Official Journal C 170 of the European Union
Volume 63 English edition Information and Notices 18 May 2020
Contents
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
2020/C 170/01 Communication from the Commission Approval of the content of a draft for a Commission Regulation amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty ...... 1
2020/C 170/02 Non-opposition to a notified concentration (Case M.9833 – KKR/Viridor) (1) ...... 20
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
2020/C 170/03 Euro exchange rates — 15 May 2020 ...... 21
Court of Auditors
2020/C 170/04 Special Report 12/2020 The European Investment Advisory Hub – Launched to boost investment in the EU, the Hub’s impact remains limited ...... 22
NOTICES FROM MEMBER STATES
2020/C 170/05 National exemptions for gambling service providers from national provisions transposing Directive (EU) 2015/849 (AMLD) List of Member States who have decided to exempt providers of certain gambling services from national provisions transposing Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing ...... 23
EN (1) Text with EEA relevance. V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
2020/C 170/06 Prior notification of a concentration (Case M.9666 – Deutsche Asphalt/KEMNA BAU Andrae/Heideasphalt) Candidate case for simplified procedure (1) ...... 25
OTHER ACTS
European Commission
2020/C 170/07 Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs ...... 27
2020/C 170/08 Publication of an application for approval of non-minor amendments 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 ...... 38
2020/C 170/09 Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector ...... 51
(1) Text with EEA relevance. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/1
II
(Information)
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
EUROPEAN COMMISSION
COMMUNICATION FROM THE COMMISSION Approval of the content of a draft for a Commission Regulation amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty
(2020/C 170/01)
The Commission has approved the content of a draft for a Commission Regulation amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty on 11 May 2020.
The draft for a Commission Regulation is attached as Annex to this Communication. The draft for a Commission Regulation is open to public consultation at: http://ec.europa.eu/competition/consultations/open.html C 170/2 EN Offi cial Jour nal of the European Union 18.5.2020
ANNEX
DRAFT COMMISSION REGULATION (EU) …/…
of …
amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,
Having regard to Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (1), and in particular point (a) of Article 1(1) thereof,
After consulting the Advisory Committee on State aid,
Whereas:
(1) Commission Regulation (EU) No 651/2014 (2) declares certain categories of aid compatible with the internal market.
(2) Undertakings participating in European Territorial Cooperation (‘ETC’) projects covered by Regulation (EU) No 1299/2013 of the European Parliament and of the Council (3) or by [new ETC Regulation] often find difficulties in financing additional costs stemming from the cooperation between partners located in different regions and in different Member States or third countries. Given the importance of ETC for the cohesion policy, providing a framework for the implementation of joint actions and policy exchanges between national, regional and local actors from different Member States or third countries, certain difficulties faced by ETC projects in order to facilitate their compliance with State aid rules should be addressed. In the light of the Commission’s experience, Regulation (EU) No 651/2014 should apply to aid for ETC projects, irrespective of the size of the beneficiary undertakings.
(3) In addition, given the limited effect on trade and competition of small amounts of aid granted to undertakings participating in ETC projects, simple rules for cases where the aggregate amount of aid per undertaking per project does not exceed a certain ceiling should be laid down.
(4) Research and development projects or feasibility studies awarded a Seal of Excellence quality label following an evaluation and ranking carried out by independent experts, which are deemed excellent and worthy of receiving public funding, but cannot be funded under the Horizon Framework Programme due to lack of available budget, may be supported by national resources including resources from the European Structural and Investment Funds for the period 2014–2020, and from the European Regional Development Fund and the European Social Fund+ for the period 2021–2027. State aid granted to such research and development projects which are carried out by small and medium enterprises should be considered compatible with the internal market and be exempted from the notification requirement under certain conditions. In addition, it should not be necessary to reassess eligibility conditions already assessed at Union level in accordance with the Horizon 2020 or Horizon Europe Framework programme rules prior to the awarding of the Seal of Excellence label. The profit or non-profit character of the entities carrying out the projects is not a relevant criterion under competition law.
(1) OJ L 248, 24.9.2015, p. 1. (2) Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1). (3) Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259). 18.5.2020 EN Offi cial Jour nal of the European Union C 170/3
(5) State aid granted to certain projects of common interest in the area of digital connectivity infrastructures covered by Regulation (EU) 2020/… of the European Parliament and of the Council (4) (CEF2 Regulation) can be considered compatible with the internal market and be exempted from the notification requirement under certain conditions.
(6) Grants provided to researchers under the ERC Proof of Concept and under the Marie Skłodowska-Curie actions (MSCA) that qualify as economic activities should also be considered compatible with the internal market when they benefit from a Seal of Excellence quality label.
(7) Combined public funding of national and Union centrally managed resources provided to research and development projects (such as those implemented under a European institutionalised Partnership based on Article 185 or Article 187 of the Treaty or programme co-fund action as defined in the Horizon Europe Framework programme) can contribute to improving the European research and development competitiveness, as such research and development projects are considered to meet objectives of common European interest and address well-defined market failures. This is considered to be the case where such projects are evaluated, ranked and selected by independent experts in line with Horizon 2020 or Horizon Europe Framework Programme rules, following trans- national calls, where at least three Member States participate (or two in the case of Teaming actions), The financial contributions made by Member States including resources from the European Structural and Investment Funds for the period 2014–2020, and from the European Regional Development Fund and the European Social Fund+ for the period 2021–2027, to these co-funded research and development projects should be considered compatible with the internal market and exempted from the notification requirement under certain conditions. In addition, it should not be necessary to reassess eligibility conditions already assessed at trans-national level in accordance with Horizon 2020 or Horizon Europe programme rules by independent experts prior to a research and development project’s selection.
(8) The Horizon 2020 and Horizon Europe Framework programmes define which research and innovation actions are eligible for funding. In this regard, the Commission notes that research and innovation action, as defined under the Horizon Framework Programme, will normally correspond to fundamental research and industrial research activities, as defined in this Regulation. Moreover, innovation action supported under the Horizon Framework Programme will normally correspond to the definition of experimental development activities under this Regulation. The simplifications as provided for in this Regulation in the area of research and development should, however, not be used to finance activities that are not eligible under State aid rules for research and development, that is to say, activities going beyond the scope of experimental development activities. To this effect, the definitions regarding Technological Readiness Level (‘TRL’) may also be taken into account by the Member States. The Commission points out that State aid for research and development activities at TRL 9 level is considered to go beyond the scope of the definition of experimental development and would consequently be excluded from the scope of this Regulation.
(9) The Digital Europe Programme will support and accelerate the digitalisation of the European economy and society, and bring its benefits to European citizens, public administrations and businesses across the Union. The programme is complementary to research, development and innovation projects supported under the Horizon Europe Programme, to the Connect Europe Facility Digital programme and to InvestEU. It will support the reinforcement of digital capacities (e.g. data, computing, cybersecurity capacities) to the public sector as well as to SMEs and the research and innovation communities The programme will provide financial contribution to advanced computing including High Performance-, cloud-, edge- and quantum computing, Artificial Intelligence including the creation of European Digital Innovation Hubs, testing and experimentation facilities. It will also support digital skills and cybersecurity equipment and tools.
(10) Financial products supported by the InvestEU Fund may involve funds controlled by Member States, including EU shared management funds, in order to increase leverage and support additional investments in Europe. For instance, Member States have the possibility to contribute a part of Union shared management funds to the Member State compartment of the EU guarantee under the InvestEU Fund. Moreover, Member States could finance the financial products backed by the InvestEU Fund through their own funds or national promotional banks. Such financing may qualify as ‘State resources’ and may be imputable to the State if the Member States have discretion as to the use of
(4) OJ L […], […], p. […]. C 170/4 EN Offi cial Jour nal of the European Union 18.5.2020
those resources. Conversely, when Member States have no discretion as to the use of the resources or act in line with normal market conditions, the use of those funds may not constitute State aid. In respect of such cases, the Commission intends to provide further guidance on the typical scenarios supported under the InvestEU Regulation.
(11) Where national funds, including EU shared management funds, constitute State aid within the meaning of Article 107(1) of the Treaty, a set of conditions should be set out on the basis of which the aid should be considered compatible with the internal market and exempted from the notification requirement in order to facilitate the implementation of the InvestEU Fund.
(12) The design of the InvestEU Fund incorporates a number of important competition safeguards, such as supporting investments which deliver Union policy objectives and EU added value and the requirement for the InvestEU Fund to be additional and address market failures and sub-optimal investment situations. Moreover, the governance system and decision-making process will ensure before issuing the EU guarantee that the InvestEU supported operations meet the above requirements. Finally, the support provided by the InvestEU Fund will be transparent and its effects will be evaluated. Therefore State aid involved in the financial products supported by the InvestEU Fund should be considered compatible with the internal market and exempted from the notification requirement based on a limited set of conditions.
(13) Regulation (EU) No 651/2014 should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Regulation (EU) No 651/2014 is amended as follows:
(1) Article 1 is amended as follows:
(a) in paragraph 1, points (m) and (n) are replaced by the following:
‘(m) aid for regional airports;
(n) aid for ports; and’;
(b) in paragraph 1, the following points (o) and (p) are added:
‘(o) aid for European Territorial Cooperation projects; and
(p) aid involved in financial products supported by the InvestEU Fund.’;
(c) in paragraph 2, point (a) is replaced by the following:
‘(a) schemes under Sections 1 (with the exception of Article 15), 2, 3, 4, 7 (with the exception of Article 44) and 10 of Chapter III of this Regulation, and aid implemented in the form of financial products under Section 16 of that Chapter, if the average annual State aid budget per Member State exceeds EUR 150 million, from six months after their entry into force. For aid under Section 16 of Chapter III of this Regulation, only contributions by a Member State to the Member State compartment of the EU guarantee, referred to in point (b) of Article 8(1) of the [InvestEU Programme] Regulation, which are earmarked for a specific financial product shall be taken into account for assessing whether the average annual State aid budget of that Member State related to the financial product exceeds EUR 150 million. The Commission may decide that this Regulation shall continue to apply for a longer period to any of these aid schemes after having assessed the relevant evaluation plan notified by the Member State to the Commission, within 20 working days from the scheme’s entry into force;’;
(d) in paragraph 3, points (a) and (b) are replaced by the following:
‘(a) aid granted in the fishery and aquaculture sector, as covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council (*) with the exception of training aid, aid for SMEs’ access to finance, aid in the field of research and development, innovation aid for SMEs, aid for disadvantaged workers and workers with disabilities, regional investment aid in outermost regions, regional operating aid schemes, and aid to European Territorial Cooperation projects; 18.5.2020 EN Offi cial Jour nal of the European Union C 170/5
(b) aid granted in the primary agricultural production sector, with the exception of regional investment aid in outermost regions, regional operating aid schemes, aid for consultancy in favour of SMEs, risk finance aid, aid for research and development, innovation aid for SMEs, environmental aid, training aid, aid for disadvantaged workers and workers with disabilities, aid to European Territorial Cooperation projects and aid involved in financial products supported by the InvestEU Fund;’;
______(*) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1)’;
(e) paragraph 4 is replaced by the following:
‘4. This Regulation shall not apply to:
(a) aid schemes which do not explicitly exclude the payment of individual aid in favour of an undertaking which is subject to an outstanding recovery order following a previous Commission decision declaring an aid granted by the same Member State illegal and incompatible with the internal market, with the exception of aid schemes to make good the damage caused by certain natural disasters and aid schemes in accordance with Section 2a as well as Section 16 of Chapter III;
(b) ad hoc aid in favour of an undertaking as referred to in point (a);
(c) aid to undertakings in difficulty, with the exception of aid schemes to make good the damage caused by certain natural disasters, start-up aid schemes, regional operating aid schemes, aid to SMEs under Article 56f and aid to financial intermediaries under Section 16 of Chapter III, provided undertakings in difficulty are not treated more favourably than other undertakings.
(2) Article 2 is amended as follows:
(a) points 63, 64 and 65 are deleted;
(b) the following point (86b) is inserted:
‘(86b) “digitalisation” means the adoption of technologies carried out by electronic devices and/or systems which make it possible to increase product functionality, develop online services, modernise processes, or migrate to business models based on the disintermediation of goods production and service delivery, eventually producing a transformative impact;’;
(c) point 138 is replaced by the following:
‘(138) “next generation access (NGA) networks” means advanced networks which have at least the following characteristics:
(i) they deliver services reliably at a very high speed per subscriber through optical (or equivalent technology) backhaul sufficiently close to user premises to guarantee the actual delivery of the very high speed;
(ii) they support a variety of advanced digital services including converged all-IP services; and
(iii) they have substantially higher upload speeds (compared to basic broadband networks).
At the current stage of market and technological development, NGA networks are: (a) fibre-based access networks (FTTx), (b) advanced upgraded cable networks and (c) certain advanced wireless access networks capable of delivering reliable high- speeds per subscriber. NGA networks include networks capable of providing 1 Gbps upload and download speeds. References to NGA networks include next generation backhaul networks (NGN), where these are necessary for the NGA deployment;’;
(d) the following point (138a) is inserted:
‘(138a) “next generation backhaul networks (NGN)” mean advanced backhaul networks that can support the deployment of NGA networks through optical fibre (or equivalent technology);’; C 170/6 EN Offi cial Jour nal of the European Union 18.5.2020
(e) the following points (166) to (178) are added:
‘Definitions for Aid involved in financial products supported by the InvestEU Fund
(166) “InvestEU Fund”, “EU guarantee”, “financial product”“national promotional banks or institutions” and “implementing partner” have the meaning as defined in Article 2 of the [InvestEU Programme] Regulation;
(167) “financial intermediary” means any financial institution, other than an implementing partner, regardless of its form and ownership, involved in the implementation of budgetary guarantees. Such intermediaries may, amongst others, include banks, non-banking credit institutions, investment funds, micro-finance institutions, guarantee societies, leasing companies and national promotional banks or institutions;
(168) “commercial financial intermediary” means a financial intermediary which operates on a for profit basis and at full own risk, without a public guarantee. National promotional banks or institutions are not considered to be commercial financial intermediaries;
(169) “projects of common interest in the area of digital connectivity infrastructures” has the meaning as defined in Article 8 of Regulation (EU) […]/[…] (CEF2 Regulation).
