Official Journal C 59 of the European Union
Volume 64 English edition Information and Notices 19 February 2021
Contents
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
2021/C 59/01 Non-opposition to a notified concentration (Case M.10112 — CVC/Riverstone Europe) (1) ...... 1
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
2021/C 59/02 Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2021/258 and in Council Regulation (EC) No 314/2004, as amended by Council Regulation (EU) 2021/251 concerning restrictive measures in view of the situation in Zimbabwe apply ...... 2
2021/C 59/03 Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2011/101/CFSP and Council Regulation (EC) No 314/2004 concerning restrictive measures in view of the situation in Zimbabwe apply ...... 4
European Commission
2021/C 59/04 Euro exchange rates — 18 February 2021 ...... 5
2021/C 59/05 New national side of euro coins intended for circulation ...... 6
2021/C 59/06 Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 March 2021 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004) . . . 7
EN (1) Text with EEA relevance. European Public Prosecutor’s Office
2021/C 59/07 Decision on the Permanent Chambers ...... 8
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
2021/C 59/08 Prior notification of a concentration (Case M.10111 — CVC/Vivartia Holdings) – Candidate case for simplified procedure (1) ...... 12
2021/C 59/09 Prior notification of a concentration (Case M.10166 — Latour Capital/Watling Street Capital Partners/ Funecap Groupe) – Candidate case for simplified procedure (1) ...... 14
OTHER ACTS
European Commission
2021/C 59/10 Publication of the amended single document following the approval of a minor amendment pursuant to the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 ...... 16
(1) Text with EEA relevance. 19.2.2021 EN Offi cial Jour nal of the European Uni on C 59/1
II
(Information)
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
EUROPEAN COMMISSION
Non-opposition to a notified concentration (Case M.10112 — CVC/Riverstone Europe)
(Text with EEA relevance)
(2021/C 59/01)
On 12 February 2021, 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 32021M10112. EUR-Lex is the online access to European law.
(1) OJ L 24, 29.1.2004, p. 1. C 59/2 EN Offi cial Jour nal of the European Union 19.2.2021
IV
(Notices)
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
COUNCIL
Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2021/258 and in Council Regulation (EC) No 314/2004, as amended by Council Regulation (EU) 2021/251 concerning restrictive measures in view of the situation in Zimbabwe apply
(2021/C 59/02)
The following information is brought to the attention of the persons, entities and bodies that appear in Annex I to Council Decision 2011/101/CFSP (1), as amended by Council Decision (CFSP) 2021/258 (2), and in Annex III to Council Regulation (EC) No 314/2004 (3), as amended by Council Regulation (EU) 2021/251 (4) concerning restrictive measures in view of the situation in Zimbabwe.
The Council of the European Union has decided that the persons, entities and bodies that appear in the above-mentioned Annexes should continue to be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/101/CFSP and in Regulation (EC) No 314/2004.
The attention of the persons, entities and bodies concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the Annex II to Regulation (EC) No 314/2004 in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons, entities and bodies concerned may submit a request to the Council before 1 November 2021, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered. Any such request should be sent to the following address:
Council of the European Union General Secretariat RELEX.1.C Rue de la Loi/Wetstraat 175 1048 Bruxelles/Brussel BELGIQUE/BELGIË
(1) OJ L 42, 16.2.2011, p. 6. (2) OJ L 58, 19.2.2021, p. 51. (3) OJ L 55, 24.2.2004, p. 1. (4) OJ L 58, 19.2.2021, p. 9. 19.2.2021 EN Offi cial Jour nal of the European Uni on C 59/3
Email:[email protected]
The attention of the persons, entities and bodies concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union. C 59/4 EN Offi cial Jour nal of the European Union 19.2.2021
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2011/101/CFSP and Council Regulation (EC) No 314/2004 concerning restrictive measures in view of the situation in Zimbabwe apply
(2021/C 59/03)
The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).
