Primary ingredient origin, Regulation (EU) no. 2018/775 was published in the Official Journal of the European Union on 29.5.18. 'Origin planet Earth', a colossal mockery of consumers and honest operators who invest in the integrity of the supply chain.
Primary ingredient origin, reg. EU 2018/775
EU Regulation 2018/775, of the European Commission, 'bearing method of application of Article 26 (3) of Regulation (EU) no. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules on the indication of the country of origin or place of provenance of the primary ingredient of a food'. (1)
An obscene regulation of which you already know the contents, as approved by the European Commission - in agreement with the Member States, government Gentiloni inclusive - 16.4.18.
The European legislator had simply delegated the Brussels executive to indicate how the origin or provenance of the primary ingredient (> 50%) must be specified on the label, if different from the declared origin (understood as the country of last substantial transformation) of the food product. (2) For example, ham Made in Italy from pig of German origin.
The European Commission though has gone beyond the limits of its mandate. By introducing a series of exceptions, in favor of:
- generic geographical indications,
- geographical references contained in the trademarks,
- IGP, as well as DOP and TSG,
- products regulated by the CMO (Common Organization of Markets),
- liqueurs and spirits as per reg. CE 110/08, flavored wines,
- goods covered by international agreements. Which the CETA, already defined, and JEPHTA, EU-Singapore, EU-Mexico, being defined. In addition to EU-Mercosur at an advanced stage of negotiations.
The level of accuracy of the geographical indications, moreover, reaches in the reg. UE 2018/775 the paradox of admitting that the origin of the primary ingredient is indicated with terms such as'UE','non-EU''EU and non-EU' (that is 'Planet Earth origin'!). Therefore, regardless of the level of precision used to designate the origin of the product, which can instead refer to a single country or even to a restricted geographical area (eg Region, Province).
And so, green light for 'Emilian cheese' with milk 'EU and non-EU '. Waiting for the opening of the stables on Mars or Saturn (!).
Primary ingredient origin, excess of power
The excess of power is evident put in place by the European Commission in exercising the mandate conferred on it by the EU legislator. Faced with the specific obligation to define rules to guarantee information to the consumer on the origin or provenance of the primary ingredient of food products marked with a Made in, on the other hand, the ratio of the basic rule.
The exceptions introduced in Brussels therefore affect the legal situation of consumers, whose information rights are set out in much broader terms in the regulation 'Food Information Regulation'(EU reg. 1169/11), in line with the stated objectives of the same.
The injury is serious and obvious also for operators responsible for consumer information, and in particular for SMEs. Which suffer discrimination because they are forced to change the labels and take on the burden of registering new brands, in order to obtain a different treatment of completely similar situations.
The situation is unacceptable. We must reaffirm the right of citizens-consumers in the EU to receive the information recognized to them by reg. EU 1169/11. In the shared interest of operators who do not intend to hide the origin of the raw materials used in their productions. #StopFakeFood!
Adhesions are collected to propose an appeal against the disputed regulation, at the competent judicial offices. Interested subjects and entities are requested to contact us for this purpose, by writing to greatitalianfoodtrade@gmail.com.
Dario Dongo
Footnotes
(1) See reg. EU 2018/775, on http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32018R0775&from=EN
(2) See reg. EU 1169/11, article 26.3
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