(170) “appropriate mapping” in the specific context of Article 56e(2)(b)(i) means mapping not older than 18 months of the NGA/NGN infrastructures that pass the premises of an eligible socio economic driver, as well as of the quality of service in terms of speed offered under usual peak-time condition by such infrastructure. This mapping shall be carried out by the competent public authority, shall take into account all NGA/NGN infrastructure existing or credibly planned in the next three years or within the same time frame of the planned supported intervention, and shall be performed at address level on the basis of premises passed (not premises connected);
(171) “public consultation” in the specific context of Article 56e(2)(b)(i) means a public consultation carried out by the competent public authority through publication on an appropriate website available to any interested stakeholders for at least 1 month with the objective of gathering substantiated information from stakeholders regarding NGA/NGN infrastructure existing or credibly planned in the next three years or within the same time frame of the planned supported intervention that passes the premises of an eligible socio economic driver, based on information at address level on the basis of premises passed;
(172) “premises passed” in the specific context of Article 56e(2)(b)(i) means premises which can be connected within a short period of time at affordable prices for the end user (activation fees), regardless of whether these premises are connected to the network. An operator may report premises as passed only if, following a request from an end user, it commits to connect the premises for normal activation fees, i.e. without any additional or exceptional cost if this is the standard commercial practice and, in any case, not exceeding the usual cost in the Member State concerned, which may be defined by the relevant authority. Furthermore, the operator must be able to connect and activate the service at the specific premises within 4 weeks from the date of the request;
(173) “social services” means clearly identified services, meeting social needs, in particular as regards health and long-term care, childcare, access to and reintegration into the labour market, social housing (which means housing for disadvantaged citizens or socially less advantaged groups who due to solvency constraints are unable to obtain housing at market conditions) and the care and social inclusion of vulnerable groups (as explained in recital 11 of Commission Decision 2012/21/EU (*) or subsequent legal acts replacing said decision);
(174) “TEN-T urban node” means an urban area where the transport infrastructure of the TEN-T network, such as ports including passenger terminals, airports, railway stations, logistic platforms and freight terminals located in and around an urban area, is connected with other parts of that infrastructure and with the infrastructure for regional and local traffic; as defined in point (p) of Article 3 of Regulation (EU) No 1315/2013 of the European Parliament and of the Council (**);
(175) “new entrant” means a railway undertaking as defined in Article 3(1) of Directive 2012/34/EU of the European Parliament and of the Council (***), which fulfils the following conditions:
(a) it received a licence pursuant to Article 17(3) of Directive 2012/34/EU less than 10 years before the aid is granted; 18.5.2020 EN Offi cial Jour nal of the European Union C 170/7
(b) it is not linked within the meaning of Article 3(3) of Annex I to this Regulation to a railway undertaking that received a license in any Member State prior to 1 January 2010;
(176) “ecosystem”, “biodiversity” and “the good condition of an ecosystem” have the meaning as defined in Article 2(1) of the [(draft) Regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment];
(177) “residential building” means a building constituted of single-family or multi-family dwellings where non- residential entities do not occupy more than [25] % of the total floor area;
(178) “small mid-cap” means an undertaking whose number of employees does not exceed 499, calculated in accordance with Articles 3 to 5 of Annex I, the annual turnover of which does not exceed EUR 100 million or the annual balance sheet of which does not exceed EUR 86 million; several entities shall be considered as one undertaking if any of the conditions listed in Article 3(3) of Annex I is fulfilled;
______(*) Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ L 7, 11.1.2012, p. 3). (**) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1). (***) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).’;
(3) in Article 4, paragraph 1 is amended as follows:
(a) point (f) is replaced by the following:
‘(f) for aid for undertakings participating in European Territorial Cooperation projects: for aid under Article 20, EUR 2 million per undertaking, per project; for aid under Article 20a, the amounts laid down in Article 20a (2) per undertaking, per project;’
(b) in point (i), the following points (vii) to (x) are added:
‘(vii) for aid for SMEs for research and development projects awarded a Seal of Excellence quality label and implemented under Article 25a, the amount referred to in Article 25a;
(viii) for aid Marie Curie Skłodowska and ERC Proof of Concept actions implemented under Article 25b the amounts referred to in Article 25b;
(ix) for aid involved in co-funded research and development projects implemented under Article 25c the amounts referred to in Article 25c;
(x) for aid for teaming actions the amounts defined in Article 25d;’
(c) the following point (gg) is added:
‘(gg) for aid involved in financial products supported by the InvestEU Fund: the amounts laid down in Section 16 of Chapter III.’;
(4) in Article 5(2), the following point (l) is added:
‘(l) aid involved in financial products supported by the InvestEU Fund, if the conditions laid down in Section 16 of Chapter III are fulfilled.’;
(5) in Article 6(5), the following points (i), (j) and (k) are added:
‘(i) aid for undertakings participating in European Territorial Cooperation projects, if the relevant conditions in Articles 20 or 20a are fulfilled;
(j) aid for research and development projects awarded a Seal of Excellence quality label, Marie Skłodowska-Curie and ERC Proof of Concept actions awarded a Seal of Excellence quality label, aid involved in co-funded projects and in co-funded Teaming actions, if the relevant conditions laid down in Articles 25a, 25b, 25c or 25d are fulfilled;
(k) aid involved in financial products supported by the InvestEU Fund, if the conditions laid down in Section 16 of Chapter III are fulfilled.’; C 170/8 EN Offi cial Jour nal of the European Union 18.5.2020
(6) in Article 7(1), the second subparagraph is replaced by the following:
‘The amounts of eligible costs may be calculated in accordance with the simplified cost options set out in Regulation (EU) No 1303/2013 of the European Parliament and of the Council (*), or [new CPR Regulation], whichever is applicable provided that the operation is at least partly financed through a Union fund that allows the use of those simplified cost options and that the category of costs is eligible according to the relevant exemption provision.
______(*) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).’;
(7) Article 8 is amended as follows:
(a) in paragraph 3, point (b) is replaced by the following:
‘(b) any other State aid, in relation to the same eligible costs, partly or fully overlapping, only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this aid under this Regulation.
Financing provided to the final beneficiaries under the support of the InvestEU Fund under Section 16 of Chapter III and the cost covered by it shall not be considered for determining compliance with the cumulation provisions of paragraph 3. Instead, the amount relevant for such compliance shall be calculated by first deducting the nominal amount of the financing supported by the InvestEU Fund from the total eligible project costs and subsequently calculating the highest aid intensity or aid amount applicable to the aid under this Regulation only on the basis of the total remaining eligible costs. The nominal amount of financing provided to the final beneficiaries under the support of the InvestEU Fund shall, in cases of Articles for which the notification threshold is expressed as a maximum aid amount, also not be considered for determining whether the notification thresholds in Article 4 are respected.
Alternatively, for senior loans or guarantees on senior loans supported by the InvestEU Fund under Section 16 of Chapter III, the aid entailed in such loans or guarantees provided to the final beneficiaries may be calculated on the basis of the reference rate prevailing at the time of the granting of the aid and can be used for ensuring that cumulation with any other aid for the same identifiable eligible costs does not result in exceeding the highest aid intensity or aid amount applicable to the aid under this Regulation or the relevant notification threshold under this Regulation.’;
(b) paragraph 4 is replaced by the following:
‘4. Aid without identifiable eligible costs exempted under Articles 20a, 21, 22, 23, and Section 16 of Chapter III may be cumulated with any other State aid with identifiable eligible costs. Aid without identifiable eligible costs may be cumulated with any other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by this or another block exemption regulation or decision adopted by the Commission.’;
(8) in Article 9, paragraphs 1 and 2 are replaced by the following:
‘1. The Member State concerned shall ensure the publication on a comprehensive State aid website, at national or regional level of:
(a) the summary information referred to in Article 11 in the standardised format laid down in Annex II or a link providing access to it;
(b) the full text of each aid measure, as referred to in Article 11 or a link providing access to the full text;
(c) the information referred to in Annex III on each individual aid award exceeding EUR 500 000, or, for beneficiaries active in primary agricultural production, each individual aid award exceeding EUR 60 000. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/9
As regards aid granted to European Territorial Cooperation projects referred to in Article 20, the information referred to in this paragraph shall be placed on the website of the Member State in which the Managing Authority concerned, as defined in Article 21 of Regulation (EU) No 1299/2013 of the European Parliament and of the Council, or [Article 44 of new ETC Regulation], whichever is applicable, is located. Alternatively, the participating Member States may also decide that each of them shall provide the information relating to the aid measures within their territory on the respective websites. As regards aid granted to European Territorial Cooperation projects referred to in Article 20a the publication obligations laid down in this paragraph shall not apply. 2. For schemes in the form of tax advantages, and for schemes covered by Article 16 and 21 (*) the conditions set out in paragraph 1(c) of this Article shall be considered fulfilled if Member States publish the required information on individual aid amounts in the following ranges (in EUR million): 0,06-05 (only for primary agricultural production); 0,5-1; 1-2; 2-5; 5-10; 10-30; and 30 and more.;
______(*) For schemes under Article 16 and 21 of the present Regulation, the requirement to publish information on each individual award exceeding EUR 500 000 can be waived with respect to SMEs which have not carried out any commercial sale in any market.’; (9) Article 11 is replaced by the following:
‘Article 11
Reporting
Member States, or in the case of aid granted to European Territorial Cooperation projects under Article 20, alternatively the Member State in which the Managing Authority, as defined in Article 21 of Regulation (EU) No 1299/2013, or [Article 44 of new ETC Regulation], whichever is applicable, is located, shall transmit to the Commission: (a) via the Commission’s electronic notification system, the summary information about each aid measure exempted under this Regulation in the standardised format laid down in Annex II, together with a link providing access to the full text of the aid measure, including its amendments, within 20 working days following its entry into force; (b) an annual report, as referred to in Commission Regulation (EC) No 794/2004 (*), as amended, in electronic form, on the application of this Regulation, containing the information indicated in the Implementing Regulation, in respect of each whole year or each part of the year during which this Regulation applies.
This Article shall not apply in respect of aid granted to European Territorial Cooperation projects referred to in Article 20a.
______(*) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.4.2004, p. 1).’; (10) in Article 12, paragraph 1 is replaced by the following: ‘1. In order to enable the Commission to monitor the aid exempted from notification by this Regulation, Member States, or alternatively, in the case of aid granted to European Territorial Cooperation projects referred to in Article 20, the Member State in which the Managing Authority is located, shall maintain detailed records with the information and supporting documentation necessary to establish that all the conditions laid down in this Regulation are fulfilled. Such records shall be kept for 10 years from the date on which the ad hoc aid was granted or the last aid was granted under the scheme. This Article shall not apply in respect of aid granted to European Territorial Cooperation projects referred to in Article 20a.’ C 170/10 EN Offi cial Jour nal of the European Union 18.5.2020
(11) in Article 14, paragraph 15 is replaced by the following: ‘15. For an initial investment linked to European territorial cooperation projects covered by Regulation (EU) No 1299/2013, or [new ETC Regulation], the aid intensity of the area in which the initial investment is located shall apply to all beneficiaries participating in the project. If the initial investment is located in two or more assisted areas, the maximum aid intensity shall be the one applicable in the assisted area where the highest amount of eligible costs is incurred. In assisted areas eligible for aid under Article 107(3)(c) of the Treaty, this provision shall apply to large undertakings only if the initial investment concerns a new economic activity.’; (12) in Article 16, paragraph 4 is replaced by the following: ‘4. The eligible costs shall be the overall costs of the urban development project to the extent that they comply with Articles 37 and 65 of Regulation (EU) No 1303/2013, or [new CPR], whichever is applicable.’; (13) after Article 19, the following title is inserted:
‘Section 2a
Aid for European Territorial Cooperation;’
(14) Article 20 is replaced by the following:
‘Article 20
Aid for costs incurred by undertakings participating in European Territorial Cooperation project 1. Aid for costs incurred by undertakings participating in European Territorial Cooperation projects covered by Regulation (EU) No 1299/2013 or [new ETC Regulation] shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. To the extent that they are linked to the cooperation project, the following costs, which shall have the meaning ascribed to them in Commission Delegated Regulation (EU) No 481/2014 (*), or [Articles 38 to 43 of new ETC Regulation], whichever is applicable, shall be eligible costs: (a) staff costs; (b) office and administrative costs; (c) travel and accommodation costs; (d) external expertise and services costs; (e) equipment costs; and (f) costs for infrastructure and works. 3. The expertise and services referred to in point (d) of paragraph 2 shall not be a continuous or periodic activity nor relate to the undertaking’s usual operating costs, such as routine tax consultancy services, regular legal services, or routine advertising. 4. The aid intensity shall not exceed the maximum co-financing rate provided for in Regulation (EU) No 1299/2013 or [new ETC Regulation].
______(*) Commission Delegated Regulation (EU) No 481/2014 of 4 March 2014 supplementing Regulation (EU) No 1299/2013 of the European Parliament and of the Council with regard to specific rules on eligibility of expenditure for cooperation programmes (OJ L 138, 13.5.2014, p. 45).’; (15) the following Article 20a is inserted:
‘Article 20a
Limited amounts of aid to undertakings for participation in European Territorial Cooperation projects 1. Aid to undertakings for their participation in European Territorial Cooperation projects covered by Regulation (EU) No 1299/2013 or by [new ETC Regulation] shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/11
2. The total amount of aid under this Article granted to an undertaking per project shall not exceed EUR 20 000.’;
(16) in Article 25, paragraph 1 is replaced by the following:
‘1. Aid for research and development projects, including research and development projects having received a Seal of Excellence quality label under the Horizon 2020 or under the Horizon Europe programme, shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled.’;
(17) the following Articles 25a to 25d are inserted:
‘Article 25a
Aid for projects awarded a Seal of Excellence quality label
1. Aid for SMEs for research and development projects as well as feasibility studies awarded a Seal of Excellence quality label under the Horizon 2020 or the Horizon Europe programme, shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled.
2. The eligible activities of the aided research and development project or feasibility study shall be those defined as eligible under the Horizon 2020 or the Horizon Europe programme rules, excluding activities going beyond experimental development activities.
3. The categories, maximum amounts and methods of calculation of eligible costs of the aided research and development project or feasibility study shall be those defined as eligible under the Horizon 2020 or Horizon Europe programme rules.
4. The maximum aid amount shall not exceed EUR 2,5 million per SME per research and development project or feasibility study.
5. The total public funding provided for each research and development project or feasibility study shall not exceed the funding rate set out for that research and development project or feasibility study under the Horizon 2020 or under the Horizon Europe programme rules.
Article 25b
Aid for Marie Skłodowska-Curie actions and ERC Proof of Concept actions
1. Aid for Marie Skłodowska-Curie actions and ERC Proof of Concept actions awarded a Seal of Excellence quality label under the Horizon 2020 or the Horizon Europe programme shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled.
2. The eligible activities of the aided action shall be those defined as eligible under the Horizon 2020 or the Horizon Europe programme rules.
3. The categories, maximum amounts and methods of calculation of eligible costs of the aided action shall be those defined as eligible under the Horizon 2020 or Horizon Europe programme rules.
4. The total public funding provided for each aided action shall not exceed the maximum level of support provided for in the Horizon 2020 or the Horizon Europe programme.
Article 25c
Aid involved in co-funded research and development projects
1. Aid provided to a co-funded research and development project or a feasibility study (including research and development projects implemented under a European institutionalised Partnership based on Article 185 or Article 187 of the Treaty or a programme co-fund action, as defined in the Horizon Europe programme rules) which is implemented by at least three Member States, and evaluated, ranked and selected by independent experts following trans-national calls in line with the Horizon 2020 or Horizon Europe programme rules, shall be compatible with the C 170/12 EN Offi cial Jour nal of the European Union 18.5.2020
internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled.
2. The eligible activities of the aided research and development project or feasibility study shall be those defined as eligible under the Horizon 2020 or the Horizon Europe programme rules, excluding activities going beyond experimental development activities.
3. The categories, maximum amounts and methods of calculation of eligible costs shall be those defined as eligible under the Horizon 2020 or the Horizon Europe programme rules.
4. The total public funding provided shall not exceed the funding rate established for the research and development project or feasibility study following the selection, ranking and evaluation under the Horizon 2020 or Horizon Europe programme rules.
5. The funding provided by the Horizon 2020 or Horizon Europe programme shall cover at least 30 % of the total eligible costs of a research and innovation action or an innovation action as defined under the Horizon 2020 or Horizon Europe programme.
Article 25d
Aid for Teaming actions
1. Aid provided to co-funded Teaming actions, involving at least 2 Member States and evaluated, ranked and selected by independent experts following transnational calls under the Horizon 2020 or the Horizon Europe programme rules, shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled.
2. The eligible activities of the co-funded Teaming action shall be those defined as eligible under the Horizon 2020 or Horizon Europe programme rules, excluding, where applicable, activities going beyond experimental development activities.
3. The categories, maximum amounts and methods of calculation of eligible costs shall be those defined as eligible under the Horizon 2020 or the Horizon Europe programme rules. In addition, investment costs in project-related tangible and intangible assets shall be eligible.
4. The total public funding provided shall not exceed the funding rate established for the Teaming action following the selection, ranking and evaluation under the Horizon 2020 or the Horizon Europe programme rules. In addition, for investments in project related tangible and intangible assets the aid shall not exceed 70 % of the investment costs.
5. For investment aid for infrastructures under a Teaming action the following additional conditions shall apply:
(a) where the infrastructure pursues both economic and non-economic activities, the financing, costs and revenues of each type of activity shall be accounted for separately on the basis of consistently applied and objectively justifiable cost accounting principles;
(b) the price charged for the operation or use of the infrastructure shall correspond to a market price;
(c) access to the infrastructure shall be open to several users and be granted on a transparent and non-discriminatory basis. Undertakings which have financed at least 10 % of the investment costs of the infrastructure may be granted preferential access under more favourable conditions. In order to avoid overcompensation, such access shall be proportional to the undertaking’s contribution to the investment costs and these conditions shall be made publicly available;
(d) where the infrastructure receives public funding for both economic and non-economic activities, Member States shall put in place a monitoring and claw-back mechanism in order to ensure that the applicable aid intensity is not exceeded as a result of an increase in the share of economic activities compared to the situation envisaged at the time of awarding the aid.’; 18.5.2020 EN Offi cial Jour nal of the European Union C 170/13
(18) The following Section 16 is inserted after Article 56c:
‘Section 16
Aid involved in financial products supported by the InvestEU Fund
Article 56d
Scope and common conditions 1. This Section shall apply to aid involved in financial products supported by the InvestEU Fund that provide aid to implementing partners, financial intermediaries and/or final beneficiaries. 2. The aid shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in Chapter I, this Article, and either Article 56e or Article 56f are fulfilled. 3. The aid shall comply with all applicable conditions laid down in the [InvestEU Fund] Regulation [reference] and the InvestEU Investment Guidelines [reference]. 4. The maximum thresholds laid down in Articles 56e and 56f shall apply to the total outstanding financing, in so far as that financing contains aid, provided under any financial product supported by the InvestEU Fund. The maximum thresholds shall apply: (a) per project in the case of aid covered by Article 56e(2) and (3), Article 56e(4)(a)(i), Article 56e(5) and (6), Article 56e(7)(a) and (b) and Article 56e(8); (b) per final beneficiary in the case of aid covered by Article 56e(4)(a)(ii) and (iii), Article 56e(7)(d), Article 56e(9) and Article 56f. 5. Aid shall not be granted in the form of refinancing of or guarantees on existing portfolios of financial intermediaries.
