Proposal for a Council Regulation on the indication of the country of origin of certain products imported from third countries {SEC(2005) 1657}
Date: 2005-12-16
Institutions: European Commission
Subjects: approximation of laws, import, manufactured goods, originating product, third country, trade mark

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.12.2005 
COM(2005) 661 final 

2005/0254 (ACC) 

Proposal for a 

COUNCIL REGULATION 

on the indication of the country of origin of certain products imported from third 
countries 

{SEC(2005) 1657} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In December 2003 the Commission submitted to the 133 Committee of the Council a working 
document  on  a possible EU origin marking scheme,  following  a  renewed  interest  shown  on 
the subject by some Member States and some sectors. The Member States and the sectors in 
question  were  expressing  a  growing  concern  over  the  mounting  incidence  of  misleading 
and/or fraudulent origin marks being carried by imported products. Requests were made for 
rules to require origin marking of imports and/or EU products.  

In  the  first  half  of  2004,  the  Commission  launched  a  consultation  process  on  this  question 
involving  the  main  stakeholders  -  industry,  trade  unions,  consumers  and  other  institutions  - 
the results of which were discussed in the 133 Committee in July 2004. The 133 Committee 
invited  the  Commission  to  consult  further  on  the  feasibility  of  an  origin  marking  scheme 
applicable  to  selected  import  categories,  as  well  as  other  options,  and  to  submit  its 
conclusions  and  a  recommendation  to  the  Council.  Accordingly,  from  September  2004  to 
April 2005 further consultations were held. 

Taking  into  account  the  results  of  the  above  consultation  process,  the  attached  draft 
Regulation  proposes  the  introduction  of  a  compulsory  origin  marking  scheme  covering  a 
number of sectors which see benefit in the initiative (see annex), and applicable to imported 
goods only. This is the option which, on balance, takes best into account the interests of the 
larger share of stakeholders (industry, trade unions, and part of the consumer movement), it is 
an  option  which  limits  any  costs  and  negative  effects  for  other  interested  parties  (EU 
industries that have delocalised their production, traders), and which ensures at the same time 
a positive impact as regards the policy objectives of the initiative. 

At present, the European Community has no legislation on the use of origin marking (“made 
in”) for industrial products. A recent directive aiming to harmonise in-market control of unfair 
commercial  practices  also  addresses  instances  of  a  misleading  use  of  origin  indications. 
However, this directive does not define the meaning of “made in”, nor does it enable controls 
by  customs  authorities.  Rules  on  the  voluntary  use  of  origin  marks  which  exist  in  some 
Member States also differ. 

The  current  situation  puts  the  EC  at  a  disadvantage  vis-à-vis  its  trade  partners  who  require 
origin  marking  for  imports.  It  deprives  EC  producers  of  origin-sensitive  consumer  goods  to 
realise  benefits  associated  with  producing  within  the  European  Community,  and  an 
opportunity is missed to more effectively prevent false/or misleading origin claims. The EC is 
consequently missing an opportunity to enhance consumer information on the origin of some 
products which may also be useful to the enforcement of the  aforementioned directive. The 
present draft regulation aims to address these short comings. 

The EC’s main trading partners, such as Canada, China, Japan, and the USA, already impose 
origin marking on imported goods. EC exporters have to comply with those requirements and 
they have to mark their products. The present proposal will thus put the EC on a level footing 
with trade partners by putting in place equivalent legislation. 

The absence of a common definition of origin for marking purposes, of marking rules and of 
common rules on controls affects not only consumers, who may be deceived as to the origin 
of  their  purchases,  or  denied  information  on  the  origin  of  imported  goods,  but  also  the 
competitiveness of the EC industry. 

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Origin  marking  will  also  help  to  prevent  the  reputation  of  the  Community  industry  being 
tainted by inaccurate or plainly deceptive claims of origin.  

Origin marking would facilitate consumer choice, contribute to reducing fraudulent claims of 
origin. Improved transparency and consumer information about the origin of goods will also 
contribute  to  the  objective  in  the  Lisbon  agenda  of  strengthening  the  competitiveness  of 
European products suffering presently from unfair competition in the market. 

