The Court of Justice of the European Union (“CJEU”) has upheld the General Court’s decision from 2014 and confirmed that it is compulsory in the EU to mention on the labels of certain citrus fruits the preserving agents or other chemical substances used in post-harvest processing, regardless of whether the fruits will be sold in the EU or exported to third countries.
In 2011, the European Commission adopted Implementing Regulation 543/2011[1] that incorporated a non-binding United Nations Economic Commission for Europe (“UNECE”) standard FFV-14 concerning the marketing and commercial quality control of citrus fruits. While the UNECE standard requires the indication of the use of preserving agents or other chemical substances only if the legislation of the importing country requires it, the Commission made it compulsory to comply with such labelling requirements at the EU level.
In September 2011, Spain lodged an application before the General Court seeking the annulment of the Implementing Regulation. The General Court, addressing Spain’s arguments raised, held that:
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the Commission was not obliged to adopt a marketing standard identical to the UNECE standard and could impose compulsory labelling requirements, as it only needed to take into account, among other factors, standards adopted within the UNECE framework;
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the principle of equal treatment and non-discrimination of citrus fruit producers with respect to producers of other fruits and vegetables had not been infringed as citrus fruits have particular characteristics, for example, their peel has a specific culinary use;
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the principle of proportionality had not been infringed by imposing a mandatory labelling obligation on citrus fruit producers to include post-harvest treatment, since consumers would not be misled into thinking that other fruits not labelled in the same manner were consequently not subject to treatment with chemical substances; and
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the labelling relating to the possible post-harvest processing of citrus fruits was necessary to ensure adequate consumer protection. This protection must be guaranteed to consumers both inside and outside the EU.
Spain appealed the General Court’s decision but the CJEU dismissed Spain’s appeal in its entirety. Both the CJEU and the General Court found that citrus fruit labelling indicating the preserving agents and other chemicals used in post-harvest processing is reasonable as citrus fruit may be treated with doses of chemicals much higher than the average given the thickness of their peel, however their peel can be used in the human food chain.
The marketing standards adopted by the Commission under Regulation 1234/2007[2] apply to all marketing stages, including import and export and therefore producers as well as importers and exporters must continue to comply with the provisions of Implementing Regulation 543/2011. It is worth noting that in future the Commission may decide to adopt more stringent EU marketing standards than the UNECE standards for other agricultural produce. This is particularly so if potential hazards to human health are identified.
Notes:
[1] Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157, 15.6.2011)
[2] Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007)
