Country of origin labelling as an instrument of protectionism in the EU

Subject: Country of origin labelling as an instrument of protectionism in the EU

In recent years it has become increasingly common for Member States to take legal or administrative steps that are inconsistent with the spirit and principles of the single market. Those steps include indicating the country of origin using ‘MADE IN...’ labels.

Under EU rules, country of origin rules may only be introduced for foodstuffs, where there is evidence of a link between the country of origin and the quality of the product. The Commission has, however, authorised a few countries to test a requirement to include information on the origin of meat and dairy products. Unfortunately, some of those countries are taking advantage of the situation and want to bring in new labelling rules for other products as well, including non-food items.

Where the vast majority of products is concerned, the country of origin has no impact whatsoever on the quality of those products. This is because quality does not depend on the country concerned, but on the production processes that companies use. ‘MADE IN...’ labels are not therefore about information for consumers: they are a market competition tool. To subliminally suggest that products from a given country are better than those produced in other countries is to undermine the foundations of the single market within the EU as a whole.

In the light of the foregoing, what steps is the Commission intending to take to prevent a situation in which indicating the country of origin using ‘MADE IN...’ labels becomes an instrument of protectionism in the EU?

Answer given by Ms Bieńkowska on behalf of the Commission

(12 April 2018)

Several pieces of Union legislation currently provide for mandatory indication of origin of certain categories of product s (1). The requirement usually relates to the designation of the ‘country of origin’, but for some food s (2), it relates to the ‘country of origin’ or the ‘place of provenance’.

When the indication of origin is not mandatory, if the origin is provided on a voluntary basis, the information must be correct and not misleading for the consumer (3).

Where there are no harmonised rules at EU level on the geographical origin of a product, national rules needs to be assessed in the light of the free movement of goods provisions in Articles 34-36 of the Treaty on the Functioning of the EU (TFEU). This assessment is done on a case-by-case basis pursuant to Article 258 TFEU or, as regards draft national rules containing technical regulations, in the framework of Directive (EU) 2015/1535 (4). For measures requiring the indication of the country of origin or place of provenance for specific types or categories of foods, the assessment is done in accordance with Articles 39 and 45 of Regulation 1169/2011.

As regards the indication of origin of foods, the Commission is currently preparing an implementing act for Regulation (EU) No 1169/2011, to be presented to Member States in the second quarter of 2018 and relating to the indication of the origin of the primary ingredient of a food when different from the provided origin of the food itself. This should complete the harmonised legal framework and at the same time, strike a good balance between the interests of producers to be able to provide meaningful information and the interests of consumers to obtain clarity with respect to origin indications.

⋅1∙ For example, for cosmetics, fresh fruit and vegetables, fish, wine, honey, olive oil, beef and veal, pre-packaged poultry meat from third countries, and fresh, chilled and

frozen meat of swine, sheep, goats and poultry.

⋅2∙ Article 2(2)(g) and Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food

information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18). ⋅3∙ Article 6(1) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices

in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). ⋅4∙ Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field

of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).