Italian decrees that provided formandatory labeling of factory location-as well as the origin of milk in dairy products, wheat and semolina in pasta, rice, and tomatoes in canned goods-are unlawful for deliberate violation of EU rules on notification of national technical standards to Brussels. GIFT(Great Italian Food Trade) puts the European Commission on notice for clarity, once and for all. In the margin, our position on the way forward.
GIFT’s letter to the European Commission
On 11.8.19 GIFT(Great Italian Food Trade), in the person of the writer, served a letter of ‘formal notice‘, addressed to the new Secretary General of the European Commission Mrs. llze Juhansone. (1) For information to V. Secretary General Ms. Céline Gauer, (2) as well as Ms. Alexandra Nikolakopoulou (3) and Mr. Hans Ingels. (4) Subject, ‘Italian decrees on food labeling.
The missive is aimed at drawing the attention of the new General Secretariat of the Brussels institution to a serious issue that affects the functioning of the European Commission and was blatantly overlooked by outgoing Secretary General Martin Selmayr. (5) The Italian government, under the leadership of Paolo Gentiloni, has adopted four measures on food labeling, namely:
– legislative decree. 145/2017, which requires mandatory indication of the production or packaging site on the labels of all Made in Italy foods and beverages,
– Interministerial Decree 26.7.17, which provides for the mandatory indication of the origin of wheat and semolina on Italian pasta labels,
– Interministerial Decree 26.7.17, which provides for mandatory indication of the origin of rice on labels of rice produced and/or prepackaged in Italy;
– the interministerial decree 16.11.17, which stipulates the mandatory indication of the origin of tomatoes on all types of Made in Italy canned tomatoes.
European rules on prior notification of national technical standards were deliberately violated by the Gentiloni government, in all four cases. (6) Just as in an earlier case, dating back to the Berlusconi government, concerning the ‘forced’ expiration date of fresh milk (Italian Law No. 204/04).
The social partners concerned, including the writer, have already informed the European Commission about the violations of EU law mentioned above. Urging the very senior executives of DG SANTE and GROW in copy for information to intervene so that the non-applicability of the aforementioned national regulations would be officially clarified. However, the European Commission has failed in its duties, allowing years to pass without any due action.
Brussels’ inaction continues to cause enormous damage to operators in the Italian food chain and to the environment, not least because of the huge losses of food (in the case of edible fresh milk, and even subject to withdrawal from the market because of a short expiration date set by a law incompatible with EU law) and packaging (mistakenly believed to be non-compliant because it did not comply with the dictates of illegitimate decrees).
Italian authorities, in fact, continue to carry out official public controls on the basis of the aforementioned decrees, which, according to established EU Court of Justice (ECJ) case law, are illegal and unenforceable. Attached to the letter are:
– a recent example of the application of Legislative Decree 145/2017, by means of an investigation report from the Carabinieri Health Protection Command (NAS),
– a guideline on the labeling of olive oils, published by the ICQRF (Department of the Central Inspectorate for the Protection of Quality and Fraud Repression of Agri-food Products), where explicit reference is made to the decree itself. (7)
Therefore, the new General Secretariat is asked to want to set a new course for the Commission’s work. Highlighting that Brussels shares responsibility with the Italian authorities for the economic and environmental impact of these breaches of the Treaty for the Functioning of the European Union (TFEU), and in case of further delays we will have no option but to take the files to the Court of Justice.
Concluding remarks, our position on plant location and origin
Mandatory indication of ‘Madein‘ and location of the production facility on the labels of all so-called Fast Moving Consumer Goods (FMCG) – none excluded, starting with food (packaged, pre-wrapped and bulk) – is the only way forward for ethical and sustainable supply chains. Supply chains rooted in the territories, thanks to which Italy has reached first place in Europe for added value in agriculture (second place in absolute value, after France), third place for food industry turnover (after France and Germany, ISTAT data 2019).
