17.3.2021

Official Journal of the European Union

C 90/8

Notice of initiation of an expiry review of the anti-subsidy measures applicable to imports of tubes and pipes of ductile cast iron originating in India

(2021/C 90/06)

Following the publication of the Notice of impending expiry (1) of the anti-subsidy measures in force on the imports of tubes and pipes of ductile cast iron originating in India, the European Commission (‘the Commission’) received a request for review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic Regulation’).

1. Request for review

The request was lodged on 21 December 2020 by Saint-Gobain PAM, Saint-Gobain PAM Deutschland GmbH and Saint-Gobain PAM España S.A. (‘the applicant’), representing the Union industry of tubes and pipes of ductile cast iron in the sense of Article 10(6) of the basic Regulation.

An open version of the request and the analysis of the degree of support by Union producers for the request are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2. Product under review

The product subject to this review is tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) (‘ductile pipes’), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), originating in India, currently falling under CN codes ex 7303 00 10 (TARIC code 7303001010) and ex 7303 00 90, (TARIC code 7303009010) (‘product under review’). The CN and TARIC codes are given for information only.

3. Existing measures

The measures currently in force are a definitive countervailing duty imposed by Commission Implementing Regulation (EU) 2016/387 (3). On 17 April 2020, the Commission re-imposed a definitive countervailing duty, as of 19 March 2016, at the rate of and 6 % (4), as regards Jindal Saw Limited, following the implementation of the judgment of the General Court in T-300/16 (5), which partially annulled Implementing Regulation (EU) 2016/387 as far as Jindal Saw Limited is concerned.

4. Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of subsidisation and continuation or recurrence of injury to the Union industry.

4.1. Allegation of likelihood of continuation or recurrence of subsidisation

The applicant has provided sufficient evidence that the producers of the product under review in India (‘the country concerned’) have benefitted and are likely to continue to benefit from a number of subsidies granted by the Government of India and from regional and local governments in that country.

The alleged subsidy practices consist, inter alia, of (1) direct transfer of funds and potential direct transfer of funds, for example the Duty Drawback Scheme, Government direct transfers of funds, preferential financing from public financial institutions, (2) government revenue forgone or not collected, for example the Export Promotion Capital Goods Scheme, Advance Authorisation Scheme, Export Oriented Units Scheme, Merchandise Exports from India Scheme, exemption from or remission of VAT (Government of Gujarat), (3) government provision of goods or services for less than adequate remuneration, for example provision of iron ore for less than adequate remuneration and (4) payments to a funding mechanism, or the entrusting or directing of a private body to carry out one or more of the above functions.

Some of the alleged subsidy practices were already countervailed in the original investigation while some others are additional or new subsidies, which were not examined in the original investigation.

The applicant alleges that the measures described are subsidies since they involve a financial contribution from the Government of India and confer a benefit to producers of the product under review. Those subsidies are alleged to be specific to an enterprise or industry or group of enterprises or industries or contingent upon export performance and therefore countervailable.

In view of Article 18(2) of the basic Regulation, the Commission prepared a memorandum on sufficiency of evidence containing the Commission’s assessment on all the evidence at its disposal and on the basis of which the Commission initiates this investigation. That memorandum can be found in the file for inspection by interested parties.

The Commission reserves the right to investigate other relevant subsidies, which may be revealed during the course of the investigation.

4.2. Allegation of likelihood of continuation or recurrence of injury

The applicant has also provided sufficient evidence that imports of the product under review from the country concerned to the Union have increased overall in absolute terms and in terms of market shares.

The evidence provided by the applicant shows that the volume and the prices of the imported product under review have, among other consequences, had a negative impact on the quantities sold and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial and the employment situation of the Union industry.

The applicant also alleges the likelihood of further injury. In this respect the applicant has provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity and the potential of the manufacturing facilities of the producers in India.

In addition, the applicant alleges that any further substantial increase of imports at subsidized prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.

5. Procedure

Having determined, after consulting the Committee established by Article 25(1) of the basic Regulation, that sufficient evidence of a likelihood of subsidisation and injury exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

The Government of India has been invited for consultations in accordance with Article 10(7) of the basic Regulation.

Regulation (EU) 2018/825 of the European Parliament and of the Council (TDI Modernisation package) (6), which entered into force on 8 June 2018, introduced a number changes to the timetable and deadlines previously applicable in anti-subsidy proceedings. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (7) has been published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

The Commission further draws the attention of the parties to the separate on-going anti-dumping investigation covering the same product (8). The exporting producers, the Union industry, and all the interested parties in such anti-dumping investigation are invited to register separately for this investigation and to submit the relevant information according to the modalities and the timelines specified in this Notice without regard to the information possibly submitted in the context of the anti-dumping investigation. The information or comments submitted in the context of the anti-dumping investigation will not automatically be taken into account in this investigation, and parties will have to submit as a matter of principle all the information concerning this investigation separately in the context of this procedure.

5.1. Review investigation period and period considered

The investigation of a continuation or recurrence of subsidisation will cover the period from 1 January 2020 to 31 December 2020 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2017 to the end of the review investigation period (‘the period considered’).

5.2. Comments on the request and the initiation of the investigation

All interested parties wishing to comment on the request (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the request) must do so within 37 days of the date of publication of this Notice.

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3. Procedure for the determination of a likelihood of continuation or recurrence of subsidisation

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at subsidised prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers (9) of the product under review, irrespective of whether or not they exported the product under review to the Union in the review investigation period and including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.

5.3.1. Investigating producers in the country concerned

In view of the potentially large number of producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, are hereby requested to provide the Commission with information on their companies within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/3d289fc2-d48c-5c0a-220f-53feaa804235 Tron access information can be found in sections 5.5 and 5.8 below.

In order to obtain the information it deems necessary for the selection of the sample of producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of producers in the country concerned.

If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers, the authorities of the country concerned and associations of producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

Once the Commission has received the necessary information to select a sample of producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

The Commission will add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

A copy of the questionnaire for producers in the country concerned is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2521

The questionnaire will also be made available to any known association of producers, and to the authorities of that country.

Without prejudice to the possible application of Article 28 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating producers’).

5.3.2. Investigating unrelated importers (10) (11)

Unrelated importers of the product under review from the country concerned to the Union, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 7 days of the date of publication of this Notice by providing the Commission with the information on their company(ies) requested in the Annex to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review from the country concerned in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

The Commission will also add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

In order to obtain the information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the sample selection, unless otherwise specified.

A copy of the questionnaire for unrelated importers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2521

5.4. Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, the Union producers of the product under review are invited to participate in the Commission investigation.

5.4.1. Investigating Union producers

In view of the large number of Union producers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to comment on the provisional sample. In addition, other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, unless otherwise specified.

