2.7.2021

Official Journal of the European Union

C 258/8

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of silicon originating in the People’s Republic of China

(2021/C 258/08)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of silicon originating in the People’s Republic of China (’the country concerned’ or ’PRC’), 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 submitted on 30 March 2021 by Euroalliages (’the applicant’), an association that represents all the producers that represent more than 25 % of the total Union production of certain silicon metal.

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 silicon (’the product under review’), currently falling under CN code 2804 69 00.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty on imports of silicon originating in the PRC following an expiry review imposed by Commission Implementing Regulation (EU) 2016/1077 (3).

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 of dumping and continuation of injury to the Union industry.

4.1. Allegation of likelihood of continuation of dumping

Given that imports from the PRC are still entering into the EU in substantial quantities, the applicant has provided evidence on the continuation of dumping.

The applicant claimed that it is not appropriate to use domestic prices and costs in the People’s Republic of China, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the applicant relied on the ‘Commission Staff Working Document on Significant Distortions in the Economy of the PRC’ of December 2017 (the ‘Commission report’), as well as on a study, commissioned by the applicant, titled ‘Analysis of state-induced market distortions in the Chinese ferroalloys and silicon industry’ of September 2018 (the ‘Silicon report’). In the Commission report, the applicant referred specifically to section 12.4.2 that indicates the existence of substantial government intervention at many levels of the economy. The report points out that specific distortions in key factors of production are used in silicon manufacturing. The applicant also referred to the chapter on general distortions, mainly on electricity (e.g. electricity and raw materials), which is a major cost item in the production of silicon. The Silicon report also details State intervention and interference in the Silicon industry in the PRC, such as direct subsidies, tax preferences, support in land, capital and labour, as well as export restrictions and export promotions.

The Commission report is available in the file for inspection by interested parties and on DG Trade’s website (4).

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of continuation of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks in an appropriate representative country with the export price (at ex-works level) of the product under review from the PRC when sold for export to the Union The dumping margin calculated on the basis of this comparison is significant for the PRC.

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the PRC is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

4.2. Allegation of likelihood of continuation of injury

The applicant alleged the likelihood of continuation of injury.

The applicant provided sufficient evidence that imports of the product under review from the country concerned to the Union remained significant 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, the level of prices charged and on the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

The applicant further provided sufficient 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 substantial unused capacity of the exporting producers in the PRC, as well as due to the attractiveness of the EU market.

In addition, the applicant alleged 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.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (5) 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.

5.1. Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 01 July 2020 to 30 June 2021 (‘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 2018 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 are invited to make their views known on the inputs and the Harmonised System (HS) codes provided in the request (6) within 15 days of the date of publication of this Notice in the Official Journal of the European Union (7).

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 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 (8) 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, 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 exporting producers in the PRC 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 17 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 company(ies) 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/R743_SAMPLING_FORM_FOR_EXPORTING_PRODUCER . 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 PRC 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.

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 At the same time the Commission will make the questionnaire for producers in the country concerned 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=2535. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

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. Additional procedure with regard to the country concerned subject to significant distortions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

Pursuant to point (e) of Article 2(6a) of the basic Regulation, the Commission will, shortly after initiation, by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources that it intends to use for the purpose of determining normal value in the country concerned pursuant to Article 2(6a) of the basic Regulation. This will cover all sources, including the selection of an appropriate representative third country where appropriate. Parties to the investigation shall be given 10 days from the date at which that note is added to that file to submit comments.

According to the information available to the Commission, a possible representative third country for the country concerned in this case is Brazil. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there are countries with a similar level of economic development as the country concerned, in which there is production and sales of the product under review and in which relevant data are readily available. Where there is more than one such country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

With regard to the relevant sources, the Commission invites all producers in the PRC to provide information on the materials (raw and processed) and energy used in the production of the product under review within 15 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/R743_SAMPLING_FORM_FOR_EXPORTING_PRODUCER. Tron access information can be found in sections 5.6 and 5.9 below.

Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be taken exclusively from publicly available sources.

In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also make available a questionnaire to the Government of the country concerned.

5.3.3. Investigating unrelated importers (9) (10)

Unrelated importers of the product under review from the PRC to the Union, including those that did not cooperate in the investigation(s) 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. The sampling will be carried out in accordance with Article 17 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 from the notification of the sample decision. At the time of adding the note to the file reflecting the sample selection, the Commission will make available a copy of the questionnaire for unrelated importers in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2535.

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.

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, Union producers of the product under review are invited to participate in the Commission investigation.

5.4.1. Investigating Union producers

In order to obtain information it deems necessary for its investigation with regard to Union producers the Commission will make available questionnaires to known Union producers or representative Union producers, namely to: Ferroatlantica S.L., Ferropem, RW Silicium GmbH and Euroalliages.

The aforementioned Union producers must submit the completed questionnaire within 37 days of the date the questionnaire will be made 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=2535, unless otherwise specified.

Union producers and representative associations not listed above are invited to contact the Commission, preferably by e-mail, immediately but no later than 7 days after the publication of this Notice, unless otherwise specified, in order to make themselves known and request a questionnaire.

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, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping 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 as to whether maintaining the measure is not against the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under review.

Information concerning the assessment of Union interest 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, will be 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=2535 by 1 October 2021. Information concerning the assessment of Union interest must be provided within 37 days of the date that the questionnaire will be made 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=2535. In any case, information submitted pursuant to Article 21 of the basic Regulation 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 18 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 (11).

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.

Interested 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 requests 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 DG 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 e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with 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: TRADE-R743-SILICON-DUMPING@ec.europa.eu

TRADE-R743-SILICON-INJURY@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.

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 on the information provided 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

Extensions to time-limits provided for in this Notice may be granted upon request of interested parties showing due cause.

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. 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 this Notice, 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 18 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 18 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. In this case, 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 the Commission 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.

Interested parties are invited to follow the timeframes set out in section 5.7. of this Notice also as regards interventions, including hearings, by the Hearing Officer. 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 interventions, 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 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.