The regulation opts for a definition of the country of origin based on the EC non-preferential 
rules  of  origin,  as  applied  for  other  customs  purposes.  The  application  of  the  EC  non-
preferential  rules  of  origin  to  origin  marking  issues  is  consistent  with  EC’s  commitments 
derived from the WTO Agreement on rules of origin. 

In order to reduce the burden of the new scheme as much as possible, the Regulation limits 
the requirements and conditions to  mark  the  products  to  the  minimum  needed  to  make  sure 
that the origin mark is easily detected and understood by the consumer, but at the same time 
not easily  replaced  or faked. As to the language version, the Regulation gives the option of 
using  the  words  “made  in”  or  other  similar  expressions  in  any  official  language  of  the 
European Community, understood by the ultimate purchaser.  

Recognising  that  the  specific  means  of  fixing  a  mark  of  origin  may  depend  on  the  type  of 
product,  the  Regulation  entitles  the  Commission  to  further  regulate  this  aspect.  Considering 
also that other sectors could be interested in joining the origin marking scheme, or that origin 
marking  may  prove  less  relevant  for  others,  the  Regulation  also  entitles  the  Commission  to 
include or to suppress sectors. 

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2005/0254 (ACC) 

Proposal for a 

COUNCIL REGULATION 

on the indication of the country of origin of certain products imported from third 
countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 thereof, 

Having regard to proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

This  Regulation  should  apply  to  imported  industrial  products,  excluding  fishery  and 
aquaculture products as defined in Article 1 of Council Regulation (EC) No 104/2000 
of  17  December  1999  on  the  common  organisation  of  the  markets  in  fishery  and 
aquaculture  products2,  and  also  excluding  foodstuff  as  defined  in  Article  2  of 
Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  of  28 
January  2002  laying  down  the  general  principles  and  requirements  of  food  law, 
establishing  the  European  Food  Safety  Authority  and  laying  down  procedures  in 
matters of food safety.3 

The absence of Community rules and the disparities between the systems in force in 
the  Member  States,  as  regards  the  indication  on  certain  products  of  their  country  of 
origin,  has  given  rise  to  a  situation  where  in  a  number  of  sectors  a  major  part  of 
products imported from third countries and distributed within the Community market 
are found to carry no or misleading information concerning their country of origin.  

The  economic  significance  of  origin  marking  to  consumer  decision  and  trade  is 
recognized  by  the  practice  of  other  major  trading  partners  which  have  enacted 
mandatory origin marking requirements. Exporters in the Community have to comply 
with those requirements and have to mark the origin on products they wish to export to 
these markets. 

The  European  Communities  should  be  put  on  equal  terms  with  trade  partners  by 
putting  in  place  equivalent  legislation  which  will  also  contribute  to  prevent  false  or 
misleading claims of origin of certain imported goods. 

1 
2 
3 

OJ C , , p. . 
OJ L 17, 21.1.2000, p. 22. 
OJ L 31, 1.2.2002, p.1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

According to 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  4,  consumers  may  attach  commercial  value  to  information  on  the 
geographical origin of a good. According to that Directive, where false or misleading 
information about the geographical origin leads a consumer to buy a product which he 
would not have bought otherwise, this may constitute an unfair commercial practice. 
This directive does not mandate that information on the geographical origin of goods 
be provided, nor does it define the concept of origin. 

The creation of a common definition of origin for marking purposes, of marking rules, 
and  of  common  rules  on  controls  would  thus  create  a  level  playing  field,  facilitate 
consumer  choice  in  the  covered  sectors,  and  contribute  to  reducing  the  levels 
misleading claims of origin. 

The  introduction  of  an  origin  mark  can  contribute  to  make  demanding  Community 
standards  work  in  favour  of  the  Community  industry,  especially  small  and  medium 
enterprises. It will also help to prevent the reputation of the Community industry being 
tainted  by  inaccurate  claims  of  origin.  Improved  transparency  and  consumer 
information  about  the  origin  of  goods  will  thus  contribute  to  the  objectives  of  the 
Lisbon agenda. 

