Non-opposition to a notified concentration

(Case M.9906 – KKR/HPS/Monleasing Holdco)

(Text with EEA relevance)

(2020/C 322/01)

On 25 September 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9906. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Euro exchange rates (1)

29 September 2020

(2020/C 322/02)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1702
JPY	Japanese yen	123,61
DKK	Danish krone	7,4461
GBP	Pound sterling	0,90963
SEK	Swedish krona	10,5343
CHF	Swiss franc	1,0795
ISK	Iceland króna	162,00
NOK	Norwegian krone	11,0543
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,148
HUF	Hungarian forint	365,70
PLN	Polish zloty	4,5435
RON	Romanian leu	4,8721
TRY	Turkish lira	9,1649
AUD	Australian dollar	1,6412
CAD	Canadian dollar	1,5655
HKD	Hong Kong dollar	9,0691
NZD	New Zealand dollar	1,7749
SGD	Singapore dollar	1,6018
KRW	South Korean won	1 365,89
ZAR	South African rand	19,8685
CNY	Chinese yuan renminbi	7,9777
HRK	Croatian kuna	7,5510
IDR	Indonesian rupiah	17 419,00
MYR	Malaysian ringgit	4,8639
PHP	Philippine peso	56,695
RUB	Russian rouble	92,1625
THB	Thai baht	36,988
BRL	Brazilian real	6,6022
MXN	Mexican peso	26,0452
INR	Indian rupee	86,2750

---

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

Commission notice concerning the application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin or the protocols on rules of origin providing for diagonal cumulation between the Contracting Parties to this Convention

(2020/C 322/03)

For the purpose of the application of diagonal cumulation of origin among the Contracting Parties (1) to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (hereafter referred to as ‘the Convention’), the Parties concerned notify each other, through the European Commission, of the origin rules in force with the other Parties.

It is recalled that diagonal cumulation can only be applied if the Parties of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the Parties participating in the acquisition of originating status, i.e. with all the Parties from which the materials used originate. Materials originating in a Party which has not concluded an agreement with the Parties of final manufacture and/or of final destination shall be treated as non-originating. Specific examples are given in the Explanatory Notes concerning the pan-Euro-Mediterranean protocols on rules of origin (3).

Based on the notifications made by the Parties to the European Commission, the tables attached specify:

Table 1 – a simplified overview of cumulation possibilities on 26 March 2020.

Tables 2 and 3 – the date from which diagonal cumulation becomes applicable.

In Table 1, an ‘X’ marks the existence between 2 partners of a free trade agreement containing rules of origin allowing cumulation based on pan-Euro-Mediterranean model rules of origin. To use diagonal cumulation with a third partner, an ‘X’ should be present in all the intersection of the table between the 3 partners. However, there are some exceptions to diagonal cumulation. For such cases, either (1) or an (*) next to the ‘X’ will point out the exceptions to consider.

In Table 2, the dates mentioned refer to:

—	The date of application of diagonal cumulation on the basis of Article 3 of Appendix I to the Convention where the free trade agreement concerned refers to the Convention. In that case the date is preceded by ‘(C)’;

—	The date of application of the protocols on rules of origin providing for diagonal cumulation attached to the free trade agreement concerned, in other cases.

In Table 3 the dates mentioned refer to the date of application of the protocols on rules of origin providing for diagonal cumulation attached to the free trade agreements between the EU, Turkey and the participants to the EU's Stabilisation and Association Process. Each time a reference to the Convention is made in a free trade agreement between Parties in this table, a date preceded by ‘(C)’ has been added in Table 2.

It is also recalled that materials originating in Turkey covered by the EU-Turkey customs union can be incorporated as originating materials for the purpose of diagonal cumulation between the European Union and the countries participating in the Stabilisation and Association Process with which an origin protocol is in force.

The codes for the Contracting Parties listed in the tables are given here below.

— European Union	EU
— EFTA States:
— Iceland	IS
— Switzerland (including Liechtenstein) (4)	CH (+ LI)
— Norway	NO
— The Faroe Islands	FO
— The participants in the Barcelona Process:
— Algeria	DZ
— Egypt	EG
— Israel	IL
— Jordan	JO
— Lebanon	LB
— Morocco	MA
— West Bank and Gaza Strip	PS
— Syria	SY
— Tunisia	TN
— Turkey	TR
— The participants in the EU’s Stabilisation and Association Process:
— Albania	AL
— Bosnia and Herzegovina	BA
— North Macedonia	MK
— Montenegro	ME
— Serbia	RS
— Kosovo (*)	KO
— The Republic of Moldova	MD
— Georgia	GE
— Ukraine	UA

This notice replaces notice 2020/C 67/02 (OJ C 67, 2.3.2020, p. 2).

Table 1

Simplified overview of diagonal cumulation possibilities in the pan-Euro-Med zone on 26 March 2020

EFTA states

Participants in the Barcelona Process

Participants in the EU's Stabilisation and Association Process

EU

CH (+LI)

IS

NO

FO

DZ

EG

IL

JO

LB

MA

PS

SY

TN

TR

AL

BA

KO

ME

MK

RS

MD

GE

UA

EU

X

X

X

X

X

X

X

X

X

X

X

X (5)

X

X

X

X

X

X

X

X

X

CH (+LI)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

IS

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

NO

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

FO

X

X

X

X

X

DZ

X

EG

X

X

X

X

X

X

X

X

IL

X

X

X

X

X

X

JO

X

X

X

X

X

X

X

X

LB

X

X

X

MA

X

X

X

X

X

X

X

X

PS

X

X

X

X

SY

X

TN

X

X

X

X

X

X

X

X

TR

X (5)

X

X

X

X

X

X

X

X

X

(*1)

(*1)

(*1)

(*1)

X (*1)

X (*1)

X

AL

X

X

X

X

(*1)

X

X

X

X

X

X

BA

X

X

X

X

(*1)

X

X

X

X

X

X

KO

X

(*1)

X

X

X

X

X

X

ME

X

X

X

X

(*1)

X

X

X

X

X

X

MK

X

X

X

X

X (*1)

X

X

X

X

X

X

RS

X

X

X

X

X (*1)

X

X

X

X

X

X

MD

X

X

X

X

X

X

X

X

GE

X

X

X

X

X

UA

X

X

X

X

X

Table 2

Date of application of rules of origin providing for diagonal cumulation in the pan-Euro-Med zone

EFTA states

Participants in the Barcelona Process

Participants in the EU's Stabilisation and Association Process

EU

CH(+LI)

IS

NO

FO

DZ

EG

IL

JO

LB

MA

PS

SY

TN

TR

AL

BA

KO

ME

MK

RS

MD

GE

UA

EU

1.1.2006 (C)1.2.2016

1.1.2006 (C) 1.5.2015

1.1.2006 (C) 1.5.2015

1.12.2005 (C) 12.5.2015

1.11.2007

1.3.2006 (C) 1.2.2016

1.1.2006

1.7.2006

1.12.2005

1.7.2009 (C) 1.3.2016

1.8.2006

(6)

(C) 1.5.2015

(C) 9.12.2016

(C) 1.4.2016

(C) 1.2.2015

(C) 1.5.2015

(C) 1.2.2015

(C) 1.12.2016

(C) 1.6.2018

(C) 1.1.2019

CH (+LI)

1.1.2006 (C) 1.2. 2016

1.8.2005 (C) 1.7.2013

1.8.2005 (C) 1.7.2013

1.1.2006

1.8.2007

1.7.2005

17.7.2007

1.1.2007

1.3.2005

1.5.2016

1.6.2005

1.9.2007 (C) 1.12.2019

(C) 1.5.2015

(C) 1.1.2015

(C) 1.9.2012

1.2.2016

(C) 1.5.2015

(C) 1.5.2018

1.6.2012

IS

1.1.2006 (C) 1.5.2015

1.8.2005 (C) 1.7.2013

1.8.2005 (C) 1.7.2013

1.11.2005

1.8.2007

1.7.2005

17.7.2007

1.1.2007

1.3.2005

1.5.2016

1.3.2006

1.9.2007 (C) 1.12.2019

(C) 1.5.2015

(C) 1.1.2015

(C) 1.10.2012

1.5.2015

(C) 1.5.2015

(C) 1.9.2017

1.6.2012

NO

1.1.2006 (C) 1.5.2015

1.8.2005 (C) 1.7.2013

1.8.2005 (C) 1.7.2013

1.12.2005

1.8.2007

1.7.2005

17.7.2007

1.1.2007

1.3.2005

1.5.2016

1.8.2005

1.9.2007 (C) 1.12.2019

(C) 1.5.2015

(C) 1.1.2015

(C) 1.11.2012

1.5.2015

(C) 1.5.2015

(C) 1.9.2017

1.6.2012

FO

1.12.2005 (C) 12.5.2015

1.1.2006

1.11.2005

1.12.2005

(C) 1.10.2017

DZ

1.11.2007

EG

1.3.2006 (C) 1.2.2016

1.8.2007

1.8.2007

1.8.2007

6.7.2006

6.7.2006

6.7.2006

1.3.2007

IL

1.1.2006

1.7.2005

1.7.2005

1.7.2005

9.2.2006

1.3.2006

JO

1.7.2006

17.7.2007

17.7.2007

17.7.2007

6.7.2006

9.2.2006

6.7.2006

6.7.2006

LB

1.1.2007

1.1.2007

1.1.2007

MA

1.12.2005

1.3.2005

1.3.2005

1.3.2005

6.7.2006

6.7.2006

6.7.2006

1.1.2006

PS

1.7.2009 (C) 1.3.2016

1.5.2016

1.5.2016

1.5.2016

SY

1.1.2007

TN

1.8.2006

1.6.2005

1.3.2006

1.8.2005

6.7.2006

6.7.2006

6.7.2006

1.7.2005

TR

(6)