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 11(3) 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) OJ C 331, 7.10.2020, p. 13

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

(3) COMMISSION IMPLEMENTING REGULATION (EU) 2016/1077 of 1 July 2016 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China following an expiry review under Article 11(2) and a partial interim review under Article 11(3) of Council Regulation (EC) No 1225/2009 (OJ L 179, 5.7.2016, p. 1).

(4) Documents cited in the country report may also be obtained upon a duly reasoned request.

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

(6) Information on HS codes is also provided in the executive summary of the review request, which is available on DG Trade’s website (http://trade.ec.europa.eu/tdi/?).

(7) All references to the publication of this Notice will be references to publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

(8) 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.

(9) 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).

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

(11) In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by Tel. +32 22979797.

(12) 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).

(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)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF SILICON ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

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 5.3.3 of the Notice of initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ should 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
Website

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight for imports into the Union and resales on the Union market after importation from the PRC, during the review investigation period, of silicon as defined in the Notice of Initiation and the corresponding weight in tonnes.

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

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

Give details of the precise activities of the 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 it.

Company name and location	Activities	Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the 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 the 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).

2.7.2021

Official Journal of the European Union

C 258/21

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 258/10)

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

‘Pouilly-Fuissé’

PDO-FR-A0653-AM01

Date of communication: 28 April 2021

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1. Geographical name

Chapter I, part II of the product specification has been amended to include the possibility of supplementing the name of the designation of origin with the reference ‘premier cru’. This reference may also be accompanied by the name of a climat, a term used locally to refer to a smaller geographical unit. A list of the climats which may be referred to has been added.

Climats were chosen on the basis of a study which showed that wines produced from these smaller geographical units boasted greater intensity in the qualities which characterise the designation. The names of the climats chosen by the National Institute of Origin and Quality during a meeting of the relevant national committee are names which producers have been using for several decades to accompany the name of the designation.

Furthermore, under the previous specification, it was already possible under certain conditions to accompany the name of the designation with the name of a climat.

Points 4, 5, 8 and 9 of the single document have been amended.

2. Geographical area

Chapter I, part IV, point 1° now includes the list of municipalities as established in the 2019 Official Geographic Code.

This represents a change to the wording but not to the geographical area.

The words ‘Maps showing the geographical area can be viewed on the website of the National Institute of Origin and Quality’ have also been added. ’.

Point 6 of the single document has been amended.

The date of the meeting at which the relevant national committee approved the parcels which form the production area for the designation has been updated. In place of 8 and 9 June, it now states 7 September 2016.

The parcel area for wines eligible to use the term ‘premier cru’ has been added to the product specification by referring to the date on which this was approved by the National Institute of Origin and Quality during a meeting of the relevant national committee (in this case 14 November 2019).

It is now also stated that maps establishing the limits of the parcels comprising the area of production approved at that time, are submitted to the municipalities in the demarcated parcel area.

Point 6 of the single document has been amended.

3. Demarcated parcel area

Parcels are demarcated by identifying the parcels within the geographical area of production that are suitable for producing the controlled designation of origin.

The demarcation was narrowed down in order to establish clear boundaries as part of the application for the traditional term ‘premier cru’ to also be used.

As a result, the competent national authority approved the parcel demarcation for the entire geographical area on a new date, namely 7 September 2016, replacing the previous date indicated in chapter I, part IV, point 2°.

In chapter I, part IV, point 2°, a special demarcated parcel area within the parcel area of the designation is identified in which wines eligible to use the term ‘premier cru’ may be produced.

The competent national authority approved this special parcel demarcation on the date indicated in the product specification, i.e. 14 November 2019.

It is now also stated in relation to this particular area that maps establishing the limits of the parcels comprising the area of production approved at that time, are submitted to the town halls of the municipalities in the geographical area.

The single document has not been changed due to these amendments.

4. Area in immediate proximity

Chapter I, part IV, point 3° now includes the list of municipalities as established in the 2019 Official Geographic Code.

Some municipalities have changed name or merged since the product specification was first approved. The list of municipalities which make up this area has therefore been updated. However, its boundaries have not changed.

Some municipalities have therefore been removed:

Department of Côte d’Or: Cormot-le-Grand, Vauchignon

Department of Rhône: Belleville, Le Bois d’Oingt, Dareizé, Jamioux, Liergues, Nuelles, Oingt, Les Olmes, Pouilly-le-Monial, Saint-Laurent d’Oingt, Saint-Loup

Department of Saône-et-Loire: Donzy-le-National, La Loyère, Massy

Department of Yonne: Accolay, Champvallon, Cravant, Sacy, Villiers-sur-Tholon, Volgré.

The following municipalities have been added:

Department of Côte d’Or: Cormot-Vauchignon

Department of Rhône: Belleville-en-Beaujolais, Porte des Pierres Dorées, Saint-Germain-Nuelles, Saint-germain-sur-l’Arbresle, Saint-Jean-d’Ardières, Le Val d’Oingt, Vindry-sur-Turdine (the former municipalities of Dareizé, Les Olmes and Saint Loup only)

Department of Saône-et-Loire: Fragnes-La-Loyère (the former municipality of La Loyère only), La Vineuse (the former municipalities of Donzy-le-National, La Vineuse and Massy only)

Department of Yonne: Deux Rivières, Montholon (the municipalities of Champvallon, Villiers-sur-Tholon and Volgré only).

Point 9 of the single document has been amended.

5. Average maximum crop load per parcel

In chapter I, part VI, sub-point d) of the product specification, a specific average maximum crop load per parcel of 9 500 kg/ha has been added for wines eligible to use the term ‘premier cru’. This is lower than the crop load authorised for wines eligible to use the designation of origin. This characteristic is thus a sign that stricter requirements apply to the training of the vines, enabling wines to be produced which express more distinctly their terroir.

The single document has not been changed due to this amendment to the product specification.

6. Other crop-related practices

In chapter I, part VI, point 2°, sub-point a) of the product specification, specific crop-related practices have been added for parcels given over to the production of wines eligible to use the term ‘premier cru’:

—	Chemical products may not be used for weeding, with the exception of bio-control products approved by the wine-growing authorities.