The Commission will notify all known Union producers and/or associations of Union producers of the companies finally selected to be in the sample.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2521

5.5. Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of subsidisation and continuation or recurrence of injury be confirmed, the Commission will determine, pursuant to Article 31 of the basic Regulation, as to whether maintaining the anti-subsidy measures would not be against the Union interest.

Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission.

A copy of the questionnaires, including the questionnaire for users of the product under review, is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2521. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission which substantiates its validity.

5.6. Interested parties

In order to participate in the investigation, interested parties, such as producers in the country concerned, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under review.

Producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.2, 5.3 and 5.4 will be considered as interested parties if there is an objective link between their activities and the product under review.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under review. Being considered as an interested party is without prejudice to the application of Article 28 of the basic Regulation.

Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access.

5.7. Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

5.8. Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

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

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing the Commission a) to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (12). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and request via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets. By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://tron.trade.ec.europa.eu/tron/tdi

Email addresses:

For subsidy issues: TRADE-R737-AS-DUCTILE@ec.europa.eu

For injury and Union interest issues: TRADE-R736-R737-INJURY-DUCTILE@ec.europa.eu

6. Schedule of the investigation

The investigation shall normally be concluded within 12 months and in any event no later than 15 months from the date of the publication of this Notice, pursuant to Article 22(1) of the basic Regulation.

7. Submission of information

As a rule, interested parties may only submit information in the timeframes specified in section 5 of this Notice.

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8. Possibility to comment on other parties’ submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues.

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments filed by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.

9. Extension to time limits specified in this Notice

Any extension to the time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified upon good cause being shown. In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days. Regarding time limits for the submission of other information specified in the Notice of Initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10. Non-cooperation

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

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

11. Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. The Hearing Officer will examine the reasons for requests for intervention, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

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

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

If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 19 of the basic Regulation.

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

13. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (13).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s website: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/

(1) Notice of the impending expiry of certain anti-subsidy measures (OJ C 210, 24.6.2020, p. 28).

(2) OJ L 176, 30.6.2016, p. 55.

(3) Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India (OJ L 73, 18.3.2016, p. 1).

(4) Commission Implementing Regulation (EU) 2020/526 of 15 April 2020 re - imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in T-300/16 (OJ L 118, 16.4.2020, p. 1).

(5) Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019, Jindal Saw Ltd and Jindal Saw Italia SpA v European Commission, T-300/16, ECLI:EU:T:2019:234.

(6) Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

(7) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29

Procedures related to the implementtaion of the common commercial policy on the consequences of the COVID - 19 outbreak on anti – dumping and anti – subsidy investiagations (OJ C 86, 16.3.2020, p. 6).

(8) Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of tubes and pipes of ductile cast iron originating in India (OJ C 90, 17.3.2021, p. 19).

(9) A producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(10) Only importers not related to producers in the country concerned can be sampled. Importers that are related to producers have to fill in Annex I to the questionnaire for these producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘‘person’’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(11) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of subsidy.

(12) A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(13) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

ANNEX

☐	‘Sensitive’ version
☐	Version ‘For inspection by interested parties’
(tick the appropriate box)

EXPIRY REVIEW OF THE ANTI-SUBSIDY MEASURES APPLICABLE TO IMPORTS OF TUBES AND PIPES OF DUCTILE CAST IRON ORIGINATING IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.2 of the Notice of initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name
Address
Contact person
E-mail address
Telephone
Fax

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of your company, and the turnover and weight of imports into the Union and resales on the Union market after importation from India, during the review investigation period (1 January 2020 to 31 December 2020) of tubes and pipes of ductile cast iron as defined in the Notice of initiation.

	Tonnes	Value in euros (EUR)
Total turnover of your company in euros (EUR)
Imports of the product under review originating in India into the Union
Imports of the product under review into the Union (all origins)
Resales on the Union market after importation from India of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of your company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location	Activities	Relationship

4. OTHER INFORMATION

Please provide any other relevant information that you consider useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, your company agrees to its possible inclusion in the sample. If your company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If your company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5% or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ''person'' means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

17.3.2021

Official Journal of the European Union

C 90/19

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of tubes and pipes of ductile cast iron originating in India

(2021/C 90/07)

Following the publication of the Notice of impending expiry (1) of the anti-dumping measures in force on the imports of tubes and pipes of ductile cast iron originating in India, the European Commission (‘the Commission’) has received a request for a review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2) (‘the basic Regulation’).

1. Request for review

The request was lodged on 21 December 2020 by Saint-Gobain PAM, Saint-Gobain PAM Deutschland GmbH and Saint-Gobain PAM España S.A., (‘the applicant’), representing the Union industry of tubes and pipes of ductile cast iron in the sense of Article 5(4) of the basic Regulation.

2. Product under review

The product subject to this review is tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), (‘ductile pipes’), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), originating in India, currently falling under CN codes ex 7303 00 10 (TARIC code 7303001010) and ex 7303 00 90, (TARIC code 7303009010) (‘product under review’). The CN and TARIC codes are given for information only.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) 2016/388 (3), as last amended by Implementing Regulation (EU) 2016/1369 (4). On 17 April 2020, the Commission re-imposed a definitive anti-dumping duty, as of 19 March 2016, at the rate of 3 % (5) as regards Jindal Saw Limited, following the implementation of the judgment of the General Court in T-301/16 (6), which partially annulled Commission Implementing Regulation (EU) 2016/388 as far as Jindal Saw Limited is concerned.

4. Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and continuation or recurrence of injury to the Union industry.

4.1. Allegation of likelihood of continuation or recurrence of dumping

The allegation of likelihood of continuation or recurrence of dumping for India (‘the country concerned’) is based on a comparison of the domestic price with the export price (at ex-works level) of the product under review when sold for export to the Union. On this basis, the dumping margins calculated are significant for the country concerned.

4.2. Allegation of likelihood of continuation or recurrence of injury

The applicant also alleges the likelihood of further injury. In this respect the applicant has also provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity and the potential of the manufacturing facilities of the exporting producers in India.

In addition, the applicant alleges that any further substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.

5. Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence of a likelihood of dumping and injury exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

Regulation (EU) 2018/825 of the European Parliament and of the Council (TDI Modernisation package) (7), which entered into force on 8 June 2018, introduced a number changes to the timetable and deadlines previously applicable in anti-dumping proceedings. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (8) has been published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

The Commission further draws the attention of the parties to the separate on-going anti-subsidy investigation covering the same product (9). The exporting producers, the Union industry, and all the interested parties in such anti - subsidy investigation are invited to register separately for this investigation and to submit the relevant information according to the modalities and the timelines specified in this Notice without regard to the information possibly submitted in the context of the anti-subsidy investigation. The information or comments submitted in the context of the anti-subsidy investigation will not automatically be taken into account in this investigation, and parties will have to submit as a matter of principle all the information concerning this investigation separately in the context of this procedure.

