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the protection of geographical indications and designations of origin for
agricultural products and foodstuffs.' 90 As both these regulations have been
repealed by Regulation (EU) No 1151/2012, it will be expected that there will
be a consequential amendment to Art 26(1) to replace these references with
Regulation (EU) No 1151/2012.
2. Mandatory indication of country of origin or place of provenance
3.116
Article 26(2) of Regulation (EU) No 1169/2011 lists the following as situations
where the indication of the country of origin or place of provenance shall be
mandatory:
(a) where failure to indicate this might mislead the consumer as to the true country of
origin or place of provenance of the food, in particular if the information accom-
panying the food or the label as a whole would otherwise imply that the food has a
different country of origin or place of provenance;
(b) for meat falling within the Combined Nomenclature ('CN') codes listed in Annex
XI. 91
The application of this point shall be subject to the adoption of implementing
acts referred to in paragraph 8. 92
3.117
Recital (31) to Regulation (EU) No 1169/2011 explains that the indication of
origin is currently mandatory for beef and beef products 93 in the EU following
the bovine spongiform encephalopathy crisis and it has created consumer
expectations. 'The impact assessment of the Commission confirms that the
origin of meat appears to be consumers' prime concern.' Recital (31) points out
that as there are other meats widely consumed in the EU, such as swine, sheep,
goat and poultry meat, it is appropriate to impose a mandatory declaration of
origin for those products. The specific origin requirements could differ from
one type of meat to another according to the characteristics of the animal
90
OJ L 93, 31.3.2006, p. 12.
91
Annex XI provides as follows:
Types of Meat for which the Indication of the Country of Origin or Place of Provenance is Mandatory
CN codes (Combined Nomenclature 2010) | Description |
0203 | Meat of swine, fresh, chilled or frozen |
0204 | Meat of sheep or goats, fresh, chilled or frozen |
Ex0207 | Meat of the poultry of heading 0105, fresh, chilled or frozen |.
92
Article 26(8) provides that by 13 December 2013, following impact assessments, the Commission shall adopt
implementing acts concerning the application of Article 26(2)(b) and the application of Article 26(3). Those
implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
93
Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a
system for the identification and registration of bovine animals and regarding the labelling of beef and beef
products (OJ L 204, 11.8.2000, p. 1).
 
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