The legal basis for this processing operation are Council Decision 2011/101/CFSP (2), as amended by Council Decision (CFSP) 2021/258 (3), and Council Regulation (EC) No 314/2004 (4), as amended by Council Regulation (EU) 2021/251 (5).
The controller of this processing operation is the Department RELEX.1.C in the Directorate-General for Foreign Affairs, Enlargement and Civil Protection – RELEX of the General Secretariat of the Council (GSC), that can be contacted at:
Council of the European Union General Secretariat RELEX.1.C Rue de la Loi/Wetstraat 175 1048 Bruxelles/Brussel BELGIQUE/BELGIË
Email:[email protected]
The GSC’s Data Protection Officer can be contacted at:
Data Protection Officer
The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2011/101/CFSP, as amended by Decision (CFSP) 2021/258, and Regulation (EC) No 314/2004, as amended by Regulation (EU) 2021/251.
The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2011/101/CFSP and Regulation (EC) No 314/2004.
The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 ([email protected]).
(1) OJ L 295, 21.11.2018, p. 39. (2) OJ L 42, 16.2.2011, p. 6. (3) OJ L 58, 19.2.2021 , p. 51. (4) OJ L 55, 24.2.2004, p. 1. (5) OJ L 58, 19.2.2021, p. 51. 19.2.2021 EN Offi cial Jour nal of the European Uni on C 59/5
EUROPEAN COMMISSION
Euro exchange rates (1) 18 February 2021
(2021/C 59/04)
1 euro =
Currency Exchange rate Currency Exchange rate
USD US dollar 1,2084 CAD Canadian dollar 1,5307 JPY Japanese yen 127,69 HKD Hong Kong dollar 9,3684 DKK Danish krone 7,4362 NZD New Zealand dollar 1,6735 GBP Pound sterling 0,86540 SGD Singapore dollar 1,6028 KRW South Korean won 1 336,85 SEK Swedish krona 10,0328 ZAR South African rand 17,5602 CHF Swiss franc 1,0829 CNY Chinese yuan renminbi 7,8172 ISK Iceland króna 155,80 HRK Croatian kuna 7,5765 NOK Norwegian krone 10,2178 IDR Indonesian rupiah 16 998,02 BGN Bulgarian lev 1,9558 MYR Malaysian ringgit 4,8844 CZK Czech koruna 25,864 PHP Philippine peso 58,616 HUF Hungarian forint 358,73 RUB Russian rouble 88,9872 PLN Polish zloty 4,4888 THB Thai baht 36,276 RON Romanian leu 4,8751 BRL Brazilian real 6,5252 TRY Turkish lira 8,3975 MXN Mexican peso 24,3890 AUD Australian dollar 1,5518 INR Indian rupee 87,6695
(1) Source: reference exchange rate published by the ECB. C 59/6 EN Official Journal of the European Union 19.2.2021
New national side of euro coins intended for circulation
(2021/C 59/05)
National side of the new commemorative 2-euro coin intended for circulation and issued by Estonia Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms. Issuing country: Estonia Subject of commemoration: The Estonian national animal – the wolf Description of the design: The design depicts the silhouette of the wolf and a forest. Close to the edge of the inner ring the country name ‘EESTI’ at the left, the year of issuance ‘2021’ at the right and the text ‘CANIS LUPUS’ (the wolf in Latin) at the top are depicted. The coin’s outer ring depicts the 12 stars of the European flag. Estimated number of coins to be issued: 1 000 000 Date of issue: Autumn 2021
(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002. (2) See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52). Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 March 2021 19.2.2021 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 (1))
(2021/C 59/06)
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). EN Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 30, 27.1.2021, p. 4.