1.9.2007 (C) 1.12.2019

1.9.2007 (C) 1.12.2019

1.9.2007 (C) 1.12.2019

(C) 1.10.2017

1.3.2007

1.3.2006

1.1.2006

1.1.2007

1.7.2005

1.9.2019

( C) 1.8.2018

(C) 1.6.2019

(C) 1.10.2017

AL

(C) 1.5.2015

(C) 1.5.2015

(C) 1.5.2015

(C) 1.5.2015

(C) 1.2.2015

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

BA

(C) 9.12.2016

(C) 1.1.2015

(C) 1.1.2015

(C) 1.1.2015

(C) 1.2.2015

(C) 1.4.2014

(C) 1.2.2015

(C) 1.2.2015

(C) 1.2.2015

(C) 1.4.2014

KO

(C) 1.4.2016

1.9.2019

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

ME

(C) 1.2.2015

(C) 1.9.2012

(C) 1.10.2012

(C) 1.11.2012

(C) 1.4.2014

(C) 1.2.2015

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

MK

(C) 1.5.2015

1.2.2016

1.5.2015

1.5.2015

(C) 1.8.2018

(C) 1.4.2014

(C) 1.2.2015

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

RS

(C) 1.2.2015

(C) 1.5.2015

(C) 1.5.2015

(C) 1.5.2015

(C) 1.6.2019

(C) 1.4.2014

(C) 1.2.2015

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

MD

(C) 1.12.2016

(C) 1.10.2017

(C)1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

(C) 1.4.2014

GE

(C) 1.6.2018

(C) 1.5.2018

(C) 1.9.2017

(C) 1.9.2017

(C) 26.3.2020

UA

(C) 1.1.2019

1.6.2012

1.6.2012

1.6.2012

(C) 26.3.2020

Table 3

Date of application of the protocols on rules of origin providing for diagonal cumulation between the European Union, Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, Serbia and Turkey

	EU	AL	BA	KO	MK	ME	RS	TR
EU		1.1.2007	1.7.2008	1.4.2016	1.1.2007	1.1.2008	8.12.2009	(7)
AL	1.1.2007		22.11.2007	1.4.2014	26.7.2007	26.7.2007	24.10.2007	1.8.2011
BA	1.7.2008	22.11.2007		1.4.2014	22.11.2007	22.11.2007	22.11.2007	14.12.2011
KO	1.4.2016	1.4.2014	1.4.2014		1.4.2014	1.4.2014	1.4.2014	1.9.2019
MK	1.1.2007	26.7.2007	22.11.2007	1.4.2014		26.7.2007	24.10.2007	1.7.2009
ME	1.1.2008	26.7.2007	22.11.2007	1.4.2014	26.7.2007		24.10.2007	1.3.2010
RS	8.12.2009	24.10.2007	22.11.2007	1.4.2014	24.10.2007	24.10.2007		1.9.2010
TR	(7)	1.8.2011	14.12.2011	1.9.2019	1.7.2009	1.3.2010	1.9.2010

---

(1)  The Contracting Parties are the European Union, Albania, Algeria, Bosnia and Herzegovina, Egypt, Faroe Islands, Georgia, Iceland, Israel, Jordan, Kosovo (under Resolution 1244(1999) of the United Nations Security Council), Lebanon, North Macedonia, the Republic of Moldova, Montenegro, Morocco, Norway, Serbia, Switzerland (including Liechtenstein), Syria, Tunisia, Turkey, Ukraine and West Bank and Gaza Strip.

(2)  OJ L 54, 26.2.2013, p. 4.

(3)  OJ C 83, 17.4.2007, p. 1.

(4)  Switzerland and the Principality of Liechtenstein form a customs union.

(*)  This designation is without prejudice to positions on status and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

(*1)  Diagonal cumulation between Turkey, Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia is possible. However, please see Table 3 for the possibility of diagonal cumulation between the European Union, Turkey, Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia.

(5)  For goods covered by the EU-Turkey customs union, the date of application is 27 July 2006.

For agricultural products, the date of application is 1 January 2007(cumulation is not applicable with MD).

For coal and steel products, the date of application is 1 March 2009(cumulation is not applicable with MD)

(6)  For goods covered by the EU-Turkey customs union, the date of application is 27 July 2006.

For agricultural products, the date of application is 1 January 2007.

For coal and steel products, the date of application is 1 March 2009.

(7)  For goods covered by the EU-Turkey customs union, the date of application is 27 July 2006. Not applicable for agricultural products and for coal and steel products.

Summary of the Opinion of the European Data Protection Supervisor on EDPS Opinion on the European strategy for data

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2020/C 322/04)

Executive summary

The European Commission published on 19 February 2020 a Communication ‘A European strategy for data’. It is part of a wider package of strategic documents, including also a Communication on Shaping Europe’s digital future and a White Paper on Artificial Intelligence – A European approach to excellence and trust.

The aim of the Data Strategy is to create a single European data space and thus make it easier for businesses and public authorities to access high-quality data to boost growth and create value. Moreover, it should ‘enable the EU to become the most attractive, most secure and most dynamic data-agile economy in the world’. A key element of the Data Strategy is the development of common European data spaces in strategic economic sectors and domains of public interest, such as the common European health data space.

This Opinion presents the EDPS view on the Data Strategy as a whole, as well as on certain specific aspects, such as the notion of ‘public good’, Open Data, use of data for scientific research, data intermediaries, data altruism, international data sharing and others.

The EDPS understands the growing importance of data for the economy and society and supports the wider strategic objectives of the EU, such as the development of the Digital Single Market and the EU’s digital sovereignty. At the same time, he recalls that ‘big data comes with big responsibility’ and therefore appropriate data protection safeguards must be in place.

In this regard, the EDPS applauds the Commission’s commitment to ensure that European fundamental rights and values, including the right to the protection of personal data, underpin all aspects of the Data Strategy and its implementation. In particular, he appreciates the assurance that the Strategy would be developed in full compliance with the General Data Protection Regulation, which provides a solid basis, also by virtue of its technologically-neutral approach.

The EDPS underlines that one of the objectives of the Data Strategy should be to prove the viability and sustainability of an alternative data economy model – open, fair and democratic. Unlike the current predominant business model, characterised by unprecedented concentration of data in a handful of powerful players, as well as pervasive tracking, the European data space should serve as an example of transparency, effective accountability and proper balance between the interests of the individual data subjects and the shared interest of the society as a whole.

Furthermore, this Opinion takes into account the unprecedented global crisis, caused by the COVID-19 pandemic, which has affected all aspects of our life. In this context, the EDPS reiterates his position that data protection is not the problem but part of the solution. Data and technology can play an important role in the overcoming the crisis in combination with other factors, as there is no ‘silver bullet’ for something as complex like this.

The EDPS remains at the disposal of the Commission, the Council and the European Parliament to provide further advice at the next stages of the implementation of the European strategy for data, both in terms of legal framework and of practical aspects. The comments in this Opinion are without prejudice to additional comments in the future on particular issues and/or if further information is available.

1.   INTRODUCTION

1.

The European Commission presented on 19 February 2020 a Communication ‘A European strategy for data’ (1). It is part of a wider package of strategic documents, including also a Communication on Shaping Europe’s digital future (2) and a White Paper on Artificial Intelligence – A European approach to excellence and trust (3).

2.

The aim of the European strategy for data (hereinafter referred to as ‘the Data Strategy’ or ‘the Strategy’) is to create a single European data space and thus make it easier for businesses and public authorities to access high quality data to boost growth and create value, while reducing the carbon footprint of the EU economy. Moreover, it would play a key role in realising the Commission’s ambition to ‘enable the EU to become the most attractive, most secure and most dynamic data-agile economy in the world’.

3.

The European Data Strategy has been open to public consultation. The objective of the consultation is to collect views on the Data Strategy as a whole, as well as on certain specific aspects. A similar public consultation has been launched on the White Paper on Artificial Intelligence.

4.

The EDPS was informally consulted by the Commission on 29 January 2020 on the initial draft of the Data Strategy and submitted preliminary comments. The EDPS welcomes the fact that his views have been sought at an early stage of the procedure and encourages the Commission to continue with this best practice.

5.

The present opinion further elaborates upon some of the informal comments and provides more targeted input in light of the public consultation. It should, in principle, be read in conjunction with other relevant opinions of the EDPS, referred throughout the document, such as the Preliminary opinion on scientific research (4), Opinion on Open Data (5), Opinion on personal information management systems (6), and others. Furthermore, the present opinion is without prejudice to any additional comments that the EDPS could make on the basis of further available information at a later stage, including in the context of the future legislative consultations on the legal acts foreseen in the Data Strategy and the Commission Work Programme.

6.

Finally, the EDPS notes the ongoing debate about the extent to which data and technology can help in the fight against COVID-19. In this context, the EDPS would like to recall his position, shared by the other supervisory authorities within the European Data Protection Board (EDPB) (7), that data protection rules do not hinder measures taken in response to the coronavirus pandemic. Data protection is not the problem, it is part of the solution. The EDPS considers that data and technology play an important role in the overcoming of the unprecedented crisis, which impacts all aspects of our life, but they are by no means a ‘silver bullet’. Data and technology can contribute in fighting the pandemics and other similar threats only if they empower effectively the individuals and are accompanied by appropriate safeguards and other holistic measures.

6.   CONCLUSION

75.

The EDPS understands the growing importance of data for the economy and society and supports the ambition to make the European Union ‘the most attractive, most secure and most dynamic data-agile economy in the world’. At the same time, he would like to recall that ‘big data comes with big responsibility’ and therefore appropriate data protection safeguards must be in place and effectively applied.

76.

The EDPS welcomes the Commission’s commitment to ensure that European fundamental rights and values, including the right to the protection of personal data, underpin all aspects of the Data Strategy and its implementation. In particular, he appreciates the assurance that the Strategy would be developed in full compliance with the General Data Protection Regulation, which provides a solid basis, also by virtue of its technologically-neutral approach.

77.

Today, the predominant business model of the digital economy is characterised by unprecedented concentration of data in the hands of a handful of powerful players, based outside the EU, and wide-scale pervasive tracking. The EDPS strongly believes that one of the most important objectives of the Data Strategy should be to prove the viability and sustainability of an alternative data economy model – open, fair and democratic. Therefore, the envisaged common European data spaces should serve as an example of transparency, effective accountability and proper balance between the interests of the data subjects and the shared interest of the society as a whole.

78.

The EDPS expects to be consulted on any legislative follow-up to the Data Strategy which will have an impact on data protection, as set out above, in line with Article 42 of Regulation 2018/1725, and remains at the disposal of the Commission, the Council and the European Parliament to provide further advice at the next stages of implementation of the European strategy for data, both in terms of legal framework and of practical aspects. The comments in this Opinion are without prejudice to additional comments in the future on particular issues and/or if further information is available.

