Recently the European Court of Justice (ECJ) held that national obligations regarding the country of origin labelling of food products are acceptable only subject to strict prerequisites. At the same time, existing regulations at the EU level appear not to satisfy consumers' wishes to obtain more information on food products.

In 2011, the European Union collated food labelling requirements in a harmonised Regulation on the provision of food information to consumers (Regulation (EU) 1169/2011). The Regulation requires that the origin of a given food must be stated whenever consumers might be misled about its actual country of origin or place of provenance without such information. This applies, in particular, when the information or label provided with the food in its totality implies that the food has a different country of origin or place of provenance. The Regulation does not affect existing special rules for various foodstuffs such as vegetables, beef, or olive oil, nor rules for the protection of guaranteed traditional   specialities, protected designation of origin, protected geographical indications, or geographical indications. Moreover, the Regulation allows member states to pass additional rules that mandate further obligations regarding the designation of origin or provenance of specified foodstuffs.

However, the ECJ recently stipulated major restrictions, holding that member states may not pass stricter national measures except subject to narrow prerequisites. The cause of the ruling was a French decree which required designating the origin for milk and dairy products. Lactalis, a French dairy giant, sued to have this decree annulled. The French Conseil d‘État asked the ECJ to clarify whether the Regulation allows member states to enact nationally binding regulations on the origin or provenance of milk or milk used as an ingredient.

The ECJ made it clear that a mandatory designation of origin is permissible only when a link can be established between certain qualities of a food and its origin and the member state can demonstrate that such information is important for a majority of consumers. Otherwise, such information is mandatory only if its lack would make it possible to deceive consumers on the true origin of the food. In other words: The milk from France would need to be demonstrably better because it originates from France and the consumers would accord this circumstance adequate consideration.

In an Austrian context, this would mean that a designation of origin is necessary when a carton of milk is labelled “Milk from Salzburg” but actually contains milk of another provenance. This information may also be required when there is a link between the quality of a food and its origin. This may well be assumed to be the case with protected designations of origin, protected geographical indications, or geographical indications. Any general obligation of a country of origin labelling for milk or dairy products, however, does not apply (same as for most other agricultural products) because their mandatory labelling is not permissible under Regulation (EU) 1169/2011.

It is arguable whether the EU Regulation actually does justice to its aim of ensuring that consumers are “appropriately informed as regards the food they consume”. A Commission report of 2015 found that almost 43% of consumers use the designation of origin in order to give preference to national or local products. National measures could certainly impede the free movement of goods, but nothing prevents the Commission from submitting proposals that take into account consumers' wishes for more information on the origin of foods. It can be assumed that the origin in a given country does not necessarily state anything regarding the quality of a product. Yet for agricultural products, the designation of origin at least says something about the distance they have travelled between their place of provenance and the persons consuming them.

 

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