Non-opposition to a notified concentration

(Case M.10763 – NORDEA / TOPDANMARK LIV HOLDING)

(Text with EEA relevance)

(2022/C 431/01)

On 18 October 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10763. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.10887 – INEOS / SINOPEC / JV)

(Text with EEA relevance)

(2022/C 431/02)

On 25 October 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10887. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Initiation of proceedings

(Case M.10646 – MICROSOFT / ACTIVISION BLIZZARD)

(Text with EEA relevance)

(2022/C 431/03)

On 8 November 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No. M.10646 – MICROSOFT / ACTIVISION BLIZZARD, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

Euro exchange rates (1)

11 November 2022

(2022/C 431/04)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,0308
JPY	Japanese yen	143,89
DKK	Danish krone	7,4384
GBP	Pound sterling	0,87538
SEK	Swedish krona	10,7241
CHF	Swiss franc	0,9844
ISK	Iceland króna	148,70
NOK	Norwegian krone	10,2635
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,278
HUF	Hungarian forint	402,08
PLN	Polish zloty	4,6765
RON	Romanian leu	4,8940
TRY	Turkish lira	19,0987
AUD	Australian dollar	1,5459
CAD	Canadian dollar	1,3698
HKD	Hong Kong dollar	8,0758
NZD	New Zealand dollar	1,7020
SGD	Singapore dollar	1,4199
KRW	South Korean won	1 359,20
ZAR	South African rand	17,7944
CNY	Chinese yuan renminbi	7,3267
HRK	Croatian kuna	7,5445
IDR	Indonesian rupiah	15 979,45
MYR	Malaysian ringgit	4,7700
PHP	Philippine peso	59,106
RUB	Russian rouble
THB	Thai baht	37,088
BRL	Brazilian real	5,5147
MXN	Mexican peso	20,0239
INR	Indian rupee	83,2253

---

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

Binding origin information

(2022/C 431/05)

List of authorities designated by Member States and the United Kingdom regarding Northern Ireland to receive applications for, or to issue, binding origin information.