---

(1)  COM (2020) 66 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/european-data-strategy

(2)  COM(2020) 67 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/shaping-europe-digital-future_en

(3)  COM(2020) 65 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/excellence-trust-artificial-intelligence_en

(4)  https://edps.europa.eu/sites/edp/files/publication/20-01-06_opinion_research_en.pdf

(5)  https://edps.europa.eu/sites/edp/files/publication/18-07-11_psi_directive_opinion_en.pdf

(6)  https://edps.europa.eu/sites/edp/files/publication/16-10-20_pims_opinion_en.pdf

(7)  See more at https://edps.europa.eu/data-protection/our-work/subjects/covid-19_en

Summary of the Opinion of the European Data Protection Supervisor on the European Commission’s action plan for a comprehensive Union policy on preventing money laundering and terrorism financing

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2020/C 322/05)

Executive summary

On 7 May 2020, the Commission issued a Communication on an action plan for a comprehensive Union policy on preventing money laundering and terrorism financing (C(2020)2800 final) which sets a route map for the achievement of its objectives on this area. This Opinion assesses the data protection implications of the initiatives laid out in the Commission’s Action Plan.

While the EDPS acknowledges the importance of the fight against money laundering and terrorism financing as an objective of general interest, we call for the legislation to strike a balance between the interference with the fundamental rights of privacy and personal data protection and the measures that are necessary to effectively achieve the general interest goals on AML/CFT (the principle of proportionality).

The EDPS recommends that the Commission monitors the effective implementation of the existing AML/CFT framework while ensuring that the GDPR and the data protection framework are respected and complied with. This is particularly relevant for the works on the interconnection of central bank account mechanisms and beneficial ownership registers that should be largely inspired by the principles of data minimisation, accuracy and privacy-by-design and by default.

The EDPS welcomes the envisaged harmonisation of the AML/CFT framework, as this will result in a more consistent application of the main rules by Member States as well as a uniform interpretation by the Court of Justice of the European Union. The EDPS invites the Commission to follow the risk-based approach when deciding on the new measures of the reinforced rulebook, since this approach is also in line with the data protection principles.

The EDPS recommends the Commission to foresee in its proposal bringing about the EU-Level AML/CFT supervisor a specific legal basis for it to process personal data as well as the necessary data protection safeguards in line with the GDPR and Regulation 2018/1725, particularly regarding information sharing and international transfers of data.

The EDPS welcomes the initiative of the Commission to boost the development of FIU.net and to find a suitable solution for its management that is in line with the GDPR and the data protection framework. Furthermore, we recommend that the proposal establishing the mechanism for the support and coordination of FIUs clarifies the conditions for access to and sharing of information on financial transactions by FIUs.

The EDPS supports the development of PPPs for the research and analysis of typologies and trends in AML/CFT, within the respect of the boundaries of the GDPR. To the contrary, and whether the EDPS does not wish to express any merit judgement on the policy purposes behind the initiative, we consider that PPPs for the sharing of operational information on intelligence suspects by law enforcement authorities to obliged entities, would result in a high risk for the rights to privacy and data protection. Furthermore, processing operations concerning information on possible offences arising from financial transactions should remain within the boundaries of competent authorities and not be shared with private entities.

The EDPS welcomes the Commission’s efforts to play a stronger role within the Financial Action Task Force and to speak with one voice. He encourages the Commission to strive to make the data protection principles part and parcel of the AML/CFT processes, when setting up international standards in this area.

Finally, the EDPS expects to be consulted, in accordance with Article 42 of Regulation 2018/1725, following the adoption of proposals for legislative acts where there is an impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data. This may include, inter alia, the future proposals for a Regulation on AML/CFT measures, establishing a support and coordination mechanism for FIUs and setting up the EU-Level supervisor.

1.   INTRODUCTION AND BACKGROUND

1.

On 7 May 2020, the European Commission adopted its Communication on an action plan for a comprehensive Union policy on preventing money laundering and terrorism financing (C(2020)2800 final) (the “Action Plan”). The Action Plan is an initiative foreseen in the policy objective no 21 of the Commission Work Programme 2020 “Completing the Banking Union”.

2.

The Action Plan consist of six pillars, namely (1) ensuring the effective implementation of the existing EU framework for anti-money laundering and countering the financing of terrorism (“AML/CFT”), (2) establishing an EU single rule book on AML/CFT; (3) bringing about EU level AML/CFT supervision, (4) establishing a support and cooperation mechanism for FIUs, (5) enforcing Union-level criminal law provisions and information exchange and (6) strengthening the international dimension of the EU AML/CFT framework. To gather the views of citizens and stakeholders on these measures, on 7 May, the Commission launched a public consultation (1) in parallel with the adoption of the Action Plan until 29 July 2020.

3.

The Action Plan concretises the pillars into a number of specific measures, including various legislative proposals concerning the EU AML/CFT single rulebook, establishing an EU level AML/CFT supervisor and developing a support and coordination mechanism for Financial Intelligence Units (“FIUs”). This Opinion follows the six pillars’ structure and expresses the views of the EDPS on selected measures of the Action Plan, and in particular, on their potential interference with the right to privacy and to data protection of individuals as guaranteed by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. This Opinion is without prejudice to the obligation of the Commission to consult the EDPS, in accordance with Article 42 of Regulation 2018/1725, on any legislative proposals that may be proposed within the framework of the Action Plan where there is an impact on the protection of individuals’ right to the protection of personal data.

4.   CONCLUSIONS

In light of the above, the EDPS makes the following recommendations:

—	Invites the Commission, in the legislative works, to strike a balance between the measures that are necessary to effectively achieve the general interest goals on AML/CFT and their interference with the fundamental rights of privacy and personal data protection;

—	Recommends that the Commission monitors the implementation of the existing AML/CFT framework while ensuring the respect of the GDPR and the data protection framework;

—	Concerning the works on the interconnection of central bank account mechanisms and beneficial ownership registers, recommends that they comply, in particular, with the principles of data minimisation, accuracy and data protection-by-design and by default;

—	Suggests that the Commission keeps a risk based approach to the new AML/CFT measures of the reinforced rulebook, i.e. by applying less intrusive procedures to less risky situations, as this is also in line with the data protection principles;

—

Concerning Customer Due Diligence, recommends that safeguards are maintained in the proposed legislation to guarantee the right of customers to be informed when their data is collected, and about the purpose(s) for which data is required and will be processed, as well as to ensure compliance with the principles of data minimisation, purpose limitation and data protection-by-design, and the limits of the automated individual decision-making;

—

Recommends the Commission to provide in its forthcoming proposal to set up an EU-Level AML/CFT Supervisor for a legal basis for the processing of personal data as well as the necessary data protection safeguards in line with the GDPR and Regulation 2018/1725, particularly regarding the information sharing and international transfers of data;

—	Recommends the Commission to clarify in the proposal for the mechanism for support and coordination of FIUs, the conditions for access to and sharing of information on financial transactions by FIUs;

—	Supports the development of PPPs for the research and analysis of typologies and trends in AML/CFT, within the respect of the boundaries of the GDPR;

—	Encourages the Commission to integrate data protection principles, when setting up international standards at the Financial Action Task Force.

---

(1)  https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12176-Action-Plan-on-anti-money-laundering/public-consultation

Notice of initiation of an anti-dumping proceeding concerning imports of stainless steel cold-rolled flat products originating in India and Indonesia

(2020/C 322/06)

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 stainless steel cold-rolled flat products, originating in India and Indonesia are being dumped and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 17 August 2020 by the European Steel Association (‘EUROFER’) (‘the complainant’), on behalf of producers representing more than 25 % of the total Union production of stainless steel cold-rolled flat products.

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 flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) (‘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 India and Indonesia (‘the countries concerned’) currently classified under CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7219 90 20, 7219 90 80, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81, 7220 20 89, 7220 90 20 and 7220 90 80. The CN codes are given for information only.

—

India

The allegation of dumping from India 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. In addition, a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs – SG&A – and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union was provided by the complainant.

On this basis, the dumping margins calculated are significant for India.

—

Indonesia

The allegation of dumping from Indonesia 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. In addition, a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs – SG&A – and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union was provided by the complainant.

On that basis, the dumping margins calculated are significant for Indonesia.

4.   Allegation of injury/causation and raw material distortions

4.1.    Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the countries concerned have increased overall in absolute terms and 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 and on the level of prices charged as well as on the market share held by the Union industry, resulting in adverse effects on the financial situation of the Union industry.

4.2.    Allegation of raw material distortions

The complainant has provided sufficient evidence that there are raw material distortions in India and Indonesia regarding the product under investigation. Those distortions appear to result in prices that are lower than those quoted on international markets of the same products.

According to the evidence in the complaint, some raw materials that represent individually more than 17 % of the cost of production of the product under investigation are distorted because of export restrictions. India allegedly has export restrictions with regard to chromium in place such as, amongst others, export taxes, limitations to qualified exporters as well as a licensing requirement. Chromium accounts for more than 17 % of the cost of production of the product under investigation. Further restrictions are related to stainless steel scrap. Indonesia allegedly had in place a 10 % export duty on nickel ore with a nickel concentration below 1,7 %, combined with the obligation to fulfil stringent requirements (4), and an export prohibition on nickel ore with a nickel concentration of 1,7 % or higher. Since 1 January 2020 a complete export ban was reinstated. Nickel accounts for more than 17 % of the cost of production of the product under investigation.

Therefore, in accordance with Article 7(2a) of the basic Regulation, the investigation will examine the alleged distortions to assess whether, if relevant, a duty lower than the margin of dumping would be sufficient to remove injury. Should other distortions covered by Article 7(2a) of the basic Regulation be identified in the course of the investigation, the investigation may also cover these other distortions.

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or 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 against the Union interest under Article 21 of the basic Regulation. In case of application of Article 7(2a), the investigation will examine the Union’s interest test under Article 7(2b) of the basic Regulation.

Regulation (EU) 2018/825 of the European Parliament and of the Council (5), which entered into force on 8 June 2018 (TDI Modernisation package), introduced significant changes to the timetable and deadlines previously applicable in anti-dumping proceedings. The time limits for interested parties to come forward, in particular at the early stage of investigations, are shortened.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak, a Notice (6) was published on the potential consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations.

5.1.    Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 July 2019 to 30 June 2020 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2017 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 (7) of the product under investigation are invited to participate in the Commission investigation.

5.3.1.   Investigating exporting producers

(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 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/a1e2d71f-e846-cc24-13ea-119846ee1fef. Tron access information can be found in sections 5.6 and 5.8.

