Article 26 of Regulation 1169/2011: country of origin rules and the 2025 amendment
Article 26 sets out when country of origin or place of provenance must appear on food labels. Words in Article 26(1) were substituted on 27 February 2025 by S.I. 2025/82.
The 2025 change
Article 26 of Regulation (EU) No 1169/2011 deals with country of origin and place of provenance. It sits in Chapter IV (mandatory food information), Section 2, which contains detailed provisions on mandatory particulars.
Words in Article 26(1) were substituted on 27 February 2025. The amendment was made by the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), regulation 1(2) and Schedule 15, paragraph 96(2)(g).
Relationship with other labelling rules
Article 26(1) provides that the Article is without prejudice to labelling rules set by specific provisions in domestic legislation derived from the EU, or in assimilated direct legislation. Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs is given as a particular example.
When origin must be indicated
Article 26(2) makes an indication of country of origin or place of provenance mandatory in two situations.
The first covers any food. Origin must be indicated if failing to do so might mislead the consumer about the food's true country of origin or place of provenance. The Article singles out the case where the information accompanying the food, or the label taken as a whole, would otherwise suggest a different country of origin or place of provenance.
The second covers meat that falls within the Combined Nomenclature codes listed in Annex XI. For this point, the application of the requirement is subject to two things: Commission Implementing Regulation (EU) No 1337/2013 and any regulations made under paragraph 8. The 2013 Regulation concerns fresh, chilled and frozen meat of swine, sheep, goats and poultry.
- Any food: origin is mandatory where leaving it out might mislead the consumer.
- Meat in the Annex XI codes: origin is mandatory, subject to Implementing Regulation (EU) No 1337/2013 and to any regulations made under paragraph 8.
Origin of the primary ingredient
Article 26(3) applies when a food's country of origin or place of provenance is given and differs from that of its primary ingredient. There are then two options. The label can also give the origin of the primary ingredient in question. Alternatively, it can indicate the primary ingredient's origin as being different to that of the food.
The application of this first subparagraph is subject to Commission Implementing Regulation (EU) No 2018/775, which sets rules for indicating the origin of a food's primary ingredient. It is also subject to any regulations made under paragraph 8 concerning the application of that subparagraph.
Power to make regulations
Article 26(8) provides that regulations may be made concerning the application of paragraphs 2(b) and 3. Regulations may also be made to revoke Regulation (EU) No 1337/2013 or Regulation (EU) No 2018/775.
Amendments from 31 December 2020
Several changes to Article 26 took effect on 31 December 2020.
Under S.I. 2019/529, paragraphs 4 to 7 and paragraph 9 were omitted, and words in paragraph 1 were substituted.
Under S.I. 2019/778, words in paragraphs 2(b) and 3 were substituted, and paragraph 8 was substituted. The changes to paragraphs 3 and 8 were made by provisions of that instrument as amended by S.I. 2020/1501.
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