C 31 Official Journal

ISSN 1977-091X

Official Journal C 31

of the European Union

Volume 55 English edition Information and Notices 4 February 2012

Notice No Contents Page

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 31/01 Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 1) ...... 1

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 31/02 Euro exchange rates ...... 5

2012/C 31/03 Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 October 2011 regarding a draft decision relating to Case COMP/39.592 — EFAMA/Standard & Poor's — Rapporteur: Finland ...... 6

Price: 1 EN EUR 3 ( ) Text with EEA relevance (Continued overleaf) Notice No Contents (continued) Page

2012/C 31/04 Final Report of the Hearing Officer — COMP/39.592 — Standard & Poor's ...... 7

2012/C 31/05 Summary of Commission Decision of 15 November 2011 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case COMP/39.592 — Standard & Poor's) (notified under document C(2011) 8209) ( 1) ...... 8

NOTICES FROM MEMBER STATES

2012/C 31/06 Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services ( 1) ...... 10

2012/C 31/07 Information communicated by Member States regarding State aid granted under Commission Regu­ lation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regu­ lation (EC) No 70/2001 ...... 11

2012/C 31/08 Decision on a reorganisation measure in respect of S.C. Forte Asigurări SA (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings) ...... 12

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 31/09 State aid — Austria — State aid SA.32554 (09/C) & SA.32172 (11/NN) — Hypo Group Alpe Adria — Invitation to submit comments pursuant to Article 108(2) TFEU ( 1) ...... 13

OTHER ACTS

European Commission

2012/C 31/10 Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and food­ stuffs ...... 18

EN ( 1 ) Text with EEA relevance (Continued on inside back cover) 4.2.2012 EN Official Journal of the European Union C 31/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

EUROPEAN COMMISSION

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU Cases where the Commission raises no objections (Text with EEA relevance) (2012/C 31/01)

Date of adoption of the decision 18.2.2011

Reference number of State Aid NN 26/09

Member State Greece

Region Epirus

Title (and/or name of the beneficiary) Ανάπτυξη του αερολιμένα Ιωαννίνων — Anaptiksi tou aerolimena Ioan­ ninon

Legal basis Ν 3263/04 Μειοδοτικό σύστημα ανάθεσης έργων ΦΕΚ 179-I της 28ης Σεπτεμβρίου 2004

Type of measure Aid scheme

Objective Regional development

Form of aid Direct grant

Budget Overall budget: EUR 25,14 million

Intensity 100 %

Duration (period) 2009-2013

Economic sectors Air transport

Name and address of the granting authority Epirus Region Βορ. Ηπείρου 20 453 33 Ιωάννινα ΕΛΛΑΔΑ Epirus Region Vor. Ipirou 20 453 33 Ioannina GREECE C 31/2 EN Official Journal of the European Union 4.2.2012

Other information —

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

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

Date of adoption of the decision 20.12.2011

Reference number of State Aid SA.31690 (N 438/10)

Member State Germany

Region Sachsen-Anhalt

Title (and/or name of the beneficiary) IB Sachsen-Anhalt/Darlehensprogramm „Sachsen-Anhalt WACHSTUM“ für bestehende Unternehmen

Legal basis Haushaltsordnung des Landes Sachsen-Anhalt, Verwaltungsvorschriften

Type of measure Aid scheme

Objective Regional development

Form of aid Interest subsidy

Budget Overall budget: EUR 40 million

Intensity —

Duration (period) Until 31.12.2013

Economic sectors All sectors

Name and address of the granting authority Investitionsbank Sachsen-Anhalt Domplatz 12 39104 Magdeburg DEUTSCHLAND

Other information Amendment decision

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

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

Date of adoption of the decision 16.11.2011

Reference number of State Aid SA.32012 (10/N)

Member State Portugal

Region — 4.2.2012 EN Official Journal of the European Union C 31/3

Title (and/or name of the beneficiary) Sistema de incentivos a revitalização e modernização do tecido empre­ sarial (SIRME)

Legal basis Decreto-Lei

Type of measure Aid scheme

Objective Restructuring of firms in difficulty

Form of aid Rescue aid loan, Interest subsidy, Guarantee

Budget Overall budget: EUR 137,3 million

Intensity 75 %

Duration (period) 16.11.2011-31.10.2012

Economic sectors All sectors

Name and address of the granting authority IAPMEI — Instituto de Apoio ás Pequenas e Médias Empresas e Inovação Estrada do Paço do Lumiar Campus do Lumiar — Edifício A 1649-038 Lisboa PORTUGAL

Other information —

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

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

Date of adoption of the decision 22.12.2011

Reference number of State Aid SA.33472 (11/N)

Member State Netherlands

Region Het schadegebied dat gelegen is in de winterbedding van de Maas tussen de landsgrens en de Koninginnebrug bij Well voor zover daar geen gereglementeerde waterkeringen aanwezig zijn.

Title (and/or name of the beneficiary) Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011

Legal basis — Wet van 25 mei 1998 houdende regels over tegemoetkoming in de schade en de kosten ingeval van overstromingen door zoet water, aardbevingen of andere bij rampen en zware ongevallen — BWBR0009637 — Besluit van 10 november 1998 houdende regels ter uitvoering van de Wet tegemoetkoming schade bij rampen en zware ongevallen — BWBR0010000 — Regeling tegemoetkoming schade bij overstroming van de Maas in januari 2011 — BWBR0030242

Type of measure Aid scheme

Objective Compensation for damage caused by natural disasters or exceptional occurrences C 31/4 EN Official Journal of the European Union 4.2.2012

Form of aid Direct grant

Budget Overall budget: EUR 0,7 million

Intensity 100 %

Duration (period) Until 31.1.2012

Economic sectors All sectors

Name and address of the granting authority Dienst regelingen Ministerie van Economische Zaken, Landbouw en Innovatie

Other information —

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at: http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm 4.2.2012 EN Official Journal of the European Union C 31/5

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

EUROPEAN COMMISSION

Euro exchange rates ( 1) 3 February 2012 (2012/C 31/02)

1 euro =

Currency Exchange rate Currency Exchange rate

USD US dollar 1,3160 AUD Australian dollar 1,2311 JPY Japanese yen 100,30 CAD Canadian dollar 1,3189 DKK Danish krone 7,4333 HKD Hong Kong dollar 10,2068 GBP Pound sterling 0,83220 NZD New Zealand dollar 1,5829 SEK Swedish krona 8,8480 SGD Singapore dollar 1,6401 KRW South Korean won 1 470,78 CHF Swiss franc 1,2050 ZAR South African rand 10,0272 ISK Iceland króna CNY Chinese yuan renminbi 8,3042 NOK Norwegian krone 7,6440 HRK Croatian kuna 7,5843 BGN Bulgarian lev 1,9558 IDR Indonesian rupiah 11 805,66 CZK Czech koruna 25,064 MYR Malaysian ringgit 3,9616 HUF Hungarian forint 291,80 PHP Philippine peso 55,986 LTL Lithuanian litas 3,4528 RUB Russian rouble 39,8093 LVL Latvian lats 0,6999 THB Thai baht 40,638 PLN Polish zloty 4,1932 BRL Brazilian real 2,2706 RON Romanian leu 4,3485 MXN Mexican peso 16,8909 TRY Turkish lira 2,3112 INR Indian rupee 64,2270

( 1 ) Source: reference exchange rate published by the ECB. C 31/6 EN Official Journal of the European Union 4.2.2012

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 October 2011 regarding a draft decision relating to Case COMP/39.592 — EFAMA/Standard & Poor's Rapporteur: Finland (2012/C 31/03)

1. The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 12 October 2011 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.

2. The Advisory Committee agrees with the Commission that the proceedings concerning Standard & Poor's can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

3. The Advisory Committee agrees with the Commission that the commitments offered by Standard & Poor's are suitable, necessary and proportionate and should be made legally binding on the latter.

4. The Advisory Committee agrees with the Commission that, in light of the commitments offered by Standard & Poor's, there are no longer grounds for action by the Commission against the latter, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

5. The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

6. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. 4.2.2012 EN Official Journal of the European Union C 31/7

Final Report of the Hearing Officer ( 1) COMP/39.592 — Standard & Poor's (2012/C 31/04)

The draft Commitment Decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerns Standard & Poor's, a subsidiary of The McGraw-Hill Companies, Inc. Standard & Poor's, as the sole-appointed US numbering agency, which is alleged to have abused its dominant position within the meaning of Article 102 of the TFEU by charging unfair prices for the use of US International Securities Identification Numbers (‘ISINs’) in the EEA. ISINs are identifiers for securities and are indispensible for operations such as interbank communication, clearing and settlement, custody, reporting to authorities and reference data management.

