The media circus indulges in the hypothesis of abuse of office and other crimes related to the ship Diciotti and its 177 refugees as guests. Instead, silence reigns over at least five government abuses Gentiloni who, in blatant contravention of EU rules, has forced hundreds
thousands
of Italian food businesses to face unnecessary re-labeling costs of
billions
Of packaging. Two-speed justice?
Abuse of office, 1-2-3. Decrees on origin labeling of pasta, rice, tomato
Carlo Calenda and Maurizio Martina, then ministers of Economic Development and Agricultural Policies, signed a series of interministerial decrees in 2017 bearing obligations to indicate on the labels of certain food products the origin of their ingredients.
The government led by Paolo Gentiloni has mandated all Italian businesses-industries, SMEs, artisans-to print new labels, consigning the ones left in stock to waste. To add news about the origin of:
1) wheat and semolina (in pasta),
2) rice,
3) tomatoes (in related preserves).
However, national food labeling regulations must be notified to the European Commission in advance. And their implementation must be suspended, pending the green light from Brussels.
Instead, the Gentiloni government disregarded EU rules in the three cases mentioned above by adopting the relevant ministerial decrees without waiting for due feedback from Brussels. And it spread news about the actual force of regulations whose illegality it knew well, causing unfair harm to hundreds of thousands of food businesses based in Italy.
A complaint to the Public Prosecutor ‘s Office at the Court of Rome was filed last June, by the writer, against the above-mentioned ministers and head of government, for the crimes of abuse of office and ideological forgery in public acts. (1) No matches to date.
Abuse of office, 4. Decree establishment location on label
Paolo Gentiloni and Carlo Calenda followed the same script as above in adopting Legislative Decree 145/17. Enacting the obligation to mention the location of the establishment (of production or, if different, of packaging) on the labels of Made in Italy foods.
Former Foreign Minister Angelino Alfano also played a role here. Having received-and kept hidden from Italian citizens-a letter in which the European Commission pointed out that the decree under consideration was contrary to EU law. (2)
The then deputy minister of Agriculture Andrea Olivero then joined the government’s misdeeds, publicly declaring the full force of the rule. The illegality of which, on the other hand, had been declared in unequivocal terms as early as 3.7.17 by the European Commission. (3)
Abuse of office, 5. Renewal of effectiveness of decrees of origin pasta, rice, tomato
DM 9.5.18-signed by Paolo Gentiloni, acting minister of agriculture, and Carlo Calenda-extended the effectiveness of decrees on origin labeling for pasta, rice, tomato.
These decrees-already in themselves contrary to common law, for the reasons stated above-would in any case have lapsed on 1.6.18, the date the ‘Origin Planet Earth’ (OPT) regulation came into force. And were instead extended until 3/31/20, the day before the OPT regulation was implemented. (4)
Decree 9.518 is in turn. illegitimate, for two essential reasons. First, as it aspires to renew the effectiveness of decrees that are contrary to EU rules, for failure to notify the European Commission. (5) Second, due to violation of the concept of ‘coming into force’ contained in the precepts. (6)
Conclusions
Beyond any political assessment
on the decisions of the previous and current governments in different areas, we simply note here how the Gentiloni government’s violations of EU rules have caused unjust damage to Italian food businesses.
Italian companies have been forced to believe-partly because of press releases and ministerial circulars, relaunched in the press without any verification-in the need to revise the lay-outs of their labels. Reprint them, and consign those believed to be obsolete to the pulp. By virtue of decrees that are only formally in force, but outlawed due to blatant conflict with European standards. (7)
Diciotti at five, only an investigation runs, and the administered pay. Why?
Dario Dongo
Notes
(4) See reg. EU 775/18. See also. https://www.greatitalianfoodtrade.it/consum-attori/origine-ingrediente-primario-reg-ue-2018-775-call-for-action
(5) In this regard, see the article
https://www.greatitalianfoodtrade.it/etichette/decreti-origine-prosegue-il-circo-gentiloni
(6) V.
https://www.greatitalianfoodtrade.it/etichette/decreti-origine-ultimo-atto
(7) Cf. TFEU, reg. EU 1169/11. The European rules in question, it is worth remembering, have a superordinate role over any national rules, including constitutional laws. So at least, according to established jurisprudence of the same Consulta
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
