Non-opposition to a notified concentration

(Case COMP/M.6593 — Audi/Ducati Motor Holding)

(Text with EEA relevance)

2012/C 197/01

On 28 June 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2012/C 197/02

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

Euro exchange rates (1)

4 July 2012

2012/C 197/03

1 euro =

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

COMMISSION IMPLEMENTING DECISION

of 4 July 2012

concerning the financing for the year 2012 of activities in the veterinary field related to the European Union's information policy and support of international organisations, to several measures necessary to ensure the application of Regulation (EC) No 882/2004 and towards a pilot project on a coordinated European Animal Welfare Network

2012/C 197/04

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter referred to as the ‘Financial Regulation’), and in particular Articles 49(6)a and 75 thereof,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (2), and in particular Articles 20, 23 and 27 thereof,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3) and in particular, Article 66(1)(c) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

TITLE I

Work programme implementing Council Decision 2009/470/EC

Article 1

The annual work programme for the implementation of Articles 20, 23 and 27 of Council Decision 2009/470/EC, as set out in Annex I, is hereby adopted.

Article 2

The maximum contribution authorised by this Title for the implementation of the programme is set at EUR 3 254 600 to be financed from budget line 17 04 02 01 of the General Budget of the European Union for 2012.

Article 3

The budget implementation of tasks related to point 2 in the Annex I may be entrusted to the following international organisation, which applies standards which offer guarantees equivalent to internationally accepted standards in its accounting, audit, internal control and procurement procedures: World Organisation for Animal Health (OIE).

TITLE II

Work programme implementing Council Regulation (EC) No 882/2004

Article 4

The annual work programme for the implementation of Article 66(1)(c), as set out in the Annex II, is hereby adopted.

Article 5

The maximum contribution authorised by this Title for the implementation of the programme is set at EUR 277 650 to be financed from budget line 17 04 07 01 of the General Budget of the European Union for 2012.

TITLE III

Pilot project on a coordinated European Animal Welfare Network

Article 6

The pilot project, as set out in the Annex III is hereby adopted.

Article 7

The maximum contribution authorised by this Title for the implementation of the pilot project is set at EUR 1 000 000 to be financed from budget line 17 04 01 02 of the General Budget of the European Union for 2012.

TITLE IV

General provisions

Article 8

The work programmes mentioned in Titles I, II and III constitute financing decisions in the meaning of Article 75 of the Financial Regulation.

Article 9

1.   The authorising officer may adopt any changes to each Title which are not considered substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, in accordance with the principles of sound financial management and of proportionality.

2.   Cumulative changes of the allocations to the actions within each work programme not exceeding 10 % of the maximum contribution provided for in Articles 2, 5 and 7 of this Decision shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that they do not significantly affect the nature and objective of the work programmes.

Article 10

The appropriations mentioned in Articles 2, 5 and 7 may also cover interest due for late payment.

Article 11

This Decision is addressed to the authorising officers by delegation.

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 155, 18.6.2009, p. 30.

(3)  OJ L 165, 30.4.2004, p. 1; as corrected by OJ L 191, 28.5.2004, p. 1.

(4)  OJ L 357, 31.12.2002, p. 1.

(5)  OJ C 83, 30.3.2010, p. 47.

(6)  OJ L 303, 18.11.2009, p. 1.

(7)  COM(2012) 6 final.

Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a decision of the European Parliament and of the Council on serious cross-border threats to health

(The full text of this Opinion can be found in EN, FR and DE on the EDPS website http://www.edps.europa.eu)

2012/C 197/05

I.   Introduction

II.   Conclusion

(Abridged version. The full text of this Opinion can be found in EN, FR and DE on the EDPS website http://www.edps.europa.eu)

(1)  OJ L 268, 3.10.1998, p. 1.

(2)  OJ L 21, 26.1.2000, p. 32.

(3)  The ECDC is established by Regulation (EC) No 851/2004 (OJ L 142, 30.4.2004, p. 1).

(4)  Available on the EDPS website: http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Supervision/Priorchecks/Opinions/2010/10-04-26_EWRS_EN.pdf

(5)  OJ L 36, 9.2.2012, p. 31.

(6)  Article 6(5)(a) of the Proposal.

(7)  Article 8(2) of the Proposal.

(8)  Article 18(6) of the Proposal.

Information communicated by Member States regarding closure of fisheries

2012/C 197/06

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

(1)  OJ L 343, 22.12.2009, p. 1.

