Non-opposition to a notified concentration

(Case M.9453 — Phillips 66/Fortress Investment Group/United Pacific)

(Text with EEA relevance)

(2019/C 356/01)

On 11 October 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	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,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9453. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Euro exchange rates (1)

18 October 2019

(2019/C 356/02)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1144
JPY	Japanese yen	120,97
DKK	Danish krone	7,4702
GBP	Pound sterling	0,86435
SEK	Swedish krona	10,7742
CHF	Swiss franc	1,0996
ISK	Iceland króna	139,10
NOK	Norwegian krone	10,2198
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,659
HUF	Hungarian forint	330,62
PLN	Polish zloty	4,2843
RON	Romanian leu	4,7565
TRY	Turkish lira	6,4447
AUD	Australian dollar	1,6278
CAD	Canadian dollar	1,4639
HKD	Hong Kong dollar	8,7396
NZD	New Zealand dollar	1,7488
SGD	Singapore dollar	1,5214
KRW	South Korean won	1 314,33
ZAR	South African rand	16,4566
CNY	Chinese yuan renminbi	7,8941
HRK	Croatian kuna	7,4418
IDR	Indonesian rupiah	15 773,15
MYR	Malaysian ringgit	4,6654
PHP	Philippine peso	57,070
RUB	Russian rouble	71,3066
THB	Thai baht	33,761
BRL	Brazilian real	4,6363
MXN	Mexican peso	21,3875
INR	Indian rupee	79,2735

---

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

New national side of euro coins intended for circulation

(2019/C 356/03)

National side of the new commemorative 2-euro coin intended for circulation and issued by Portugal

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Portugal.

Subject of commemoration: 600 years of the discovery of the Madeira Archipelago, by the Portuguese navigators Bartolomeu Perestrelo and Tristão Vaz.

Description of the design: The event, known as the first Portuguese territorial discovery, marked a historic milestone in the consolidation of Portugal as a maritime power and gave rise to the Portuguese Age of Discoveries (1418-1522).

The design depicts the Madeira Archipelago and the island of Porto Santo. In semicircle are the inscriptions ‘600 anos do Descobrimento da Madeira e de Porto Santo’ and ‘PORTUGAL 2019’.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 500 000.

Date of issue: Second half of 2019.

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

New national side of euro coins intended for circulation

(2019/C 356/04)

National side of the new commemorative 2-euro coin intended for circulation and issued by Portugal

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Portugal

Subject of commemoration: 500 years of the first circumnavigation organised and led by the Portuguese explorer and navigator Fernão De Magalhães

Description of the design: The Spanish expedition to the East Indies began in 1519 and ended in 1522, resulting in the first circumnavigation of the Earth.

The design depicts the effigy of Fernão De Magalhães. At the right side, in semicircle, is the inscription ‘CIRCUM NAVEGAÇÃO’ (circumnavigation) and underneath the inscription ‘1519 FERNÃO DE MAGALHÃES’. At the left side, in semicircle, is the year of issuance ‘2019’ and the name of the issuing country ‘PORTUGAL’.

The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 750 000

Date of issue: Second half of 2019

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

New national side of euro coins intended for circulation

(2019/C 356/05)

National side of the new commemorative 2-euro coin intended for circulation and issued by the Republic of San Marino

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national side features a commemorative design that is highly symbolic in national or European terms.

Issuing country: The Republic of San Marino

Subject of commemoration: 550th anniversary of the death of Filippo Lippi

Description of the design: The centre of the coin features the Madonna and Child, a detail from Filippo Lippi’s ‘Madonna and Child with Two Angels’; above are the inscriptions ‘SAN MARINO’ and ‘FILIPPO LIPPI’ and on the left are the year ‘1469’ and the letter ‘R’ identifying the Mint of Rome. On the bottom left are the initials of the artist Maria Angela Cassol ‘M.A.C.’, and in the centre the year ‘2019’.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 60 500

Date of issue: September 2019

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national sides of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

New national side of euro coins intended for circulation

(2019/C 356/06)

National side of the new commemorative 2-euro coin intended for circulation and issued by the Vatican City State

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: The Vatican City State

Subject of commemoration: Sistine Chapel — End of the restoration 1994-2019

Description of the design: The design features the Last Judgment in the Sistine Chapel. At the left, in semi-circle is the inscription of the issuing country ‘CITTÀ DEL VATICANO’. At the right, in semi-circle, are the inscriptions ‘CAPPELLA SISTINA — FINE DEI RESTAURI’ and ‘1994-2019’. At the right side is the mintmark ‘R’ and at the bottom the name of the artist ‘D. LONGO’.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 91 000

Date of issue: 1 October 2019

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

Prior notification of a concentration

(Case M.9409 — Aurubis/Metallo Group Holding)

(Text with EEA relevance)

(2019/C 356/07)

This notification concerns the following undertakings:

—	Aurubis AG (‘Aurubis’, Germany),

—	Metallo Group Holding N.V. (‘Metallo’, Belgium).

