CELEX: 51974PC0179
Language: en
Date: 1974-02-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to honey (Amended proposal submitted by the Commission to the Council under the second paragraph of Article 149 of the ESC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 179
Vol. 1974/0027
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 ---pagebreak---    COMMISSION OF THE EURQPEAN COMMUNITIES
                                           \
                                                         COM ( 74) 179 final
                                                         Brussels . 27 February 1974
                                 PROPOSAL FOR A
                               COUNCIL DIRECTIVE
                        on the approximation of the laws
                     of the Member States relating to honey
         (Amended, proposal submitted by the Commission to the Council
          "under the second paragraph of Article 149 of the ESC Treaty)
C0MC74) 179 final
 ---pagebreak---                                       Explanatory memorandum
  On 9 March 1970 "the Commission presented, to the Council a proposal for a Regulation
 "based on Article 43 'of the Treaty 'bn the approximation of the laws of the Member
  States relating to honey ".
 The Opinion of the European Parliament was received on 9 July 1970^ an<3- that of
                                                             2
 the Economic and Social Committee on 25 November 1970 .
Following these opinions and discussions among the Six, further study of the matter
led the Commission to "believe that it would "be advisable to present an amended
proposal to speed up the work involved.
The amended proposal essentially involves the following points :
1 . The discussions in the Council resulted in a virtually unanimous vote in favour
      of giving this text the form of a Directive allowing the Member States to adapt
      Community legislation more satisfactorily to national circumstances .
                                                                                        r
     Although the Commission recognizes the validity of this opinion it . wishes to
     use Article 43 of the EEC Treaty as a legal basis .
2 . The amended proposal was adapted to the form of the Directives recently adopted
     "by the Council i.e. :
        ( i ) the Council Directive of 24 July 1973 on the approximation of the laws of ■
              the Member States relating to cocoa and chocolate products intended for
              human consumption (73/241 /EEC )^.
      ( ii ) the Council Directive of 10 December 1973 on the approximation of the laws
              of the Member States relating to certain sugars intended for human
              consumption .
    These modifications "basically covered labelling and other general points .
                                                                                 ./.
10J Ho C 101 , 4 August 1971 , p.40.
2
  ITot published in OJ
30J Ho L 223 , p. 23.
 ---pagebreak--- Moreover , when "tne matter was being examined it appeared, that certain criteria
governing the composition of honey , in particular the diastase activity and the
hydro:xymeth;£furfural content , did not reflect the true situation in the Community
honey from warm regions cannot in fact meet the conditions laid down in the
proposal of 9 March 1970 as their diastase activity may "be lower and their
hydro symethyl furfural content higher-
Pursuant to the Council Resolution of 18 December 1973 on industrial policy
- Annex I - "Abolition of technical barriers to trade in foodstuffs", this
pmendod proposal must be adopted by the Council before 1 July I974 .
 It is desireable in point out that the proposal is based on the Codex
 ( FAO/WHO) recommended standard for honey and that after the adoption of
 the directive this standard will be accepted .       The few differences between.
 zhe "uwo texts are in practice minor deviations not affecting exchanges .
 ---pagebreak---                                                                                 I
                                                                               '!
            Proposal for a Council Directive on the arra r G :d.ma.t I on of the laws
                                                                                  1
            of the lîeiaber Citâtes relating to honey
 THE COUIICIL OP THE EUROPEAN COI&fJMTIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 43'' thereof ;
Having regard to the proposal from the Commission ;             *
Having regard to the Opinion of the European Parliament :
Whereas the laws , regulations and administrative provisions of the Member States
define the term "honey ", specify the different varieties and lay down the
requirements to be met by the product and the inscriptions which must appear on
the packages or labels ;
Whereas the existing differences between these laws hinders the free movement of
this product and may impose unfair conditions of competitions on producers ;
Whereas , therefore , it is necessary at Community level to define the terra "honey ",
to provide for the different varieties which mp„y be marketed under appropriate
names , to fix the general and specific criteria for its composition , and to
establish the main labelling inscriptions ;
Whereas the determination of the methods of sampling and analysis needed for
checking the composition of the honey is an implementing measure of a technical
nature ; whereas in order to simplify and speed up procedure the task of adopting
it should be entrusted to the Commission ;
Whereas it is desirable that , for all cases whsre the Council empowers the Commission
to implement rules relating to foodstuffs , provision should.be made for a procedure
establishing close cooperation between the Member States and the Commission vfithir
the Standing Committee on Foodstuffs set up by the Council Decision of 13 November
12S91 ; '
                                            ■                                         -/•
^OJ Ko L 291 , 19 Kbvember I969 » p. 9»
 ---pagebreak---   Uhcrea~> Article 2 of this Regulation prohibits the use of the term "honey " for
  products which 6.0 not comply with the definition laid idown in Article l(l );
  whereat 1 however , the immediate impl emsnt at i on ef this b&n ettultl «&,Ufia fiiutur-
 bances on the market s where the use of the expression "kunsthonig" is permitted
 "by previous national legislation to describe a product other than honey ;            whereas
 provision should consequently he made for an appropriate transitional period to
 allow the necessary changes to he made ;
Whereas a number of national provisions of a horizontal nature should he maintained
as a transitional measure until general Community rules regarding the labelling of
foodstuffs are adopted ;
'Whereas at present on the market of certain Member States there are honeys with
various analytical characteristics ;      whereas it would appear difficult to apply
to them all the criteria laid down in the Annex to this Directive ;            whereas ,
however , a more detailed study would make it possible to make a more definite
decision later :
HAS ADOPTED TIÏI5 DIRECTIVE :
                                      Article 1
1 . For the purposes of this Directive the expression "honey" means the fluid ,
     viscous or crystallized foodstuff which is produced "by the honey-bees from
     the nectar of blossomsof secretions of or on living parts of plants , and which
     the "bees collect , transform , combine with specific substances of their own
     and store in honeycombs .