Invitation to submit comments pursuant to Article 1(2) in Part I of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice on State aid issues concerning potential aid to AS Oslo Sporveier and AS Sporveisbussene in Norway

2012/C 197/07

By means of Decision No 123/12/COL of 28 March 2012, reproduced in the authentic language on the pages following this summary, the EFTA Surveillance Authority initiated proceedings pursuant to Article 1(2) in Part I of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice. The Norwegian authorities have been informed by means of a copy of the decision.

By means of this notice the EFTA Surveillance Authority gives the EFTA States, EU Member States and interested parties notice to submit their comments on the measure in question within one month of the date of publication to:

The comments will be communicated to the Norwegian authorities. The identity of the interested party submitting the comments may be withheld following a request in writing stating the reasons for the request.

SUMMARY

Background

In Norway, the local bus transport sector is regulated by the Commercial Transport Act of 2002 (the ‘CTA’) and the Commercial Transport Regulation of 2003 (the ‘CTR’). Both the CTA and the CTR repealed preceding legislation that was in substance similar. This legislative framework provides inter alia for a system of concessions that are necessary for undertakings to be eligible for being entrusted with the discharging of public bus services, and confers on counties, such as Oslo Municipality, the responsibility for compensating undertakings that operate unprofitable routes. Such compensation can be granted to cover the difference between the revenue generated from the sale of tickets and the cost of operating the service.

In Oslo, since before the entry into force of the EEA Agreement, annual compensation was granted to the concessionaires for unprofitable routes in line with the city’s budget procedure. Compensation was paid by means of an annual lump sum, which was based on costs incurred in the preceding years, taking into account a variety of correction factors. Since 2008, all contracts for scheduled bus services have been awarded to undertakings following a public tender. Since then no compensation as described above has been granted to AS Oslo Sporveier for scheduled bus services.

AS Oslo Sporveier and later its subsidiary, AS Sporveisbussene, were entrusted with the provision of scheduled bus services in Oslo in accordance with the provisions briefly described above since long before the entry into force of the EEA Agreement until the 2008.

AS Oslo Sporveier has undergone many reorganisations since 1994. For example, the operation of all bus services, including commercial tour bus services in addition to the scheduled bus services in Oslo, was outsourced to its subsidiary AS Sporveisbussene in 1997. As a result, AS Oslo Sporveier and AS Sporveisbussene entered into a so-called Transport Agreement so that AS Sporveisbussene could become the effective recipient of the annual compensation. Under the Transport Agreement compensation for the scheduled bus service was paid in accordance with the provisions described above. The Norwegian authorities maintain that throughout the entire period under investigation — 1994 to 2008 — separate accounts were kept for commercial and public service activities in the Oslo Sporveier group, and that the commercial activities were always charged market prices for services they received from public service activities.

In 2004, Oslo Municipality — then a 98,8 % shareholder of AS Oslo Sporveier — injected NOK 111 760 000 of capital to cover the underfunding of AS Sporveisbussene’s pension funds. The underfunding had accrued in the period prior to 1997, and related to pension liabilities of employees both in the public service as well as in the tour bus division of AS Oslo Sporveier. AS Oslo Sporveier was obliged to remedy the underfunding. The capital injection was chosen by Oslo Municipality, in its capacity as owner, as the least expensive means to do so.

Assessment of the measure

The presence of State aid

The Authority considers that both the capital injection and the annual compensation payments entail State aid.

As for capital injection to cover the underfunding of the pension accounts of the commercial activity, the Authority is currently unable to exclude that it confers an economic advantage on AS Oslo Sporveier, as no information has been submitted demonstrating that it had been granted in line with the market economy investor principle.

Moreover, it is the preliminary view of the Authority that both the annual compensation as well as the capital injection to cover the underfunding relating to public service pension accounts (which linked to cost that could also form the basis for the annual compensation) have not been determined through a public procurement procedure and are not similar to the cost that an undertaking, well run and adequately equipped, would have incurred. Thus the fourth criterion of the Altmark case law is not met and therefore both measures constitute State aid within the meaning of Article 61(1) of the EEA Agreement.

The nature of the aid

The Authority is at this stage not able to conclude whether the aid was granted under an existing aid scheme, which would based on the CTA and the CTR as applied in Oslo since before the entry into force of the EEA Agreement. It should be noted that no further aid was granted in accordance with the above provisions since 2008. Assuming that an existing aid scheme has been in place since 1994, the Authority is currently unable to determine the exact delineation of the scheme, and whether all aid awarded was based on that scheme. Moreover, it is not capable of excluding that the measures entail, at least to some minor extent, in particular as regards the covering of pension liabilities relating to the commercial activities, illegal and incompatible State aid.