Aurubis AG acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole Metallo Group Holding N.V.

The concentration is accomplished by way of purchase of shares.

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

M.9409 — Aurubis/Metallo Group Holding

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

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

Prior notification of a concentration

(Case M.9449 — VAG/Varta (Consumer Battery, Chargers and Portable Power and Lighting Business))

(Text with EEA relevance)

(2019/C 356/08)

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

Publication of an application for registration of a name 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

(2019/C 356/09)

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) within three months from the date of this publication.

SINGLE DOCUMENT

‘MOZZARELLA DI GIOIA DEL COLLE’

EU No: PDO-IT-02384 — 29.12.2017

PDO ( X ) PGI ( )

1.   Name(s)

‘Mozzarella di Gioia del Colle’

2.   Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.3. Cheeses

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

‘Mozzarella di Gioia del Colle’ is a fresh stretched-curd cheese made with whole cow’s milk only and a whey starter culture. It is characterised by:

a)	The following chemical composition (values for fresh cheese): lactose ≤ 0,6 %, lactic acid ≥ 0,20 %, moisture 58-65 %, fat 15-21 % on a wet basis.

b)	A taste reminiscent of slightly soured milk, with a pleasant after-taste of fermentation or sour whey (stronger in freshly made cheese) and a sour milky aroma, sometimes accompanied by a slight hint of butter.

c)	The absence of preservatives, additives and processing aids.

‘Mozzarella di Gioia del Colle’ has a smooth or slightly fibrous surface. The cheese is glossy, not slimy or flaky. It is a white cheese, possibly with a slight straw-coloured tinge depending on the season. When the cheese is cut, it should have a springy consistency and be free of defects. A small amount of white whey should ooze from the cut cheese.

‘Mozzarella di Gioia del Colle’ comes in three shapes: round, twisted into knots, and braided. Depending on the shape and size, portion weight varies from 50 g to 1 000 g. The cheese is marketed immersed in preservative liquid (water, possibly with added salt and slightly acidified).

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

Only raw whole cow’s milk, collected over two separate milking sessions, is used to make this cheese. The milk may be thermised or pasteurised.

The cheese is made according to the traditional practice of using a whey starter culture.

The milk used to make ‘Mozzarella di Gioia del Colle’ comes from herds of cattle belonging to the Bruna [Brown], Frisona [Friesian], Pezzata Rossa [Red Pied] or Jersey breeds and crosses thereof, where at least 60 % of the total dry matter fed to the dairy cows is grass and/or hay from meadows offering a wide variety of vegetation.

The cows’ diet may also include cereal-based (maize, barley, wheat, oats) and legume-based (soya, broad beans, field beans, field peas) concentrates, meal or flakes, which may also be administered as complementary feed. Carob and cereal processing by-products — common wheat bran and middlings, durum wheat middlings — can also be used, provided that they do not exceed 40 % of dry matter. Finally, the cows’ diet can be supplemented with vitamin and mineral complexes.

To avoid compromising the quality characteristics conferred on ‘Mozzarella di Gioia del Colle’ by its link with the local area, at least 60 % of the products used to feed the cows must come from the area described in point 4. This percentage requirement is met using grass and/or hay from meadows located within the identified area. It is the portion of the feed which is associated with digestible fibre, broadly defined as ‘forage’ (grass and/or hay, pasture, etc.), and it has a major impact on the chemical and organoleptic characteristics of the milk.