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 India and Indonesia and may contact any known associations of exporting producers.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of India and Indonesia and associations of exporting producers will be notified by the Commission, via the authorities of India and Indonesia 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://trade.ec.europa.eu/tdi/case_details.cfm?id=2484).

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(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 (8).

(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://trade.ec.europa.eu/tdi/case_details.cfm?id=2484).

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.   Investigating unrelated importers (9) (10)

Unrelated importers of the product under investigation from India and Indonesia 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 hereby 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 of the date of 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://trade.ec.europa.eu/tdi/case_details.cfm?id=2484).

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 view of the large number of Union producers concerned and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.

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

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

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

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2484).

5.5.    Procedure for the assessment of Union interest in case of allegations of raw material distortions

In cases of distortions on raw materials as identified in Article 7(2a) of the basic Regulation, the Commission will conduct a Union interest test as laid out in Article 7(2b) of that Regulation. If the Commission decides, when establishing the level of duties subject to Article 7 of that Regulation, to apply Article 7(2), it will carry out the Union-interest test in accordance with Article 21.

Interested parties are invited to provide all pertinent information enabling the Commission to determine whether it is in the Union interest to set the level of the measures in accordance with Article 7(2a) of the basic Regulation. In particular, interested parties are invited to provide any information about spare capacities in the countries concerned, competition for raw materials and the effect on supply chains for companies in the Union. In the absence of cooperation, the Commission may conclude that it is in accordance with the Union interest to apply Article 7(2a) of the basic Regulation.

Should the Commission decide to apply Article 7(2) of the basic Regulation, a decision will be reached, pursuant to Article 21, as to whether the adoption of 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 on the Union interest. In order to participate in the investigation, 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://trade.ec.europa.eu/tdi/case_details.cfm?id=2484). The information submitted 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 first have to 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 5.3.1, 5.3.2, 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.

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 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.

The timeframe for hearings is as follows:

i.	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 and the hearing will normally take place within 60 days of the date of publication of this Notice.

ii.

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, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

iii.

At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure, and 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, and the hearing will 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’ (11). 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 scanned powers of attorney and certification sheets. By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

For dumping aspects India:

TRADE-AD670-DUMPING-INDIA@ec.europa.eu

For dumping aspects Indonesia:

TRADE-AD670-DUMPING-INDONESIA@ec.europa.eu

For injury and Union interest aspects:

TRADE-AD670-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:

i.	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.

ii.

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.

iii.	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:

i.	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.

ii.

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.

iii.

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

Extensions to the 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 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. The interested party should immediately contact the Commission.

11.   Hearing Officer

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

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

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in section 5.7 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, 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.   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 (12).

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 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 in the Official Journal of the European Union.

(4)  With regard to ore with a nickel concentration < 1,7 %, export may only be conducted if the holder of mining business license for operation and production has utilized ore with this nickel concentration for at least 30 % of input capacity of its processing and refining facility and it has established or is establishing refining facility either solely or jointly with other parties.

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

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

(7)  An exporting producer is any company in the country 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.

(8)  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.

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

(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)  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).

(12)  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.9966 — EQT/Colisée)

(Text with EEA relevance)

Candidate case for simplified procedure

(2020/C 322/07)

This notification concerns the following undertakings:

—	EQT Fund Management S.à r.l. (‘EQT’, Luxembourg), as fund manager for and on behalf of the investment fund EQT Infrastructure V,

—	Financière Colisée S.A.S. (‘Colisée’, France), controlled by Indigo International S.à r.l, which is a holding company controlled by funds managed by IK Investment Partners.

EQT acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Colisée.

The concentration is accomplished by way of purchase of shares.

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

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

Case M.9966 — EQT/Colisée

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

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

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 366, 14.12.2013, p. 5.

Publication of an application for approval of amendments which are 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

(2020/C 322/08)

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 NON-MINOR AMENDMENTS TO THE PRODUCT SPECIFICATION FOR A PROTECTED DESIGNATION OF ORIGIN OR PROTECTED GEOGRAPHICAL INDICATION

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

‘Volaille de Bresse’/‘Poulet de Bresse’/‘Poularde de Bresse’/‘Chapon de Bresse’

EU No: PDO-FR-0145-AM03 - 6.12.2019

PDO (X) PGI ( )

1.   Applicant group and legitimate interest

Comité interprofessionnel de la volaille de Bresse (CIVB) [Interprofessional Committee of Bresse Poultry]

Registered address:

Bois de Chize

71500 Branges

FRANCE

Tel. +33 0385751007

Fax +33 0385752899

Email: civb@wanadoo.fr

The Comité intrprofessionnel de la volaille de Bresse brings together operators involved in selecting, hatching, rearing and slaughtering poultry covered by the ‘Vollaile de Bresse’ PDO and is therefore eligible to submit this application.

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 [to be specified]

4.   Type of amendment(s)

Amendments to the 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

Amendments to the product specification of a registered PDO or PGI for which a single document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

5.   Amendment(s)

5.1.   Heading ‘Description of product’

The wording:

is amended to:

This amendment allows poulards to be added to the types of poultry which may be sold ‘oven-ready’, and authorises cutting solely if the chicken pieces still have their skin on, which is a characteristic feature of ‘Volaille de Bresse’. The offal, head and feet must be removed.

Deep-freezing, which was previously permitted solely for ‘oven-ready’ chickens, is now also authorised for chicken pieces.

The proposed amendments would allow the sector to adapt to new consumer habits revealed by consumer surveys (WorldpanelKantar, 2017), while maintaining all the specific characteristics of ‘Volaille de Bresse’, in particular the description of the skin.

The wording:

‘The dead poultry must weigh at least:

—

[…] ;

—	1,8 kg gutted for poulards;

—

[…].’

is amended to:

‘The dead poultry must weigh at least:

—

[…] ;

—	1,8 kg gutted for poulards (or 1,5 kg if “oven-ready”)

—

[…].’

A minimum weight of 1,5 kg for ‘oven-ready’ poulards is indicated.

Point 3.2 of the single document has been amended to take account of these amendments.

Simplifications in the form of deletions are also proposed in the single document.

The text:

is replaced by:

Only the rearing periods have been removed from the section entitled ‘Description of the product’ of the single document. However, they remain unchanged in the specification, i.e. at least 108 days for chickens, at least 140 days for poulards and at least 224 days for capons. This allows the word count restrictions for the single document laid down by Article 6 of Regulation (EU) No 668/2014 to be met.

In line with the amendments to the specification authorising poultry to be sold ‘oven-ready’, the following text has been deleted from the single document:

It has been replaced by the following text:

These amendments allow the section entitled ‘Description of the product’ to be brought into line with the amended specification.

5.2.   Section entitled ‘Geographical area’

The wording:

is amended to:

Cutting is added to the stages which must take place in the geographical area. Point 3.5 of the single document has been amended to take account of this change.

The reference to the date of the current geographical code has been added in order to make the list precise and unambiguous.

The wording ‘Maps showing the geographical area can be viewed on the website of the National Institute of Origin and Quality’ has been inserted.

Moreover, as a result of changes to French rules on the boundaries and names of municipalities, some municipalities have been merged, changing their name in the process. Some cantons have changed shape. The list of municipalities has therefore been updated. The boundary of the geographical area has not changed, but the list must be amended as a result of amendments to the French rules. Point 4 of the single document has been amended to take account of this change.

5.3.   Section entitled ‘Proof of origin’

In part ‘4.2 Traceability’, the following provision has been inserted: ‘Cutting plants must record the following data:

—	the name of the slaughterhouse (if different form the cutting plant)

—	the consignment of poultry, indicating the name of the farmer and the date of slaughter.

—	the type of pieces cut,

—	the number of pieces,

—	the weight of poultry to be cut before cutting

—	the weight of the pieces after cutting.’

This text has been inserted into the specification in order to ensure traceability, including in cutting plants, so as to avoid risks of non-identification.

In part ‘4.3 Identification of poultry’, the following text has been inserted:

This provision ensures traceability for chicken pieces so as to avoid a break in the traceability chain in view of the fact that the tamper-proof identifier (the ring placed around the foot of the whole poultry bird) is not present. It specifies how chickens are to be identified when they are marketed as chicken pieces.

It is also inserted into the section 3.7 of the single document.

5.4.   Section entitled ‘Method of production’

In section ‘5.3 Rearing conditions of animals’:

The following text has been deleted from the specification:

This provision allowed the specification to be derogated from in the event of exceptional weather conditions. Following the amendment of the PDO Regulation (Regulation (EU) No 1151/2012) and its implementing and delegated regulations, this provision has been withdrawn from the specification because it is already covered by the general rules.

The following text:

‘Only the following are authorised in the poultry feed:

—	grains exclusively from the geographical area of the designation of origin and produced, if possible, on the holding,

—

[…].’

is replaced by:

‘Only the following are authorised in the poultry feed:

—	cereals, pure or combined with grain legumes, exclusively from the geographical area of the designation of origin and produced, if possible, on the holding,

—

[…].’

The following text: ‘The feed is thus composed essentially of resources found in the runs (grass, insects, small molluscs, etc.), to which the following cereals are added: maize, buckwheat, wheat, oats, triticale and barley, as well as milk and its by-products.’

is amended to:

The text:

is replaced by:

These amendments allow a mixture of cereals and grain legumes to be used as a complete or partial alternative to the use of corn gluten and the over-fertilisation of wheat crops. This enables ‘agro-ecological’ cultivation practices to be used as a possible alternative to the current methods of increasing the protein content of growth feed. Such combinations allow the treatments applied to crops (fertilisers, herbicides, insecticides, fungicides) to be directly limited and ensure a more balanced rotation of crops overall. Finally, this will increase the feed self-sufficiency of operators (reduced use of corn gluten) and enable the biological life of runs to be better preserved (reduction of pesticide residues in cereals).

Moreover, according to several written records, this practice appears to have been used several centuries ago.

Rye has also been added to the list of authorised cereals in the specification. This cereal was traditionally used by Bresse poultry farmers.

Point 3.4 of the single document has been amended to take account of these amendments through the deletion of the following text:

It is replaced by the following text:

An obvious error has also been corrected: ‘growth’ period, and not ‘start-up’ period, as is clear from the subsequent text of the single document (‘This growth period is following by a final fattening period [...]’).

The possibility of growing cereals in combination with pulses and then using them as poultry feed is also added to the single document in line with the amendments to the specification.