The case against Standard & Poor's originated from a joint complaint submitted by the European Fund and Asset Management Agency (‘EFAMA’) and other associations.

On 6 January 2009 the Commission opened proceedings with a view to taking a decision under Chapter III of Regulation (EC) No 1/2003 ( 2 ) and adopted a statement of objections on 13 November 2009. While disagreeing with the preliminary findings, Standard & Poor's submitted a set of commitments on 7 April 2011 to meet the competition concerns of the Commission. The company offered to abolish all charges to indirect end users of US ISINs. With respect to direct users, Standard & Poor's undertook to distribute US ISIN records separately from other added value data. The initial price of this service was to be set at USD 15 000 per annum.

On 14 May 2011, the Commission published a summary of the case and the main content of the commitments in the Official Journal of the European Union pursuant to Article 27(4). It invited interested third parties to submit observations. Having received a number of responses, in particular from end users, it informed Standard & Poor's of the observations it had received. In light of these, the company submitted final revised commitments in September 2011.

After the Commission had informed the complainants about the revised commitments, they withdrew their complaint.

The Commission has now come to the conclusion that, without prejudice to Article 9(2), the proceedings should be brought to an end.

No queries or submissions have been made to me in connection with the present case by Standard & Poor's or any third parties.

I consider therefore that the right to be heard has been respected in this case.

Brussels, 26 October 2011.

Michael ALBERS

( 1 ) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29). ( 2 ) In the following, all Articles referred to relate to Regulation (EC) No 1/2003. C 31/8 EN Official Journal of the European Union 4.2.2012

Summary of Commission Decision of 15 November 2011 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case COMP/39.592 — Standard & Poor's) (notified under document C(2011) 8209) (Only the English text is authentic) (Text with EEA relevance) (2012/C 31/05)

On 15 November 2011, the Commission adopted a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 ( 1 ), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1. PRELIMINARY COMPETITION CONCERNS providers (ISPs), those ‘second’ or ‘third’ hand distributors are primarily users and redistributors but not the source of (1) In its statement of objections of 13 November 2009, the ISINs. which constitutes a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003, the Commission came to the provisional conclusion that Standard & Poor's (S&P), a subsidiary of The McGraw-Hill (4) The ISO standard 6166 was developed at international Companies, Inc., had infringed Article 102 of the Treaty level as a public service to the financial services industry. and Article 54 of the EEA Agreement by setting unfairly Under ISO's cost recovery principle, NNAs must not high fees for the supply of US International Securities charge, for the distribution of ISINs, more than necessary Identification Numbers (ISINs). to recover the costs incurred for such distribution and only if they are the direct supplier of ISINs. Furthermore, according to the same principle, in the absence of a direct supply, NNAs should not charge for the mere use of ISINs. (2) US ISINs are used by banks and other financial institutions In other words, charges to direct users should observe the in order to identify financial instruments issued in the US cost recovery principle and there should be no charges to in inter-bank communications, asset and portfolio valu­ indirect users. In this case, the ISO cost recovery principle ation, clearing and settlement, front office operations in provides a strong and useful indication for the assessment particular in relation to bonds, custody issues, internal whether the prices charged by S&P are unfair within the reporting and reporting to authorities, reference data meaning of Article 102 of the Treaty. management, etc.

(5) On that basis, the statement of objections expressed the concern that S&P's licensing fees for US ISINs are unfair (3) The ISIN system was developed by the International for several reasons. Firstly, S&P applies a licensing fee vis- Organisation for Standardisation (‘ISO’) as ISO standard à-vis indirect users, which is not in line with the afore­ 6166, in response to the increase in securities transactions mentioned principles. Secondly, the licensing fees that S&P 2 at international level. US ISINs are based on CUSIPs ( ), demands from direct users significantly exceed the costs which are the securities identifiers developed first for the incurred for that activity. domestic market in the US. The ISO standard 6166 designates S&P as the responsible National Numbering Agency (NNA) for the US. S&P has therefore a dominant position on the market for the allocation of ISINs 2. COMMITMENT DECISION according to the ISO standard 6166 but also on the market for first-hand electronic distribution and licensing (6) S&P offered commitments pursuant to Article 9 of Regu­ of US ISINs via data feeds. Although other companies also lation (EC) No 1/2003 to meet the Commission's distribute ISINs, for instance, the information service competition concerns.

( 1 ) OJ L 1, 4.1.2003, p. 1. ( 2 ) CUSIPs are the national identifiers on which the US ISINs are based by adding a country code and a control number. CUSIP stands for (7) On 14 May 2011, a notice was published in the Official Committee on Uniform Security Identification Procedures. Journal of the European Union pursuant to Article 27(4) of 4.2.2012 EN Official Journal of the European Union C 31/9

Regulation (EC) No 1/2003, summarising the case and the termination of their existing contracts with S&P, effective commitments and inviting interested third parties to give from the implementation date ( 2). As of the implemen­ their observations on the commitments within one month tation date they will be able to choose between subscribing following publication. On 12 and 26 July 2011, the to the new US ISIN Record Service, continuing with their Commission informed S&P of the observations received existing contracts or subscribing to any other product S&P from interested third parties following the publication of offers. the notice. On 13 September 2011, S&P submitted a revised proposal for commitments (the ‘revised commit­ ments’). (12) The commitments will be implemented within five months from the date when this Decision is notified to S&P. S&P will communicate the exact date (the ‘implementation (8) By Decision of 15 November 2011, pursuant to Article 9 date’) to the Commission. of Regulation (EC) No 1/2003, the Commission made the revised commitments binding on S&P for five years. The key elements of the commitments offered by S&P are (13) The effect of the commitments is limited to the EEA. This summarised below. means that direct and indirect users of the new service must be located within the EEA. S&P committed to submit a yearly confidential report to the Commission (9) S&P committed to abolish all charges to indirect users for on the implementation of the commitments. The the use of US ISINs within the EEA. This implies, firstly, commitments will apply for five years, starting from the that all indirect users currently having a licensing implementation date. agreement with S&P allowing them to use US ISINs within the EEA will no longer pay licensing fees. Secondly, S&P committed not to impose licensing fees (14) However, S&P intends to impose certain restrictions on the on any indirect user which does not currently have a use of US ISIN records. Both direct and indirect users will contract with S&P. be required to conclude an agreement with S&P that prohibits the extraction of CUSIPs from the US ISIN data as well as the bulk redistribution and resale of US (10) In respect of direct users and ISPs or service bureaus (that ISINs to companies other than affiliates located within the is to say, outsourced data management service providers) EEA. The agreements between indirect users and their ISPs that decide to obtain US ISINs from S&P and not from will contain the same clauses. ISPs and service bureaus will ISPs, S&P commits to distribute US ISIN records separately have the right to redistribute US ISIN records in bulk from other added value information, via an FTP ( 1 ) delivery format, but they may not extract CUSIPs from the US on a daily basis. Having regard to S&P’s cost data, the ISIN data. ISPs will be allowed to redistribute US ISIN initial price of that service will be set at USD 15 000 records to their affiliates, but not to other ISPs. per annum.

(15) The Advisory Committee on restrictive practices and (11) Direct and indirect users as well as ISPs which currently dominant positions issued a favourable opinion on the have a contractual relationship in place with S&P for the adoption of the decision on 25 October 2011. On use and/or distribution of US ISINs within the EEA, will, 26 October 2011, the Hearing Officer issued his final following notification from S&P, have a right to early report.

