5.5.2015

Official Journal of the European Union

C 147/4

Notice of initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China

(2015/C 147/03)

The European Commission (‘the Commission’) has received a request for a partial interim review under Article 11(3) 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 anti-dumping Regulation’) and Article 19(3) 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 anti-subsidy Regulation’).

1. Request for review

The request for review was lodged by EU ProSun (‘the applicant’), an association of EU producers of crystalline silicon photovoltaic modules and key components. The request is limited in scope to the benchmark used as reference for the price adaptation mechanism set out in the undertaking in force referred to in Section 3 below.

2. Product covered by the undertaking in force

The product covered by the undertaking in force is crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China, unless they are in transit in the sense of Article V GATT, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) (‘product covered’).

3. Measures in force

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 1238/2013 (3), and a definitive countervailing duty imposed by Council Regulation (EU) No 1239/2013 (4).

The Commission accepted an undertaking offered by the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) and a group of exporting producers (‘the parties concerned’) in the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China on 2 August 2013 by way of Decision 2013/423/EU (5).

On 4 December 2013, the Commission confirmed the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, by Implementing Decision 2013/707/EU (6).

The terms of the implementation of the undertaking referred to in Implementing Decision 2013/707/EU were then clarified in Implementing Decision 2014/657/EU (7).

Under the price undertaking accepted by the Commission, the minimum import price of the product covered is adjusted quarterly by reference to international spot prices of crystalline silicon photovoltaic modules including Chinese prices as reported by the Bloomberg database (‘the existing benchmark’). The undertaking states that spot prices excluding Chinese prices may be used as a benchmark, if made available by the Bloomberg database. The Bloomberg database contains a price series that excludes Chinese prices, for which historical data is available. Therefore, subject to the appropriate procedures, it would be technically possible to use spot prices excluding Chinese prices, as reported by the Bloomberg database, as a benchmark.

4. Grounds for the review

The applicant provided the following sufficient evidence that the circumstances on which the existing benchmark was accepted have changed and that these changes are of a lasting nature:

—	the number of companies from the People's Republic of China reporting data to be included in the existing benchmark has increased significantly since the acceptance of the undertaking, and in particular since the beginning of 2014;

—	as a result, the weight of companies from the People's Republic of China in the existing benchmark has increased and has had a significant effect on the evolution of this benchmark;

—	in addition, the prices reported by these companies have historically been lower than prices reported by other companies.

All these developments appear to be of a lasting nature and therefore substantiate the need to review the use of the existing benchmark.

The sufficient evidence submitted by the applicant suggests that the existing benchmark is no longer representative of the development of the prices for crystalline silicon photovoltaic modules. If the interim review confirms this, the existing benchmark would no longer be fulfilling its objective as set out in the Commissions Decisions accepting, confirming acceptance and clarifying the undertaking.

Therefore, the Commission will investigate whether the existing benchmark is still representative of the development of the crystalline silicon photovoltaic modules prices.

5. Procedure

Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of an interim review limited to the benchmark used as reference for the price adaptation mechanism, the Commission hereby initiates a review in accordance with Article 11(3) of the basic anti-dumping Regulation and Article 19(2) of the basic anti-subsidy Regulation.

The Government of the People's Republic of China has been invited for pre-initiation consultations in accordance with the basic anti-subsidy Regulation.

The Commission will initiate consultations with the parties concerned in accordance with the undertaking's procedures, as this review concerns the implementation of their undertaking.

5.1. Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to Bloomberg. This information and supporting evidence should reach the Commission within 37 days of the questionnaire being sent, unless otherwise specified.

The Commission also invites anyone who reported prices of crystalline silicon photovoltaic modules regardless of origin to Bloomberg to come forward; to provide the Commission with their submissions to Bloomberg; and to make their views known in relation to the review. Unless otherwise specified, they should submit information and provide supporting evidence by contacting the Commission within 37 days of the publication of this Notice in the Official Journal of the European Union. The Commission may request additional information and/or verify the information received in the course of the investigation.

During the course of the investigation the Commission may also request information from other sources which appears necessary for the purposes of the review investigation.

5.2. 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 must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

5.3. Possibility to be heard by the Commission's investigation services

All interested parties may request to be heard by the Commission's investigation services. Any request to be heard must be made in writing and must 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 the specific deadlines set by the Commission in its communication with the parties.

5.4. Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyright.

Before submitting information and/or data which is subject to third party copyright to the Commission, parties must request specific permission to the copyright holder explicitly allowing:

(a)	the Commission to use the information and data for the purpose of this trade defence proceeding; and

(b)	to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence for which confidential treatment is requested shall be labelled ‘Limited’ (8).

Anyone providing ‘Limited’ information is required to furnish non-confidential summaries of it under Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If anyone providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

All submissions and requests must be sent by e-mail including scanned powers of attorney and certification sheets, with the exception of large replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail.

Using e-mail implies agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf

When submitting information you must indicate your name, address, telephone and a valid e-mail address and you must ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with you by e-mail only, unless you explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of registered mail.