Member State	Customs authority	Telephone	Email:
BELGIUM
Non-preferential origin	Service Public Fédéral Économie, PME, Classes Moyennes et Énergie Direction générale des Analyses économiques et de l’Economie internationale bâtiment Atrium C Rue du Progrès 50 1210 Bruxelles Belgique Federale Overheidsdienst Economie, K.M.O., Middenstand en Energie Algemene Directie Economische Analyses en Internationale Economie City Atrium C Vooruitgangsstraat 50 1210 Brussel België	+32 22778467 +32 22776522 +32 22776211	Origine.oorsprong@economie.fgov.be
Preferential origin	Service Public Fédéral Finances Service Public Fédéral Finances Administration générale des Douanes et Accises OPERATIONS Composante Centrale-Douane 1 North Galaxy — Tour A/11 Boulevard du Roi Albert II, 33 — boîte 372 1030 Bruxelles Belgique Federale Overheidsdienst Financiën Algemene Administratie van de Douane en Accijnzen OPERATIES Centrale Component-Douane 1 North Galaxy — Toren A11 Koning Albert II — laan 33, bus 372 1030 Brussel België	+32 25760295 +32 25786794	Da.ops.douane1@minfin.fed.be
BULGARIA	National Customs Agency Central Customs Directorate 47, G.S.Rakovski street BG-1040 Sofia	+359 298594148 +359 298594036	origin@customs.bg
CROATIA	Customs Directorate of the Ministry of Finance of the Republic of Croatia Central Office Sector for customs Systems Carinska uprava Ministarstva financija Republike Hrvatske Središnji ured Sektor za carinsku sustav Služba za carinsku vrijednost i podrijetlo Alexandera Von Humboldta 4a, 10000 Zagreb	+385 16211308 +385 16211321	podrijetlo@carina.hr origin@carina.hr
CZECH REPUBLIC	Celní úřad pro Olomoucký kraj Oddělení – Závazných informací Blanická 19 772 71 Olomouc	+420 585111111	podatelna580000@cs.mfcr.cz
DENMARK	Toldstyrelsen Toldbodvej 8 DK-6330 Padborg	+45 72221212 +45 72382641	oprindelse@toldst.dk
GERMANY
Preferential origin and Non-preferential origin, insofar as the last working or processing is done outside the EU or where it concerns goods for which common market organisations exist, according to which the grant of benefits depends on the non-preferential origin determined.	Hauptzollamt Hannover Waterloostraße 5 30169 Hannover	+49 5111012480	poststelle.vzta-hza-hannover@zoll.bund.de
Non-preferential origin insofar as the goods are wholly obtained in the EU or are manufactured or undergo working or processing in the EU. This does not apply to goods for which common market organisations exist, according to which the grant of benefits depends on the non-preferential origin determined.	Industrie- und Handelskammern Deutscher Industrie- und Handelskammer Breite Straße 29 10178 Berlin	+49 30203082321	behm.steffen@dihk.de info@dihk.de
IRELAND	Office of the Revenue Commissioners Classification, Origin and Valuation Section Customs Division St Conlon’s Road Nenagh County Tipperary	+353 6744260	origin&valuationsection@revenue.ie
ESTONIA	Maksu-ja Tolliamet Tolliosakond Lõõtsa 8A 15176 Tallinn	+372 6762607	emta@emta.ee
GREECE	Hellenic Republic Independent Authority for Public Revenue General Directorate of Customs and Excise Directorate of Tariff Issues, Special Procedures and Reliefs Section B Tariff Preferential Regimes & Origin 10, Karageorgi Servias Str. 101 84 Athens Ελληνική Δημοκρατία Ανεξάρτητη Αρχή Δημοσίων Εσόδων Γενική Διεύθυνση Τελωνείων & Ε.Φ.Κ. Διεύθυνση Δασμολογικών Θεμάτων Ειδικών Καθεστώτων και Απαλλαγών Τμήμα Β Προτιμησιακών Δασμολογικών Καθεστώτων και Καταγωγής Καρ. Σερβίας 10 101 84 Αθήνα	+30 2106987487 +30 2106987493 +30 2106987541 +30 2106987513 +30 2106987486	d17-c@2001.syzefxis.gov.gr
SPAIN	Departamento de Aduanas e Impuestos Especiales Avda. Llano Castellano, 17 28071 Madrid	+34 917289854/55/35	gestionaduanera@correo.aeat.es
FRANCE	Direction Régionale des Douanes Service de l’Origine 8, rue de Rabanesse BP 10430 63012 Clermont-Ferrand Cedex 1	+33 970272863	somif-rco@douane.finances.gouv.fr
ITALY	Agenzia delle Dogane e dei Monopoli Direzione Dogane Ufficio origine e valore Via Mario Carucci, 71 00143 Roma	+39 0650245216	dir.dogane.origine@adm.gov.it
CYPRUS	Department of Customs and Excise Ministry of Finance M. Karaoli Str. 1096 Nicosia Postal address: Customs Headquarters 1440 Nicosia Τμήμα Τελωνείων Υπουργείο Οικονομικών Μ. Καραολή 1096 Λευκωσία Ταχυδρομική Διεύθυνση: Αρχιτελωνείο 1440 Λευκωσία	+357 22601665 +357 22601703	headquarters@customs.mof.gov.cy
LATVIA	State Revenue Service of the Republic of Latvia National Customs Board Talejas Street 1 Riga, LV-1978 Latvijas Republikas Valsts ieņēmumu dienesta Muitas pārvalde Talejas iela 1, Rīga, LV-1978	+371 67121007 +371 67121011	MP.lietvediba@vid.gov.lv
LITHUANIA	Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos A. Jakšto g. 1 01105 Vilnius	+370 52666067 +370 52327480	muitine@lrmuitine.lt
LUXEMBOURG	Direction des douanes et accises Division TAXUD BP 1605 1016 Luxembourg	+352 28182325 +352 28182347	TAXUD@do.etat.lu
HUNGARY	Nemzeti Adó- és Vámhivatal Szakértői Intézete Hősök fasora 20-24 1163 Budapest	+36 14022233	szi@nav.gov.hu
MALTA	Customs Department Lascaris Wharf Valletta. CMR02	+356 25685186	saviour.grima@gov.mt
NETHERLANDS	Belastingdienst/Douane Arnhem Landelijk Oorsprong Team PB 3070 6401 DN HEERLEN The Netherlands	+31 881534780	helpdesk.oorsprongszaken@douane.nl
AUSTRIA	Bundesministerium für Finanzen Johannesgasse 5 1010 Wien	+43 151433/504189	origin@bmf.gv.at
POLAND	Izba Administracji Skarbowej w Warszawie Dział Wiążących Informacji ul. Erazma Ciołka 14 A 01-443 Warszawa	+48 225104652	wip.ias.warszawa@mf.gov.pl
PORTUGAL	Autoridade Tributária e Aduaneira Direcção de Serviços de Tributação Aduaneira Rua de Alfãndega no 5 r/c 1149-006 Lisboa	+351 218813765	dsta@at.gov.pt
ROMANIA	Ministerul Finanțelor Autoritatea Vamală Română Str. Alexandru Ivasiuc nr. 34-40, bloc 5, sector 6 București, CP 060305	+40 213155858 +40 213155859 +40 213137969 +40 213141170	origine@customs.ro
SLOVENIA	Generalni carinski urad Šmartinska 55 1523 Ljubljana	+386 14783921	ana.macek@gov.si
SLOVAKIA	Colný úrad Bratislava Miletičova 42 824 59 Bratislava 26	+421 250263963 +421 250263960	martin.strbik@financnasprava.sk sylvia.halaszova@financnasprava.sk
FINLAND	Tulli PL 512 FI-00101 Helsinki Tullen PB 512 FI-00101 Helsingfors	+358 2955200	origin@tulli.fi
SWEDEN	Tullverket Box 12854 112 98 Stockholm	+46 771520520	tullverket@tullverket.se
UNITED KINGDOM (regarding Northern Ireland)	HM Revenue & Customs Excise, Customs, Stamps and Money Duty Liability Team 10th Floor South-East Alexander House 21 Victoria Avenue Southend-on-Sea Essex SS99 1AA		dutyliability.policy@hmrc.gov.uk

Notice of initiation of an anti-dumping proceeding concerning imports of bulb flat originating in the People’s Republic of China and Türkiye

(2022/C 431/06)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 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 (1) (‘the basic Regulation’), alleging that imports of bulb flat, originating in the People’s Republic of China (‘the PRC’) and Türkiye, are being dumped and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 30 September 2022 by Laminados Losal S.A.U. (‘the complainant’). The complaint was made on behalf of the Union industry of bulb flat in the sense of Article 5(4) of the basic Regulation.