Owing to the correction of the obvious error and the addition of rye to the permitted cereals, section 3.4 of the single document has been revised to make it compliant with the word count restrictions for the single document laid down by Article 6 of Regulation (EU) No 668/2014.

The following provision has been deleted because, as an introductory sentence, it does not provide any information important for understanding the section since each of the phases is expanded on subsequently.

It is replaced by the following text:

The following text has been rewritten without, however, changing its meaning:

Amended provision:

The title of part

is replaced by the following:

The following text is inserted:

‘The cutting of “Poulet de Bresse”:

—	Hygiene and food-safety management aspects of cutting: — The interval between slaughtering and cutting must be less than 3 days — The previous batch must be completely removed from the line or cutting table before starting to cut a new batch.

—

Specific criteria on cutting: — Cutting must be carried out using manual tools. — The slaughtered poultry must be meaty and evenly fattened; the extremities may not have any fractures. — The appearance of cut pieces must comply with the presentation criteria of the PDO (depending on the piece concerned); their skin must be neat, without quills, tears, bruises or abnormal coloration’

The insertion of this provision ensures food safety and the maintenance of the organoleptic and visual quality of the product in the case of cutting before marketing; the conditions of cutting are thus laid down. In order to justify these points, the following provisions are inserted:

‘“Poulet de Bresse” is characterised by the fineness of its skeleton and skin and by a large amount of surface and intra-muscular fat. The carcasses are therefore particularly delicate and have to be handled carefully in order to avoid breaking the bones or skin, which must still be present on marketed chicken pieces, and oxidising the sub-cutaneous fat. For illustration purposes, the line speed at the slaughterhouse for this type of poultry is particularly slow, and the plucking stage must be completed manually in order to take account of this fragility of the skin and bones.

Slaughtering, the preparation of carcasses, cutting and packaging are vital to preserving the qualities of the “Poulet de Bresse” PDO.

It is therefore crucial that these operations be carried out by operators with the necessary know-how who have been trained specifically in cutting this particular poultry. This is so as to avoid running the risk of compromising the quality guarantee, resulting in a final product being placed on the market which does not comply with the organoleptic criteria.

Moreover, since the identification marks (ring and clip) are no longer present during cutting and packaging, ensuring that these operations take place in the geographical area, with a control system in place to check that this is the case, reduces the risk of traceability being broken, and thus the risk of fraud. Finally, ensuring that these operations take place in the geographical area enables the amount of handling and the duration of transport, both of which are potentially harmful to the quality of this particularly fragile final product, to be limited.

The result is that all cutting and packaging operations give rise to a product which is backed up by special rules and specific know-how. Consequently, the completion of these stages at appropriate facilities situated in the geographical area is fundamental to

—	maintaining the quality characteristics,

—	guaranteeing the authenticity of the product,

—	ensuring that one of the most widespread ways of selling the product on the market is thoroughly inspected.’

In part ‘5.5. Deep-freezing of chickens’:

The text:

is amended to:

This extends the conditions applicable to the deep-freezing of whole and oven-ready chickens to chicken cuts.

The term ‘date limite d’utilisation optimale’ (DLUO) [‘best-before’ date] has been deleted and replaced by the term ‘date de durabilité minimale’ (DDM) [date of minimum durability] in line with changes to the general rules in force. The duration in question remains the same (12 months).

5.5.   Heading ‘Link’

In accordance with the expectations of the European Commission, an introductory sentence has been added to the specification:

The additional text is mirrored in the single document.

In the product specification, the text:

is replaced by:

This amendment takes account of both the cereals and the grain legumes listed in the section on feed. This amendment is mirrored with identical wording in the single document.

Section 5 ‘Link with the geographical area’ in the single document is also amended as follows:

The following paragraphs have been deleted from the single document as they are deemed irrelevant to demonstrating the link between the specific characteristics of the product and the natural or human factors of the geographical environment:

The titles of the following sub-chapters have been deleted: 5.1. Specificity of the geographical area: — Human factors

— Natural factors 5.2. Specificity of the product: 5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI):

These deletions have been made because some of these details do not provide any additional information that is crucial to demonstrating the link or details concerning the chicken meat after cooking (which is not covered by the specification). These deletions enable the reader to focus on the basic and essential aspects of the link with the geographical origin in the single document.

5.6.   Section entitled ‘Labelling’

In Heading 8 of the product specification, the text: ‘The label features the European Union PDO logo.’ has been deleted because it has been redundant in relation to Regulation (EU) No 1151/2012 since 4 January 2016.

It has also been deleted from section 3.7 of the single document.

In section 8 of the product specification, the text: ‘In the case of chicken pieces, each sales unit must be identified individually in order to allow traceability up to the level of the breeder (an identification number issued by the group).’

This provision specifies how chickens are to be identified when they are marketed in pieces.

This amendment is mirrored in identical terms in the single document in section 3.7 ‘Rules concerning the labelling of the production to which the name refers’.

In the single document, the text:

is replaced by:

This simplification is proposed in order to comply with the word count restrictions for the single document laid down by Article 6 of Regulation (EU) No 668/2014.

For the same reason, the following text is deleted from the single document: ‘The ring and the clip may only be used once and they must be affixed carefully in order to render them tamper-proof’,

5.7.   Section entitled ‘Other’

-   Applicant group

The text concerning the composition of the applicant group, i.e.:

‘Composition : The “Comité interprofessionnel de la volaille de Bresse” is made up of operators involved with the “Volaille de Bresse” or “Poulet de Bresse”, “Poularde de Bresse”, or “Chapon de Bresse” designation of origin, i.e. selectors, hatchers, farmers, slaughterers and associated members, divided into six colleges:

—	the college of selectors;

—	the college of hatchers;

—	the college of farmers;

—	the college of farmers-slaughterers;

—	the college of slaughterers;

—	the college of associated members. ’

is amended to:

‘Composition : The “Comité interprofessionnel de la volaille de Bresse” is made up of operators involved with the “Volaille de Bresse” or “Poulet de Bresse”, “Poularde de Bresse”, or “Chapon de Bresse” designation of origin, i.e. selectors, hatchers, farmers, slaughterers, cutting plants and associated members, divided into six colleges:

—	the college of selectors;

—	the college of hatchers;

—	the college of farmers;

—	the college of farmers-slaughterers;

—	the college of slaughterers and cutting plants;

—	the college of associated members. ’

This amendment adds operators involved in cutting chickens into pieces to the applicant group.

-   National requirements

Two main points to be checked have been amended in line with national requirements following the amendments requested:

The following provision relating to checking the location of operators:

is amended to:

‘Location of operators:

Selection (buildings containing poultry pens), hatching (hatcheries), rearing, slaughtering and cutting structures in the geographical area of the designation’

The following provision relating to checking the location of operators:

—	Minimum rearing period for chickens:

the text:

‘for chickens:

—	≥ 10 days of final fattening

—	≥ 110 days of rearing’

is amended to:

‘for chickens:

—	≥ 10 days of final fattening

—	≥ 108 days of rearing’

This amendment is intended to correct an error involving an inconsistency between this part concerning the main checking points and the descriptive part, which states a minimum rearing period of 108 days.

Two main points to be checked have been added to the national requirements following the amendments requested:

—

Composition of the feed supplied from the 36th day: the following provision relating to checking is inserted: ‘Cereals and milk and its by-products in liquid or powder form’ has been amended as follows: ‘Cereals, which may be combined with grain legumes (authorised if more cereals are sown that grain legumes) and milk and its by-products in liquid or powder form’,

—

The following provision relating to the checking of cutting is inserted: ‘Only chickens may be cut into pieces. The slaughtered poultry must be meaty and evenly fattened; the extremities may not have any fractures. The appearance of cut pieces must comply with the presentation criteria of the PDO (depending on the piece concerned); their skin must be neat, without quills, tears, bruises or abnormal coloration’.

SINGLE DOCUMENT

‘Volaille de Bresse’/‘Poulet de Bresse’/‘Poularde de Bresse’/‘Chapon de Bresse’

EU No: PDO-FR-0145-AM03 - 6.12.2019

PDO (X) PGI ( )

1.   Name(s)

‘Volaille de Bresse’/‘Poulet de Bresse’/‘Poularde de Bresse’/‘Chapon de Bresse’

2.   Member State or third country

France

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.1 : Fresh Meat (and offal)

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

‘Volaille de Bresse’ / ‘Poulet de Bresse’ / ‘Poularde de Bresse’ / ‘Chapon de Bresse’ belong to the Gallus genus and to the gauloise or Bresse breed of the white variety. At adult age, the animals display unique external characteristics.

Poultry that has been rolled and trussed may be marketed either rolled or unrolled. They have an oblong shape. The wings and the feet are pressed against the body and no longer project outwards. The meat must be firm, hard and keep its shape well.

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

Only the following are authorised in the poultry feed:

—	cereals exclusively from the geographical area of the designation of origin,

—	plants, by-products and supplementary feed from non-transgenic products.

During the start-up period, which lasts for a maximum of 35 days, at least 50 % of the feed ration is made up of grains, to which may be added a supplement of plant materials, milk products, vitamins and minerals.

During the growth period, the poultry is reared on grassy runs. The feed is thus composed essentially of resources found in the runs (grasses, insects, small molluscs, etc.), to which milk and its by-products and the following cereals are added: maize, buckwheat, wheat, rye, oats, triticale and barley.

These cereals can be produced in association with grain legumes (vetch, peas, chickling vetch, field bean, lupine, lentil) if the proportion of cereals sown is in the majority. Maize makes up at least 40 % of the feed ration. Between the 36th and 84th day of rearing, the poultry may be provided with proteins, minerals and vitamins to supplement local resources.

The protein content of the daily feed ration is 15 % maximum.

The final fattening period lasts at least 10 days for chickens, 3 weeks for poulards and 4 weeks for capons. It takes place in coops in a dark, calm and well-ventilated room. The feed ration of the poultry is the same as during the growth period, though rice may be added.

To summarise, nearly 90 % of the feed of the poultry (runs and grains) comes from the geographical area.

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

The selection, breeding and hatching as well as the rearing, slaughter and cutting of the poultry take place in the geographical area.

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

The preparation of the poultry (final plucking and cleaning the collar of feathers), their packaging and, for chickens where applicable, their cutting and deep freezing, take place in the geographical area. The products are sold as follows:

—

‘gutted’;

—

‘rolled and trussed’. Rolling and trussing, which are mandatory for the capon, consist of presenting the poultry in a traditional manner, in a cloth of plant origin (linen, cotton or hemp) that is wrapped tightly and sewn by hand (at least 15-20 stitches, depending on whether the animal is a chicken, poulard or capon);

—	‘oven-ready’ only for chickens and poulards. The extremities of the poultry (with the exception of the phalanges) are retained;

—	‘cut’ and ’deep-frozen’ only for chickens.