5.1. Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2020 to 31 December 2020 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2017 to the end of the review investigation period (‘the period considered’).

5.2. Comments on the request and the initiation of the investigation

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3. Procedure for the determination of a likelihood of continuation or recurrence of dumping

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at dumped prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers (10) of the product under review from the country concerned, irrespective of whether or not they exported the product under review to the Union in the review investigation period and including those that did not cooperate in the investigation leading to the measures in force are invited to participate in the Commission investigation.

5.3.1. Investigating producers in the country concerned

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, are hereby requested to provide the Commission with information on their companies within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/78f607ad-563b-c160-18b4-5fab9eb92a26 Tron access information can be found in Sections 5.6 and 5.9 below.

In order to obtain the information it deems necessary for the selection of the sample of producers in the country concerned, the Commission will also contact the authorities of the country concerned and may contact any known associations of producers in the country concerned.

If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers in the country concerned, the authorities of the country concerned and associations of producers in the country concerned will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

The questionnaire will also be made available to any known association of producers, and to the authorities of that country.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating producers’).

5.3.2. Investigating unrelated importers (11) (12)

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review from the country concerned in the Union, which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

A copy of the questionnaire for unrelated importers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2520

5.4. Procedure for the determination of a likelihood of a continuation or recurrence of injury

5.4.1. Investigating Union producers

The Commission will notify all known Union producers and/or associations of Union producers of the companies finally selected to be in the sample.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2520

5.5. Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and continuation or recurrence of injury be confirmed, the Commission will determine, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest.

In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission, which substantiates its validity.

5.6. Interested parties

Producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in Sections 5.2, 5.3 and 5.4 will be considered as interested parties if there is an objective link between their activities and the product under review.

Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI Please follow the instructions on that page to get access.

5.7. Other written submissions

5.8. Possibility to be heard by the Commission investigation services

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

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (13). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and request via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets. By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email, which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://tron.trade.ec.europa.eu/tron/tdi

Email addresses:

For dumping issues: TRADE-R736-AD-DUCTILE@ec.europa.eu

For injury and Union interest issues: TRADE-R736-R737-INJURY-DUCTILE@ec.europa.eu

6. Schedule of the investigation

The investigation shall normally be concluded within 12 months and in any event no later than 15 months from the date of the publication of this Notice, pursuant to Article 11(5) of the basic Regulation.

7. Submission of information

As a rule, interested parties may only submit information in the timeframes specified in Section 5 of this Notice.

8. Possibility to comment on other parties’ submissions

The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.

9. Extension to time limits specified in this Notice

10. Non-cooperation

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

11. Hearing Officer

12. Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

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

13. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (14).

(1) Notice of the impending expiry of certain anti-dumping measures (OJ C 210, 24.6.2020, p. 29).

(2) OJ L 176, 30.6.2016, p. 21.

(3) Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 73, 18.3.2016, p. 53). Provisional duties were imposed by Commission Implementing Regulation (EU) 2015/1559 (OJ L 244, 19.9.2015 , p. 25).

(4) Commission Implementing Regulation (EU) 2016/1369 of 11 August 2016 amending Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 217, 12.8.2016, p. 4).

(5) Commission Implementing Regulation (EU) 2020/527 of 15 April 2020 re-imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in T-301/16 (OJ L 118, 16.4.2020, p. 14).

(6) Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019, Jindal Saw Ltd and Jindal Saw Italia SpA v European Commission, T-301/16, ECLI:EU:T:2019:234.

(7) Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

(8) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29

Procedures related to the implementation of the common commercial policy on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(9) Notice of initiation of an expiry review of the anti-subsidy measures applicable to imports of tubes and pipes of ductile cast iron originating in India (OJ C 90, 17.3.2021, p. 8).

(10) A producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(11) Only importers not related to producers in the country concerned can be sampled. Importers that are related to producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(12) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(13) A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(14) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

ANNEX

☐	‘Sensitive’ version
☐	Version ‘For inspection by interested parties’
(tick the appropriate box)

EXPIRY REVIEW OF THE ANTI-DUMPING MEASURES APPLICABLE TO IMPORTS OF TUBES AND PIPES OF DUCTILE CAST IRON ORIGINATING IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.2 of the Notice of initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name
Address
Contact person
Email address
Telephone
Fax

2. TURNOVER AND SALES VOLUME

	Tonnes	Value in euros (EUR)
Total turnover of your company in euros (EUR)
Imports of the product under review originating in India into the Union
Imports of the product under review into the Union (all origins)
Resales on the Union market after importation from India of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Company name and location	Activities	Relationship

4. OTHER INFORMATION

Please provide any other relevant information that you consider useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

17.3.2021

Official Journal of the European Union

C 90/30

Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2021/C 90/08)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATION OF A STANDARD AMENDMENT MODIFYING THE SINGLE DOCUMENT

‘LUBERON’

PDO-FR-A0920-AM03

Date of communication: 14.12.2020

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1. Vineyard layout

The conditions of the ban on chemical weeding and plastic mulching on planting have been clarified. These rules were added so as to preserve the characteristics of the physical and biological environment that forms an essential part of the terroir.

The amendment does not affect the single document.

2. Reporting obligations – packaging declaration

The packaging declaration must now be sent to the approved inspection body no later than 3 working days after the date of packaging, rather than before packaging as used to be the case. A declaration of sale in bulk to the consumer must be sent to the approved inspection body no later than 3 working days after the wine has left the winery to be sold in that way.

This amendment does not affect the single document.

3. References to the inspection body

The contact details of the inspection body, Certipaq, have been updated. This is an independent body offering guarantees of competence, impartiality and independence under the authority of INAO on the basis of an approved inspection plan.

The amendment is set out under the heading ‘Contact details’ in the single document.

SINGLE DOCUMENT

1. Product name

Luberon

2. Geographical indication type

PDO - Protected designation of origin

3. Categories of grapevine product

Wine

4. Description of the wine(s)

Rosé wines

The rosé wines have a minimum natural alcoholic strength by volume of 11,5 %.

Their fermentable sugar content must not exceed 4 grams per litre.

After enrichment, the wines’ total alcoholic strength by volume must not exceed 13 %.

The wines are made from a blend of at least two grape varieties.

‘Luberon’ rosés are typical of Rhône valley vineyards but with Mediterranean or, more specifically, Provençal influences. They are fresh and fruity, often with aromas of exotic fruit enhanced by a balanced liveliness.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Minimum actual alcoholic strength (in % volume)
Minimum total acidity	in milliequivalents per litre
Maximum volatile acidity (in milliequivalents per litre)
Maximum total sulphur dioxide (in milligrams per litre)

Red wines

The red wines have a minimum natural alcoholic strength by volume of 12 %.

After enrichment, the wines’ total alcoholic strength by volume must not exceed 13,5 %.

