20.6.2015

Official Journal of the European Union

C 204/3

THE ETHICS FRAMEWORK OF THE ECB

(This text replaces the text published in the Official Journal C 40 of 9 February 2011, p. 13)

(2015/C 204/04)

I. THE CONDITIONS OF EMPLOYMENT FOR STAFF OF THE ECB AS REGARDS THE ETHICS FRAMEWORK

Article 3

The conduct of members of staff shall neither undermine their professional independence and impartiality nor harm the ECB’s reputation. Members of staff shall comply with the provisions of the ECB’s ethics framework and in particular:

(a)	respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution;

(b)	perform their duties conscientiously, honestly and without regard to self-interest or national interests;

(c)	avoid situations that give or may be perceived to give rise to conflicts of interest, including those arising from subsequent occupational activities;

(d)	adhere to the highest standards of professional ethics and act with loyalty to the Union and the ECB;

(e)	respect the ECB’s rules on private financial transactions;

(f)	adhere to the ECB’s rules on dignity at work.

Members of staff shall continue to be bound by these obligations while on leave from the ECB.

Article 4

With due regard to Article 37 of the Statute of the European System of Central Banks and of the European Central Bank, members of staff shall refrain, even after their duties have ceased, from making unauthorised disclosure of any information that they have received in the performance of their duties, unless that information has already been made public.

Article 4a

Members of staff shall not, without prior authorisation from the Executive Board, disclose on any grounds whatsoever, in any administrative or legal proceedings, information of which they have knowledge by reason of their professional duties. The ECB shall authorise disclosure if (a) such disclosure is compatible with the interests of the ECB, and (b) refusal to authorise disclosure would give rise to criminal consequences for the member of staff concerned. Authorisation to make disclosure shall not be necessary if a member of staff is summoned to give evidence before the Court of Justice of the European Union in proceedings between the ECB and current or former staff.

Article 4b

Under the conditions laid down in the Staff Rules, certain members of staff who intend to engage in a new occupational activity after the end of their employment with the ECB shall refrain for a specified period from engaging in an occupational activity that could lead to a conflict with the interests of the ECB (cooling-off period).

Article 36a

Under the conditions laid down in the Staff Rules, members of staff who, following the end of their employment with the ECB, are prohibited as a result of their cooling-off period from taking up a specific occupational activity and who cannot find a suitable alternative occupational activity and are as a result unemployed, shall be entitled to the following benefits for the duration of the prohibition on undertaking the activity and as long as they remain unemployed:

(a)

a special monthly allowance equal to:

—	80 % of the last basic salary for the first year,

—	60 % of the last basic salary for the year thereafter;

(b)	household and child allowances;

(c)	cover under the ECB medical scheme and accident insurance scheme.

The above benefits shall replace the unemployment benefits (…) and are complementary to any other benefits of the same nature provided by other sources, including unemployment benefits. Members of staff shall claim and declare such benefits, which shall be deducted from those payable by the ECB.

The above benefits shall not be payable to members of staff on retirement.

II. THE CONDITIONS OF SHORT-TERM EMPLOYMENT FOR STAFF OF THE ECB AS REGARDS THE ETHICS FRAMEWORK

Article 2

The conduct of short-term contract employees shall neither undermine their professional independence and impartiality nor harm the ECB’s reputation. Short-term contract employees shall comply with the provisions of the ECB’s ethics framework laid down in the Staff Rules and in particular:

(a)	respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution;

(b)	perform their duties conscientiously, honestly and without regard to self-interest or national interests;

(c)	avoid situations that give or may be perceived to give rise to conflicts of interest, including those arising from subsequent occupational activities;

(d)	adhere to the highest standards of professional ethics and act with loyalty to the Union and the ECB;

(e)	respect the ECB’s rules on private financial transactions;

(f)	adhere to the ECB’s rules on dignity at work.

Short-term contract employees shall continue to be bound by these obligations while on leave from the ECB.

Article 3

With due regard to Article 37 of the Statute of the European System of Central Banks and of the European Central Bank, short-term contract employees shall refrain, even after their duties have ceased, from making unauthorised disclosure of any information that they have received in the performance of their duties, unless that information has already been made public.

Article 4

Short-term contract employees shall not, without prior authorisation from the Executive Board, disclose on any grounds whatsoever, in any administrative or legal proceedings, information of which they have knowledge by reason of their professional duties. The ECB shall authorise disclosure if (a) such disclosure is compatible with the interests of the ECB, and (b) refusal to authorise disclosure would give rise to criminal consequences for the short-term contract employee concerned. Authorisation to make disclosure shall not be necessary if a short-term contract employee is summoned to give evidence before the Court of Justice of the European Union in proceedings between the ECB and current or former staff.

Article 4a

Under the conditions laid down in the Staff Rules, certain short-term contract employees who intend to engage in a new occupational activity after the end of their employment with the ECB shall refrain for a specified period from engaging in an occupational activity that could lead to a conflict with the interests of the ECB (cooling-off period).

Article 31a

Under the conditions laid down in the Staff Rules, short-term contract employees who, following the end of their employment with the ECB, are prohibited as a result of their cooling-off period from taking up a specific occupational activity and who cannot find a suitable alternative occupational activity and are as a result unemployed, shall be entitled to the following benefits for the duration of the prohibition on undertaking the activity and as long as they remain unemployed:

(a)

a special monthly allowance equal to:

—	80 % of the last basic salary for the first year,

—	60 % of the last basic salary for the year thereafter;

(b)	cover under the ECB medical scheme and accident insurance scheme.

The above benefits are complementary to any other benefits of the same nature provided by other sources, including unemployment benefits. Short-term contract employees shall claim and declare such benefits, which shall be deducted from those payable by the ECB.

The above benefits shall not be payable to short-term contract employees on retirement.

III. PART 0 OF THE ECB STAFF RULES AS REGARDS THE ETHICS FRAMEWORK

0.1. General provisions and principles

0.1.1.

The privileges and immunities enjoyed by members of staff under the Protocol on the Privileges and Immunities of the European Union are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the applicable laws and police regulations. Whenever privileges and immunities are in dispute, the members of staff concerned shall immediately inform the Executive Board.

0.1.2.

In principle, members of staff who are seconded to the ECB or on leave from another organisation or institution in order to work for the ECB on the basis of an ECB employment contract shall be integrated into the staff of the ECB, shall have the same obligations and rights as other staff, and shall perform their professional duties solely for the ECB’s benefit.

0.2. Independence

0.2.1. Conflicts of interest

0.2.1.1.

Members of staff shall avoid conflicts of interest when performing their professional duties.

0.2.1.2.

A ‘conflict of interest’ means a situation where members of staff have personal interests that may influence or appear to influence the impartial and objective performance of their professional duties. ‘Personal interests’ means any benefit or potential benefit, of a financial or non-financial nature, for members of staff, their family members, their other relatives or their circle of friends and close acquaintances.

0.2.1.3.

Members of staff who become aware of a conflict of interest when performing their professional duties shall immediately inform their line manager thereof. The line manager may initiate any appropriate measures to avoid such conflict of interest after having sought the advice of the Compliance and Governance Office. If the conflict cannot be solved or mitigated by other appropriate measures, the line manager may relieve staff from responsibility for the relevant matter. If the conflict of interest is related to a procurement process, the line manager shall inform the Central Procurement Office or the Procurement Committee, as applicable, which shall then decide on the measures to be taken.

0.2.1.4.

Prior to a candidate’s appointment, the ECB shall in accordance with the rules on the selection and appointment of candidates assess whether there may be a conflict of interest resulting from the candidate’s previous occupational activities or their close personal relationship to members of staff, members of the Executive Board or members of other internal bodies of the ECB. The Selection Committee or the manager responsible for proposing the appointment shall seek the advice of the Compliance and Governance Office if they identify a conflict of interest.