Article 56e
Conditions for aid involved in financial products supported by the InvestEU Fund 1. Aid to the final beneficiary under a financial product supported by the InvestEU Fund shall comply with (a) the conditions set out in one of paragraphs 2 to 9; and (b) in case the financing is provided in the form of loans to the final beneficiary, it shall have an interest rate that corresponds at least to the base rate of the reference rate applicable at the time of the granting of the loan. 2. Aid for trans-European digital connectivity infrastructure shall comply with the following requirements: (a) General cumulative conditions: (i) The project is a project of common interest in the area of digital connectivity infrastructure under the Regulation (EU) [...]/[...] (CEF2 Regulation); (ii) The nominal amount of total financing provided to any final beneficiary per project under the support of the InvestEU Fund shall not exceed EUR 100 million; (iii) The beneficiary provides a financial contribution of at least 25 % of the eligible costs through its own resources or by external financing in a form that is exempted of any public financial support. Alternatively when such external financing is provided via an investment platform combining different sources of financing, this condition is replaced by the presence in such a platform of 30 % of private investment; (iv) Only eligible investment costs under the Regulation (EU) [...]/[...] (CEF2 Regulation) for the deployment of the infrastructure are eligible for aid; (v) The project is selected in compliance with the Regulation (EU) [...]/[...] (CEF2 Regulation): i) by an independent financial intermediary appointed by the European Commission on the basis of commonly agreed investment guidelines; ii) by the European Commission through a competitive bidding process based on clear, transparent and non-discriminatory criteria; or iii) by independent experts appointed by the European Commission; (vi) The project enables connectivity capabilities going beyond the requirements relating to any existing legal obligations, such as those included in a spectrum license; C 170/14 EN Offi cial Jour nal of the European Union 18.5.2020
(vii) The project ensures third party open wholesale access including unbundling under fair, reasonable and non- discriminatory conditions in line with Article 52(5) and (6); for the purposes of this Article, a project may offer equivalent virtual unbundling instead of physical unbundling if the virtual access product is recognized as equivalent to physical unbundling by the national regulatory authority of a Member State or by the Commission;
(viii) The project falls under one of the categories of projects specified under subparagraph (b) below and fulfils the relevant specific conditions.
(b) Specific conditions:
(i) The following cumulative specific criteria shall apply for investments in networks capable of providing symmetric download and upload speeds of at least 1Gbps:
— The project aims to connect socioeconomic drivers as defined in article 8.3.(a) of the Regulation (EU) [...]/ [...] (CEF2 Regulation) that are public or private undertakings entrusted with the operation of services of general economic interest in the areas of education, social services including health, public administration, transport, postal services, culture, as referred to in Article 106(2) of the Treaty and in line with the Commission Decision 2012/21/EU or subsequent legal acts replacing said decision;;
— The project is based on an identified market failure verified by available appropriate mapping or, when such mapping is not available, by a public consultation;
— Eligible socioeconomic drivers can only be connected to the project infrastructure if they do not have access to infrastructure existing or credibly planned in the next three years or within the same time frame of the planned supported intervention that is capable of providing symmetric download and upload speeds of at least 200 Mbps or a download speed of at least 500 Mbps.
— The project demonstrates a step change, in that if, as a result of the subsidised intervention, (i) a significant new investment in the broadband network is undertaken and (ii) the subsidised infrastructure brings significant new capabilities to the market in terms of broadband service availability and capacity, speeds and competition compared to infrastructure existing or credibly planned in the next three years or within the same time frame of the planned supported intervention. For a project to be considered to bring significant new investments, these investments must go beyond marginal investments related merely to the upgrade of the active components of the network. With regard to the demonstration of significant new capabilities to the market in terms of broadband service availability and capacity, speeds and competition, the subsidised infrastructure shall (i) ensure at least a doubling of download and upload speeds compared to existing and/or planned infrastructure and (ii) be capable of providing symmetric download and upload speeds of at least 1Gbps.
— Aid shall not be granted for projects that include areas where two NGA/NGN networks are present or are credibly planned in the next three years or within the same time frame of the planned supported intervention or that include areas where at least one very high-capacity network capable of providing symmetric download and upload speeds of at least 1Gbps is present or is credibly planned within the next three years or within the same time frame of the planned supported intervention.
(ii) The following cumulative specific criteria shall apply to cross-border investments in the deployment of 5G corridors along major transport paths:
— The project ensures uninterrupted cross-border coverage in a 5G corridor along major transport routes, including roads, rail and inland waterways, as defined in the Regulation (EU) [...]/[...] (CEF2 Regulation);
— The project consists of a cross-border section as defined under the Regulation (EU) [...]/[...] (CEF2 Regulation) which (i) involves at least two Member States by crossing the border between two or more Member States, or (ii) crosses the border of at least one Member State and a European Economic Area country;
— The project ensures a significant new investment in the broadband network going beyond marginal investments related merely to the upgrade of the active components of the network. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/15
— The project supports the deployment of new passive infrastructure only if existing passive infrastructure cannot be reused.
(iii) The following cumulative specific criteria shall apply to cross-border terabit backbone projects interconnecting certain computing facilities, supercomputing facilities and data infrastructure as defined below:
— The project supports the interconnection with unconstrained end to end connectivity of a minimum of 1Tbps, either by direct connection or by deploying those elements necessary to join a pan-European backbone, of at least two computing facilities, supercomputing facilities or data infrastructures i) that participate in the European High Performance Computing Joint Undertaking established under Council Regulation (EU) 2018/1488 (Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking ST/10594/2018/INIT, OJ L 252, 8.10.2018, p. 1–34), research infrastructures, research flagships and missions defined under Regulation (EU) […]/[…] (Horizon Europe Regulation) and Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p. 1.); and ii) which are located in at least two EU Member States or an EU Member State and a member of the European Research Area;
— The project ensures a significant new investment in the broadband network going beyond marginal investments, such as investments related to mere software upgrades or licensing;
— The project is implemented through the purchase of capacity and/or equipment carried out through public procurement;
— The project supports the deployment of new passive infrastructure only if existing passive infrastructure cannot be reused.
(iv) The following cumulative specific criteria shall apply to cross-border cross backbone networks projects interconnecting cloud infrastructures:
— The project interconnects the cloud infrastructures of socioeconomic drivers as defined in article 8.3.(a) of the Regulation (EU) [...]/[...] (CEF2 Regulation) that are public or private undertakings entrusted with the operation of services of general economic interest in the areas of education, social services including health, public administration, transport, postal services, culture, as referred to in Article 106(2) of the Treaty and in line with the Commission Decision 2012/21/EU (*) or subsequent legal acts replacing said decision;
— The project consists of the deployment of new cross-border backbone networks or a significant upgrade of existing ones that (i) involve at least two Member States by crossing the border between two or more Member States or (ii) cross the border between at least one Member State and a European Economic Area country;
— The project covers at least three entities among eligible socioeconomic drivers operating in a different Member State than the others;
— The project ensures a significant new investment in the broadband network going beyond marginal investments, such as investments related to mere software upgrades or licensing. The project shall be capable of providing symmetric download and upload speeds of at least multiples of 10Gbps;
— The project supports the deployment of new passive infrastructure only if existing passive infrastructure cannot be reused.
(v) The following cumulative specific criteria shall apply to investment in cross-border submarine cables:
— The project consists of cross-border sections as defined under the Regulation (EU) [...]/[...] (CEF2 Regulation) which (i) involve at least two Member States by crossing the border between two or more Member States, or (ii) cross the border of at least one Member State and a European Economic Area country. Alternatively, the supported infrastructure is a wholesale only network and improves the connectivity of European outermost regions or overseas territories, even within a single Member State. C 170/16 EN Offi cial Jour nal of the European Union 18.5.2020
— Aid shall not be granted for projects in routes served already by two existing or planned backbone infrastructures.
— The project ensures a significant new investment in the broadband network, by rolling-out a new submarine cable or connection to an existing submarine cable, addressing redundancy issues and going beyond marginal investments. The project shall be capable of providing symmetric download and upload speeds of at least 1Gbps.
— The project supports the deployment of new passive infrastructure only if existing passive infrastructure cannot be reused.
3. Aid for energy generation and energy infrastructure shall comply with the following requirements:
(a) aid shall only be granted for investments in energy infrastructure in gas and electricity that is subject to third party access, tariff regulation and unbundling in line with the internal energy market legislation for the following categories of projects:
(i) as regards energy storage, projects included in the Union list of Projects of Common Interest in Annex VII of Regulation (EU) No 347/2013 of the European Parliament and of the Council (*);
(ii) as regards energy infrastructure projects other than storage:
— smart grids;
— projects, which fulfil any of the criteria laid down in Article 4(1)(c) of Regulation (EU) No 347/2013;
— projects included in the Union list of Projects of Common Interest in Annex VII to Regulation (EU) No 347/2013;
— projects in assisted areas;
(b) investment aid for generation of energy from renewable energy sources shall comply with the following requirements:
(i) aid shall only be granted for new installations selected on a competitive, transparent, objective and non- discriminatory basis;
(ii) aid shall not be granted for hydropower installations that do not comply with the conditions laid down in Directive 2000/60/EC (**);
(iii) in case of installations producing biofuels, aid shall only be granted for installations producing sustainable biofuels other than food based biofuels.
(c) The nominal amount of total financing provided to any final beneficiary per project referred to in point (a) of this paragraph under the support of the InvestEU Fund shall not exceed EUR 150 million. The nominal amount of total financing provided to any final beneficiary per project referred to in point (b) of this paragraph under the support of the InvestEU Fund shall not exceed EUR 75 million.
4. Aid for social, educational, cultural and natural heritage infrastructure and activities shall comply with the following requirements:
(a) the nominal amount of total financing provided to any final beneficiary under the support of the InvestEU Fund shall not exceed:
(i) EUR 100 million per project for investments in infrastructure used for the provision of social services, for education or for cultural purposes and activities set out in Article 53(2), including natural heritage;
(ii) EUR 30 million for the activities related to social services and culture;
(iii) EUR 5 million for education and training.
(b) aid shall not be granted for training aimed at complying with mandatory national training requirements. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/17
5. Aid for transport and transport infrastructures shall comply with the following requirements:
(a) aid for infrastructure, except ports, shall be provided only to the following projects:
(i) projects of common interest as defined in point (a) of Article 3 of Regulation (EU) No 1315/2013, except for projects concerning port or airport infrastructure;
(ii) connections to Trans-European transport network urban nodes;
(iii) rolling stock only for the provision of rail transport services not covered by a public service contract within the meaning of Regulation (EC) No 1370/2007 (***), provided the beneficiary is a new entrant;
(iv) urban transport;
(v) alternative fuel infrastructure or zero/low emission mobility infrastructure.
(b) aid for port infrastructure projects shall comply with the following requirements:
(i) aid may only be provided for investments in access infrastructure and port infrastructure that are made available to interested users on an equal and non-discriminatory basis on market terms;
(ii) any concession or other entrustment to a third party to construct, upgrade, operate or rent aided port infrastructure shall be assigned on a competitive, transparent, non-discriminatory and unconditional basis;
(iii) aid shall not be granted for investments in port superstructures.
(c) The nominal amount of total financing provided under points (a) or (b) of this paragraph to any final beneficiary per project under the support of the InvestEU Fund shall not exceed EUR 150 million.
6. Aid for other infrastructures shall comply with the following requirements:
(a) aid shall be provided only to the following projects:
(i) investment in water supply and waste water infrastructure for the general public;
(ii) investment in waste recycling and preparation for re-use in line with Article 47(1) to (6) of this Regulation, insofar as it is aimed at managing waste generated by other undertakings;
(iii) investment in research infrastructure;
(iv) investment in the construction or upgrade of innovation cluster facilities;
(b) the nominal amount of total financing provided to any final beneficiary per project under the support of the InvestEU Fund shall not exceed EUR 100 million.
7. Aid for environmental protection, including climate protection, shall comply with the following requirements:
(a) aid shall be provided only to the following projects:
(i) investments enabling undertakings to remedy or prevent damage to physical surroundings (including climate change) or natural resources by a beneficiary’s own activities, insofar as the investment goes beyond Union standards for environmental protection or increases the level of environmental protection in the absence of Union standards or constitutes an early adaptation to future Union standards for environmental protection;
(ii) measures improving the energy efficiency of an undertaking, insofar as the energy efficiency improvements are not undertaken to ensure that the undertaking complies with Union standards already adopted, even if they are not yet in force;
(iii) remediation of contaminated sites, insofar as no legal or physical person liable for the environmental damage under the applicable law is identified in line with the “polluter pays” principle as referred to in Article 45(3);
(iv) environmental studies;
(v) enhancement and restoration of biodiversity and ecosystems where that activity contributes to protecting, conserving or restoring biodiversity and to achieving the good condition of ecosystems, or to protecting ecosystems that are already in good condition. C 170/18 EN Offi cial Jour nal of the European Union 18.5.2020
(b) insofar as the aid measure relates to measures improving the energy efficiency in residential buildings and buildings dedicated to the provision of activities related to social services, it may also be granted for measures that simultaneously improve the energy efficiency of the residential building and integrate installations generating renewable energy on-site the residential building concerned by the energy efficiency aid measure, subject to the following conditions:
(i) the integrated on-site renewable energy generating installation relates to production of electricity and/or heat; it may be combined with storage equipment;
(ii) the output of the installation generating renewable energy on-site shall not exceed by more than 20 % the overall aggregated consumption demand of the building residents;
(iii) the installed capacity of the installation generating renewable energy shall not exceed 500 kW;
(iv) the final beneficiary of the aid may be either the owner of the building or a tenant;
(c) the nominal amount of total financing provided to any final beneficiary per project referred to in points (a) and (b) of this paragraph under the support of the InvestEU Fund shall not exceed EUR 50 million;
(d) aid for measures that improve the energy efficiency of buildings may also relate to the facilitation of energy performance contracts subject to the following conditions:
(i) the nominal amount of total financing provided per final beneficiary under the support of the InvestEU Fund does not exceed EUR [30] million;
(ii) the support takes the form of loan or guarantee;
(iii) the support is provided to SMEs or small mid-caps;
(iv) the support is provided only for energy performance contracting within the meaning of Article 2(27) of Directive 2012/27/EU on energy efficiency (****).
8. Aid for research, development, innovation and digitalisation shall comply with the following requirements:
(a) aid may be granted for:
(i) fundamental research;
(ii) industrial research;
(iii) experimental development;
(iv) process or organisational innovation for SMEs;
(v) innovation advisory services and innovation support services for SMEs;
(vi) digitalisation for SMEs;
(b) for projects falling under points (i), (ii) and (iii) of point (a) of this paragraph, the nominal amount of total financing provided to any final beneficiary per project under the support of the InvestEU Fund shall not exceed EUR 75 million. For projects falling under points (iv), (v) and (vi) of point (a) of this paragraph, the nominal amount of total financing provided to any final beneficiary per project under the support of the InvestEU Fund shall not exceed EUR [30] million.
