Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - EU - 2017

Commission Consultation, 29 June 2017

COMPOSITIONAL STANDARDS - Evaluation of marketing standards (contained in the CMO Regulation, the "breakfast directives" and CMO secondary legislation)

The Commission has published a document as a ‘Evaluation and Fitness Check Roadmap’ on certain marketing standards.  The full document is available on this site but given below is the initial ‘Purpose’ from the document. The Commission would like to hear your views on the document. Submissions are required by the 27th July 2017. For more details see: https://ec.europa.eu/info/law/better-regulation/initiatives_en

The reformed Single Common Market Organisation, operational since 2014, includes marketing standards by sectors or products. Those standards are a part of the agricultural product quality policy. Their purpose is to take into account the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products and their quality (rec. 65, Reg 1308/2013).

The objective and scope of marketing standards related to agricultural product quality policy, has been defined as follows: "Marketing standards should apply to enable the market to be easily supplied with products of a standardised and satisfactory quality, and in particular should relate to technical definitions, classification, presentation, marking and labelling, packaging, production method, conservation, storage, transport, related administrative documents, certification and time limits, restrictions of use and disposal." (Rec 71 Reg 1308/2013).

Marketing standards established by the so called "Breakfast Directives" have been justified by the fact that differences between national laws could lead to unfair competition, mislead consumers, and thereby have a direct adverse effect on the establishment and functioning of the common market. (whereas (3) of Dir 2001/112; whereas (2) of Dir 2001/110, 111, 113 and 114; )

The purpose of this evaluation is to determine to what extent the EU marketing standards for food products:

• are delivering to achieve the fixed objectives;
• are useful in this sense for the stakeholders (consumers, producers, traders, packers, retailers).

The evaluation should also assess the need and direction of changes in order to improve the application of the marketing standards.

The evaluation will examine the effectiveness, efficiency, relevance, coherence and EU added value of marketing standards in order to:

• Support the management of the measures related to marketing standards policy;
• Enhance accountability; and
• Improve the application of this policy

The results of the evaluation might serve as a basis for the reflection on the need for regulatory changes related to marketing standards.

The document lists the following as being subject to the review:

• Regulation 1308/2013 of the Council and European Parliament includes a specific Chapter (Part II, Title II, Chapter I, Section 1) regrouping in particular marketing standards for: olive oil and table olives; fruit and vegetables; processed fruit and vegetable products; bananas; live plants; eggs; poultry meat; spreadable fats intended for human consumption and hops.
• Agricultural rules on marketing standards are currently defined by the following Commission Regulations: - Olive Oil – Commission Implementing Regulation 29/2012, 2568/91 - Fruits and vegetables & processed fruits and vegetables – Commission Implementing Regulation 543/2011 and Commission Regulation 1666/1999; - Bananas – Commission Implementing Regulation 1333/2011; - Eggs – Commission Implementing Regulation 589/2008; - Hatching eggs – Commission Implementing Regulation 617/2008; - Poultry meat – Commission Implementing Regulation 543/2008; - Bovine meat – Commission Implementing Regulation 566/2008; - Hops – Commission Regulation 1850/2006 (for certification of hops); - Spreadable fats, milk products – Commission Regulation 445/2007.
• "Breakfast Directives" and Regulation on food information to consumers (Regulation 1169/2011): Seven so called "Breakfast Directives" establish rules on description, definition and characteristics of certain products as well as their labelling. They concern: - Coffee and chicory extracts (Directive 1999/4/EC); - Cocoa and chocolate products (Directive 2000/36/EC); - Sugars intended for human consumption;(Directive 2001/111/EC); - Fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (Directive 2001/113/EC); - Dehydrated milk (Directive 2001/114/EC); - Fruit juices (Directive 2001/112/EC); - Honey (Directive 2001/110/EC).