0.2.2. Gifts and hospitality

0.2.2.1.

Members of staff may neither solicit nor accept for themselves or any other person any advantage connected in any way with their employment with the ECB.

0.2.2.2.

An ‘advantage’ is any gift, hospitality or other benefit of a financial or non-financial nature which objectively improves the financial, legal or personal situation of the recipient or any other person and to which the recipient is not entitled by law. Minor hospitality offered during a work-related meeting shall not be considered as an advantage. An ‘advantage’ is considered connected with a recipient’s employment with the ECB if it is offered on the basis of the recipient’s position with the ECB, rather than on a personal basis.

0.2.2.3.

As an exception to Article 0.2.2.1, and provided they are not frequent and not from the same source, the following may be accepted:

(a)

hospitality offered by the private sector with a value of up to EUR 50 if it is offered in the context of a work-related occasion. This exception shall not apply to hospitality offered by current or potential suppliers or by credit institutions in the context of on-site inspections or audits undertaken by the ECB, in which cases no hospitality may be accepted;

(b)	advantages offered by other central banks, national public bodies or European and international organisations which do not go beyond what is customary and considered appropriate;

(c)	advantages offered in specific circumstances in which their rejection would have caused an offence or put the professional relationship at serious risk.

0.2.2.4.

Members of staff shall register with the Compliance and Governance Office without undue delay

(a)	any advantage accepted in accordance with Article 0.2.2.3 (c);

(b)	any advantage whose value cannot be clearly established to be under the thresholds provided for in Article 0.2.2.3;

(c)	any offer of third parties of advantages the acceptance of which is prohibited.

Members of staff shall hand over to the ECB any gifts accepted in accordance with Article 0.2.2.3(c). Such gifts shall become the ECB’s property.

0.2.2.5.

The acceptance of an advantage shall not, in any event, impair or influence the objectivity and freedom of action of staff.

0.2.3. Procurement

Members of staff shall ensure the proper conduct of procurement procedures by maintaining objectivity, neutrality and fairness, and ensuring the transparency of their actions. Members of staff shall in particular comply with all general and specific rules related to avoiding and reporting conflicts of interest, the acceptance of advantages and professional secrecy.

Members of staff shall only communicate with suppliers participating in a procurement procedure through official channels and shall communicate with them in writing, wherever possible.

0.2.4. Awards, honours and decorations

Members of staff shall obtain authorisation from the Compliance and Governance Office before accepting awards, honours or decorations in connection with their work for the ECB.

0.2.5. Prohibition of payment from third parties for the performance of professional duties

Members of staff shall not accept for themselves any payments from third parties in respect of the performance of their professional duties. If payments are offered from third parties, they shall be made to the ECB.

Activities that relate to ECB tasks or the member of staff’s responsibilities are presumed to be part of the overall professional duties of the member of staff. In case of doubt, the responsible line manager shall assess and decide whether an activity is to be considered a professional duty.

0.2.6. External activities

0.2.6.1.

Members of staff shall obtain written authorisation before engaging in an external activity that is of an occupational nature or goes otherwise beyond what can be reasonably considered a leisure activity.

The Director-General Human Resources, Budget and Organisation or their Deputy, after consulting the Compliance and Governance Office and the relevant line manager(s), shall grant such authorisation if the external activity does not in any way impair the performance of the member of staff’s professional duties towards the ECB and does not constitute a likely source of conflict of interest.

Such authorisation shall be granted for a maximum of five years at a time.

0.2.6.2.

As an exception to Article 0.2.6.1, no authorisation shall be required for external activities that are:

(i)	unremunerated, and

(ii)	in the domain of culture, science, education, sport, charity, religion, social or other benevolent work, and

(iii)

not related to the ECB or the member of staff’s professional duties at the ECB.

0.2.6.3.

Without prejudice to Articles 0.2.6.1 and 0.2.6.2 above, members of staff may engage in political and trade union activities, but in doing so shall not make use of their position at the ECB and shall explicitly state that their personal views do not necessarily reflect those of the ECB.

0.2.6.4.

Members of staff who intend to stand for or who are elected or appointed to public office shall notify the Director-General Human Resources, Budget and Organisation or their Deputy, who shall decide, after consulting the Compliance and Governance Office, having regard to the interest of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out the duties of the office, whether the member of staff concerned:

(a)	should be required to apply for unpaid leave on personal grounds;

(b)	should be required to apply for annual leave;

(c)	may be authorised to discharge their professional duties on a part-time basis;

(d)	may continue to discharge their professional duties as before.

If a member of staff is required to take unpaid leave on personal grounds or is authorised to discharge their professional duties on a part-time basis, the period of such unpaid leave or part-time work arrangement shall correspond to the member of staff’s term of office.

0.2.6.5.

Members of staff shall perform external activities outside working hours. On an exceptional basis, the Director-General Human Resources, Budget and Organisation or their Deputy may authorise derogations from this rule.

0.2.6.6.

The Director-General Human Resources, Budget and Organisation or their Deputy may, at any time and after consulting the Compliance and Governance Office and hearing the member of staff, where possible, require the member of staff to terminate external activities that may in any way impair the performance of the member of staff’s professional duties towards the ECB or constitute a likely source of conflict of interest, even if previously authorised. If so required, members of staff shall be granted a reasonable period of time to terminate the external activities, unless an immediate cessation of such activities is necessary in the interest of the service.

0.2.7. Gainful occupation of a spouse or recognised partner

Members of staff shall inform the Compliance and Governance Office of any gainful occupational activity of their spouse or recognised partner that may lead to a conflict of interest. Should the nature of the occupational activity lead to a conflict of interest with the professional duties of the member of staff, the Compliance and Governance Office shall first inform and advise the responsible line manager with regard to the appropriate measures to be initiated to mitigate the conflict of interest, including, if necessary, relieving of the member of staff from responsibility for the relevant matter.

0.2.8. Post-employment restrictions

Negotiating prospective occupational activities

0.2.8.1.

Members of staff shall behave with integrity and discretion in any negotiations concerning prospective occupational activities. They shall inform the Compliance and Governance Office if the nature of the occupational activity may lead to a conflict of interest with the professional duties of the member of staff. If there is a conflict of interest, the Compliance and Governance Office shall inform and advise the responsible line manager with regard to the appropriate measures to be initiated to mitigate the conflict of interest, including, if necessary, relieving of the member of staff from responsibility for the relevant matter.

Notification obligations

0.2.8.2.

Members of staff and former members of staff shall notify the Compliance and Governance Office before accepting any occupational activity during the following notification periods:

(a)	members of staff at salary band I or above and involved in supervisory activities: two years from the date on which their involvement in supervisory activities ceased;

(b)	members of staff at salary bands F/G to H and involved in supervisory activities: six months from the date on which their involvement in supervisory activities ceased;

(c)	other members of staff at salary band I or above: one year from the date on which they were effectively relieved of their professional duties.

Cooling-off periods

0.2.8.3.

