2010

Official Journal of the European Union

C 123/16

Notice for the attention of the persons and entities added to the lists provided for in Articles 11 and 15 of Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar, by virtue of Commission Regulation (EU) No 411/2010

2010/C 123/08

In Council Decision 2010/232/CFSP (1), the Council of the European Union identified those persons, entities and bodies against whom restrictive measures are to apply, as set out in Annexes II and III of that Decision, having determined that:

the persons, entities and bodies listed in Annex II of Decision 2010/232/CFSP are:

(a)	individual members of the Government of Burma/Myanmar; or

(b)	natural or legal persons, entities or bodies associated with them,

as referred to in Articles 9(1) and 10(1) of Council Decision 2010/232/CFSP; and

the legal persons, entities and bodies listed in Annex III of Decision 2010/232/CFSP are:

(a)	enterprises owned or controlled by the Government of Burma/Myanmar or public bodies, corporations, including companies established under private law in which the public authorities have a majority stake, and agencies of that State;

(b)	enterprises owned or controlled by individual members of the Government of Burma/Myanmar or natural or legal persons, entities or bodies associated with them; or

(c)	legal persons, entities or bodies owned or controlled by, or acting for or on behalf of, enterprises referred to in points (a) or (b).

Consequently the Commission has, pursuant to Article 18(1)(b) of Council Regulation (EC) No 194/2008 (2), adopted Commission Regulation (EU) No 411/2010 (3) which amends Annexes VI and VII to Regulation (EC) No 194/2008.

Regulation (EC) No 194/2008 provides for:

1.	the freezing of all funds, other financial assets and economic resources belonging to the persons, groups and entities listed in Annex VI and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly; and

2.	a prohibition on new investment in the enterprises, legal persons, entities or bodies listed in Annex VII.

The attention of the persons, entities and bodies listed in Annex VI is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites listed in Annex IV to Regulation (EC) No 194/2008 in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 13 of that Regulation.

The persons, entities and bodies on the lists in Council Regulation (EC) No 194/2008 as amended by Commission Regulation (EU) No 411/2010 may submit at any time a request to the Council of the European Union, together with any supporting documentation, for the decision to include and/or maintain them on the lists referred to above to be reconsidered. Such requests should be made to the following address:

Council of the European Union

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The persons, entities and bodies added to Annexes VI or VII of Council Regulation (EC) No 194/2008 by means of Commission Regulation (EU) No 411/2010, may make their views on their listing known to the Commission. Such communications should be sent to:

The European Commission

DG External Relations (Directorate A, Unit A2 — CHAR 12/45)

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Such requests and information will be considered when they are received. In this respect, the attention of the persons and entities concerned is drawn to the constant review by the Council of the lists according to Article 14 of Council Decision 2010/232/CFSP.

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Commission Regulation (EU) No 411/2010 before the General Court of the European Union, in accordance with the conditions laid down in Article 263 of the Treaty on the Functioning of the European Union.

(1) OJ L 105, 27.4.2010, p. 22. The Decision repeals and replaces Common Position 2006/318/CFSP.

(2) OJ L 66, 10.3.2008, p. 1.

(3) OJ L 118, 12.5.2010, p. 10.

12.5.2010

Official Journal of the European Union

C 123/18

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

2010/C 123/09

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

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

Amendment application according to Article 9

‘FONTINA’

EC No: IT-PDO-0117-0008-17.02.2005

PGI ( ) PDO ( X )

1. Heading in the product specification affected by the amendment:

—		Name of product
—		Description of product
—		Geographical area
—		Proof of origin
—		Method of production
—		Link
—		Labelling
—		National requirements
—		Other (Feed)

2. Type of amendment(s):

—		Amendment to Single Document or Summary Sheet
—		Amendment to specification of registered PDO or PGI for which neither the Single Document nor Summary has been published
—		Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006)
—		Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3. Amendment(s):

3.1. Description of product:

The characteristics of the finished product are now described in greater detail. In particular:

—	the diameter of the wheels has been increased by 5 cm in order to facilitate automatic cutting. The change to the diameter of the cheese does not affect the typical characteristics and commercial recognition of the finished product,

—	the statement of the thickness of the rind being ‘less than 2 mm’ has been removed, as the thin rind is difficult to measure precisely,

—

the term ‘raw milk’ has been included, but this is only a drafting amendment and does not affect on the characteristics of the finished product. ‘Fontina’ has always been produced from raw milk, as can be seen from the production technique, which does not involve pasteurisation or thermisation. This makes it possible to obtain a product in which the characteristics of the milk used are maintained unchanged, which helps give rise to the specific organoleptic characteristics of ‘Fontina’.