For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, you should consult the communication instructions referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: trade-ad-R615@ec.europa.eu

6. Non-cooperation

If anyone refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, then findings, affirmative or negative, may be made on the basis of facts available.

7. Hearing Officer

Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission's investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise 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.

Further information and contact details are given on the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8. Schedule of the investigation

The investigation will be concluded within 15 months of the date of the publication of this Notice in the Official Journal of the European Union, under Article 11(5) of the basic anti-dumping Regulation and Article 22(1) of the basic anti-subsidy Regulation.

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 of the 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 (9).

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

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

(3) Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325, 5.12.2013, p. 1).

(4) Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325, 5.12.2013, p. 66).

(5) Commission Decision 2013/423/EU of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (OJ L 209, 3.8.2013, p. 26).

(6) Commission Implementing Decision 2013/707/EU of 4 December 2013 confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures (OJ L 325, 5.12.2013, p. 214).

(7) Commission Implementing Decision 2014/657/EU of 10 September 2014 accepting a proposal by a group of exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products for clarifications concerning the implementation of the undertaking referred to in Implementing Decision 2013/707/EU (OJ L 270, 11.9.2014, p. 6).

(8) A ‘Limited’ document is a document which is considered confidential under 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 under Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

5.5.2015

Official Journal of the European Union

C 147/11

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2015/C 147/06)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘CITRON DE MENTON’

EU No: FR-PGI-0005-01299 — 5.1.2015

PGI ( X ) PDO ( )

1. Name

‘Citron de Menton’

2. Member State or Third Country

France

3. Description of the agricultural product or foodstuff

3.1. Type of product

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

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

‘Citron de Menton’ denotes a whole fresh lemon from the following varieties of the Citrus limon species: Adamo, Cerza, Eureka, Santa Teresa and the variety known locally as ‘Menton’.

The fruit is harvested by hand. It does not receive any chemical treatment after harvesting and it is not coated in any type of wax.

It has the following characteristics:

—	skin colour: the lemon acquires its colour on the tree; pale to greenish yellow for the ‘early’ fruit and intense, luminous yellow when fully ripe. During the period of cold winter nights, it has a bright, almost fluorescent yellow colour,

—	finely granulated rind that adheres tightly to the segments,

—	minimum diameter of 53 mm and maximum diameter of 90 mm (measured at the equatorial cross-section of the fruit),

—	perfume releasing highly pronounced aroma essences of fresh citronella,

—	minimum juice content of 25 % of the total weight of the fruit (filtered juice),

—	highly perfumed juice, slightly acidic but not bitter, expressed by an E/A ratio (sugar content expressed in dry extract ‘E’/acidity expressed in citric acid ‘A’) of between 1,2 and 2,2,

—	classified as ‘extra’ or ‘I’ according to current legislation.

New varieties may be introduced, provided that they comply with the characteristics described above and that they are listed in the French catalogue, selected by the National Institute for Agricultural Research and have been tested for 10 years in the geographical area. After each amendment, the list of varieties is distributed to producers as well as to the inspection body and the competent supervisory authorities.

The ‘Citron de Menton’ is sold with one or two leaves attached to the peduncle of least 30 % of the fruits. The leaves, of a pale green colour, are large and lanceolate, with a slightly wavy edge.

Presentation: graded batches, loose or in punnets of under 2 kg.

When the fruit is sold loose, the grading of the ‘Citron de Menton’ is as follows: the maximum difference between the grades does not exceed the range resulting from grouping three consecutive grades on the scale (size codes).

When the ‘Citron de Menton’ is sold in punnets, all the fruits are classified as ‘extra’ and have the same size code.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

—

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

The ‘Citron de Menton’ is produced and harvested in the geographical area.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

The ‘Citron de Menton’ is packaged:

—	in packs of under 8 kg,

—	in packs of under 15 kg, only for fruit intended for processing,

—	in punnets of under 2 kg.

3.6. Specific rules concerning labelling of the product the registered name refers to

The label includes the name ‘Citron de Menton’, written out in full.

4. Concise definition of the geographical area

The geographical area stretches across the territory of the following municipalities in the department of the Alpes-Maritimes:

Castellar, Gorbio, Roquebrune-Cap-Martin, Sainte-Agnès and Menton.

5. Link with the geographical area

Specificity of the geographical area

The geographical area of the ‘Citron de Menton’ has the following characteristics:

Natural factors

The geographical area of the ‘Citron de Menton’ is the northernmost lemon-growing region in the world, located between the sea (7 km from the Mediterranean as the crow flies) and the mountains (several summits reaching an altitude of over 1 000 metres). Hills roll down from these mountains from the north-east to the south-west and end abruptly in the sea at the border bridge of Saint-Louis and at Cap-Martin.