The following members of staff shall be subject to cooling-off periods:

(a)

members of staff who were during their employment with the ECB involved in supervisory activities for at least six months may only start working for:

(1)

a credit institution in the supervision of which they were directly involved after the expiry of:

(i)	one year if they are at salary band I or above (which may in exceptional circumstances be increased to up to two years in accordance with Article 0.2.8.7);

(ii)	six months if they are at salary band F/G to H

from the date on which their direct involvement in the supervision of the credit institution ceased;

(2)

a direct competitor of such a credit institution after the expiry of:

(i)	six months if they are at salary band I or above;

(ii)	three months if they are at salary band F/G to H

from the date on which their direct involvement in the supervision of the credit institution ceased;

(b)

members of staff at salary band I or above who worked in the Directorate-General Economics, the Directorate-General Research, the Directorate-General Macro-Prudential Policy and Financial Stability, the Directorate-General Market Operations, the Directorate Risk Management, the Directorate-General International and European Relations, the ECB Representation in Washington, the Directorate-General Secretariat (with the exception of DIV/IMS), the Counsel to the Executive Board, the Directorate-General Legal Services, the Directorates General Micro-Prudential Supervision I to IV or the Secretariat to the Supervisory Board for at least six months may only start working for a financial corporation established in the Union after the expiry of three months from the date on which their work in these business areas ceased;

(c)	members of staff at salary band K or above who worked in any other ECB business area for at least six months may only start working for a financial corporation established in the Union after the expiry of three months from the date on which their work in these business areas ceased;

(d)

members of staff at salary band I or above who were during their employment with the ECB engaged in payment systems oversight for at least six months may only start working for an entity in the oversight of which they were directly involved after the expiry of six months from the date on which their direct involvement in the oversight of the entity ceased;

(e)

members of staff at salary band I or above who were during their employment with the ECB directly involved in the selection of a supplier or the management of a contract with a supplier may only start working for such a supplier after the expiry of:

(1)	six months if the total value of the contract(s) with this supplier is more than EUR 200 000 but less than EUR 1 million;

(2)	one year if the total value of the contract(s) with this supplier is EUR 1 million or more

from the day on which their involvement ceased;

(f)

members of staff at salary band I or above may after their employment with the ECB only engage in lobbying and advocacy vis-à-vis the ECB on matters for which they were responsible during their employment with the ECB after the expiry of six months from the date on which their responsibilities for these matters ceased;

(g)

members of staff at salary band I or above who were during their employment with the ECB directly involved in a legal dispute or seriously conflictive relationship with another entity may only start working for such an entity or for any other party acting on behalf of that entity after the expiry of six months from the date on which their direct involvement ceased.

0.2.8.4.

If the envisaged occupational activity falls under two different cooling-off periods, the longer one shall apply.

0.2.8.5.

For members of staff whose employment with the ECB does not exceed four years the duration of the notification obligations and cooling-off periods set out in Articles 0.2.8.2 and 0.2.8.3 shall not exceed half of the duration of their employment with the ECB.

0.2.8.6.

Upon the request of a member of staff, the Executive Board may exceptionally waive or reduce the cooling-off periods laid down in Article 0.2.8.3, if there are particular circumstances that exclude conflicts of interest resulting from the subsequent occupational activity. The member of staff shall submit a reasoned request including supporting evidence to the Compliance and Governance Office for decision by the Executive Board within a reasonable period.

0.2.8.7.

If the cooling-off period set out in Article 0.2.8.3(a)(1)(i) applies, the Executive Board may in exceptional circumstances and upon a proposal from the Compliance and Governance Office decide to increase that cooling-off period up to a maximum of two years where conflicts of interest persist.

0.3. Professional Standards

0.3.1. Professional secrecy

Members of staff shall comply with the ECB’s rules on management and confidentiality of documents, in particular seek authorisation to make disclosure of information within and outside the ECB, where necessary.

0.3.2. Relations with external parties

0.3.2.1.

Members of staff shall be mindful of the ECB’s independence, reputation and the need to maintain professional secrecy. In the performance of their professional duties, members of staff shall neither seek nor take instructions from any government, authority, organisation or person outside the ECB. Members of staff shall inform their line manager of any attempt by a third party to influence the ECB in the performance of its tasks.

When expressing views on issues on which the ECB has not established a position, members of staff shall explicitly state that their personal views do not necessarily reflect those of the ECB.

0.3.2.2.

Members of staff shall maintain a high level of accessibility in their contacts with other European institutions, bodies, agencies and international organisations and be responsive and make themselves available for timely reactions.

Members of staff shall conduct their relations with their colleagues in the national central banks of the European System of Central Banks (ESCB) and the national competent authorities which participate in the single supervisory mechanism (SSM) in a spirit of close mutual cooperation, bearing in mind their obligations towards the ECB and the impartial role of the ECB within the ESCB.

0.3.2.3.

Members of staff shall maintain caution in their relations with interest groups and the media. Members of staff shall refer all requests for information by the general public or the media to the Directorate-General Communications and Language Services (DG/C) in accordance with the provisions laid down in the Business Practice Handbook. Members of staff shall refer all requests by the general public or the media for access to ECB documents to the Directorate-General Secretariat in accordance with the provisions laid down in the Business Practice Handbook.

0.3.2.4.

Members of staff who intend to speak at external conferences or seminars or consider contributing to external publications shall seek prior authorisation in accordance with the Business Practice Handbook and comply with the relevant provisions.

0.3.2.5.

Articles 0.3.2.3 and 0.3.2.4 shall not apply to staff representatives with regards to matters falling within their mandate. Staff representatives may inform DG/C about any media contacts, speeches or external publications in good time. Their duty of loyalty and professional secrecy obligations shall remain fully applicable in all cases.

0.3.3. In-house relations

0.3.3.1.

Members of staff shall comply with their managers’ instructions and with applicable reporting lines. If members of staff consider that an instruction given to them is irregular, they shall inform their line manager of their concerns, or, if they consider that the line manager has not sufficiently addressed their concerns, their Director-General, Director or their Deputy. If the instruction is confirmed by the Director-General, Director or their Deputy in writing, members of staff shall execute such instruction unless it is manifestly illegal.

0.3.3.2.

Members of staff shall not require other staff to perform private tasks for them or for others.

0.3.3.3.

Members of staff shall behave loyally towards their colleagues. In particular, members of staff shall neither withhold from other members of staff information that may affect the conduct of business, particularly to gain a personal advantage, nor provide false, inaccurate or exaggerated information. Moreover, they shall not obstruct or refuse to cooperate with colleagues.

0.3.4. Respect of the principle of separation between supervisory and monetary policy functions

Members of staff shall respect the principle of separation between supervisory and monetary policy functions as specified in the rules implementing this principle.

0.4. Private financial transactions

0.4.1. General principles

0.4.1.1.

Members of staff shall employ utmost caution and care when making private financial transactions for their own account or for the account of a third party to safeguard the reputation and credibility of the ECB as well as public confidence in the integrity and impartiality of its staff. Their private financial transactions shall be non-speculative, restrained and in reasonable proportion to their income and wealth in order not to put their financial independence at risk.

0.4.1.2.

The Compliance and Governance Office may issue binding guidelines for the interpretation and application of this Article. Subject to the approval by the Executive Board, the Compliance and Governance Office may in particular specify further private financial transactions which shall be prohibited or subject to prior authorisation under Articles 0.4.2.2 and 0.4.2.3 if such transactions are or may be perceived to be in conflict with the ECB’s operations. The Compliance and Governance Office shall publish such guidelines by appropriate means.

0.4.1.3.

Members of staff shall be prohibited from using or attempting to use information which pertains to the activities of the ECB, national central banks, national competent authorities or the European Systemic Risk Board, and which has not been made public or is not accessible to the public (hereinafter ‘inside information’), to further their own or another’s private interests.

Members of staff are specifically prohibited from taking advantage of inside information in any private financial transaction or in recommending or advising against such transactions.

0.4.1.4.

In case of doubt as regards the interpretation of this Article, members of staff shall seek the advice of the Compliance and Governance Office before engaging in a private financial transaction.

0.4.2. Categories of private financial transactions

Without prejudice to the general obligations laid down in Articles 0.4.1 and 0.4.3, members of staff shall comply with the rules applicable to the following categories:

(a)	exempt private financial transactions;

(b)	prohibited private financial transactions;

(c)	private financial transactions subject to prior authorisation;

(d)	private financial transactions subject to ex post reporting.