An open version of the complaint and the analysis of the degree of support by Union producers for the complaint 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 investigation

The product subject to this investigation is non-alloy steel bulb flat in the range up to 204 mm width (‘the product under investigation’).

All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the PRC and Türkiye (‘the countries concerned’), currently classified under CN code ex 7216 50 91 (TARIC code 7216509110). The CN and TARIC codes are given for information only, without prejudice to their possible amendment at future steps of the proceeding. The scope of this investigation is subject to the definition of the product under investigation as contained in Section 2.

For the PRC, the complainant claimed that it is not appropriate to use domestic prices and costs, 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 complainant relied on the information contained in the ‘Commission Staff Working Document on Significant Distortions in the Economy of the PRC’ of 20 December 2017 (4) (‘the country report’). In particular, the complainant referred to distortions affecting the steel sector, as steel is the main raw material to produce bulb flat and to chapters on general distortions with regard to land, energy, capital, and labour. In addition, the complainant mentioned that some distortions are the consequence of the state’s intervention in the economy in general and more specifically in the steel industry, the lack and the discriminatory application or inadequate enforcement of bankruptcy and property laws. Furthermore, the complainant referred to the Commission’s findings in several recent anti-dumping investigations on steel products (5) (which is the main raw material for bulb flat). Finally, the complainant made reference to the Chinese 13th and 14th Five Year Plans (‘FYP’) for steel, and in particular to the Plan for Adjusting and Upgrading the Steel Industry that focuses on structural changes to be made on the supply-side to address the problem of overcapacity. The 13th FYP states, among others, that steel shipbuilding is an activity supported by the Plan and that this industry is considered strategical.

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

The dumping margins calculated on the basis of this comparison are 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.

The country report is available in the file for inspection by interested parties and on DG Trade’s website (6).

The allegation of dumping from Türkiye is based on a comparison of the domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union. Further to that, the complainant also constructed normal value (manufacturing costs, selling, general and administrative costs and profit) and then compare it with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

The dumping margins calculated on the basis of these comparisons are significant for Türkiye.

4.   Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the countries concerned have increased in terms of market share.

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

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the countries concerned is being dumped and whether the dumped imports, have caused injury to the Union industry.

If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be in the Union interest under Article 21 of the basic Regulation.

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

5.1.    Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 October 2021 to 30 September 2022 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2019 to the end of the investigation period (‘the period considered’).

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

All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) 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 dumping

Exporting producers (8) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.

5.3.1.   Investigating exporting producers

5.3.1.1.   Procedure for selecting exporting producers to be investigated in the countries concerned

(a)   Sampling

In view of the potentially large number of exporting producers in the countries concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting 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 exporting producers, or representatives acting on their behalf, are 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 (‘TRON’) at the following address: (https://tron.trade.ec.europa.eu/tron/tdi/form/AD691_SAMPLING_FORM_FOR_EXPORTING_PRODUCER). TRON access information can be found in sections 5.6 and 5.8 below.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission has also contacted the authorities of the countries concerned and may contact any known associations of exporting producers.

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 countries concerned, the authorities of the countries concerned and associations of producers will be notified by the Commission, via the authorities of the countries 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 exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting 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 reflecting the sample selection to the file for inspection by interested parties. 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 exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2640

The questionnaire will also be made available to any known association of exporting producers, and to the authorities of those countries.

Without prejudice to the possible application of Article 18 of the basic Regulation, exporting producers that have agreed to be included in the sample but are not selected as part of the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section 5.3.1.1(b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (9).

(b)   Individual dumping margin for exporting producers not included in the sample

Pursuant to Article 17(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual dumping margins. Exporting producers wishing to claim an individual dumping margin must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2640. The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual duty in accordance with Article 9(5) of the basic Regulation.

However, non-sampled cooperating exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of non-sampled cooperating exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.3.2.   Additional procedure with regard to the PRC

Subject to the provisions of this Notice, all interested parties are 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.

In particular, the Commission invites all interested parties to make their views known on the inputs and the Harmonised System (HS) codes provided in the complaint, propose (an) appropriate representative country(ies) and provide the identity of producers of the product under investigation in those countries. This information and supporting evidence must reach the Commission within 15 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 inform parties to the investigation about the relevant sources, including, where appropriate, the selection of an appropriate representative third country that it intends to use for the purpose of determining normal value pursuant to Article 2(6a) by means of a note to the file for inspection by interested parties. Parties to the investigation will be given 10 days to comment on the note, in accordance with point (e) of Article 2(6a).