The obligation to carry out these steps in the geographical area is justified considering the highly specific and traditional know-how involved.

The rolling and trussing of the poultry are the best example of this know-how. The technique is used especially for the year-end festivities. It enables the fats to seep more deeply into the muscles, which helps bring out the organoleptic characteristics of the products. Operators in the ‘Volaille de Bresse’ sector have maintained these practices in spite of the time and work necessary to present the products in this way. The ‘oven-ready’ and ‘deep-frozen’ presentations are also typical of the ‘Volaille de Bresse’ PDO in that the extremities are not amputated (except for the phalanges).

Furthermore, the very delicate skin of the poultry requires special attention, so that it is not torn during plucking, wrapping and packaging. Therefore, it is necessary as far as possible to limit any handling that might damage the skin (tears, bruises and abnormal coloration are reasons for downgrading poultry).

Finally, carrying out these operations in the geographical area is necessary because they are carried out at the same time as the PDO classification of the poultry. The poultry may be marketed with the PDO logo during this final classification step. The classification is evidenced by affixing the identification marks, in particular the clips (and the seals for poulards and capons), which are means of identifying the products guaranteeing their traceability.

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

When they are sold whole, ‘Volaille de Bresse’ / ‘Poulet de Bresse’ / ‘Poularde de Bresse’ / ‘Chapon de Bresse’ carry the farmer’s ring, the slaughterer’s clip, a specific label and, for poulards and capons, an identification seal.

The label is affixed to the back of the poultry that is presented gutted and to the breastbone of the poultry that is presented ‘oven-ready’ in connection with classifying the poultry as being covered by a designation of origin before dispatching.

The ring, a tamper-proof band, features the farmers contact details. The clip bears the word ‘Bresse’. In the case of slaughterhouses, the contact details of the slaughterer are included. If the poultry is slaughtered by the farmer on the farm, the clip bears the words ‘Abattage à la ferme’.

The identification seals of capons and poulards consist of a seal bearing the words ‘Poularde de Bresse roulée’ or ‘Poularde de Bresse’ or ‘Chapon de Bresse’ and the words ‘appellation d’origine contrôlée’ or ‘appellation d’origine protégée’.

The farmer attaches the ring to the left foot of the animal before dispatch from the farm. The clip is affixed to the base of the neck in connection with classifying the poultry as covered by a designation of origin before dispatching. The seals are affixed to the base of the neck and kept in place by the clip.

4.   Concise description of the geographical area

The geographical area of the designation of origin ‘Volaille de Bresse’ covers the following municipalities:

In the department of Ain:   Part of:   Abergement-Clémenciat (L'), Ceyzériat, Châtillon-sur-Chalaronne, Coligny, Courmangoux, Dompierre-sur-Chalaronne, Dompierre-sur-Veyle, Druillat, Jasseron, Meillonnas, Saint-Didier-sur-Chalaronne, Saint-Étienne-sur-Chalaronne, Saint-Martin-du-Mont, Salavre, Tossiat, Val-Revermont,Verjon.   All of:   Arbigny, Asnières-sur-Saône, Attignat, Bâgé-Dommartin, Bâgé-le-Châtel, Beaupont, Bény, Béréziat, Bey, Biziat, Boissey, Bourg-en-Bresse, Boz, Buellas, Certines, Chanoz-Châtenay, Chavannes-sur-Reyssouze, Chaveyriat, Chevroux, Condeissiat, Confrançon, Cormoranche-sur-Saône, Cormoz, Courtes, Cras-sur-Reyssouze, Crottet, Cruzilles-lès-Mépillat, Curciat-Dongalon, Curtafond, Domsure, Etrez, Feillens, Foissiat, Garnerans, Gorrevod, Grièges, Illiat, Jayat, Laiz, Lent, Lescheroux, Malafretaz, Mantenay-Montlin, Manziat, Marboz, Marsonnas, Mézériat, Montagnat, Montcet, Montracol, Montrevel-en-Bresse, Neuville-les-Dames, Ozan, Péronnas, Perrex, Pirajoux, Polliat, Pont-de-Vaux, Pont-de-Veyle, Replonges, Reyssouze, Saint-André-de-Bâgé, Saint-André-d'Huiriat, Saint-André-sur-Vieux-Jonc, Saint-Bénigne, Saint-Cyr-sur-Menthon, Saint-Denis-lès-Bourg, Saint-Didier-d'Aussiat, Saint-Étienne-du-Bois, Saint-Étienne-sur-Reyssouze, Saint-Genis-sur-Menthon, Saint-Jean-sur-Reyssouze, Saint-Jean-sur-Veyle, Saint-Julien-sur-Reyssouze, Saint-Julien-sur-Veyle, Saint-Just, Saint-Laurent-sur-Saône, Saint-Martin-le-Châtel, Saint-Nizier-le-Bouchoux, Saint-Rémy, Saint-Sulpice, Saint-Trivier-de-Courtes, Sermoyer, Servas, Servignat, Sulignat, Thoissey, Tranclière (La), Vandeins, Vernoux, Vescours, Vésines, Villemotier, Viriat, Vonnas.

In the department of Jura:   Part of:   Annoire, Asnans-Beauvoisin, Augéa, Balanod, Beaufort, Bois-de-Gand, Césancey, Chaînée-des-Coupis, Chassagne (La), Chaumergy, Chaussin, Chaux-en-Bresse (La), Cousance, Cuisia, Desnes, Digna, Essards-Taignevaux (Les), Foulenay, Francheville, Gevingey, Longwy-sur-le-Doubs, Maynal, Messia-sur-Sorne, Montmorot, Orbagna, Petit-Noir, Ruffey-sur-Seille, Rye, Saint-Amour, Saint-Jean-d'Etreux, Sainte-Agnès, Trois-Châteaux (Les), Val-Sonnette, Vincelles, Vincent- Froideville.   All of:   Bletterans, Chapelle-Voland, Chêne-Sec, Chilly-le-Vignoble, Commenailles, Condamine, Cosges, Courlans, Courlaoux, Fontainebrux, Frébuans, Hays (Les), Larnaud, Nance, Neublans-Abergement, Relans, Repôts (Les), Trenal, Villevieux.

In the department of Saône-et-Loire:   Part of:   Chalon-sur-Saône, Champagnat, Charette-Varennes, Cuiseaux, Fretterans, Joudes, Lays-sur-le-Doubs, Longepierre, Navilly, Tournus.   All of:   Abergement-de-Cuisery (L'), Abergement-Sainte-Colombe (L'), Allériot, Authumes, Bantanges, Baudrières, Beaurepaire-en-Bresse, Beauvernois, Bellevesvre, Bey, Bosjean, Bouhans, Branges, Brienne, Bruailles, Chapelle-Naude (La), Chapelle-Saint-Sauveur (La), Chapelle-Thècle (La), Châtenoy-en-Bresse, Chaux (La), Ciel, Condal, Cuisery, Damerey, Dampierre-en-Bresse, Devrouze, Diconne, Dommartin-lès-Cuiseaux, Epervans, Fay (Le), Flacey-en-Bresse, Frangy-en-Bresse, Frette (La), Frontenard, Frontenaud, Genête (La), Guerfand, Huilly-sur-Seille, Jouvençon, Juif, Lacrost, Lans, Lessard-en-Bresse, Loisy, Louhans, Ménetreuil, Mervans, Miroir (Le), Montagny-près-Louhans, Montcony, Montcoy, Montjay, Montpont-en-Bresse, Montret, Mouthier-en-Bresse, Ormes, Oslon, Ouroux-sur-Saône, Pierre-de-Bresse, Planois (Le), Pontoux, Préty, Racineuse (La), Rancy, Ratenelle, Ratte, Romenay, Sagy, Saillenard, Saint-André-en-Bresse, Saint-Bonnet-en-Bresse, Saint-Christophe-en-Bresse, Saint-Didier-en-Bresse, Saint-Étienne-en-Bresse, Saint-Germain-du-Bois, Saint-Germain-du-Plain, Saint-Marcel, Saint-Martin-du-Mont, Saint-Martin-en-Bresse, Saint-Maurice-en-Rivière, Saint-Usuge, Saint-Vincent-en-Bresse, Sainte-Croix, Savigny-en-Revermont, Savigny-sur-Seille, Sens-sur-Seille, Serley, Sermesse, Serrigny-en-Bresse, Simandre, Simard, Sornay, Tartre (Le), Thurey, Torpes, Toutenant, Tronchy, Truchère (La), Varennes-Saint-Sauveur, Verdun-sur-le-Doubs, Vérissey, Verjux, Villegaudin, Vincelles.

5.   Link with the geographical area

‘Volaille de Bresse’ / ‘Poulet de Bresse’ / ‘Poularde de Bresse’ / ‘Chapon de Bresse’ is poultry of a specific breed, i.e. the slow-growing gauloise or Bresse breed of the white variety, selected locally.

This rustic breed, perfectly adapted to the weather conditions of Bresse, enables the best use to be made of the grassy runs on which it is reared, where it must look for its own food, as a result of which it has well-developed muscles and fine bones.

Its low-protein but corn-rich feed supplement and the final fattening stage gives rise to the fat birds for which Bresse poultry is known.

The production area of the poultry is a slightly undulating plain where hedgerows predominate. It is composed of periglacial geological materials, which result in very clayey and impermeable soils. The climate is humid.

Maize, which appeared in Bresse at the beginning of the 17th century, has played a central role in the local farming system as feed for poultry. Traditional mixed farming based on grass and crop farming and on poultry and cattle farming became established over the centuries and continues to this day.

The local breed, recognised as the only breed entitled to the designation of origin, is very hardy and well adapted to the environment and the damp soils of Bresse.

Rearing practices are based on an ancestral feeding regime whereby poultry feed themselves in the grassed runs (on earthworms, grass, etc.) and receive supplements in the form of grains and milk products (diluted milk, skimmed milk, milk powder, buttermilk, etc.). The final fattening of the animals takes place in coops in a calm place protected from the light in order to avoid any agitation.