Article IX of the General Agreement on Tariffs and Trade (GATT) 1994 provides that 
WTO members may adopt and enforce laws and regulations relating to marks of origin 
on imports, notably to protect consumers against fraudulent or misleading indications. 

Under  the  Agreements  between  the  European  Community  and  Bulgaria,  Romania, 
Turkey,  and  the  Contracting  Parties  of  the  EEA  Agreement,  is  necessary  to  exclude 
products originating in these countries from the scope of the present Regualtion. 

(10)  The European Community’s non-preferential rules of origin are laid down in Council 
Regulation  (EEC)  No  2913/92  of  12  October  1992  establishing  the  Community 
Customs Code5 and its implementing provisions in Commission Regulation (EEC) No 
2454/93  of  2  July  1993  laying  down  provisions  for  the  implementation  of  Council 
Regulation  (EEC)  No  2913/92  establishing  the  Community  Customs  Code6.  It  is 
preferable to rely on these rules of origin to determine the origin of imported goods for 
the  purpose  of  this  regulation.  Using  a  concept  with  which  trade  operators  and 
administrations  are  well  acquainted  should  ease  its  introduction  and  implementation. 
Non-preferential rules of origin should be applied for all non-preferential commercial 
policy purposes. The duplication of declarations and documentation should avoided. 

(11) 

In  order  to  limit  the  burden  on  industry,  trade  and  administration,  origin  marking 
should be made mandatory for those sectors for which the Commission, based on prior 
consultation found that there was value added. Provision should be made for an easy 
adaptation of the sectoral scope of this Regulation. Provision should also be made for 
the exemption of specific products for technical or economic reasons or where origin 
marking is otherwise unnecessary for the purpose of this Regulation. This may be the 

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6 

OJ L 149, 11.6.2005, p. 22. 
OJ L 302, 19.10.1992, p.1. Regulation as last amended by the Act of Accession of 2003.  
OJ L 253, 11.10.1993, p.1. Regulation as last amended by Council Regulation (EC) No 837/2005 (OJ L 
139, 2.6.2005, p. 1). 

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case,  in  particular,  where  origin  marking  would  damage  the  goods  concerned,  or  in 
case of certain raw materials. 

(12)  Provision  should  be  made  that  data  on  the  origin  of  goods  generated  and/or  verified 
during  controls  by  the  competent  authorities  can  be  exchanged,  including  with 
authorities and other persons and organisations, for which Member States envisage an 
enforcement  role  pursuant  to  Directive  2005/29/EC.  Account  should  be  taken  of  the 
protection  of  personal  data,  commercial  and  industrial  secrecy,  and  professional  and 
administrative confidentiality. 

(13)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission7. 

(14)  Goods  in  travellers’  personal  luggage  for  personal  use  should  be  exempted  from  the 
application  of  the  present  Regulation  within  the  limits  laid  down  in  respect  of  relief 
from customs duty, and if there are no indications to suggest that the goods are part of 
commercial  traffic.  Provision  should  be  made  that  also  the  other  cases  covered  by 
Council  Regulation  (EEC)  No.  918/83  of  28  March  1983  setting  up  a  Community 
system  of  reliefs  from  customs  duty  may  also  be  excluded  from  the  scope  of  this 
Regulation by means of the implementing provisions. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

4. 

This regulation shall apply to industrial products excluding fisheries and aquaculture 
products as defined in Article 1 of Regulation (EC) No 104/2000, and foodstuff as 
defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and 
of the Council. 

Goods  that  require  marking  are  those  listed  in  the  Annex  to  this  Regulation,  and 
imported  from  third  countries,  except  for  goods  originating  in  the  Territory  of  the 
European  Communities, Bulgaria,  Romania, Turkey, and the  Contracting Parties of 
the EEA Agreement. 

Goods  may  be  exempted  from  origin  marking,  when  for  technical  or  commercial 
reasons, it appears impossible to mark them. 

The  terms  ‘origin’  and  ‘originating’  shall  refer  to  non-preferential  origin  in 
accordance with the Articles 22 to 26 of the Community Customs Code. 