From To AT BE BG CY CZ DE DK EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK Offi 1.3.2021 … -0,45 -0,45 0,00 -0,45 0,44 -0,45 0,04 -0,45 -0,45 -0,45 -0,45 -0,45 0,22 0,80 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 0,15 -0,45 2,07 -0,02 -0,45 -0,45 0,11 cial 1.2.2021 28.2.2021 -0,45 -0,45 0,00 -0,45 0,44 -0,45 0,05 -0,45 -0,45 -0,45 -0,45 -0,45 0,22 0,80 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 0,19 -0,45 2,07 -0,02 -0,45 -0,45 0,12 Jour 1.1.2021 31.1.2021 -0,45 -0,45 0,00 -0,45 0,44 -0,45 0,06 -0,45 -0,45 -0,45 -0,45 -0,45 0,22 0,80 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 -0,45 0,23 -0,45 2,07 0,00 -0,45 -0,45 0,15 nal of the European Uni on C 59/7
(1) OJ L 140, 30.4.2004, p. 1. C 59/8 EN Offi cial Jour nal of the European Union 19.2.2021
EUROPEAN PUBLIC PROSECUTOR’S OFFICE
Decision on the Permanent Chambers
(2021/C 59/07)
THE COLLEGE OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE (EPPO),
Having regard to Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (1) (‘the EPPO Regulation’), and in particular Article 10(1) thereof,
Having regard to the Internal Rules of Procedure (2) (‘IRP’) adopted by the College of the EPPO on 12 October 2020, in particular Articles 15 and 16 thereof,
Whereas:
(1) The EPPO should establish Permanent Chambers to monitor and direct the investigations and prosecutions conducted by the Office and to ensure the coordination of investigations and prosecutions in cross-border cases and the implementation of decisions taken by the College.
(2) The IRP of the EPPO require the College to adopt a decision establishing the number, composition and the distribution of competences among the Permanent Chambers, as well as detailed rules for the organisation of their meetings.
(3) Furthermore, it is necessary to adopt detailed rules implementing the principles on the allocation of cases to the Permanent Chambers set out in the EPPO Regulation and in the IRP. These rules should be based on the principles of random allocation of cases and balanced distribution of workload between the Permanent Chambers.
(4) In consideration of the need to take into account the developments in the practical application of this Decision following the start of operations of the EPPO, the College should closely monitor its functioning and evaluate its effects with a view to possible future amendments,
HAS DECIDED AS FOLLOWS:
Article 1
Subject matter and scope
This Decision implements Article 15 of the Internal Rules of Procedure. It establishes the Permanent Chambers of the EPPO, defines their number, and sets rules on the division of competences among them and the allocation of cases.
Article 2
Establishment of the Permanent Chambers
1. Fifteen Permanent Chambers shall be established. They shall be designated by consecutive numbers from one to fifteen.
(1) OJ L 283, 31.10.2017, p. 1. (2) OJ C 22, 21.1.2021, p. 3. 19.2.2021 EN Offi cial Jour nal of the European Uni on C 59/9
2. In application of Article 16(3) IRP, each European Prosecutor shall be assigned as a permanent member of one, two or three Permanent Chambers. The assignment to one or more Permanent Chambers shall take into consideration the estimated workload of the respective European Prosecutor and shall be determined on the basis of: a) the number of cases under his/her supervision and related tasks as foreseen in Article 12(1) of the EPPO Regulation. For the initial assignment, reference will be made to the estimated caseload for the first year of operation of the EPPO; b) the number of European Delegated Prosecutors under his/her coordination, pursuant to Article 34 IRP; c) other specific tasks under his/her responsibility and assigned to him/her in accordance to the EPPO Regulation or the IRP.
3. In addition, the assignment of the Deputy European Chief Prosecutors to more than one Permanent Chamber shall further take into account the workload deriving from their duties under Article 11 (2) and (3) EPPO Regulation.
4. The European Chief Prosecutor and each Deputy European Chief Prosecutor shall Chair the Permanent Chambers of which they are permanent members.
Article 3
Meetings of the Permanent Chambers
1. Each Permanent Chamber shall, in principle, hold at least 2 meetings per calendar month. The Chair of the Permanent Chamber shall set the dates of these meetings at least 15 days in advance.