0.4.2.1. Exempt private financial transactions

Without prejudice to the general obligations laid down in Articles 0.4.1 and 0.4.3, members of staff may make the following private financial transactions without being subject to any restrictions or notification obligations:

(a)

purchase or sale of units in a collective investment scheme in respect of which the member of staff has no influence on the investment policy, except schemes whose main purpose is to invest in assets falling under Articles 0.4.2.2(b) and 0.4.2.3(b) and (c), as well as funds transfers and foreign exchange transactions directly connected with such purchase or sale;

(b)	purchase or redemption of insurance policies or annuities;

(c)	purchase or sale of foreign exchange for the occasional acquisition of non-financial investments or assets, for private travel purposes, or to cover current or future personal expenses in a currency other than that in which the salary of the member of staff is paid;

(d)	expenditures, including purchase or sale of non-financial investments or assets including real estate;

(e)	arrangement of mortgages;

(f)	transfer of funds from a member of staff’s current or savings account held in any currency to another current or savings account owned by them or a third party;

(g)	other private financial transactions which are neither prohibited nor subject to prior authorisation and the value of which does not exceed EUR 10 000 within any given calendar month. Members of staff shall not split up private financial transactions in order to circumvent this threshold.

0.4.2.2. Prohibited private financial transactions

Members of staff shall not make any of the following private financial transactions:

(a)	transactions relating to or with either a private legal entity or individuals with whom the member of staff has an on-going professional relationship on behalf of the ECB;

(b)

transactions concerning (i) individual marketable bonds and shares issued by financial corporations (except central banks) established or having a branch in the Union; (ii) derivative instruments related to such bonds and shares; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such bonds, shares or instruments.

0.4.2.3. Private financial transactions subject to prior authorisation

Members of staff shall request the authorisation of the Compliance and Governance Office before making the following financial transactions:

(a)

short-term trading, i.e. the sale or purchase of assets with the same International Securities Identification Number (ISIN) which have been purchased or sold within the previous month. No authorisation is required if the subsequent sale is made in execution of a stop-loss order which the member of staff has given to their broker;

(b)

transactions exceeding EUR 10 000 within any given calendar month in (i) government securities issued by euro area Member States; (ii) derivative instruments related to such government securities; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such securities or instruments;

(c)

transactions exceeding EUR 10 000 within any given calendar month in (i) gold and gold-related derivative instruments (including gold-indexed securities); (ii) shares, bonds or related derivative instruments issued by companies whose principal business is mining or producing gold; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such securities and instruments;

(d)	foreign exchange transactions other than those listed in Article 0.4.2.1(c) and exceeding EUR 10 000 within any given calendar month.

0.4.2.4. Private financial transactions subject to ex post reporting

Members of staff shall report to the Compliance and Governance Office any private financial transaction exceeding EUR 10 000 within any given calendar month which does not fall under one of the previous three categories within 30 calendar days after its execution. The Compliance and Governance Office shall define the information to be reported, the reporting format and the procedure.

The obligation to report shall apply in particular to:

(a)	loans other than mortgages (including switching from a fixed to a floating arrangement, or vice-versa, or extending an existing loan). Members of staff shall indicate whether the loan is used for the acquisition of financial instruments;

(b)	interest rate-related derivatives and derivatives based on indices;

(c)	purchases or sales of shares of corporations other than the ones set out in Article 0.4.2.2(b) and bonds issued by such corporations.

0.4.2.5. Existing assets resulting from prohibited transactions

Members of staff may keep assets resulting from transactions within the meaning of Article 0.4.2.2:

(a)	which they hold at the moment when they become subject to the restrictions laid down in Article 0.4;

(b)	which they acquire at a later point in time without action by them, in particular by way of inheritance, gift, change in their family status, or as a result of a change in the capital structure or a change of control of the entity in which the member of staff holds the assets or rights;

(c)	which they acquired at a time when the transaction was not yet prohibited.

Members of staff may dispose of or exercise any rights attached to those assets subject to prior authorisation by the Compliance and Governance Office.

Members of staff shall seek the Compliance and Governance Office’s advice if keeping these assets may create a conflict of interest. In such a case, the Compliance and Governance Office may request the member of staff to dispose of such assets within a reasonable period of time, if such disposal is necessary to avoid a conflict of interests.

0.4.2.6. Request for authorisation

Any request for authorisation in accordance with Article 0.4.2.3 or 0.4.2.5 shall be submitted to the Compliance and Governance Office at least five working days prior to the envisaged order date in the format specified by the Compliance and Governance Office. The Compliance and Governance Office shall decide on the request within five working days considering in particular and where relevant: (a) the professional duties of the member of staff and their access to relevant inside information; (b) the speculative/non-speculative nature of the transaction; (c) the amounts involved, if indicated; (d) the reputational risk for the ECB; (e) the timing, in particular the proximity to a meeting of the ECB’s decision-making bodies. The Compliance and Governance Office may make an authorisation subject to certain conditions. If the Compliance and Governance Office does not react to a request for authorisation within five working days, the transaction shall be deemed to be authorised.

0.4.2.7. Discretionary asset management by a third party

Financial transactions shall be exempted from the restrictions laid down in Articles 0.4.2.2 to 0.4.2.6 to the extent that they are made by a third party to whose discretion the member of staff has entrusted the management of their private financial transactions under a written asset management agreement. This exemption is subject to the authorisation by the Compliance and Governance Office. The authorisation shall be granted if evidence is provided that the terms and conditions ensure that the member of staff cannot directly or indirectly influence any management decision to be taken by the third party. The member of staff shall inform the Compliance and Governance Office about any change to the terms and conditions of the asset management agreement.

0.4.3. Compliance monitoring

0.4.3.1.

Members of staff shall provide the Compliance and Governance Office with a current list of:

(a)	their bank accounts, including shared accounts, custody accounts, credit card accounts and accounts with stockbrokers; and

(b)

any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts. Members of staff may only hold and use powers of attorney for third party bank accounts where they are allowed to make available to the ECB the relevant records in line with Article 0.4.3.2.

Members of staff shall keep this list up-to-date.

0.4.3.2.

In view of their reporting obligations under Article 0.4.3, members of staff shall keep records for the previous and current calendar years of all of the following:

(a)	account statements for all accounts listed in Article 0.4.3.1;

(b)	any sale or purchase of financial assets or rights made by members of staff or third parties at the risk and for the account of members of staff or made by members of staff at the risk and for the account of third parties;

(c)	the conclusion or the amendment of mortgages or other loans at their own risk and for their own account, or by them at the risk and for the account of others;

(d)	their dealings in relation to retirement plans, including the ECB’s Pension Scheme and Retirement Plan;

(e)	any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts;

(f)	the terms and conditions of any written asset management agreement as defined in Article 0.4.2.7 and of amendments to such agreement.

0.4.3.3.

Subject to the approval of the Executive Board, the Compliance and Governance Office may request an external service provider to carry out:

(a)	regular compliance checks covering a certain percentage of members of staff as determined by the Compliance and Governance Office; and

(b)	ad-hoc compliance checks focusing either on a specific group of members of staff or on specific types of transactions.

For the purpose of such compliance checks, the Compliance and Governance Office may request the members of staff concerned to provide, for a period of time to be specified, the records listed in Article 0.4.3.2 in a sealed envelope for onward transmission to the external service provider. Members of staff shall provide such records within the time limit set by the Compliance and Governance Office.

0.4.3.4.

Without prejudice to Article 0.4.3.5, the external service provider shall treat all information and documentation received in strictest confidence and shall use it only for the purpose of carrying out compliance checks.

0.4.3.5.

If the external service provider identifies evidence giving rise to a suspicion of a breach of professional duties by a member of staff or a breach of contractual duties by an external person working for the ECB and subject to the restrictions laid down in Article 0.4 by way of their contract, they shall report such a potential breach together with the supporting documentation to the Compliance and Governance Office. The Compliance and Governance Office shall assess the potential breach and, if the suspicion is substantiated, report it to the competent body or business area(s) for further investigations, if necessary, or disciplinary follow-up. The report of the external service provider, including the supporting documentation submitted in accordance with the rules above, may be part of any subsequent internal and/or external proceedings.