( 2 ) The date on which S&P will make available the US ISIN Record ( 1 ) File Transfer Protocol. Masterfile in data feed format via FTP delivery. C 31/10 EN Official Journal of the European Union 4.2.2012

NOTICES FROM MEMBER STATES

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Public service obligations in respect of scheduled air services (Text with EEA relevance) (2012/C 31/06)

Member State Spain

Route concerned La Gomera–Tenerife Norte La Gomera–(Tenerife Norte)–Gran Canaria El Hierro–Gran Canaria Gran Canaria–Tenerife Sur

Date of entry into force of the public service Date of publication of this notice obligations

Address where the text and any relevant Ministerio de Fomento information and/or documentation related to Dirección General de Aviación Civil the public service obligation can be obtained Subdirección General de Transporte Aéreo Paseo de la Castellana, 67 28071 Madrid ESPAÑA Tel. +34 915978454 Fax +34 915978643 E-mail: [email protected] 4.2.2012 EN Official Journal of the European Union C 31/11

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (2012/C 31/07)

Aid No: SA.34213 (12/XA) Date of implementation: —

Member State: Germany Duration of scheme or individual aid award: 26 January 2012-31 December 2012 Region: Deutschland

Title of aid scheme or name of company receiving an indi­ Objective of aid: Technical support (Article 15 of Regulation vidual aid: (EC) No 1857/2006) Bund: Effizienter Energieeinsatz im Gartenbau — Aufbau einer Informationsplattform zur Förderung des effizienten Ener­ Sector(s) concerned: Agriculture, forestry and fishing gieeinsatzes im Gartenbau als Zusatzmodul des Gartenbau- Informationssystems hortigate zur Nutzung durch die Garten­ baubranche Name and address of the granting authority: Bundesanstalt für Landwirtschaft und Ernährung (BLE) 612-40306/0002 Ref. 514 — Projektträger Agrarforschung 53168 Bonn Legal basis: Die Beihilfe wird per Änderungsbescheid (AZ: DEUTSCHLAND BLE-514-06.01-08SV001) vom 6. Dezember 2011 auf Grundlage der Bundeshaushaltsordnung gewährt. Website: Annual expenditure planned under the scheme or overall http://www.ble.de/SharedDocs/Downloads/04_ amount of individual aid granted to the company: Annual Forschungsfoerderung/HortigateZusatzmodul_ overall amount of the budget planned under the scheme: Projektverlaengerung2.html?nn=2303696 EUR 0,10 million

Maximum aid intensity: 100 % Other information: — C 31/12 EN Official Journal of the European Union 4.2.2012

Decision on a reorganisation measure in respect of S.C. Forte Asigurări SA (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings) (2012/C 31/08)

Insurance undertaking S.C. Forte Asigurări SA, with its registered office at Calea Grivitei nr. 6, etaj 5, sector 1, București, România, registered at the Trade Register Office under No J40/1814/11.3.1996, Single Registration Number 8209593, represented legally by Guglielmo Frinzi, as Director-General

Date, entry into force and nature of the decision Decision No 1068 of 21 December 2011 on launching the financial recovery procedure, based on a financial recovery plan, for S.C. Forte Asigurări SA, entering into force on the date of its notification

Competent authorities Article 11(3) of Act No 503/2004 Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sectorul 1, București, România, Tax Registration Number 14045240/1.7.2001

Supervisory authority Article 11(3) of Act No 503/2004 Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sector 1, București, România, Tax Registration Number 4045240/1.7.2001

Administrator appointed The financial recovery procedure based on a financial recovery plan does not require the appointment of a special administrator

Applicable law Act No 503/2004 on financial recovery and bankruptcy of insurance undertakings 4.2.2012 EN Official Journal of the European Union C 31/13

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

EUROPEAN COMMISSION

STATE AID — AUSTRIA State aid SA.32554 (09/C) & SA.32172 (11/NN) — Hypo Group Alpe Adria Invitation to submit comments pursuant to Article 108(2) TFEU (Text with EEA relevance) (2012/C 31/09)

By means of the letter dated 19 July 2011 reproduced in the authentic language on the pages following this summary, the Commission notified Austria of its decision to extend the procedure as laid down in Article 108(2) TFEU.

Interested parties may submit their comments on the measures in respect of which the Commission is extending the procedure within one month of the date of publication of this summary and the following letter, to:

European Commission Directorate-General for Competition State aid Greffe Office: J70, 03/225 1049 Bruxelles/Brussel BELGIQUE/BELGIË Fax: +32 22961242

Those comments will be communicated to Austria. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

TEXT OF SUMMARY regulatory capital requirements Austria granted as of 31 December 2010 an asset guarantee (Bürgschaft) to I. PROCEDURE HGAA amounting to a maximum of EUR 200 million and 1. On 12 May 2009 (case C 16/09) the Commission raised expiring on 30 June 2013. Whilst the remuneration for the doubts on the compatibility of restructuring aid received guarantee ends when the guarantee expires the remuneration by Hypo Group Alpe Adria (HGAA) with Article 107(3)(b) for amounts called upon stops in August 2013 whether the TFEU. amount is repaid or not. The guarantee constitutes a first- loss protection for an identified asset pool. 2. On 29 December 2010, Austria notified additional aid for HGAA in order for the bank to maintain the minimum III. ASSESSMENT regulatory capital requirements. 4. The measure can be found temporarily compatible, until the II. FACTS Commission takes a decision on HGAA's restructuring plan, under Article 107(3)(b) TFEU because it is required to 3. A review of the bank's assets showed at the end of 2010 a prevent the risk of insolvency of a systemically relevant need for additional write-downs. To ensure compliance with bank. The remuneration for amounts called upon stops on C 31/14 EN Official Journal of the European Union 4.2.2012

31 August 2013 even if the amounts are not repaid by then. of the restructuring aid to BayernLB with the internal The Commission has doubts whether that arrangement is market, and in particular whether the restructuring plan adequate and whether the remuneration would not need to was apt to restore the viability of BayernLB. In the same continue until repayment of the amounts called upon. The decision, the Commission questioned whether HGAA was Commission will therefore reassess that issue when assessing fundamentally sound and expressed doubts regarding the the restructuring plan. compatibility of the aid granted to HGAA by Austria with the internal market.

5. In addition, the Commission has decided to extend the proceedings laid down in Article 108(2) TFEU with respect 4. Austria notified additional aid measures for HGAA on to the above aid measure in favour of HGAA. The 18 December 2009, including a temporary asset Commission continues to have doubts, which are reinforced guarantee which has since expired, a capital injection and by the additionally needed aid measure, whether the a provision of liquidity. In its decision of 23 December 5 submitted restructuring plan is apt to restore the long-term 2009 in cases C 16/09 and N 698/09 ( ) (“the rescue deci­ viability of HGAA, whether distortions of competition have sion”) the Commission extended the investigation been sufficiently limited and whether an adequate burden- procedure in relation to those measures, which it at the sharing is achieved. same time found temporarily compatible with the internal market on the basis of Article 107(3)(b) TFEU for a period of up to six months. Austria purchased the existing shares TEXT OF LETTER from the previous owners for a symbolic euro and became therefore on 30 December 2009 the sole owner of the ‘The Commission wishes to inform Austria that, having bank. examined the information supplied by the Austrian authorities on the aid measure in the form of an asset guarantee to the benefit of Hypo Group Alpe Adria (“HGAA” or “the bank”), it 5. On 16 April 2010 Austria submitted a restructuring plan has decided to temporarily find that aid measure compatible for HGAA. with the internal market until it has concluded its examination of the restructuring plan of the bank and that it has decided to 6. In view of the ongoing assessment of the restructuring plan extend the proceedings laid down in Article 108(2) of the by the Commission Austria asked for a prolongation of the 1 Treaty on the Functioning of the European Union ( ) (TFEU) temporary approval of the measures for HGAA by letter which were instigated by decision C(2009) 3811 final on dated 15 June 2010. The Commission decided on 22 June 12 May 2009 and extended on 23 December 2009 and on 2010 in case C 16/09 ( 6) to prolong the validity of the 22 June 2010. measures until it had concluded on the restructuring plan (“the prolongation decision”).

1. PROCEDURE 7. The Commission sent a list of questions regarding the 1. In December 2008, Hypo Group Alpe Adria (HGAA), submitted restructuring plan to Austria on 11 June 2010, which was BayernLB's subsidiary at the time, received to which Austria responded on 20 September 2010. EUR 700 million of capital from BayernLB following large write-downs and losses. In addition, HGAA received EUR 900 million in Tier 1 Partizipationskapital ( 2 ) from the 8. On 29 December 2010, Austria notified an additional Republic of Austria on the basis of the Austrian bank measure in favour of HGAA in the form of an asset support scheme ( 3 ). guarantee amounting to EUR 200 million. As the measure has already been granted, it is considered as non-notified. In view of the separation of the procedures 2. On 29 April 2009, Germany notified a restructuring plan relating to BayernLB and HGAA, the Commission informed for BayernLB, including HGAA, to the Commission. Austria Austria and Germany on 7 February 2011 that the case of provided a viability plan for HGAA at the same date. HGAA would be split procedurally from the C 16/09 case and would thereafter be referred to as SA.32554 (09/C) “Restructuring Aid for Hypo Group Alpe Adria”. A 3. In its decision of 12 May 2009 in case N 254/09 ( 4 ) (“the meeting with the Austrian authorities took place on opening decision”) the Commission initiated a formal inves­ 24 January 2011. On 18 March, 15 April, and 3 May tigation procedure, raising doubts about the compatibility 2011, Austria submitted further information.