2. The Chair of the Permanent Chamber may call additional meetings whenever necessary. Additional meetings shall be convened at least five working days in advance. In case of urgency, meetings may be convened as soon as the permanent members and relevant supervising European Prosecutor are available and no later than three days.
3. Except in case of urgency and after consultation of the European Chief Prosecutor, meetings of the Permanent Chambers shall not take place at the same time as meetings of the College. The Chair of the Permanent Chamber shall reschedule any meeting convened in conflict with a meeting of the College.
4. When setting the dates for the meetings of the Permanent Chamber, the Chair shall ensure coordination with the permanent members of that Chamber, the relevant supervising European Prosecutors and the staff of the Central Office referred to in Article 7.
Article 4
Allocation of cases to the Permanent Chambers
The allocation of cases to the Permanent Chambers in the cases set out by Articles 32(5), 41(3), 42(1), 47(2), 50(2) second subparagraph, 51(3) and 59(4) IRP shall comply with the following rules: a) The Case Management System of the EPPO shall, upon opening of a case, randomly allocate it to a Permanent Chamber. b) In order to allow the European Chief Prosecutor to consider taking measures according to Article 19(3) IRP, he/she shall be notified when the number of cases allocated to a Permanent Chamber is higher by 10 % than the average number of cases allocated to each Permanent Chamber.
Article 5
Temporary exclusion from new allocation
For the purpose of ensuring the efficient functioning of the EPPO and an equal distribution of workload between the Permanent Chambers, in accordance with Article 19(3) IRP, the European Chief Prosecutor may suspend the allocation of new cases to one or several Permanent Chambers for a specified period of time. C 59/10 EN Offi cial Jour nal of the European Union 19.2.2021
Article 6
Reallocation of cases
For the purpose of Article 32(5) IRP, when the European Chief Prosecutor decides to assign the supervision of a case to a European Prosecutor from a Member State other than the one where the European Delegated Prosecutor is based, and this European Prosecutor is a permanent member of the monitoring Permanent Chamber, the case shall be immediately assigned to a different Permanent Chamber.
Article 7
Support to the Permanent Chambers
1. Adequate resources from the staff of the EPPO shall be assigned to support the work of the Permanent Chambers under the EPPO Regulation.
2. The assigned staff shall assist the Chair of the Permanent Chamber, inter alia, in organising the agenda, in preparing the minutes of the meetings, in drafting documents in view of the meetings and in recording decisions adopted by the Permanent Chamber in the Case Management System.
3. Subject to the availability of resources, the assignment shall ensure the stability and continuity of the support provided by staff members to the designated Permanent Chamber.
Article 8
Attendance of non-members to the meetings of the Permanent Chamber
1. In addition to the persons indicated in Article 10(9) EPPO Regulation, the Chair of the Permanent Chamber, after having consulted the permanent members and the relevant supervising European Prosecutor, may invite any member of the Central Office, European Delegated Prosecutor or staff of the EPPO to attend the meeting of the Permanent Chamber in relation to specific points in the agenda, when this is necessary for the purpose of allowing the Permanent Chamber to take decisions.
2. For the same purpose, in exceptional situations, when this is not contrary to applicable provisions of Union or national law, the Chair of the Permanent Chamber, after having consulted the permanent members, the relevant supervising European Prosecutor and, if necessary, the handling European Delegated Prosecutor, may invite any other person to attend the meeting of the Permanent Chamber.
3. Persons invited in accordance with paragraphs (1) and (2) may under no circumstance be present at the moment of the deliberation of a decision of the Permanent Chamber.
4. Administrative costs related to the invitations under this Article shall be covered by the budget of EPPO. In case the invitation entails costs, the Administrative Director shall be notified of invitations under this Article.
Article 9
Evaluation
The College shall assess the impact of this Decision on the efficiency of the work of the EPPO six months after the date established in accordance with Article 120(2) EPPO Regulation.