Given its geographical, soil and climate conditions, the geographical area has never been — and will never be — suitable for growing cereals such as maize or oilseed crops such as soya from which to obtain protein feedstuffs. As it is not possible to substitute these feedstuffs with high-quality fodder from within the area, the use of complementary concentrates and feedstuffs from outside it must be allowed. These products are easily broken down and dissolved in the rumen (grain size smaller than 0,8 cm — i.e. incapable of stimulating ruminal contractions) so they provide energy (mainly from reserve carbohydrates such as starch) and readily available protein for the rumen microbiome. However, as their role is limited to the physiological function of supporting the microbiome, they have no impact at all on the properties of the milk or of the mozzarella. Therefore, it is the compulsory grazing for the time it is actually possible (150 days), and the diet rich in fodder produced in the area, which are the aspects of the diet that help determine the chemical and sensorial properties of the raw material and of the finished product. These are therefore two fundamental elements linking the raw material, the finished product and the territory.

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

All of the stages of the production process — rearing and milking the cows, collecting and processing the milk, and making the cheese itself — take place in the geographical area described in point 4.

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

As it is a fresh product that tends to deteriorate rapidly, ‘Mozzarella di Gioia del Colle’ must be packaged on the same premises at which it is made, within the geographical area defined under point 4.

‘Mozzarella di Gioia del Colle’ may be marketed in packages of various weights and/or in individual portions. It is marketed immersed in preservative liquid (water, possibly with added salt and slightly acidified).

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

The logo (Figure 1) and production date must be printed on the packaging used to market ‘Mozzarella di Gioia del Colle’.

The logo shown in Figure 1 must be displayed prominently on the upper face of the labelling or packaging, as well as on the sides. The logo shown in Figure 1 must be displayed on both sides of single wrapped portions.

4.   Concise definition of the geographical area

The production area spans the municipalities of Acquaviva delle Fonti, Alberobello, Altamura, Casamassima, Cassano delle Murge, Castellana Grotte, Conversano, Gioia del Colle, Gravina in Puglia, Locorotondo, Monopoli, Noci, Putignano, Sammichele di Bari, Santeramo in Colle and Turi in the province of Bari; Castellaneta, Crispiano, Laterza, Martina Franca, Massafra and Mottola in the Province of Taranto; and a portion of the municipality of Matera lying adjacent to the municipalities of Altamura, Santeramo in Colle and Laterza, demarcated by the SS 99 and SS 7 trunk roads.

5.   Link with the geographical area

The geographical area where this cheese is produced spans parts of the provinces of Bari and Taranto on the Murge plateau, where there are many dairy farms (the ‘cow farms’’ of Frederician origin). In this area, where farms and dairies are located quite close together (many even on the same premises), it has long been the local custom to produce mozzarella from cow’s milk: there are references dating from 1885 to the ‘exquisite mozzarella from Apulia’ in a publication entitled L'Italia agricola, giornale dedicato al miglioramento morale ed economico delle popolazioni rurali [‘Agricultural Italy, a journal devoted to the moral and economic betterment of rural populations’] (Redaelli, Milan). As well as for certain peculiarities of its geography, soil and climate, the area is distinctive for its ancient deep-rooted cheese-making tradition which has withstood the test of time and been passed down from one generation to the next. Both of these aspects have a profound impact on the characteristics of the milk and cheese and they are the main factors which link ‘Mozzarella di Gioia del Colle’ to the territory.

The chemico-physical and nutritional characteristics of the milk, in particular, are linked to the territory via the diet fed to the animals and the broader environmental context in which they are reared. It is well known that the composition of milk is generally closely linked to the zootechnical context in which the animals live and that the type of volatile compounds is very important for the composition. The aromatic characteristics of the milk depend on these substances, which are partly formed by the animal’s metabolism and partly by the environment. The volatile compounds from the environment can enter the milk either via digestion (rumination) or through the lungs (inhalation). In the geographical area where ‘Mozzarella di Gioia del Colle’ PDO is produced, the geographical, soil and climate conditions have led to the selection of certain naturally occurring and cultivated plant varieties which are resistant to the hot, dry conditions typical of a pseudo-steppe environment. The naturally occurring vegetation is mostly xerophilous and it includes aromatic grasses such as Timus striatus, Ferula communis and Foeniculum vulgare. These plants — and xerophilous vegetation in general — are particularly rich in polyphenols, terpenes, carbonyl compounds and other volatile substances that can have a direct or indirect influence on the milk’s flavour. This influence is direct when they are transferred unchanged and indirect when they act as precursors for other volatile metabolites with an impact on the fragrance. The constant presence of the animals in this environment is conducive to volatile principles with aromatic properties being passed into the milk, especially at certain times of the year. On the whole, it is the compulsory grazing and the diet rich in fodder produced in the area that guarantee the distinctive nutritional and functional characteristics of the milk, such as its lipid profile and its volatile compound content. Local environmental conditions and livestock-rearing techniques play an important role in shaping the milk microbiota. All of these factors combined have a major impact on the organoleptic characteristics of ‘Mozzarella di Gioia del Colle’.