9. SMEs or small mid-caps may, besides compatibility grounds provided for in paragraphs (2) to (8) of this Article, also receive aid in the form of financing supported by the InvestEU Fund provided that:
(a) the nominal amount of total financing provided per final beneficiary under the support of the InvestEU Fund does not exceed EUR 15 million and is provided to:
(i) microenterprises;
(ii) SMEs that have not yet been operating in any market or have been operating for less than 7 years following their first commercial sale; 18.5.2020 EN Offi cial Jour nal of the European Union C 170/19
(iii) SMEs entering a new product or geographical market, where the initial investment for entering into a new product or geographical market must be higher than 50 % of the average annual turnover in the preceding 5 years; (iv) innovative enterprises; (v) SMEs or small mid-caps whose principal activities are located in assisted areas provided that the financing is not used for relocation of activities as defined in Article 2(61a); or (b) the nominal amount of total financing provided per final beneficiary under the support of the InvestEU Fund does not exceed EUR 2 million.
Article 56f
Conditions for aid involved in commercially-driven financial products supported by the InvestEU Fund 1. Financing to the final beneficiaries shall be provided by commercial financial intermediaries which shall be selected in an open, transparent and non-discriminatory way based on objective criteria. 2. The commercial financial intermediary that provides financing to the final beneficiary shall retain a minimum risk exposure of 20 % of each financing transaction. 3. The nominal amount of total financing provided to each final beneficiary by the commercial financial intermediary shall not exceed EUR 7,5 million.
______(*) Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39). (**) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ L […]. […], p. […]). (***) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1). (****) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).’
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, …
For the Commission The President Ursula VON DER LEYEN C 170/20 EN Offi cial Jour nal of the European Union 18.5.2020
Non-opposition to a notified concentration (Case M.9833 – KKR/Viridor)
(Text with EEA relevance)
(2020/C 170/02)
On 6 May 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 32020M9833. EUR-Lex is the online access to European law.
(1) OJ L 24, 29.1.2004, p. 1. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/21
IV
(Notices)
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
EUROPEAN COMMISSION
Euro exchange rates (1) 15 May 2020
(2020/C 170/03)
1 euro =
Currency Exchange rate Currency Exchange rate
USD US dollar 1,0798 CAD Canadian dollar 1,5231 JPY Japanese yen 115,53 HKD Hong Kong dollar 8,3693 DKK Danish krone 7,4576 NZD New Zealand dollar 1,8145 GBP Pound sterling 0,88738 SGD Singapore dollar 1,5397 KRW South Korean won 1 332,60 SEK Swedish krona 10,6695 ZAR South African rand 20,0761 CHF Swiss franc 1,0513 CNY Chinese yuan renminbi 7,6759 ISK Iceland króna 157,50 HRK Croatian kuna 7,5693 NOK Norwegian krone 11,0568 IDR Indonesian rupiah 16 127,82 BGN Bulgarian lev 1,9558 MYR Malaysian ringgit 4,6982 CZK Czech koruna 27,589 PHP Philippine peso 54,778 HUF Hungarian forint 354,70 RUB Russian rouble 79,6208 PLN Polish zloty 4,5650 THB Thai baht 34,656 RON Romanian leu 4,8400 BRL Brazilian real 6,3172 TRY Turkish lira 7,4689 MXN Mexican peso 25,8966 AUD Australian dollar 1,6805 INR Indian rupee 81,9885
(1) Source: reference exchange rate published by the ECB. C 170/22 EN Offi cial Jour nal of the European Union 18.5.2020
COURT OF AUDITORS
Special Report 12/2020 The European Investment Advisory Hub – Launched to boost investment in the EU, the Hub’s impact remains limited
(2020/C 170/04)
The European Court of Auditors hereby informs you that Special Report 12/2020 ‘The European Investment Advisory Hub – Launched to boost investment in the EU, the Hub’s impact remains limited’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu 18.5.2020 EN Offi cial Jour nal of the European Union C 170/23
NOTICES FROM MEMBER STATES
NATIONAL EXEMPTIONS FOR GAMBLING SERVICE PROVIDERS FROM NATIONAL PROVISIONS TRANSPOSING DIRECTIVE (EU) 2015/849 (AMLD) List of Member States who have decided to exempt providers of certain gambling services from national provisions transposing Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing
(2020/C 170/05)
If a Member State decides to exempt, in full or in part, providers of certain gambling services from national provisions transposing this Directive, it shall notify the Commission of this decision, together with a justification based on a specific risk assessment. A Member State may give or revoke such a notification at any time. The Commission shall communicate such decisions to the other Member States
The Member States that have notified the Commission of such decisions, by March 2020, are:
Member State Exempted gambling services provider[s]
Belgium According to Article 5.1 of Law on prevention of money laundering and terrorism financing of 18 September 2017: the National Lottery,
Czechia In accordance with Act No 253/2008 of 5 June 2008 on selected measures against legitimisation of the proceeds of crime and the financing of terrorism: — Bingo games or tombola — Monetary lotteries — Material lotteries — Instant and/or numerical lotteries
Denmark Pursuant to Article 1(5) of Act No 651, 8 June 2017 on the prevention of Money Laundering and Terrorist Financing and Notice of partial exemption of certain games from money laundering laws of 26 June 2017: — Local pool betting — Bingo games — Tombola — Gaming machines offering cash winnings — Lotteries, Klasselotteriet (‘class lotteries’) and non-profit lotteries — Land based poker — Online Bingo — Manager games — Competitions where participation is through SMS or similar
Estonia As defined in § 6 Estonian Gambling Act of 15 October 2008, in accordance with the Money Laundering and Terrorist Financing Prevention Act of 26 October 2017: — Commercial lotteries
Finland In accordance with Chapter 1 Section 3(4) of the Law on the prevention of money laundering and terrorist financing of 28 June 2017 (444/2017): — Slot machines kept outside of casinos
Germany As referred to in Section 2 para. 1 Nr. 15 of the Act on the Detection of Profits from Serious Criminal Offences of 2017 (‘Money Laundering Act’): — Totalisators when operated by associations, pursuant to Section 1 of the Race Betting and Lotteries Act — Bingo games — Gaming machines outside casinos pursuant to Section 33c of the Industrial Code — Lotteries permitted by state law and social lotteries C 170/24 EN Offi cial Jour nal of the European Union 18.5.2020
Member State Exempted gambling services provider[s] Ireland As defined in Section 25(8) of the Criminal Justice (Money Laundering and Terrorist Financing) Act of 2010, as amended, and Regulation 3 of Statutory instrument 487/2018: — Bingo games — Gaming and amusement arcades — Lotteries — Land based poker Sweden In accordance with Article 20 of the Measures Against Money Laundering and Financing of Terrorism Act (SFS 2017:630) and Guidelines for the Swedish Gambling Authority’s regulations and general advice: 2017:2 — Bingo games operated with the approval from the Gambling Authority according to the second sentence of the first subparagraph of Article 42 of the Lottery Act (1994:1000), — Goods gaming machines, — Cash gaming machines and token machines that are operated and according to a permit under Article 26 of the Lottery Act, — Lotteries carried out in accordance with a permit or registration under Articles 16 and 17 of the Lottery Act, and that are arranged by associations that are primarily active within just one municipality, or, where the lotteries are operated within multiple municipalities, within one region, — Lotteries operated in under a permit in accordance with Article 16 of the Lottery Act, and that are being carried out in more than one region, and — ‘True lotteries’ according to Article 4 of the Lottery Act, that are operated with a permit under Article 45 of the Lottery Act, and that are distributed via an agent, — Roulette, dice and card games, operated in accordance with Articles 32 of the Lottery Act) 18.5.2020 EN Offi cial Jour nal of the European Union C 170/25
V
(Announcements)
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
EUROPEAN COMMISSION
Prior notification of a concentration (Case M.9666 – Deutsche Asphalt/KEMNA BAU Andrae/Heideasphalt) Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 170/06)
1. On 8 May 2020, 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: — Deutsche Asphalt GmbH (‘Deutsche Asphalt’, Germany), controlled by STRABAG SE (‘STRABAG group’, Austria) — KEMNA BAU Andrae GmbH & Co. KG (‘KEMNA BAU’, Germany) — Heideasphalt GmbH & Co. KG (‘Heideasphalt’), a joint venture to be newly created in Germany
Deutsche Asphalt and KEMNA BAU acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Heideasphalt.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.
2. The business activities of the undertakings concerned are: — STRABAG is a global construction group and is active in all areas of the construction industry, especially in transportation infrastructures, building, engineering,track and railway construction, construction related services (facility management) and raw and building material extraction and trading. Through Deutsche Asphalt in particular, it is active in the production of various types of asphalt for asphalt base courses, asphalt binder courses and asphalt surface courses. — KEMNA BAU is active in various market stages of traffic route construction. In particular, it is active in the extraction of raw materials by means of quarries and gravel works, in the production and distribution of asphalt mix as well as in the construction (asphalt road construction, concrete construction for special trades, paving). In addition, it is involved in earthworks, sewerage, landfill and railway construction, building repair work and the manufacture of in-situ concrete protective walls. — Heideasphalt will operate an asphalt mixing plant in Wittingen, currently operated by Deutsche Asphalt.
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.
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). C 170/26 EN Offi cial Jour nal of the European Union 18.5.2020
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.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9666 – Deutsche Asphalt/KEMNA BAU Andrae/Heideasphalt
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
(2) OJ C 366, 14.12.2013, p. 5. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/27
OTHER ACTS
EUROPEAN COMMISSION
Publication of an application for approval of an amendment, which is not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs
(2020/C 170/07)
This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.
APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF A PROTECTED DESIGNATION OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATION WHICH IS NOT MINOR
Application for approval of an amendment in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012
‘PECORINO SICILIANO’
EU No: PDO-IT-0019-AM01 – 4.6.2018
PDO (X) PGI ( )
1. Applicant group and legitimate interest Nuovo Consorzio di Tutela del Pecorino Siciliano (New Association for the Protection of Pecorino Siciliano)
Head office at: Via dell’Amicizia, 26 Poggioreale (TP) ITALIA Email: [email protected] Certified email: [email protected] The Nuovo Consorzio di Tutela del Pecorino Siciliano is made up of ‘Pecorino Siciliano’ producers and is authorised to submit an application for amendment in accordance with Article 13(1) of Ministry of Agricultural, Food and Forestry Policy Decree No 12511 of 14 October 2013.
2. Member State or Third Country Italy
3. Heading in the product specification affected by the amendment(s) Name of product Description of product Geographical area Proof of origin
(1) OJ L 343, 14.12.2012, p. 1. C 170/28 EN Offi cial Jour nal of the European Union 18.5.2020
Method of production Link Labelling Other: Articles not included in the existing specification are listed below: proof of origin, link with the geographical area, checks
4. Type of amendment(s) Amendment to the product specification of a registered PDO or PGI not to be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. Amendment 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) It should be noted that the amendment to the specification for the PDO ‘Pecorino Siciliano’ is aimed above all at consolidating the specification into a single document. Pecorino Siciliano was registered as a PDO in Regulation (EC) No 1107/96 of 26 June 1996, in accordance with Article 17 of Regulation (EC) 2081/92. The registration was obtained on the basis of the following documents: Presidential Decree No 1269 of 30 October 1955, which recognised denominations of origin in Italy, a 19-page document entitled ‘Pecorino Siciliano D.O.P.’, and the summary sheet.
Description of the product The ‘Tuma’ and ‘Primo sale’ types, which were placed on the market immediately after production and after approximately 10 days, respectively, no longer meet commercial needs, since in recent years the market has demanded a product with a minimum maturation. Accordingly, this amendment is to establish a minimum maturation period of 20 days, abolishing the abovementioned types and introducing the ‘Fresco’ type. This is necessary to allow ‘Pecorino Siciliano’ to take on characteristics which distinguish it from other types of sheep’s cheeses made from pasteurised milk. The minimum ageing period is necessary to allow the indigenous lactic bacteria and their enzymes, the microorganisms found in raw milk and in the wooden vats used for curdling with rennet, to do their work. In addition to the ‘Fresco’ type, the ‘Secondo sale’ type is renamed ‘Semistagionato’ in order to use terminology that is easier for consumers to understand and to distinguish the product based on the maturation period. The characteristics of the various types of products are specified and described in more depth, detailing the parameters relating to the maturation and ageing, form, dimensions, weight, characteristics of the rind and of the paste, organoleptic characteristics and the fat content. The heel height and maximum weight of each cheese have been amended slightly. The heel height, set at 10 to 18 cm in the current specification, has been amended to 10 to 25 cm. The weight, set at 4 to 12 kg in the current specification, has been amended to 3 to 14 kg. These modifications have been made in response to requests from certain small cheese-makers, who have stressed the need for greater flexibility in order to adapt cheese production to the amount of milk available. The restriction on production from June to October has been lifted. The lifting of the restriction is therefore a response to clear demands from producers, who are requesting the right to produce Pecorino Siciliano PDO also in summer. In fact, almost all sheep breeds kept in Sicily today lend themselves easily to seasonal production. Sheep’s milk is produced almost year round in Sicily, peaking in spring and falling in summer. The availability of milk in summer therefore allows ‘Pecorino Siciliano’ to be produced in the same season, especially the ‘Fresco’ and ‘Stagionato’ types, which are most in demand from consumers in summer, above all the tourists who arrive on the island en masse in search of typical Sicilian products. Therefore, the former wording: ‘In its classic form, “Pecorino Siciliano” has flat or slightly concave sides and bears the imprint of the basket; the heel height varies from 10 to 18 cm, the weight from 4 to 12 kg, with variations in both characteristics depending on production techniques. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/29
“Tuma”: Table cheese, sweet in taste due to the high lactose content, that has not yet undergone fermentation. It is consumed immediately after production.
“Primo Sale”: Table cheese, lightly and briefly cured with fine dry salt. It is consumed up to approximately 10 days after production. The nascent release of amino acids due to the initial degradation of the casein leaves space for the milk’s original components, giving it a pleasant taste.
“Secondo Sale”: Consistently sweet and flavourful cheese for table and grating, reminiscent of the species of its provenance, cured with dry salt or by soaking in saturated brine.
It is consumed between 45 and 90 days of its production.
The essentially delicate organoleptic characteristics arise from the amalgam of the amino acids, the products of the incipient degradation of lipids and the original components of the milk.
“Stagionato”: This is the classic “Pecorino Siciliano”, whose characteristics distinguish it from the other matured pecorino cheeses produced in Italy. It is fully matured within 4 to 6 months of its production. Cheese for grating with a granular structure.’
now reads:
‘Description of the product
2.1. When released for consumption, “Pecorino Siciliano” PDO is a cylindrical cheese with flat surfaces or slightly concave surfaces when larger.
2.2. “Pecorino Siciliano” PDO cheese, released for consumption in the types “Fresco” [“Fresh”], “Semistagionato” [“Semi-mature”] and “Stagionato” [“Mature”], has the following characteristics:
“Fresh”
— ripeness: 20 to 30 days
— shape: cylindrical, with flat, or when larger slightly concave, surfaces;
— dimensions the diameter of the flat sides must be between 10 and 20 cm and the height of the heel between 10 and 20 cm;
— weight: between 3 and 5 kg, depending on the size of the cheese;
— surfaces: no rind, white or straw yellow outer layer, visible marks from the basket in which it has been made;
— body: white or straw yellow in colour, sometimes with black peppercorns, compact, with few eyes;
— smell: characteristic of sheep’s cheese;
— taste: sweet with a marked pasture smell, lightly spiced in the case of the “Pepato” type. No farmyard smell;
— percentage of fat: not less than 40 % of dry matter;
“Semistagionato”
— ageing: from 45 to 90 days
— shape: cylindrical, with flat, or when larger slightly concave, surfaces;
— dimensions the diameter of the flat sides must be between 10 and 20 cm and the height of the heel between 10 and 20 cm;
— weight: between 3 and 5 kg, depending on the size of the cheese;
— surfaces: slight straw yellow crust, visible marks from the basket in which it has been made;
— body: straw yellow to deep yellow in colour, sometimes with black peppercorns, compact, with few eyes;
— smell: characteristic of sheep’s cheese;
— taste: sweet with a marked pasture smell, lightly spiced in the case of the “Pepato” type. No farmyard smell;
— percentage of fat: not less than 40 % of dry matter; C 170/30 EN Offi cial Jour nal of the European Union 18.5.2020
“Stagionato” — ageing: at least 120 days — shape: cylindrical, with flat, or when larger slightly concave, surfaces; — dimensions the diameter of the flat sides must be between 15 and 30 cm and the height of the heel between 15 and 25 cm; — weight: between 6 and 14 kg, depending on the size of the cheese; — surfaces: yellowish crust, visible marks from the basket in which it has been made — body: straw yellow in colour, compact, with few eyes; — smell: characteristic of sheep’s cheese; — taste: characteristically spicy; — percentage of fat: not less than 40 % of dry matter.’