The geographical area of the ‘Citron de Menton’ is influenced by a micro-climate characterised by:

—

a narrow temperature range with a mild winter (average of 10 °C), apart from a short period around the end of January and the beginning of February, a pleasant but stormy spring and autumn (average of 16 °C and 70 mm of rain per month) and a hot, but not excessively hot, summer (average of 23 to 27 °C),

—	a high level of sunshine (2 800 hours of sunshine per year), which helps to maintain a mild temperature in winter,

—	mists that reduce the strength of the summer sunshine,

—	moderate winds: sea breeze and off-shore winds, tempered by the protection of the surrounding mountainous landscape,

—	a humidity of around 75 % in summer, resembling that of tropical regions.

The soil in the geographical area of the ‘Citron de Menton’ is characterised by the presence of a sandstone source rock, known as ‘grès de Menton’ (Menton sandstone). It has a sandy-clay to clay-sandy texture, resulting in aerated soil, and a relatively high pH of around 8.

There is a dense hydrographic network in the geographical area of the ‘Citron de Menton’, with numerous streams that testify to the presence of a sufficient quantity of groundwater.

Human factors

The first citrus fruit in Menton can be traced back to as early as 1341. However, the real development of citrus cultivation in Menton dates from the 17th and 18th centuries with the first legislative texts regulating citrus cultivation and the lemon trade. The zenith of ‘Citron de Menton’ cultivation and trade lasted about a hundred years, from the mid-18th to the mid-19th century. During this period, citrus cultivation was Menton’s primary economic activity. In 1956, on top of many factors such as the rural exodus that were contributing to a decline in cultivation, the lemon trees were ravaged by the ‘mal secco’ disease, which is caused by the ascomycete Phoma tracheiphila (Petri). However, local citrus cultivation has been actively revived since 1992, by safeguarding agricultural land and granting financial assistance to citrus growers. Between 2004 and 2012, 3 000 trees were planted, bringing the total number of lemon trees to 5 000 in 2012.

Historically, the Menton citrus growers mainly cultivated a local variety, known as ‘Menton’. After the ravages caused by the disease in 1956, the citrus growers started cultivating other varieties of lemon that suited the local soil and climatic conditions.

The citrus growers cultivate the ‘Citron de Menton’ on man-made terraces (known locally as ‘restanques’) that help to optimise the trees’ exposure to sunlight.

The ‘Citron de Menton’ is cultivated on irrigable plots of land, at a maximum altitude of 390 m and no further than 7 km from the sea as the crow flies.

The growers prune at least once per year, between the months of February and September, and regularly remove the ‘suckers’ (long shoots that produce little or no fruit, directing the sap away to the detriment of the fruit-bearing branches).

The fruit is picked throughout the year, depending on the lemons’ ripeness as they do not all ripen on the tree at the same time. The fruit is harvested by hand in several stages in order to select the ripe lemons. The desired colour for sale is acquired on the tree. The fruit is harvested with care: the lemons are picked individually; crates or boxes of maximum 20 kg are used (the use of bags is not permitted because of the risks of overheating).

The custom in Menton is to pick the fruit with a few leaves. It is both a recognisable feature and a guarantee of freshness. In order to prevent damage to the skin of the fruit, the peduncle of lemons picked without their leaves is cut at the base of the calyx.

5.1. Specificity of the product

The ‘Citron de Menton’ is characterised by:

—	its colour, acquired naturally on the tree, which is a light yellow to greenish yellow for the ‘early’ lemons, an intense, luminous yellow when fully ripe and a bright yellow (almost fluorescent) during the period of cold winter nights,

—	its finely granulated rind that adheres tightly to the segments,

—	its intense perfume of fresh citronella, released most notably when the fruit is squeezed or rolled between the palms,

—	the intense perfume of its juice and its acidic, but not bitter, taste.

5.2. Causal link between the geographical area and a specific quality, the reputation or other characteristic of the product

The causal link between the geographical area of the Menton basin and the ‘Citron de Menton’ is founded on its specific quality and reputation.

The unusual location of the geographical area of the ‘Citron de Menton’ between the sea and the mountains gives the Menton area a distinctive climate that accounts for the specific features of the ‘Citron de Menton’:

—	the mountainous barrier to the north protects the lemon trees from damage caused by westerly, northerly and north-easterly winds during the fruiting stage,

—	the sea breeze, on the other hand, is beneficial to the lemon trees as it helps to aerate them,

—

the hillsides in the Menton area, with their sandstone source rock, have for centuries been a good place to plant citrus trees on man-made terraces at up to 390 m above sea level (higher than this, the climate is unfavourable). These terraces improve production (the soil is aerated), limit the risks of frost and guarantee that the fruit will ripen (heat is released),

—	the unusual humidity of the Menton basin, resembling that of a tropical climate, favours lemon cultivation,

—

the mild climate thanks to the proximity of the sea (plots of land located at less than 7 km from the sea as the crow flies) and the mists in the hot season that reduce the strength of the sun limit the concentration of sugars and contribute to the acidic, but not bitter, taste of the ‘Citron de Menton’,

—	the distinctive intense colour of the ‘Citron de Menton’ is largely due to the narrow range of day time/night time temperatures,

—	the relative cold of the Menton area between mid-January and the end of February helps produce fruit with a good colour, an acidic taste and suitable for keeping,

—

the fact that the area is not excessively damp and the Spring and Autumn rains are of short duration, along with the absence of arable crops and the small size of the orchards as well as the cultivation practices (particularly pruning), give the area an exceptional local biodiversity that helps to control the spread of parasites, resulting in a very healthy crop despite plant protection products being used only in absolutely exceptional circumstances,

—	this lemon’s remarkable disease-free quality and suitability for keeping also explains why post-harvest treatments (fungicides) and wax coatings are not required.

