EDA Column | IDM want to indicate the origin of a food "to draw consumers’ attention to the qualities of their products"4. Secondly, the Food Information to Consumer Regulation recalls the Community Customs Code to determine the country of origin of foods5. A definition which refers to an international standard expressed in the WTO6 Agreement on Rules of Origin which foresees the determination of country of origin as either the country where the good has been "wholly obtained" or "the country where the last substantial transformation has been carried out"7. Indeed, the international efforts to finally achieve a "common" definition of origin have clearly the purpose to ease the administrative burdens for business operators and to ensure the complete and common understanding of consumers regarding the real country of origin of food products. From this perspective it would be wise questioning the very logic of the European national origin labelling schemes. The differences among the national texts within the definition of origin and its scope might relate the national technical particulars as measures having an equivalent effect to a quantitative restriction both in a European and WTO perspective. National understanding of the definition and requirements on origin of foods "may divide an affected market into labelled and unlabelled products"8 as in France and it would quite probably draw arbitrary distinctions9 between domestic and foreign-produced foods. Therefore, national schemes on the country of origin might entail severe consequences on a WTO level as it has been shown by the dispute settlement of last year between Canada and Mexico vs the U.S.10 Finally, it seems that national technical requirements on the origin of products might result as undermining the international efforts to find a common denominator to the origin issue. A national origin definition triggers a fragmentation of the common legislative framework within the EU Internal Market and is considered a barrier to trade from an international market perspective. The purpose to avoid any consumer’s misleading might be threatened by the introduction of a different legal framework within either the EU Member States and within the WTO Members. Such differences hinder the efforts towards a harmonised European and international food legislation and bring de facto more difficulties in the consumers’ perception of the origin labelling of foods. One thing is sure: the different initiatives in many EU countries definitely put an end to the core principles of the single market for milk and dairy within the European Union. But this ‘new European approach’ will also have heavy consequences on the international milk markets as soon as this discussion will reach the WTO and Codex Alimentarius level. 1 Art 26.2.a), Regulation (EU) N. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers 2 Article 26.3, EU Regulation 1169/2011 3 "Food for thought – Revisiting the Rationale of law-based food origin protection" by Sebastian Felix Schwemer page 134-135, EFFL 3/2012 4 Recital 30 EU Regulation 1169/2011 5 Recital 33 EU Regulation 1169/2011 6 World Trade Organisation 7 Article 3.b WTO Agreement on Rules of Origin 8 "The impact of WTO law on European food Regulation" page 369, By Marco Bronckers and Ravi Soopramanien, EFFL 6/2008. 9 "The impact of WTO law on European food Regulation" page 369, By Marco Bronckers and Ravi Soopramanien, EFFL 6/2008. 10 DISPUTE SETTLEMENT: DISPUTE DS384, United States — Certain Country of Origin Labelling (COOL) Requirements IDM – International Dairy Magazine – your best option cross media platform by far. IDM DELIVERS BREAKING NEWS IN THE OFFICE AND ON THE GO... Dear Readers You will already be aware of the benefi ts of reading the leading dairy monthly, IDM International Dairy Magazine and you will undoubtably be one of the many thousands of visitors to our digital platform at international-dairy.com. But did you also know that after several weeks of successful trials we are now able to off er you the latest in news and developments directly to you in the offi ce or via your preferred device? Signing up now for our new FREE weekly newsletter couldn’t be simpler; just email sossna@blmedien.de with ‚newsletter‘ in the subject line and you will soon be reading all the latest news and developments within the milk processing industry from ingredients to equipment... in the offi ce and on the go!
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