1 ( ) With effect from 1 December 2009, Articles 87 and 88 of the EC 9. On 21 April 2011, Austria submitted a new restructuring Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the plan for HGAA. purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. 10. On 24 May 2011, the Commission found the ( 2 ) Tier 1 capital with no voting rights. EUR 200 million asset guarantee in favour of HGAA ( 3 ) Commission Decision of 9 December 2008 in case N 557/08 (OJ C temporarily compatible with the internal market (decision 3, 8.1.2009, p. 2), Maßnahmen nach dem Finanzmarktstabilitäts- und SA.32172 (11/NN)), while extending the formal investi­ dem Interbankmarktstärkungsgesetz für Kreditinstitute und Versicherung­ gation procedure. sunternehmen in Österreich, last prolonged by Commission Decision of 16 December 2010 in case SA.32018 (10/N) (OJ C 20, 21.1.2011, p. 3). ( 5 ) OJ C 85, 31.3.2010, p. 21. ( 4 ) OJ C 134, 13.6.2009, p. 31. ( 6 ) OJ C 266, 1.10.2010, p. 5. 4.2.2012 EN Official Journal of the European Union C 31/15

11. Subsequently, the Austrian authorities pointed out to the from a guaranteed asset (for instance through court Commission that one element of the decision of 24 May proceedings) — including from available collateral or any 2011 did not reflect the final agreement on the guarantee other party. However, while the guarantee can be triggered between Austria and the bank. earlier, any actual payments due under the guarantee will be made as of 1 September 2013 at the earliest and until 31 January 2015 at the latest. 12. It is necessary to deal with that discrepancy. The present decision thus replaces and annuls the decision of 24 May 2011 (SA.32172 (C(2011) 3648 final)). 19. The remuneration of the guarantee is as follows: (i) from the moment when the guarantee is granted, HGAA shall 13. Given the urgency of the measures, Austria has excep­ pay a 10 % p.a. remuneration on the part of the assets tionally agreed that this decision is adopted in the guaranteed by Austria ( 7 ) and (ii) for amounts called upon English language. HGAA shall pay from the moment the guarantee is triggered and until two months after the guarantee expires (31 August 2013) instead of the remuneration set 2. DESCRIPTION out in (i) 10 % p.a. on the amount called upon as calculated at the end of each month. The payment in case of (ii) 2.1. The beneficiary and the temporarily authorised which will be paid before any payments are made on aid measures […] instruments — depends on the bank recording a 14. The seat and headquarter of HGAA is in Carinthia (Austria) profit and no payment is due for any year in which no from where the bank and the leasing business is controlled. profits are shown. The remuneration is non-cumulative. For a detailed description of the beneficiary and the auth­ orised aid measures so far, reference is made to the opening decision and the rescue decision. 2.3. The restructuring plan

20. Austria submitted a new restructuring plan on 21 April 2.2. The additional aid measure 2011, which defines as the core of the bank the preser­ vation of the South-Eastern European (SEE) network bank 15. In order to gain a deeper insight into its own portfolios, the together with a central controlling unit in the Austrian bank conducted the so-called “Review Rush” in the second holding. The SEE network consists of […]. Leasing is to half of 2010. The results of that exercise showed an be significantly curtailed and kept under the governance of additional need for write-downs which would have the locally active SEE banks. The plan acknowledges the reduced the available excess capital of the bank to a need for a structured know-how transfer and an amplifi­ degree where it was possible that the bank would not cation of the local funding base for the different banks in meet regulatory capital requirements at the end of 2010. the network. The new plan provides for a reprivatisation of the bank in […]. 16. To avoid regulatory capital ratios being breached, Austria granted to HGAA an asset guarantee with similar features to those of a capital injection (Bürgschaft) amounting to 21. The banking activities in Austria (Hypo Alpe-Adria-Bank EUR 200 million (including outstanding interest AG, “HBA”) are planned to be sold at the latest by the payments) from 31 December 2010 until 30 June 2013 end of […]. Due to the existing funding gap, the divestiture (“the guaranteed amount”). The guaranteed amount will of the Italian bank is now planned for […], instead of an constitute a first-loss protection against the need for originally envisaged earlier sale. write-downs for specified parts of outstanding assets with a nominal value of EUR 200 million in a larger asset pool with a nominal value of […] (*) and a book value as of 22. Those business activities considered to be outside the scope 31 December 2010 of […], which are listed in a so-called of the new bank's core business activities are to be wound Annex 1 (“Annex 1 assets”). down or sold by the end of […].

17. The effect of the asset guarantee is to reduce the provisioning or write-down needs of the bank and to 23. The overall earnings figures for 2010 show a result before protect its capital base. The measure differs from standard taxes of minus EUR 798 million, which is worse than impaired asset measures because the specific construction projected earlier. The individual components show that of the guarantee is such that it will only influence […]. By — when compared with the previous projections contrast, the granting of the measure does not affect the submitted to the Commission — the total earnings were bank's risk weighted assets (RWA) as such. The guarantee is about […] below those projected and the total operating therefore given for (book) losses which have already costs about […] higher than projected. The risk provisions occurred. That first-loss protection also distinguishes the were about […] higher than initially projected. According measure from a standard impaired asset measure. to the bank, the differences can be explained by various one-off effects, higher than foreseen write-downs in leasing and the rigorous evaluation of the existing portfolio against 18. The guarantee will be triggered for individual assets if possible credit risks. HGAA cannot manifestly recuperate the guaranteed value

( 7 ) HGAA has the right to cancel any outstanding guaranteed amount (*) Confidential information. which it does not intend to use anymore. C 31/16 EN Official Journal of the European Union 4.2.2012

3. ASSESSMENT guarantee which aims at reducing only the loan loss provisions of the bank. In addition, the asset guarantee 3.1. Existence of aid covers the first loss and is thus also in that way different 24. According to Article 107(1) TFEU, any aid granted by a from a standard impaired asset measure. Also, any amount Member State or through State resources in any form what­ drawn needs to be repaid to the State. On that basis, as it is soever which distorts or threatens to distort competition by constructed, the effect of the measure is to protect the favouring certain undertakings or the production of certain capital base of HGAA and is therefore similar to a capital goods shall, in so far as it affects trade between Member injection into HGAA and needs to be assessed as such. For States, be incompatible with the internal market. all those reasons, the Commission finds that the measure resembles a capital injection.

25. The Commission notes that the asset guarantee is granted from State resources within the meaning of Article 107(1) 31. HGAA has received an asset guarantee amounting to TFEU. Given that HGAA is an undertaking active in the EUR 200 million which will be remunerated with a 10 % financial sector, which is open to intense international fee p.a. on the total amount granted and not called (minus competition, the Commission considers that any cancellations) from 30 December 2010 until 30 June 2013. advantage from State resources to HGAA would have the For the amounts called upon, that remuneration will be potential to affect intra-Union trade and to distort replaced by a 10 % fee p.a. which will be paid from the competition. Austria does not dispute that the measure moment the amounts are called upon until 31 August constitutes State aid. 2013 (i.e., two months after the guarantee expires). The latter remuneration is linked to the bank making profits and is not cumulative. The Commission notes that both the 3.2. Compatibility of the aid remuneration structure and level are similar to the remun­ eration typically required for a capital injection for a 3.2.1. Application of Article 107(3)(b) TFEU distressed bank under the Recapitalisation Communication. The level of remuneration is also in line with point 29 of 26. Article 107(3)(b) TFEU provides for the possibility that the Austrian emergency bank support scheme ( 9 ) on State aid can be regarded as compatible with the internal emergency aid measures to distressed banks. However, market where it is granted “to remedy a serious disturbance the remuneration for amounts called upon stops on in the economy of a Member State”. 31 August 2013. The length of payment of the remun­ eration therefore does not seem to be in line with the 27. Whilst there has been a stabilisation process in financial Recapitalisation Communication and what the Austrian markets the Commission considers that the requirements emergency bank support scheme would require for a recap­ for State aid to be approved pursuant to Article 107(3)(b) italisation. The Commission thus has doubts whether the TFEU are still fulfilled in view of the persistently precarious remuneration structure is adequate and whether the remun­ situation in financial markets and the risk of wider negative eration would not need to continue until repayment of the spill-over effects. amounts called upon and will reassess that point when assessing the restructuring plan.