Compatibility of the aid

At this stage it would appear to the Authority that the payments made until the directly awarded concession had run its course in 2008, and the 2004 capital injection to offset the underfunding of the pension fund could at least in large parts be compatible public service compensation under Article 49 of the EEA. The compatibility assessment in the final decision would thus focus in particular on whether there has been overcompensation. Moreover, the aid could, at least in part, be compatible under Article 61(3)(c).

Conclusion

In light of the above considerations, the Authority decided to open the formal investigation procedure in accordance with Article 1(2) of the EEA Agreement. Interested parties are invited to submit their comments within one month from publication of this notice in the Official Journal of the European Union.

NOTICE OF OPEN COMPETITIONS

2012/C 197/08

The European Personnel Selection Office (EPSO) is organising the following open competitions:

CONFERENCE INTERPRETERS

The competition notices are published in Official Journal C 197 A of 5 July 2012 in Danish, German, English and Slovak only.

Further details can be found on the EPSO website: http://www.eu-careers.info

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2012/C 197/09

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘AGNELLO DEL CENTRO ITALIA’

EC No: IT-PGI-0005-0808-18.05.2010

PGI ( X ) PDO ( )

1.   Name:

‘Agnello del Centro Italia’

2.   Member State or third Country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

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

‘Agnello del Centro Italia’ meat is obtained from slaughtered lambs which are less than 12 months old and from the following local breeds and cross-breeds: Appenninica, Bergamasca, Biellese, Fabrianese, Merinizzata Italiana, Pomarancina, Sopravissana, Zerasca; Comisana, Cornella Bianca, Cornigliese (Corniglio), Garfagnina Bianca, Gentile di Puglia, Massese, Pagliarola, Pecora delle Langhe. There are three types of carcasses, with the following characteristics: the ‘light’ lamb, weighing between 8,01 and 13,0 kg, whose degree of fat cover falls under classes 1, 2 and 3 as defined in the ‘Community scale for the classification of carcasses of light lambs’; the ‘heavy’ lamb, weighing 13,01 kg or more, whose conformation falls under classes U, R and O and whose degree of fat cover falls under classes 2, 3 and 4 as defined in the ‘Community scale for the classification of carcasses of ovine animals’; the ‘castrated’ lamb, weighing 20,0 kg or more, whose conformation falls under classes E, U and R and whose degree of fat cover falls under classes 2, 3 and 4 as defined in the ‘Community scale for the classification of carcasses of ovine animals’.

The meat's pH is measured on the Longissimus toraci muscle and has a value between 6,15 and 6,80 if measured once all the slaughter procedures are completed and before the refrigeration of the carcasses; the value is between 5,15 and 5,80 if measured between 24 and 30 hours following the slaughter.

3.3.   Raw materials (for processed products only):

—

3.4.   Feed (for products of animal origin only):

The lambs are suckled exclusively with their mother's milk until weaning. After that, their basic diet consists of fodder made up of wild plants from the meadows, sown pasture, pulses and/or grasses, all obtained in the geographical area. Mineral and vitamin supplements and feedstuffs are allowed at a maximum daily quantity of 0,4 kg per head.

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

The birth and rearing of the lambs take place in the same farm located in the geographical area of production as delimited in point 4 below.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

—

3.7.   Specific rules concerning labelling:

‘Agnello del Centro Italia’ meat must bear a label containing the following information: the ‘Agnello del Centro Italia’ logo; the type of product (Light — Heavy — Castrated); the EU’s graphic symbol.

4.   Concise definition of the geographical area:

The geographical area of production of ‘Agnello del Centro Italia’ meat includes the territories of the following regions: Abruzzo, Lazio, Marche, Tuscany, Umbria; Emilia-Romagna, including the entire territories of the provinces of Bologna, Rimini, Forlì-Cesena, Ravenna and, to a certain extent, the territories of the provinces of Modena, Reggio Emilia and Parma, delimited by the motorway route A1 Bologna-Milano from the border of the province of Bologna, by the junction with motorway A16 Parma-La Spezia and up until the border with the Tuscany — Passo della Cisa region.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The geographical area is characterised by three levels of altitude: the Apennine mountains, consisting mainly of limestone, which make up the central axis; the hills, where clay predominates and finally the plains on the valley floor which are made up of alluvial soils.