Method of production In the pre-existing specification, the information about the method of production is contained in the documents included above. The following article was thus drawn up, consolidating the information contained in the documents detailing the production method and adapting it to the current rules. The only amendment is the last paragraph codifying the maturation time for the ‘Fresco’, ‘Semistagionato’ and ‘Stagionato’ types, as they appear in the product description.
‘Article 5
METHOD OF PRODUCTION
Pecorino Siciliano PDO cheese is produced using raw, whole milk from sheep of various breeds and cross-breeds, from herds within the production area referred to in Article 3 of the specification.
The sheep are fed on natural and/or cultivated pasture, fresh fodder, hay and straw. Of these last two, at least 80 % of dry matter yearly comes from the production area identified in Article 4 of the Single Document. This may be supplemented with cereal grain, legumes and simple or complex concentrates. When feeding the sheep, it is forbidden to use any products derived from animals, plants, or parts (such as seeds) of trefoil, tapioca and cassava plants. Using silage and haylage is also banned.
The milk must come from one or two milkings and be processed within 24 hours of the first milking. Refrigerating the milk is therefore allowed, providing that the minimum values laid down in the existing relevant legislation are fully respected. The milk is filtered using the correct sieves and/or cloth filters, then heated, traditionally using steel or tinned copper boilers, to the maximum temperature of 40 °C and poured into a wooden vat. The lamb rennet is added to it while it is between 36 and 40 °C.
The rennet used for curdling the milk is taken from the abomasa of suckling lambs of breeds listed in the specification. It must be extracted within the production area referred to in Article 3 of the specification. Before it is used, the rennet is melted in warm water and then filtered. The amount of rennet used is between 10 and 30 grams per 100 litres of milk. The curdling time is between 40 and 50 minutes, in other words until the paddle in the wooden vat stays upright.
Once the curds have formed, they must be broken into very small lumps using a wooden stick, or paddle, which bulges at one end and breaks the curds up evenly to produce lumps the size of grains of rice. The liquid is separated by adding hot water at 70 to 90 °C as the curds are being broken up. The lumps of curds deposited at the bottom of the container are left to rest for 5 to 10 minutes, to let them bind together. Then the cheese is taken out of the vat, separated into blocks, placed in reed baskets and pressed by hand. It is during this stage that black peppercorns may be added to the “Fresco” and “Semistagionato” types. Black peppercorns must be treated beforehand with hot water at temperatures over 80 °C for a few seconds. The curds are then left inside the baskets for 1 to 2 hours, by which time ricotta is produced. The cheese is then cooked, with the whey sitting on top, for 3 to 4 hours inside the wooden vats. After they have been cooked underneath the whey, the cheeses are taken out of the reed baskets so they can be turned over and take on the characteristic imprint of the basket. As each cheese is turned over, a casein stamp is applied to it, to guarantee it is traceable. The casein stamps are oval, with a major axis of 10 cm and a minor axis of 6 cm. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/31
The cheeses are left to solidify at room temperature for 24 to 48 hours, then salted dry or in brine until they contain the optimum amount of salt. They are then left on shelves made of untreated wood, in rooms with temperatures between 14 °C and 18 °C and humidity over 75 %, for a period of 20 to 30 days in the case of “Fresco”, 60 to 90 days in the case of “Semistagionato” and at least 4 months in the case of “Stagionato”.’
Labelling
Anything concerning labelling has until now been regulated independently by the producers’ group. It has therefore been decided to add the following article, concerning labelling, to the specification. Adding rules on labelling to the specification, and establishing a logo for the designation, will allow consumers to identify the product quickly. They will also make promotional campaigns more efficient by providing them with a graphic common to all producers of ‘Pecorino Siciliano’ PDO.
‘Article 8
LABELLING AND PRESENTATION
“Pecorino Siciliano” PDO cheese is distinguished by the following:
(a) On the form:
“Pecorino Siciliano” PDO cheese can be sold whole and/or in pieces, in the types “Fresco”, “Semistagionato” and “Stagionato”. The producer’s specific mark (CE stamp) and the mark of the designation of origin (casein stamp) are present on cheeses of all three types. For “Stagionato” a third mark is added to these two, in the form of a brand.
For the “Fresco” type, the casein stamp must bear the words “Pecorino Siciliano” in black (CMYK = K100), size 20, Arial font, “D.O.P.” in black (CMYK = K100), size 15, Arial font, “Fresco” in black (CMYK = K100), size 14, Arial font, and the six-digit serial identification number (for example 999999) in black (CMYK = K100), size 62, Arial Bold font. Inside the oval, the Trinacria appears to the left of the serial number.
For the “Semistagionato” type, the casein stamp must bear the words “Pecorino Siciliano” in black (CMYK = K100), size 20, Arial font, “D.O.P.” in black (CMYK = K100), size 15, Arial font, “Semistagionato” in black (CMYK = K100), size 14, Arial font, and the six-digit serial identification number (for example 999999) in black (CMYK = K100), size 62, Arial Bold font. Inside the oval, the image of the Trinacria appears to the left of the serial number.
For the “Stagionato” type, the casein stamp must bear the words “Pecorino Siciliano” in black (CMYK = K100), size 20, Arial font, “D.O.P.” in black (CMYK = K100), size 15, Arial font, “Stagionato” in black (CMYK = K100), size 14, Arial font, and the five-digit serial identification number (for example 67150) in black (CMYK = K100), size 62, Arial Bold font. Inside the oval, the Trinacria appears to the left of the serial number. C 170/32 EN Offi cial Jour nal of the European Union 18.5.2020
The producer’s identification mark must be present on the same side of the cheese.
The brand required only for “Stagionato” takes the form of a circle with a diameter of 8 cm, with “Pecorino Siciliano” written inside in an arc, in black (CMYK = K100), size 30, Comic Sans font, and “D.O.P.” in black (CMYK = K100), size 30, Arial font. The Trinacria is in the centre. The identifying logo is branded on at least one of the cheese’s sides, only after it has been allowed to age for 120 days after the production date.
(b) On the packaging:
The packaging of all cheeses, whether whole or in pieces, bears a label with the identifying logo and the words “Pecorino Siciliano” PDO, as well as the information required by law. Pre-packaged pieces of the cheese must include part of the heel and/or the side of the cheese, as evidence of its origin. The label is not required if the product has been packaged at the point of sale and is therefore considered pre-packaged. It is also permitted to use indications and/or graphics that refer to names, trade names or collective or individual trademarks, provided that they are not laudatory in nature or likely to mislead the buyer. All the PDO producers are guaranteed access to the identifying logo.
The identifying logo on packaging must respect the following rules:
1. Show the full trademark;
2. In the outer section, along the length of the wavy outer circumference of the red (RGB = R160 G0 B0) crown in which they are located, the words “PECORINO SICILIANO” are written left to right, in white, Verdana Bold font.
3. In the inner part of the logo, over the circular white background, is a stylised image of a sheep’s head drawn in black (CMYK = K100);
4. Below this image are the words “D.O.P.” in black (CMYK = K100), Arial Bold font.
5. Maintaining the proportions and shapes
IDENTIFYING LOGO
’
Other
Link
The information in the documentation underlying the registration and in the summary sheet has been consolidated in order to bring the product specification into line with the requirements of Article 7 of Regulation (EU) No 1151/2012. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/33
‘Article 6
LINK WITH THE AREA
“Pecorino Siciliano” is a semi-cooked, pressed sheep’s cheese. The properties and organoleptic characteristics of the milk used to produce the cheese are closely linked to the pasture, which gives the milk a unique character that cannot be replicated elsewhere. Indeed, many scientific studies have shown how the pasture and its plants influence dairy products, affecting their chemical and aromatic composition. Furthermore, using solid rennet from Sicilian lambs gives the cheese its enzymatic makeup, which is responsible for aromas and flavours not found in other sheep’s cheeses. A historic but ingenious method of production, involving traditional instruments, some wooden, lends further to the special character that makes “Pecorino Siciliano” a unique product.
Sicily, which is characterised by the type of its landscape, is the ideal place for producing “Pecorino Siciliano”. The innermost part of the island is made up of uneven clay, chalk and limestone hills. The westernmost area of Sicily and the Aegadian Islands have clay and sandstone soils. The Aeolian Islands and the islands of Ustica and Pantelleria have volcanic soils. Plains on Sicily are alluvial and very cut off, with highly fertile soils with a high level of potassium. The natural and cultivated pastures found in this environment are rich in wild plants and local ecotypes, which determine the properties and composition of the milk, giving the final product its unique taste.
The climate in the production area for “Pecorino Siciliano” varies greatly from one area of the island to another, thanks to its latitude and distinctive topography. It is, however, a Mediterranean climate. Still, there are various microclimates owing to the juxtaposition of the mountains and the sea. In general, the coastal areas are hot, arid and always well ventilated, while inland the climate is temperate and humid. Rainfall is scarce on the coasts and plentiful in the higher country. It comes mostly in winter.
Sheep-rearing and cheese-making are ancient traditions in Sicily. Even today, rearing is done traditionally, in folds that provide the shelter needed for the animals’ well-being. This has positive effects on the quality of the milk they produce, which gives “Pecorino Siciliano” its distinctive character.
“Pecorino Siciliano” is inextricably linked to the island’s particular soil conditions, local fodder crops, production methods, indigenous sheep population and transformative atmosphere, home to certain omnipresent strains of microflora which have such an effect on the local cheese as to render it unique.
The origins of this cheese are lost in the mists of time. They go back to when every sheep farmer began turning his milk into “Pecorino Siciliano”, using the old techniques and above all the historic wooden equipment, namely the vat for curdling the milk and the wooden boards for ageing the cheese.
The production of this cheese therefore constitutes an undisputed and exclusive historic and cultural heritage in Sicily, as well as a solid and ever-growing source of commerce.’
The information contained in the documentation underlying the registration and in the summary sheet has been consolidated in order to bring the product specification into line with the requirements of Article 7 of Regulation (EU) No 1151/2012.
‘Article 4
PROOF OF ORIGIN
Each stage in the production process is monitored, with all inputs and outputs recorded. This guarantees the product is traceable, as does adding the producers and packagers to the appropriate lists managed by the inspection body, and promptly declaring to that body the quantities produced. All natural and legal persons recorded in the relevant lists are subject to checks by the inspection body, according to the terms of the specification and the corresponding inspection plan.’
A specific article on control not contained in the current specification has been introduced so as to bring it into line with the requirements of Article 7 of Regulation (EU) No 1151/2012. C 170/34 EN Offi cial Jour nal of the European Union 18.5.2020
‘Article 7
CHECKS
The check on the product’s compliance with the specification is carried out at a facility that complies with the rules set out in Regulation (EC) No 1151/2012. This facility is a public authority named: CoRFiLaC, s.p. 25 km 5 Ragusa – Mare. 97100 Ragusa, Italy, telephone +39 0932 660411
Fax +39 0932 660449 Email [email protected]’
SINGLE DOCUMENT
‘PECORINO SICILIANO’
EU No:PDO-IT-0019-AM01 – 4.6.2018
PDO (X) PGI ( )
1. Name(s) [of PDO or PGI] ‘Pecorino Siciliano’
2. Member State or Third Country Italy
3. Description of the agricultural product or foodstuff
3.1. Type of product Class 1.3. Cheeses
3.2. Description of product to which the name in (1) applies When released for consumption, ‘Pecorino Siciliano’ PDO is a cylindrical cheese with flat, or when larger slightly concave, surfaces, made from raw milk and semi-cooked. ‘Pecorino Siciliano’ PDO cheese, released for consumption in the types ‘Fresco’ [‘Fresh’], ‘Semistagionato’ [‘Semi- mature’] and ‘Stagionato’ [‘Mature’], has the following characteristics: ‘Fresh’ — ripeness: 20 to 30 days — shape: cylindrical, with flat, or when larger slightly concave, surfaces; — dimensions the diameter of the flat sides must be between 10 and 20 cm and the height of the heel between 10 and 20 cm; — weight: between 3 and 5 kg, depending on the size of the cheese; — surfaces: no rind, white or straw yellow outer layer, visible marks from the basket in which it has been made; — body: white or straw yellow in colour, sometimes with black peppercorns, compact, with few eyes; — smell: characteristic of sheep’s cheese; — taste: sweet with a marked pasture smell, lightly spiced in the case of the ‘Pepato’ type. No farmyard smell; — percentage of fat: not less than 40 % of dry matter; ‘Semistagionato’ — ageing: from 60 to 90 days — shape: cylindrical, with flat, or when larger slightly concave, surfaces; — dimensions the diameter of the flat sides must be between 10 and 20 cm and the height of the heel between 10 and 20 cm; 18.5.2020 EN Offi cial Jour nal of the European Union C 170/35
— weight: between 3 and 5 kg, depending on the size of the cheese;
— surfaces: slight straw yellow crust, visible marks from the basket in which it has been made;
— body: straw yellow to deep yellow in colour, sometimes with black peppercorns, compact, with few eyes;
— smell: characteristic of sheep’s cheese;
— taste: sweet with a marked pasture smell, lightly spiced in the case of the ‘Pepato’ type. No farmyard smell;
— percentage of fat: not less than 40 % of dry matter.
‘Stagionato’
— ageing: at least 120 days
— shape: cylindrical, with flat, or when larger slightly concave, surfaces;
— dimensions the diameter of the flat sides must be between 15 and 30 cm and the height of the heel between 15 and 25 cm;
— weight: between 6 and 14 kg, depending on the size of the cheese;
— surfaces: yellowish crust, visible marks from the basket in which it has been made
— body: straw yellow in colour, compact, with few eyes;
— smell: characteristic of sheep’s cheese;
— taste: characteristically spicy;
— percentage of fat: not less than 40 % of dry matter.
3.3. Feed (for products of animal origin only) and raw materials (for processed products only)
‘Pecorino Siciliano’ PDO cheese is made from raw, whole sheep’s milk, from various breeds and cross-breeds.
The sheep are fed on natural and/or cultivated pasture, fresh fodder, hay and straw. Of these last two, at least 80 % of dry matter yearly comes from the production area identified in Article 4 of the Single Document. This may be supplemented with cereal grain, legumes and simple or complex concentrates. When feeding the sheep, it is forbidden to use any products derived from animals, plants, or parts (such as seeds) of trefoil, tapioca and cassava plants. Using silage and haylage is also banned.
The rennet used for curdling the milk is taken from the abomasa of suckling lambs of breeds listed in the specification. It must be extracted within the defined production area.
3.4. Specific steps in production that must take place in the identified geographical area
All steps in production must take place in the defined geographical area.
3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to
‘Pecorino Siciliano’ PDO cheese can be sold whole and/or in pieces, in the types ‘Fresco’, ‘Semistagionato’ and ‘Stagionato’. Pre-packaged pieces of the cheese must include part of the heel and/or the side of the cheese, as evidence of its origin. The label is not required if the product has been packaged at the point of sale and is therefore considered pre-packaged.
3.6. Specific rules concerning labelling of the product the registered name refers to
The producer’s specific mark (CE stamp) and the mark of the designation of origin (casein stamp) are present on cheeses of all three types. For ‘Stagionato’ a third mark is added to these two, in the form of a brand.
The packaging of all cheeses, whether whole or in pieces, bears a label with the identifying logo and the words ‘Pecorino Siciliano’ PDO, as well as the information required by law. It is also permitted to use indications and/or graphics which refer to names, trade names or collective or individual trademarks, provided that they are not laudatory in nature or likely to mislead the buyer. C 170/36 EN Offi cial Jour nal of the European Union 18.5.2020
Apart from the additional designations attributed to the three different types (‘Fresco’, ‘Semistagionato’ and ‘Stagionato’), no terms other than those set out in this Single Document may be added to the designation ‘Pecorino Siciliano’. This includes the adjectives ‘extra’, ‘superiore’, ‘fine’, ‘scelto’ [‘choice’], ‘selezionato’ [‘selected’], etc. It is permitted to use indications which refer to names, trade names or trademarks which are not laudatory in nature or likely to mislead the buyer, as long as their dimensions are significantly smaller than those used for the PDO logo.
The designation ‘Pecorino Siciliano’ may not be translated.
