Council Regulation (EC) No 797/2004 of 26 April 2004 on measures improving general conditions for the production and marketing of apiculture products
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: apiculture, marketing, production improvement

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 797/2004

of 26 April 2004

on measures improving general conditions for the production and marketing of apiculture
products

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty establishing the European Com-
munity, 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, (1)

Having regard to the Opinion of the European Economic and
Social Committee, (2)

(7)

Whereas:

(1)

(2)

(3)

(4)

(5)

Following the Communication from the Commission to
the Council and the European Parliament on European
apiculture in 1994, the Council concluded that proposals
on
were
beekeeping.

framework Regulation

required

for

a

Thus by Regulation (EC) No 1221/97 (3), the Council
laid down general rules on measures to improve the
production and marketing of honey.

Since then, the Commission has sent the Council and
the European Parliament reports on the implementation
of Regulation (EC) No 1221/97 in February 2001 and
January 2004. The conclusions drawn from these
reports show that the measures provided for by Regu-
lation (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That Regulation should therefore be repealed and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.

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.

The sector is characterised by diversity of production
conditions and yields, and by the dispersion and variety
of economic operators, both at
the production and
marketing stage.

(8)

(9)

(10)

(1) Opinion delivered on 22 April 2004 (not yet published in the Offi-

cial Journal).

(2) Opinion delivered on 1 April 2004 (not yet published in the Official

Journal).

(3) Council Regulation (EC) No 1221/97 of 25 June 1997 laying down
general rules for the application of measures to improve the produc-
tion and marketing of honey (OJ L 173, 1.7.1997, p. 1). Regulation
as last amended by Regulation (EC) No 2070/98 (OJ L 265,
30.9.1998, p. 1).

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 Com-
munity is necessary as varroasis cannot be completely
eradicated and is to be treated with approved products.

three

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

technical

years

to supplement

In order
statistical data on
beekeeping, Member States should carry out studies on
the
covering production,
sector,
marketing and price formation.

structure of

the

the

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 (4).

The competition rules governing State aid in the field of
beekeeping should apply. Nevertheless, an exemption
from the rules on State aids should be made with regard
to financial contributions provided by Member States for
measures subject to Community support in accordance
with this Regulation as well as with regard to specific
national aids for the protection of apiaries disadvantaged
by structural or natural conditions or under economic
development programmes, except for those granted for
production or trade; special rules should be established
for such State aid.

(4) OJ L 160, 26.6.1999, p. 103.

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(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 (1),

(d) measures to support laboratories carrying out analyses of

the physico-chemical properties of honey;

(e) measures to support the restocking of hives in the Com-

munity;

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down measures

improving
1.
general conditions for the production and marketing of apicul-
ture products.

for

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 provi-
sions of Annex I to Council Directive 2001/110/EC of 20
December relating to honey (2);

(b) ‘apiculture products’ means the products defined in Annex
I, point 1 of Regulation (EC) No 1774/2002 of the Euro-
pean Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products
not intended for human consumption (3).

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

Measures financed under Council Regulation (EC) No 1257/
1999 of 17 May 1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (4) shall be excluded from the apiculture programme.

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 terri-
tory. 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.

3.
Articles 87, 88 and 89 of the Treaty shall apply to aid
granted in the honey and honey products sector. Nevertheless,
Articles 87 to 89 of the Treaty shall not apply:

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

(a) to the financial contribution provided by Member States for
in accordance

to Community support

measures subject
with this Regulation;

(b) to specific national aids for the protection of apiaries disad-
vantaged by structural or natural conditions or under
economic development programmes, except for those allo-
cated for production or trade.

Aids referred to in (b) must be notified to the Commission by
Member States at the same time as their apiculture programme
provided for in Article 5.

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;

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 colla-
boration 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 of 29
October 1975 on the common organisation of the market in
eggs (5).

Article 6

1.
The Commission shall be assisted by the Management
Committee for Poultrymeat and Eggs (hereinafter referred to as
‘the Committee’), set up by Article 16 of Regulation (EEC) No
2771/75.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 10, 12.1.2002, p. 47.
(3) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Regu-

lation (EC) No 813/2003 (OJ L 117, 13.5.2003, p. 22).

(4) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regu-

lation (EC) No 583/2004 (OJ L 91, 30.3.2004, p. 1).

(5) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

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2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 8

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

Article 7

Article 9

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

This Regulation shall enter into force on the day of its publica-
tion 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 Luxembourg, 26 April 2004.

For the Council

The President

J. WALSH