Article 10
Entry into force
This Decision shall enter into force on the day of its adoption by the College. 19.2.2021 EN Offi cial Jour nal of the European Union C 59/11
Done at Luxembourg, 25 November 2020.
For the College, Laura Codruța KÖVESI European Chief Prosecutor C 59/12 EN Offi cial Jour nal of the European Union 19.2.2021
V
(Announcements)
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
EUROPEAN COMMISSION
Prior notification of a concentration (Case M.10111 — CVC/Vivartia Holdings) Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 59/08)
1. On 12 February 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1). This notification concerns the following undertakings: — CVC Capital Partners SICAV-FIS S.A. (‘CVC Capital Partners’, Luxembourg), — Vivartia Holdings S.A. (‘Vivartia Holdings’, Greece).
CVC Capital Partners acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Vivartia Holdings.
The concentration is accomplished by way of purchase of shares.
2. The business activities of the undertakings concerned are: — for CVC Capital Partners: CVC Capital Partners and its subsidiaries manage investment funds and platforms, — for Vivartia Holdings: production and sale of various dairy products, juices, mixed frozen, and ready-to-cook vegetable combinations. Vivartia Holdings is also the owner and franchisor of several branded restaurants and coffee shops, and also serves other restaurants, cafés, and pastry shops.
3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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.
4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). (2) OJ C 366, 14.12.2013, p. 5. 19.2.2021 EN Offi cial Jour nal of the European Union C 59/13
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.10111 — CVC/Vivartia Holdings
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: [email protected]
Fax +32 22964301
Postal address:
European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË C 59/14 EN Offi cial Jour nal of the European Union 19.2.2021
Prior notification of a concentration (Case M.10166 — Latour Capital/Watling Street Capital Partners/Funecap Groupe) Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 59/09)
1. On 11 February 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:
— Latour Capital Management SAS (‘Latour Capital’, France),
— Watling Street Capital Partners LLP (‘Watling Street’, United Kingdom),
— Funecap Partenaires III (‘Groupe Fondateur Funecap’, France),
— Staglieno NewCo and its subsidiaries (‘Groupe Funecap’, France), controlled by Watling Street and Groupe Fondateur Funecap.
Latour Capital, Watling Street and Groupe Fondateur Funecap acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Groupe Funecap.
The concentration is accomplished by way of purchase of securities.
2. The business activities of the undertakings concerned are:
— for Latour Capital: management company with majority and minority shareholdings mainly in French companies, in sectors including business consultancy, financial services, art photography, electrical engineering, clothing retailing, waste containerisation and the integration of communication networks in Europe,
— for Watling Street: parent company incorporated under English law of the Charterhouse Group, which provides investment fund management services. The Charterhouse Group’s portfolio companies are European companies primarily active in services, health, industry and consumer goods/services,
— for Groupe Fondateur Funecap: group founded by Thierry Gisserot and Xavier Thoumieux through their respective personal holding companies Velluzco SAS and Ophrys Partners SAS, domiciled in France. In addition to Groupe Funecap, they also control several other companies active in France in the sectors of photovoltaic electricity production, energy and heat production and real estate and hotel services,
— Groupe Funecap: active in France (and to a very limited degree in Belgium) in the provision of funeral services, crematorium management, technical work for cemeteries and as broker of funeral insurance.
3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
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.
4. The Commission invites interested third parties to submit any observations they may have on the proposed transaction to the Commission.
(1) JO L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). (2) OJ C 366, 14.12.2013, p. 5. 19.2.2021 EN Offi cial Jour nal of the European Union C 59/15
Observations must reach the Commission no later than ten days following the date on which this notification is published. The following reference should always be specified:
M.10166 — Latour Capital/Watling Street Capital Partners/Funecap Groupe
Observations can be sent to the Commission by e-mail, by fax, or by post. Please use the contact details below:
Email: [email protected]
Fax +32 22964301
Postal address:
European Commission Directorate-General for Competition Merger Registry 1049 Brussels BELGIUM C 59/16 EN Offi cial Jour nal of the European Union 19.2.2021
OTHER ACTS
EUROPEAN COMMISSION
Publication of the amended single document following the approval of a minor amendment pursuant to the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012
(2021/C 59/10)
The European Commission has approved this minor amendment in accordance with the third subparagraph of Article 6(2) of Commission Delegated Regulation (EU) No 664/2014 (1).