When they are trimmed in the Bresse manner, which is obligatory for capons, the feet and wings are pressed against the body. The poultry is then wrapped in a solid cloth of plant origin, which is then sewn tightly closed by hand using a fine string, starting from the centre and continuing towards the head and the rump. In this way the bird is fully wrapped, except for the upper third of the neck, which is left unplucked.

Once it has been unwrapped, the bird is of a characteristic cylindrical shape, with only the head and neck protruding.

The animals are characterised by the fineness of their skeleton and skin texture, which indicates good development potential of the meat and fat.

‘Volaille de Bresse’ is of the ‘volaille grasse’ type, i.e. it is longilineal and extremely fine, indicating good fattening potential. This poultry is easily distinguished from the ‘poulet de grain’ type, which is larger, leaner and has less pronounced anaemic characteristics.

The mixed farming practised in Bresse as a direct result of the natural environment, which is favourable in particular to the growing of grass and maize, crops that require abundant rainfall and soils with important water reserves, is the determining factor at the origin of poultry rearing in Bresse.

Maize, which is used to supplement other cereals, has special nutritional qualities that have enabled the production of rich poultry on which the reputation of Bresse poultry rests.

The producers have been able to preserve the purity of the breed and develop the poultry. Its hardiness has enabled it to live in this difficult environment, where it feeds partly on fauna found spontaneously in the area and partly on the substantial supplements from the geographical area (maize, milk) that are provided by the farmer during the growth and fattening of the animal.

In other words, the rearing is based on a strong tradition that combines a particularly protein-deficient feed regime, specific fattening methods and a high slaughter age, which allows the animals to reach complete physiological maturity.

Reference to publication of the specification

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

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-c299632c-5d77-4297-8f9a-2122d1b942ea

---

(1)  OJ L 343, 14.12.2012, p. 1.

Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU

Request made by a Contracting entity — Extension of the period for adoption of implementing acts

(2020/C 322/09)

On 1 March 2018 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The first working day following receipt of the request was 2 March 2018 and the initial period available to the Commission for deciding on this request was of 145 working days.

This request is made by Finavia Oyj and concerns activities relating to the provision of commercial services for flight passengers at Helsinki airport, in Finland. The relevant notices were published on page 21 of OJ C 114 of 28 March 2018, page 9 of OJ C 359 of 5 October 2018, on page 3 of OJ C 211 of 25 June 2020 and on page 23 of OJ C 243 of 23 July 2020. The prolonged deadline was 30 September 2020.

Pursuant to the fourth subparagraph of paragraph 1 to Annex IV to Directive 2014/25/EU, the deadline may be extended by the Commission with the agreement of those having made the request for exemption concerned. Given the current context of the Covid 19 sanitary crisis, at Finavia Oyj’s request and with the Commission’s agreement, the period available to the Commission for deciding on this request is hereby suspended until 31 December 2021. This is without prejudice to the possibility of further suspensions or extensions of the deadline.

---

(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(This publication replaces the text published in OJ C 203, 17.6.2020, p. 7)

(2020/C 322/10)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within 3 months from the date of this publication.

SINGLE DOCUMENT

‘Λουκανικο Πιτσιλιασ’ / ‘Loukaniko Pitsilias’

EU No: PGI-CY-02369 – 15.9.2017

PDO ( ) PGI (X)

1.   Name(s)

‘ΛΟΥΚΆΝΙΚΟ ΠΙΤΣΙΛΙΆΣ’ / ‘LOUKANIKO PITSILIAS’

2.   Applicant country(ies)

Cyprus

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2. Meat products (cooked, salted, smoked, etc.)

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

The name ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ is used for an aged, smoked meat product marinated in wine, which is produced without the addition of any preservatives (e.g. nitrates, nitrites, polyphosphates), flavour enhancers or any other additives. The raw materials used to prepare it also do not contain any additives or preservatives (e.g. nitrates or nitrites).

The raw materials used in its preparation are:

—	fresh pork mince from healthy animals that have been slaughtered in accordance with the law (completely bled and immediately refrigerated). Upon receipt, checks are carried out on the colour (characteristic light red), the smell (good) and the internal temperature (between 0 °C and 4 °C);

—	pork casing which has already been cleaned and cured with salt at a temperature below 4 °C. Upon receipt, checks are carried out on its purity and smell (good);

—

dry red wine from vineyards that grow vines of the local Mavro variety and possibly also of the Maratheftiko variety. Upon receipt of the wine, checks are carried out on the aroma (characteristic of the variety), the alcohol content (between 12 % and 15 %) and the sugar content (less than 4 g/litre);

—	coarse (sea) salt;

—	crushed coriander (Coriandrum sativum), ground cumin (Cuminum cyminum) and ground black pepper (Piper nigrum).

‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ has the following characteristics:

Physical characteristics

The product is presented for consumption as a series of paired ‘links’, or as individual sausages.

Each individual sausage is long, narrow and cylindrical in shape.

Diameter of individual sausage: 2-4 cm;

Length of individual sausage: 5-40 cm.

Organoleptic characteristics

Colour: dark greyish brown to black on the outside and pale purple on the inside with distinct white areas of fat at intervals.

Aroma: aroma of smoke, red wine, coriander (Coriandrum sativum) and cumin (Cuminum cyminum).

Taste: lightly salted with distinctive flavours of red wine, smoke, coriander, cumin and black pepper (Piper nigrum).

Texture: cohesive in texture; when cut, each slice remains cohesive without the minced meat mixture being dispersed.

Chemical characteristics

Water content: 40 %-60 %;

Sodium chloride: 1,5 %-3 %;

Maximum fat percentage: 35 %.

‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ may be sold packaged or loose, whole or sliced.

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

The dry red wine used in the preparation of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ is produced in the defined geographical area from vineyards growing vines of the predominant local Mavro variety. These vineyards are located in the area of Pitsilia, where wines with a Controlled Designation of Origin are produced. The vineyards may also grow vines of the Maratheftiko (Vamvakada) variety.

The Pitsilia area is characterised by special soil morphology and quality, with characteristics beneficial to the cultivation of grapes for wine making, such as high altitude, barren and sloping soils, eroded volcanic rocks and the absence of rainfall while the grapes ripen. All of these climatic and morphological peculiarities give the wine produced in the Pitsilia area special organoleptic and quality characteristics which are transferred to the product and influence its organoleptic character, since immersion in wine is an important part of the preservation process.

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

The different steps in the preparation of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ which must take place within the defined geographical area are: dry salting the mince and soaking it in wine for at least 3 days, addition of spices, filling the mixture into pork casing, tying the casings at intervals to form a series of ‘links’ of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’, smoking for 2 to 5 days and keeping the sausage in the ripening room (as necessary) to give it the water content desired by the producer (section 3.2).

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

–

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

In whatever form the product is presented (packaged or loose, whole or sliced), it must bear appropriate labelling stating the registered name and the details of the plant where it was produced and/or sliced and packaged (if slicing and packaging do not take place in the production plant).

4.   Concise definition of the geographical area

The defined geographical area, Pitsilia, is known for being mountainous. It comprises areas with an altitude of 700 metres or more within the administrative boundaries of the following localities:

Nicosia District: Agia Eirini, Alithinou, Alona, Apliki, Askas, Gourri, Kannavia, Kourdali, Lagoudera, Lazanias, Livadia (Nicosia), Palechori, Platanistasa, Polystypos, Saranti, Spilia, Farmakas, Fikardou, Fterikoudi and Kambi;

Larnaca District: Odou;

Limassol District: Agios Theodoros, Agios Ioannis, Agios Konstantinos, Agios Pavlos, Agridia, Agros, Kato Amiantos, Pano Amiantos, Dymes, Zoopigi, Kato Mylos, Kyperounta, Pelendri, Potamitissa, Sykopetra and Chandria.

5.   Link with the geographical area

The application to register the ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ PGI is based on the product’s physical, chemical and organoleptic characteristics, which are developed and preserved as a result of a production process which does not require the use of any additives or other auxiliary substances.

The characteristics of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ are a result of the producers’ know-how, in particular the following:

It is up to each producer to select the meat. Producers use minced meat from different parts of the pig (other than vital organs) with a different fat content. This enables producers to add or remove fat. Producers draw on their experience to complete this process so as to ensure that the fat percentage in the ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ does not exceed 35 %, as this would make the product softer in texture than desired.

The minced meat is salted as the producers deem appropriate, based on their experience, and mixed at intervals in order to achieve both a uniform distribution of salt in the minced meat and the desired saltiness of the final product.

Salting and immersion in wine take place at the same time. The salted minced meat remains in the wine for at least 3 days, and it is mixed regularly to ensure that the wine’s characteristic taste, aroma and colour are consistent in the mince mixture.

The characteristic intense wine flavour and aroma and the characteristic colour of the inside of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ are influenced by the choice of the appropriate wine, in terms of aroma and chemical properties, and by the length of time the mince is immersed and soaked in the wine. The wine should be red and dry, from vineyards growing vines of the local Mavro variety that is predominant in the area (accounting for around 80 % of the total area planted with vines), possibly together with vines of the red Maratheftiko variety.

In a similar way to the salt and wine, spices are also added to the mixture.

The processes of salting, soaking in wine, adding spices and mixing the preparation are important stages of the production process in order to ensure that the sausages are prepared from the same mixture of minced meat and have the same quality characteristics.

Once the mixture has acquired what the producer deems to be the desired characteristics, it is fed into a natural pork casing. The casing is sealed at the ends and tied in a knot at intervals to form a series of ‘links’ of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’. An important element of producers’ know-how, when filling and tying the casings, is the creation of small holes that will prevent excess moisture from being locked in. If this were to happen, the final product would be very uneven and would have pockets of air.

Another important element of the producers’ know-how is smoking, as it determines the flavour, aroma, texture and colour of the final product. Smoking is also the stage of the production process that determines the colour of the outside of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ sausages, as the colour grows darker at the end of mild, gradual and cold smoking. The intensity of the fire, the duration of smoking, the distance of the sausage from the fire itself and how regularly the position of the sausage in the smoke house is changed are decided on the basis of the producers’ experience, resulting in a final product which is smoky without altering the flavour and aroma obtained at the stage where it is soaked in the wine and spices. The intensity of the fire varies depending on the climatic conditions to ensure that the flavour and texture of the product are not affected. If the fire is too intense during smoking, the texture of the final product will be crunchier and the outer colour darker, which are not desirable characteristics.