Their fermentable sugar content must not exceed 4 grams per litre when the alcoholic strength by volume is more than 14 %, or 3 grams per litre when the alcoholic strength by volume is less than 14 %.

Their malic acid content at the packaging stage is less than 0,4 grams per litre.

The wines are made from a blend of at least two grape varieties.

‘Luberon’ reds are balanced, with a fruity aromatic range dominated by blackcurrant or other fresh red fruit.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Minimum actual alcoholic strength (in % volume)
Minimum total acidity	in milliequivalents per litre
Maximum volatile acidity (in milliequivalents per litre)
Maximum total sulphur dioxide (in milligrams per litre)

White vines

The white wines have a minimum natural alcoholic strength by volume of 11,5 %.

After enrichment, the wines’ total alcoholic strength by volume must not exceed 13 %.

Their fermentable sugar content must not exceed 4 grams per litre.

The wines are made from a blend of at least two grape varieties.

‘Luberon’ whites are soft and aromatic, with notes often reminiscent of citrus fruit. They have a mineral character brought out by a balance of freshness and roundness.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Minimum actual alcoholic strength (in % volume)
Minimum total acidity	in milliequivalents per litre
Maximum volatile acidity (in milliequivalents per litre)
Maximum total sulphur dioxide (in milligrams per litre)

5. Wine-making practices

a. Specific oenological practices

Specific oenological practice

—	To produce the rosé wines, winemakers are permitted to use oenological charcoal exclusively on press musts, without exceeding 20 % of the total volume made into wine by the operator for that harvest.

Spacing and pruning

Growing method

—	the area available for each plant must not exceed 2,5 m2, calculated by multiplying the distance between rows and the space between plants in the same row,

—	the distance between rows must not exceed 2,5 m,

—	the spacing between plants in the same row ranges from 0,8 m to 1,2 m.

The vines are pruned:

—	either short (using the Gobelet or Cordon de Royat method) with a maximum of six spurs per vine and a maximum of two buds per spur, or

—	using the single Guyot method, with a maximum of six buds on the cane and a replacement spur with no more than two buds.

Irrigation

Growing method

Irrigation may be permitted.

b. Maximum yields

66 hectolitres per hectare

6. Demarcated geographical area

The grapes are harvested and the wines made and processed in the following municipalities in the department of Vaucluse: Ansouis, Apt, La Bastide-des-Jourdans, La Bastidonne, Beaumont-de-Pertuis, Bonnieux, Cabrières-d’Aigues, Cadenet, Castellet, Cheval-Blanc, Cucuron, Goult, Grambois, Lacoste, Lauris, Lourmarin, Maubec, Ménerbes, Mérindol, Mirabeau, La Motte-d’Aigues, Oppède, Pertuis, Peypin-d’Aigues, Puget-sur-Durance, Puyvert, Robion, Saignon, Saint-Martin-de-Castillon, Saint-Martin-de-la-Brasque, Sannes, Les Taillades, La Tour-d’Aigues, Vaugines, Villelaure and Vitrolles-en-Luberon.

7. Main wine grape variety(-ies)

Bourboulenc B – Doucillon Blanc

Carignan N

Cinsaut N – Cinsault

Clairette B

Grenache N

Grenache Blanc B

Marsanne B

Marselan N

Mourvèdre N – Monastrell

Roussanne B

Syrah N – Shiraz

Ugni Blanc B

Vermentino B – Rolle

Viognier B

8. Description of the link(s)

The geographical area, situated around the Luberon limestone massif, is remarkably uniform. It is part of the larger Rhône valley winegrowing area and is bordered by the Apt valley and the ‘Ventoux’ AOC production area to the north, the Durance Valley to the south, the foothills of the Alps of Haute Provence to the east and the Vaucluse plain to the west.

The vineyards are located on the slopes or at the base of imposing limestone hills, on parcels whose soils are made up of limestone gravel that promote their heating and draining, making them well suited to the production of quality grapes.

The Mediterranean climate favours the ripening of the grapes, with high temperatures and plenty of sunshine during summer, when sugars and polyphenols accumulate in the berries. The wind, by chasing the clouds, helps protect the vines from cryptogamic diseases. Exposure to the sun also promotes the development of aromatic precursors. The area is open to Alpine influences from the east and is also characterised by large temperature variations between day and night. These variations, particularly at the grape ripening stage, allow polyphenols to develop slowly and thus have a direct influence on the wines’ balance, resulting in round and full wines characterised by freshness and elegance.

‘Luberon’ winemakers have made constant efforts to improve production methods. As a result, quality grape harvests are obtained under good technical conditions, both at vineyard level thanks to a programme of selecting quality varieties and at the production stage through the modernisation of winemaking equipment.

The ‘Luberon’ winegrowing area has a strong tourist appeal with its valleys, forests, castles and folk tales. Visitors discover the area by touring its vineyards and hilltop villages.

9. Essential further conditions (packaging, labelling, other requirements)

Smaller geographical unit

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

Wines with the registered designation of origin may display the name of a smaller geographical unit on their labels, provided that:

—	it is a registered location,

—	it appears on the harvest declaration.

Broader geographical unit

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The labels of wines with the registered designation of origin may specify the broader geographical unit ‘Vignobles de la Vallée du Rhône’ in accordance with the conditions specified in the agreement signed between the protection and management bodies concerned.

Area in immediate proximity

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

Department of Alpes-de-Haute-Provence: Aubenas-les-Alpes, Banon, Céreste, Corbières, L’Hospitalet, Montfuron, Montjustin, Montsalier, Oppédette, Pierrevert, Redortiers, Reillanne, Revest-des-Brousses, Revest-du-Bion, La Rochegiron, Sainte-Croix-à-Lauze, Sainte-Tulle, Saumane, Simiane-la-Rotonde, Vachères and Villemus;

Department of Bouches-du-Rhône: Alleins, Aureille, Barbentane, Cabannes, Charleval, Chateaurenard, Eygalières, Eyguières, Eyragues, Graveson, Jouques, Lamanon, Lambesc, Mallemort, Meyrargues, Molléges, Mouries, Noves, Orgon, Peyrolles-en-Provence, Plan-d’Orgon, Le Puy-Sainte-Reparade, Rognes, Rognonas, La Roque-d’Anthéron, Saint-Andiol, Saint-Cannat, Saint-Estève-Janson, Saint-Paul-Lez-Durance, Saint-Rémy-de-Provence, Senas, Vernègues and Verquières;

Department of Var: Artigues, Ginasservis, Rians, Saint-Julien, La Verdière and Vinon-sur-Verdon;

Department of Vaucluse: Aurel, Auribeau, Avignon, Le Beaucet, Beaumettes, Bedoin, Blauvac, Buoux, Cabrières-d’Avignon, Caseneuve, Caumont-sur-Durance, Cavaillon, Châteauneuf-de-Gadagne, Crillon-le-Brave, Flassan, Fontaine-de-Vaucluse, Gargas, Gignac, Gordes, L’Isle-sur-la-Sorgue, Jonquerettes, Joucas, Lagarde-d’Apt, Lagnes, Lioux, Malemort-du-Comtat, Méthamis, Modène, Monieux, Morières-lès-Avignon, Mormoiron, Murs, Pernes-les-Fontaines, La Roque-sur-Pernes, Roussillon, Rustrel, Saint-Christol, Saint-Didier, Saint-Pantaléon, Saint-Pierre-de-Vassols, Saint-Saturnin-lès-Apt, Saint-Saturnin-lès-Avignon, Saint-Trinit, Sault, Saumane-de-Vaucluse, Sivergues, Le Thor, Velleron, Venasque, Viens, Villars and Villes-sur-Auzon.