4. Concise definition of the geographical area
The geographical area in which the sheep are reared, the milk is produced and the ‘Pecorino Siciliano’ is processed and aged covers the entire territory of the Region of Sicily.
5. Link with the geographical area
‘Pecorino Siciliano’ is a semi-cooked sheep’s cheese, produced using raw sheep's milk. The properties and organoleptic characteristics of the milk used to produce the cheese are closely linked to the pasture, which gives the milk a unique character that cannot be replicated elsewhere. Indeed, many scientific studies have shown how the pasture and its plants influence dairy products, affecting their chemical and aromatic composition. Furthermore, using solid rennet from Sicilian lambs gives the cheese its enzymatic makeup, which is responsible for aromas and flavours not found in other sheep’s cheeses. A historic but ingenious method of production, involving traditional instruments, some wooden, lends further to the special character that makes ‘Pecorino Siciliano’ a unique product.
Sicily, which is characterised by the type of its landscape, is the ideal place for producing ‘Pecorino Siciliano’. The innermost part of the island is made up of uneven clay, chalk and limestone hills. The westernmost area of Sicily and the Aegadian Islands have clay and sandstone soils. The Aeolian Islands and the islands of Ustica and Pantelleria have volcanic soils. Plains on Sicily are alluvial and very cut off, with highly fertile soils with a high level of potassium. The natural and cultivated pastures found in this environment are rich in wild plants and local ecotypes, which determine the properties and composition of the milk, giving the final product its unique taste.
The climate in the production area for ‘Pecorino Siciliano’ varies greatly from one area of the island to another, thanks to its latitude and distinctive topography. It is, however, a Mediterranean climate. Still, there are various microclimates owing to the juxtaposition of the mountains and the sea. In general, the coastal areas are hot, arid and always well- ventilated, while inland the climate is temperate and humid. Rainfall is scarce on the coasts and plentiful in the higher country. It comes mostly in winter.
Sheep-rearing and cheese-making are ancient traditions in Sicily. Even today, rearing is done traditionally, in folds that provide the shelter needed for the animals’ well-being. This has positive effects on the quality of the milk they produce, which gives ‘Pecorino Siciliano’ its distinctive character.
‘Pecorino Siciliano’ is inextricably linked to the island’s particular soil conditions, local fodder crops, production methods, indigenous sheep population and transformative atmosphere, home to certain omnipresent strains of microflora which have such an effect on the local cheese as to render it unique.
The origins of this cheese are lost in the mists of time. They go back to when every sheep farmer began turning his milk into ‘Pecorino Siciliano’, using the old techniques and above all the historic wooden equipment, namely the vat for curdling the milk and the wooden boards for ageing the cheese. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/37
The production of this cheese therefore constitutes an undisputed and exclusive historic and cultural heritage in Sicily, as well as a solid and ever-growing source of commerce.
Reference to publication of the specification
(the second subparagraph of Article 6(1) of this Regulation)
The consolidated text of the product specification can be consulted on the following website: http://www.politicheagricole. it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335
or alternatively:
by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Qualità’ (at the top right of the screen), then on ‘Prodotti DOP IGP STG’ (on the left-hand side of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE’. C 170/38 EN Offi cial Jour nal of the European Union 18.5.2020
Publication of an application for approval of non-minor amendments 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 170/08)
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 of 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
‘FRAISE DU PÉRIGORD’
EU No: PGI-FR-0133-AM01 – 11.8.2017
PDO ( ) PGI (X)
1. Applicant group and legitimate interest
Union Interprofessionnelle de la Fraise du Périgord (UIFP) Mairie de Vergt 24 380 Vergt FRANCE Tel. +33 0622062573 Email: [email protected] Composition and legitimate interest: The members of the association are producers and distributors of ‘Fraise du Périgord’ strawberries. It therefore has a legitimate right to request amendments to the Product Specification.
2. Member State or third country France
3. Heading in the product specification affected by the amendment(s) Name of product Description of the product Geographical area Proof of origin Method of production Link Labelling Other: deletion of the summary from the specification, update of details, type of product, packaging, control structures, national requirements, update of single document.
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
(1) OJ L 343, 14.12.2012, p. 1. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/39
5. Amendment(s)
The amendment request relates, on the one hand, to a revision of the current Product Specification and, on the other, to an update of the Product Specification made necessary by changes to the content of the PGI specifications (the PGI was registered in 2004).
5.1. Description of product
This part of the Product Specification has been completely rewritten and amended to focus on the description of the product ‘Fraise du Périgord’. The dictionary definition of the strawberry has been removed.
The description in the current Product Specification is replaced by:
‘The “Fraise du Périgord” is grown in the open air and picked when ripe.
It originates from varieties selected for their taste potential by the inter-branch variety approval committee of the group. A sales unit contains only strawberries of the same variety.
The “Fraise du Périgord” is healthy, not misshapen, shiny and free of blemishes. It has a minimum sugar content (in degrees Brix) established according to the time of harvesting and variety. The colouration, size and ripeness are homogeneous. The strawberries are of the “extra” category or category I.
The “Fraise du Périgord” is presented fresh or frozen.
The fresh strawberries must have a fresh, green collar. They are carefully presented, whatever type of packaging is used.
The frozen strawberries are either whole or cut, with the stalk in place or removed.’
The main amendment is the addition of the deep-frozen form.
The addition of the deep-frozen form will increase the value of that form of strawberry for the food industry, which wishes to highlight the origin of the strawberries it uses after deep-freezing, in particular for the production of jams. Purchasing frozen strawberries allows food processors to spread their production over time, ensuring the quality of a product which stays fresh for a very short time (a few days).
Only strawberries meeting the criteria to be marketed fresh under the PGI may be deep-frozen. There is no difference in the production or sorting conditions. This amendment does not affect the link to the origin of the ‘Fraise du Périgord’.
The deep-freezing operation must take place within a short time (72 hours) in order to preserve the flavour of the ‘Fraise du Périgord’ on which its reputation is based.
Tests carried out by the group established that the deep-freezing process did not impair the organoleptic characteristics of the product (sugar content, homogeneous ripeness, etc.) and did not lead to an agglomeration of fruit which could affect the quality of presentation (colouration, size, etc.). The ‘Fraise du Périgord’ stays healthy, not misshapen, shiny and free of blemishes.
The description lists the general characteristics of the ‘Fraise du Périgord’, be it fresh or deep-frozen, and then sets out the differences resulting from it being marketed fresh or deep-frozen.
Deep-frozen, it may be presented whole or cut up, with the stalk in place or removed, whilst fresh ‘Fraise du Périgord’ strawberries must be sold whole with a fresh, green collar.
The information that the ‘Fraise du Périgord’ is grown outdoors is added to the general description. The purpose of this addition is to highlight a particular feature of the production of this product which is already included in the published summary and in the Product Specification but was not emphasised in the descriptive part of the specification. The same applies to the detail that ‘A sales unit contains only strawberries of the same variety’. In this phrase, the term ‘sales unit’ replaced the term ‘punnet’ which had become too restrictive. This amendment will allow ‘Fraise du Périgord’ strawberries to be presented in containers other than punnets and to better meet the expectations of consumers. C 170/40 EN Offi cial Jour nal of the European Union 18.5.2020
The terms used to describe the ‘Fraise du Périgord’ have been summarised in the following phrase: ‘The “Fraise du Périgord” is healthy, not misshapen, shiny and free of blemishes’. The following has been deleted: ‘The appearance must be shiny. The shape must be homogeneous, without deformations (“rooster combs”, etc.) The strawberries must not have any traces of rot or disease. The flesh must be firm to the touch.’ However, all these elements are implied in the above wording ‘healthy, not misshapen, shiny and free of blemishes’. The reference to the colour ‘bright red’ has also been removed, as it was not a real criterion, given that the Product Specification stated that the colour could vary between varieties. The new Product Specification now indicates that ‘Fraise du Périgord’ strawberries ‘also present a uniform colouration, characteristic of the variety and in line with the approval grid’. The following paragraph has been deleted as the list of varieties has only indicative value and may evolve, and the selection process comes under the production method: ‘Any new variety included in the list of varieties qualifying for the PGI will be the subject of an addendum to the PGI. The varieties included since the recognition of the PGI are: — for production from the start of spring until 31 October: Gariguette, Elsanta, Darselect, Seascape and Mara des Bois, — for production from 15 June to 31 October: Selva.’ The approval criteria for consignments of strawberries brought by operators to the collecting station have been moved and are now included in the section on the method of production. The ‘description’ section of the single document includes the new version of the Product Specification. This amendment includes, compared to the summary sheet, the additional elements on the deep-frozen product and the removal of the obligation to sell the strawberries in a 250 g or 500 g punnet, which had become too restrictive in commercial terms.
5.2. Geographical area There have been no changes to the definition of the geographical area. The amendments to the specification and the single document are purely formal: the list of cantons and municipalities has been replaced by a list of all the municipalities, without changing the perimeter of the area. One municipality (Saint Pantaly d’Ans) has been added that was missing in the list in the old Product Specification, as it is surrounded by the geographical area and is thus on the map. The map showing the geographical area has been replaced by a more legible one. The elements in the descriptive part of the geographical area section of the current Product Specification and the summary sheet have been removed. Only the descriptive elements on the geographical area of production have been kept and moved to chapter 6 on the elements justifying the link to the geographical area of origin. General considerations with no direct link to the presentation of the geographical area of the ‘Fraise du Périgord’ have been removed.
5.3. Proof of origin The paragraph following ‘List of producers in the demarcated area’: ‘Producers of strawberries for PGI protection must be located in the production zone demarcated above and comply with this Product Specification. The producers are included on a list kept up-to-date by the marketing bodies.’ is replaced by a new paragraph based on the national regulatory provisions: ‘Any operator involved in the production or packaging of PGI “Fraise du Périgord” strawberries must make themselves known to the group to obtain their approval before the start of the activity in question.’. The paragraph ‘production in identified plots within the demarcated area’ is moved to the section on the production method: ‘“Fraise du Périgord” strawberries are grown in plots selected and identified each year. The criteria for the selection and identification of plots are: — geographical location: within the demarcated area; — characteristics of the plot: soils which can easily be heated and are not at risk of flooding. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/41
Each plot identified for the production of strawberries is identified by its cadastral number.’
The paragraph ‘Traceability of production to market’ is deleted and replaced.
As an introduction to this part of the Product Specification, the following paragraph is added, recalling the objective of traceability defined in the Product Specification:
‘Top-down and bottom-up traceability of consignments from harvesting onwards is ensured, with the aim of:
— ensuring traceability from the consumer back to the producer;
— allowing producers to trace growing plots harvested on a given date;
— tracing consignments at marketing level on the basis of a producer’s consignment number.’
The definition of a consignment in the section on the production method has been moved here. It is reiterated, supplemented by units of time and place:
‘A consignment of strawberries is defined as the quantity of product from a single producer, harvested over a half-day on the same growing plot and from a single variety.’
In this definition, the reference to a ‘cadastral plot’ has been replaced by a reference to a ‘growing plot’, in line with the definition in the section on the production method. A ‘growing plot’ can cover one or more ‘cadastral plots’, and is thus more consistent in terms of traceability because it refers to a unit of production.
In line with the section on the ‘description of the production method’, the obligation to keep a farm register to record growing practices is added.
‘The growing practices used for each plot should be recorded on whatever medium used (on paper or electronically) in the farm register. This register will provide an overview of operations and interventions on each growing plot.
The growing plots are recorded annually in this register before being prepared for cultivation.’
A paragraph is added to define the ‘delivery note’, which replaces the ‘delivery pallet sheet’. This is the term used nowadays in the sector for this document, the content of which is maintained and supplemented by the requirement to indicate the number or reference of the growing plot. The information on the type of packaging ‘500 g or 250 g punnet’ is removed, in line with the removal of the term ‘punnet’ (see above).
The same applies to the paragraph on the ‘approval sheet’, which replaces the term ‘pallet sheet’. This is the term used nowadays in the sector for this document, the content of which is maintained and supplemented by the requirement to indicate the time of delivery and various verified criteria:
— the number or reference number of the growing plot;
— the sugar content;
— the temperature of the fruit;
— the identification of the approval body;
— the approval note on each of the criteria in the approval grid;
— the ‘Fraise du Périgord’ PGI approval.
The following is also added, to enhance traceability:
— ‘Each consignment is identified by the approval sheet number established upon receipt of the consignment.’
The obligation to have a number identifying the producer on the packaging units is maintained. The term ‘consumer sales unit’ replaces the term ‘punnet’, in line with the rest of the Product Specification.
A paragraph is added to define the ‘delivery note and/or invoice’, which replaces the term ‘consignment sheet’. This is the term used nowadays in the sector for this document, the content of which is specified, including for fruit intended for deep-freezing.
‘It contains: the number of the approval sheet (consignment number), the name of the variety, the type of packaging, the quantity, the date and time of dispatch.’
Finally, a paragraph is introduced on the tracing of the deep-frozen product:
‘The processer has a stock record. C 170/42 EN Offi cial Jour nal of the European Union 18.5.2020
Each deep-frozen consignment is identified by a stock form including the following information: — No of the pallet in the deep-freezing unit; — customer pallet number (if any); — No of the delivery note; — name of the product/variety; — number of packs; — net weight after freezing; — date and time of freezing; — minimum durability date (MDD)’. Finally, a minimum term for the archiving of documents has also been added in order to enhance traceability: ‘Documents ensuring the traceability of each consignment must be archived for at least two years by all the operators concerned.’ The purpose of all these changes is to improve traceability and to facilitate checks by specifying the information to be recorded.
5.4. Method of production This section has been fully rewritten in order to improve the organisation, content and auditability. Consequently, all the previous chapters have been deleted and replaced. However, it should be emphasised that this rewriting does not call into question the main elements of the PGI: strawberries grown in the open, plots selected and recorded, selected varieties, harvest at maturity by hand.
Recording of plots A definition of a growing plot is added, in line with the definition of a consignment for the traceability of the product. The definition is as follows: ‘A growing plot is defined as a collection of tunnels in which fertilisation, irrigation and plant protection treatments are carried out through the same channel (whatever the type of plant) and where each tunnel has a localised irrigation system. Only a single variety may be present within a specific growing plot.’ The procedure for the selection and annual recording of plots has been updated. The reference to a ‘growing’ plot is added, in line with the definition above. The concept of an annual inventory is added, specifying the procedure to be followed by operators. The selection criteria have been supplemented (sandy, filtering, non-calcareous soils) in line with the specific characteristics of the geographical area in the Product Specification and the geological and soil characteristics described. ‘The growing plots are selected and recorded each year. Once a year, before preparation for cultivation, producers survey the growing plots intended for “Fraise du Périgord” strawberries together with a technician delegated by the group. The technician takes into account the following criteria: plots carefully selected on the basis of their soil and climatic characteristics (sandy, filtering, non-calcareous soils). The land chosen should be easily heatable and not liable to flooding and have soils with an acidic pH favourable for the cultivation of strawberries.’ Some more details on the regeneration of the land is included. Crop rotation is maintained, and the duration of the fallow period is added (equal to the implantation time of the strawberry field). The treatment of the soil is now monitored by the group, which provides operators with a list of referenced products. ‘The regeneration of the plots before each new planting, in order to mitigate the problem of soil depletion or monoculture linked to previous crops, may take place: — either using crop rotation, in which case the fallow period should be at least equal to the duration of planting; — or through soil treatment. Soil treatment should, as far as possible, be conducted using “gentle” sterilisation methods (e.g. using steam). If the soil is treated, the products used must be included in the list of products specified by the group.’ 18.5.2020 EN Offi cial Jour nal of the European Union C 170/43
Fertilisation – irrigation – plant protection Aspects regarding the analysis of the soil of each new plot to be used as a strawberry field have been added. This analysis will then serve as the basis for the soil improvement and fertilisation plan before each annual planting of strawberry plants. The provision has been worded as follows: ‘Before each planting, producers draw up a general soil improvement and fertilisation plan (or have one drawn up by a technician delegated by the group). It is established on the basis of a full analysis of the soil (fertility analysis) carried out for each new plot to be used for strawberries. This analysis indicates the levels of available phosphorus pentoxide (P2O5), potassium oxide (K2O), magnesium oxide (MgO) and calcium oxide (CaO) available in the soil, as well as the pH.’ Irrigation by means of a localised watering system is added, taking into account the nature of the soil, supplementing the existing provisions of the Product Specification, which provides for controlled irrigation perfectly geared to the needs of the plant. ‘Irrigation by means of a localised watering system is obligatory.’ As the provisions on plant protection products have not been updated, they are taken over in full and unchanged.