0.4.3.6.

The obligations of members of staff under Article 0.4.3 shall continue to apply until the end of the calendar year following the year in which their employment ended. The prohibition to use inside information laid down in Article 0.4.1.3 shall continue to apply as long as the information has not been made public.

0.5. Dignity at work

0.5.1. Members of staff shall respect the dignity of their colleagues and refrain from any inappropriate behaviour that demeans others. They shall show sensitivity to and respect for others.

0.5.2. Definitions

For the purpose of the ethics framework, the following definitions shall apply:

1.	‘Dignity at work’ means the absence of inappropriate behaviour. Inappropriate behaviour means any form of direct or indirect discrimination, physical violence, psychological harassment (also referred to as bullying or mobbing) and sexual harassment.

2.	‘Direct discrimination’ shall be taken to occur where one person, because of their nationality, gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, is, has been or would be treated less favourably than another person in a comparable situation.

‘Indirect discrimination’ shall be taken to occur where an apparently neutral provision, criterion or practice would put a person at a particular disadvantage on the grounds of nationality, gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation compared to another person, unless the provision, criterion or practice is objectively justified.

4.	‘Physical violence’ means the intentional use of physical force or the threat of physical force against another person that results in physical, sexual or psychological harm.

‘Psychological harassment’ means any improper conduct that takes place over a period, is repetitive or systematic and involves physical behaviour, spoken or written language, gestures or other intentional acts that may undermine the personality, dignity or physical or psychological integrity of any person.

6.	‘Sexual harassment’ means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment.

The inappropriateness of the behaviour shall be assessed objectively from the perspective of a reasonable third party.

0.5.3. Procedures

0.5.3.1.

Members of staff that consider themselves to have been the target of inappropriate behaviour may have recourse to both an informal procedure and a formal procedure. Members of staff initiating any such procedure shall not suffer any negative consequences therefor unless in the context of the procedure they are found to have made deliberately false or malicious complaints.

0.5.3.2.

Informal procedure

Under the informal procedure, the member of staff concerned may:

(a)	approach the alleged wrongdoer directly;

(b)	involve a trusted person of their choice including a staff representative;

(c)	involve their line manager for immediate management action; or

(d)	involve the Social Counsellor.

0.5.3.3.

Formal procedure

If the member of staff concerned considers that the informal procedure is not appropriate or if the informal procedure has not been successful, the member of staff concerned may request the Director-General Human Resources, Budget and Organisation or their Deputy to take appropriate (interim) measures. The Director-General or their Deputy shall treat such requests rapidly, seriously and confidentially. If necessary, the Director-General or their Deputy may report the matter to the competent body to decide whether to initiate an internal administrative inquiry.

0.5.3.4.

Managers who become aware of inappropriate behaviour which cannot be addressed properly by immediate management action shall report such behaviour without undue delay to the Director-General Human Resources, Budget and Organisation or their Deputy who shall decide on the follow-up in line with Article 0.5.3.

0.5.3.5.

Other members of staff who become aware of inappropriate behaviour may report such behaviour to their line manager or, if need be, directly to the Director-General Human Resources, Budget and Organisation or their Deputy. The rules on the protection of staff reporting breaches of professional duties shall apply accordingly.

0.6. Use of ECB resources

Members of staff shall respect and protect ECB property. All equipment and facilities, whatever their nature, are provided by the ECB for official use only, unless private use is permitted either according to the relevant internal rules in the Business Practice Handbook or under special authorisation by the Director-General Human Resources, Budget and Organisation or their Deputy. Members of staff shall take all reasonable and appropriate measures to limit costs, so that the available resources can be used most efficiently.

0.7. Implementation

0.7.1.

Without prejudice to Article 0.4.2, the Compliance and Governance Office, together with the Director-General Human Resources, Budget and Organisation or their Deputy, may issue guidelines on the interpretation and application of the ethics framework.

0.7.2.

Members of staff may request the Compliance and Governance Office, or the Director-General Human Resources, Budget and Organisation or their Deputy in cases where they are competent to decide, to provide guidance on any matter related to their compliance with the ethics framework. Staff conduct that fully complies with the advice given by the Compliance and Governance Office or the Directorate-General Human Resources, Budget and Organisation shall be presumed to comply with the ethics framework and shall not give rise to any disciplinary procedure. Such advice shall not, however, release staff from any liabilities under national law.

20.6.2015

Official Journal of the European Union

C 204/20

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

(2015/C 204/08)

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).

PRODUCT SPECIFICATION OF A TRADITIONAL SPECIALITY GUARANTEED

‘JĀŅU SIERS’

EU No: LV-TSG-0007-01264 – 09.10.2014

LATVIA

1. Name to be registered

‘Jāņu siers’

2. Type of product

Class 1.3 Cheese

3. Grounds for registration

3.1. Whether the product

—

☒ results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff

—

☐ is produced from raw materials or ingredients that are those traditionally used.

The method of preparation, recipe, appearance, colour and taste give ‘Jāņu siers’ its traditional character, which has remained unchanged for tens or even hundreds of years.

‘Jāņu siers’ is a fresh sour-milk cheese prepared as follows: milk is curdled using only the yeast of lactic acid bacteria or curds. ‘Jāņu siers’ is produced from milk and curds; these are heated to remove the whey, and butter or cream, eggs, salt and caraway seeds are added to what is left. The resulting mass is heated and intensively stirred until a homogeneous consistency is obtained.

3.2. Whether the name

—

☒ has been traditionally used to refer to the specific product

—

☐ identifies the traditional character or specific character of the product

Jāņi is the Latvian festival most rich in traditions and celebrates the summer solstice. Many traditions are associated with Jāņi, such as the weaving of wreaths, decorating the home with flowers, herbs and grasses traditionally picked during Jāņi, singing, lighting bonfires and preparing special foods. When German crusaders arrived on the shores of the Baltic Sea in the 12th century, they were taken aback by the scale of the festivities taking place around the bonfires on the night of Jāņi. Beer and ‘Jāņu siers’ are an integral part of celebrations on the night of Jāņi. The name ‘Jāņu siers’ being given to the cheese eaten during the summer solstice celebrations (Jāņi) is recorded in Latvian folk-songs, considered to be a treasure trove of Latvian oral folklore; these were collected, arranged and edited by Krišjānis Barons between 1894 and 1915 in his work Latvju dainas.

4. Description

4.1. Description of the product to which the name under point 1 applies, including its main physical, chemical, microbiological or organoleptic characteristics showing the product’s specific character (Article 7(2) of this Regulation)

‘Jāņu siers’ is a sour-milk cheese with a clean, lactic-acid flavour and aroma, and the pronounced associated flavour and aroma of caraway seeds.

‘Jāņu siers’ is in the form of a low cylinder, with a diameter of 8-30 cm and a height of 4-6 cm. The colour of the cheese ranges from pale yellow to yellow.

The cheese is moderately salty. Its consistency is soft, compact, slightly grainy and homogeneous throughout. Appearance in cross-section: without eye-holes, although gaps and dense areas in the mass may be present, visibly even distribution of caraway seeds.

Chemical properties:

—	Fat in dry matter: no more than 30 %

—	Maximum water content: no more than 58 %

—	Salt content 1,2-1,8 %

4.2. Description of the production method of the product to which the name under point 1 applies that the producers must follow including, where appropriate, the nature and characteristics of the raw materials or ingredients used, and the method by which the product is prepared (Article 7(2) of this Regulation)

The following ingredients are required to produce 10 kg of ‘Jāņu siers’:

—	28-50 litres of skimmed milk,

—	10-13 kg of skimmed milk curds,

—	1,0-1,2 kg of butter (82 % fat) or 2,5 l cream (35 % fat),

—	0,6-1,0 kg of egg pulp (without shells),

—	40-50 g of caraway seeds,

—	100-120 g of cooking salt.

—	Food colouring (beta-carotene) may also be added.

Preparation method:

—	the milk is heated in a pan (to 85-90 °C) but not boiled.

—	The crumbled curd is added to the hot milk. Stirring continues until the mixture is heated to 65-85 °C. Stirring continues until the milk has completed curdled and the whey begins to separate.

—	During the heating process the curds change in structure and become slightly stretchy.

—	The whey is drained off.

—

The cheese mass if placed back into the pan. The egg mix, butter or cream, caraway seeds and salt are added and the mixture heated to 65-70 °C (stirring continues) until the cheese mass comes away from the sides of the pan (approximately 15-30 minutes) and becomes a homogeneous mass with a slightly elastic consistency.

—	The cheese mass is placed into moulds and left in a cool place for at least 1-2 hours. Remove the cheese from the moulds, allow to dry, and pack.

Although the demand for ‘Jāņu siers’ is highest around the summer solstice, it is produced all year round

4.3. Description of the key elements establishing the product's traditional character (Article 7(2) of this Regulation)

The uniqueness of ‘Jāņu siers’ lies in its traditional production methods and ingredients and its shape and colour, all of which have remained unchanged for hundreds of years.

Traditional ingredients

‘Jāņu siers’ is made from milk and curds, to which butter or cream, eggs, salt and caraway seeds are added. This is documented in many literary sources, which bring together historical information on recipes and preparation methods for ‘Jāņu siers’, including Latviešu svētki Latviešu Folkloras Krātuves materiāli, 1940; Latviešu pavāru grāmata; Muižas pavāriem par mācību visādus ēdienus gardi sataisīt un savārīt, Jelgava, 1796; Amols, M. Piens, sviests un siers un viņu apstrāde, Jelgava, 1899; Kļaviņa, A. Viesību galds, Riga: Liesma, 1971; Gustava, V., Jansone, I. Pavārgrāmata, Riga: Liesma, 1977; Masiļūne, N., Pasopa, A. Latviešu ēdieni, Riga: Avots, 1986; Ozola, L. Siera ražošanas tehnoloģija, Riga: Neo, 1997; Dumpe, L. Latviešu tradicionālā piensaimniecība; Piena produkti un piena ēdieni, Riga, 1998; Ozola, L. and Ciproviča, I. Piena pārstrādes tehnoloģijas, Jelgava: LLU, 2002; Praktiskā Jāņu grāmata, SIA Tautas mākslas centrs, 2004; Jāņu siers, Siera Klubs, 2004.

In his work on farming guidelines, published in the mid-nineteenth century, Kārlis Lepevičs emphasised that the cheese's distinctive flavours and consistency depend on the ingredients being used in the correct proportions. Henriete Dauderte's cookbook, published around this time, indicates along with other twentieth-century instructional books that more milk is added than curds, depending on the sourness of the curds, as adding more milk makes the cheese sweeter.

Shape and colour

The round shape of ‘Jāņu siers’ is significant and symbolic. Round-shaped foods are usually eaten at the time of the summer solstice as a symbolic representation of the sun. Likewise, the shape and colour of ‘Jāņu siers’ is associated with the symbolic representation of the sun. At summer solstice feasts, ‘Jāņu siers’ embodied both the creative energy of the sun and the plentiful and successful yield of dairy products. The roundness of ‘Jāņu siers’ symbolises the sun and the world; by cutting the cheese into pieces, each person takes a part of the sun's energy.

In many of the folk-songs contained in Krišjāņa Barons' work Latvju dainas (1894–1915) the tying of ‘Jāņu siers’ is presented as a special ritual: the cheese is wrapped so the knot is in the centre of the cheese round, and the folds of the fabric are arranged in such a way that even impressions are created in the surface of the cheese. The knot and the area around it creates the ‘Jāņu siera viducītis’[middle of the ‘Jāņu siers’] and the folds leave an impression resembling the sun's rays. The tying gives the cheese its shape, likened to a ‘round wheel’. This process is described in all literary descriptions of the preparation of ‘Jāņu siers’.

Preparation method

The soft, well-bound, slightly elastic and homogeneous consistency and mild flavour of ‘Jāņu siers’ are the result of skills developed over many years.

The preparation of curd is mentioned in documents of the Riga Jesuit College dating back to the late 16th century and early 17th century.

The recipe for ‘Jāņu siers’ is found in many books, e.g Kļaviņa, A. Viesību galds, Riga: Liesma, 1971; Gustava, V., Jansone, I. Pavārgrāmata, Riga: Liesma, 1977; Masiļūne, N., Pasopa, A. Latviešu ēdieni, Riga: Avots, 1986.

‘Jāņu siers’ has become a national treasure. It is a prominent and popular symbol of the cultural identity which Latvia presents to other countries. ‘Jāņu siers’ also has an important place in other major Latvian rites of passage and seasonal festivals.

For many years an annual dairy products show and competition has been held in Latvia. Every two years this also involves Latvian cheese producers competing for the honour of being the producer of the most traditional and tasty ‘Jāņu siers’. In 2003, at the annual ‘Latvijas novadu Siera diena’ [Latvian Regional Cheese Day] event, ‘Jāņu siers’ was highly commended and given the esteemed title of ‘Latvijas Sieru karalis’ [the ‘king’ of Latvian cheeses].

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

20.6.2015

Official Journal of the European Union

C 204/24

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 204/09)

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).

APPLICATION FOR APPROVAL OF NON-MINOR AMENDMENTS TO THE PRODUCT SPECIFICATION FOR A PROTECTED DESIGNATION OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATION

Application for approval of amendments in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘HUILE D’OLIVE DE NICE’

EU No: FR-PDO-0105-01278 — 17.11.2014

PDO ( X ) PGI ( )

1. Applicant group and legitimate interest

Syndicat interprofessionnel de l’olive de Nice

Box 58 MIN Fleurs 6

06296 Nice Cedex 3

FRANCE

Tel. +33 497257644

Fax +33 493176404

E-mail: aoc.olive@aocolivedenice.com

The Syndicat interprofessionnel de l’olive de Nice is made up of producers and processors of ‘Huile d’olive de Nice’ and it has a legitimate interest in submitting an amendment application.

2. Member State or Third Country

France

3. Headings in the product specification affected by the amendment(s)

—

☐ Name of product

—

☒ Description of product

—

☒ Geographical area

—

☒ Proof of origin

—

☒ Method of production

—

☐ Link

—

☒ Labelling

—

☒ Other: Checks

4. Type of amendment(s)

—

☒ Amendments to the product specification of a registered PDO or PGI which cannot be regarded as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

—

☐ Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be regarded as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

5. Amendment(s)

Description of product

The description of the product has been revised and supplemented.

In particular, it is specified that it is a ‘ripe fruity’ type of oil with a predominantly almond-like flavour. According to the results of tastings that have been organised for several years now and the work carried out by the Centre technique oléicole (CTO) of the Association française interprofessionnelle de l’oléiculture (AFIDOL), which has compiled the results of over 10 years of analyses, ‘Huile d’olive de Nice’ is characterised mainly by a flavour of (fresh or dry) almonds but also by secondary flavours such as raw artichoke, broom flower, hay, pastry and hints of lemon. These flavours complement those of dry fruits and ripe apple referred to in the specification submitted when applying to register the PDO.

Furthermore, in order to describe the product better, it is proposed that the maximum level of pungency be set at 2 and of bitterness at 1,5 according to the organoleptic scale of the International Olive Oil Council (IOOC). These thresholds have also been determined on the basis of the conclusions of the work carried out by the Centre technique oléicole (CTO).

