Sulle ragioni dell'incoerenza fra il dire e il fare: l'indicazione dell'origine degli alimenti, il mercato interno e il regolamento di esecuzione della Commissione (UE) n. 2018/775

[Machine translation] This article addresses the issue of the relationship between transparency obligations on the origin of goods and the rules of the European Union's internal market, taking as a legal paradigm the story of the execution of art. 26 of regulation (EU) n. 1169/2011, with particular reference to Commission (EU) regulation no. 2018/775 on the origin of the primary ingredient. The Author, after reconstructing the overall legal framework in its historical-evolutionary assumptions, analyzes the gaps and numerous contradictions in the execution of the 2011 regulation, an expression of an unsurpassed cultural and economic resistance of the North-European States to the full discovery of the phases of the supply chain in the labeling of food products. The analysis makes it possible, however, to reveal the innumerable ambiguities of the European institutions, caught between 'saying' and 'doing' in a paralyzing political and legal uncertainty. The article therefore concludes with a broader reflection on the reasons why this stereotypical reading of the internal market should be abandoned once and for all, in favor of a more modern approach to problems of social equity and territorial sustainability. The hope is, therefore, a rethinking of the waiting position of the Commission (and of numerous member States), starting precisely from the discussion still pending on the implementation of art. 26 of regulation (EU) n. 1169/2011, which could receive new impetus as a result of the renewal of the main institutions of the Union following the elections last month of May., This article analyses the relationship between transparency rules (with regard to country of origin labelling) and the European Single Market regulation, taking as the juridical paradigm the implementation of art. 26 of the EU regulation 1169/2011 (in particular: the regulation of execution of the EU Commission No. 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Par-liament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food). The Author, after a description of the historical and evolutionary juridical framework, focuses on the regulatory gap and the many contradiction of the execution of the 2011 regulation on food information to consumers, that are the expression of a cultural resistance of Member States that has not been overcome (in particular: the North European States) to a complete understanding of the steps required in food labelling. The analysis exposes the numerous ambiguities of the European Institutions, with the contrasts between what is “said” and what is “done” which leads to a stalemate of political and juridical uncertainty. The article ends, therefore, with a wider reflection on the reasons for a stereotyped interpretation of the Internal market, that should be abandoned as soon as possible, in favour of a more modern approach with regard to social equity and territorial cohesion. The hope is, in the end, that the EU Commission (and the Member States) will rethink its (their) position, starting from the pending discussion on the execution of article 26 of the EU Regulation No. 1169/2011, that could give a new impulse to the issue after the renewal of the European Institutions this year.