With the aim of finally selecting the appropriate representative third country, the Commission will examine whether those third countries have a similar level of economic development as that of the PRC, whether there is production and sales of the product under investigation in those third countries and whether relevant data are readily available. Where there is more than one representative third country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection. According to the information available to the Commission, a possible appropriate representative third country is Türkiye.

In the context of this exercise, 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 investigation 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/AD691_INFO_ON_INPUTS_FOR_EXPORTING_PRODUCER_FORM. TRON access information can be found in sections 5.6 and 5.8 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 filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from public sources which are readily available.

5.3.3.   Investigating unrelated importers (10) (11)

Unrelated importers of the product under investigation from the countries concerned to the Union are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this proceeding 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 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, are requested to provide the Commission with the information on their company(ies) requested in the Annex to this Notice within 7 days of the date of publication of 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 investigation in the Union which can reasonably be investigated within the time available.

Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days from the notification of the sample decision.

In order to obtain 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 decision about the sample, unless otherwise specified.

A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2640

5.4.    Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

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 and associations of Union producers, namely to: Laminados Losal S.A.U. and Olifer S.R.L.

The aforementioned Union producers must submit the completed questionnaire within 37 days of the date of publication of this Notice, 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.

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://tron.trade.ec.europa.eu/investigations/case-view?caseId=2640

5.5.    Procedure for the assessment of Union interest

Should the existence of dumping and injury caused be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would not be in 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 the imposition of measures is not in 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 investigation.

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 investigation, is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2640. The 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.

5.6.    Interested parties

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

Exporting producers, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3, 5.4 and 5.5 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.

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 investigation. 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 (12).

5.7.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission’s investigation services.

Any request for a hearing 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.

The timeframe for hearings is as follows:

—	For any hearings to take place before the deadline for the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice. The hearing will normally take place within 60 days of the date of publication of this Notice.

—

After the stage of provisional findings, a request should be made within 5 days from the date of the disclosure of the provisional findings or of the information document. The hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

—

At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure. The hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure. The hearing will then normally take place within the deadline to provide comments on this disclosure.

The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.

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.

5.8.    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 (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. Those summaries should 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 requests to be registered as interested parties, scanned powers of attorney and certification sheets. By using TRON.tdi or e-mail, 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 DG Trade: https://circabc.europa.eu/ui/group/2e3865ad-3886-4131-92bb-a71754fffec6/library/c8672a13-8b83-4129-b94c-bfd1bf27eaac/details. 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 e-mail 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 e-mail, 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

Email:

—	TRADE-AD691-BULB-FLAT-DUMPING-China@ec.europa.eu (for Chinese exporting producers)

—	TRADE-AD691-BULB-FLAT-DUMPING-TURKIYE@ec.europa.eu (for Turkish exporting producers)

—	TRADE-AD691-BULB-FLAT-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within normally 13, but not more than 14 months of the date of the publication of this Notice. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of this Notice.

In accordance with Article 19a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 4 weeks before the imposition of provisional measures. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.

In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed, by means of an information document, of the non-imposition of duties 4 weeks before the expiry of the deadline under Article 7(1) of the basic Regulation.

Interested parties will be given 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections, should respect the following timetable:

—	Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified.

—

Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the disclosure of the provisional findings or the information document at the stage of provisional findings. After this deadline, interested parties may only submit new factual information if they can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner.

—	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.

Such comments should be made according to the following timeframe:

—	Any comment on information submitted by other interested parties before the deadline of imposition of provisional measures should be made at the latest on day 75 from the date of publication of this Notice, unless otherwise specified.

—

Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified.

—

Comments on the information provided by other interested parties in reaction to the final disclosure should be submitted within 3 days from the deadline to comment on the final disclosure, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this disclosure should be made within 1 day from the deadline to comment on this 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, provisional or final 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 or parties 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: https://policy.trade.ec.europa.eu/contacts/hearing-officer_en

12.   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).

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: https://circabc.europa.eu/ui/group/2e3865ad-3886-4131-92bb-a71754fffec6/library/cef4ace2-299e-4e29-a17e-d450f34a23a5/details

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(1)  OJ L 176, 30.6.2016, p. 21.

(2)  The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 3(1) of the basic Regulation.

(3)  References to the publication of this Notice mean publication of this Notice in the Official Journal of the European Union.

(4)  Commission Staff Working Document, on Significant Distortions in the Economy of the People’s Republic of China for the Purposes of Trade Defence Investigations, 20 December 2017, SWD (2017) 483 final/2, available at: http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(5)  Commission Implementing Regulation (EU) 2022/191 of 16 February 2022 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ L 36, 17.2.2022, p. 1); Commission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China (OJ L 450, 16.12.2021, p. 59); Commission Implementing Regulation (EU) 2021/635 of 16 April 2021 imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 132, 19.4.2021, p. 145); and Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan (OJ L 110, 8.4.2020, p. 3).

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

(7)  On the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(8)  An exporting producer is any company in the countries concerned which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(9)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

(10)  This section covers only importers not related to exporting producers. Importers that are related to exporting 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).

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

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

(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).