Plant material The aspects relating to the varieties, which used to be in the description of the product, have now been moved to this part of the Product Specification, without being amended. They describe the production method and not the product. The ‘Fraise du Périgord’ is produced from: — certified plants — varieties on the list of varieties selected by the group. The varieties are selected by a Commission Interprofessionnelle d’Agrément des variétés (inter-branch variety approval committee) based on the following criteria assessed by producers during trials of the new variety:’ This section is supplemented by selection criteria for the varieties, comprising both descriptive elements of the ‘Fraise du Périgord’ and the approval criteria: ‘— Visual appearance: colour, shape, shininess and size, — sugar content: 6 to 6,5° Brix as a minimum, depending on the variety, — durability, — flavour.’ More details on the operation of the Commission Interprofessionnelle d’Agrément des variétés are also added: ‘This committee, comprising 7 persons, a majority of whom are producers and carriers, meets at least once a year to determine any changes to be made to the list of selected varieties: addition of new or removal of old varieties. Decisions of the committee are taken by a majority of members present.’ The list of varieties is removed from the Product Specification (description of the product) because it had only an indicative value at a given moment. The Product Specification already provided for the possibility of the list being updated. An element is added to the effect that any amendments to the list should be notified to operators, the monitoring body and the National Institute of Origin and Quality (INAO) before the start of the following planting season. ‘Changes to the list should be notified to operators, the monitoring body and the INAO by the group before the start of the following planting season.’ As in the section ‘Description of the product’, the fact that the plants must be grown outside, which is only implied in the old Product Specification, is now made explicit and supplemented by the obligation to grow the plants on earth mounds. The time when the tunnels are to be installed is added. The Product Specification thus reads as follows: ‘The plant is cultivated outside, placed under a tunnel at the latest at the time of flowering. They are grown on earth mounds in order to facilitate soil drainage.’ These practices have been made explicit because they are part of the skills and knowledge utilised by producers contributing to the qualities of the ‘Fraise du Périgord’. The density of planting is the same (≤ 6 plants per covered m2). C 170/44 EN Offi cial Jour nal of the European Union 18.5.2020
Harvest
An element is added to the effect that ‘this stage involves picking the fruit, placing them in sales units and transporting them to the collection station.’ The Product Specification has been supplemented to clarify that the strawberries are harvested by hand, in line with the ‘Link’ section, and the know-how of the pickers, including their harvesting skills, is essential for the quality of the product. The strawberries are collected by hand and placed directly in the sales unit, the utmost care being taken with regard to their presentation and quality. The work of the pickers is judged by the approval mark.
The Product Specification is amended to replace the term ‘punnet’ by ‘sales unit’ and to remove the 250 g and 500 g specifications, considered too restrictive in marketing terms. The Product Specification does not define the size of the various sales units but does set a maximum weight of 10 kg, accompanied by certain conditions, in order to prevent the fruit being crushed.
The Product Specification thus now reads as follows:
‘The strawberries are harvested by hand and placed directly in their sales unit, which has a maximum net weight of 10 kg. The strawberries may be placed in a maximum of 3 layers, in order to prevent their being crushed.
A single sales unit must contain only strawberries of the same variety and the same category.’
The harvesting temperature is also added, because it is important for the quality of the strawberries and the working conditions of the pickers that the fruit should not be picked when it is too hot. The Product Specification therefore reads:
‘Picking is not carried out when the outdoor temperature exceeds 28 °C before 15 June or 30 °C after 15 June, unless the temperature in the tunnels is controlled.’
It has been added that ‘the period between harvesting and delivery to the collection station should not exceed half a day’ in order to avoid any alteration of the product.
Finally, in line with the descriptive part, it has been added that the strawberries harvested must uniformly have reached the characteristic colour of the variety.
Reception – shipment
The aspects relating to the approval of the strawberries which used to be in the description of the product have now been moved to this part of the Product Specification.
In the new wording, a distinction is made between the sugar content test and the approval, given that, in practice, these are two successive steps. Only consignments of strawberries which pass the sugar content test are then submitted for approval in the context of the PGI.
‘The sugar content of each consignment of strawberries is tested to ensure that they contain the minimum sugar content set out in a table of minimum sugar contents for each variety and period.
This table is updated each time the list of authorised varieties changes. Any changes are notified by the group to operators, the monitoring body and the INAO.
Consignments of strawberries whose sugar content is found to be compliant are then submitted for approval.’
The Product Specification refers to a table of minimum sugar contents per variety and per period, kept up-to-date with each change in the list of authorised varieties. Any changes are notified to operators, the monitoring body and the INAO.
The provisions on approval have been made more detailed to show that a note of 0, -1 or -2 on just one criterion in the approval grid will lead to the consignment been rejected. The following paragraph has thus been added:
‘Each consignment must obtain a total of at least 9 out of 15 to qualify for the PGI “Fraise du Périgord”, with no criterion marked as 0, -1 or - 2.’
The following approval criteria are included: colouring, firmness, size, shininess, presentation, shape. The expression ‘sufficient levels of quality’ (no fruit which is rotting, diseased, immature or overripe, seriously deformed, dull, soft or with a size smaller than the standard, stained punnets) is removed and replaced by the term ‘health status’ for the elements disease, rotting, stained punnets; the monitoring of sugar content and colouring covers cases of immature or overripe fruit; the monitoring of shape covers deformed fruits; the shininess element covers dull fruit; and the size element covers fruits which are too small. The term ‘moisture level of the fruit’ is added to complement the criterion ‘dry/wet strawberries’. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/45
After reception and approval, the strawberries are chilled. The draft Product Specification sets out the conditions for cooling in order to conserve all the qualities of the strawberries:
‘In order to protect the strawberries from thermal stress, which would cause irreversible damage to quality, the chilling speed of the fruit must be adapted to their temperature upon reception.
Thus, if the reception temperature of the strawberries is higher than 20 °C, they must not be placed in a ventilated dynamic pre-refrigeration module with a temperature of between + 2 °C and +4 °C. Rather, they should be stored either in a “static” cold chamber at + 6 °C or in a cold chamber with mechanical ventilation at 10-12 °C so as to allow their temperature to drop slowly and steadily.’
The maximum storage period of the strawberries after reception (48 hours) and their temperature at the time of shipping (between 6 and 12 °C) are taken over with no changes.
The provisions on the temperature of the lorries are replaced by an obligation for a particular mode of transport: ‘The strawberries must be transported in a chilled vehicle’ as it is difficult to accurately check the temperature of vehicles during loading, because the doors are open.
The marketing recommendations have been removed.
Deep-freezing
The main reason for the application for approval of amendments to the PGI is to include deep-freezing in order to increase the value of frozen strawberries for the food processing industry, which wishes to highlight the origin of the strawberries that it uses.
Deep-freezing does not change the organoleptic characteristics and the appearance of the strawberries, which constitute the characteristics of the PGI. The strawberries are deep-frozen within 72 hours of reception at the collecting station. Tests carried out by the group established that the deep-freezing process did not impair the organoleptic characteristics of the product (sugar content, homogeneous ripeness, etc.) and did not lead to an agglomeration of fruit which could affect the quality of presentation (colouration, size, etc.). The ‘Fraise du Périgord’ stays healthy, not misshapen, shiny and free of blemishes.
The following provisions are added to the Product Specification:
‘Strawberries approved under the PGI for deep-freezing must be frozen within 72 hours of arrival at the collecting station; they must be kept refrigerated throughout this period.
The strawberries are frozen either directly in the packaging they were placed in during picking or in “balls” on the deep-freezing belt. In the latter case, once the strawberries are frozen, they are packed.
The date of minimum durability (DMD) of frozen strawberries is 2 years [from the date of packing].’
5.5. Link with the geographical area
This chapter has been restructured in three parts to better define the specific characteristics of the geographical area and of the product, and the link between them. These are textual amendments or clarifications which do not lead to substantive changes.
The ‘Link’ section of the single document is updated under the same conditions; the ‘Link’ section of the summary sheet is therefore also amended and supplemented.
The section on the specific characteristics of the geographical area adds further details regarding the particular features of the department of Dordogne and its soils and climate. The cultivation of strawberries in the area is then described from a historical perspective, emphasising the know-how of the producers. The craft of growing strawberries outdoors, using mounds and tunnels, and the harvesting method (by hand, directly into the units of packaging) are emphasised.
The section on the specific nature of the product echoes the description of the ‘Fraise du Périgord’, highlighting its unique features. The ‘Fraise du Périgord’ is characterised by its outdoor growing method, while landless production is more common in Europe, and differs from standard strawberries in terms of the conditions under which it is harvested and presented. The strawberries must uniformly have reached the characteristic colour of the selected variety in order to be harvested at maturity.
The causal link is based on the quality and reputation of the product and establishes a link between the nature of the soils, the growing and harvesting methods and the qualities of the product. C 170/46 EN Offi cial Jour nal of the European Union 18.5.2020
5.6. Labelling The section on labelling in the current Product Specification and in the summary sheet is amended. The obligation to place a list of certified characteristics on the label has been removed due to national legislative and regulatory developments. The obligation for each consumer sales unit to bear a number identifying the producer has been added. Showing the logo of the group has also been made compulsory. The labelling of frozen strawberries is subject to the same rules and, in addition, must give a date of minimum durability (DMD).
5.7. Miscellaneous
Summary The summary of the Product Specification has been removed. Responsible department in the Member State The contact details of the INAO, as a competent authority of the Member State, have been added in accordance with Regulation (EU) No 1151/2012.
Applicant group The contact details of the applicant group have been updated. The descriptive part is deleted.
Type of product The reference to the product class has been amended to comply with Annex XI to Implementing Regulation (EU) No 668/2014.
Packaging The requirement that packaging take place in the area is already stated explicitly in the current Product Specification. Currently relating only to fresh strawberries, it is extended to also include frozen strawberries. The strawberries are frozen either directly in the packaging they were placed in during picking or in ‘balls’ on the deep-freezing belt. In the latter case, once the strawberries are frozen, they are packed. The Product Specification is supplemented by the necessary justifying elements, and the following paragraph has been added: ‘The “Fraise du Périgord”, when sold fresh, is packaged in the defined geographical area. The strawberries, being very fragile, are picked and placed directly in their sales units, so as to avoid unnecessary handling, which could damage the quality of the product and its conservation. Furthermore, packaging in the area makes it easier to trace and monitor the products. The “Fraise du Périgord” may be deep-frozen, in which case it may also be packaged outside the geographical area.’
Monitoring body In accordance with national guidelines aimed at harmonising the way specifications are drafted, the name and contact details of the certifying body have been deleted. Under this heading, the contact details of the authorities responsible for national inspections are now provided, i.e. the National Institute of Origin and Quality (INAO) and the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF). The name and contact details of the certification body can be consulted via the website of the INAO and the European Commission’s database.
National requirements In the light of developments in national legislation and regulations, the ‘National requirements’ section now contains a table indicating the main items to be checked and the evaluation methods to be used. Update of the single document Points 4.4 on proof of origin, 4.5 on the production method and 4.7 on the monitoring structures are removed in the single document. They are no longer part of the template in Regulation (EU) No 668/2014. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/47
SINGLE DOCUMENT
‘FRAISE DU PÉRIGORD’
EU No: PGI-FR-0133-AM01 – 11.8.2017
PDO () PGI (X)
1. Name(s) ‘Fraise du Périgord’
2. Member State or third country France
3. Description of the agricultural product or foodstuff
3.1. Type of product Class 1.6. Fruit, vegetables and cereals fresh or processed
3.2. Description of product to which the name in 1 applies The ‘Fraise du Périgord’ is grown in the open air and harvested when ripe. It is the product of varieties selected for their taste potential. A sales unit contains only strawberries of the same variety. The ‘Fraise du Périgord’ is healthy, not misshapen, shiny and unblemished. It has a minimum sugar content (in degrees Brix) established according to the period of harvesting and variety. The colouration, size and ripeness are homogeneous. The strawberries are of the ‘extra’ category or category I. The ‘Fraise du Périgord’ is presented fresh or frozen. The fresh strawberries must have a fresh, green collar. They are carefully presented, whatever type of packaging is used. The frozen strawberries are either whole or cut, with the stalk in place or removed.
3.3. Feed (for products of animal origin only) and raw materials (for processed products only) —
3.4. Specific steps in production that must take place in the defined geographical area The strawberries must be produced in the geographical area. This includes the planting, harvesting and approval.
3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to The ‘Fraise du Périgord’, when sold fresh, is packaged and stored before shipping in the defined geographical area. The strawberries, being very fragile, are picked and placed directly in their sales units, so as to avoid unnecessary handling, which could damage the quality of the product and its conservation. Furthermore, packaging in the area makes it easier to trace and monitor the products. The strawberries are harvested by hand and placed directly in their sales unit, which has a maximum net weight of 10 kg. The strawberries may be placed in a maximum of 3 layers, in order to prevent their being crushed. A single sales unit must contain only strawberries of the same variety and the same category. The strawberries are stored cold before dispatch and marketing to the consumer, for a maximum period of 48 hours. In order to protect the strawberries from thermal stress, which would cause irreversible damage to quality, the chilling speed of the fruit must be adapted to their temperature upon reception. The ‘Fraise du Périgord’ may be deep-frozen outside the geographical area. Frozen ‘Fraise du Périgord’ may be packaged outside the geographical area. C 170/48 EN Offi cial Jour nal of the European Union 18.5.2020
3.6. Specific rules concerning labelling of the product the registered name refers to Besides the compulsory information laid down in the rules on labelling and presentation of foodstuffs, the labelling features the registered name of the product and the EU PGI logo in the same visual field. The labels affixed to the sales units must contain: — The name of the PGI: ‘Fraise du Périgord’ — ‘Certified by:’ [name of certifying body]. Each sales unit bears a number identifying the producer. For strawberries sold fresh, each sealed sales unit (sealed with a lid or film) bears the logo below, defined by the group and made available to all operators. For non-sealed sales units packed in trays, the logo must be affixed to the sales unit or to the tray.
The labelling of frozen strawberries contains the same information as the labelling of the fresh product, plus the storage temperature and the date of minimum durability (DMD).
4. Concise definition of the geographical area The geographical area where the product is grown covers a large part of the department of Dordogne and a number of adjacent municipalities in the department of Lot:
Department of Dordogne Cantons of Bergerac-1, Bergerac-2, Coulounieix-Chamiers, Isle-Manoire, Lalinde, Montpon-Ménestérol, Pays de la Force, Périgord Central, Saint-Astier, Sarlat-la-Canéda, Vallée Dordogne, Vallée de l’Isle, Vallée de l’Homme. Municipalities of Agonac, Ajat, Allemans, Antonne-et-Trigonant, Archignac, Auriac-du-Périgord, Azerat, (La) Bachellerie, Bardou, Bars, Bertric-Burée, Biras, Blis-et-Born, Boisse, (La)Boissière-d’Ans, Borrèze, Bouniagues, Bourdeilles, Bourg-des-Maisons, Bourg-du-Bost, Brantôme en Périgord (the part corresponding to the territory of the delegated municipality of Saint-Julien-de-Bourdeilles on 1 January 2016), Brouchaud, Bussac, Calviac-en-Périgord, Carlux, Carsac-Aillac, (La)Cassagne, Cazoulès, Celles, Cercles, Champcevinel, (Le)Change, Chapdeuil, Chassaignes, Château-l’Évêque, Chavagnac, Chourgnac, Colombier, Coly, Comberanche-et-Épeluche, Condat-sur-Vézère, Conne-de- Labarde, Cornille, Coulaures, Coutures, Creyssac, Cubjac, (La)Dornac, Douchapt, Escoire, Faurilles, Faux, Fossemagne, Gabillou, (La)Gonterie-Boulouneix, Grand-Brassac, Granges-d’Ans, Hautefort, Issigeac, Jayac, (La)Jemaye, (Le)Lardin- Saint-Lazare, Léguillac-de-Cercles, Limeyrat, Lisle, Lusignac, Mayac, Milhac-d’Auberoche, Monbazillac, Monmadalès, Monmarvès, Monsaguel, Montagnac-d’Auberoche, Montagrier, Montaut, Nadaillac, Orliaguet, Paulin, Paussac-et- Saint-Vivien, Périgueux, Petit-Bersac, Peyrillac-et-Millac, Plaisance, Ponteyraud, Port-Sainte-Foy-et-Ponchapt, Prats-de- Carlux, Ribagnac, Ribérac, Sadillac, Saint-André-de-Double, Saint-Antoine-d’Auberoche, Saint-Aubin-de-Cadelech, Saint-Aubin-de-Lanquais, Saint-Capraise-d’Eymet, Saint-Cernin-de-Labarde, Saint-Crépin-et-Carlucet, Sainte-Eulalie- d’Ans, Saint-Geniès, Saint-Géraud-de-Corps, Saint-Julien-de-Lampon, Saint-Just, Saint-Léon-d’Issigeac, Saint-Martin- de-Gurson, Saint-Martin-de-Ribérac, Saint-Méard-de-Drône, Saint-Méard-de-Gurçon, Sainte-Mondane, Sainte-Orse, Saint-Pantaly-d’Ans, Saint-Pardoux-de-Drône, Saint-Paul-Lizonne, Saint-Perdoux, Saint-Rabier, Sainte-Radegonde, Saint-Rémy, Saint-Sulpice-de-Roumagnac, Saint-Victor, Saint-Vincent-de-Connezac, Salignac-Eyvigues, Savignac-les- Églises, Segonzac, Sencenac-Puy-de-Fourches, Simeyrols, Siorac-de-Ribérac, Temple-Laguyon, Thenon, Tocane-Saint- Apre, Tourtoirac, Trélissac, Vanxains, Veyrignac and Villetoureix.