The pruning practices help to produce juicy fruit of a good size. The scope for irrigation and harvesting customs (by hand, in several stages, with the greatest care) also result in fruit of excellent quality, both in terms of appearance (undamaged rind, almost no defects) and in terms of taste (well ripened on the tree, resulting in the minimum juice content and E/A ratio, the fruit is not degreened).

The national and worldwide reputation of the ‘Citron de Menton’ is due to its particular qualities. An entire book is dedicated to it: ‘Le Citron de Menton’, published by ROM (December 2005).

The ‘Citron de Menton’ is highly prized, for the quality and perfume of both its zest and its juice, by great French chefs such as Alain Ducasse (‘Louis XV’ in Monaco), Paul Bocuse (‘les frères Troisgros’) or Joël Robuchon, who describes it as: ‘a unique perfume, delicately acidic flavour and highly perfumed rind’.

The particular qualities of the ‘Citron de Menton’ also explain why it is highly sought after for numerous processed products: pastries, lemon liqueur, jams, flavoured olive oil etc.

The Menton ‘Fête du Citron’ (Lemon Festival) has been gathering thousands of spectators since 1934 (200 000 visitors in 2011) from France and abroad. It is the third most popular event in the Alpes-Maritimes. Floats decorated with lemons and oranges parade through the town of Menton and floral compositions based on citrus fruits adorn its gardens.

Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation (2))

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-735ca22e-cd8a-4112-9dfc-61ffde2e063c/telechargement

(1) OJ L 343, 14.12.2012, p. 1.

(2) See footnote 1.

5.5.2015

Official Journal of the European Union

C 147/16

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2015/C 147/07)

This publication confers the right to oppose the amendment application, pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF PROTECTED DESIGNATIONS OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATIONS WHICH IS NOT MINOR

APPLICATION FOR APPROVAL OF AN AMENDMENT IN ACCORDANCE WITH THE FIRST SUBPARAGRAPH OF ARTICLE 53(2) OF REGULATION (EU) No 1151/2012

‘MONTES DE TOLEDO’

EU No: ES-PDO-0205-01270 – 29.10.2014

PDO ( X ) PGI ( )

1. Applicant group and legitimate interest

FUNDACIÓN C.R.D.O. ‘MONTES DE TOLEDO’

Alférez Provisional, 3

45001 Toledo

ESPAÑA

Tel. +34 925257402

Fax +34 925257402

E-mail: domt@domontesdetoledo.com

Internet: www.domontesdetoledo.com

2. Member State or Third Country

Spain

3. Heading in the product specification affected by the amendment

—

☐ Product name

—

☒ Product description

—

☐ Geographical area

—

☒ Proof of origin

—

☒ Method of production

—

☐ Link

—

☒ Labelling

—

☒ Other (national requirements, inspection body)

4. Type of amendment(s)

—

☒ Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

—

☐ Amendment to product specification of registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

5. Amendments

Product description

Olive:

The following words are deleted:

‘Maturity index (as sampled on tree only): between 3 and 5 (developed by the Estación de Olivicultura y Elaiotecnia, finca “Venta del Llano”, Mengíbar, Jaén)’.

The following sentence is added:

‘Only olives of the Cornicabra variety that are fresh, healthy and have attained optimum maturity are used to produce “Montes de Toledo” PDO olive oil.’

The purpose of this amendment is to adapt the requirements to changes in production techniques allowing oils to be produced in large quantities using olives at different stages of maturity, whilst also highlighting the main distinguishing feature of this designation of origin, i.e. the fact that it is a monovarietal oil, produced only from Cornicabra olives.

Oil:

The following sentence is deleted:

‘The oil with the “Montes de Toledo” Designation of Origin is characterised by its high oleic acid and low linoleic acid contents, with a high content of total polyphenols, which makes it very stable, a quality for which it is appreciated and known in the trade.’

This sentence is being deleted because the characteristics referred to are already mentioned in the section on the product’s specific character and it does not constitute a restrictive condition but merely a general description; whilst the influence of the variety and the geographical area are indeed reflected in the composition as described, the content of the substances referred to may vary according to the agroclimatic conditions in individual growing years, without the authentic nature of the oils being lost.

Acidity:

The maximum value is to be changed from 0,7 to 0,5 °.

Improvements in production methods and processes made since the initial file was drafted (in 1998) are such that the limit can be lowered so as to provide consumers with a protected product of a better quality.