Prior notification of a concentration

(Case M.10859 – TRAFIGURA / ECOBAT RESOURCES STOLBERG)

(Text with EEA relevance)

(2022/C 431/07)

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

Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2022/C 431/08)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF PROTECTED DESIGNATIONS OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATIONS WHICH IS NOT MINOR

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

‘Emmental français est-central’

EU No: PGI-FR-9180-AM01 – 16.4.2021

PDO ( ) PGI (X)

1.   Applicant group and legitimate interest

Syndicat des Fabricants et Affineurs d’Emmental Traditionnel (SFAET) [Union of Producers and Ripeners of Traditional Emmental]

26 rue Proudhon – 25000 Besançon

Tel. +33 381834613

Email: emmentalgrandcru.labelrouge@gmail.com

The group is made up of all milk producers and all cheese-makers included under the ‘Emmental français est-central’ Protected Geographical Indication. It therefore has a legitimate right to propose amendments to the product specification.

2.   Member State or Third Country

France

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

☐	Name of product

☒	Description of product

☒	Geographical area

☒	Proof of origin

☒	Method of production

☒

Link

☒

Labelling

☒	Other: updated contact details of the competent Member State authority and of the applicant group, updated references to the inspection bodies, updated national requirements (main points to be checked).

4.   Type of amendment(s)

☒	Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

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

5.   Amendment(s)

5.1.    Description of product

For cheese presented in grated form, the following has been added: ‘when bagged, the strands of grated cheese must be visually separate and not clumped together.’ This sentence appears in the current product specification, but in the section on proof that the product originates in the geographical area, which is the wrong place for an aspect of the description of the product.

The corresponding paragraph on the different forms of presentation has also been amended in the single document and moved to point 3.5.

5.2.    Geographical area

The geographical area, which comprises 13 departments in the current specification, has been reduced to 6 departments: Doubs, Haute-Marne, Haute-Saône, Jura, Territoire de Belfort and Vosges. The departments of Ain, Côte d’Or, Haute-Savoie, Isère, Rhône, Saône-et-Loire and Savoie no longer form part of the geographical area.

This reduction of the geographical area makes it possible to strengthen the PGI’s link with the territory, as the reduced geographical area is characterised by more homogeneous climate conditions.

Since 2006, all operators authorised to produce milk and to make and ripen ‘Emmental français est-central’ have been located in the reduced geographical area as defined in the proposed amendment to the specification.

This amendment has also been made in the single document.

5.3.    Proof of origin

The sentence ‘Any operator wishing to be involved in all or part of the product specification must inform the group in order to be authorised, which must be done before any production takes place’ has been added at the beginning of the section to remind all operators of their obligation to make themselves known before starting production so that they can be checked by the inspection bodies. This addition does not affect the single document.

5.4.    Method of production

5.4.1.   Milk production – feeding the dairy herd

5.4.1.1.   Prohibited types of feed

The current specification prohibits certain types of feed from being given to the dairy herd (lactating cows and dry cows). A ban on feed containing raw materials, additives and processing aids derived from genetically modified organisms (GMOs) has been added. The presence of raw materials and additives derived from GMOs in the feed given to the dairy herd represents a direct or indirect risk to consumer health and to the environment.

A ban on ‘products derived from palm oil and palm kernels in any form’ has also been introduced, as these products are considered inappropriate due to the controversy surrounding them.

In addition, in order to remove any ambiguity in the wording, it has now been specified that the types of feed listed are prohibited both in the basic feed and in the supplementary feed.

All these amendments have also been made in point 3.3 of the single document.

5.4.1.2.   Basic feed

The current specification provides that the basic feed for the dairy herd is based on grass and hay. The animals must be reared in accordance with traditional cycles of alternating between grazing and stabling.

It has been added that the basic feed includes, in addition to grass, hay and second-cut hay, all coarse fodder distributed either green or wilted. It also includes plant tubers and beets. However, the fodder distributed must not appear on the list of prohibited types of feed.

This amendment has also been made in point 3.3 of the single document.

It has been specified that the ratio of 50 % of the total ration provided by grass and hay should be understood to mean the minimum percentage of the dry matter in the total ration provided by the basic feed.

This amendment has also been made in point 3.3 of the single document.

It has also been added that 100 % of the fodder constituting the basic feed for the dairy cows must come from the geographical area of the PGI. One of the main objectives of the application to amend the specification is to strengthen the link between the product and its territory. The organoleptic characteristics are influenced by the microflora in the milk. The biodiversity of this microflora is itself dependent on the nature of the grassland and of the fodder distributed to the animals. Milk from the grasslands in the geographical area is characterised by a higher protein content than average for France. This specificity is reinforced by the specification banning the introduction of fodder from outside the geographical area.

This amendment has been made in point 3.3 of the single document.

The term ‘stabling’ may be open to interpretation. It has been replaced by the words ‘livestock housing’ in the specification.

5.4.1.3.   Grazing

The current specification requires a minimum grazing period of 5 months. This requirement has been increased to 6 months. It has also been added that, during the grazing period, each holding must have at least 0,30 hectares under grass, consumed fresh, per lactating cow, of which at least 0,20 hectares are accessible from the place of milking and are used for grazing.

Compulsory grazing and making optimal use of the grassland are a major element of the product specification. The grassland is characterised by a broad botanical and microbial diversity. Maintaining traditional grazing and haymaking cycles contributes to this biodiversity.

