2009/291/EC: Commission Decision of 20 March 2009 concerning the draft Regulations from Ireland on the labelling of country of origin of poultrymeat, pigmeat and sheepmeat (notified under document number C(2009) 1931) (Text with EEA relevance)
Date: 2009-03-20
Institutions: European Commission
Subjects: consumer protection, labelling, originating product, pigmeat, poultrymeat, sheepmeat

L 79/42

EN

Official Journal of the European Union

25.3.2009

COMMISSION

COMMISSION DECISION

of 20 March 2009

concerning the draft Regulations from Ireland on the labelling of country of origin of poultrymeat,
pigmeat and sheepmeat

(notified under document number C(2009) 1931)

(Only the English text is authentic)

(Text with EEA relevance)

(2009/291/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2000/13/EC of
Parliament and of
the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (1), last
amended by Directive 2003/89/EC (2), and in particular Articles
19 and 20 thereof,

Whereas:

(1)

(2)

In accordance with the procedure provided for in the
second paragraph of Article 19, Directive 2000/13/EC,
the Irish authorities notified the Commission on 25 June
2008 of a draft Health Regulations concerning the
mandatory labelling of the country of origin of poul­
trymeat, pigmeat and sheepmeat.

The draft Regulations require all poultrymeat, pigmeat
and sheepmeat, and foods containing at least 70 % by
weight of these meats to be labelled to indicate their
country of origin in clear legible type in Irish and/or
is defined as the country in
English language.
which the animal was reared for most of its life and, if
different, the country where it was slaughtered.

‘Origin’

(1) OJ L 109, 6.5.2000, p. 29.
(2) OJ L 308, 25.11.2003, p. 15.

(4)

(5)

for

secondly,

arrangements

Directive 2000/13/EC harmonises the rules governing the
labelling of foodstuffs by making provision for, on the
one hand, harmonisation of certain national provisions
and,
non-harmonised
national provisions. The scope of harmonisation is
defined in Article 3(1), which lists all
the particulars
that are compulsory on the labelling of foodstuffs ‘in
accordance with Articles 4 to 17 and subject to the
exceptions contained therein’. Furthermore, Article 4(2)
provides that other particulars in addition to those listed
in Article 3(1) may be required, in the case of specified
foodstuffs, by Community provisions or, in their absence,
by national provisions.

inter alia,

the grounds
the prevention of

Article 18(2) of Directive 2000/13/EC allows
the
adoption of non-harmonised national provisions if they
listed therein,
are justified on one of
including,
fraud and the
protection of public health, and provided they are not
of such a nature as to impede application of the def-
initions and rules laid down by Directive 2000/13/EC;
therefore where draft national labelling provisions have
been proposed in a Member State,
it is necessary to
examine their compatibility with the above-mentioned
requirements
Treaty
establishing the European Community.

provisions

and

the

the

of

In accordance with Article 3(1) point 8 of Directive
the place of origin or
2000/13/EC the indication of
provenance is mandatory ‘where failure to give such
particulars might mislead the consumer to a material
degree as to the true origin or provenance of
the
foodstuff’. This provision, by providing an obligation to
indicate the origin or the provenance of a food where
other indications on the label of a given product could
imply that such product comes from a different origin,
provides an appropriate mechanism to counter the risk
of consumers being misled.

25.3.2009

EN

Official Journal of the European Union

L 79/43

(6)

(7)

(8)

(9)

In the case of poultrymeat, pigmeat and sheepmeat, the
grounds presented by the Irish authorities do not allow
Irish consumers might, as a
for the conclusion that
general
the products
rule,
concerned come from a certain place.

erroneously

think that

Ireland has not provided any evidence that
the draft
Regulations are necessary to attain one of the objectives
of the above-mentioned Article 18 or that the obstacle
thus created is proportionate. It mentions only the aim of
informing consumers on the origin of
the products
concerned. This ground alone is not sufficient to justify
the draft Regulations.

these observations,

In light of
delivered a negative opinion pursuant
third paragraph of Directive 2000/13/EC.

the Commission has
to Article 19,

The Irish authorities should accordingly be requested not
to adopt the draft Regulations in question.

(10)

The measures provided for in this Decision are in line
with the opinion of the Standing Committee on the Food
Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Sole Article

Ireland shall not adopt the draft Health (Country of Origin of
Poultrymeat, Pigmeat and Sheepmeat) Regulations.

This Decision is addressed to Ireland.

Done at Brussels, 20 March 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission