24.2.2018   

EN

Official Journal of the European Union

C 71/1

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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8761. EUR-Lex is the online access to European law.

24.2.2018   

EN

Official Journal of the European Union

C 71/2

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

24.2.2018   

EN

Official Journal of the European Union

C 71/3

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

24.2.2018   

EN

Official Journal of the European Union

C 71/4

24.2.2018   

EN

Official Journal of the European Union

C 71/5

24.2.2018   

EN

Official Journal of the European Union

C 71/29

1.

On 16 February 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

CPP Investment Board acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of BGL (Holdings) Ltd, currently controlled by BHL Holdings Ltd.

The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—   CPP Investment Board: a Toronto based investment management organisation investing the funds of the Canada Pension Plan Fund principally in public equities, private equities, real estate, infrastructure and fixed income investments,

—   BHL Holdings Ltd: a privately owned, Guernsey-managed holding company with interests in Europe, Australia, Singapore, South Africa and Turkey, active in insurance underwriting, reinsurance, price comparison websites, legal, property development and leisure sectors,

—   BGL (Holdings) Ltd: operation of price comparison websites in the UK and France, insurance distribution of third-party and own-brand life and non-life insurance products in the UK.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.8752 — CPPIB/BHL/BGL

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

24.2.2018   

EN

Official Journal of the European Union

C 71/31

Consorzio di Tutela Kiwi di Latina IGP

Address: Via Carducci 7

04100 Latina LT

ITALIA

Email address: consorziokiwi@pec.it

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Description of product

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Proof of origin

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Method of production

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Link

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Labelling

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Other [layout changes and corrections, inspection body, updating of references to legislation]

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Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires no amendment to the published single document

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Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires an amendment to the published single document

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

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Amendment to product specification of registered TSG to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

1.

The following sentence:

‘The higher total solar radiation and absence or virtual absence of early frosts allow the harvest to be held off until the middle 10 days of November and the fruit to reach a minimum sugar content of 6,5-7 degrees Brix.’

has been amended as follows:

‘The higher total solar radiation and absence or virtual absence of early frosts allow the harvest to be held off until the middle 10 days of November or even later and the fruit to reach a minimum sugar content of 6,2 degrees Brix by the time it is picked.’

Article 2 of the product specification already states that the fruit must have a degree of maturity of at least 6,2 °Brix when it is picked.

This proposed amendment consists in adapting Article 4 to state the same sugar content as Article 2 of the product specification and point 4.2 of the summary (published in OJ C 262, 31.10.2003, p. 7).

To make the product specification clearer to operators and the inspection body, it is considered that the same sugar content should be referred to throughout.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

2.

The following passage:

‘The link with the environment is borne out by the following requirements on growers and packers:

has been reworded as follows:

‘The entire production process must be monitored, with inputs and outputs recorded at each stage. This process — with the inspection body keeping registers of the cadastral parcels used to grow the product and of growers and packagers — coupled with the regular reporting of quantities grown to the inspection body, guarantees product traceability. All registered operators (legal entities and individuals) are subject to checks by the inspection body in accordance with the product specification and the corresponding inspection plan.’

This amendment supplements the provisions that were already in the product specification, identifying more precisely the operators in the production chain that are subject to inspection and specifying the processes in place to ensure traceability.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

1.

The following sentence has been inserted:

‘Only plants certified in accordance with the applicable legislation can be used to start new plantations.’

Stating that plants certified in accordance with the applicable legislation must be used to start new plantations will reduce the risk of viruses, bacteria, fungi (etc.) spreading and ensure that new plantations are started in the best possible conditions.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

2.

The following passage:

‘Two plant training systems are used:

has been amended as follows:

‘Two plant training systems are used:

The number of plants per hectare may not be lower than 400.’

The planting distances specified for the pergola and T-bar systems have been removed and a minimum number of plants per hectare — matching the minimum density currently established in the product specification (5 × 5) — inserted in their place. The reason for removing the references to planting distances is that it is becoming increasingly common to use closer inter-row and inter-plant spacing, giving a density of up to 1 600 plants per hectare.

Thanks to new growing techniques, in which the fruit-bearing vines are kept much shorter than in the past, increasing the number of plants per hectare does not in any way impair the fruit’s organoleptic qualities.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

3.

The following sentence:

‘Depending on the type of land, the space between rows is cultivated, with weeds being removed from along the rows themselves, or else covered with grass, which must be cut regularly.’

has been amended as follows:

‘The land is either tilled and/or weeded, or else covered with grass, which must be cut regularly.’

The rewording of this passage leaves growers free to manage their land as they deem appropriate. The term ‘tilled’ is closer to the farming techniques involved both when grass cover is used and when other soil management techniques are applied.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

4.

The following sentence:

‘The natural water supply is supplemented by irrigation (sprinkling or misting) under the mass of foliage.’

has been amended as follows:

‘The natural water supply is supplemented with irrigation, ensuring that the crop receives the right amount of water.’

5.

The following sentence has been deleted:

‘The irrigation volume ranges from 6 000 m3 to 8 000 m3 per hectare per year.’

It has been decided to remove the references to irrigation techniques and volumes from points 7 and 8, instead stating that irrigation is to be carried out solely to give the crop the right amount of water for its normal physiological development.

The new wording allows growers to tailor irrigation to the amount of water that the crop actually needs.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

6.