Smoking and the time spent in the ripening room (where required) are the processes which give the product the desired moisture levels and the characteristic firmer texture when consumed, as opposed to similar products which are not smoked or aged.

The climate of the Pitsilia area, which is characterised by cool dry summers and mild winters, combined with the sloping, relatively infertile land, helped to develop the process of producing and preserving processed meat products under ambient room conditions, which made it possible to have meat available to the family throughout the year. Expertise in producing these products has remained unchanged and has been handed down from generation to generation; this know-how is still used today by producers in the Pitsilia area in their modern facilities.

The soil and climate of the Pitsilia area have also contributed to a lesser volume of grapes being produced there than in other areas, with juice that is richer in polyphenols. Along with other production know-how, the producers of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’ also inherited the excellent black wine referred to by N. Ierides (1903: Brief History of Cyprus); this further strengthens the link between the product and the area, giving it the intense aroma and taste characteristic of the local Mavro wine.

The characteristics of ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’, which are the result of the producers’ know-how and the use of the area’s wine, are what earned it a reputation, together with Pafítiko Loukaniko, as the best Cypriot sausages, according to P. Xioutas, 1978: Kypriaki Laografia ton Zóon (Animals in Cypriot Folklore).

Pitsilia’s processed meat products, including ‘Λουκάνικο Πιτσιλιάς’ / ‘Loukaniko Pitsilias’, are inextricably linked to this particular area, so that any publications and/or websites with information on tourism and/or gastronomy make specific reference to them (Ministry of Agriculture, Natural Resources and Environment, 2011: Gastronomikos Chartis tis Kyprou (Culinary Map of Cyprus), and Florentia Kithraiotou, 2009: Trofi: aformi schesis (Food: a basis for a relationship).

Publication reference of the specification

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

http://www.moa.gov.cy/moa/da/da.nsf/All/FE9A90EB4A75497BC22583A9003E9C46?OpenDocument

---

(1)  OJ L 343, 14.12.2012, p. 1.

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(This publication replaces the text published in OJ C 200, 15.6.2020, p. 15)

(2020/C 322/11)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within 3 months from the date of this publication.

SINGLE DOCUMENT

‘Λούντζα Πιτσιλιάσ’/‘Lountza Pitsilias’

EU No: PGI-CY-02367 - 15.9.2017

PDO ( ) PGI (X)

1.   Name(s)

‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’

2.   Applicant country(ies)

Cyprus

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.2. Meat products (cooked, salted, smoked, etc.)

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

‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ is an aged, dry, salted and smoked meat product marinated in wine; it is prepared from pork fillet. It is produced without the addition of any preservatives (e.g. nitrates, nitrites, polyphosphates), flavour enhancers or any other additives. The raw materials used to prepare ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ also do not contain any additives or preservatives (e.g. nitrates, nitrites).

The following are used in the preparation of this product:

—

fresh pork fillet (each animal has two fillets on the back, one on each side of the spinal column), from healthy animals that have been slaughtered in accordance with the law (completely bled and immediately refrigerated). Upon receipt, checks are carried out on the colour (characteristic light red), the smell (good), the internal temperature (between 0 °C and 7 °C) and the pH (between 5,3 and 6);

—

dry red wine from vineyards that grow vines of the local Mavro variety and possibly also of the Maratheftiko variety. Upon receipt of the wine, checks are carried out on the aroma (characteristic of the variety), the alcohol content (between 12 % and 15 %) and the sugar content (less than 4 g/litre);

—	coarse (sea) salt;

—	crushed coriander (Coriandrum sativum) and, optionally, ground cumin (Cuminum cyminum) and/or ground black pepper (Piper nigrum).

The characteristics of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ are as follows:

Physical characteristics

Shape: long, narrow and cylindrical with a slightly elliptical cross-section tapering towards the ends.

Weight: 0,8-2,5 kg.

Organoleptic characteristics

Colour: dark red to black in colour on the outside and light red to purple on the inside.

Aroma: red wine, coriander (and/or cumin) and smoke.

Taste: slightly salty and smoky, strengthened by the flavour of the wine, the coriander and/or cumin and the black pepper (where the last two are added) which are used in its preparation.

Texture: compact, cohesive, with no lines separating the muscle fibres, slightly firm to chew.

Chemical characteristics

Water content: 40 %-60 %;

Sodium chloride: 3-7 %.

‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ is presented for consumption whole or sliced and may be sold packaged or loose.

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

The dry red wine used in the preparation of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ is produced in the defined geographical area from vineyards growing vines of the predominant local Mavro variety. The vineyards are located in the area of Pitsilia (wines with Controlled Designation of Origin) and may also grow vines of the Maratheftiko (Vamvakada) variety.

The Pitsilia area is characterised by special soil morphology and quality, with characteristics beneficial to the cultivation of grapes for wine making, such as high altitude, barren and sloping soils, eroded volcanic rocks and the absence of rainfall while the grapes ripen. All of these climatic and morphological peculiarities give the wine produced in the Pitsilia area special organoleptic and quality characteristics which are transferred to the ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ and influence its organoleptic character, since immersion in wine is an important part of the preservation process.

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

The steps in the preparation of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ that must take place in the defined geographical region are: dry salting for at least 24 hours, immersion and soaking in wine for 7-10 days, addition of spices, smoking for 1-2 weeks and keeping the product in the ripening room (as necessary) to give it the desired moisture content.

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

–

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

In whatever form the product is presented (packaged or loose, whole or sliced), it must bear appropriate labelling stating the registered name and the details of the plant where it was produced and/or sliced and packaged (if slicing and packaging do not take place in the production plant).

4.   Concise definition of the geographical area

The defined geographical area, Pitsilia, is known for being mountainous. It comprises areas with an altitude of 700 metres or more within the administrative boundaries of the following localities:

Nicosia District: Agia Eirini, Alithinou, Alona, Apliki, Askas, Gourri, Kannavia, Kourdali, Lagoudera, Lazanias, Livadia (Nicosia), Palechori, Platanistasa, Polystypos, Saranti, Spilia, Farmakas, Fikardou, Fterikoudi and Kambi;

Larnaca District: Odou;

Limassol District: Agios Theodoros, Agios Ioannis, Agios Konstantinos, Agios Pavlos, Agridia, Agros, Kato Amiantos, Pano Amiantos, Dymes, Zoopigi, Kato Mylos, Kyperounta, Pelendri, Potamitissa, Sykopetra and Chandria.

5.   Link with the geographical area

The application to register the name ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ is based on the product’s physical, chemical and organoleptic characteristics, which are developed and preserved as a result of a production process which does not require the use of any additives or other auxiliary substances.

The characteristics of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ are a result of its producers’ know-how, in particular the following:

The length of time the fillet remains in the salt and the quantity of salt used vary slightly depending on its size. Larger-sized lountza is left for longer and requires slightly more salt to achieve the desired degree of absorption right to the centre of the fillet and the desired taste of the final product.

The characteristic intense wine flavour and aroma and the characteristic colour of the inside of the ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ are influenced by the choice of the appropriate dry red wine (in terms of aroma and chemical properties) from vineyards growing vines of the predominant local Mavro variety (accounting for around 80 % of the total area planted with vines), possibly together with vines of the red Maratheftiko variety, and by the length of time the fillet is soaked in the wine.

The quantity of spices added, which, as with salt, is determined by the size of the fillet, is based on the producers’ experience. The addition of an appropriate quantity of spices will determine the flavour and aroma of the product.

The smoking stage is important as it influences the flavour, aroma, texture and colour of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’. The smoking process is mild, gradual and cold. The intensity of the fire, the duration of smoking, the distance of the pork fillet from the fire itself and how regularly the position of the pork fillets in the smoke house is changed are decided on the basis of the producers’ experience, taking into account the size of the fillet and the climatic conditions. During the summer months, when the temperature is higher and humidity levels are lower, the fire should be less intense and the duration of smoking shorter. At the end of the smoking stage the product will have acquired a characteristic smoky aroma and flavour in addition to the aroma and flavour derived from the wine, coriander and other spices (which may have been added), and this is what differentiates the product from similar products which are not smoked.

The smoking process, together with the time spent in the ripening room (where required), determine the water content and texture of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’. It is very important that smoking is mild so that the texture of the product when sliced is compact and cohesive rather than soft and loose. The smoking process and the time spent in the ripening room (where required) also act in conjunction with the wine to produce the desired internal colour of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’. At the end of the process the product should have a consistent light red to purple colour on the inside.

The climate of the Pitsilia area, which is characterised by cool dry summers and mild winters, combined with the sloping, relatively infertile land, helped to develop the process of producing and preserving processed meat products under ambient room conditions, which made it possible to have meat available to the family throughout the year without having to store it in fat (as in other areas). Expertise in producing these products has remained unchanged and has been handed down from generation to generation; this know-how is still used today by producers in the Pitsilia area in their modern facilities.

The soil and climate of the Pitsilia area have also contributed to a lesser volume of grapes being produced there than in other areas, with juice that is richer in polyphenols. Along with other production know-how, the producers of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ also inherited the excellent black wine referred to by N. Ierides (1903: Brief History of Cyprus); this further strengthens the link between the product and the area, giving it the intense aroma and taste characteristic of the local Mavro wine.

The characteristics of ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’, which are the result of the producers’ know-how and the use of the area’s wine, are what earned it a reputation as a ‘sumptuous snack’, according to P. Xioutas, 1978: Kypriaki Laografia ton Zóon (Animals in Cypriot Folklore). In the same publication, ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’ is referred to as ‘extremely tasty’. Indeed, the Cypriot chef Andreas Mavrommatis, who has been awarded a Michelin star, said in an interview that Pitsilia produces the best lountza in Cyprus.

Pitsilia’s processed meat products, including ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’, are inextricably linked to that area, so that any publications and/or websites with tourist information make specific reference to them. Particular mention is made of processed meat products from the Pitsilia area, including of course ‘Λούντζα Πιτσιλιάς’/‘Lountza Pitsilias’, also in publications related to the gastronomy of Cyprus, for example the Ministry of Agriculture, Natural Resources and Environment, 2011: Gastronomikos Chartis tis Kyprou (Culinary Map of Cyprus), and Florentia Kithraiotou, 2009: Trofi: aformi schesis (Food: a basis for a relationship).

Publication reference of the specification

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

http://www.moa.gov.cy/moa/da/da.nsf/All/FE9A90EB4A75497BC22583A9003E9C46?OpenDocument

---

(1)  OJ L 343, 14.12.2012, p. 1.