3.2. Proof of origin:

Without prejudice to the elements demonstrating that ‘Fontina’ originates in the Valle d'Aosta region, as indicated in the documentation sent in 1993, some elements concerning proof of origin have been added such as:

(a)	The requirement for a casein label to be affixed to each wheel produced, containing an alphanumeric code and a stylised image of a mountain, which unambiguously identify each Fontina wheel.

(b)

The use of identification stamps containing the abbreviation ‘CTF’ (Consorzio Tutela Fontina) and a numerical identification code for the producer. These are applied to one of the flat sides during the pressing stage. These stamps are provided by the CTF to all parties who operate in accordance with the product specification for ‘Fontina’ PDO.

3.3. Method of production:

The description of the method of production has been expanded. In particular:

—

The specification provides for the use of cultures of indigenous enzymes. This is now standard practice and became necessary following the progressive reduction in the level of total microbial flora — and thus also of milk microbial flora — in the milk, a problem which is widely recognised at European level. The reduction of the total bacterial load is the result of technological and sanitary modernisation of the premises (cattle sheds, milk processing buildings). While this has brought about a welcome improvement in the hygiene standards of the milk, it has also reduced the presence of microbial flora which is useful in the cheese-making process). The enzymes used are carefully selected indigenous cultures of lactic acid bacteria that were previously naturally present in milk from Valle d'Aosta and in Fontina. Collection, selection and use of these enzymes began in the 1970s. Research was restarted and updated in 1992 and 2003 in the light of modern selection and freeze-drying techniques. While these indigenous milk enzymes are not starters capable of substantially changing the milk coagulation processes, their use can help the cheese-making process without adversely affecting the typical characteristics of the product.

—

It has been noted that the 1993 text did not correctly describe the pickling process. Therefore, to remove any possible doubt, some of the details of this operation have been clarified. Pickling may be carried only within 24 hours of the cheese leaving the press and for a maximum period of 12 hours. The use of this technique, which is the final stage of processing, enables the initial microbiological stabilisation of the cheese to take place. It in no way adversely affects the final characteristics of the product, since the period for which the cheese remains in brine is extremely short and dry curing occurs in the next stage of ripening. Article 4(e) of the text sent in 1993 states that dry curing begins ‘several days after the product has been worked’, thereby confirming that the use of pickling as described above is an operation which is part of the processing stage.

—

Point (f) of the document that gave rise to registration of the designation has been reworded. The purpose of the paragraph beginning ‘Other elements that link “Fontina” with the geographical environment’ was to give additional information so as to provide an image of the region aimed at highlighting a special connection with the culture of a people, the local cheese and the relevant geographical area, with historical references that in some cases still form part of the production method. This image could have created the impression that ‘Fontina’ is ripened exclusively in caves dug into the granitic rock, but this is not actually the case. Indeed, even before the denomination was registered, use was also made of ripening premises which, as their interior temperature and moisture conditions were the same as the ordinary caves, never interfered with the traditional production methods or the characteristics of the finished product.

—

The use of these premises, where technologies are employed to create and maintain the ideal ripening conditions, is thus a consolidated practice which went hand in hand with the need to modernise the processing technology and does not adversely affect the other elements that have historically characterised the link between the area, the environment and the product, such as the milk and the cheese-making methods. The milk, which is produced in Valle d'Aosta only from cattle of the Valdostana breed, is enriched with essences and flavours from the pastures and forage of the geographical area and is then processed into ‘Fontina’ in full compliance with the traditional production methods and parameters.

—

Slicing and packaging must take place in the production area so that the product retains its characteristics until it reaches the final consumer. ‘Fontina’ has a moist rind and a level of moisture of the flesh which are such that warehousing, storing and packaging are extremely delicate stages to be carried out within a short timescale, maintaining the ideal environmental conditions (temperature and moisture) and paying particular attention to how workers handle the wheels. Rapidly carrying out the various stages makes it possible to minimise the risk of mould developing on the crust or inside the cheese itself. Lastly, the development of mould, as well as discolouration of the rind as a result of the development of fungal mycelia, can easily undermine the integrity of the thin rind, thereby adversely affecting the properties of the cheese itself by leading to discoloration and a strong, unpleasant taste. These characteristics are not appreciated by consumers.

3.4. Labelling:

—	The words ‘Prodotto di montagna’ and ‘Produit de montagne’ (‘Mountain product’ in Italian and French) for use on the label of the packaged product have been added to the specification, in order to further exploit the value of the mountain area of origin.

3.5. Other:

Feed

A new article has been added to the specification laying down provisions on how the cattle are fed, stating that the basis for their diet is hay and grass produced in Valle d'Aosta. The purpose of introducing a specific article was to make the product specification more detailed, as the previous version was vague.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘FONTINA’

EC No: IT-PDO-0117-0008-17.02.2005

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:

Ministero delle Politiche Agricole e Forestali

Address:

Via XX Settembre 20

00187 Roma RM

ITALIA

Tel.

