GENERAL SECRETARIAT OF THE COUNCIL Brussels, 18 May 2000

Working document DENLEG/2000/10

Subject: Proposal for a Council Directive relating to honey

• the text in document 7861/00 DENLEG 25 ADD 1;
• the changes to that text as in working document DENLEG/2000/9;
• the two elements suggested by the F delegation (new recital 6b and an addition to Article 2a; these changes are underlined).

In the Danish version: bagerihonning

In the German version: Backhonig

In the Greek version: μέλι ζαχαροπλαστικής

In the Spanish version: miel para uso industrial

In the French version: miel destiné à l'industrie

In the Italian version: miele per uso industriale

In the Dutch version: bakkershoning

In the Portuguese version: mel para uso industrial

In the Finnish version: taloushunaja

In the Swedish version: bagerihonung

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the treaty establishing the European Community, and in particular Article 37  thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Parliament ,

Having regard to the opinion of the Economic and Social Committee ,

Whereas:

1. certain vertical Directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993;

2. Council Directive 74/409/EEC of 22 July 1974 on the harmonisation of the laws of the Member States relating to honey , as last amended by the Act of Accession of Spain and Portugal, was justified by the fact that differences between national laws on the definition of honey, the various types of honey and the characteristics required of it could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market;

3. the aforesaid Directive and its subsequent amendments consequently established definitions, specified the different types of honey which could be placed on the market under appropriate names, laid down common rules on composition and determined the main labelling information so as to ensure the free movement of these products within the Community;

4. for the sake of clarity Directive 74/409/EEC should be recast, in order to make rules on the conditions for the production and marketing of honey more accessible;

5. Directive 74/409/EEC should be recast in order to bring it into line with general Community legislation on foodstuffs, particularly legislation on labelling, contaminants and methods of analysis; <

6. the general food-labelling rules set out in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs , should apply subject to certain conditions; compte tenu du lien étroit entre la qualité du miel et son origine, il est indispensable d'assurer une pleine information sur ces points afin d'éviter d'induire en erreur le consommateur sur la qualité du produit;  the particular consumer interests as regards the geographical characteristics of honey and full transparency in this regard necessitate that the country of origin where the honey has been harvested should be included in the labelling

6a. aucun pollen ou autre constituant particulier du miel ne doit être retiré, sauf si cela est inévitable lors de l'élimination de matières organiques et inorganiques étrangères; cette dernière peut être réalisée par filtration; lorsque cette filtration conduit à l'élimination d'une quantité significative de pollen, il est nécessaire d'en informer correctement le consommateur par une mention d'étiquetage appropriée;

6b. le miel dont la dénomination est complétée par des indications ayant trait à une origine florale ou végétale, régionale, territoriale ou topographique, ou par des critères de qualité spécifiques, ne peut avoir été additionné de miel filtré, et qu'afin d'améliorer la transparence du marché, l'étiquetage des miels filtrés ou destinés à l'industrie doit être obligatoire pour toute transaction dans le marché en vrac;

7. as the Commission stressed in its communication to the European Parliament and the Council of 24 June 1994 on European apiculture, the Commission may adopt methods of analysis to ensure compliance with the compositional characteristics and additional specific statements for all honey marketed in the European Community;

7a. it is desirable to take account of the work achieved on a new Codex standard for honey, adjusted, as appropriate, to the specific requirements of the Community;

8. in accordance with the principles of subsidiarity and proportionality established by Article 5 of the Treaty, the objective of laying down common definitions and rules for the products concerned and bringing the provisions into line with general Community legislation on foodstuffs cannot be sufficiently achieved by the Member States and can therefore, by reason of the nature of this Directive, be better achieved by the Community; whereas this Directive does not go beyond what is necessary to achieve the said objective;

9. the measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ;

10. to avoid creating new barriers to free movement, Member States should refrain from adopting national provisions not provided for by this Directive for the products in question,

HAS ADOPTED THIS DIRECTIVE:

This Directive shall apply to the products defined in Annex I. These products must meet the requirements set out in Annex II.

Directive 79/112/EEC shall apply to the products defined in Annex I, subject to the following conditions:

In the case of baker's honey and filtered honey, bulk containers, packs and trade documents shall clearly indicate the full product name, as referred to in Annex I, Part 1, point (b) 8 and Part 3.

The Commission may adopt methods to permit verification of compliance of honey with the provisions of this Directive. These methods shall be adopted in accordance with the procedure laid down in Article 6(2). Until the adoption of such methods, Member States shall, whenever possible, use internationally recognised validated methods such as those approved by Codex Alimentarius to verify compliance with the provisions of this Directive.

For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.

The measures necessary for the implementation of this instrument relating to the matters referred to below shall be adopted in accordance with the regulatory procedure set out in Article 6(2):

1. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as "the Committee").

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at [three] months.

3. The Committee shall adopt its rules of procedure.

Directive 74/409/EEC is hereby repealed with effect from (18 months after the entry into force of this Directive).

References to the repealed Directive shall be construed as references to this Directive.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before (18 months after the entry into force of this Directive). They shall immediately inform the Commission thereof.

The provisions shall be applied so as to:

• authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from (18 months after the entry into force of this Directive);

However, the marketing of products which fail to conform to this Directive and labelled before (30 months after the entry into force of this Directive) in accordance with Directive 74/409/EEC shall be permitted until stocks are exhausted.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

1. Honey is the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

2. The main types of honey are as follows:

3. Baker's honey

Honey, which is a) suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and b) may:

Honey consists essentially of different sugars, predominantly fructose and glucose as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. The colour of honey varies from nearly colourless to dark brown. The consistency can be fluid, viscous or partly to entirely crystallised. The flavour and aroma vary, but are derived from the plant origin.

When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must as far as possible, be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated.

Without prejudice to Annex I, part 2, point 8, no pollen or constituent particular to honey may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter.

When placed on the market as honey or used in any product intended for human consumption, honey must meet the following composition criteria:

- In general not more than 5 g/100 g

5. Free acid

Honey of declared origin from regions with

tropical climate and blends of these honeys not more than 80 mg/kg