Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 4 January 2018
The Commission has prepared a draft Commission Implementing Regulation. The following are the introductory recitals from the draft. The consultation closes on the 1 February 2018.
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Commission Implementing Regulation on the provision of voluntary indication of origin or place of provenance of foods A copy of the document is available on this site (click on image). |
For more details, see: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-34773_en
(1) Article 26 of Regulation (EU) N° 1169/2011 establishes general rules and requirements regarding the indication of the country of origin or place of provenance of foods, which should apply without prejudice to the specific Union provisions.
(2) Article 26(2)(a) of Regulation (EU) No 1169/2011 requires the indication of the country of origin or place of provenance where its omission could mislead the consumer as to the true country of origin or place of provenance of the final food in question, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance. This Article aims at preventing misleading food information which implies a certain origin of a food, when in fact its true origin is different.
(3) Article 26(3) of Regulation (EU) N° 1169/2011 provides that where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient, the country of origin or place of provenance of the primary ingredient in question shall also be given or indicated as being different to that of the food. It further states that the application of these requirements shall be subject to the adoption of an implementing act.
(4) Article 26(3) of Regulation (EU) N° 1169/2011 addresses cases where the country of origin or place of provenance is given mandatorily, including in accordance with Article 26(2)(a) of the Regulation, or voluntarily through any indication such as statements, terms, pictorial presentation or symbols.
(5) Voluntary indications such as geographical statements included in, or accompanying the name of the food, may also be part of product designations protected as geographical indications or as trade marks according to specific EU legislations.
(6) Indications of the country of origin or the place of provenance of a food which are part of product designations protected as geographical indications under Regulation (EU) No 1151/2012, Regulation (EU) No 1308/2013, Regulation (EC) No 110/2008 or Regulation (EU) No 251/2014 or protected pursuant to international agreements fall within the scope of Article 26(3) of Regulation (EU) N° 1169/2011. In view of the fact that for these product designations an intrinsic link between product characteristics and geographical origin exists, that they are regulated by specific rules, including rules on labelling, and taking into consideration the specific character of these names as intellectual property rights, it is necessary to further examine how the origin of the primary ingredient provided by Article 26(3) of Regulation (EU) No 1169/2011 should be indicated for said names.
(7) Indications of the country of origin or the place of provenance of a food which are part of trade marks registered under Directive (EU) No 2015/2436 fall within the scope of Article 26(3) of Regulation (EU) N° 1169/2011. Trade marks may consist of any signs, in particular words, including personals names, designs, letters, names, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs give to the goods or services of one undertaking a distinctive character. The purpose of trade marks is to allow the consumer to identify a particular commercial source or trade origin in connection with specific good and/or services. Taking into consideration the specific character and objective of trade marks, it is appropriate to further examine how the origin of the primary ingredient provided by Article 26(3) of Regulation (EU) No 1169/2011 should be indicated when required for trade marks.
(8) Customary and generic names including geographic terms that literally indicate origin, but whose common understanding is not an indication of origin or place of provenance of the food, should not be covered by this Regulation.
(9) For the purpose of this Regulation, identification marks accompanying the food in accordance with Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin should not be considered as an indication of the country of origin or the place of provenance.
(10) To enable consumers to make better informed choices, it is necessary to set specific rules which should apply for the purpose of this Regulation where the country of origin or the place of provenance of the primary ingredient is given. Those rules shall ensure that such information is sufficiently precise and meaningful.
(11) It is therefore appropriate that such indication for the primary ingredient is provided with reference to a geographical area which should be easy to understand for the consumer. The use of invented names for regions or other geographical areas which are not meaningful information or could mislead the consumer as to the real place of provenance of the primary ingredient should be prohibited.
(12) Where a primary ingredient is a food subject to specific Union provisions on the indication of the country of origin or the place of provenance, these provisions could be alternatively used for the purposes of Article 26(3)(a) of the Regulation.
(13) Where food business operators opt to only indicate the country of origin or place of provenance of the primary ingredient as being different to that of the food, for example because of multiple or variable supply sources and particular production processes, it is appropriate to provide a framework which takes into account the various circumstances of food processing. The relevant indication should ensure comprehensible information to the consumer.
(14) Information provided with respect to primary ingredient in accordance with this Regulation should complement the information given to the consumers on the country of origin or place of provenance of the food, and should be easily visible and clearly legible and where appropriate indelible. An appropriate transitional period should be established for the application of this Regulation, in accordance with Article 47 of Regulation (EU) No 1169/2011, which requires that any new food information measures should apply as from 1 April in any calendar year. The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