Environmental variations condition plant production quantitatively and qualitatively and, from the valley floor to the highest altitudes, a progressive change is observed in the percentage composition of the grazing resources.

As a result, the feed intake of ovine animals includes pastures and sown pasture which are essentially made up of fodder crops and pulses.

The rearing of ovine breeds is perfectly adapted to the particularities and difficult geographical and climatic conditions of this area of central Italy thanks to the horizontal, but especially vertical, transhumance practised by shepherds on both small and large scales since ancient times. Their goal is to integrate the resources offered by fodder from different areas by moving their flocks onto the pastures of the plains and to the seashore in winter and, inversely, onto the pastures of the Apennines during spring and summer. This practice exemplifies the ecological integration of local production systems and resources available in the geographical area of reference. It can also be considered a means of self-organisation for cattle-rearing, intended to overcome not only the adverse climatic conditions but also the imbalance between the dietary needs of the animals and the availability of forage.

5.2.   Specificity of the product:

The characteristics of ‘Agnello del Centro Italia’ meat correspond to the relation between the speed at which the animals gain weight and their yield.

The early development of tissues provides for a good meat/bone ratio at the time of slaughter, which constitutes an overall advantage in terms of commercial yield. Its superior yield compared to other ovine meats, particularly milk-fed meats which are mainly sold on the local market, is precisely what makes it appreciated by consumers and market operators alike.

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):

The product is obtained from breeds and cross-breeds which are deeply rooted in the production area; some of them take their name from the geographical areas where they best adapted to the environment and gave the best yields. This strong link between environment and genetic heritage, deriving from a breed known generically as ‘Appenninica’ and used in the production of ‘Agnello del Centro Italia’ meat, has allowed these animals to grow more rapidly than other breeds/genetic types reared in the area.

Moreover, the very names of these ovine breeds testify to their link with the geographical area. Indeed, the ongoing cross-breeding, hybridisation and selection of the ovine population from central Italy has produced specimens which have adapted perfectly to the specificities of the area, to the extent that they have taken the names of the municipalities in which they have produced the highest yields: the ‘Fabrianese’ from Fabriano; the ‘Pomarancina’ from Pomarance; the ‘Sopravissana’ from Visso which spread throughout the Marche region at the turn of the 20th century and which from there reached Umbria, Agro Romano, the part of Maremma situated between Tuscany and Lazio and as far as the Abruzzo region, which with the practice of transhumance became the centre of great seasonal migrations. The ‘Massese’ race which originates in the Valle del Forno in the province of Massa Carrara; the ‘Garfagnina Bianca’ population, which spread throughout the Valle del Serchio in Garfagnana and in the Val di Magra (Lunigiana and the Pontremoli region); the ‘Zerasca’ in Lunigiana, in the territory of Zeri in the province of Massa-Carrara.

The reputation of ‘Agnello del Centro Italia’ meat thus derives from a qualitative synthesis carried out on the breeds historically present in the area, whose production value is further raised thanks to a high quality diet obtained through a cattle-breeding system which, taking place in the open air for at least eight months a year, allows for the extensive use of sown pastures where endemic plant fodder crops also grow. Its reputation is also due to the management capacities of the breeders and the screening measures they use to improve quality and productivity.

Today ‘Agnello del Centro Italia’ meat enjoys a well-established reputation which originates in a document published in September 1961 by the Associazione Nazionale della Pastorizia, in the context of the ‘Rassegna Interregionale ovina’ held in Castelluccio di Norcia (Perugia), which stated: ‘The goal is to improve living conditions in mountain areas by creating the conditions necessary for developing livestock rearing and the “Agnello del Centro Italia” in particular.’

Reference to publication of the specification:

(Article 5(7) of Regulation (EC) No 510/2006)

The Ministry launched the national objection procedure with the publication of the proposal for recognising the protected geographical indication ‘Agnello del Centro Italia’ in Official Gazette of the Italian Republic No 66 of 20 March 2010.

The full text of the product specification is available on the following web site: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (http://www.politicheagricole.it) and clicking on ‘Qualità e sicurezza’ (on the top right of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE’.

(1)  OJ L 93, 31.3.2006, p. 12.

Corrigendum to Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 July 2008

( Official Journal of the European Union C 166 of 1 July 2008 )

2012/C 197/10

On page 2, the following text should be added: