Consumer

Primary ingredient origin, reg. EU 2018/775. Call for action

May 30, 2018

Primary ingredient origin

, Regulation (EU) No. 2018/775 was published in the Official Journal of the European Union 29.5.18. ‘

Origin

planet earth

‘, a colossal mockery of honest consumAtors and 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, ‘laying down. Detailed rules for the implementation 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

whose contents are already known, since it was approved by the European Commission – in agreement with the member states, government

Gentiloni

included – on 16.4.18.

The European legislature had simply delegated the Brussels executive to indicate how the origin or provenance of the primary ingredient (>50 percent) must come to be specified on the label if it differs from the declared origin (understood as the country of last substantial processing) of the food product. (2) For example, Made in Italy ham from pigs of German origin.

However, the European Commission has gone beyond the limits of its mandate. Introducing a series of exemptions, in favor of:

– generic geographical indications,

– Geographical references contained in trademarks,

– PGI, as well as PDO and TSG,

– products regulated by CMO (Common Market Organization),

– liquors and spirits referred to in reg. EC 110/08, flavored wines,

– goods covered by international agreements. Such as CETA, which has already been finalized, and JEFTA, EU-Singapore, EU-Mexico, which are in the process of being finalized. As well as EU-Mercosur at an advanced stage of negotiations.

The level of precision of geographical indications, moreover, reaches in reg. EU 2018/775 the paradox of allowing the origin of the primary ingredient to be indicated by wording such as ‘EU‘, ‘non-EU‘, ‘EU and non-EU‘ (i.e. ‘origin Planet Earth‘!). Regardless, therefore, of the level of precision employed to designate the origin of the product, which may instead come to refer to a single country or even to its restricted geographical area (e.g., Region, Province).

And so, green light for ‘Emilian cheese’ with ‘EU and non-EU’ milk. Waiting for stables to open on Mars or Saturn (!).

Primary ingredient origin, excess power

The excess of power put in place by the European Commission in exercising the mandate given to it by the EU legislature is evident. In the face of the precise obligation to define rules to guarantee consumer information on the origin or provenance of the primary ingredient of food products marked Made in, the rationale of the basic rule has instead been completely thwarted.

The exceptions introduced in Brussels therefore affect the legal situation of consumers, whose information rights are set out in much broader terms in the ‘Food InformationRegulation’ (EU reg. 1169/11), in line with its stated objectives.

The injury is also serious and manifest for the operators responsible for consumer information, and especially for SMEs. Who suffer discrimination as they are forced to change labels and take on the burdens of registering new trademarks in order to obtain different treatment of entirely similar situations.

The situation is unacceptable. We must reaffirm the right of citizen-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 wish to conceal the origin of the raw materials used in their productions. #StopFakeFood!

Memberships are being gathered to propose an appeal against the disputed regulation in the appropriate courts. Interested individuals and entities are requested to contact us for this purpose by writing to

greatitalianfoodtrade@gmail.com

.