+39 0646655104

Fax

+39 0646655306

E-mail:

saco7@politicheagricole.gov.it

2. Group:

Name:

Consorzio Produttori e Tutela della DOP Fontina

Address:

Reg. Borgnalle 10/l

11100 Aosta AO

ITALIA

Tel.

+39 016544091

Fax

+39 0165262159

E-mail:

info@consorzioproduttorifontina

Composition:

All ‘Fontina’ producers and/or ripeners.

3. Type of product:

Class 1.3. —

Cheeses

4. Specification:

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

4.1. Name:

‘Fontina’

4.2. Description:

When it is released for consumption, ‘Fontina’ has the following physical, chemical, microbiological and organoleptic characteristics:

Physical characteristics:

Shape

(a)	cylindrical, typically flattened

(b)	flat sides

(c)	originally concave heel, not always noticeable after ripening

Size

(a)	diameter between 35 and 45 cm

(b)	height between 7 and 10 cm

(c)	weight between 7,5 and 12 kg

Rind

(a)	firm, ranging from light to dark brown depending on how mature it is and the duration of ripening

(b)	soft or semi-hard as it becomes riper

(c)

thin

Flesh

(a)	springy and soft, varying according to the period of production

(b)	characteristic holes throughout the cheese wheel

(c)	colour ranging from ivory white to straw yellow of varying intensity

2.	Chemical properties: the fat percentage must be at least 45 % of dry matter.

3.	Microbiological properties: high content of live lactic cultures.

4.	Organoleptic properties: the cheese melts in the mouth and has a characteristic sweet, delicate flavour that becomes stronger as the cheese ripens.

4.3. Geographical area:

The production, ripening and cutting area for ‘Fontina’ cheese is the entire territory of Valle d'Aosta.

4.4. Proof of origin:

The elements concerning proof of origin are as follows:

(a)	the requirement for a casein label to be affixed to each wheel produced, containing an alphanumeric code and a stylised image of a mountain, which unambiguously identifies each Fontina wheel;

(b)	the use of identification stamps containing the abbreviation ‘CTF’ (Consorzio Tutela Fontina) and a numerical identification code for the producer. These are applied to one of the flat sides during the pressing stage.

These stamps are provided by the CTF to all parties who operate in accordance with the product specification for ‘Fontina’ PDO.

4.5. Method of production:

The milk that is processed to produce ‘Fontina’ must be produced in Valle d'Aosta and be raw, whole and come from a single milking of cattle from the Valdostana breed (Pezzata Rossa, Pezzata Nera, Castana).

The diet of the dairy cows must be made up of hay and grass produced in Valle d'Aosta. In addition to the grass and hay, feed concentrates may be used. The composition of the compound feedingstuffs must be essentially cereals and nucleus proteins. It is forbidden to use grass silage, fermented feed or other feed with characteristics that are not appropriate to ‘Fontina’ production (e.g. animal protein, animal and plant meal and oils, seeds, roots, vegetables, fruit, industrial by-products, nitrogen sources, antibiotics, hormones and/or stimulants, fermentation media, silica, chemically treated straw, fresh or dry bread).

Before coagulation, the milk must not have been heated to a temperature exceeding 36 °C. Cultures of indigenous lactic acid bacteria (enzymes) — which are stored under the responsibility of the Consorzio Produttori e Tutela dalla DOP Fontina, which freely releases them to all ‘Fontina’ PDO producers — may be added to the milk.

The milk coagulates in copper or steel vats with the addition of calf rennet. The procedure must take place at a temperature between 34 °C and 36 °C and last at least 40 minutes. The curds are then broken, with the next stage being stirring over a fire at a temperature between 46 °C and 48 °C. After standing for a period of not less than 10 minutes, the cheese mass is extracted and wrapped in fabric cloths. The cheese mass must be placed in the typical concave heal moulds, which are then stacked and pressed. When they are turned over for the first time, a casein label must be applied. This must contain an identification code for the cheese wheel and the identifying logo for the product, so as to guarantee traceability and comprehensive monitoring of the origin of the product. Before the final pressing stage, the identification label giving the producer number assigned by the Consorzio must be applied. The pressing stage continues until the production stages. During the pressing stage, the cheese wheels must be turned over so as to facilitate the draining of the cheese. Within 24 hours of pressing being completed, the cheeses may be pickled for a maximum period of 12 hours by being placed in vats containing a salt water solution.

During the ripening process, the cheese wheels are taken off the shelf and turned over so that the side that was facing downwards can be salted with a light scattering of salt. Once the salt has dissolved, the cheese is taken out so that the side that had previously been salted and the heel can be rubbed down with brushes and a salt water solution. The cheese is then put back on the shelf in its original position.