Transparency in labeling on the origin and provenance of raw materials is essential to allow consumers the concrete possibility of making informed purchasing choices, taking into account not only the intrinsic value of goods but also the possibility of contributing to the preservation and recovery of the economy of the country and its districts, fueling the domestic demand that alone is capable of restoring life to a GDP that has been comatose for years. (8)
Complete and transparent traceability of material flows and processes, throughout the entire course of food supply chains, is undoubtedly the way forward. Also taking advantage of technologies such as publicblockchain, which-thanks to the ‘digital notarization’ of data and in compliance with applicable international standards (GS1)-can consolidate the reliance of traders and end consumers toward value chains and operators.
#EatORIGINal! Unmask your Food!, the European citizens’ initiative, must be supported and driven to the finish line in a special EU regulation, to be applied to every food product placed on the Internal Market. On the other hand, at the national level, after due notification, arequirement to indicate the origin of meat in restaurants as well as citrus fruits served by communities and in juice vending machines should be introduced as soon as possible.
On the contrary, one cannot accept the irresponsibility of penny-pinching rulers who instead of carrying out these projects head-on in Europe write their ‘convenience’ decrees, without even having the courage to notify Brussels. As this leads to unacceptable expenditures of resources and risks, for supply chain operators and control authorities. Legal certainty is the basis of civil coexistence, and it is now up to the European Commission to clarify the illegality of the decrees under consideration. We then wait to see the real proponents of ‘100% Made in Italy’ at work, who will have to come forward in Brussels and Strasbourg to achieve transparency on European labels, without wasting any more time.
Dario Dongo
Notes
(1) Ms. llze Juhansone (Latvia), Secretary General of the European Commission, has solid diplomatic experience in Brussels and in the Latvian government, with positions in the ministries of justice and in the office devoted to citizenship and migration. His summary cv is available at https://ec.europa.eu/info/sites/info/files/cv-juhansone_en_0.pdf
(2) Ms. Céline Gauer (France), V. Secretary General of the European Commission, after a master’s degree in law from the University of La Sorbonne, launched a brilliant career at the Commission’s DG COMP. His summary cv at https://ec.europa.eu/commission/sites/beta-political/files/gauer-celine-cv_en.pdf
(3) Alexandra Nikolakopoulou, V. Director-General for Food Safety, responsible for Directorates D, E, F, G (‘Food and feed safety, innovation – Food information and composition, food waste‘), DG SANTE(Directorate-General for Health and Food Safety), European Commission
(4) Hans Ingels, V. Director General 1, responsible for Directorates B, C, D, F (‘Single Market Policy, Regulation and Implementation – Single Market Policy, Mutual Recognition and Surveillance‘), DG GROW(Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs), European Commission
(5) Martin Selmayr, a much-discussed figure due to the informality of his appointment to the top echelons of the Brussels institution, would also have had the legal expertise to deal with the issues under scrutiny, which he was also repeatedly denounced for. Juncker’s ‘Rasputin,’ as nicknamed by some, was in fact a lawyer in Vienna before climbing the palace of power. But his priorities, as the oft-reported omissions show, were evidently other
(6) EU Dir. 2015/1535, reg. EU 1169/11 (art. 45)
(7) Roberto Ciancio, Roberta Capeci (2019). Practical Guide to the Labeling of Olive Oils, 2nd Edition – Updated with the new features of Legislative Decrees No. 145/2017(location and packaging establishment)
and No.231/2017 (Art.17 – lot identification) and Reg (EU) No.2018/1096. ICQRF, Ministry of Agriculture, Rome. See subtitle and Chapter 12.7, page 50, at %252FD.90fdfb131e2b48b07924/P/BLOB%
(8) See, most recently, the article https://www.greatitalianfoodtrade.it/consum-attori/pesticidi-antibiotici-e-ormoni-nel-latte-usa-lo-studio-urge-l-etichetta-di-origine
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