Link to the product specification

http://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-91fe7e08-c446-42f8-97c8-c0eaef478f6e

(1) OJ L 9, 11.1.2019, p. 2.

17.3.2021

Official Journal of the European Union

C 90/35

Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2021/C 90/09)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATION OF STANDARD AMENDMENT MODIFYING THE SINGLE DOCUMENT

‘JUMILLA’

PDO-ES-A0109-AM04

Date of communication: 16 December 2020

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1. Changes to the wording regarding analytical characteristics (point 2 a of the specification and point 4 of the single document)

a. Removal of the minimum values for total alcoholic strength by volume for dry wines.

The values for total alcoholic strength by volume have been removed in the case of dry wines because they are the same as for the minimum actual alcoholic strength by volume, making their inclusion redundant. This simplifies the text without altering the requirements.

b. Mention of analytical requirements not included in the table.

The values for total sugars and sulphur dioxide are not sufficiently defined in the current specification, which can cause confusion for operators. Mention of each component has therefore been expanded with the units of measurement specified. Under the current rules, total sugars must be expressed as glucose plus fructose.

2. Improved definition of organoleptic characteristics (point 2 b of the specifications and point 4 of the single document)

The organoleptic description for each of the categories has been amended. The text has been updated and corrected in line with the work of the control body’s tasting panel. Certain terms and references have been replaced by expressions that are more appropriate for sensory analysis. Each category has been defined more objectively in order to produce specific descriptors and facilitate analysis. Unnecessary adjectives have been removed.

3. Clarification of certain specific oenological practices (point 3 b of the specification and point 5 a of the single document)

A.	For the required alcoholic strength of the grapes to be used to make the wine covered by the PDO, the parameter has been replaced. Instead of ‘minimum natural alcoholic strength by volume as a percentage’ the parameter is now ‘degrees Baumé’ as this is measured when the grapes arrive at the winery.

B.	Calculation of wine yield has been clarified. In order to avoid incorrect interpretations, it is specified that yield is calculated as litres of finished wine to kilograms of grapes used.

4. Final use of grapes from parcels with excess yields (point 5 of the specification)

Grapes from parcels with excess yields cannot be used to make wine of this designation of origin. For the avoidance of doubt, the consequences of failing to comply have been clearly set out.

5. Updating of the relevant legal framework (point 8 a of the specification)

References to obsolete legislation have been removed and legislation in force is referenced.

6. Inclusion of additional requirements (point 8 b of the specification)

Operators regularly produce ‘Harvest Rules’ with further requirements or clarifications to those laid down in the Specification. It is important to point out that compliance is obligatory.

7. Requirements relating to packaging (point 8 b of the specification)

It has been stipulated that the packaging capacity and material must be covered by national legislation, and have been authorised by the Regulatory Board. In the case of bag-in-box, the maximum volume is ten litres for white, rosé and red wines. Wines labelled ‘Reserva’ and ‘Gran Reserva’ are excluded as these must, by definition, spend time in the bottle. Selecting the size of the containers in which the product is presented to consumers is a commercial decision. It is the responsibility of the operators who, in this case, agree on common requirements.

8. Amendment to the requirements for the wine labels (point 8 b of the specification and 9 of the single document)

The required font size has been included for the protected name and for the legal term ‘denominación de origen protegido’ or, where applicable, ‘denominación de origen’. There is also mention of the obligation to comply with the applicable legislation in force, as well as the Regulatory Board’s rules on labelling. Quality marks on the labels, as well as seals and serial numbers must be visible on the packaging to ensure that the information is transparent. The references to legislation have also been updated in this section, along with the names of the competent administrative bodies.

Common labelling requirements have been established by consensus.

9. Removal of exemptions to the rules in the vineyard (point 8 b of the specification)

The variety ‘Meseguera’ is not authorised for the PDO ‘Jumilla’. However, there were exceptions for those parcels registered in the Regulatory Board’s vineyard register before 1995. This exemption has been removed as there are no longer any such vineyards.

SINGLE DOCUMENT

1. Name of the product

Jumilla

2. Geographical indication type

PDO – Protected Designation of Origin

3. Categories of grapevine product

Wine

3.	Liqueur wine

4. Description of the wine(s)

White wines (‘Jumilla’ and ‘Jumilla Dulce’)

Appearance: ranging from steely to topaz. Clear and bright.

Aroma: fresh fruit. The sweet wines may have dried fruit notes.

Taste: balance of acidity and sweetness. In the sweet wines, sweetness predominates over acidity.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	11
Minimum total acidity	4 grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre)	13,3
Maximum total sulphur dioxide (in milligrams per litre)

Rosé wines (‘Jumilla’ and ‘Jumilla Dulce’)

Appearance: ranging from raspberry-pink to pale salmon. Clear and bright.

Aroma: fresh fruit, red fruit. The sweet wines may have dried fruit notes.

Taste: balanced acidity. In the sweet wines, sweetness predominates over acidity.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	11,5
Minimum total acidity	4 grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre)	13,3
Maximum total sulphur dioxide (in milligrams per litre)

Rosé wines (Jumilla Monastrell)

Appearance: ranging from raspberry-pink to pale salmon. Clear and bright.

Aroma: fresh fruit, red fruit. The sweet wines may have dried fruit notes.

Taste: balanced acidity. In the sweet wines, sweetness predominates over acidity.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	12
Minimum total acidity	4 grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre)	13.,3
Maximum total sulphur dioxide (in milligrams per litre)

Red wines (Jumilla Monastrell)

Appearance: ranging from violet to brick-red, sweet wines may develop an ochre shade. Clear and bright.

Aroma: red fruit, black fruit. The sweet wines have dried fruit notes.

Taste: balanced acidity. Tannic. In the sweet wines, sweetness predominates over acidity.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	12,5
Minimum total acidity	4 grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre)	13,3
Maximum total sulphur dioxide (in milligrams per litre)

Red wines (‘Jumilla’ and ‘Jumilla Dulce’)

Appearance: ranging from violet to brick-red, sweet wines may develop an ochre shade. Clear and bright.