These amendments have been made in point 3.3 of the single document.

5.4.1.4.   Manger feeding

A provision has been added to the current specification (specifying that when animals other than dairy cows are present in the same cowshed (same building) and are fed with feed not authorised for the dairy cows, these animals must be kept in a separate enclosure within the cowshed.

The specification prohibits various raw materials from being given to the dairy herd as feed, requiring that the dairy herd be kept separate from other herds on the farm, in particular at the level of livestock buildings. This provision particularly ensures that feed distributed to the dairy herd is not contaminated by prohibited raw materials, in particular fermented products, and makes inspection easier.

This amendment does not affect the single document.

5.4.1.5.   Arrangements for feed distribution

The specification states that dry fodder (hay, second-cut hay) intended for dairy cows (including dry cows) must not be wetted before or during distribution. Where tubers or beets are distributed to the dairy cows, anything left uneaten must be removed within 24 hours of distribution.

This clarification has also been added under paragraph 3.3 of the single document.

5.4.1.6.   Supplementary feed

It has been specified that, with the exception of molasses and beet vinasse, supplementary feed must be distributed in dehydrated or inert form.

This section lists the raw materials and additives that are authorised to form part of the dairy herd’s supplementary feed. The classification has been amended to correspond to the nomenclature of the European legislation in force (Regulation (EU) No 68/2013). The category headings have been amended accordingly.

The category previously called ‘1. Cereal grains: their products and by-products’ has been replaced by the category ‘1. Cereal grains and products derived therefrom’ in accordance with the nomenclature in force. Sorghum has been added to the list of currently authorised raw materials. Sorghum is an alternative to maize and has no contraindications for use as feed for dairy herds.

The category previously called ‘2. Oil seeds or oil fruits, their products and by-products’ has been renamed ‘2. Oil seeds, oil fruits and products derived therefrom’ in accordance with the nomenclature in force. Palm oil has been removed from the list of raw materials currently authorised in the form of seeds, oil or oilcake.

It has been specified that all authorised raw materials may be included in the form of oils and fats.

The category previously called ‘3. Legume seeds’ has been renamed ‘3. Legume seeds and products derived therefrom’ in accordance with the nomenclature in force.

The category previously called ‘4. Products from sugar production’ has been renamed ‘4. Tubers, roots and products derived therefrom’ in accordance with the nomenclature in force. The following have been added to the list of currently authorised raw materials:

—	liquid beet vinasse;

—	dehydrated beet pulp (already authorised under category ‘6. Dehydrated fodder’ in the current specification) and dehydrated tuber pulp;

—	potato proteins.

Potato proteins are already authorised in another section of the current specification.

The raw material ‘sugar cane’ has now been included under category ‘7. Other plants, algae and products derived therefrom’.

The category previously called ‘5. Dehydrated fodder’ has been renamed ‘6. Forages and roughage, and products derived therefrom’ in accordance with the nomenclature in force. Dehydrated grasses and legumes have been added to the list of currently authorised raw materials. Grass hay and leguminous hay are already authorised as feed for dairy herds under the current specification. This authorisation has been extended to those same types of fodder in dehydrated form or in the form of derived products in protein concentrates.

The category previously called ‘6. Other plants, their products and by-products’ has been renamed ‘7. Other plants, algae and products derived therefrom’ in accordance with the nomenclature in force.

Category 7 and the table of additives authorised under the current specification have been replaced by the following three new headings in order to bring them into line with the European nomenclature in force:

—	Category 11: Minerals and products derived therefrom;

—	Category 12: Products and by-products of fermentation of microorganisms – see amendment 13 for vinasse;

—	Additives and processing aids (see the simplified list of additives authorised by Regulations (EC) No 1831/2003 and (EU) 2019/962).

These amendments, which do not alter the characteristics of the product, do not affect the single document.

5.4.1.7.   Feeding regimes for dairy cows

The feeding regimes have been updated in line with the changes explained above:

—	increase of the minimum grazing time from 5 months to 6 months;

—	replacement of the phrase ‘grass and/or hay and/or second-cut hay’ with ‘basic feed’.

The phrase ‘to keep the animals in good health’ has been deleted as it was unnecessary.

This amendment, which does not alter the characteristics of the product, does not affect the single document.

5.4.2.   Cheese dairies – Storing and collecting the milk

The sentences ‘The milk collected by the cheese dairies must be traceable. A collection log must be kept up to date by the cheese dairies.’ have been deleted as they do not belong in the section on ‘Method of production’.

This amendment does not affect the single document.

5.4.3.   Cheese dairies – Production chain

The sentence ‘The production plants must be situated in the geographical area defined in point 3.’ has been deleted as it is a repetition of a requirement in the section on the definition of the geographical area.

The sentence ‘The milk used for production must come from authorised holdings complying with the product specification.’ has been deleted as it is a repetition of a requirement in the section on proof that the product originates in the geographical area.

The paragraph ‘So that it can be checked at any time, traceability of the production of “Emmental français est-central” must be ensured so that the origin of milk used is known and the product can be monitored at all stages of production. The system must also enable the cheeses produced to be identified at a later date.’ has been deleted from the section ‘Method of production’ and moved to the section on proof that the product originates in the geographical area, which seems more appropriate.

