Article 1 
This Directive shall apply to the products defined in Annex I. These products shall meet the requirements set out in Annex II.
Article 2 
Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions: 1. the term ‘honey’ shall be applied only to the product defined in Annex I, point 1, and shall be used in trade to designate that product; 2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name ‘honey’, except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. However, (a) in the case of baker's honey, the words ‘intended for cooking only’ shall appear on the label in close proximity to the product name; (b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to: — floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source, — regional, territorial or topographical origin, if the product comes entirely from the indicated source, — specific quality criteria; 2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name ‘honey’, except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. However, (a) in the case of baker's honey, the words ‘intended for cooking only’ shall appear on the label in close proximity to the product name; (b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to: — floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source, — regional, territorial or topographical origin, if the product comes entirely from the indicated source, — specific quality criteria; (b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to: — floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source, — regional, territorial or topographical origin, if the product comes entirely from the indicated source, — specific quality criteria; 3. where baker's honey has been used as an ingredient in a compound foodstuff, the term ‘honey’ may be used in the product name of the compound food instead of the term ‘baker's honey’. However, in the list of ingredients, the term as referred to in Annex I, point 3, shall be used; 4. (a) the country or countries of origin where the honey has been harvested shall be indicated on the label. However, if the honey originates in more than one Member State or third country that indication may be replaced with one of the following, as appropriate: — ‘blend of EC honeys’, — ‘blend of non-EC honeys’, — ‘blend of EC and non-EC honeys’. (b) For the purpose of Directive 2000/13/EC and in particular Articles 13, 14, 16 and 17 thereof, the particulars to be indicated according to subparagraph (a) shall be considered as indications according to Article 3 of that Directive. (a) the country or countries of origin where the honey has been harvested shall be indicated on the label. However, if the honey originates in more than one Member State or third country that indication may be replaced with one of the following, as appropriate: — ‘blend of EC honeys’, — ‘blend of non-EC honeys’, — ‘blend of EC and non-EC honeys’. (a) the country or countries of origin where the honey has been harvested shall be indicated on the label. However, if the honey originates in more than one Member State or third country that indication may be replaced with one of the following, as appropriate: — ‘blend of EC honeys’, — ‘blend of non-EC honeys’, — ‘blend of EC and non-EC honeys’. (b) For the purpose of Directive 2000/13/EC and in particular Articles 13, 14, 16 and 17 thereof, the particulars to be indicated according to subparagraph (a) shall be considered as indications according to Article 3 of that Directive.
Amendment rationale: CONTEXT OF THE PROPOSAL The aim of the proposal to amend Directive 2001/110/EC relating to honey[1] is to: (a)     align the existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE); and (b)     in the context of the judgment of the Court of Justice in case C-442/09[2], and, without prejudice to the application of Regulation (EC) No 1829/2003 on genetically modified food and feed[3] to honey containing genetically modified (GM) pollen, clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. Grounds for and objectives of the proposal (a) The proposal aims to align the existing Commission implementing powers in Directive 2001/110/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation, the Commission is authorised to adopt these acts. The alignment of Directive 2001/110/EC on new rules of the Treaty reflects this distinction. In addition, still in the context of the review of the delegations of powers conferred on the Commission after the entry into force of the Lisbon Treaty, the provisions of the above mentioned Directive have also been scrutinized in order to identify possible supplementary needs in term of powers to be conferred to the Commission under the new classification of the Treaty. (b) Following a reference for a preliminary ruling under Article 234 EC of the Bayerischer Verwaltungsgerichtshof (case C-442/09), the Court of Justice issued a ruling, whereby it qualifies pollen in honey as an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs[4]. This conclusion by the Court was based on an assessment of facts brought before the Court according to which the presence of pollen in honey is mainly the result of the action of the beekeeper himself by virtue of centrifugation which he carries out for the purposes of collection. However, pollen only enters into the hive as a result of the activity of the bees. In fact, pollen is found in honey regardless of whether the beekeeper extracts the honey through centrifugation. It appears therefore necessary to clarify in Directive 2001/110/EC that pollen is a natural constituent and not an ingredient of honey. This clarification would however not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen[5], and in particular will not affect the conclusion of the Court of Justice that honey containing GM pollen can be placed on the market only if it is covered by an authorisation in accordance with that Regulation. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: Ÿ        Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). Ÿ        Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)). Council Directive 2001/110/EC does not explicitly state if pollen in honey is, or is not, an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC. In the absence of such a precision, the Court of Justice, in case C-442-09, issued a ruling whereby it considers based on the assessment of the facts brought before it that pollen is an 'ingredient' within the meaning of Article 6(4)(a) of Directive 2000/13/EC (point 79 of the judgment) of honey. The consequences of this ruling are, inter alia, that the labelling rules related to ingredients set out in Directive 2000/13/EC apply, and in particular the obligation to indicate on the label of the product the lists of ingredients (Article 3(1)(2)). Given that pollen is naturally present in honey and enters in the hive as the result of the bees activity independently of the action of the beekeeper, it is necessary to explicitly mention in Directive 2001/110/EC that pollen in honey is not an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC but a constituent. The fact that honey is a natural substance produced by honey bees to which no food ingredient can be added is reflected in the Codex Standard for Honey[6]. This amendment will not alter the conclusion of the Court of Justice in case C-442/09 that honey containing GM pollen falls under the scope of Regulation (EC) No 1829/2003. Indeed, after the amendment of Directive 2001/110/EC, honey containing GM pollen will continue to fall under Article 3(1)(c) of that Regulation, as "food produced from GMOs". Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) are applicable for the alignment exercise. Article 6(4)(a) of Directive 2000/13/EC defines the term 'ingredient' as "any substance, including additives and enzymes, used in the manufacture or preparation of foodstuff and still present in the finished product, even if in altered form". Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 2 ):
Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions: 1. the term ‘honey’ shall be applied only to the product defined in Annex I, point 1, and shall be used in trade to designate that product; 2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name ‘honey’, except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. However, (a) in the case of baker's honey, the words ‘intended for cooking only’ shall appear on the label in close proximity to the product name; (b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to: — floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source, — regional, territorial or topographical origin, if the product comes entirely from the indicated source, — specific quality criteria; 3. where baker's honey has been used as an ingredient in a compound foodstuff, the term ‘honey’ may be used in the product name of the compound food instead of the term ‘baker's honey’. However, in the list of ingredients, the term as referred to in Annex I, point 3, shall be used; 5. pollen, being a natural constituent particular to honey, shall not be considered to be an ingredient, within the meaning of point (f) of Article 2(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( 7 ), of the products defined in Annex I to this Directive.
Article 3 
In the case of filtered honey and baker's honey, bulk containers, packs and trade documents shall clearly indicate the full product name, as referred to in Annex I, point 2(b)(viii), and point 3.
Article 4 
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 7(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.
Amendment rationale: CONTEXT OF THE PROPOSAL The aim of the proposal to amend Directive 2001/110/EC relating to honey[1] is to: (a)     align the existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE); and (b)     in the context of the judgment of the Court of Justice in case C-442/09[2], and, without prejudice to the application of Regulation (EC) No 1829/2003 on genetically modified food and feed[3] to honey containing genetically modified (GM) pollen, clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. Grounds for and objectives of the proposal (a) The proposal aims to align the existing Commission implementing powers in Directive 2001/110/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation, the Commission is authorised to adopt these acts. The alignment of Directive 2001/110/EC on new rules of the Treaty reflects this distinction. In addition, still in the context of the review of the delegations of powers conferred on the Commission after the entry into force of the Lisbon Treaty, the provisions of the above mentioned Directive have also been scrutinized in order to identify possible supplementary needs in term of powers to be conferred to the Commission under the new classification of the Treaty. (b) Following a reference for a preliminary ruling under Article 234 EC of the Bayerischer Verwaltungsgerichtshof (case C-442/09), the Court of Justice issued a ruling, whereby it qualifies pollen in honey as an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs[4]. This conclusion by the Court was based on an assessment of facts brought before the Court according to which the presence of pollen in honey is mainly the result of the action of the beekeeper himself by virtue of centrifugation which he carries out for the purposes of collection. However, pollen only enters into the hive as a result of the activity of the bees. In fact, pollen is found in honey regardless of whether the beekeeper extracts the honey through centrifugation. It appears therefore necessary to clarify in Directive 2001/110/EC that pollen is a natural constituent and not an ingredient of honey. This clarification would however not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen[5], and in particular will not affect the conclusion of the Court of Justice that honey containing GM pollen can be placed on the market only if it is covered by an authorisation in accordance with that Regulation. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: Ÿ        Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). Ÿ        Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)). Council Directive 2001/110/EC does not explicitly state if pollen in honey is, or is not, an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC. In the absence of such a precision, the Court of Justice, in case C-442-09, issued a ruling whereby it considers based on the assessment of the facts brought before it that pollen is an 'ingredient' within the meaning of Article 6(4)(a) of Directive 2000/13/EC (point 79 of the judgment) of honey. The consequences of this ruling are, inter alia, that the labelling rules related to ingredients set out in Directive 2000/13/EC apply, and in particular the obligation to indicate on the label of the product the lists of ingredients (Article 3(1)(2)). Given that pollen is naturally present in honey and enters in the hive as the result of the bees activity independently of the action of the beekeeper, it is necessary to explicitly mention in Directive 2001/110/EC that pollen in honey is not an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC but a constituent. The fact that honey is a natural substance produced by honey bees to which no food ingredient can be added is reflected in the Codex Standard for Honey[6]. This amendment will not alter the conclusion of the Court of Justice in case C-442/09 that honey containing GM pollen falls under the scope of Regulation (EC) No 1829/2003. Indeed, after the amendment of Directive 2001/110/EC, honey containing GM pollen will continue to fall under Article 3(1)(c) of that Regulation, as "food produced from GMOs". Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) are applicable for the alignment exercise. Article 6(4)(a) of Directive 2000/13/EC defines the term 'ingredient' as "any substance, including additives and enzymes, used in the manufacture or preparation of foodstuff and still present in the finished product, even if in altered form". Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 4 ):
1. For the purposes of the second paragraph of Article 9 of this Directive, the Commission may, taking into account international standards and technical progress, by means of implementing acts that are in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council ( 8 ), set out methods of analysis to verify whether honey is compliant with the provisions of this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2) of this Directive. Until the adoption of such methods, Member States shall, whenever possible, use internationally recognised validated methods of analysis such as those approved by the Codex Alimentarius to verify compliance with the provisions of this Directive. The Commission shall provide, in those delegated acts, for appropriate transitional arrangements for products placed on the market before the date of application of those delegated acts.