28. The Austrian Central Bank has already at an earlier occasion confirmed that HGAA is a bank with systemic 32. Austria has previously granted aid to HGAA under the importance for the financial market in Austria. Without Austrian emergency bank support scheme and has in the measure, HGAA risked closure by the supervisory auth­ addition injected capital into HGAA in a rescue operation. orities. For those reasons the Commission accepts that the Therefore, the present measure acts as a further recapitali­ guarantee can be assessed under Article 107(3)(b) TFEU. sation for a distressed bank, for which an individual notifi­ cation is required.

3.2.2. Compatibility of the measure 33. Austria has already supplied a restructuring plan which is 29. The Commission must assess the continuation of all currently being assessed by the Commission. Moreover, the emergency aid measures as restructuring aid, on the basis 8 outcome of the Review Rush report confirms the need for of the submitted restructuring plan ( ). additional capital. The supervisory authorities have confirmed that the aid is necessary in order to prevent 30. As regards the compatibility of the asset guarantee, the the threat of insolvency of a systemically relevant bank. Commission notes that the measure serves the purpose of preventing HGAA from having to provision or write down assets, which would have been necessary without the guar­ 34. The survival of HGAA requires that those measures are antee. In fact, it avoids the capital base from being reduced granted before a final decision about the restructuring or allows the capital base to be increased, as the case may can be taken and thus an urgent Commission Decision. be. However, unlike a typical impaired asset measure, it Based on the information provided, the measure seems does not have an effect on the risk weighted assets of limited to the minimum necessary to ensure regulatory the bank due to the technical construction of the compliance of HGAA and an adequate capital buffer. A temporary approval of the measure pursuant to Article 107(3)(b) TFEU is therefore possible. ( 8 ) Commission Communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (OJ C 195, 19.8.2009, p. 9). ( 9 ) See reference in footnote 3. 4.2.2012 EN Official Journal of the European Union C 31/17

35. In relation to burden-sharing the Commission considers explained by one-off effects and the allegedly more that the remuneration level and structure of the new aid rigorous examination of the existing portfolio. measure can be considered appropriate in the current circumstances. It notes first that the proposed remuneration 42. Furthermore, the Commission continues to see significant for the guarantee appears to be adequate, given that the structural funding problems for HGAA due to its wholesale remuneration will be paid once the guarantee is granted, funding model. In particular it notes the funding gap for and payments will continue once it is drawn and until two the operating banking and leasing units on a country level. months after the guarantee expires. The fact that the remuneration is linked to the bank being profitable and 43. In relation to the new aid measure, the Commission recalls not cumulative can be considered a typical feature also that the measure covers only specified parts on individual prevalent in Tier 1 capital injections. assets, which are themselves part of a wider asset pool ( 10 ). Therefore the non-covered parts of the assets do not benefit 36. A particular element contributing to ease burden-sharing from the guarantee and could still show additional future concerns is that the previous shareholders already lost deterioration which might lead to additional losses for the their stakes when Austria took over the bank in bank, with a potential impact on the viability of the bank. December 2009. Their elimination reduces the risk that The Commission will assess that risk within the formal the measure would benefit (former) shareholders without investigation. them fully contributing to the rescue of the bank. 44. In addition, the Commission has still doubts as to whether 3.2.3. Extension of the formal investigation procedure regarding the envisaged divestitures are sufficient to adequately limit the restructuring aid the distortions of competition created by the aid. In that respect the Commission notes that, according to point 31 37. The formal investigation procedure into the restructuring of of the Restructuring Communication, such measures must HGAA and the corresponding aid has to be extended with also reflect the amount of aid, which has increased. respect to the new measure. The final compatibility of the aid, and in particular the remuneration structure, will be 4. DECISION assessed on the basis of the submitted restructuring plan. The Commission has decided to temporarily find the 38. The Commission acknowledges that Austria has submitted EUR 200 million asset guarantee in favour of HGAA compatible a revised restructuring plan for HGAA, which contains a with the internal market on the basis of Article 107(3)(b) TFEU number of changes compared to the previously submitted until the Commission has taken a final decision on the restruc­ plan. However, the information provided to date regarding turing aid. the revised restructuring plan does not allay all the doubts raised by the Commission in the opening decision In the light of the considerations above, the Commission has regarding restoration of viability, burden-sharing and limi­ further decided to extend the proceedings as laid down in tation of distortions of competition. Article 108(2) TFEU with respect to the above aid measure in favour of HGAA. 39. The Commission notes that additional aid has become necessary, which demonstrates that the previously Austria is requested to forward a copy of this letter to HGAA submitted draft restructuring plan was not sufficient to immediately. restore the viability of HGAA. At present, it is not clear whether the revised plan tackles all the weaknesses of the The Commission wishes to remind Austria that Article 108(3) previous plan. TFEU has suspensory effect, and would draw your attention to Article 14 of Council Regulation (EC) No 659/1999, which 40. The Commission continues to have doubts as regards the provides that all unlawful aid may be recovered from the business model of the bank. In particular, the Commission recipient. needs to investigate further the synergies arising from the market presence of HGAA in all the network countries, and The Commission warns Austria that it will inform interested the function and tasks attributed to the holding. In parties by publishing this letter and a meaningful summary of particular it remains unclear to which extent financial it in the Official Journal of the European Union. It will also inform products, controlling devices and procedures (e.g. for risk interested parties in the EFTA countries which are signatories to management) can be used and applied to the SEE network the EEA Agreement, by publishing a notice in the EEA in its entirety, given the different level of the development Supplement to the Official Journal of the European Union, and of the local banking markets. will inform the EFTA Surveillance Authority by sending a copy of this letter. All such interested parties will be invited 41. Also, the Commission has doubts whether the lower than to submit their comments within one month of the date of previously projected results for the year 2010 can be such publication.’

( 10 ) See paragraph (17). C 31/18 EN Official Journal of the European Union 4.2.2012

OTHER ACTS

EUROPEAN COMMISSION

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2012/C 31/10)

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

SINGLE DOCUMENT COUNCIL REGULATION (EC) No 510/2006 ‘PAPAS ANTIGUAS DE CANARIAS’ EC No: ES-PDO-0005-0866-11.03.2011 PGI ( ) PDO ( X )

1. Name: ‘Papas Antiguas de Canarias’

2. Member State or third country: Spain

3. Description of the agricultural product or foodstuff: 3.1. Product type: Class 1.6 — Fruit, vegetables and cereals, fresh or processed

3.2. Description of the product to which the name in point 1 applies: 3.2.1. G e n e r a l d e s c r i p t i o n ‘Papas Antiguas de Canarias’ refers to potato tubers of varieties known in the Canary Islands as ‘antiguas’ or ‘locales’, ‘tradicionales’, ‘de color y/o de la tierra’ (‘local’, ‘traditional’, ‘coloured’ and/or ‘earth’), grown in the Canary Islands from seed from the production area of the species Solanum tuberosum subspecies andigena, Solanum tuberosum subspecies tuberosum and the triploid Solanum chaucha, all introduced into the Canary Islands before the 20th century.

The varieties of protected ‘Papas Antiguas de Canarias’ are:

Common name Synonyms

Negrita de El Hierro Papa Negra, Papa Negra de año, Papa de año

Buena Moza or Palmera Blanca Marciala Blanca, Palmera Blanca, Gobernadora Blanca, Forastera

( 1 ) OJ L 93, 31.3.2006, p. 12. 4.2.2012 EN Official Journal of the European Union C 31/19

Common name Synonyms

Colorada Marciala, Marciala Colorada, Palmera Colorada, Gobernadora Colorada, De Juan Niz

Corralera Tijarafera

Corralera Colorada

Corralera Legítima

Corralera

Negra de La Palma Marciala Negra, Palmera Negra

Negra Veteada

Rayada or Jorge Blanca y Morada

Haragana

De Ojo Azul

Blanca

Moñigo de Camello

De la Tierra

Azucena Negra Azucena Roja, Azucena Pintada, Azucena Oscura, Negra

Azucena Blanca

Bonita Negra Marrueco Negro

Bonita Blanca Blanca Marrueca, Marrueca o Marroquina, Boba

Bonita Colorada Marrueco/a Colorado/a, Bonita de Color, Bonita Roja

Bonita Llagada Bonita Ojo Perdiz

Bonita Ojo de Perdíz Bonita de Ojo Rosado, Ojo Perdiz

Borralla Melonera, Montañera

Colorada de Baga Colorada, Moruna, Londrera

Negra Yema de Huevo Negra, Negra Ramuda, Morada o de Ojo Azul

Peluca Blanca Peluquera Blanca

Peluca Negra Peluqueras Negra

Peluca Roja Peluca Rosada, Peluca Morada, Peluca Colorada, Peluca Encaranada, Peluquera Roja

Terrenta Torrenta, Turrenta, Sietecueros, Bonita Terrenta C 31/20 EN Official Journal of the European Union 4.2.2012

3.2.2. D i f f e r e n t i a t i n g c h a r a c t e r i s t i c s o f t h e p r o d u c t 3.2.2.1. Chemico-physical characteristics: Protein content is no less than 1,5 % of the weight on the dry matter.

Dry-matter content is no less than 21 % and may reach 30 % in some areas.

These potatoes have a high dry-matter content, which gives them a floury aspect when cooked.

Its essential physical characteristic is its small size, ranging from 1 cm to 8 cm. This physical characteristic is one of the features of the product.

3.2.2.2. Morphological characteristics: Volcanic soil typical throughout the Canary Islands, characterised by the absence of organic material and by the large quantities of basalt mineral elements, has resulted in a unique product with special characteristics giving rise to a distinctive morphology in ‘Papas Antiguas de Canarias’:

— ‘Papas Antiguas de Canarias’ have a skin colour that ranges from deep purple through pink and orange to brown,

— the colour of the flesh ranges from cream to deep yolk yellow. The intensity of this colour increases when cooked,

— the shape of ‘Papas Antiguas de Canarias’ is round, its surface is irregular and features more or less deep eyes,

— their typical size is small or very small, ranging from 1 cm to 8 cm.

3.2.2.3. Organoleptic characteristics: Visual phase (a) External appearance: See ‘morphological characteristics’ above.

(b) Internal appearance: The colour range of these potatoes goes from light cream to deep yellow when cooked with, in some cases, quite attractive anthocyanin rings.

Olfactory phase When cooked, ‘Papas Antiguas de Canarias’ have fresh, smooth and light aromas ranging from millet (maize) to chestnut.

Gustative phase After cooking, all the varieties have a texture which is easily recognised on the palate by its non- grainy quality. The texture may be either floury, creamy and buttery or creamy, firm and not very floury. The flavour is reminiscent of roasted cereals and autumn nuts.

3.3. Raw materials (for processed products only): Not applicable.

3.4. Feed (for products of animal origin only): Not applicable.

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

3.5.1. S o i l p r e p a r a t i o n a n d s o w i n g Preparation of the soil consists in aerating the soil by turning it over to a depth of between 15 cm and 20 cm. This is done between December and February. 4.2.2012 EN Official Journal of the European Union C 31/21

3.5.2. T i l l a g e There is a maximum of two ploughings. The first ploughing is deep, prior to planting with the aim of improving rainwater retention. The second ploughing is close to the sowing period.

The potatoes must be drilled 20 cm to 30 cm apart.

3.5.3. E a r t h i n g u p When the young shoots reach 10 cm or 15 cm they are earthed up by piling up the soil around the stems of the plant.

3.5.4. H a r v e s t i n g Manual or mechanical harvesting takes place when the tuber has reached commercial maturity, a physiological stage which is indicated by the yellowing of the aerial parts of the plant, the fall of the foliage and the ageing of the tuber. Harvest time runs from May to August, depending on when sowing has taken place.

3.6. Specific rules concerning slicing, grating, packaging, etc.: Packing is carried out in homogenous batches using new, clean packaging made from material suitable for the preservation of the product. The packaging must be mechanically sealed or sewn.

3.7. Specific rules concerning labelling: The product label must prominently display the Community ‘Protected Designation of Origin’ logo, the Protected Designation of Origin ‘Papas Antiguas de Canarias’ and any other statutory wording.

The potatoes covered by the protected designation of origin intended for consumption must bear a numbered label or secondary label to be checked by the inspection body. Before the product is put into circulation, the label must be affixed in such a way as to render re-use impossible.

The name of the island, the specific place of production and the cultivar of the protected potato may appear on the label.

4. Concise definition of the geographical area: The defined geographical area for the PDO ‘Papas Antiguas de Canarias’ comprises the land suitable for cultivation in the Canary Islands, i.e. the medium-altitude volcanic areas (‘medianías’) below 1 200 m above sea level.

The Canary Islands archipelago consists of seven islands: El Hierro, La Gomera, La Palma, Tenerife, Fuerteventura, Gran Canaria and Lanzarote. The archipelago is located off the north-west coast of Africa, between 27° 37′ and 29° 25′ N, and 13° 20′ and 18° 10′ W.

5. Link with the geographical area: 5.1. Specificity of the geographical area: The specificity of the geographical area derives from its latitude, its climatic conditions and its orography. Moreover, all these conditions, together with the cultural planting traditions, result in the characteristics of the ‘Papas Antiguas de Canarias’.

Thus the factors giving the geographical area its specificity are:

— Latitude: The geographical situation of the Canary Islands provides the optimum conditions for growing ‘Papas Antiguas de Canarias’. The Canary Islands lie between 27° 37′ and 29° 25′ N, and 13° 20′ and 18° 10′ W. C 31/22 EN Official Journal of the European Union 4.2.2012

— Soil and climatic conditions: The volcanic soil typical of the geographical area covered by this PDO is characterised by the absence of organic material and by the abundance of basalt mineral elements.

The kind of soils on which ‘Papas Antiguas de Canarias’ are grown are of the Alfisol and Aridisol types, commonly known as ‘tierra de barro’ (clay soil) and ‘tierra negras o en polvo’ (black or dusty soil) typical of the Canary Islands.

The area in which ‘Papas Antiguas de Canarias’ are grown coincides with the climatic region for Oleo-Rhamnatea crenulatae (namely the thermo-sclerophyllous forest of the Canaries thermal bioclimate and dry semi-arid ombroclimate) and Pruno-Laureata azoricae (laurel forest of the Canaries thermal bioclimate and sub-humid to humid ombroclimate). This climate together with the soil are critical factors for cultivation and production of ‘Papas Antiguas de Canarias’.

— Orography: The area defined as the growing area of ‘Papas Antiguas de Canarias’ in the Canary Islands is restricted to the zone located at an altitude range with a very distinctive geographical personality, at below 1 200 metres above sea level, known as the ‘medianías’, whose climate is characterised by the cooler conditions at higher altitude, trade winds and the Canaries cold current together with blasts of wind from Africa (‘tiempo sur’). The ‘medianías’ are a uniquely important aspect of the landscape of the islands. It is land which has been slowly and pain­ stakingly worked by Canary Island farmers who have had to struggle against the barriers to the development of agriculture posed by the steep slopes, the absence of soil, the scarcity of water and the strong winds.

— Human factor: Historically, the growing of potatoes in the Canary Islands has been a family occupation with small subsistence-level orchards, which has made it possible to maintain traditional practices over the years. These practices consist in planting and preparing the ground, tilling and sowing manually or with little mechanisation, with tillage taking place preferably between December and February. In Lanzarote, on account of its specific soil and orographic conditions, planting is carried out with an impact tool known as a ‘plantón’. The human factor is also responsible for traditional practices such as the ‘aporcado’, or digging up of soil to pile it up against the stalks of the plant.

The local cultivars of ‘Papas Antiguas de Canarias’ are tubers which, in Europe, are traditionally grown in the Canary Islands and are not only an invaluable genetic heritage but also an important ethnographical and socio-economic asset, since they are closely linked to many customs and usages typical of the traditional agricultural systems of the islands, namely the ‘medianías’. Moreover, they have contributed to the maintenance of the incomes of farmers who have kept growing them.

These potatoes are part of the traditional food in these islands; they constitute the mainstay of our cuisine and are the quality product most requested by the tourists who visit us.

5.2. Specificity of the product: The specificity of ‘Papas Antiguas de Canarias’ derives from their physical-chemical characteristics, their special morphology, their unique organoleptic characteristics, their long growing season and the way in which they are farmed.

— The high content in dry matter of more than 21 % is one of the physico-chemical char­ acteristics identifying the protected potatoes.

— Morphology: Their irregular spherical shape and small size (between 1 cm and 8 cm), combined with skin colour and the small depressions of the potato allow consumers to easily identify ‘Papas Antiguas de Canarias’ at the time of purchase.

— Organoleptic characteristics: The range of attractive colours of the skin of ‘Papas Antiguas de Canarias’, which ranges from dark purple to brown, pink and orange, gives this product its alternative name of ‘papa de color’. These attractive colours are a specific characteristic. 4.2.2012 EN Official Journal of the European Union C 31/23

When cooked, ‘Papas Antiguas de Canarias’ have fresh, smooth and light aromas ranging from millet (maize) to chestnut, with an unmistakeable persistence. The taste is also unique when cooked inasmuch as it is reminiscent of roasted cereal and autumn nuts. The texture of the edible part of ‘Papas Antiguas de Canarias’ when cooked is homogenous because it is not grainy. The lack of graininess is picked up on the palate and makes them easily recognised.

— These potatoes have a long growing period, a very long rest period and keep well, unlike other varieties.

— The growth of the tubers of ‘Papas Antiguas de Canarias’ requires short periods of light and low temperatures, although never less than 5 °C, even in winter. For this reason, the ‘medianías’ zone of the Canary Islands is ideal for them.

— The specificity of the product is recognised by the Spanish authorities inasmuch as in Royal Decree No 31/2009 of 16 January 2009 adopting the commercial quality standard for potatoes for consumption on the Spanish market and amending Annex I to Royal Decree No 2192/1984 of 28 November 1984 adopting the rules on the quality standards for fresh fruit and vegetables marketed on the internal market ‘Papas Antiguas de Canarias’ are expressly exempted.

5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI): The causal link between the geographical area and the quality and characteristics of the product is a direct consequence of the conditions in which it is produced, in particular the latitude of the geographical area (from 29° in the north to 27° in the south) and the soil and weather conditions of the defined geographical area.

Adaptation of the crop to the aridity of the basaltic volcanic soil type, the presence of hard volcanic sand or lapillo, the lack of organic elements, as well as a set of typically Canary Island edafo-climatic factors have forced these varieties to adapt to the environment in which they grow, resulting in a product with the specific chemical and organoleptic morphological characteristics set out in paragraph 3.2.2, which make it unmistakeable.

The Canary Islands are characterised by low rainfall and are typically mountainous (the highest peak in Spain is in the Canary Islands). The volcanic mountain landscape and the climatic factors together give rise on the islands to ‘horizontal rain’ caused by cooler conditions at higher altitude, trade winds and the Canaries cold current together with blasts of wind from Africa (‘tiempo sur’). ‘Horizontal rain’ does not soak the ground and thus the potatoes have a low moisture content and therefore a high percentage of dry matter with concentrated nutrients, pigments and aromatic compounds which differentiate them.

So far as concerns the human factor, farming of ‘Papas Antiguas de Canarias’ potatoes is manual or hardly mechanised as a result of the requirements of the terrain.

A traditional practice between growers of ‘Papa Antigua de Canarias’ is a complex historical seed exchange network between different production areas within the protected geographical area, which has resulted in the maintenance of varieties whose protection is sought and which have continued to adapt over the centuries until becoming unique varieties. The Canary Islands now have the first ‘Banco de Germoplasma de las Papas Antiguas de Canarias’ (Papas Antiguas de Canarias Germoplasm Bank) for the reproduction of native seeds.

The various factors involved in the special characteristics of ‘Papas Antiguas de Canarias’ cannot be separated since they act together and it is this which gives rise to a unique product which cannot be found anywhere else. C 31/24 EN Official Journal of the European Union 4.2.2012

Therefore, it follows from the foregoing that the geographical (notably the latitude), orographic, soil (an important factor in this type of crop) and climatic conditions of this area, together with the tradition of farming and the experience of the farmers mean that the ‘Papas Antiguas de Canarias’ have differentiated and unique characteristics. Reference to the publication of the specification: (Article 5(7) of Regulation (EC) No 510/2006) http://www.gobiernodecanarias.org/boc/2011/025/006.html 4.2.2012 EN Official Journal of the European Union C 31/25

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2012/C 31/11)

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

AMENDMENT APPLICATION COUNCIL REGULATION (EC) No 510/2006 AMENDMENT APPLICATION ACCORDING TO ARTICLE 9 ‘CARNE DE ÁVILA’ EC No: ES-PGI-0117-0093-13.06.2008 PGI ( X ) PDO ( )

1. Heading in the product specification affected by the amendment: —  Name of product — Description of product

— Geographical area

— Proof of origin

— Method of production

—  Link — Labelling

—  National requirements —  Other (to be specified) 2. Type of amendment(s): —  Amendment to single document or summary sheet — Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

—  Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

—  Temporary amendment to specification resulting from imposition of obligatory sanitary or phyto-sanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3. Amendment(s): 3.1. Description of product: The description of the bovine breeds used has been supplemented to include breeding bulls of the Charolais and Limousin slaughter breeds, which may be used since they are the most commonly used in crosses with breeding cows of the Avileña-Negra Ibérica breed.

This addition is because they are customarily used in the protected area and is justified by the findings of studies carried out, which show that including animals resulting from a first cross with breeding cows of the Avileña-Negra Ibérica breed as a protected product maintains the quality of the meat obtained and improves that of the conformation of the carcase while maintaining the degree of fat cover.

( 1 ) OJ L 93, 31.3.2006, p. 12. C 31/26 EN Official Journal of the European Union 4.2.2012

The description of the product is based on measurable criteria, as concluded in the report La evaluación genética de animales de la raza Avileña-Negra Ibérica para caracteres de la canal (‘Genetic evaluation of animals of the Avileña-Negra Ibérica breed with regard to the carcase characteristics’) drawn up by the Instituto Nacional de Investigación y Tecnología Agraria y Alimentaria (National Institute for Agri­ cultural and Food Research and Technology), which comes under the auspices of the Ministry of Science and Innovation.

The results obtained using four groups divided by gender and breed (males and females of the Avileña- Negra Ibérica breed, males and females resulting from the first cross between breeding cows of the Avileña-Negra Ibérica breed and males of the Charolais and Limousin breeds) showed that the conformation and the carcase yield were rather better with the first cross. The degree of fat cover is on average Type 3, is similar in all carcases and plays an important role in ensuring optimal maturing of the meat and meat quality.

The uniformity and quality of the final product sold to the consumer is guaranteed by the difference in carcase weight. In addition, the conformation characteristics are seen to be improved in animals from the first cross between breeding cows of the Avileña-Negra Ibérica breed and breeding bulls of the Charolais and Limousin breeds.

Also, the names of the types of animal, according to their age, are updated in accordance with Regulation (EC) No 275/2007 on labelling.

3.2. Proof of origin: New traceability requirements are introduced:

— individual identification of animals, using the official identification system and, in the case of animals of the Avileña-Negra Ibérica breed, also using the herd-book ear-tag,

— certification of the product: methods used to certify the product and systems used to identify the carcases, cuts and portions and to ensure traceability,

— the operators involved must keep holding registers recording lots of raw materials purchased for animal feed and animals purchased for the holding. They must also keep records of their customers, the quantity and origin of raw materials and products supplied, the destination of animals sold (for raising or slaughter), etc., and finally the correlation between consignments of animals for slaughter or rearing and the destination of carcases or groups of carcases and cuts.

3.3. Geographical area: This section is reworded to correct an error in the registered specification. The specification does not include the Province of Segovia, although it is included in Article 1 of the Order of 10 November 1993 to which this section refers. There is therefore clearly a drafting error.

3.4. Method of production: Although the method of production has not changed, this section is redrafted to reflect normal practices on holdings: extensive and/or transhumant holdings, care of the environment and animal welfare.

3.5. Labelling: The systems of identification used, the content of the labels and the data to be included thereon are all updated.