These amendments do not affect the single document.

5.4.4.   Cheese dairies – Production

The text has been clarified to confirm that all preservatives other than salt are prohibited.

The stipulation has been added that none of the ingredients and processing aids may be derived from genetically modified organisms. This is justified by an as yet incomplete assessment of the risks to the consumer and to the environment.

The maximum length of time for maintaining the temperature of the curd (90 minutes) has been deleted because it is of no technological or qualitative significance.

The paragraph ‘All requirements relating to the conditions for collecting, receiving and storing the milk at the cheese dairy and producing the cheese must be controlled and monitored by the person responsible for production. All production record sheets must be kept for a period of 3 years.’ has been deleted from the section ‘Method of production’ and moved to the section on proof that the product originates in the geographical area, which seems more appropriate.

These amendments do not affect the single document.

5.4.5.   Ripening facilities – Duration of cheese ripening

The sentence ‘The ripening facilities must be situated in the geographical area defined in point 3.’ has been deleted as it is a repetition of a requirement in the section on the definition of the geographical area.

This amendment does not affect the single document.

5.5.    Link

The section ‘Elements justifying the link with the geographical area’ has been completely rewritten in order to better highlight this link in a more concise way.

The introductory sentence ‘The link with the origin of “Emmental français est-central” is based on its specific quality.’ has been added.

The reference to the Alpine massif has been removed as it is no longer part of the defined geographical area.

The specific nature of the product includes the elements set out in the section ‘Description of the product’.

This redrafting, which does not alter the link, also affects the single document.

5.6.    Labelling

In accordance with Regulation (EU) No 1151/2012, the requirement has been added for the name of the product and the EU logo to appear in the same visual field. To that end, the sentence ‘In addition to the mandatory information required by the rules on the labelling and presentation of foodstuffs, the labelling must display the registered name of the product and the European Union PGI logo in the same visual field.’ has replaced the sentence ‘The designation “Emmental français est-central” and the European PGI logo are mandatory on the labelling of cheese intended for sale to consumers.’

This clarification has been made in the single document.

5.7.    Other

The contact details of the competent Member State authority and of the applicant group have been updated. This amendment does not affect the single document.

Inspection bodies:

The name and contact details of the certification body have been deleted in application of the applicable instructions at national level in order to harmonise the wording of the product specifications.

Under this heading, the contact details of the authorities responsible for national inspections are now provided, i.e. the National Institute of Origin and Quality (INAO) and the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).

The name and contact details of the certification body can now be consulted on the INAO website and in the European Commission’s database.

This amendment does not affect the single document.

In the national requirements, the new grazing obligations have been added to the table containing the main points to be checked. This amendment does not affect the single document.

SINGLE DOCUMENT

‘Emmental français est-central’

EU No: PGI-FR-9180-AM01 – 16.4.2021

PDO ( ) PGI (X)

1.   Name(s)

‘Emmental français est-central’

2.   Member State or third country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.3. Cheeses

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

Raw cow’s milk cheese, cooked, pressed and salted with openings ranging from the size of a cherry to that of a walnut, containing a minimum of 45 % fat in dry matter, which is at least 62 g in 100 g of cheese. The paste has a supple and melt-in-the-mouth quality. The rind is hard and dry, and golden yellow to light brown in colour. The cheese is ripened for at least 12 weeks from the date of production until it leaves the cellar.

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

The basic feed for the herd comprises grass, hay and second-cut hay as well as all coarse fodder not included in the list of prohibited types of feed.

The basic feed must account for at least 50 % of the dry matter in the total food ration, including during the grazing period.

Grazing is compulsory for at least 6 months to maintain the link with the pastures of the geographical area.

100 % of the fodder constituting the basic feed for the dairy cows must come from the geographical area.

During the grazing period, each holding must have at least 0,30 hectares under grass, consumed fresh, per lactating cow, of which at least 0,20 hectares are accessible from the place of milking and are used for grazing.

The dairy herd’s stocking density must not exceed 1,6 dairy livestock units per hectare of forage area allocated to the dairy herd, including cereals consumed on the holding itself.

Fermented products are banned to avoid contamination by butyric acid bacteria spores that could alter the qualities of the cheese.

Dry fodder intended for dairy cows must not be wetted before or during distribution.

Where tubers or beets are distributed to the dairy cows, anything left uneaten must be removed within 24 hours of distribution.

Supplementary feed may not account for more than 50 % of the dry matter in the total food ration distributed to the dairy cows.

The following are prohibited from the animals’ diet all year round (in both the basic and the supplementary feed):

—	silage products in the form of fermented feed and bales of fodder which have been wrapped, creating anaerobic conditions;

—	types of feed which adversely affect the smell of the milk;

—	liquid whey;

—	non-dehydrated marc, fruit, draff and pulp;

—	products derived from palm oil and palm kernels in any form;

—	hay preservatives other than sodium chloride;

—	feed containing raw materials, additives and processing aids derived from genetically modified organisms.

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

The production of the milk, the cheese-making process and ripening must take place in the geographical area.

