Andrew Doyle (Wicklow, Fine Gael)
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Question 345: To ask the Minister for Health and Children if she and the Minister for Agriculture, Fisheries and Food have made the case to the EU Commission that country of origin labelling be permitted for Irish poultry products on grounds of unfair competition as permitted under Article 18 of Directive 2000/13/EC. [47920/08]

Mary Wallace (Meath East, Fianna Fail)
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General labelling is currently governed by Directive 2000/13/EC, which makes compulsory the indication of particulars of the place of origin or provenance only where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff. Under Article 18 of the Directive, national provisions can only be justified on grounds of the protection of public health, the prevention of fraud or unfair competition, and protection of property rights and indications of provenance.

The member state, when attempting to introduce regulations in this area, must receive a positive opinion from the European Commission. During 2008, the Department of Health and Children, on behalf of the Department of Agriculture, Fisheries and Food, proposed to introduce national legislation making mandatory country of origin labelling on poultry. This received a negative response from the European Commission, on the grounds that it was contrary to the principle of harmonisation and would create a disproportionate obstacle to the free movement of goods within the EU if implemented.

In the Commission's proposal on the provision of food information to the consumer, issued in January 2008, similar provisions to those outlined in Directive 2000/13/EC are proposed. In addition, however, allowance is made for a voluntary national measure, with mandatory requirements. Where a Food Business Operator chooses to use country of origin labelling, Article 35 of the proposal states that "where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given". It adds that, "for meat, other than beef and veal, the indication on the country of origin or place of provenance may be given as a single place only where animals have been born, reared and slaughtered in the same country or place. In other cases information on each of the different places of birth, rearing and slaughter shall be given."

Ireland submitted its position paper on the Food Information proposal on 5 November 2008. In this proposal, Ireland pressed for mandatory country of origin labelling for all foodstuffs. Ireland suggested that, for meat, information be also given regarding the country of birth, rearing and slaughter (where different from the country of origin). The Department of Health and Children will continue to pursue this issue through the EU Working Group charged with developing the proposal. It is expected that the proposal will not be finalised until at least late 2009.