—	Soil must be left to rest or left fallow for at least 3 crop years between grubbing up and re-planting a parcel.

This first amendment reflects current developments in practice among operators to promote conservation agriculture. It takes into account growing environmental concern as part of technical procedures, and is leading to a reduction in the use of chemical herbicides. The second amendment also encourages vines to be planted for longer.

The single document has not been changed due to these amendments to the product specification.

7. Transport of the harvest

Chapter I, part VII, point 1°, sub-point b) of the product specification now states that for mechanical harvesting, double-bottom trailers must be used to transport the grapes in the case of wines eligible to use the term ‘premier cru’.

This ensures that the juice which is separated in this way does not enter the press with the grape bunches. Oxidation of the juice is restricted.

This amendment to the specification does not change the single document.

8. Ripeness of the grapes

In chapter I, part VII, point 2°, sub-point b), the minimum sugar content and minimum natural alcoholic strength by volume for wines eligible to use the term ‘premier cru’ are identical to those set for wines using the designation followed by the name of a smaller geographical unit (referred to locally as a climat). The reference to climats has therefore been replaced by a general reference to ‘premier cru’. Where climats are used, they must comply with these values, as was the case under the previous version of the product specification.

Point 4 of the single document has been amended.

9. Yields

Chapter I, part VIII, point 1° sets the yield for wines eligible to use the term ‘premier cru’ at 56 hl/ha. It also sets the upper yield limit at 62 hl/ha.

The yield values set for wines using the designation followed by the name of a smaller geographical unit have been lowered due to the quality level applicable to the reference ‘premier cru’.

Point 5 of the single document has been amended.

10. Ageing

In chapter I, part IX, point 1°, sub-point f), ageing conditions have been added for wines eligible to use the term ‘premier cru’. Wines must be aged until at least 1 July of the year following the harvest.

It is necessary to age these wines for longer in order to obtain the characteristics needed for the term ‘premier cru’ to be used.

It is now stated that all wines using the designation must be aged before they are packaged. The ageing of these wines must take place in large containers.

Point 5 of the single document has been amended.

11. Placing on the market for consumers

Chapter I, part IX, point 4° sets 15 July of the year following the harvest as the date for placing on the market for consumers wines eligible to use the term ‘premier cru’, in line with the minimum ageing end date of 1 July of the year following the harvest.

The time between these two dates allows the wines to be prepared and transported from their place of ageing to all the areas they will be marketed in.

The single document has not been changed due to this amendment to the product specification.

12. Description of the human factors relevant to the geographical link

The wording of chapter I, part X, point 1°, sub-point b) has been partially amended and expanded in order to incorporate aspects specific to wines using the term ‘premier cru’.

The following sentences have therefore been removed from point 3° ‘Causal interactions’ and added to this section:

‘There are few large estates. Most holdings are family-run, with an average surface area of between 3 ha and 4 ha and a highly fragmented parcel structure. 70% of production takes place at private wineries. ’

The sentence ‘Approximately 30 climats (names used locally for small land parcels) are regularly declared by producers and indicated on wine labelling. ’ has been moved to sub-point b).

The sentence ‘The wines must be aged in a temperature-controlled environment until at least 1 February of the year following the harvest. ’ has been moved to sub-point b) and has been amended and expanded to take into account the minimum ageing period for wines using the term ‘premier cru’.

The following sentences have been added in order to describe the human factors specific to wines using the term ‘premier cru’:

‘Wines produced in areas with the best conditions have built up a reputation and are distinguished by the term “premier cru”. Climats (names given to small land parcels or groups of parcels) classified as “premier cru” can be found in all municipalities covered by the designation. They are situated on the slopes with the best exposure, often on the reverse face of rocks (e.g. Mont Pouilly, the Rocks of Solutré and Vergisson), or limestone plateaux. There are 22 of these climats, each with a confirmed reputation, some dating back to the start of the 19th century (e.g. Pouilly), and most dating back to the end of World War Two. The special balance of these wines and their suitability for ageing make it necessary to age them for longer so that the wines sold to consumers are at their optimum. ’

The figures provided in the last sentence of sub-point b) have been updated for 2019.

Point 8 of the single document (‘Description of the human factors relevant to the geographical link’) has been amended.

13. Information on the quality and characteristics of the product

Descriptions have been added to chapter I, part X, point 2° in relation to the wines using the term ‘premier cru’:

‘Wines designated as “premier cru” express greater intensity. Depending on where the grapes are from, the wines can be more fruity, powerful or express greater minerality, thus reflecting the diversity in soil conditions and mesoclimate found in the local area. The wines are suited to ageing and take a number of years to reach their peak. They also need to be aged for longer in order to fully express their balance, length, intensity and complexity. ’

The following sentence has been deleted:

‘Their full range of qualities are revealed after a few years of ageing and can be further revealed after several years, up to 20 years or more. ’

Point 4 of the single document has been amended. Furthermore, point 8 has been amended under the section ‘Information on the quality and characteristics of the product’.

14. Causal interactions

In chapter I, part X, point 3°, the following two sentences have been moved to sub-point b) of chapter I, part X, point 1° of the product specification.

The wording of part X (‘Link with the geographical area’) has been partially amended in order to incorporate the characteristics specific to wines eligible to use the term ‘premier cru’.

Point 8 of the single document has been amended under the section ‘Causal interactions’.

15. Special provisions

Sub-point a) of chapter I, part XII, point 2°, is replaced by the following: ‘The name of a climat which may be linked to the term “premier cru” is placed immediately after the name of the controlled designation of origin and printed in letters no larger, either in height or in width, than the letters forming the name of the controlled designation of origin. ’

This new text sets out the labelling rules for the names of the climats selected for the ‘premier cru’.

The initial sub-point a) has been deleted.

A new sub-point b) has been added due to the introduction of specific rules for climats classified as ‘premier cru’. This new wording maintains the possibility of stating the name of a smaller geographical unit on wine labelling, as is common practice in this region. However, names which are the same as one of the climats classified as ‘premier cru’ may not be used.