The maximum free acidity content has been reduced to 1 g/100 g instead of 1,5 g/100 g, initially for the sake of preserving quality as well as possible.

The peroxide value of the olive oil when first marketed is restricted to 16 milliequivalents of oxygen peroxide for each kilogramme of olive oil in order to preserve the quality of the oil for the consumer.

The indication of the ‘virgin’ nature of the oil has been removed, as that quality relates solely to the analytical characteristics of the oil and ‘Huile d’olive de Nice’ may belong either to the ‘virgin’ or ‘extra virgin’ category.

Geographical area

In the specification, some errors identified in the names of municipalities belonging to the geographical area of the designation of origin have been corrected; however, these amendments do not alter the boundaries of the geographical area of production, which remain the same.

Furthermore, the various stages which must take place within the geographical area of the designation have been clarified: ‘All of the processes, from the production of the olives to their transformation into olive oil, are carried out within the defined geographical area’.

Moreover, the methods for identifying land parcels have been specified in accordance with the new national procedures.

Proof of origin

Owing to developments in national legislation and regulations, the section entitled ‘Evidence that the product originates in the defined geographical area’ has been consolidated to bring together provisions on declaration obligations and on the keeping of registers for tracing the product and monitoring production conditions.

That section has also been extended to include several provisions on registers and declaration documents, enabling traceability to be guaranteed and ensuring that product compliance with the requirements of the specification is monitored.

Method of production

Pollinator varieties

The amendment consists of removing the reference to the maximum quantity of olives obtained from pollinator varieties or old local varieties authorised for the production of oil and initially set at 5 % (which is identical to the number of trees obtained from these varieties in the orchards). Traditionally the olives in the orchards are harvested in one single visit, and the olive quantities picked from trees of pollinator varieties or old local varieties are usually included in the overall volume of olives brought to the mill to make the PDO oil and they are very small. In order to take account of this marginal presence of olives from pollinator varieties, the phrase ‘The oils must come exclusively from olives of the Cailletier variety.’ has been replaced with ‘The oils come from olives of the Cailletier variety.’

Finally, a definition has been added for ‘old local varieties’. They are ‘varieties planted before the frost of 1956 with a significant number of trees in the production area’.

Planting density

The amendment is intended to cater for the specific situation of olive trees planted on terraces compared to olive trees planted on flat land, as the majority of the PDO orchards are planted on steeply sloping land and this is indeed one of their specific characteristics. This form of planting does not hinder the trees’ root development and does not create competition for light, given that the land slopes. Therefore, we suggest taking the height of each terrace into account when calculating the required minimum distance between trees and not enforcing a minimum area of 24 m2 per tree in such cases.

The rules on the minimum distance between trees (set at 4 metres) have been clarified as regards trees planted on or after 27 April 2001 (date when the initial decree recognising the controlled designation of origin was published).

Intercropping

In accordance with local customs, fruit trees not considered to affect the product’s final quality may be grown in olive orchards provided that they do not represent more than 5 % of the total number of trees on the parcel in question.

Irrigation

We suggest setting an irrigation deadline to replace the initial provision authorising irrigation ‘until the colours begin to turn’, in so far as this is imprecise and the date when colours begin to turn may vary slightly by geographical sector (coastal or inland) within the geographical area, potentially creating inspection difficulties.

The deadline has therefore been set at 1 November.

Yield

The maximum authorised yield has been increased from 6 t/ha to 10 t/ha. The trees in recently planted orchards are now producing and the yield from such olive groves is close to 8-10 t/ha. In addition, it is not rare to find centuries-old olive orchards, and in such orchards, trees display significant branch growth and produce substantial olive yields. The increased professionalism of producers and the redevelopment of parcels also contribute to yield optimisation.

Moreover, the method for calculating yield has been specified in such a way that all scope for interpretation is avoided. It has therefore been stated that yield must be calculated with regard to the quantity harvested (and not the total production of the tree including olives that fall to the ground and are not collected or covered by the designation).

The age when trees start producing has been specified (at least 5 years old) to ensure that the olives in question are of sufficient quality.

Date of harvest

Initially, the harvest start date was set by order of the prefect based on a proposal from the competent authority.

Within the context of simplifying administrative procedures at national level, it is suggested that the Director of the INAO set this date based on a reasoned proposal from the group.

Harvesting

The phrase ‘shaking down the fruit by mechanical means’ has been replaced by ‘mechanical methods’. This drafting amendment does not change the different harvesting methods authorised for the PDO ‘Huile d’ olive de Nice’.

Health status of the olives used

According to the original wording of the specification, the olives delivered to the mill had to be ‘healthy’. The original wording has been amended in order, on the one hand, to specify the expected health status and, on the other, to inspect the olives used rather than those that are delivered. The provision is as follows:

‘The olives used are healthy. However, each batch may include a share of worm-infested, bird-pecked or congealed olives not exceeding 3 %. Mouldy or fermented olives are not covered by the designation of origin.’

Oil extraction process

In accordance with the general legislation on cold pressing, the maximum temperature of the olive paste during the oil extraction process has been reduced from 30 °C to 27 °C.

In the interests of clear drafting, the producers wanted to list all the different processes and treatments authorised when producing olive oil. The following have been added: leaf stripping, crushing, kneading, extraction by centrifuging or by pressing.

Storage conditions

In order to preserve the quality of the product when it is marketed, the following has been added:

‘“Huile d’olive de Nice” is stored in a food container in premises suited to the preservation of the product and protected from light, air and heat so as to maintain the characteristics of the product.’

Labelling

The wording of labels specifically referring to the designation has been brought into line with Regulation (EU) No 1151/2012.

Moreover, the European Union’s PDO logo and the words ‘appellation d’origine protégée’ or ‘A.O.P.’ are among the references that must be included on labels for products covered by the designation of origin ‘Huile d’olive de Nice’.

Other: inspection

In the light of changes to national legislation and rules, the section entitled ‘National requirements’ now contains a table indicating the main points to be checked, their reference values and the evaluation methods to be used.

SINGLE DOCUMENT

‘HUILE D’OLIVE DE NICE’

EU No: FR-PDO-0105-01278 — 17.11.2014

PDO ( X ) PGI ( )

1. Name(s)

‘Huile d’olive de Nice’

2. Member State or Third Country

France

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 the product to which the name in (1) applies

‘Huile d’olive de Nice’ is a ‘ripe fruity’ type of olive oil. It has a predominantly almond-like flavour. One or more of the following secondary flavours, in particular, may be present: raw artichoke, broom flowers, hay, leaves, grass, pastry, ripe apples, dry fruits and hints of lemon.

The pungency is less than or equal to 2 and the bitterness less than or equal to 1,5 according to the organoleptic scale of the International Olive Oil Council (IOOC).

The oil comes principally from the Cailletier variety.

The free acidity, expressed in terms of oleic acid, is less than or equal to 1 g/100 g of olive oil. The peroxide value is restricted to 16 milliequivalents of oxygen peroxide for each kilogramme of olive oil when first marketed.

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

The olive oil is made from olives obtained from orchards where not less than 95 % of the trees are of the Cailletier variety and not more than 5 % are of pollinator and ‘old local varieties’ (varieties planted before the frost of 1956 with a significant number of trees in the production area).

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

All of the processes, from the olives being grown to their transformation into olive oil, must be carried out in the defined geographical area.

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

—

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

In addition to the compulsory information provided for by legislation on the labelling and presentation of foodstuffs, protected designation of origin ‘Huile d’olive de Nice’ labels must include the following:

—

the name of the designation of origin, ‘Huile d’olive de Nice’ and the words ‘appellation d’origine protégée’ or ‘A.O.P’.

These details must all be in the same visual field.