Ripening must take place in store-rooms with a moisture level of at least 90 % and a temperature between 5 °C and 12 °C.

Lastly, it is important for the cutting and packaging stages to be carried out within the geographical area defined in point 4.3, so as to ensure that the product retains its characteristics until it reaches the final consumer. ‘Fontina’ has a moist rind and a level of moisture of the flesh which are such that warehousing, storing and packaging are extremely delicate procedures to be carried out within a short timescale, maintaining the ideal environmental conditions (temperature and moisture) and paying particular attention to how workers handle the wheels. Rapidly carrying out the various stages makes it possible to minimise the risk of mould developing on the crust or inside the cheese itself. Lastly, the development of mould, as well as discolouration of the rind as a result of the development of fungal mycelia, can easily undermine the integrity of the thin rind, thereby adversely affecting the properties of the cheese itself, leading to discoloration and a strong, unpleasant taste. These characteristics are not appreciated by consumers.

4.6. Link:

The geographical environment from which ‘Fontina’ originates and where it is produced is the unique mountain environment of the Valle d'Aosta, an Alpine valley with a specific climate, and with flora and fauna that are rarely found elsewhere. An indigenous breed of cattle, the Valdostana, is reared in this region. This breed has three characteristic features: its muscular and compact morphology which allows it to move to mountain pastures and directly consume the available forage, its capacity to make the most of the local hay forage and the fact that it produces ideal milk for traditional cheese production. The indigenous Valdostana breed thus makes it possible for the grass — the mountain area's abundant resource — to be transformed into an original cheese product. This interdependence is enhanced by the fact that the cattle all graze in mountainland in summer and in pastureland in autumn. The Valdostana breed and ‘Fontina’ cheese are a reflection of the environment that gave rise to them: the relationship between the three elements — environment, breed and cheese — is not hierarchical, but rather holistic. Indeed, the Valdostana breed and ‘Fontina’ are important guardians of the environment. The botanical composition of the pastures and meadows (which is the result of the dry summer climate of this Alpine valley) and the biochemical uniqueness of the milk obtained from the Valdostana breed are thus the basis for ‘Fontina’ as a designation of origin.

Besides the hardiness of the indigenous breeds and the use of local forage, the link with the region is based on the following factors:

—	the cheese-making techniques, which are part of the local tradition,

—	the use of raw whole milk from a single milking (two milkings are carried out per day), to be delivered in as short a time as possible,

—	the natural presence of bacterial flora and characteristic flavours (this is why the milk does not undergo thermisation during the initial cheese-making stages),

—	the specific characteristics of the ripening process, which takes place at temperatures between 5 °C and 12 °C and relative humidity of at least 90 % up to saturation point.

4.7. Inspection body:

Name:

CSQA Certificazioni Srl

Address:

Via s. Gaetano 74

36016 Thiene VI

ITALIA

Tel.

+39 0445366094

Fax

+39 0445382672

E-mail:

csqa@csqa.it

4.8. Labelling:

The ‘Fontina’ logo is a circle in the centre of which is a stylised image of a mountain above the word ‘Fontina’. Underneath this word is the abbreviation ‘D.O.P.’ inside an ellipse, while the circumference of the circle features the words ‘Zona di produzione — Regione Autonoma Valle d'Aosta’.

When the product is sold in portions, the label must feature:

—	the ‘Fontina’ logo, as described in above,

—	the Community logo,

—	the wordings ‘Prodotto di montagna’ and ‘Produit de montagne’.

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

		ISSN 1725-2423 doi:10.3000/17252423.C_2010.123.eng
Official Journal of the European Union		C 123

English edition	Information and Notices	Volume 53 12 May 2010

Notice No	Contents	page
	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	Council
2010/C 123/01	Council Decision of 29 March 2010 appointing the Greek members and alternate members of the Advisory Committee on Safety and Health at Work	1

	European Commission
2010/C 123/02	Euro exchange rates	2

	NOTICES FROM MEMBER STATES
2010/C 123/03	Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001	3

2010/C 123/04	List of recognised hop producer groups and associations	8

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2010/C 123/05	Notice of the impending expiry of certain anti-dumping measures	10

2010/C 123/06	Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain broad-spectrum antibiotics originating in India	11

	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2010/C 123/07	Prior notification of a concentration (Case COMP/M.5790 — Lidl/Plus Romania/Plus Bulgaria) ( 1 )	15

	OTHER ACTS
	European Commission
2010/C 123/08	Notice for the attention of the persons and entities added to the lists provided for in Articles 11 and 15 of Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar, by virtue of Commission Regulation (EU) No 411/2010	16

2010/C 123/09	Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs	18


	(1) Text with EEA relevance