2 . The main types of honey are as follows :
     (a) accordin/? to orif^Ln
         - blossomiioney :  the honey which is obtained from the nectar of blossoms';
         - honeydew honey :    the honey is obtained mainly from secretions of or on
                              living parts of plants ; its colour varies from light
                               or greenish brown to almost black ;
 ---pagebreak---      ("b ) accorfllrv? to r.Ddo cf procsssin*
           cornb honey :  the honey stored "by bees in the cells of freshly built
                          broodless combs and sold in sealed whole combs or sections of
                          such combs ;
           extracted honey :    honey obtained by centrifuging decapped broodless corubs ;
           pressed honey : honey obtained by pressing broodless combs with - or without
                             the application of moderate heat .
                                         Article 2
The Kember States shall make all necessary provisions to ensure that the honey can
 only be sold if it complies with the definitions and rales laid down in this
Directive and the Annex hereto .
                                         Article 3
1 . The term "honey " shall be reserved for the product defined in Article l(l ) and -
    shall be used in trade to describe that product .
2 . The terms referred to in Article l(2 ) shall be reserved for the products
    defined therein . '
                                         Article 4
By way of derogation from Article 3(l ) the term "Xunsthonig" may still be used ior
a period of 5 years starting from the date of notification of this Directive to
describe a prod.uct other than honey in accordance with previous national provision
governing this product .
                                         Article 5
Tne use of additives in honey shall be forbidden .
 ---pagebreak---                                          Article 6                         .
                                                                               i
                                                                             . '
  1 . When it is sold the honey shall comply with the compositional criteria listed
       in the Annex . ■ –      ~ ...
  2 » In addition : ■
       (a) the amount of foreign substances such as fungi , insects and parts of insects , ' •
             "brood combs and grains of sand shall not be greater than 1$ ;
       (b ) no foreign tastes or odours shall "be permitted ;
       (c ) it shall not have begun to ferment or effervesce ;
       (d) it shall not have been heated to such an extent that its natural enzymes
             are destroyed or made inactive ;
       ( e ) its acidity shall not be artificially changed .
  3 . By way of derogation from paragraphs 1 and 2 , honey shall be marketed as
       "baker 's honey" or "industrial honey" if , although suitable for human conception ,
       (a) it has the defects referred to in paragraph. 2(b ) ( c ) or (d) or
       (b ) its diastase activity and hydroxymethylfurfixral content do not comply with
             the specifications In,id down in the Annex.
      However , in the case referred to under (b ) a Member State shall , as a transitional
      measure , refrain from making this term obligatory and allow the term "honey" to
      be used ;-: the Council , on a proposal from the Commission , shall decide within
      five years starting from the date of notification of this Directive whether to
      retain or amend this derogation .
                                         Article 7
1*    Honey packed in containers of more thaJi 50 grammes shall be sold only in the
      following net weights : 125         250 gm and multiples of \. 250 grammes .
2.    On a transitional basis for a period of not aore taan 'five years from Tjne
      notification 01 tnis Directive « weights other than those listed in paragraph 1
      shall also be allowed ii these weights comply with tne national provisions
   - in force or with practices existing at the time of notification of this
      Directive .                    i Article 8
 1 . Only the following inscriptions shall be obligatory on the packagesv contai­
      ners or labels of products which meet the criteria in the Annex . These ins­
      criptions shall be clearly visible, legible and indelible •                   /       _
 ---pagebreak---         (a) "the -term "honey" or one cf the •terms referred 'to in Article 6(3 );
        0>) the not weight expressed in grammes or kilogrammes ;
        ( c) he name or the business name and the address or the registered Hond.
             Office of the producer or the packer , or of a retailer v.Tithin the
             Community .
 2 . By way of derogation from paragraph 1 , and without prejudice to the provisions '
       adopted "by the Community . with regard to the labelling of foodstuffs , the
      Kernber States may retain any national provisions which require mention of the
       country of origin .     This indication , however , shall not he required for honey
      produced within the Community .