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

The cheese comes in the following forms:

—	whole wheels (from 60 kg to 130 kg – from 0,70 m to 1 m in diameter – at least 14 cm high at the sides) or wedges (¼ of a wheel, ⅛ of a wheel, etc.), blocks and long cross-sections (longes), or

—	portions and pieces, or

—	mini portions, or

—	grated (when bagged, the strands of grated cheese must be visually separate and not clumped together).

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

In addition to the mandatory information required by the rules on the labelling and presentation of foodstuffs, the labelling must display the registered name of the product and the European Union PGI logo in the same visual field.

4.   Concise definition of the geographical area

The geographical area comprises the following departments: Doubs, Haute-Marne, Haute-Saône, Jura, Territoire de Belfort and Vosges.

5.   Link with the geographical area

The link with the origin of ‘Emmental français est-central’ is based on its specific quality.

The traditional production area of ‘Emmental français est-central’ is situated across two mountain ranges (Vosges and Jura) forming what is known as the ‘east-central’ region [‘Est-central’].

These mountain ranges are characterised by long, cold winters, hot and relatively dry summers, and abundant rainfall with many days of rain. This climate is particularly suitable for producing high-quality grass and hay (high protein and fatty acid content).

The pastures in the east-central region of France have a high botanical and microbial diversity.

This diversity is preserved thanks to the milk producers’ agronomic practices, in particular by maintaining traditional grazing and haymaking cycles.

The difficult geographical and climatic conditions in this region make it ideally suited to dairy cattle farming, which makes good use of the grass and feed produced by its pastures.

In the Middle Ages, the art of making large wheels of cheese provided a solution for preserving the abundant supply of summer milk during the winter.

Gradually, as the production of these cheeses required large volumes of milk (up to 900 litres of milk per wheel), producers set up cooperatives to pool their milk. The east-central region is known for its cheese-making cooperatives, which are called ‘fruitières’.

Today, the cheese dairies still form an integral part of the regional heritage because of their close relationship to the land, and help maintain economic and social activity in the rural municipalities of east-central France.

‘Emmental français est-central’ is a raw cow’s milk cheese, cooked and pressed with openings ranging from the size of a cherry to that of a walnut. The paste has a supple and melt-in-the-mouth quality. The rind is hard and dry, and golden yellow to light brown in colour. The cheese is ripened for at least 12 weeks from the date of production until it leaves the cellar. They are large cheeses (from 60 kg to 130 kg – from 0,70 m to 1 m in diameter – at least 14 cm high at the sides).

These are the characteristics looked for during the final selection carried out by the ripeners based on traditional know-how.

The specific quality of ‘Emmental français est-central’ is down to the feed of the dairy cattle herd and the grazing obligation (at least 6 months), which forges a strong link between ‘Emmental français est-central’ and the various areas that make up the east-central region.

The dairy cows’ basic feed comes exclusively from the geographical area: grass during the summer period, and hay and coarse fodder during winter. Therefore, the local feed given to the cows results mainly from a respect for the traditional cycles of grazing and haymaking, which helps to preserve grassland biodiversity but also the microbial biodiversity of the milk.

The organoleptic characteristics of ‘Emmental français est-central’ are influenced by the grassland flora and especially the microflora of the milk, which must be used raw. Thus the milk from the grasslands of the east-central region has a higher protein content, which is essential for it to be made into cheese.

In addition, the ban on the use of fermented feed (silage and wrapped, round bales of hay) and of supplementary feed from scented plants (Cruciferae, etc.) prevents the occurrence of butyric fermentation and acidity in the milk and later in the cheese, and prevents flavours and odours that are unpleasant to consumers.

In the same way, the absence of butyric fermentation owing to the quality of the milk and the limited lipolysis due to the storage conditions of the collected milk allow the product to be ripened for a longer period and to keep better.

These precautions are essential to allow large wheels of cooked, pressed cheese made from raw milk to be ripened in cellars for a long period of time (at least 12 weeks as opposed to 6 weeks for standard French Emmental), in keeping with tradition.

The ripening process consists of three stages, including an intermediate phase in warm cellars during which the characteristic openings in the paste are formed. These opening are separate from one another, spherical to oval in shape, well distributed, regular and well defined, ranging from the size of a cherry to that of a walnut.

The more pronounced proteolysis, resulting from long-term ripening, is the reason for the typical clean and fruity flavour.

At the end of the ripening process, it is up to the ripener to select the cheeses based on various scores relating to the organoleptic characteristics of ‘Emmental français est-central’ PGI, such as openings, paste, flavour and aroma.

The 12-week maturing period, along with the intrinsic qualities of the milk used, is therefore the single most important factor that lends ‘Emmental français est-central’ its characteristic features. Mastery of the three phases of ripening combined with an astute selection process by the ripeners at the end of this stage contributes to the typical characteristics of the product, which is characterised mainly by a hard, dry rind, a golden-yellow to light-brown colour, a supple and melt-in-the-mouth paste and openings ranging from the size of a cherry to that of a walnut.

Reference to publication of the specification

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-17d4b020-03b3-42af-88ee-d9124b73b41b

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(1)  OJ L 343, 14.12.2012, p. 1.