EU: Country of origin labelling still questioned

FoodDrinkEurope submits complaint against Italy's regulation

FoodDrinkEurope, the trade body representing European food makers, has registered an official complaint with the European Commission over Italy's new country of origin labelling regulations.

In June 2016, the Italian government introduced an inter-ministerial decree governing dairy products on sale in the country. The regulation required manufacturers to indicate the source of the raw material, as well as details on the country of packaging and country of processing on-pack. In February 2018, similar rules will come into force for rice and pasta manufacturers as part of a two-year trial. During this time, depending on the product, food makers will have to indicate the country of origin as well as the country of milling, or details on the country of packaging and country of processing.
Meanwhile, in September, the country said it is bringing in origin labelling rules for tomato-based products. This aims to counter growing competition from cheaper imports of Chinese tomato puree while also restoring the prestige of “made in Italy” products by providing better guarantees as to the origins of the raw materials used. According to the figures of a recent public consultation, 85% of Italians consider it important to know the origin of the raw materials that are contained in food products. This reflects concern over issues relating to food safety, the Ministry argued.

A threat to the Single Market?
Detailing its complaint to the EC, FoodDrinkEurope said that Italy failed to comply with EU processes, noting that Italy adopted these measures without "prior notification" to the EU and suggesting that their legality can be "questioned" by some article of the Treaty on the Functioning of the European Union. This action could impede or delay the application of Italy’s decision, but does not seem to represent a threat of any real legal challenge to its implementation.

Moving the debate away from transparency, FoodDrinkEurope argued that the issue is about preserving free-trade and the principles underpinning the Single Market. The sector body also suggested that the introduction of COOL regulations by eight member states, including France, Greece, Finland and Spain, are already "negatively impacting" food trade in the Single Market. "Twenty-five years of EU Single Market have brought significant benefits to both producers and consumers; thanks to deeply integrated European food supply chains and the possibility to trade freely, the industry has been able to ensure a constant availability of safe, diverse, high-quality food for consumers across the EU, at affordable prices. It has also spurred growth and increased competition in the food and drink sector," FoodDrinkEurope insisted.

“COOL”: towards new legally constraining and clear regulation for all Member States?
Country of origin labelling is a controversial subject in Europe. Italy has previously pressed for mandatory EU-wide COOL requirements. However, the Commission has refused to legislate, citing concerns that it would push up food prices. EU regulation on food information to consumers does allow Member States to introduce additional mandatory labelling particulars for specific food categories – including on indication of origin – if they are justified on grounds of the protection of public health or consumers, among other issues.
While some countries have introduced COOL regulations in recent years, other European Member States are dissatisfied with the proliferation of national requirements. Earlier this year, Belgium – with the support of Germany, the Czech Republic, the Netherlands and Luxembourg – called for the EC to conduct an impact assessment on national rules on mandatory origin labelling. In response, the Commission asked Member States that have implemented such measures to provide feedback at the end of their "experiment", which can run to 2019. With this in mind, the European Commissioner for Health, Vytenis Andriukaitis, has promised to “launch as quickly as possible a discussion at the European level which, in light of the results of national trials, could lead to the definition of new legally constraining and clear regulation for all member states.” Mr. Andriukaitis also confirmed “the publication in coming weeks of the implementation decrees required by current regulations as to consumer information, in order to clarify the modalities of place of origin labelling on products.”

Italy holds firmly to it decisions
“We have made a clear choice to be transparent as to the indication of place of origin on product labels and we are ready to defend this decision at national and European levels.” These firm words were used by the Italian Minister of agricultural, food and forestry policies, Maurizio Martina, in commenting on the official filing of the complaint against Italy by the FoodDrinkEurope organization.
“While we wait for the complete implementation of European regulations on this issue, Italy wants to ensure that consumers have the right to know the origin of raw materials […]. These decrees are fully operational, as confirmed by the recent decision of the regional administrative court of Lazio, which rejected the appeal to stay application. We are forging ahead with improvements to our industries and protecting the work of our growers and breeders.”

Sources: FoodNavigator, vinialsupermercato.it, informatoreagrario.it, ansa.it, FreshPlaza