The application for approval of this minor amendment can be consulted in the Commission’s eAmbrosia database.
SINGLE DOCUMENT
‘LAGUIOLE’
EU No: PDO-FR-0120-AM09 – 3.9.2020
PDO (X) PGI ( )
1. Name(s) ‘Laguiole’
2. Member State or Third Country France
3. Description of the agricultural product or foodstuff
3.1. Type of product Class 1.3. Cheeses
3.2. Description of the product to which the name in (1) applies ‘Laguiole’ is a pressed, uncooked cow’s milk cheese with a dry rind and cylindrical shape. It has a minimum fat content of 45 grams per 100 grams of cheese after total desiccation, and the total dry matter content must not be less than 58 grams per 100 grams of cheese. ‘Laguiole’ is in the shape of a cylinder of 30 to 40 centimetres in diameter, with a height to diameter ratio of 0,8 to 1 and a weight of 20 to 50 kg. Ripening lasts for at least four months calculated from the renneting date. The paste of the cheese is ivory to straw yellow in colour, and its whitish to light-grey rind may turn amber brown to granite grey during ripening. Its milky taste is average to intense, depending on the degree of ripening, balanced, with a specific character expressed in nuances that vary in taste from fresh hay to dry hazelnut. It is persistent in the mouth and it has the typical characteristics of a cheese made from raw milk.
(1) OJ L 179, 19.6.2014, p. 17. 19.2.2021 EN Offi cial Jour nal of the European Union C 59/17
3.3. Feed (for products of animal origin only) and raw materials (for processed products only)
The basic ration of the dairy herd is provided for by fodder from the geographical area. The only coarse fodder authorised is composed of local flora from grassland and natural or permanent pastures and of grasses and forage legumes cultivated on temporary grassland. The presence of maize silage, grass silage, wrapping or any other wet- preserved fodder is prohibited.
When grass is available, weather permitting, the basic ration of the dairy herd is composed principally of pasture grass grazed during a minimum combined annual period of 120 days. During this period, the intake of fodder supplementing the ration of pasture grass must not exceed 3 kg of dry matter per day and per dairy cow on average for the herd during the grazing period.
The amount of complementary feed added to the basic ration has been limited to an average of 6 kg per lactating cow per day for all lactating dairy cows over a period of one year. The complementary feed need not come from the geographical area, as that area does not have sufficient agricultural resources.
Only plants, by-products and complementary feed derived from non-transgenic products are authorised in the animal feed.
Only raw materials and additives specified in a positive list are authorised in the complementary feed of the dairy herd.
‘Laguiole’ is made exclusively from raw whole cow’s milk that is non-standardised in terms of fat and protein. All physical treatment is prohibited.
The milk used to make ‘Laguiole’ must come exclusively from dairy herds consisting of cows of the Simmental française (breed code 35) or Aubrac (breed code 14) breeds or of cows obtained from crossing these two breeds of certified descent. As regards the latter, after the first generation, only cows obtained from crossing with a male of the Aubrac breed (breed code 14) are authorised in the dairy herd.
3.4. Specific steps in production that must take place in the defined geographical area
The milk is produced and the cheese manufactured and ripened in the geographical area.
3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to
‘Laguiole’ may be presented in portions, cubes, sticks, nuggets, shavings, slices, grated or shredded.
If the cheese is sold in pre-packaged pieces, each piece must have part of the designation’s distinctive rind, with the exception of:
— individual portions and slices of less than 70 grams,
— cubes, sticks, nuggets, shavings, grated and shredded cheese, which may not have any rind.