‘Placing on the market’ shall mean the making available on the Community market 
of an individual product intended for end use, with a view to distribution and/or use, 
whether in return of payment or free of charge. 

7 

OJ L 184, 17.7.1999, p. 23. 

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5. 

6. 

‘Competent authorities’ shall mean any authorities involved in the control of goods 
either  at  the  time  of  importation  or  at  the  time  of  placing  on  the  market  of  such 
goods. 

This  Regulation  shall  not  apply  to  goods  of  a  non-commercial  nature  contained  in 
travellers’  personal  luggage  within  the  limits  laid  down  in  respect  of  relief  from 
customs duties, and if there are no material indications to suggest that the goods are 
part of commercial traffic. 

When  imported  goods  may  be  granted  relief  from  import  duties  pursuant  to 
Regulation (EEC) No 918/838, and there are no material indications to suggest that 
the goods are part of commercial traffic, these goods may also be excluded from the 
scope of this Regulation. 

The  Commission  may  adopt  implementing  measures,  in  accordance  with  the 
procedure referred to in Article 6(2), to determine the specific categories of goods to 
which paragraph 6 shall apply. 

The importation or placing on the market of goods shall be subject to origin marking under 
the conditions established in this Regulation. 

Article 2 

1. 

The country of origin of goods shall be marked on these goods. In case where goods 
are packaged, the marking shall be made separately on the package. 

Article 3 

The  Commission  may  adopt  implementing  measures,  in  accordance  with  the 
procedure  referred  to  in  Article  6(2),  to  determine  cases  in  which  marking  on  the 
packaging shall be accepted in lieu of marking on the goods themselves. This should, 
in particular, be the case where goods do normally reach the final consumer or user 
in their usual packaging. 

The words “made-in” together with the name of the country of origin shall indicate 
the  origin  of  goods.  The  marking  may  be  made  in  any  official  language  of  the 
European  Communities,  which  is  easily  understood  by  the  final  customers  in  the 
Member State in which the goods are to be marketed. 

The origin marking shall appear in clearly legible and indelible characters, it shall be 
visible  during  normal  handling,  markedly  distinct  from  other  information,  and  be 
presented  in  a  way  which  is  not  misleading  nor  likely  to  create  an  erroneous 
impression with regard to the origin of the product. 

The goods shall bear the required marking at the importation.  Without  prejudice to 
measures taken following Article 5 paragraph 3, the marking may not be removed or 
tampered with until the goods have been sold to the final consumer or user. 

OJ L 105, 23.4.1983, p. 1. Regulation as last amended by the Act of Accession 2003. 

2. 

3. 

4. 

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Article 4 

The  Commission  may  adopt  implementing  measures,  in  accordance  with  the  procedure 
referred to in Article 6(2), in particular, to: 

– 

– 

– 

– 

– 

– 

Determine the detailed form and modalities of origin marking. 

Establish a list of terms in all Community languages which clearly express that goods 
originate in the country indicated in the marking. 

Determine the cases where commonly used abbreviations unmistakably indicate the 
country of origin and can be used for the purpose of this Regulation. 

Determine the cases in which goods cannot or need not be marked for technical or 
economic reasons 

Determine other rules that may be required when goods are found not in compliance 
with this regulation. 

To update of the Annex to this Regulation where the assessment has changed as to 
whether origin marking is necessary for a specific sector. 

1. 

Goods are not in compliance with this Regulation, if: 

Article 5 

– 

– 

– 

They do not bear an origin marking. 

The origin marking does not correspond to the origin of the goods. 

The  origin  marking  has  being  changed  or  removed,  or  has  otherwise  been 
tampered  with,  except  where  correction  has  been  required  pursuant  to 
paragraph 3 of this Article. 

2. 

3. 

4. 

The Commission may adopt further implementing measures in accordance with the 
procedure referred to in Article 6(2) as to declarations and supporting documents that 
can be taken to demonstrate compliance with the present Regulation. 

