Origin of Processed Food UIA Congress 2016, October 30, Budapest By Michael Meyenburg

Origin of Processed Food Products Contents Food Labelling “Contradictions” Food Labelling according to Reg 2011/1169 and alia/Protection of PGIs and PDOs Reg 2012/1195 Food Labelling according to Reg 20011/1169 and alia/Unfair Competition Protection

Food Labelling “Contradictions Mandatory/Facultative Labelling /Art 6 ff of Reg 2011/1169 versus Regulation 2012/29 on Marketing Standards of Olive Oil e.g. Reg.1226/2016 Change of the Annex IX of Reg 2308/2013 and Reg.1227/2016 Change on Reg 2568/91 on the prerequisites of olive Oil several translation issues: English– both regulations GR – Reg.1226/2016 German GR – Reg.1227/2016 German Robust Kräftig Intensiv Medium Mittel Delicate Leicht

Food Labelling according to Reg 2011/1169 and alia/Protection of PGIs and PDOs Reg 2012/1195 Article 26 Country of origin or place of provenance …. without prejudice to labelling requirements ………….on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. 2. Indication of the country of origin or place of provenance mandatory: …a) where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food, (b) for meat “Bayrisches Rindfleisch”, Bavarian beef/Bavaria as indication of origin according to Regulation 1760/2000 ? Article 13 lit 1a of the EU Regulation 1151/2012: Exclusive right to owners of PGIs/PDOs

Food Labelling according to Reg 2011/1169 and alia/Protection of PGIs and PDOs Reg 2012/1195 Article 26 lit 3 Regulation 1169/2011 place of provenance of a food/primary ingredient: with Respect to PGIs see Article 5 para 2 Regulation 1151/2012 esp. lit c “at least one of the production steps of which take place in the defined geographical area“. e.g. “Schwarzwälder Schinken“, “Tiroler Speck“;

Indications of Origin/Certification Marks Qualified indications of origin Protection of use, According to Articles 22 and 23 TRIPS Protection by registration: Lisbon Agreement, Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, adopted May 2015, EU Regulations: 1308/2013 Wine Regulation, 110/2008 Spirits Regulation, 251/2014 Aromatised Wine Regulation; Foodstuff Regulation: 1151/2012; Regulation 2015/2424: EU Certification Marks (without geographic origin) Directive 2015/2436: national marks can contain g.i.

PDOs and PGIs

PDOs and PGIs PDOs identify products produced, processed and prepared in a specific geographical area, using know-how of local producers and ingredients from the region, linked to their geographical origin; precise set of specifications. Eg.:Bordeaux (France, wine), Cava (Spain, wine), Tiroler Bergkäse PDO (Austria, cheese), Prés-salés du Mont-Saint-Michel PDO (France, fresh meat product) or Pistacchio verde di Bronte PDO (Italy, fruit). PGIs identify products whose quality or reputation is linked to the place or region where it is produced, processed or prepared, the ingredients used need not necessarily come from that geographical precise set of specifications. Eg.: Liliputas PGI (Lithuania, cheese), Gofio canario PGI (Spain, cereals product), Walbecker Spargel PGI (Germany, vegetable), České pivo PGI (Czech Republic, beer).

Simple Indications of Origin Protection for simple geographical IOs for food and wine despite exclusive European Regulation? Yes, see „American Bud“, EuGH C 478/07, OGH 4 Ob 127/05b, 17 Ob 12/11g; „Made in…“ Made in USA – Assembled in the USA FTC Guidelines „all or virtual all“ See Swissness legislation as of January 1, 2017; 80 % rule Regulation 952/2013 Union Customs Code;

Food Labelling vs PDOs and PDGs Conclusions Recommendation 3 of the LIDC Congress October 2016 Proportionate mandatory labelling of origin serves certain public interest objectives. Such labelling should be clearly identified and efforts should be made to avoid conflicts between voluntary Indication of origin labels (including GIs) and mandatory labelling of origin. see http://www.ligue.org/index.php?page=reports-resolutions

Food Labelling according to Reg 2011/1169 and alia/Unfair Competition Protection  Reg 2011/1169 Article 2: Definitions (g) the definition of ‘advertising’ in point (a) of Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising; Article 6: Basic requirement Any food intended for supply to the final consumer or to mass caterers shall be accompanied by food information in accordance with this Regulation. Article 7: Fair information practices 1. Food information shall not be misleading, particularly: (a) as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production;

Food Labelling according to Reg 2011/1169 and alia/Unfair Competition Protection the Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising and comparative advertising as well as Directive 2005/29/EC Unfair Commercial Practices Directive; See esp. annex 1 lit 1: Claiming code of conduct, lit 2: displaying a trust mark, quality mark or equivalent, lit 3: endorsement from a public body, lit 4: authorisation by public or private body;

What are the remedies? According to „Unfair Competition“ : seize-and-desist-orders, preliminary injunctions, associations of consumers and competitors as plaintiffs; sellers as defendants; „ consumer model“ Austrian Supreme Court Decision, 4Ob121/15w – „smoked trouts“;

Köszönöm! Danke! Thank you! Dr Michael Meyenburg, MCJ NYU Linke Wienzeile 4/2/2, 1060 Wien michael@meyenburg.at www.meyenburg.at