Department of Lot Municipalities of Anglars-Nozac, Fajoles, Gourdon, Léobard, Masclat, Milhac, Payrignac, Rouffilhac and Saint-Cirq- Madelon. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/49
5. Link with the geographical area
Specificity of the geographical area
The geographical area of the ‘Fraise du Périgord’ PGI corresponds to the area where this strawberry has traditionally been produced and where the strawberry plants are cultivated on land that is particularly suitable for this crop.
It covers mainly the centre and the south/south-east of the department of Dordogne and a very small area in the department of Lot bordering Dordogne to the south-east.
In terms of soil and geology, the production area is rolling in the west with sharper inclines in the east, which is generally densely forested. A particular feature of this region is the almost ubiquitous forest, interspersed with cultivated fields, often on cleared plots on well-exposed hillsides.
The Périgord region, largely open to the influence of the ocean, enjoys a temperate, maritime climate. The average temperature is around 12 °C, without great seasonal fluctuations. Rainfall is fairly abundant: 800 to 900 mm a year.
Strawberry-growing in the Dordogne dates back to the late 19th century, when it was practised to a very limited extent. Not until after the Second World War did a real strawberry-growing industry establish itself on the light, sandy, acidic soils of the hills of Eglise-Neuve de Vergt.
In the 1960s, producers realised that they needed to renew their fields, the yield from which was declining rapidly due to soil exhaustion. From then on, they started clearing chestnut coppice for new land and found that these soils, rich in humus, were perfect for strawberry-growing: production reached 1 000 tonnes in 1960. The Union Interprofessionnelle de la Fraise du Périgord (UIFP) was founded in 1988, bringing together producers, cooperatives, the auction house in Vergt and private carriers.
Many years of experience and the establishment of specific professional structures have enabled the development of shared practices on the basis of the know-how of producers with regard to the selection of plots (type of soil) and varieties (taste varieties), cultivation techniques (mounds and tunnels) and harvesting (by hand, placed directly in the packaging units). These traditional methods allow producers to obtain a quality strawberry, the storage conditions of which before despatch are also regulated in view of its fragility.
Special characteristics of the product
The ‘Fraise du Périgord’ is characterised by its outdoor growing method, while landless production is more common in Europe, and differs from standard strawberries in terms of the conditions under which it is harvested and presented. The strawberries must uniformly have reached the characteristic colour of the selected variety in order to be harvested at maturity.
They are picked by hand and placed directly into their sales unit, the utmost care being taken with regard to presentation. They must be healthy, not misshapen and shiny. The strawberries are stored carefully by size, no more than three-layers high in order to prevent the fruit from becoming crushed in the largest containers. The strawberries should be of uniform colouring, size and ripeness.
Causal link
The causal link is based on the quality and reputation of the product.
The soil and climatic conditions of the geographical area are particularly conducive to the production of ‘Fraise du Périgord’ strawberries. They are usually grown on hillsides, often on plots which have been cleared of trees, i.e. ‘virgin’ soils exposed to the sun for good ripening. The soils are selected according to the following factors: they should be filtering, sandy, slightly acidic and with no active limestone. They are grown on earth mounds in order to facilitate soil drainage and prevent the asphyxiation of the plants. Fertilisation and localised irrigation which takes into account the nature of the soil are used, fine-tuned to meet the needs of the plant.
In this part of France, the strawberries enjoy mild temperatures without significant variations, allowing the fruits to grow and ripen in a uniform manner. The fact that they are grown outdoors in tunnels, no later than at the time of flowering, means that ‘Fraise du Périgord’ strawberries can be found on market stalls for six months of the year at least, from April to October. This long period of production makes it possible to retain pickers, whose know-how is essential to the quality of the product. The strawberries are collected by hand and placed directly in the sales unit, the utmost care being taken with regard to their presentation, shape and colouring. Growing them in tunnels protects them from the vagaries of the weather (storm, rain, hail), ensuring that they are clean and shiny and keeping them C 170/50 EN Offi cial Jour nal of the European Union 18.5.2020
warmer, meaning that the growing season can start earlier and last longer. It also protects the strawberry from the worst of the heat, which could alter the fruit. During periods of intense heat, producers have to pick them during cooler periods and protect them from the heat as the picking continues. Particular attention is paid to harvesting and storage temperatures. The strawberry thus obtained may subsequently be frozen, within a time limit compatible with maintaining its characteristics. The reputation of the ‘Fraise du Périgord’ is also confirmed by its traditional valuation as a prestigious product. It established its presence on the various marketplaces, as documented by this price list dating from 31 May 1974: ‘ In Rungis, the Fraise du Périgord was selling at between 3,50 francs and 4,80 francs a kg, while the Lot-et-Garonne strawberry was selling at between 2,80 francs and 3,80 francs’.
Reference to publication of the Product Specification
(the second subparagraph of Article 6(1) of this Regulation)
https://extranet.inao.gouv.fr/fichier/CDC-FraisePerigord.pdf 18.5.2020 EN Offi cial Jour nal of the European Union C 170/51
Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector
(2020/C 170/09)
This publication confers the right to oppose the application pursuant to Article 98 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (1) within two months from the date of this publication.
SINGLE DOCUMENT
‘SOLTVADKERTI’
PDO-HU-02171
Date of application: 28.4.2016
1. Name to be registered Soltvadkerti
2. Geographical indication type PDO - protected designation of origin
3. Categories of grapevine products 1. Wine 4. Sparkling wine
4. Description of the wine(s)
White wine A pale-green or greenish-yellow-coloured wine with a discreet aroma of the grape flower and a strongly acidic, acerbic, long aftertaste.
* The limits laid down in the EU legislation apply to the maximum total alcoholic strength and maximum total sulphur dioxide.
General analytical characteristics
Maximum total alcoholic strength (in % volume)
Minimum actual alcoholic strength (in % volume) 11,5
Minimum total acidity 5,5 g/l expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre) 18
Maximum total sulphur dioxide (in milligrams per litre)
Wine from raisined grapes A golden-yellow-coloured wine with a complex aroma, a high natural sugar content, a full, oily texture and a complex taste and aroma reminiscent of honey and ripe or dried fruits.
(1) OJ L 347, 20.12.2013, p. 671. C 170/52 EN Offi cial Jour nal of the European Union 18.5.2020
* The limits laid down in the EU legislation apply to the maximum total alcoholic strength and maximum total sulphur dioxide.
General analytical characteristics
Maximum total alcoholic strength (in % volume)
Minimum actual alcoholic strength (in % volume) 9 Minimum total acidity 5,5 g/l expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre) 18
Maximum total sulphur dioxide (in milligrams per litre)
Sparkling wine A fresh, light and airy, long-lasting, medium-intensity sparkling wine with a pale-green or pale greenish-yellow colour and a discreetly flower-scented, firm, lively, crisp, acidic and characteristically fruity taste and aroma typical of the Ezerjó variety.
* The limits laid down in the EU legislation apply to the maximum total sulphur dioxide.
General analytical characteristics
Maximum total alcoholic strength (in % volume) 13
Minimum actual alcoholic strength (in % volume) 10
Minimum total acidity 5,5 g/l expressed as tartaric acid
Maximum volatile acidity (in milliequivalents per litre) 18 Maximum total sulphur dioxide (in milligrams per litre)
5. Wine making practices
a. Essential oenological practices
White wine and wine made from raisined grapes Relevant restriction on making the wines — grapes must be processed on the day on which they are harvested; — pressing may be carried out only in batch presses; — purification of the must required; — controlled fermentation of the must required at maximum 18 °C .
Sparkling wine Relevant restriction on making the wines — fermentation in bottles or containers required; — second fermentation for at least 3 months; — further maturation in containers for at least 6 months; — maturation in bottles for at least 3 months.
Vine cultivation method, spacing and bud load Cultivation practice 18.5.2020 EN Offi cial Jour nal of the European Union C 170/53
The following methods are permitted for the training of vines: — head-training, — low, medium-high or high cordon. The vine density must be at least 4 000 vines/ha, while the distance between vines must be at least 0,8 m. The rate of absent vines and proportion of foreign vines combined on a vineyard cannot exceed 10 % of the number of vines at the time of plantation.
Setting the date of the harvest Cultivation practice The starting date of the harvest is set by the Soltvadkert Wine Community on the basis of a test harvest carried out each week from 1 August. Any product prepared from grapes harvested before the starting date of the harvest set by the Wine Community cannot be marketed using the Soltvadkerti protected designation of origin label. The date of the harvest is published in the form of an announcement by the wine communities.
Minimum sugar content and potential alcoholic strength of the grapes Relevant restriction on making the wines The minimum natural sugar content of the grapes in Hungarian must grade (at 17,5 °C) is 17,0 for white wine, 20,0 for wine from raisined grapes, and 16,0 for sparkling wine. The minimum potential alcoholic strength of the grapes (% vol, at 20 °C) is 10,6 for white wine, 12,83 for wine from raisined grapes, and 9,87 for sparkling wine.
b. Maximum yields wine and sparkling wine 70 hl/ha grape yield 10 000 kg of grapes per hectare
6. Demarcated geographical area Areas within the administrative boundaries of the municipality of Soltvadkert that are classified as Class I and II according to the vineyard cadastre.
7. Main wine grapes variety(ies) ezerjó - kolmreifler ezerjó - korponai ezerjó - szadocsina ezerjó - tausendachtgute ezerjó - tausendgute ezerjó - trummertraube
8. Description of the link(s)
Natural factors (wine and sparkling wine) Situated between the Danube and Tisza rivers, the production area stands out from the surrounding region. Its ecological features are determined mainly by its low-lying nature. Most of the area is between 110 m and 120 m above sea level. The terrain is flat, with differences in altitude of not more than 10-15 m. Alluvial sand sheets are characteristic features of the production area, with underlying meadow soil and occasional calcareous loess patches. The sandy soils typically heat up quickly, their bright colours better reflecting the sunlight, which helps the grapes to ripen; owing to their quartz content of over 75 %, the soils are immune to phylloxera. Thanks to its mineral content, the nutrient capacity of the subsoil has a positive effect on the quality of the grapes. C 170/54 EN Offi cial Jour nal of the European Union 18.5.2020
The climate conditions of the production area are determined by the continental climate, characterised above all by hot summers and cold winters. The average temperature hovers around 10-11 °C. The average number of sunshine hours is 2 100 hours per year. Average annual precipitation is 500 to 550 mm, which largely meets the grapes’ needs, albeit with an uneven annual distribution. Soltvadkert lake has a positive influence on the climate of the production area.
Human factors (wine)
The growing of grapes to make Soltvadkerti wine dates back to the 18th century. The perseverance and hard work of the local inhabitants would turn the sunlit, windswept sand dunes into a fertile production area. Their combination of diligence and talent was handed down from generation to generation, creating a thriving culture of grape and fruit production.
Thanks to local ecological conditions, the variety used and the expertise of local inhabitants, Soltvadkerti wine production has seen considerable growth. The local inhabitants and winemakers ensure grape production and traditions are nurtured and the good reputation of Soltvadkerti wines preserved. Family wineries operating in the area have become the driving force behind this production. Restricting production and setting a specific harvest date have been decisive in developing grape-production techniques. Wine production is based on reductive techniques, which is further enhanced by ageing in casks.
Ezerjó is an historical Hungarian, white-wine-producing grape variety that became an important variety in the Soltvadkert area of the Kunság wine region. What makes this variety distinct and unique is that it can be used to produce harvest wine, wine from raisined grapes, or sparkling wine.
Presentation and demonstration of the causal link (wine)
— The production area has a considerable effect on the characteristics of the wine, which manifests itself in the following ways:
— The calcareous soil has a positive influence on the acid composition of the grapes.
— The minerality of the subsoil heightens its strong character.
— The heat sum measured during the vegetation period and the positive effect of the number of sunshine hours help the grapes to ripen and the sugar content to develop, the balance between acid and alcohol resulting in harmonious wines.
— The temperature of Soltvadkert lake has a balancing effect, regulating groundwater availability as well as creating favourable humidity levels. The groundwater level is close to the surface, so water can be easily absorbed by the vine roots. The number of sunshine hours and favourable groundwater supply help the grapes to develop evenly, which guarantees consistently high quality in vine-growing. This reduces the role of the vintage effect, enabling high-quality wine to be produced from grapes of consistent quality almost every year.
— With production restricted and the harvest date defined, grape-production techniques give the area a distinct quality, which is further enhanced by local producers through a combination of reductive wine-making and ageing in casks. This distinctiveness means above all harmonious wines with a specific acid composition and high acidity, and a velvety taste characteristic of the variety.
— As a result of the natural shrivelling, the sugar content concentrates, producing a natural residual sugar content in the wines and lending the wine its full, oily texture.
Human factors (sparkling wine)
With its specific acid composition, high acidity, discreetly distinctive, moderate alcoholic strength, the Ezerjó grape variety is perfectly suited to the production of sparkling wine. The technology used to make sparkling wine from wine produced using 100 % Ezerjó grapes was developed recently in local wineries. The unique nature of the product is the result of the character of the grapes grown here and the use of reductive wine-production techniques and traditional, bottled fermentation and ageing.
Presentation and demonstration of the causal link (sparkling wine)
— Owing primarily to the particularities of the sandy soils, the environment has a significant impact on the characteristics of the sparkling wine, which manifests itself in the following ways:
— The calcareous soil lends the sparkling wine its specific, delicate acid composition. 18.5.2020 EN Offi cial Jour nal of the European Union C 170/55
— As the grapes are harvested early, the sparkling wine’s acids are vivid and crisp. — The minerality of the subsoil heightens its strong character. — The temperature of Soltvadkert lake has a balancing effect, regulating groundwater availability as well as creating favourable humidity levels. The groundwater level is close to the surface, so water can be easily absorbed by the vine roots. The number of sunshine hours and favourable groundwater supply help the grapes to develop evenly, which guarantees consistently high quality in vine-growing. This reduces the role of the vintage effect, enabling high-quality sparkling wine to be produced from grapes of consistent quality almost every year. — The heat sum measured during the vegetation period and the positive effect of the number of sunshine hours help the grapes to ripen, which gives the sparkling wine its fruity character. — Processing the wine using quick, reductive technology not only preserves the variety’s fresh aromas, but also provides its elegant colour. As a result, the autolysis aroma formed during production of the sparkling wine is discreet.
9. Essential further conditions
Labelling rules - General labelling rules Legal framework: In national legislation Type of further condition: Additional provisions relating to labelling Description of the condition: Names of localities that may be used to indicate smaller geographical units: Csábor, Szarvaskút-dűlő, Kútágas-dűlő. The name of a locality may be used only if 100% of the wine is produced from grapes originating in that locality.
Link to the product specification
https://boraszat.kormany.hu/soltvadkert
ISSN 1977-091X (electronic edition) ISSN 1725-2423 (paper edition)
Publications Office of the European Union 2985 Luxembourg LUXEMBOURG EN