3 . The term "honey" referred to in paragraph 1 (a) shall not "be supplemented by :
       (a ) a reference to the origin , ' whether blossom' OP plant , unless the product
            comes mainly from the source indicated and has the appropriate organoleptic
            and microscopic characteristics ;
      (b ) a geographical or topographical name , unless the product comes entirely
            from the region indicated ;
      ( c ) a reference to the absence of any heating        . asss , unless the product has
            been obtained entirely without heating.
J. . If the honey is packed in containers of more than 10 kilogrammes net and is
      not retailed , it shall be permissible for the indications referred to in
     paragraph 1(b ) and ( c ) to appear only on the accompanying documents .
j . The Member States shall not go beyond what is laid dovm in paragraph' 1 in
  , specifying the procedure for giving the details laid down in the said
     paragraph :
     However , the Member States may prohibit trade in honey on their territory
  .. if . the inscriptions laid dovm in paragraph l(a ) do not appear in the national
     language(s ) on one side of the package or container ,
b . During tne transitional period provided for in Article 7 paragraph 2.
     weights other than metric , accompanied, by tneir oietric equivalent must
     be indicated in Ireland and tne United Kingdom ii" tiaose Msrabar States
     so reauire .                                                                 */*
 ---pagebreak---                                         Article 0
  The methods of sampling and analysis for checking the composition and.- characteristics
  of honey shall "be established in accordance with the procedure laid down in
 Article 10 .
                                        Article 10
 1 . If the procedure defined in this Article is used , the Standing Committee on
      Foodstuffs set up "by the Council Decision of 13 1-Tovember 19^9 » hereafter called
      the "Committee ", shall "be convened "by its President acting on his own initiative r
      or at the request of a representative of a Member State .
 2 . The Commission * s representative shall submit to the Committee a draft of the
      measures to "be taJcen .   The Committee shall give its opinion thereon          1
      within the time laid down "by the President on the "basis of the urgencjr of the
      matter in question .     It shall give its opinion "by a majority of 41 votes , the
     Member States votes "being weighted as laid down in Article 148(2 ) of the Treaty .
                                                                                          t
     Tne President shall not take part in the voting.
3 . ( a ) The Commission shall adopt the measures envisaged if they are in accordance
           v/ith the Committee 's opinion .
     ("b ) If the measures envisaged are not in accordance with the Committee 's opinion
           or if no opinion is given , the Commission shall submit to the Council , iri.thout
           delay , a proposal on the measures to he taken.     The Council shall act by a
           qualified majority .                                                   *
     ( c ) If at the end of three months starting from the date on which it was
           approached the Council has not acted , the proposed j measures shall "be adopted
           by the Commission .
                                       Article 11
This Directive shall not at>ply to products intended for export from the Community
 ---pagebreak---                                                                           ' I
                                                                             1
                                                                             !
                                          7
                                  Art. 1,el ta 12
1 . Within one year from 'the date of notification of "this 'Directive "the Lemper
    States shall , if necessary , amend tlieir legislation to confom with the
    provisions of this Directive and shall immediately inform the Commission. Tne
    amended legislation shall apply to products cold in the Kenfber States two years
    after this notification .
2 . As soon as notification of this Directive has "been given , the Member Soa^es
    shall in addition inform the Commission, in sufficient time for it to submit i^s
    comments , of all essential subsequent draft laws , regulations or administrative
    provisions which they intend to adopt in the sector covered "by this Directive .
                                  Article 13
    This Directive is addressed to the Ilember States .
    Done at Brussels ,                                  For the Council
                                                         The Président
 ---pagebreak---                                                                                   - i
                                                                             ANÏÏRX!
                                   Compositional criteria for honey
 !• Apparent reducing " sugar content , calculated as invert sugar
      - Blossomhoney                                           not less
                                                                     le   than. o5/b
      - Honeydew honey and blends of honeydew honey
         and blossoiahoney                                     not less than 60$
 2 . Moisture content
     - In général                                              not riiorè than 21$
     - Heather honey (Calluna ) and clover honey
         (trifolium sp . )                                     hot more than 23$
 3 . Arrn^rent sncrose content
     - In général                                              not more than 5$
     - Honeydew honey , and blends of honeydew honey
        and blossomhoney , acacia , lavender and bariksia
        menziesii honeys                                       not more than 10$
                                                                              s
4 . Water insoluble solids contents
     - In genera-1                                             not more than 0.1^
     - Pressed honey                                           not more than 0.5$
5 . IIinera.1 content (ash )
     - In général                                              not more than 0.6$
     - Honeydew honey and blends of honeydew honey
        and blossomhoney                                       not more than lci
6 . Acidity                 not more than 40 milli-equivalents acid per 1 000 grammes .:
7 » Diastase activity ar.d hydro syraethyl furfural content (iL'IF1 ) - determined after
     processing and blending
     (a) Diastase activity ( Schade scale )
          . - In général                                       not less than 8
            - Honeys with low natural enzyme content '
              ( e.g. citrus ) and a hydroxymethyl furfural
              content not more than 15 mg/kg                   not less than 3
     (b ) HEF                                                  not' more than 40 rng/kg
                                      C7                       ( subject to the provisions of
                                                               paragraph (a) second indent ).