Aroma: red fruit, black fruit. The sweet wines have dried fruit notes.

Taste: balanced acidity. Tannic. In the sweet wines, sweetness predominates over acidity.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	12
Minimum total acidity	4 grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre)	13,3
Maximum total sulphur dioxide (in milligrams per litre)

Liqueur wines (Tinto Monastrell)

Appearance: ranging from cherry red to ochre. Clear and bright.

Aroma: black fruit, dried fruit.

Taste: sweetness predominates over acidity. Tannic.

*	Analytical requirements not included in the table are in accordance with EU wine legislation in force.

General analytical characteristics
Maximum total alcoholic strength (in % volume)
Maximum actual alcoholic strength (in % volume)	15
Minimum total acidity	(in milliequivalents per litre)
Maximum volatile acidity (in milliequivalents per litre)
Maximum total sulphur dioxide (in milligrams per litre)

5. Wine-making practices

a. Specific oenological practices

Cultivation method

Vineyards covered by the ‘Jumilla’ protected designation of origin can be subject to extensive cultivation or intensive cultivation methods.

—	Extensive cultivation: for vineyards in which, for reasons of terrain, altitude, rainfall and other environmental factors, planting density complies with the following agricultural parameters: maximum 1 900 plants per hectare and minimum 1 100 plants per hectare.

—	Intensive cultivation: for vineyards which, again according to environmental conditions, comply with the following agricultural parameters:

planting density between 3 350 and 1 500 plants per hectare.

Specific oenological practice

Grapes are harvested in a way that does not harm their quality. For wines covered by the PDO, only healthy grapes are used which are sufficiently ripe and at a minimum of 10,7o Baumé for white grapes, and 11o Baumé for red grapes.

Monastrell grapes intended to be used for liqueur wine must be at a minimum of 13o Baumé when harvested.

In pressing, the must and wine are subject to pressures giving a maximum yield that, following transformation, cannot exceed 74 litres of finished wine per 100 kilograms of grapes.

For the purpose of calculating the ageing processes, the first day of October of each year is taken as the start.

b. Maximum yields

Red varieties in extensive cultivation

5 000 kilograms of grapes per hectare

Red varieties in extensive cultivation

37 hectolitres per hectare

White varieties in extensive cultivation

5 625 kilograms of grapes per hectare

White varieties in extensive cultivation

41,62 hectolitres per hectare

In intensive cultivation

8 750 kilograms of grapes per hectare

In intensive cultivation

64,75 hectolitres per hectare

6. Demarcated geographical area

The production area for wines covered by the protected designation of origin ‘Jumilla’ comprises land situated within the municipalities of Jumilla, in the province of Murcia, and Fuentealamo, Albatana, Ontur, Hellín, Tobarra and Montealegre del Castillo in the province of Albacete.

7. Main wine grape variety(ies)

AIRÉN

CABERNET SAUVIGNON

CHARDONNAY

GARNACHA TINTA - LLADONER

GARNACHA TINTORERA

MACABEO - VIURA

MALVASIA AROMÁTICA - MALVASÍA SITGES

MERLOT

MONASTRELL

MOSCATEL DE GRANO MENUDO - MOSCATEL MORISCO

PEDRO XIMÉNEZ

PETIT VERDOT

SAUVIGNON BLANC

SYRAH

TEMPRANILLO - CENCIBEL

VERDEJO

8. Description of the link(s)

Wines

The most important grape is Monastrell. It is a very hardy variety that is perfectly adapted to the harsh conditions of the area, with its drought, very hot summers and spring frosts. It produces big, fleshy wines, rich in alcohol and acidity with highly characteristic aromas of ripe fruit and a well integrated astringency.

The other authorised varieties perfectly complement Monastrell, stabilising the colour and adding acidity and ageing capacity, as well as harmonising the aromas perfectly.

Liqueur wines

These wines are made from Monastrell, a variety which gives them colour intensity ranging from medium to very high and, potentially, almost opaque. This is the result of the high temperatures characteristic of the area.

9. Essential further conditions (packaging, labelling, other requirements)

Labelling of wines

Legal framework:

In national legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The name of the protected designation of origin must appear prominently on the labels, in a font that must be a minimum of 3 millimetres and a maximum of 10 millimetres in height.

The name must appear next to the words ‘Denominación de Origen Protegida’ or ‘Denominación de Origen’ which must be in a font of a minimum of 2 millimetres in height, but which must always be smaller than the accompanying name of the PDO.

Other references will be those laid down in the general legislation on wine labelling, and in the specific rules and regulations on labelling established by the Regulatory Board and currently in force.

Packaging must include quality seals, front/back labels or numbered labels issued by the Regulatory Board. These must be affixed by the winery and be visible on the packaging in a way that prevents their re-use.

Link to the product specification

https://www.mapa.gob.es/es/alimentacion/temas/calidad-diferenciada/20201029pcdopjumillacorreccion_tcm30-552789.pdf

(1) OJ L 9, 11.1.2019, p. 2.

17.3.2021

Official Journal of the European Union

C 90/42

Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2021/C 90/10)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) No 2019/33 (1).

COMMUNICATION OF APPROVAL OF A STANDARD AMENDMENT

‘VIILE TIMIŞULUI’

PGI-RO-A0108-AM01

Date of communication: 16.12.2020

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1. Introduction of new main wine grape varieties

The specification is supplemented with the new main wine varieties Tămâioasă românească, Traminer roz, Viognier, Cabernet Franc, Negru de Drăgășani and Alicante Bouschet. The areas under these varieties have been replanted through programmes supported by European funding, some with domestic varieties which have remarkable aromatic potential in this protected indication due in particular to soil types, and with international varieties which are particularly well adapted to the topography of gentle, sunny slopes, and plateaux with a climate specific to the harvest maturation months.

Moreover, starting in 2013, the wine sheet has been used to monitor the traceability of wines produced from the Cabernet Franc, Negru de Drăgășani, Tămâioasă românească and Traminer roz varieties, which present a rich aromatic pallet, albeit to the detriment of the accumulation of sugars, in terms of alcoholic strength, total/volatile acidity, sugar and total SO2 content.

The amendment affects Chapter IV of the specification and Section 7 of the single document.

2. Clarification on obtaining still wine

The definition of the still wine produced under the PGI has been reworded in order to provide further clarification on how this wine is obtained.

The amendment affects Chapter I of the specification, and does not affect the single document.

3. Amendment of the demarcated area to reflect its extension

The village of Bencecu Mic, which no longer exists under that name as a result of administrative-territorial redistribution, must be removed from the demarcated geographical area.