As regards the influence of the processing technique, this is the traditional, historical method which only allows for fresh milk to be used and local whey added (the starter culture). The whey starter that is added to the milk represents yet another link to the local territory, as it has been made in the same way for a very long time: using the previous day’s whey which has been left to turn sour, allowing it to become enriched with the milk enzymes characteristic of the dairy. These aspects guarantee a strong link to the territory, as they determine that most of the microbiological component will also be native. The microbial component plays an important role in the sensorial properties because it is responsible for the formation of the product’s ‘secondary aromas’. The native microbiological profile of the whey starter culture is guaranteed partly by the characteristics of the milk from which it is derived, but more importantly, by the preparation method and the environment in which it is left to develop. The ‘mix of native micro-organisms’ contained in the starter culture reflects all phases in the production process and is transferred on a daily basis to the milk and therefore to the finished product, thus constantly perpetuating the link to the territory. The methods used by the cheese-maker to manage the whey in the vat, mature the curds and process the mixture afterwards combine to form another distinctive link to the territory. In fact, the combination of all of the processing parameters has an impact on the microbial ecosystem, which is already quite distinctive, thus shaping how the fermentation progresses. The cheese-maker’s expertise is essential in that regard as it allows the set of microbes to develop in a unique and irreplicable manner, thus giving the mozzarella its typical sensorial characteristics. As far as the taste is concerned, this fermentation creates slightly sour notes with a pleasant yeasty after-taste that is stronger in freshly made cheese. The aroma derived from the cheese-making process combines with those which are derived from the milk, i.e. from the fermentation process (‘secondary aroma’) which creates fresh notes of milk, butter and acid whey and from the raw material (‘primary aroma’) with its characteristically delicate plant and animal notes. To sum up, the primary aromas reflect the conditions in which the cows were raised, with an important role played by the diet of local forage (fresh or hay) and the secondary aromas are linked to the native microbiota.

As well as the specific characteristics shaped by the techniques used in rearing the animals and making the cheese, environmental, historical and cultural influences also play a part. The landscape (Natura 2000), local geology (Apulia’s Murge plateau region, with cretaceous limestone, rocky outcrops and reduced clays) and climate are all significant. In historical and cultural terms, there is a deep-rooted link between the product and the type of farming in the area: small and medium-sized livestock farms which are mostly family-run and structured according to local customs, where cattle spend long periods of time grazing. Finally, there is a great deal of evidence proving that mozzarella has featured in the history of Gioia del Colle, including a documentary produced by the Istituto Luce in Gioia del Colle on 28 August 1950. Other records show that in the early decades of the twentieth century ‘a farmer named Clemente Milano rearing Alpine Brown cattle in the Gioia del Colle area was the first to use the milk from his stock to make the special fresh dairy product known as mozzarella’ (from Gioia del Colle, oggi [‘Gioia del Colle, Today’], edited by Giovanni Bozzo for Japigia Editrice, Bari 1970). A 1922 article by Giovanni Carano Donvito mentions that ‘… “Mozzarella di Gioia (del Colle)” was highly appreciated, sought-after and handsomely paid for on the market in Rome and Naples as well as in Bari, Taranto, Lecce, Foggia and other smaller cities’ (La riforma sociale [‘Social reform’], F.S. Nitti, L. Roux, L. Einaudi — Roux e Viarengo, Turin). Finally, there is evidence that a great many local events aimed at raising the profile of mozzarella have been taking place since the 1960s.

Reference to publication of the product specification

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

The consolidated text of the product specification can be consulted on the following website: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or alternatively:

by going directly to the homepage of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Prodotti DOP IGP’ (at the top right-hand side of the screen), then on ‘Prodotti DOP IGP STG’ (on the left-hand side of the screen), and finally by clicking on ‘Disciplinari di Produzione all’esame dell’UE’.

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(1)  OJ L 343, 14.12.2012, p. 1.