1. « Marketing standards »
Dairy industry
point of view
Jean-Claude GILLIS
EU Conference – Prague

2. General objectives of food legislation ?
Protect the consumers (safety, health, quality, but also product identity)
Ensure fair practices in trade (loyal competition between companies)
Facilitate the functioning of the internal market
Jean-Claude GILLIS
EU Conference – Prague

3. In general, self-regulation is not a suitable way, but when used - in exceptional cases – it should not interfere with other sectors. Self-regulation requiring the presence of a power struggle balanced between all the speakers of the food chain, and this condition not being filled, Atla is not favorable to self-regulation; if, in exceptional cases, it were to be considered, that should be that for regulations relating to one sector, without interaction with others.
Generally, co-regulation is not a suitable way. As the essential aspects have to be laid down. However under the condition that it is considered exclusively at EU level and with the implication of the professional sectors, some co-regulation could be considered ; that would allow a certain flexibility in the development and the application of the regulations.
EDA strongly recommends to adhere to international standards and to translate, where appropriate, Codex standards in EU law in coherence with Regulation (EC) 178/2002, Art.5.3.
Jean-Claude GILLIS
EU Conference – Prague

4. The choice of the legislative instrument should be based on the following principles
Proportionate to the goal;
Not overly prescriptive;
Not too expensive;
Not overly burdensome for companies;
Not renationalising within the EU;
Not counterproductive;
Up to date;
No red-tape.
Jean-Claude GILLIS
EU Conference – Prague

5. In this context, which place for the « marketing standards » ?
They continue to play their role
in many specific cases :
* where general law is not sufficient
* and especially in the field of product « identity »
→ Very important :
* to maintain the reference marks of consumers (final products)
* but also for products intended for further transformation (B to B)
Jean-Claude GILLIS
EU Conference – Prague

6. They have structured the markets and contributed to an improvement of the quality of the offer
They still :
fulfill their role of harmonization on the single market and
facilitate the free trade of the goods.
They remain an essential reference in the commercial relations and for consumer information
Jean-Claude GILLIS
EU Conference – Prague

7. In this sense, appendix XII of regulation 1234/2007 is of a major importance, since it reserves the dairy denominations, well-known by the consumer, to the only dairy products, by prohibiting their use and their reference to the imitation and substitution products.
We thank the Commission having recently pointed out these principles with force, and refused that the drinks containing soya can profit from the term “milk”.
Jean-Claude GILLIS
EU Conference – Prague

8. Importance also to preserve all the other assets represented by regulation 1234/2007 :
Appendix XIII : liquid milks
Appendix XV : yellow fats
Directive on dairy proteins (83/417)
Directive on preserved milks (2001/114).
These regulations proved since many years their interest, at the same time for consumers, industry and milk producers; the construction of the single European market largely benefit from it.
Jean-Claude GILLIS
EU Conference – Prague

9. The withdrawal of these regulations – only for « simplification » or « administrative simplification » aim
is not a good solution
Jean-Claude GILLIS
EU Conference – Prague

10. Simplification ?
Of the procedure (when too heavy and complex) : yes, if necessary
Of the content : No
Furthermore, the progressive evolution of the EU regulatory policy, based on the pre-eminence of horizontal rules coupled to « Cassis de Dijon » principle, leads to a situation with major inconvenients.
This evolution should be re-examined : especially for product “identity”, there still exist “vacuums” in the definition of certain products, and in particular some of the products whose denomination is mentioned in appendix XII of the payment /2007.
Jean-Claude GILLIS
EU Conference – Prague

11. Moreover, simplification could only be done : case by case
taking into account the international standards (Codex)
Jean-Claude GILLIS
EU Conference – Prague

12. Some additional comments concerning labelling, and also the « horizontal » legislation
Be careful not to make it more complex (ex. nutrition, allergens, etc…)
Particularly do not propose new legislative policies which are work against the functioning of the single market
Jean-Claude GILLIS
EU Conference – Prague

13. At least for the « marketing standards »
CONCLUSION
At least for the « marketing standards »
Better ≠ Less
Jean-Claude GILLIS
EU Conference – Prague

14. Thank you for your attention
Jean-Claude GILLIS
EU Conference – Prague