Furthermore, the demarcated geographical area is extended to include the village of Jamu Mare in the county of Timiș, because this locality has soil and climate conditions which are similar to the rest of the PGI area and because it is located at a short distance from the village of Silagiu, which is part of the demarcated PGI area.

Chapter III of the specification and Section 6 of the single document have been amended.

4. Amendment of wine yield to reflect growth

Certain clones which give a higher plant/ha density have been planted under the conversion/restructuring programmes in the demarcated area of the protected indication. Clones have been used which have a higher capacity to harness the mineral and nutrient complex in the soil (siliceous stones) and also the oenoclimatic indices of the area. Based on the maximum load of fruit buds/plant, of bunches on the shoot, with a minimum and maximum weight for the bunch and in relation to the biological specificity of each variety, wine production must be increased to a maximum level while still preserving the PGI quality, for all the authorised wine varieties.

The production increase should preserve the character of the variety and bring out the special character of the given area in terms of microclimate and soil type.

Chapters IV and V of the specification and Section 5 of the single document have been amended.

5. Introduction of a condition concerning total alcoholic strength

Where wines are produced without any enrichment, the condition must be added that total alcoholic strength may be maximum 20 % vol. for these PGI wines.

Chapter X of the specification and Section 5 of the single document have been amended.

6. Completion of the link with the geographical area

The link with the geographical area is being completed to ensure compliance with the legislation in the case of a PGI. For the presentation of the necessary information, additions are being made with regard to the details concerning the characteristics of the wines and the causal interaction between the area and the product.

Chapter II of the specification and Section 8 of the single document have been amended.

SINGLE DOCUMENT

1. Name of product

Viile Timişului

2. Geographical indication type

PGI – Protected Geographical Indication

3. Categories of grapevine products

Wine

4. Description of the wine(s)

Analytical and organoleptic characteristics

Wine with the protected geographical indication ‘Viile Timişului’ is still wine produced exclusively from the total or partial alcoholic fermentation of fresh grapes (whether or not crushed) or from grape must, harvested from vineyards situated in the area dedicated to that purpose.

White wines – colour straw-yellow, greenish-yellow or with lemon tints, or pale yellow with greenish tinges:

—	nose: specific muscat aroma, citrus flowers, elderflower or wildflowers, aromas of white peaches, vine flowers, aromas of apricots, ripening grapes, acacia flowers, fine aromas, honey notes, particular aroma of green apple.

—	taste: harmonious, fruity, lively, slightly acidic taste of elderflower, taste of apricots and summer apples, honey notes, ripe apricots, citrus with mineral notes, unctuous, with primary aromas of rose blossom, cinnamon, lime, rounded with distinctive secondary aromas from ageing.

Red wines – visual red-purple, or red-ruby with hints of terracotta, garnet red, deep red:

—	nose: bouquet of ripe blueberries, subtle notes of cinnamon, spicy notes, aromas of green pepper, blackcurrant leaves, black cherries, ripe forest fruits.

—	taste: aromas of black fruit, spices, with well-integrated tannins, notes of wood when aged in oak casks, high acidity and medium body.

General analytical characteristics
Maximum total alcoholic strength (in % volume):	15
Minimum actual alcoholic strength (in % volume):	10
Minimum total acidity:	3,5 in grams per litre expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre):	1,2
Maximum total sulphur dioxide (in milligrams per litre)	300

5. Wine-making practices

a. Specific oenological practices

Winemaking practices

Relevant restriction on making the wines

No addition of saccharose is allowed in the production of wines with the geographical indication ‘Viile Timişului’.

The total alcoholic strength may be maximum 20 % vol., where the wines have been produced without any enrichment.

b. Maximum yields

Chardonnay, Cabernet Franc, Cabernet Sauvignon, Fetească albă, Fetească neagră, Muscat Ottonel, Pinot gris, Pinot noir

200 kilograms of grapes per hectare

Portugais bleu, Riesling italian, Sangiovese, Tămâioasă românească, Traminer roz

200 kilograms of grapes per hectare

Cadarcă, Merlot, Negru de Drăgăşani, Riesling de Rhin, Sauvignon, Viognier

250 kilograms of grapes per hectare

Burgund mare, Fetească regală, Novac

300 kilograms of grapes per hectare

Mustoasă de Măderat, Syrah/ Shiraz, Alicante Bouschet

350 kilograms of grapes per hectare

Chardonnay, Fetească albă, Muscat Ottonel, Pinot gris, Riesling italian, Tămâioasă românească, Traminer roz

150 hectolitres per hectare

Riesling de Rhin, Sauvignon, Viognier

187,5 hectolitres per hectare

Feteasca regala

225 hectolitres per hectare

Mustoasă de Măderat

262,5 hectolitres per hectare

Cabernet Sauvignon, Cabernet Franc, Fetească neagră, Pinot noir, Portugais bleu, Sangiovese

144 hectolitres per hectare

Cadarcă, Merlot, Negru de Drăgăşani

180 hectolitres per hectare

Burgund mare, Novac

216 hectolitres per hectare

Alicante Bouschet, Syrah/ Shiraz

252 hectolitres per hectare

6. Demarcated geographical area

Podgoria Silagiu, in the county of Timiş, with the following localities:

—	the town of Buziaş, and the villages of Buziaş and Silagiu

Podgoria Silagiu, in the county of Timiş, with the following localities:

—	the town of Recaş (villages of Izvin, Herneacova, Petrovaselo, Stanciova, Recaş)

3.	Podgoria Lugoj, in the county of Timiş, with the town of Lugoj

Podgoria Giarnata, in the county of Timiş, with the following localities:

—	Giarmata (Pişchia village)

Podgoria Teremia, in the county of Timiş, with the localities:

—	Teremia Mare (Teremia Mare village).

6.	Podgoria Jamu Mare, in the county of Timiş, with the village of Jamu Mare.

7. Main wine grape variety(-ies)

Alicante Bouschet N - Alicante Henri Bouschet

Burgund Mare R - Grosser burgunder, Grossburgunder, Blaufrankisch, Kekfrankos, Frankovka, Limberger

Cabernet Franc N

Cabernet Sauvignon N - Petit Vidure, Bourdeos tinto

Cadarcă R - Schwarzer Kadarka, Rubinroter Kadarka, Lugojană, Gâmză, Fekete budai

Chardonnay B - Gentil blanc, Pinot blanc Chardonnay

Fetească albă B - Păsărească albă, Poama fetei, Mädchentraube, Leanyka, Leanka

Fetească neagră N - Schwarze Mädchentraube, Poama fetei neagră, Păsărească neagră, Coada rândunicii

Fetească regală B - Königliche Mädchentraube, Königsast, Kiralyleanka, Dănășană, Galbenă de Ardeal