The following passage:

‘The fruit is harvested peduncle-free in late October and early November, at which point it has a Brix value of 6,2 ° and its firmness (measured using an 8 mm probe) is not less than 6 kg.’

has been amended as follows:

‘The fruit is harvested peduncle-free when it has a Brix value of 6,2 ° and its firmness (measured using an 8 mm probe) is not less than 6 kg.’

It has been decided to remove the reference to when harvesting takes place, since, as Article 4 of the product specification states, aspects of the climate in the production area — such as higher solar radiation and the absence or virtual absence of early frosts — allow the harvest to be held off until the middle 10 days of November or even later. This change does not affect the product characteristics: the product specification guarantees that the fruit is mature enough at harvest by requiring it to meet a specified Brix value.

An inconsistency within the product specification has also been corrected by bringing the Brix value into line with the one specified in Article 2.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

7.

The following sentence has been inserted:

‘The fruit can be kept in cold stores, either in normal atmospheric conditions or in a controlled atmosphere, until July of the year after harvest at the latest.’

To ensure that the harvested fruit develops and retains its quality features, specific references to the storage phase and the maximum time the fruit can be kept in cold stores have been inserted. The maximum possible storage period stated here is a month or two longer than the one established in Article 6 of the product specification (see amendment 14). This does not negatively affect the product characteristics in any way, as it is motivated by improvements to storage conditions. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

8.

The following sentence has been deleted:

‘Winter pruning is carried out so as to leave 100 000-120 000 buds per hectare.’

To make inspections easier, this reference to the maximum number of buds per hectare after winter pruning has been removed. This change does not affect the product characteristics and does not impair the fruit in any way, as it is linked to the next amendment concerning the number of kiwifruit left on the tree after thinning out.

This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

9.

The following sentence:

‘The crop is thinned out in late June and early July: multiple and misshapen kiwifruit and those kiwifruit with skin defects are removed, leaving a maximum of 800 to 1 000 kiwifruit per plant.’

has been amended as follows:

‘The crop is thinned out in late June and early July: multiple and misshapen kiwifruit and those kiwifruit with skin defects are removed, leaving a maximum of 450 000 kiwifruit per hectare.’

Rather than the number of kiwifruit left on an individual plant after thinning out, the new text refers to the cultivated area (hectare), making inspections easier.

The number of fruit per hectare that can be left on the plant after thinning out is also changed. This figure is linked to the maximum post-thinning bud load that allows the plant to develop shoots normally, allowing a maximum of 450 000 kiwifruit per hectare to be obtained after thinning out. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

10.

The following sentence:

‘Crop production may not exceed 33 tonnes per hectare.’

has been amended as follows:

‘Crop production may not exceed 38 tonnes per hectare.’

The increase in permitted production reflects the fact that the planting distance requirements have been removed, allowing growers to leave smaller distances between plants. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

1.

The following sentence has been removed from Article 8 of the product specification and point 4.8 of the summary.

‘To guarantee traceability and ensure the possibility of inspections, the logo may only be used by firms that pack kiwifruit within the “Kiwi Latina” production area.’

The purpose of this sentence is to restrict packaging of ‘Kiwi Latina’ to the area in which the fruit is grown. It is therefore out of place in this article of the product specification, which refers to labelling requirements. The requirement for the product to be packaged within the growing area has thus been retained, with information better explaining this requirement being included in Article 5 of the product specification and point 3.5 of the Single Document.

This is therefore a change to the layout of the product specification, the aim of which is to better explain the reasons for the (existing) requirement that the fruit be packaged in the production area. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

2.

As the summary published in OJ C 262 of 31 October 2003 correctly states, only a portion of the municipality of Latina falls within the ‘Kiwi Latina’ production area. Article 3 of the product specification has thus been brought into line with the summary. This is a correction that does not alter the geographical production area in any way. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

3.

The following place name has been corrected in Article 3 of the product specification:

This is a correction to the product specification that does not alter the geographical production area in any way. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

4.

Article 9 on marketing processed products, which reads as follows:

‘Products made using “Kiwi Latina” PGI, even where the fruit has been processed and treated, may be released for consumption in packaging using that name but without the EU logo provided that:

has been deleted because it is not relevant to the content of the product specification. This can therefore be classed as a minor amendment pursuant to Article 53(2)(a)-(e) of Regulation (EU) No 1151/2012.

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intact (but free of peduncle),

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sound (produce affected by rotting or deterioration such as to make it unfit for consumption is excluded),

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clean, practically free of any visible foreign matter,

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adequately firm (not soft, shrivelled or water-soaked),

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well formed, double/multiple fruit being excluded,

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practically free from pests,

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practically free from damage caused by pests,

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free of abnormal external moisture,

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free of any foreign smell and/or taste.

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a slight defect in shape (but free of swelling or malformations),

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slight defects in colouring.

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The area very rarely suffers the winter and spring frost damage that, in other parts of Italy, causes major production losses in the seasons that follow and therefore supply interruptions.

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The Pontine area is characterised by high total solar radiation, which means that the fruit can develop the right degree of maturity for sale by an earlier date. Soil: The growing area features alluvial and displaced volcanic soils resting on highly fertile pozzolanic and tuffaceous subsoils, which immediately proved to be particularly suitable for growing Actinidia.