Ultraviolet absorbency K 270:

The maximum value is being raised from 0,15 to 0,20.

This amendment is being made because it has been found that, in oils made from green Cornicabra olives, the value for this parameter may naturally exceed 0,15, as a result of which oils meeting the requirements laid down for the extra virgin category and possessing exceptional organoleptic properties with intense fruitiness would be excluded.

According to an article entitled Influencia del índice de madurez de las aceitunas en la calidad de los aceites ‘cornicabra’ de las campañas 1995/96 y 1996/97 (F. Aranda Palomo, M.D. Salvador Moya, G. Fregapane Quadri), the extinction coefficient K270, which can be used to measure the carbonylic compounds (aldehydes and ketones) present in oils, decreases substantially as the maturity of the fruit increases, which is in contrast to the three results obtained by Gracía et al., 1996, for oils made from the Arbequina, Blanqueta, Lechín, Villalonga and Verdial varieties.

In particular, Cornicabra oils made from olives having a maturity index of 3,5 or less may be excluded from the highest (extra virgin) category of oil because the value laid down in the Regulation is exceeded, since, up to a maturity level of close to 4, these values do not fall below 0,15.

Organoleptic assessment:

The sentence:

‘From an organoleptic point of view, the oils of this variety give a very thick mouth-feel and are fruity and aromatic as well as having medium values for bitterness and pungency, with a very balanced aroma, provided that optimum maturity has been reached (Dr Francis Gutiérrez, Head of Tasting Panel, Institute for Fats and Oils, Spanish National Research Council (CSIC), Seville).’

is replaced by the following:

‘Oils with the “Montes de Toledo” designation of origin have medium to intense values for the positive attributes fruitiness, bitterness and pungency.’

The reason for this amendment is that the previous wording did not take account of the thresholds laid down for the use of the term ‘intense’ in Commission Regulation (EC) No 640/2008 (2). When the previous version of the specification was drawn up, these values were deemed to be ‘medium’, as no thresholds defining the intensity of the attributes had been laid down to mark the difference between ‘medium’ and ‘intense’. Such thresholds were put in place with the publication of the above Regulation, and it was found that many Cornicabra oils have bitterness and pungency values higher than 6, as a result of which these qualities would be described as ‘intense’. This does not correspond to the requirements of the specification as currently worded. It is therefore necessary to adapt the requirements to the characteristic profile of ‘Montes de Toledo’ oils, whose bitterness and pungency vary between ‘medium’ and ‘intense’, depending on the timing of the harvest, the climatic conditions during the growing year and the geographical location within the area.

Proof of origin

The sentence:

‘Firstly, the olives must come from groves which are situated in the production area and have been certified, and in which it has been established that only the authorised variety is cultivated.’

is replaced by the following:

‘Firstly, the olives must come exclusively from groves situated in the production area.’

The reason for this amendment is that the morphological characteristics of Cornicabra olives include sufficient distinguishing features to allow verification of the requirement relating to variety to take place upon arrival at the oil mill.

The sentence:

‘Olive growers must sign a contract with the “Montes de Toledo” PDO Regulatory Board (Fundación “Consejo Regulador de la Denominación de Origen Montes de Toledo”) by which they undertake to adhere to the production conditions laid down in this specification.’

is replaced by the following:

‘Producers of the product must sign a contract with the “Montes de Toledo” PDO Regulatory Board (Fundación “Consejo Regulador de la Denominación de Origen Montes de Toledo”) by which they undertake to ensure that the suppliers of the olives used in its production adhere to the production conditions laid down in this specification.’

This amendment is designed to make the product certification process under standard UNE-EN-ISO-IEC 17065 more efficient by obviating the need to sign a contract with each of the thousands of olive growers in the area. Producers will carry out checks on their suppliers as part of their product traceability system, and the inspection body will carry out the corresponding compliance checks during the regular assessments that are made.

The following sentences are added:

‘The oil is packaged within the defined geographical area.

In this way, the typical characteristics of the product can be maintained, the inspection bodies have total control of production and the final handling of the product is sure to remain in the hands of the producers, who best know how the oils are affected by factors in the packaging process, such as time and method of decanting, filtration operations, diatomaceous earth, cellulose and packaging temperatures, and by the cold and storage. This safeguards the quality of the product and, at the same time, guarantees the traceability of the oils.’

Method of production

The section relating to the soils in which the olive groves are planted is deleted, as it provides no more than a descriptive account of the soils most typical of the area and does not lay down any restrictive conditions that have a bearing on the quality and specificity of the product.

The sentence:

‘The olives are picked from the trees using the traditional methods of beating with poles, hand picking or vibration, and the method must be varied from one year to the next so as to limit damage to the olive tree.’

is replaced by the following:

‘The olives are picked from the trees using the traditional methods of beating with poles, hand picking or vibration, and the method may be varied from one year to the next so as to limit damage to the olive trees.’

This amendment is being made to reflect changes in harvesting methods since the registration application was drawn up which mean that the method does not have to be changed from one year to the next.