‘b) -

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

—	it is the name of a place in the land register;

—	it appears on the harvest declaration;

—	the place name is not the same as one of the climats eligible to use the term “premier cru”, in order to avoid any problems of duplication.

The place name must be printed in letters no larger, either in height or in width, than half the size of the letters forming the name of the registered designation of origin. ’

The initial sub-points b) and c) are now sub-points c) and d).

Point 9 of the single document has been amended.

16. Reporting requirements

Chapter II, part I now includes a point 8 in order to add the reporting requirements enabling a production condition to be monitored for wines eligible to use the term ‘premier cru’.

‘8 -

Grubbing-up and planting declaration

For parcels situated in the specific demarcated parcel area for wines eligible to use the term “premier cru”, each operator must declare to the protection and management body by the end of the current winegrowing year the parcels which have been grubbed up, the parcels which are planted and a provisional re-planting plan. ’

The single document has not been changed due to these amendments.

17. Record keeping

A point has been added to chapter II, part II entitled ‘Monitoring of wines eligible to use the term ‘premier cru’, which lays down that operators must keep information available enabling monitoring to be carried out of certain production conditions applicable to those wines.

‘All operators producing wines eligible to use the term “premier cru” must keep the following information available for the protection and management body and the monitoring body:

—	All documents proving that a double-bottom trailer was used,

—

The herbicides applied to each parcel used for production:

—	Parcel number,

—	Product name,

—

Date,

—	Amount applied. ’

The single document has not been changed due to this amendment.

18. Certification body

In chapter II, part I, the words ‘inspection plan’ have been replaced by ‘monitoring plan’ in points 2, 3, 4 and 6. The applicant group has decided to change the means of external monitoring from an inspection system to a certification system.

19. References to the monitoring body

In chapter III, part II of the product specification, references to the monitoring body have been amended now that monitoring is carried out by means of a certification system. The rules on drawing up specifications have been amended since the specification was approved in 2011 and it is now a requirement to provide the name and address of this body if such a system has been chosen.

The name and address of the previous monitoring body have been deleted and replaced with the following:

‘SIQOCERT

132/134, route de Dijon

21207 Beaune CEDEX

Tel. +33 0380250950

Fax +33 0380246323

Email: beaune@siqocert.fr’

In part II, in the two paragraphs below this reference, the words ‘under the authority of’ and ‘inspection plan’ have been replaced with ‘on behalf of’ and ‘monitoring plan’.

The single document has not been changed due to this amendment.

SINGLE DOCUMENT

1. Name(s)

Pouilly-Fuissé

2. Geographical indication type

PDO – Protected Designation of Origin

3. Categories of grapevine products

Wine

4. Description of the wine(s)

Pouilly-Fuissé

BRIEF WRITTEN DESCRIPTION

These are still, dry white wines. The wines have a minimum natural alcoholic strength by volume of 11 %. After enrichment, the wines’ total alcoholic strength by volume must not exceed 13,5 %.

The finished wines, ready to be released for consumption, have a maximum fermentable sugar content (glucose + fructose) of:

—	3 grams per litre;

—	or 4 grams per litre if the total acidity is greater than or equal to 55,1 milliequivalents per litre, or 4,13 grams per litre, expressed as tartaric acid, (or 2,7 grams per litre, expressed as H2SO4).

The total acidity, volatile acidity and sulphur dioxide content are as laid down in EU legislation.

‘Pouilly-Fuissé’ is a dry wine of finesse and distinction, generally a golden green colour when young, and often expressing delicate hints of white flowers and citrus. As the wines age, those hints frequently mature into notes of hazelnut, grilled almonds, vanilla or flint. In the mouth, their structure is full and rich, with an excellent balance between power and elegance.

GENERAL ANALYTICAL CHARACTERISTICS

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

‘Pouilly-Fuissé’ premier cru

BRIEF WRITTEN DESCRIPTION

These are still, dry white wines. The 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 %.

The finished wines, ready to be released for consumption, have a maximum fermentable sugar content (glucose + fructose) of:

—	3 grams per litre;

—	or 4 grams per litre if the total acidity is greater than or equal to 55,1 milliequivalents per litre, or 4,13 grams per litre, expressed as tartaric acid, (or 2,7 grams per litre, expressed as H2SO4).

The total acidity, volatile acidity and sulphur dioxide content are as laid down in EU legislation.

Wines designated as ‘premier cru’ express greater intensity. Depending on where the grapes are from, the wines can be more fruity, powerful or express greater minerality, thus reflecting the diversity in soil conditions and mesoclimate found in the local area. The wines are suited to ageing and take a number of years to reach their peak. They also need to be aged for longer in order to fully express their balance, length, intensity and complexity.

GENERAL ANALYTICAL CHARACTERISTICS

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

5. Wine-making practices

5.1. Specific oenological practices

1. Density and pruning rules

Cultivation method

a) -	Planting density The minimum density of the vines in the vineyard is 8 000 plants per hectare. The spacing between the rows is 1.40 meters or less. Between plants in the same row, spacing is at least 0.75 meters.

b) -

Pruning rules

Spur pruning (cordon de Royat training):

—	The vines are pruned with a maximum of 10 buds per plant:

—	Each plant has a maximum of 5 spurs each pruned to a maximum of 2 buds.

Cane pruning (Guyot training or ‘à queue du Mâconnais’ (lit. Mâconnais tail pruning) training)

Vines undergoing single or double Guyot training are pruned with a maximum of 10 buds per plant.

Each plant has:

—	either a single cane with a maximum of 6 buds and 2 spurs each pruned to a maximum of 2 buds;

—	or a single cane with a maximum of 8 buds and 1 spur pruned to a maximum of 2 buds;

—	or 2 canes with a maximum of 4 buds and 1 spur pruned to a maximum of 2 buds.

Vines undergoing ‘à queue du Mâconnais’ training are pruned with a maximum of 14 buds per plant.