Marks have been replaced by labels, because this system of labels is currently the best way of iden­ tifying carcases and cuts and portions thereof, ensuring traceability and the complete identification of the protected product. 4.2.2012 EN Official Journal of the European Union C 31/27

SINGLE DOCUMENT COUNCIL REGULATION (EC) No 510/2006 ‘CARNE DE ÁVILA’ EC No: ES-PGI-0117-0093-13.06.2008 PGI ( X ) PDO ( )

1. Name: ‘Carne de Ávila’

2. Member State or third country: Spain

3. Description of the agricultural product or foodstuff: 3.1. Type of product: Class 1.1 — Fresh meat (and offal)

3.2. Description of the product to which the name in point 1 applies: The meat protected by the PGI must come from animals of the Avileña-Negra Ibérica breed and animals resulting from the first cross between breeding cows of the Avileña-Negra Ibérica breed and breeding bulls of the integrated Charolais and Limousin breeds.

The animals fall into different categories according to their age:

calf: an animal intended for slaughter at a maximum age of 12 months that has remained with the dam for at least 5 months;

yearling: an animal weaned at a minimum age of 5 months intended for slaughter at an age of between 12 and 24 months;

young bull: an animal intended for slaughter at an age of between 24 and 48 months.

Carcases eligible for the PGI must have a conformation class on the European scale of between O and U + and a degree of fat cover of between 2 and 4.

Fat cover class

1 1 + 2 – 2 2 + 3 – 3 3 + 4 – 4 4 + 5 – 5

E

U + X X X X X X X

U X X X X X X X

U – X X X X X X X

R + X X X X X X X

R X X X X X X X R – X X X X X X X

O + X X X X X X X Conformation O X X X X X X X

O –

P +

P

P – C 31/28 EN Official Journal of the European Union 4.2.2012

Meat from these animals has a firm consistency and is slightly moist with a fine texture. It has a bright colour, between light and purplish red, with white to cream-coloured fat and is highly regarded because of its tenderness and the intensity and quality of its flavour.

‘Carne de Ávila’ must be matured for a minimum of four days.

3.3. Raw materials (for processed products only): —

3.4. Feed (for products of animal origin only): Extensive and/or transhumant production system using grazing and forestry resources (browsing, acorns). Transhumance is an ancestral production system based on the exploitation of natural resources and involves moving livestock between different but complementary locations at different times of the year: mountain pastures in summer and autumn and holm and cork oak groves in winter and spring. An extensive system is used with a low livestock density, which averages between 0,2 and 0,4 LU/ha, in areas where this breed has traditionally grazed and which would otherwise be very difficult to rear. In times of scarcity, livestock is given supplements composed of cereals, protein crops and other raw materials, always of plant origin, together with the necessary minerals and vitamins.

3.5. Specific steps in production that must take place in the identified geographical area: The geographical area described in paragraph 4 is where the animals intended for slaughter are born, reared and fattened on the extensive holdings on which their dams are reared.

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

3.7. Specific rules concerning labelling: Each carcase covered by the PGI has a set of labels to identify it and ensure traceability of the carcase, the cuts and the portions. This comprises:

1. labels for the carcase bearing the information given below, except for the type of cut;

2. labels for the cuts bearing the specified information and the type of cut (forequarter shank, rump steak, etc.);

3. if the cut is despatched in portions, secondary labels are attached bearing the same information as the carcase labels;

4. in addition to the obligatory details, ‘Carne de Ávila’ labels must contain the following: identification mark of the Regulatory Council, official identification mark, date of slaughter, carcase number, logo of the Regulatory Council, European PGI logo and barcode.

4. Concise definition of the geographical area: The production area for the cattle of the Avileña-Negra Ibérica breed comprises the agricultural districts listed below (grouped by province and autonomous community): 4.2.2012 EN Official Journal of the European Union C 31/29

Autonomous Community of Andalusia: Huelva: Sierra. Jaén: Sierra Morena. Seville: Sierra Norte. Autonomous Community of Aragon: Teruel: Serranía de Albarracín, Maestrazgo. Autonomous Community of Castile-La Mancha: Ciudad Real: Montes Norte, Campo Calatrava, Montes Sur, Pastos. Toledo: Talavera, Torrijos, Sagra Toledo, La Jara, Montes de Nava Hermosa, Montes de los Yébenes. Autonomous Community of Castile-León: Ávila: all districts. Burgos: Demanda. León: La Montaña de Riaño. Palencia: Guardo, Cervera. Salamanca: all districts. Segovia: all districts. Soria: Pinares. Valladolid: centre, south, south-east. Zamora: Sayago. Autonomous Community of Extremadura: Cáceres: all districts. Badajoz: Alburquerque, Mérida, Don Benito, La Puebla de Alcocer, Herrera del Duque, Badajoz, Almen­ dralejo, Olivenza, Jerez de los Caballeros, Llerena. Autonomous Community of La Rioja: all districts. Autonomous Community of Madrid: Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west. Processing is carried out in the agricultural districts listed below (grouped by province and autonomous community): Autonomous Community of Castile-León: Ávila: all districts. Salamanca: all districts. Segovia: all districts. Valladolid: centre, south, south-east. Autonomous Community of Castile-La Mancha: Toledo: Talavera, Sagra Toledo. Autonomous Community of Extremadura: Cáceres: Cáceres, Trujillo, Brozas, Valencia de Alcántara, Plasencia, Hervás. Badajoz: Mérida, Badajoz, Olivenza. Autonomous Community of Madrid: Lozoya-Somosierra, Guadarrama, Metropolitan Area de Madrid, south-west. C 31/30 EN Official Journal of the European Union 4.2.2012

5. Link with the geographical area: 5.1. Specificity of the geographical area: (a) Relief The mountain areas have a rugged terrain and a complex orography, with high valleys, narrow ravines, steep slopes and wide plateaux that sometimes open to areas that are highly exposed to blizzards. The pasture land is an extensive and gently rolling plain lying at an altitude of between 300 m and 1 200 m above sea level.

(b) Climate Widely varying climates, given the breed’s wide distribution and transhumance. The livestock grazes in the meadows, the valleys and the mountains. Summers in the mountains are cool and winters very cold with severe frosts. The pasturelands generally have very hot, dry summers and mild winters.

(c) Flora The rearing of the Avileña-Negra Ibérica breed is linked to the exploitation of pastureland on which grasses, crops, shrub and woodland predominate.

There is natural pasture and cultivated pasture, as well as areas of scrub. On the natural pastureland is holm oak, common oak, savin juniper and common juniper. There are usually few trees but extensive pasture. In the mixed pasture grow holm oak, common oak and grasses and the animals can exploit the resources provided by the trees (acorns and browsing) and stubble fields.

On the mountain pastures, pine groves predominate, which for part of the year are covered in snow, thus the need for transhumance.

5.2. Specificity of the product: The meat covered by the ‘Carne de Ávila’ PGI has the following characteristics:

Meat from these animals has a firm consistency and is slightly moist with a fine texture. It has a bright colour, between light and purplish red, white to cream-coloured fat and is highly regarded because of its tenderness and the intensity and quality of its flavour.

5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI): Avileña-Negra Ibérica breeding cows belong to an indigenous bovine breed that has since ancient times been perfectly adapted to livestock farming in these geographical areas and that is becoming more numerous within the livestock population.

Initially used as draught animals, they came to be used for meat production after holdings were mechanised. Breeding bulls of other slaughter breeds were then introduced, the most widely used breeds being Charolais and Limousin.

This indigenous breed, so well adapted to the environment, exploits the area’s natural resources, such as the flora, pasture, forage, browsing and acorns. The varied diet enjoyed by the dams and the particular properties of the Avileña-Negra Ibérica breed and its first crosses with breeds with a higher conformation produce a meat with unique characteristics. The meat is amongst the most highly regarded, because of its tenderness, the intensity and quality of its flavour and its bright colour, between light and purplish red. The characteristics of this meat are essentially the result of the geographical environment, the type of feed available, whose exploitation the breed’s perfect adap­ tation to the production model used in the geographical area makes possible, and the breed.

Reference to publication of the specification: http://www.marm.es/es/alimentacion/temas/calidad-agroalimentaria/Pliego_de_Condiciones_IGP_Carne_de_ %C3%81vila_tcm7-141852.pdf

Notice No Contents (continued) Page

2012/C 31/11 Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ...... 25

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