3.6. Specific rules concerning labelling of the product the registered name refers to
In addition to the compulsory information provided for by legislation on the labelling and presentation of foodstuffs, the labelling of cheeses must include, in the same field of vision:
— the name of the designation of origin in characters at least two-thirds the size of the largest characters on the label,
— the European Union PDO logo.
The word ‘buron’ may be used on the labelling and in advertising, invoices or commercial documents, subject to the following conditions: the word ‘buron’ is used only for cheeses made from milk from a single herd that is milked during the period of transhumance (25 May to 13 October) and grazes during that period in high grassland areas at an altitude above 1 000 metres. In order to be able to be qualified by this word, the cheeses must be produced in buildings that are intended for cheesemaking and have been built in these high grassland areas for use by a single herd per workshop. Mobile or light structures, such as shelters made of boards, are not authorised. C 59/18 EN Offi cial Jour nal of the European Union 19.2.2021
The labelling may be replaced by direct printing on the rind of the cheese or by affixing a pre-printed bandaging onto the rind.
The cheese may also be identified by an embossed stamp comprising the Laguiole bull and the word ‘Laguiole’ and by an identification mark placed on the cheese.
4. Concise definition of the geographical area
The geographical area is delimited by the following municipalities or parts of municipalities:
Department of Aveyron: The municipalities of Argences en Aubrac, Campouriez, Cantoin, Cassuéjouls, Castelnau-de- Mandailles, Le Cayrol, Condom-d'Aubrac, Coubisou, Curières, Entraygues-sur-Truyère (right bank of the Lot and left bank of the Truyère upstream of the confluence of the two), Espalion (right bank of the Lot), Estaing, Florentin-la- Capelle, Huparlac, Laguiole, Montézic, Montpeyroux, Le Nayrac, Pomayrols, Prades-d'Aubrac, Saint-Amans-des-Cots, Saint-Chély-d'Aubrac, Saint-Côme-d'Olt (right bank of the Lot), Saint Geniez d'Olt et d’Aubrac (right bank of the Lot), Saint-Laurent-d'Olt (right bank of the Lot), Saint-Symphorien-de-Thénières, Sainte-Eulalie-d'Olt (right bank of the Lot), Soulages-Bonneval.
Department of Cantal: The municipalities of Anterrieux, Chaudes-Aigues, Deux-Verges, Espinasse, Fridefont, Jabrun, Lieutadès, Maurines, Saint-Martial, Saint-Rémy-de-Chaudes-Aigues, Saint-Urcize, La Trinitat.
Department of Lozère: The municipalities of Banassac-Canilhac (right bank of the Lot), Les Bessons, Brion, Le Buisson, Chauchailles, La Fage-Montivernoux, La Fage-Saint-Julien, Fournels, Grandvals, Les Hermaux, Marchastel, Nasbinals, Noalhac, Peyre en Aubrac (for the territory of the delegated municipalities of Aumont-Aubrac, La Chaze-de-Peyre, Fau-de-Peyre, Sainte-Colombe-de-Peyre) Prinsuéjols-Malbouzon, Recoules-d'Aubrac, Saint-Chély-d’Apcher, Saint- Germain-du-Teil, Saint-Juéry, Saint-Laurent-de-Muret, Saint-Laurent-de-Veyrès, Saint-Pierre-de-Nogaret, Les Salces, Termes, Trélans.
5. Link with the geographical area
‘Laguiole’ is made from the milk of cows of the Simmental française and Aubrac breeds, which take best advantage of the grass and dry fodder produced in the geographical area. The use of this milk in its raw and whole state combined with a production method consisting of draining and a long ripening period at a low temperature give ‘Laguiole’ its characteristics, in particular its high dry matter content and its balanced and aromatic taste.