Each plant has a cane with a maximum of 12 buds, with the tip attached to the lower trellising wire.

2. Other

Specific oenological practice

The use of wood chips is not permitted.

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

In addition to the above provisions, all wine-making practices followed must also comply with the requirements laid down at EU level and in the Rural and Maritime Fishing Code.

3. Ageing

Specific oenological practice

Before the wines are packaged, they must be aged until at least

—	1 February of the year following the harvest;

—	1 July of the year following the harvest for wines eligible to use the term ‘premier cru’.

During the ageing process, the temperature of the containers must be controlled and may not exceed 25 °C.

5.2. Maximum yields

Pouilly-Fuissé

70 hectolitres per hectare

Pouilly-Fuissé premier cru

62 hectolitres per hectare

6. Demarcated geographical area

The grapes are harvested and the wines are produced, developed and aged in the following municipalities in the department of Saône and Loire, based on the 2019 Official Geographic Code: Chaintré, Fuissé, Solutré-Pouilly and Vergisson.

7. Main wine grape variety(-ies)

Chardonnay B

8. Description of the link(s)

8.1. Description of the natural factors relevant to the link

The geographical area is located in the south of Burgundy. It forms a strip running diagonally through the hills at the southernmost edge of the ‘Mâconnais’ natural region. It comprises four municipalities of the department of Saône and Loire, approximately 10 km west of Mâcon.

The hilly, rugged landscape is dominated by the emblematic limestone rocks of Vergisson and Solutré, the famed prehistoric site. The topography is complex. The summits of the assymetric hills divide up the geographical area. The east-facing slopes are generally of a moderate gradient, while the west-facing slopes are considerably steeper. The small valleys cutting across the landscape carve through the summits, creating small craters with north- and south-facing slopes.

As a result of this complex structure, various substrates emerge, comprising mainly Jurassic limestone and marl (argillaceous limestone). Rhyolite, i.e. acidic volcanic rock from the Paleozoic era, can be found locally. A wide range of soils is associated with these diverse conditions. The most common soil, on limestone or limestone-clay bedrock, is thin, stony and well-draining. More clayey soils, mainly at the base of hill slopes on colluvium, and very stony, acidic soil on rhyolite bedrock, have also developed.

The climate is oceanic, subject to distinct southern influences. Rainfall is evenly distributed throughout the year and does not exceed 800 mm. It is moderate during the vine-growing season. Excess rainfall is limited by a natural barrier in the form of the Charollais mountains to the west, partly protecting the vines from moisture arriving from the west. Another limiting factor is the positive influence of mild air currents coming from the south via the sillon rhodanien (lit. ‘furrow of the Rhone’) as soon as the weather turns fair. The average annual temperature is 11°C. Summers are hot with abundant sunshine.

8.2. Description of the human factors relevant to the geographical link

Vines have been growing in the Mâconnais region since ancient times. In 2002, A. Pelletier highlighted that ‘wine from Burgundy where vines have grown since the 1st century’ would be transported by boatmen along the River Saône to the Lugdunum market. From the Middle Ages, winegrowing and trade in wines developed considerably. Cluny Abbey, located near the geographical area, owned vineyards in the south of the Mâconnais region.

Until the 18th century, it was above all the Gamay N variety which was grown in the ‘Pouilly-Fuissé’ vineyards and in the vineyards throughout the Mâconnais region. A shift began from the start of the 19th century. Property deeds from 1820 mention that Chardonnay B was the main vine variety grown. In 1866, the learned ampelographer Jullien wrote ‘[...] Chardonnay, which provides the best wines from Pouilly [...]’ The final incorporation of the Chardonnay B variety came at the start of the 20th century, when vines were replanted following the phylloxera crisis. It is now the sole variety grown in the ‘Pouilly-Fuissé’ vineyards. The most famous wines are from ‘Pouilly’, a hamlet situated in the geographical area which is often referred to in literature.

Following multiple cases of litigation over the use of the name, the Mâcon Court of First Instance issued a decision on the boundaries of the geographical area for the ‘Pouilly-Fuissé’ designation of origin, applicable from 7 December 1922. In so doing, it confirmed the need to protect the remarkable and unique character of the wines from ‘cru’ vineyards.

On 13 January 1929, the Union des Producteurs de Pouilly-Fuissé was founded on the initiative of the mayors of four municipalities from the geographical area. It filed for recognition of the controlled designation of origin, which was granted by Decree of 11 September 1936.

There are few large estates. Most holdings are family-run, with an average surface area of between 3 ha and 4 ha and a highly fragmented parcel structure. 70% of production takes place at private wineries.

Approximately 30 climats (names used locally for small land parcels) are regularly declared by producers and indicated on wine labelling.

Wines produced in areas with the best conditions have built up a reputation and are distinguished by the term ‘premier cru’. Climats (names given to small land parcels or groups of parcels) classified as ‘premier cru’ can be found in all municipalities covered by the designation. They are situated on the slopes with the best exposure, often on the reverse face of rocks (e.g. Mont Pouilly, the Rocks of Solutré and Vergisson), or limestone plateaux. There are 22 of these climats, each with a confirmed reputation, some dating back to the start of the 19th century (e.g. Pouilly), and most dating back to the end of World War Two. The special balance of these wines and their suitability for ageing make it necessary to age them for longer so that the wines sold to consumers are at their optimum.

All wines covered by the designation are aged in a temperature-controlled environment. They must be aged at least until 1 February of the year following the harvest or, in the case of wines using the term ‘premier cru’, until 1 July of the year following the harvest.

The method of pruning ‘à queue’, using single or double arched canes, is typical of the Mâconnais region and still widely used. It helps to protect the vines from spring frost.

In 2019, the growing area measured some 800 ha, produced 40 000 hectolitres and counted more than 300 operators.

8.3. Information on the quality and characteristics of the product

‘Pouilly-Fuissé’ is a dry wine boasting finesse and distinction, generally a golden green colour when young, and often expressing delicate hints of white flowers and citrus. As the wines age, those hints frequently mature into notes of hazelnut, grilled almonds, vanilla or flint. In the mouth, their structure is full and rich, with an excellent balance between power and elegance.

The wines are suited to ageing and take a number of years to reach their peak. They also need to be aged for longer in order to fully express their balance, length, intensity and complexity.

8.4. Causal interactions

The oceanic climate, moderated by southern influences, has a softness unique to the south of the Mâconnais region. ‘Pouilly-Fuissé’ wines have specific features, the common denominator being their full body and fruitiness in the mouth, a clear sign of their southern Burgundy origin.

The complex terrain, comprising summits atop hillsides which range in orientation, and the variety of substrates, most of which are limestone, form a patchwork of environments in which the Chardonnay B variety has found its calling, in particular in the natural craters of Solutré-Pouilly, Fuissé and Vergisson, and on the slopes of Chaintré. This configuration has resulted in a rich array of natural environments, each additionally characterised by its own soil and mesoclimate. Recognising this diversity, producers are keen to mention on the labelling the climat where the grapes originate from, thus drawing value from these subtle differences which come through fully in the wines.

Producers are constantly working hard and expertise is being kept alive to respect the original character of the wines, expressed by the soil type, winegrowing practices and wineries. Reflecting this expertise, the parcels which have been precisely identified for grape harvesting are situated on relatively steep slopes facing the Saône plain, ranging in orientation from south-west to north-east, and lying at an altitude of between 220 m and 420 m.

The Rocks of Solutré and Vergisson, symbols of the winegrowing area, are always visible beyond the vines and regularly feature on labelling and advertising logos. On Solutré-Pouilly’s village square, the Union des Producteurs de Pouilly-Fuissé have established ‘l’Atrium’, a place for tasting, buying and learning all about these controlled designation of origin wines. The exceptional natural environment in Pouilly-Fuissé has been recognised at national level and protected under the ‘Grand site Solutré-Pouilly-Vergisson’ With more than 200 000 visitors each year, the ‘Grand site’ is one of Burgundy’s most visited tourist attractions.

In 1995, a 4 ha-vineyard in Chaintré was bequeathed to the Hospices de Beaune. Of the many wines auctioned each year at the famous wine sale in November, ‘Pouilly-Fuissé’ is therefore the only ‘cru’ not produced in Côte d’Or.

Much of the wine from ‘Pouilly-Fuissé’, the flagship vineyard of the Mâconnais region, is exported (more than 70% of production). It is mainly exported to the United Kingdom, Asia and the USA where it is very highly regarded.

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

Geographical designations and additional remarks

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The name of the controlled designation of origin may be followed by the reference ‘premier cru’ for wines meeting the production conditions laid down for that reference in the specification.

The name of the controlled designation of origin may be followed by the reference ‘premier cru’ and then the name of one of the climats listed below for wines meeting the production conditions laid down for references to ‘premier cru’.

The name of the controlled designation of origin may be followed by the name of one of the climats listed below for wines meeting the production conditions laid down for references to ‘premier cru’.

List of climats:

Municipality of Chaintré:

—	Le Clos de Monsieur Noly

—	Les Chevrières

—	Aux Quarts

—	Le Clos Reyssier

Municipality of Fuissé:

—

Le Clos

—	Les Brulés

—	Les Ménétrières

—	Les Reisses

—	Les Vignes Blanches

—	Les Perrières

—

Vers Cras

Municipality of Solutré-Pouilly:

—

La Frérie

—	Le Clos de Solutré

—	Au Vignerais

—

En Servy

—	Aux Bouthières

—	Aux Chailloux

—

Pouilly

—

Vers Cras

Municipality of Vergisson:

—

Les Crays

—	La Maréchaude

—	Sur la Roche

—

En France

Municipalities in the area in immediate proximity to the department of Côte d’Or

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

Agencourt, Aloxe-Corton, Ancey, Arcenant, Argilly, Autricourt, Auxey-Duresses, Baubigny, Beaune, Belan-sur-Ource, Bévy, Bissey-la-Côte, Bligny-lès-Beaune, Boncourt-le-Bois, Bouix, Bouze-lès-Beaune, Brion-sur-Ource, Brochon, Cérilly, Chambœuf, Chambolle-Musigny, Channay, Charrey-sur-Seine, Chassagne-Montrachet, Châtillon-sur-Seine, Chaumont-le-Bois, Chaux, Chenôve, Chevannes, Chorey-lès-Beaune, Clémencey, Collonges-lès-Bévy, Combertault, Comblanchien, Corcelles-les-Arts, Corcelles-les-Monts, Corgoloin, Cormot-Vauchignon, Corpeau, Couchey, Curley, Curtil-Vergy, Daix, Dijon, Ebaty, Echevronne, Epernay-sous-Gevrey, L’Etang-Vergy, Etrochey, Fixin, Flagey-Echézeaux, Flavignerot, Fleurey-sur-Ouche, Fussey, Gerland, Gevrey-Chambertin, Gilly-lès-Cîteaux, Gomméville, Grancey-sur-Ource, Griselles, Ladoix-Serrigny, Lantenay, Larrey, Levernois, Magny-lès-Villers, Mâlain, Marcenay, Marey-lès-Fussey, Marsannay-la-Côte, Massingy, Mavilly-Mandelot, Meloisey, Merceuil, Messanges, Meuilley, Meursanges, Meursault, Molesme, Montagny-lès-Beaune, Monthelie, Montliot-et-Courcelles, Morey-Saint-Denis, Mosson, Nantoux, Nicey, Noiron-sur-Seine, Nolay, Nuits-Saint-Georges, Obtrée, Pernand-Vergelesses, Perrigny-lès-Dijon, Plombières-lès-Dijon, Poinçon-lès-Larrey, Pommard, Pothières, Premeaux-Prissey, Prusly-sur-Ource, Puligny-Montrachet, Quincey, Reulle-Vergy, La Rochepot, Ruffey-lès-Beaune, Saint-Aubin, Saint-Bernard, Saint-Philibert, Saint-Romain, Sainte-Colombe-sur-Seine, Sainte-Marie-la-Blanche, Santenay, Savigny-lès-Beaune, Segrois, Tailly, Talant, Thoires, Vannaire, Velars-sur-Ouche, Vertault, Vignoles, Villars-Fontaine, Villebichot, Villedieu, Villers-la-Faye, Villers-Patras, Villy-le-Moutier, Vix, Volnay, Vosne-Romanée, Vougeot.

Municipalities in the area in immediate proximity to the department of Rhône

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

Alix, Anse, L’Arbresle, Les Ardillats, Arnas, Bagnols, Beaujeu, Belleville-en-Beaujolais Belmont-d’Azergues, Blacé, Le Breuil, Bully, Cercié, Chambost-Allières, Chamelet, Charentay, Charnay, Châtillon, Chazay-d’Azergues, Chénas, Chessy, Chiroubles, Cogny, Corcelles-en-Beaujolais, Denicé, Dracé, Emeringes, Fleurie, Frontenas, Gleizé, Juliénas, Jullié, Lacenas, Lachassagne, Lancié, Lantignié, Légny, Létra, Limas, Lozanne, Lucenay, Marchampt, Marcy, Moiré, Montmelas-Saint-Sorlin, Morancé, Odenas, Le Perréon, Pommiers, Porte des Pierres Dorées, Quincié-en-Beaujolais, Régnié-Durette, Rivolet, Saint-Clément-sur-Valsonne, Saint-Cyr-le-Chatoux, Saint-Didier-sur-Beaujeu, Saint-Etienne-des-Oullières, Saint-Etienne-la-Varenne, Saint-Georges-de-Reneins, Saint-Germain-Nuelles, Saint-Germain-sur-l’Arbresle, Saint-Jean-d’Ardières, Saint-Jean-des-Vignes, Saint-Julien, Saint-Just-d’Avray, Saint-Lager, Saint-Romain-de-Popey, Saint-Vérand, Sainte-Paule, Salles-Arbuissonnas-en-Beaujolais, Sarcey, Taponas, Ternand, Theizé, Le Val d’Oingt, Vaux-en-Beaujolais, Vauxrenard, Vernay, Villefranche-sur-Saône, Ville-sur-Jarnioux, Villié-Morgon, Vindry-sur-Turdine (the former municipalities of Dareizé, Les Olmes and Saint-Loup only).

Municipalities in the area in immediate proximity to the department of Saône-et-Loire

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

Aluze, Ameugny, Azé, Barizey, Beaumont-sur-Grosne, Berzé-la-Ville, Berzé-le-Châtel, Bissey-sous-Cruchaud, Bissy-la-Mâconnaise, Bissy-sous-Uxelles, Bissy-sur-Fley, Blanot, Bonnay, Bouzeron, Boyer, Bray, Bresse-sur-Grosne, Burgy, Burnand, Bussières, Buxy, Cersot, Chagny, Chalon-sur-Saône, Chamilly, Champagny-sous-Uxelles, Champforgeuil, Chânes, Change, Chapaize, La Chapelle-de-Bragny, La Chapelle-de-Guinchay, La Chapelle-sous-Brancion, Charbonnières, Chardonnay, La Charmée, Charnay-lès-Mâcon, Charrecey, Chasselas, Chassey-le-Camp, Château, Châtenoy-le-Royal, Chaudenay, Cheilly-lès-Maranges, Chenôves, Chevagny-les-Chevrières, Chissey-lès-Mâcon, Clessé, Cluny, Cormatin, Cortambert, Cortevaix, Couches, Crêches-sur-Saône, Créot, Cruzille, Culles-les-Roches, Curtil-sous-Burnand, Davayé, Demigny, Dennevy, Dezize-lès-Maranges, Donzy-le-Pertuis, Dracy-le-Fort, Dracy-lès-Couches, Epertully, Etrigny, Farges-lès-Chalon, Farges-lès-Mâcon, Flagy, Fleurville, Fley, Fontaines, Fragnes-La Loyère (the former municipality of La Loyère only), Genouilly, Germagny, Givry, Granges, Grevilly, Hurigny, Igé, Jalogny, Jambles, Jugy, Jully-lès-Buxy, Lacrost, Laives, Laizé, Lalheue, Leynes, Lournand, Lugny, Mâcon, Malay, Mancey, Martailly-lès-Brancion, Massilly, Mellecey, Mercurey, Messey-sur-Grosne, Milly-Lamartine, Montagny-lès-Buxy, Montbellet, Montceaux-Ragny, Moroges, Nanton, Ozenay, Paris-l’Hôpital, Péronne, Pierreclos, Plottes, Préty, Prissé, Pruzilly, Remigny, La Roche-Vineuse, Romanèche-Thorins, Rosey, Royer, Rully, Saint-Albain, Saint-Ambreuil, Saint-Amour-Bellevue, Saint-Boil, Saint-Clément-sur-Guye, Saint-Denis-de-Vaux, Saint-Désert, Saint-Gengoux-de-Scissé, Saint-Gengoux-le-National, Saint-Germain-lès-Buxy, Saint-Gervais-sur-Couches, Saint-Gilles, Saint-Jean-de-Trézy, Saint-Jean-de-Vaux, Saint-Léger-sur-Dheune, Saint-Mard-de-Vaux, Saint-Martin-Belle-Roche, Saint-Martin-du-Tartre, Saint-Martin-sous-Montaigu, Saint-Maurice-de-Satonnay, Saint-Maurice-des-Champs, Saint-Maurice-lès-Couches, Saint-Pierre-de-Varennes, Saint-Rémy, Saint-Sernin-du-Plain, Saint-Symphorien-d’Ancelles, Saint-Vallerin, Saint-Vérand, Saint-Ythaire, Saisy, La Salle, Salornay-sur-Guye, Sampigny-lès-Maranges, Sancé, Santilly, Sassangy, Saules, Savigny-sur-Grosne, Sennecey-le-Grand, Senozan, Sercy, Serrières, Sigy-le-Châtel, Sologny, Taizé, Tournus, Uchizy, Varennes-lès-Mâcon, Vaux-en-Pré, Vers, Verzé, Le Villars, La Vineuse (the former municipalities of Donzy-le-National, La Vineuse and Massy only), Vinzelles, Viré.

Municipalities in the area in immediate proximity to the department of Yonne

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

Aigremont, Annay-sur-Serein, Arcy-sur-Cure, Asquins, Augy, Auxerre, Avallon, Bazarnes, Beine, Bernouil, Béru, Bessy-sur-Cure, Bleigny-le-Carreau, Censy, Chablis, Champlay, Champs-sur-Yonne, Chamvres, La Chapelle-Vaupelteigne, Charentenay, Châtel-Gérard, Chemilly-sur-Serein, Cheney, Chevannes, Chichée, Chitry, Collan, Coulangeron, Coulanges-la-Vineuse, Courgis, Cruzy-le-Châtel, Dannemoine, Deux Rivières, Dyé, Epineuil, Escamps, Escolives-Sainte-Camille, Fleys, Fontenay-près-Chablis, Gy-l’Evêque, Héry, Irancy, Island, Joigny, Jouancy, Junay, Jussy, Lichères-près-Aigremont, Lignorelles, Ligny-le-Châtel, Lucy-sur-Cure, Maligny, Mélisey, Merry-Sec, Migé, Molay, Molosmes, Montigny-la-Resle, Montholon (the municipalities of Champvallon, Villiers-sur-Tholon and Volgré only), Mouffy, Moulins-en-Tonnerrois, Nitry, Noyers, Ouanne, Paroy-sur-Tholon, Pasilly, Pierre-Perthuis, Poilly-sur-Serein, Pontigny, Préhy, Quenne, Roffey, Rouvray, Saint-Bris-le-Vineux, Saint-Cyr-les-Colons, Saint-Père, Sainte-Pallaye, Sainte-Vertu, Sarry, Senan, Serrigny, Tharoiseau, Tissey, Tonnerre, Tronchoy, Val-de-Mercy, Vallan, Venouse, Venoy, Vermenton, Vézannes, Vézelay, Vézinnes, Villeneuve-Saint-Salves, Villy, Vincelles, Vincelottes, Viviers, Yrouerre.

Additional provisions

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

a) -	The name of a climat which may be linked to the term ‘premier cru’ is placed immediately after the name of the controlled designation of origin and printed in letters no larger, either in height or in width, than the letters forming the name of the controlled designation of origin.

b) -

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

—	it is the name of a place in the land register;

—	it appears on the harvest declaration;

—	the place name is not the same as one of the climats eligible to use the term ‘premier cru’, in order to avoid any problems of duplication.

The place name must be printed in letters no larger, either in height or in width, than half the size of the letters forming the name of the registered designation of origin.

c) -	Wines with the controlled designation of origin may specify on their labels the broader geographical unit ‘Vin de Bourgogne’ or ‘Grand Vin de Bourgogne’.

d) -	When the grape variety is specified on the label, this does not appear in the same visual field as the mandatory indications and is printed in letters no larger than 2 mm.

Link to the product specification

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-4cfb89bd-e375-438d-90ff-d88fb1a54e0a

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

		ISSN 1977-091X
Official Journal of the European Union		C 258

English edition	Information and Notices	Volume 64 2 July 2021

Contents		page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2021/C 258/01	Non-opposition to a notified concentration (Case M.9926 — ADI/Maxim) ( 1 )	1
2021/C 258/02	Non-opposition to a notified concentration (Case M.10202 — EQT/Investindustrial/JV) ( 1 )	2
2021/C 258/03	Non-opposition to a notified concentration (Case M.10352 — CNP/UniCredit/Aviva Life/Aviva S.p.A.) ( 1 )	3

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2021/C 258/04	Interest rate applied by the European Central Bank to its main refinancing operations: — 0,00 % on 1 July 2021 — Euro exchange rates	4
	Court of Auditors
2021/C 258/05	Special report No 15/2021 – Air passenger rights during the COVID-19 pandemic: Key rights not protected despite Commission efforts	5
	NOTICES FROM MEMBER STATES
2021/C 258/06	Notice from the Croatian Energy Regulatory Agency on the public call for tenders for selection of gas supplier of last resort, to be published pursuant to Articles 61 and 62 of the Gas Market Act (Official Gazette, No 18/18 and 23/20)	6

	Currency	Exchange rate
USD	US dollar	1,1884
JPY	Japanese yen	132,42
DKK	Danish krone	7,4360
GBP	Pound sterling	0,86033
SEK	Swedish krona	10,1738
CHF	Swiss franc	1,0985
ISK	Iceland króna	146,70
NOK	Norwegian krone	10,2105
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,507
HUF	Hungarian forint	351,86
PLN	Polish zloty	4,5164
RON	Romanian leu	4,9275
TRY	Turkish lira	10,3307
AUD	Australian dollar	1,5836
CAD	Canadian dollar	1,4698
HKD	Hong Kong dollar	9,2273
NZD	New Zealand dollar	1,6965
SGD	Singapore dollar	1,5989
KRW	South Korean won	1 345,86
ZAR	South African rand	16,9744
CNY	Chinese yuan renminbi	7,6842
HRK	Croatian kuna	7,4893
IDR	Indonesian rupiah	17 259,71
MYR	Malaysian ringgit	4,9426
PHP	Philippine peso	58,493
RUB	Russian rouble	86,6085
THB	Thai baht	38,088
BRL	Brazilian real	5,8955
MXN	Mexican peso	23,7270
INR	Indian rupee	88,5590

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Commission
2021/C 258/07	Calls for proposals and related activities under the 2021-2022 work programme implementing the Euratom research and training programme (2021-2025)	7
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2021/C 258/08	Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of silicon originating in the People’s Republic of China	8
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2021/C 258/09	Prior notification of a concentration (Case M.10262 — Facebook/Kustomer) ( 1 )	19
	OTHER ACTS
	European Commission
2021/C 258/10	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	21


	(1) Text with EEA relevance.