24/ 11/ 2011

As a result of the EBA lobbying efforts on 25 November 2011 the Ministry of Justice of Ukraine registered the Order of the Ministry of Economic Development and Trade of Ukraine on Amendments to the Order of the State Committee of Ukraine on Technical Regulation and Consumer Policy No. 487 of 28 October 2010 which provides for another 9 months transition period for Technical Regulation on foodstuffs labelling to enter into force.

Background: The Technical Regulation on foodstuffs labelling was elaborated with the reference to Directive 2000/13/EC of the European Parliament and of Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs and European Commission Directive 2008/5/EC of 30 January 2008 concerning the compulsory indication on the labelling of certain foodstuffs. Initially Technical Regulation foresaw a nine-months transition period which was not economically justified and was not in line with EU practices. Importantly, European Directives set a transition period from 2 to 5 years.

EBA Dairy and Food Committees have been advocating the extension of the transition period for food producers to use packaging materials and labels manufactured without the consideration of new requirements. The initial term of 9 months was considered as insufficient as the producers order packaging materials in advance and in bulk. Change of packaging design and production process is costly and time-consuming as the average term of contracts for purchases of consumer packages is between 10 months and one or more years. As of today the amounts of unused packaging materials and foodstuffs labels are still hundreds of thousands items.

Moreover, according to EU Regulation regarding food information approved by the EU Council on 29 September 2011, the new requirements to foodstuffs labelling become mandatory only 3 years after the date of the official approval. Prolongation of transition period from 9 to 18 months will provide an opportunity for foodstuff producers to prepare to new requirements without suffering unjustified losses and will guarantee smooth transition to the new conditions.

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