CELEX: 51995PC0722(03)
Language: en
Date: 1996-04-17
Title: Proposal for a COUNCIL DIRECTIVE relating to honey

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51995PC0722(03)

Proposal for a COUNCIL DIRECTIVE relating to honey  /* COM/95/0722 FINAL - CNS 96/0114 */  

Official Journal C 231 , 09/08/1996 P. 0010

Proposal for a Council Directive relating to honey(96/C  231/03)COM(95) 722 final - 96/0114(CNS)(Submitted by the Commission on 30 May  1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  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 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; Whereas attention should be paid to the drafting of Community law so as to make it more accessible,  in accordance with the guidelines emerging from the Council Resolution of 8 June 1993 (1); Whereas Council Directive 74/409/EEC of 22 July 1974 on the harmonization of the laws of the Member  States relating to honey (2), 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; Whereas the aforesaid Directive and its subsequent admendments 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; Whereas 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; Whereas the general food-labelling rules set out in Council Directive 79/112/EEC (3), as last  amended by Commission Directive 93/102/EC (1), should apply subject to certain derogations; Whereas, as the Commission stressed in its communication to the European Parliament and the Council  of 24 June 1994 on European apiculture, the Commission is encouraging the development of harmonized  methods of analysis to permit verification of compliance with quality specifications for the  different honeys resulting from their botanical or geographical origin, in order to combat fraud;  whereas work is being done in this connection by the Ispra Joint Research Centre and the industrial  circles concerned; Whereas, pursuant to the principle of proportionality, this Directive limits itself to what is  necesssary in order to achieve the objectives, in accordance with the third paragraph of Article 3b  thereof; Whereas the Commission should be given the power to effect future adaptations to this Directive,  acting via the consultation procedure within the Standing Committee for Foodstuffs; Whereas, to avoid creating new barriers to free movement, Member States should refrain from  adopting more detailed rules or rules not covered by this Directive for the products in question, HAS ADOPTED THIS DIRECTIVE: Article 1This Directive shall apply to the products defined in Annex I. These  products must meet the requirements set out in Annex II. Article 2Directive 79/112/EEC shall apply to the products defined in Annex I, subject to the  following conditions: 1. The product names listed in Annex I shall apply only to the products referred to therein and  must be used in trade to designate them. These names may be replaced by the simple product name  'honey`, except in the case of baker's honey or industrial honey. However, in the case of industrial or baker's honey, those product names may be supplemented by  information referring to: - floral or vegetable origin, if the product comes essentially from the indicated source and  possesses its organoleptic, physico-chemical and microscopic characteristics, - regional, territorial or topographical origin, if the product comes entirely from the indicated  source, - specific quality criteria. 2. Member States may provide for the indication of the country of origin for honeys which do not  originate in the Community. Article 3The Commission shall encourage the development of validated methods of analysis in the  form of European norms to permit verification of compliance with quality specifications for the  different honeys resulting from their botanical or geographical origin. Article 4Member States shall refrain from adopting more detailed national provisions or  provisions not covered by this Directive for the products in question. Article 5Any adaptations necessary to bring this Directive into line with general Community  rules on foodstuffs and adapt it to technical progress shall be adopted in accordance with the  procedure laid down in Article 6. Article 6The Commission shall be assisted by the Standing Committee on Foodstuffs, hereinafter  referred to as 'the Committee`, composed of representatives of the Member States and chaired by a  representative of the Commission. The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman  may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall be entitled to  ask for its position to be recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account. Article 7Directive 74/409/EEC is hereby repealed with effect from 1 October 1997. References to the repealed Directive shall be construed as references to this Directive. Article 8Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive before 1 October 1997. They shall immediately  inform the Commission thereof. The provisions shall be applied so as to: - authorize 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 1 October 1997, - prohibit the marketing of products which fail to conform to this Directive, with effect from 1  April 1998. However, the marketing of products which fail to conform to this Directive and labelled before 1  October 1997 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. Article 9This Directive shall enter into force on the twentieth day following that of its  publication in the Official Journal of the European Communities. Article 10This Directive is addressed to the Member States. (1) OJ No C 166, 17. 6. 1993, p. 1. (2) OJ No L 221, 12. 8. 1974, p. 10. (3) OJ No L 33, 8. 2. 1979, p. 1. (1) OJ No L 291, 25. 11. 1993, p. 14.  ANNEX I PRODUCT DESCRIPTIONS AND DEFINITIONS Honey is the foodstuff produced by the  honey-bee from the nectar of blossoms or from secretions from or on the living parts of plants, and  which the bees collect, transform, combine with specific substances of their own and leave to  mature in honey combs. The main types of honey are as follows: (a) According to origin: 1. Blossom honeyHoney obtained predominantly from the nectar of blossoms. 2. Honeydew honeyHoney obtained predominantly from secretions from or on the living parts of  plants. (b) According to mode of presentation: 3. Comb honeyHoney stored by bees in the cells of freshly built broodless combs and sold in sealed  whole combs or sections of such combs. 4. Chunk honeyHoney which contains one or more pieces of comb honey. 5. Drained honeyHoney obtained by draining decapped broodless combs. 6. Extracted honeyHoney obtained by centrifuging decapped broodless combs. 7. Press honeyHoney obtained by pressing broodless combs with or without the application of  moderate heat. 8. Baker's honey or industrial honeyHoney which, although suitable for human consumption, has a  foreign taste or odour, has begun to ferment, is effervescent, or has been heated, and has a  diastase activity or a hydroxymethylfurfural content which does not comply with the specifications  laid down in Annex II.  ANNEX II COMPOSITION CRITERIA FOR HONEY Honey consists essentially of different sugars,  predominantly glucose and fructose. The colour of honey varies from nearly colourless to dark  brown. The consistency can be fluid, viscous or partly to entirely crystallized. When placed on the market as honey or used in any product intended for human consumption, honey  must, as far as possible, be free from organic or inorganic matters foreign to its composition.  With the exception of point 8 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. No substances may be added to honey and none of its own essential constituents may be removed. When placed on the market, honey must meet the following composition criteria: >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE  POSITION>>TABLE>