The sentence:

‘The trailer or container must be cleaned using a high-pressure water jet before each loading.’

is replaced by the following:

‘The trailer or container must be maintained in a suitably clean condition.’

This is because the aim is to ensure cleanliness regardless of the method used.

The sentences:

‘The yards must be supervised by a person responsible for ensuring correct recording and grading.

They must have systems in place to ensure segregated unloading of tree- and ground-harvested olives so as to prevent any mixing, and to ensure the separate processing, of olives of different qualities.’

are replaced by the following:

‘The yards must be supervised by a person responsible for ensuring correct recording and separation of the various varieties and qualities.

They must have systems in place to ensure segregated unloading of tree- and ground-harvested olives and of varieties other than the sole permitted variety so as to prevent any mixing, and to ensure the separate processing, of olives of different qualities.’

This is because of the need to ensure separate processing of the sole authorised variety.

The sentence which reads:

‘The troughs and hoppers must be washed using high-pressure water jets before each day’s harvest is unloaded and whenever it is deemed necessary.’

is replaced by the following:

‘Oil mills must have in place a system for the regular cleaning of troughs and hoppers.’

This is because the aim is to ensure that such cleaning systems exist, regardless of the method used.

The sentence which reads:

‘The water used for washing and processing must be of sanitary quality and must not contain chlorine or its derivatives.’

is deleted because it relates to a requirement that is contained in the legislation in force.

The sentence which reads:

‘Talc may be used only as a processing aid, in which case the quantities used must be between 0,5 % and 2,0 %.’

is deleted as talc is the only processing aid currently permitted by law for use in the extraction of virgin olive oil.

The sentences which read:

‘Oil mills must classify the oils produced on the basis of the physico-chemical and organoleptic characteristics of “Montes de Toledo” oil described above. They must have, or buy in the services of, technicians and laboratories accredited for this purpose.’

are replaced by the following:

‘Oil mills must classify the oils produced on the basis of the physico-chemical and organoleptic properties of “Montes de Toledo” oil described above. They must have, or buy in the services of, technicians and laboratories designated for this purpose.’

This is because it is not considered essential for the technicians and/or laboratories used for self-monitoring to be accredited.

The sentences which read:

‘All settling tanks must have a lid, be conical in shape or have flat bottoms inclined so that it is possible to drain them and clean them out regularly. Flat-bottomed settling tanks must not be in a horizontal position.’

are to be replaced by the following:

‘All settling tanks must have a lid and be such that they can be drained and cleaned out regularly.’

This is because the aim is to ensure that settling tanks can be cleaned out and drained, regardless of the method used.

Labelling

The sentences which read:

‘The logo of the designation and the words “Denominación de Origen Protegida Montes de Toledo” must appear on all labels.

The containers in which the protected oil is packaged for consumption must bear a seal of warranty, label or numbered secondary label issued by the inspection body so that they cannot be reused.’

are replaced by the following:

‘The logo of the designation of origin and the words “Denominación de Origen Protegida Montes de Toledo” or “DOP Montes de Toledo” must appear on all labels.

The containers in which the protected oil is packaged for consumption must have affixed to them, in such a way that they cannot be reused, a seal of warranty and a numbered secondary label issued by the inspection body and bearing the logo of the designation of origin.’

National requirements

This section is amended as follows in order to bring it into line with the rules in force:

‘—	Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs;

—

Orden de 9 de mayo de 1998 de la Consejería de Agricultura y Medio Ambiente, por la que se dictan disposiciones de aplicación del Reglamento (CEE) no 2081/92 del Consejo, de 14 de julio de 1992, relativo a la protección de las indicaciones geográficas y de las denominaciones de origen de los productos agrícolas y alimenticios (Official Journal of Castile-La Mancha No 23 of 22 May 1998).

—	Real Decreto 1335/2011, de 3 de octubre, por el que se regula el procedimiento para la tramitación de las solicitudes de inscripción de las denominaciones de origen protegidas y de las indicaciones geográficas protegidas en el registro comunitario y la oposición a ellas.’

Other (inspection body)

This section will be worded as indicated below, the list of the inspection body’s constituent documents being deleted as it is not relevant to the specification.

‘Product certification will be performed by the “Montes de Toledo” PDO Regulatory Board, a non-profit foundation whose assets are used on a permanent basis for the pursuit of its objectives and which is accredited by the National Accreditation Agency (ENAC) as complying with standard UNE-EN/ISO-IEC 17065.

Updated information on inspection bodies authorised to verify compliance with this specification is to be found on the following website:

http://pagina.jccm.es/agricul/paginas/comercial-industrial/figuras_calidad/reg_op/buscar_reg_ent.htm

The current inspection authority is:

Name:

Fundación “Consejo Regulador de la Denominación de Origen de aceite Montes de Toledo”

Address:

C/Alférez Provisional, 3

45001 Toledo

ESPAÑA

Tel.

