# EUR-Lex - 52004PC0030 - EN

Avis juridique important

*|*

# 52004PC0030

**Proposal for a Council Regulation on actions in the field of beekeeping /* COM/2004/0030 final - CNS 2004/0003 */ **

*

*

Proposal for a COUNCIL REGULATION on actions in the field of beekeeping

(presented by the Commission)

EXPLANATORY MEMORANDUM

Under Article 6 of Council Regulation (EC) No 1221/97 the Commission is to present to the European Parliament and the Council every three years a report on the implementation of the beekeeping aid scheme.

The Commission hereby presents the second report. In its conclusions, the Commission proposes that a new Regulation be adopted in order to adapt the objectives in the beekeeping sector to the current situation.

The aim of this proposal is to improve the conditions for the production and marketing of honey in the European Union. This objective may be achieved by means of three-year national programmes which include measures in the field of technical assistance, control of varroasis, rationalisation of transhumance, restocking hives and applied research in the field of beekeeping and apiculture products.

The control of varroasis is not an eradication measure but aims to reduce the economic impact of this disease caused by a parasite on the profitability of production.

In order to be eligible for the Community part-financing for the national programmes, the Member States must draw up and forward to the Commission a study on the structure of the sector, the production and marketing of the products and on the measures they plan to carry out.

The Member States must also send the Commission statistical data on these programmes.

2004/0003 (CNS)

Proposal for a COUNCIL REGULATION on actions in the field of beekeeping

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 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 European Economic and Social Committee,

Whereas:

(1) Following the Communication from the Commission to the Council and the European Parliament on European apiculture in 1994, the Council concluded that proposals were required for a framework Regulation on beekeeping [1].

[1] COM(1994) 256 final.

(2) In June 1997 the Council adopted Regulation (EC) No 1221/97 laying down general rules for the application of measures to improve the production and marketing of honey [2].

[2] OJ L 173, 1.7.1997, p. 1. Regulation as amended by Regulation (EC) No 2070/98 (OJ L 265, 30.9.1998, p. 1).

(3) The Commission sent the Council and the European Parliament reports on the implementation of Regulation (EC) No 1221/97 in February 2001 [3] and January 2004 [4]. The conclusions drawn from these reports show that the measures provided for by Regulation (EC) No 1221/97 should be adapted to the current situation in the Community beekeeping sector. That Regulation should therefore be repealed and replaced by a new one.

[3] COM(2001) 70 final, 16.2.2001.

[4] COM(2004) ....

(4) Beekeeping is a sector of agriculture, the main functions of which are economic activity and rural development, the production of honey and other products of the hive and the maintenance of ecological balance.

(5) The sector is characterised by diversity of production conditions and yields, and by the dispersion and variety of producers and traders, both at the production and marketing stage.

(6) In view of the spread of varroasis in several Member States in recent years and the problems which this disease causes for honey production, action by the Community is necessary as varroasis cannot be completely eradicated and treatment with approved products is recommended.

(7) Given these circumstances and in order to improve the production and marketing of apiculture products in the Community, national programmes should be drawn up every three years comprising technical assistance, control of varroasis, rationalisation of transhumance, management of the restocking of hives in the Community, and cooperation on research programmes on beekeeping and apiculture products.

(8) In order to supplement the statistical data on beekeeping, Member States should carry out studies on the structure of the sector, covering production, marketing and price formation.

(9) Expenditure by the Member States in fulfilment of the obligations arising from this Regulation should be borne by the Community in accordance with Article 2(2) and (3) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy [5].

[5] OJ L 160, 26.6.1999, p. 103.

(10) Article 4 of Council Regulation No 26 applying certain rules of competition to production of and trade in agricultural products [6] remains applicable to State aids other than those included in the programmes approved under this Regulation.

[6] OJ 30, 20.4.1962, p. 993/62. Regulation as last amended by Regulation No 49 (OJ 53, 1.7.1962, p. 1571/62).

(11) The measures necessary for the implementation of this Regulation 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 to the Commission [7]. To this end the Commission is assisted by the Committee referred to in Article 17 of Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs [8],

[7] OJ L 184, 17.7.1999, p. 23.

[8] OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

HAS ADOPTED THIS REGULATION:

Article 1

1. This Regulation lays down measures for improving general conditions for the production and marketing of apiculture products.

To this end, each Member State may draw up a national programme for a period of three years, hereinafter referred to as the "apiculture programme".

2. For the purpose of this Regulation:

(a) "honey" means the product which corresponds to the provisions of Annex I to Council Directive 2001/110/EC [9].

[9] OJ L 10, 12.1.2002, p. 10.

(b) "apiculture products" means the products defined in Annex I, point 1 of Regulation (EC) No 1774/2002 of the European Parliament and of the Council [10].

[10] OJ L 273, 10.10.2002, p. 1. Regulation as amended by Regulation (EC) No 813/2003 (OJ L 117, 13.5.2003, p. 22).

Article 2

The measures which may be included in the apiculture programme shall be the following:

(a) technical assistance to beekeepers and groupings of beekeepers,

(b) control of varroasis,

(c) rationalisation of transhumance;

(d) measures to support the restocking of hives in the Community,

(e) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products.

Measures financed under Regulation (EC) No 1257/1999 [11] shall be excluded from the apiculture programme.

[11] OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 1783/2003 (OJ L 270, 21.10.2003, p. 70).

Article 3

To be eligible for the part-financing provided for in Article 4(2), Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. This study shall be communicated with the apiculture programme.

Article 4

1. Expenditure made in accordance with this Regulation shall be considered to be intervention within the meaning of Article 2(2) and (3) of Regulation (EC) No 1258/1999.

2. The Community shall provide part-financing for the apiculture programmes equivalent to 50% of the expenditure borne by Member States.

3. Expenditure relating to the measures taken under the apiculture programmes must be made by the Member States by 15 October each year.

Article 5

The apiculture programme shall be drawn up in close collaboration with the representative organisations and beekeeping cooperatives. It shall be communicated to the Commission, which shall approve it in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2771/75.

Article 6

Detailed rules for the application of this Regulation, in particular those relating to monitoring and communication of information, shall be adopted in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2771/75.

Article 7

The Commission shall present to the European Parliament and the Council every three years a report on the implementation of this Regulation.

Article 8

Regulation (EC) No 1221/97 is hereby repealed.

Article 9

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

>TABLE POSITION>