The geographical area is marked by distinctive features related to the nature of its soil, climate, high altitude and natural boundaries by virtue of the landscape. Its soil is rich in basalt and granite. The varied and harsh climate results from a confrontation between the continental and mountain influences of Auvergne, which are the reasons behind the long, cold, windy and often snowy winters, and those of the Midi, which bring warmth and heavy, tumultuous rain. At the heart of the area, the Aubrac mountains form a homogenous unit at an average altitude of 1 000 metres. To the west and the south, the geographical area is naturally delimited by the Truyère and Lot rivers. The soil, climate and altitude combine to bestow remarkable qualities on the pastures, in particular a rich, aromatic and abundant flora. Much more frequently than in other areas, typical plants rich in aromatic molecules (terpenes) can be found there, e.g. Apiaceae, such as spignel (Meum athamanticum), Geraniaceae (Geranium sylvaticum), composites (Achillea, Centaurea) and labiates (Prunella grandiflora, Thymus).
Cheese has been produced in this region for a very long time. Starting in the 12th century, the monks of the abbeys of Aubrac and Bonneval laid down rules for the production of ‘Laguiole’ so that the milk produced in the summer could be used to feed pilgrims in the winter. They were imitated by the area's farmers. In 1897, the hill farmers got together to sell their cheese through a syndicat de vente, which became a syndicat de défense in 1939, and culminated in the recognition of the designation in 1961.
Today ‘Laguiole’ is still made from raw whole milk obtained from cows of the Simmental française and Aubrac breeds, which are adapted to the environmental conditions of the geographical area (mid-range mountains) and feed principally by grazing or on hay from the geographical area, without any wet-preserved fodder and with a limited amount of complementary feed. The genetic selection carried out within these breeds has made it possible to reinforce the protein content of the milk at the expense of the fat content and to obtain milk suited to cheesemaking. The diet of the animals is another contributing factor, as the ban on the use of maize in the fodder aims at limiting the fat content of the milk. 19.2.2021 EN Offi cial Jour nal of the European Union C 59/19
‘Laguiole’ ripens for a long time in a cold (6 to 12 °C) and damp cellar, and the success of this process depends, in particular, on a specific production technique (where the purpose of the double draining, first in the tomme press and then when being placed in the mould, is to increase the dry extract) and regular treatments (rubbing and turning). These operations are guaranteed by the skills and know-how that have been preserved in the geographical area. ‘Laguiole’ is a large (20-50 kg) cheese made from raw whole milk. Its pressed, uncooked paste has a high dry matter content of at least 58 %. It is ripened for a minimum of four months. Its milky taste is medium to intense, depending on the degree of ripening, balanced, with a specific character expressed in nuances that vary in taste from fresh hay to dry hazelnut. It is persistent in the mouth. At first, milk production in the geographical area of ‘Laguiole’ was very seasonal. Milking in parallel with the suckling of the calf was possible only when the natural fertility of the soil in the geographical area enabled the growth of an abundant flora to cover the animals' needs. In order to preserve and defer the use of this milk, breeders in the geographical area developed a large, long-keeping cheese, the ‘Laguiole’. As this cheese is made from whole milk, its keeping quality depends on milk production and cheesemaking conditions that favour a milk that is suited to cheesemaking, rich in protein but with a limited fat content, and that can be drained intensively both in a tomme press and in presses after moulding, in order to obtain a pressed, uncooked paste with a high dry matter content. Dairy cows of the Simmental française and Aubrac breeds are particularly well adapted to the environmental conditions of the geographical area. Thanks to their hardiness, they are able to benefit fully from the fodder production in the geographical area despite the restrictions imposed by the long, harsh winters. The fodder on which they feed is rich in aromatic plants, which give a fragrance to the milk and consequently to the ‘Laguiole’ made from it. The raw milk used to produce the cheese and the long ripening period at a low temperature result in the typical characteristics of ‘Laguiole’ related to the lactic flora of the raw whole milk.
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-90d6b8cf-7708-4493-8879-136160fd5256
ISSN 1977-091X (electronic edition) ISSN 1725-2423 (paper edition)
EN