Merlot N - Bigney rouge

Muscat Ottonel B - Muscat Ottonel blanc

Mustoasă de Măderat B - Lampau, Lampor, Mustafer, Mustos Feher, Straftraube

Negru de Drăgăşani N

Novac N

Pinot Gris G - Affumé, Grauer Burgunder, Grauburgunder,Grauer Mönch, Pinot cendré,Pinot Grigio, Ruländer

Pinot Noir N - Blauer Spätburgunder, Burgund mic, Burgunder roter, Klävner Morillon Noir

Portugais Bleu N - Blauer Portugieser, Oporto, Portugieser,

Riesling de Rhin N - Weisser Riesling, White Riesling

Riesling italian B - Olasz Riesling, Olaszriesling, Welschriesling

Sangiovese N - Brunello di Montalcino, Morellino

Sauvignon B — Green sauvignon

Syrah N - Shiraz, Petit Syrah

Traminer Rose Rs - Rosetraminer, Savagnin Rose, Gewürztraminer

Tămâioasă românească B - Busuioacă de Moldova, Muscat blanc à petit grains

Tămâioasă românească B - Rumanische Weihrauchtraube, Tamianka

Viognier B - Bergeron, Barbin, Rebolot, Greffou, Picotin Blanc, Vionnier

Viognier B - Petit Vionnier, Viogne, Galopine, Vugava bijela

8. Description of the link(s)

Link with the geographical area

Details of the geographical area

The specific natural feature is the hilly area of the Banat Plain, with altitudes of up to 150 m benefitting from strong sunshine throughout the year. The area contains podzolic soils rich in iron oxides and microelements. Vineyards benefit from southern, south-western or south-eastern exposure, with most plantations located on gentle slopes and plateaux.

Product details

The wines obtained from ferruginous soils have a bright red colour, are extremely subtle and have an outstanding personality.

Varieties such as Traminer roz, Cabernet Franc and Viognier clearly express the potential of the area, highlighted by their typical character.

Typical characteristics and special taste features can be noted in varieties such as Cabernet Sauvignon, Cadarcă and Mustoasă de Măderat, which showcase medium to high acidity, body, a typically grassy taste, hints of spice, forest fruits, woody notes when aged, fruity aromas, thin body and a specific aroma of vine blossom (Mustoasă de Măderat).

Causal interaction

Persistent fog on autumn mornings in the foothills of Silagiu, Buziaş, Recaş, Herneacova and Petrovaselo contributes to a full aromatic spectrum in Sauvignon, Riesling de Rhin, Syrah/ Shiraz and Cabernet Franc. Cabernet Franc constantly records total acidity values of more than 5 g/l, in tartaric acid.

The minerality of the soil of Recaş and Petrovaselo is reflected in the taste of the Riesling de Rhin and Cabernet Sauvignon varieties.

The ferruginous soils of Izvin and Silagiu make their mark on the red wines of the Novac, Pinot noir, Portugais bleu, Sangiovese, Cadarcă and Merlot varieties. The wines obtained from ferruginous soils have a bright red colour, and are fine wines with an outstanding personality.

The gentle and sunny slopes foster the accumulation of sugars, giving an alcoholic strength of over 13 % vol. to the Cabernet Franc and Traminer roz varieties.

Cold mornings in late August and early September combined with high daytime temperatures in the areas of Silagiu and Jamu Mare lead to the accumulation of flavonoids in the skin of white grapes and to the accumulation of sugars, especially in the varieties: Pinot gris, Fetească regală and Fetească albă, and terpenes in the aromatic varieties: Tămâioasă românească, Muscat Ottonel, Sauvignon and Viognier. Tămâioasa românească perfects its aromatic range at the expense of the accumulation of sugars (max 12 % vol.), giving particularly supple, dry wines which are fine and elegant.

9. Essential further conditions (packaging, labelling, other requirements)

Marketing conditions

Legal framework:

In national legislation

National legislation

Packaging in the defined geographical area

Additional provisions relating to labelling

Wines with the geographical indication ‘Viile Timişului’ may be marketed exclusively in bottles, in certified packaging (glass bottles, bag-in-box, PET, etc., with a maximum capacity of 60 l).

Link to the product specification

http://onvpv.ro/sites/default/files/caiet_sarcini_ig_viile_timisului_modif_cf_cererii_2_nr._1350_16.06.2017_no_track_changes.pdf

(1) OJ L 9, 11.1.2019, p. 2.

		ISSN 1977-091X
Official Journal of the European Union		C 90

English edition	Information and Notices	Volume 64 17 March 2021

Contents		page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2021/C 90/01	Non-opposition to a notified concentration (Case M.9455 — Compass/Fazer Food Services) ( 1 )	1
2021/C 90/02	Non-opposition to a notified concentration (Case M.10160 — Mitsubishi Corporation/Nippon Telegraph and Telephoe Corporation/Industry One JV) ( 1 )	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2021/C 90/03	Euro exchange rates — 16 March 2021	3

	Currency	Exchange rate
USD	US dollar	1,1926
JPY	Japanese yen	129,88
DKK	Danish krone	7,4360
GBP	Pound sterling	0,85945
SEK	Swedish krona	10,1388
CHF	Swiss franc	1,1033
ISK	Iceland króna	151,60
NOK	Norwegian krone	10,1028
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	26,197
HUF	Hungarian forint	367,30
PLN	Polish zloty	4,5933
RON	Romanian leu	4,8868
TRY	Turkish lira	8,9350
AUD	Australian dollar	1,5390
CAD	Canadian dollar	1,4867
HKD	Hong Kong dollar	9,2626
NZD	New Zealand dollar	1,6578
SGD	Singapore dollar	1,6049
KRW	South Korean won	1 347,36
ZAR	South African rand	17,7067
CNY	Chinese yuan renminbi	7,7519
HRK	Croatian kuna	7,5765
IDR	Indonesian rupiah	17 206,59
MYR	Malaysian ringgit	4,9064
PHP	Philippine peso	57,994
RUB	Russian rouble	86,6948
THB	Thai baht	36,655
BRL	Brazilian real	6,6722
MXN	Mexican peso	24,6021
INR	Indian rupee	86,4790

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2021/C 90/04	Prior notification of a concentration (Case M.10167 — Continental/Light control units business of OSRAM Continental) – Candidate case for simplified procedure ( 1 )	4
2021/C 90/05	Prior notification of a concentration (Case M.10199 — Goldman Sachs/Advania) – Candidate case for simplified procedure ( 1 )	6
	OTHER ACTS
	European Commission
2021/C 90/06	Notice of initiation of an expiry review of the anti-subsidy measures applicable to imports of tubes and pipes of ductile cast iron originating in India	8
2021/C 90/07	Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of tubes and pipes of ductile cast iron originating in India	19
2021/C 90/08	Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33	30
2021/C 90/09	Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33	35
2021/C 90/10	Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33	42


	(1) Text with EEA relevance.