They must be indicated in conspicuous, clearly legible and indelible characters of a sufficient size that stand out from the label on which they are printed so as to be clearly distinguishable from all other written or graphic information.

—	the European Union PDO logo.

4. Concise definition of the geographical area

The geographical area of production for ‘Huile d’olive de Nice’ is situated within the following municipalities of the Department of Alpes-Maritimes:

—	Aiglun, Antibes, Biot, Bouyon, Cannes, Clans, Conségude, Les Ferres, Malaussène, Mandelieu-la-Napoule, 2, Nice, Roquestéron-Grasse, La Tour, Tournefort, Vallauris and Villars-sur-Var,

—

the municipalities of the cantons of: Le Bar-sur-Loup (except the municipalities of Caussols and Courmes), Breil-sur-Roya, Cagnes-sur-Mer-Centre, Cagnes-sur-Mer-Ouest, Le Cannet, Carros, Contes, L’Escarène, Grasse-Nord, Grasse-Sud, Lantosque, Levens, Menton-Est, Menton-Ouest (except the municipality of Roquebrune-Cap-Martin), Mougins, Nice 13th canton, Roquebillière (except the municipality of Belvédère), Roquesteron, Saint-Laurent-du-Var-Cagnes-sur-Mer-Est, Saint-Vallier-de-Thiey (except the municipalities of Escragnolles and Saint-Vallier-de-Thiey), Sospel (except the municipality of Moulinet), Vence, Villefranche-sur-Mer (except the municipalities of Cap-d’Ail and Saint-Jean-Cap-Ferrat).

5. Link with the geographical area

5.1. Specificity of the geographical area

This geographical area forms part of a larger area characterised by the traditional siting of olive groves and processing facilities and it is based on the original features of the natural landscape (topography, pedology, climate).

The olive groves of Nice are situated in the heart of a region where the mountains and the sea meet and merge with each other. The major drainage system is the Var and the valleys of its tributaries, the Vésubie, the Tinée and the Estéron. Olive-growing has developed downstream of these valleys, where sites are less constricted than those further upstream. Such steep-slope olive groves are situated on hills, subcoastal plateaux and slopes often arranged into terraces. The soils, which are particularly suitable for growing olive trees, are colluvial and rich in congelifracted limestone and limestone clay, with a silty-clay texture.

The olive-growing area has a Mediterranean climate balanced by the occasional presence of a mountain climate. Temperatures are mild (4 °C to 11 °C in winter), there is high precipitation (800 to 1 100 mm) and excellent sunlight exposure (2 760 hours/year). Extreme frost never occurs along the coastal fringe and is rare in inland areas below 750 m in altitude. In these circumstances and without strong winds, the Cailletier variety, a tall tree with long, pendulous branches, has become established over the centuries as the dominant variety in Nice’s orchards.

Olive trees have always been one of the main crops for people living in the ‘Comté de Nice’ (an administrative division within the States of the House of Savoy, 1526-1847) and the Côte d’Azur. The harvest generally starts in November and extends into April, with a more intensive harvesting period between January and March, when olives ‘turning colour’ are harvested (at least 50 % of the olives are wine-red in colour).

5.2. Specificity of the product

‘Huile d’olive de Nice’ is obtained principally from the local Cailletier olive variety (at least 95 % of the olive trees in the orchard). ‘Huile d’olive de Nice’ is a ‘ripe fruity’ type of olive oil appreciated for its ‘mildness’ (it is an oil with very little bitterness and pungency).

It has a characteristic, predominantly almond-like flavour. Certain secondary flavours more or less present depending on the oils, such as ‘broom flower’, ‘pastry’ or a hint of ‘lemon’, are likewise typical of ‘Huile d’olive de Nice’.

5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

The characteristics of the geographical area have shaped Nice’s olive-growing landscape and the specific characteristics of ‘Huile d’olive de Nice’.

Owing to its geographical location (at the extremity of the Alps, which fall away into the sea), the department of Alpes-Maritimes has a limited agricultural land area. Arable land is rare and olive trees are planted on man-made terraces. Nice’s olive groves form a characteristic landscape comprising slopes which incorporate dry stone walls built to hold back the soil and provide protection against erosion. Olive cultivation is the only alternative to abandoning the land in certain threatened areas.

The specific Mediterranean climate in the geographical area, with few strong winds and little frost, excellent sunshine exposure and abundant rainfall in spring and autumn, is beneficial for cultivating olive trees, even in areas up to 700 metres in altitude. The region of ‘Huile d’olive de Nice’ features both coastal areas and mid-range mountains.

Under these specific circumstances, the Cailletier variety, which is perfectly adapted, accounts for 95 % of the olive trees in the geographical area. On this special land, this typical low-hanging variety is traditionally harvested from tall trees in one single visit. Harvesting takes place rather late compared to other olive-growing areas, in particular in the mid-range mountains, where harvesting is extended until the end of winter, after the onset of ripening. This is possible thanks to the mild climate.

Use of this local variety combined with its late harvesting are key to the mildness and particular flavours of ‘Huile d’olive de Nice’, for example ‘almond’ but also ‘broom flower’, ‘pastry’ and a hint of ‘lemon’, which have made its reputation.

Reference to publication of the specification

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

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-0e3dc185-56cd-4d6b-be3e-d82ae3a731ce/telechargement

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

(2) See footnote 1.

		ISSN 1977-091X
Official Journal of the European Union		C 204

English edition	Information and Notices	Volume 58 20 June 2015

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2015/C 204/01	Information relating to the entry into force of the amendment of Annexes II, V, VII and VIII to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products	1
2015/C 204/02	Non-opposition to a notified concentration (Case M.7635 — Lindsay Goldberg/VDM Metals Group) ( 1 )	2
2015/C 204/03	Non-opposition to a notified concentration (Case M.7586 — Flextronics/Certain Assets Belonging to Alcatel-Lucent Italia) ( 1 )	2
	European Central Bank
2015/C 204/04	The ethics framework of the ECB (This text replaces the text published in the Official Journal C 40 of 9 February 2011, p. 13 )	3

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2015/C 204/05	Euro exchange rates	17
	European Systemic Risk Board
2015/C 204/06	Decision of the European Systemic Risk Board of 1 June 2015 on the appointment of the Data Protection Officer of the European Systemic Risk Board (ESRB/2015/1)	18

	Currency	Exchange rate
USD	US dollar	1,1299
JPY	Japanese yen	139,19
DKK	Danish krone	7,4611
GBP	Pound sterling	0,71340
SEK	Swedish krona	9,2177
CHF	Swiss franc	1,0449
ISK	Iceland króna
NOK	Norwegian krone	8,8255
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,211
HUF	Hungarian forint	312,85
PLN	Polish zloty	4,1729
RON	Romanian leu	4,4875
TRY	Turkish lira	3,0645
AUD	Australian dollar	1,4591
CAD	Canadian dollar	1,3865
HKD	Hong Kong dollar	8,7585
NZD	New Zealand dollar	1,6393
SGD	Singapore dollar	1,5110
KRW	South Korean won	1 249,77
ZAR	South African rand	13,8608
CNY	Chinese yuan renminbi	7,0160
HRK	Croatian kuna	7,5765
IDR	Indonesian rupiah	15 050,27
MYR	Malaysian ringgit	4,2298
PHP	Philippine peso	50,887
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THB	Thai baht	38,066
BRL	Brazilian real	3,4665
MXN	Mexican peso	17,3146
INR	Indian rupee	71,8193

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2015/C 204/07	Prior notification of a concentration (Case M.7650 — Katara Hospitality/Starwood Hotel & Resorts Worldwide/Westin Excelsior Hotel) — Candidate case for simplified procedure ( 1 )	19
	OTHER ACTS
	European Commission
2015/C 204/08	Publication of an application pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	20
2015/C 204/09	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	24


	(1) Text with EEA relevance