The Member States shall lay down the rules on penalties applicable to infringements 
of  the  provisions  of  this  regulation  and  shall  take  all  measures  necessary  to  ensure 
that  they  are  implemented.  The  penalties  provided  for  must  be  effective, 
proportionate and dissuasive. The Member States shall notify those provisions to the 
Commission  within  9  months  after  the  entry  into  force  of  this  Regulation,  at  the 
latest, and shall notify it without delay of any subsequent amendment affecting them. 

Where  goods  are  not  in  compliance  with  this  Regulation,  Member  States  shall 
furthermore adopt the measures necessary to require the owner of the goods or any 
other  person  responsible  for  them  to  mark  these  goods  in  accordance  with  this 
Regulation and at their own expense. 

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5. 

1. 

2. 

Where  necessary  for  the  effective  application  of  this  Regulation,  the  competent 
authorities  may  exchange  data  received  when  controlling  compliance  with  this 
Regulation,  including  with  authorities  and  other  persons  or  organisations  which 
Member States have empowered pursuant to Article 11 of Directive 2005/29/EC. . 

Article 6 

The  Commission  shall  be  assisted  by  an  Origin  Marking  Committee  (hereinafter 
referred to as ‘the Committee’).  

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply. 

The  period  laid  down  in  Article  5  (6)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its rules of procedure. 

Article 7 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. Articles 2, 3 and 5 shall apply 12 month after the 
entry into force of this Regulation. In accordance with the procedure referred to in Article 6 
(2),  the  Commission  may  extend  this  period  by  the  time  needed  for  operators  to  put  into 
practice the origin marking requirements set by the implementing provisions, and in no case 
by less than six months. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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The products on which this Regulation is to apply are identified by their CN codes.  

ANNEX  

CN Code 

Description 

4104 41 / 4104 49 / 4105 30 / 4106 22 / 4106 32 / 
4106  40  /  4106  92  /  4107  to  4114  /  4302  13  / 
ex4302 19 (35, 80) 

Crust & Finished Leather 

4008 21 / 4008 11 / 4005 99 / 4204 / 4302 30 (25, 
31)  

Heels, Soles, Bands, Parts, synthetics, others 

8308 10(00) / 8308 90(00) /  

9401 90 / 9403 90 

4201 / 4202 / 4203 / 4204/ 4205 / 4206 

Saddlery and harness, travel goods, handbags and similar 
containers, articles of animal gut (other than silkworm gut) 

4303 / 4304 

Ch 50 – 63 

Articles of apparel, clothing accessories and other articles 
of furskin, artificial fur and articles thereof 

Textiles and textile articles 

6401 / 6402 / 6403 / 6404 / 6405 / 6406  

Footwear, gaiters and the like 

6907 / 6908 / 6911 / 6912 / 6913 / 691490100 

Ceramic products 

7013 21 11 / 7013 21 19 / 7013 21 91 /  

7013 21 99 /  

7013 31 10 / 7013 31 90 / 

7013 91 10 / 7013 91 90 

7113/7114/7115/7116 

Ch. 94 

9603 

Glassware  of  kind  used  for  table,  kitchen,  toilet,  office, 
indoor decoration or similar purposes (other than headings 
7010 or 7018) of lead crystal . 

Articles  of  jewellery  and  parts  thereof,  of  precious  metal 
or  of  metal  clad  with  precious  metal,  Articles  of 
goldsmiths'  or  silversmiths'  wares  and  parts  thereof,  of 
precious  metal  or  of  metal  clad  with  precious,  Other 
articles  of  precious  metal  clad  with  precious  metal, 
Articles  of  natural  or  cultured  pearls,  precious  or  semi-
precious stones (natural, synthetic or reconstructed) 

Furniture,  bedding,  mattresses,  cushions, 
lighting 
signs  and 
prefabricate buildings. 

illuminated 

fittings, 

lamps  and 
like, 

the 

Brooms,  brushes  (including  brushes  constituting  parts  of 
machines, 
appliances  or  vehicles),  hand-operated 
mechanical  floor  sweepers,  not  motorised,  mops  and 
feather  dusters;  prepared  knots  and  tufts  for  broom  or 
brush  making;  paint  pads  and  rollers;  squeegees  (other 
than roller squeegees) 

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