+34 925257402

Fax

+34 925257402

E-mail:

domt@domontesdetoledo.com

This inspection body is authorised by the Autonomous Community of Castile-La Mancha and is accredited by ENAC for the requirements laid down in standard UNE-EN 17065 (General requirements for bodies certifying products).

The inspection body must take the steps necessary to assess compliance with the specification, in accordance with requirements of the certification system for the product concerned.

It must conform to the standards in force – and meet any other requirement, e.g. as regards sampling, testing and inspection – forming the basis of the certification system used in its quality manual.

Its specific functions are to consist in:

—	inspection of samples;

—	conformity assessment of the product’s properties as laid down in the specification;

—	audit of documentary records for the production of the protected olive oils.’

SINGLE DOCUMENT

‘MONTES DE TOLEDO’

EU No: ES-PDO-0205-01270 – 29.10.2014

PDO ( X ) PGI ( )

1. Name

‘Montes de Toledo’

2. Member State or Third Country

Spain

3. Description of the agricultural product or foodstuff

3.1. Type of product

Class 1.5. Oils and fats (butter, margarine, oils, etc.)

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

Extra-virgin olive oil obtained from the fruit of the olive tree (Olea Europea L.), of the Cornicabra variety, by mechanical processes or other physical means that do not lead to deterioration of the oil, conserving the taste, aroma and characteristics of the fruit from which it is obtained.

Physical, chemical and organoleptic properties.

—	acidity: maximum 0,5 °;

—	peroxide value: maximum 15 meq O2/kg;

—	ultraviolet absorbency K 270: maximum 0,20;

—	moisture content: maximum 0,1 %;

—	impurities: maximum 0,1 %;

—	the colour varies, depending on the timing of the harvest and the geographical location within the area, from golden yellow to intense green;

—	from an organoleptic point of view, ‘Montes de Toledo’ DO oils possess medium to intense fruitiness, bitterness and pungency.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4. Specific steps in production that must take place in the defined geographical area

The olives must be grown and the oil produced in the area defined in point 4.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—	The oil must be stored in mills and packaging plants which have been certified by the Regulatory Board and have facilities suitable to ensure optimum conservation.

—	The packager must have systems for packaging the PDO oils separately from any other oils. Likewise, it must have approved systems for measuring oil.

—	The oil must be packaged in containers of glass, coated metal, PET or vitrified ceramic.

—

In order to preserve the typical characteristics of the product at all stages, the packaging process is to be carried out within the accepted geographical area. In this way, the inspection bodies can have total control of the production and the final handling of the product remains in the hands of the area’s producers. They are the ones who best know the specific reactions of these oils to factors in the bottling process, such as time and method of decanting, filtration operations, diatomaceous earth, cellulose, bottling temperatures, reaction to cold and storage. The aim of all of this is to maintain the typical characteristics of the product.

3.6. Specific rules concerning labelling of the product the registered name refers to

The logo of the designation and the words ‘Denominación de Origen Protegida Montes de Toledo’ or ‘DOP Montes de Toledo’ must appear on all labels.

The containers in which this oil is packaged for consumption must have affixed to them, in such a way that they cannot be reused, a seal of warranty and a numbered secondary label issued by the inspection body and bearing the logo of the designation of origin.

4. Concise definition of the geographical area

The area is in the interior of the Autonomous Community of Castile-La Mancha, in the south-east of the Province of Toledo and the north-east of the Province of Ciudad Real, of which the central axis is the Montes de Toledo mountain range. The geographical production area is made up of 128 municipalities in the Provinces of Toledo and Ciudad Real. Of those municipalities, 106 are in the Province of Toledo and 22 in Ciudad Real.

Municipalities in the Province of Toledo:

Ajofrín, Alameda de la Sagra, Albarreal de Tajo, Alcaudete de la Jara, Aldeanueva de Barbarroya, Aldeanueva de San Bartolome, Almonacid de Toledo, Añover de Tajo, Arges, Bargas, Belvis de la Jara, Borox, Burguillos de Toledo, Burujón, Cabañas de la Sagra, Calera y Chozas, Campillo de la Jara, Cañumas, Carmena, Carpio de Tajo (El), Carranque, Casasbuenas, Cebolla, Cedillo del Condado, Cobeja, Chueca, Cobisa, Consuegra, Cuerva, Dosbarrios, Espinoso del Rey, Esquivias, Estrella (La), Gálvez, Guadamur, Guardia (La), Herencias (Las), Hontanar, Huerta de Valdecarábanos, Illescas, Layos, Lominchar, Madridejos, Magán, Malpica de Tajo, Manzaneque, Marjaliza, Mascaraque, Mata (La), Mazarambroz, Menasalbas, Mesegar, Mocejón, Mohedas de la Jara, Montearagón, Mora, Nambroca, Nava de Ricomalillo (La), Navahermosa, Navalmorales (Los), Navalucillos (Los), Noez, Numancia de la Sagra, Olías del Rey, Orgaz, Palomeque, Pantoja, Polán, Puebla de Montalban (La), Pueblanueva (La), Pulgar, Recas, Retamos, Robledo de Mazo, Romeral (El), San Bartolome de las Abiertas, San Martín de Montalbán, San Martín de Puso, San Pablo de los Montes, Santa Ana de Puso, Sesena, Sevillana de la Jara, Sonsaca, Talavera de la Reina, Tembleque, Toledo, Torrecilla de la Jara, Titanes, Turmequé, Utena, Urda, Ventas con Peña Aguilera (Las), Villa luenga de la Sagra, Villaminaya, Villamuelas, Villanueva de Bogas, Villarejo de Montalbán, Villaseca de la Sagra, Villasequilla de Yepes, El Viso de San Juan, Yébenes (Los), Yeles, Yepes, Yuncler, Yunclillos and Yuncos.

Municipalities in the Province of Ciudad Real:

Alcoba, Anchuras, Arroba de los Montes, Cortijos (Los), El Robledo, Fernancaballero, Fontanarejo, Fuente el Fresno, Herencia, Horcajo de los Montes, Labores (Las), Luciana, Malagón, Navalpino, Navas de Estena, Picón, Piedrabuena, Porzuna, Puebla de Don Rodrigo, Puertolápice, Retuerta del Bullaque and Villarrubia de los Ojos.

5. Link with the geographical area

The soil and climatic conditions of the Montes de Toledo mountain range, and the work of numerous generations of olive growers, have resulted in the natural selection of the Cornicabra variety as the best adapted to the area and the only one used in the production of ‘Montes de Toledo’ olive oil. With regard to the link between the geological and soil conditions, it should be noted how the formation of soils that are generally not very fertile has again left its mark on a crop which is subject to continuous stress, these aspects having in turn acted as a means of natural selection, leading to product differentiation. The Cornicabra variety, together with the area’s soil and climatic conditions, give the oil its specific physico-chemical properties, namely a high oleic acid and a low linoleic acid content and a high polyphenol content, and its specific organoleptic properties in terms of a very thick mouthfeel, being fruity and aromatic as well as having medium to intense bitterness and pungency.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation (3))

http://pagina.jccm.es/agricul/paginas/comercial-industrial/consejos_new/pliegos/20131204_PLIEGO_DOP_ACEITE_MONTES_TOLEDO.pdf

(1) OJ L 343, 14.12.2012, p. 1.

(2) OJ L 178, 5.7.2008, p. 11.

(3) See footnote 1.

		ISSN 1977-091X
Official Journal of the European Union		C 147

English edition	Information and Notices	Volume 58 5 May 2015

Notice No	Contents	page
	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2015/C 147/01	Interest rate applied by the European Central Bank to its main refinancing operations: 0,05 % on 1 May 2015 — Euro exchange rates	1
	NOTICES FROM MEMBER STATES
2015/C 147/02	Notice from the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons	2

	Currency	Exchange rate
USD	US dollar	1,1152
JPY	Japanese yen	134,07
DKK	Danish krone	7,4646
GBP	Pound sterling	0,73788
SEK	Swedish krona	9,3340
CHF	Swiss franc	1,0431
ISK	Iceland króna
NOK	Norwegian krone	8,4630
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,364
HUF	Hungarian forint	303,42
PLN	Polish zloty	4,0480
RON	Romanian leu	4,4275
TRY	Turkish lira	3,0278
AUD	Australian dollar	1,4225
CAD	Canadian dollar	1,3512
HKD	Hong Kong dollar	8,6460
NZD	New Zealand dollar	1,4727
SGD	Singapore dollar	1,4861
KRW	South Korean won	1 206,68
ZAR	South African rand	13,4390
CNY	Chinese yuan renminbi	6,9245
HRK	Croatian kuna	7,5826
IDR	Indonesian rupiah	14 521,99
MYR	Malaysian ringgit	4,0152
PHP	Philippine peso	49,803
RUB	Russian rouble	57,7651
THB	Thai baht	37,158
BRL	Brazilian real	3,4312
MXN	Mexican peso	17,3313
INR	Indian rupee	70,9961

Points	Geographical coordinates
Points	Longitude E measured from the Monte Mario meridian	Latitude N
a	0°29′	43°45′
b	0°38′	43°45′
c	0°38′	43°44′
d	0°40′	43°44′
e	0°40′	43°43′
f	0°43′	43°43′
g	0°43′	43°40′
h	0°40′	43°40′
i	0°40′	43°38′
l	0°29′	43°38′

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2015/C 147/03	Notice of initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China	4
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2015/C 147/04	Prior notification of a concentration (Case M.7605 — Equistone Partners Europe/Groupe Averys) — Candidate case for simplified procedure ( 1 )	9
2015/C 147/05	Prior notification of a concentration (Case M.7611 — IDeA/IP/Hunt/Corin) — Candidate case for simplified procedure ( 1 )	10
	OTHER ACTS
	European Commission
2015/C 147/06	Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	11
2015/C 147/07	Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	16


	(1) Text with EEA relevance