Article 5 
For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.
Article 6 
The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the procedure set out in Article 7(2): — bringing this Directive into line with general Community legislation on foodstuffs, — adaptations to technical progress.
Amendment rationale: CONTEXT OF THE PROPOSAL The aim of the proposal to amend Directive 2001/110/EC relating to honey[1] is to: (a)     align the existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE); and (b)     in the context of the judgment of the Court of Justice in case C-442/09[2], and, without prejudice to the application of Regulation (EC) No 1829/2003 on genetically modified food and feed[3] to honey containing genetically modified (GM) pollen, clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. Grounds for and objectives of the proposal (a) The proposal aims to align the existing Commission implementing powers in Directive 2001/110/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation, the Commission is authorised to adopt these acts. The alignment of Directive 2001/110/EC on new rules of the Treaty reflects this distinction. In addition, still in the context of the review of the delegations of powers conferred on the Commission after the entry into force of the Lisbon Treaty, the provisions of the above mentioned Directive have also been scrutinized in order to identify possible supplementary needs in term of powers to be conferred to the Commission under the new classification of the Treaty. (b) Following a reference for a preliminary ruling under Article 234 EC of the Bayerischer Verwaltungsgerichtshof (case C-442/09), the Court of Justice issued a ruling, whereby it qualifies pollen in honey as an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs[4]. This conclusion by the Court was based on an assessment of facts brought before the Court according to which the presence of pollen in honey is mainly the result of the action of the beekeeper himself by virtue of centrifugation which he carries out for the purposes of collection. However, pollen only enters into the hive as a result of the activity of the bees. In fact, pollen is found in honey regardless of whether the beekeeper extracts the honey through centrifugation. It appears therefore necessary to clarify in Directive 2001/110/EC that pollen is a natural constituent and not an ingredient of honey. This clarification would however not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen[5], and in particular will not affect the conclusion of the Court of Justice that honey containing GM pollen can be placed on the market only if it is covered by an authorisation in accordance with that Regulation. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: Ÿ        Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). Ÿ        Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)). Council Directive 2001/110/EC does not explicitly state if pollen in honey is, or is not, an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC. In the absence of such a precision, the Court of Justice, in case C-442-09, issued a ruling whereby it considers based on the assessment of the facts brought before it that pollen is an 'ingredient' within the meaning of Article 6(4)(a) of Directive 2000/13/EC (point 79 of the judgment) of honey. The consequences of this ruling are, inter alia, that the labelling rules related to ingredients set out in Directive 2000/13/EC apply, and in particular the obligation to indicate on the label of the product the lists of ingredients (Article 3(1)(2)). Given that pollen is naturally present in honey and enters in the hive as the result of the bees activity independently of the action of the beekeeper, it is necessary to explicitly mention in Directive 2001/110/EC that pollen in honey is not an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC but a constituent. The fact that honey is a natural substance produced by honey bees to which no food ingredient can be added is reflected in the Codex Standard for Honey[6]. This amendment will not alter the conclusion of the Court of Justice in case C-442/09 that honey containing GM pollen falls under the scope of Regulation (EC) No 1829/2003. Indeed, after the amendment of Directive 2001/110/EC, honey containing GM pollen will continue to fall under Article 3(1)(c) of that Regulation, as "food produced from GMOs". Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) are applicable for the alignment exercise. Article 6(4)(a) of Directive 2000/13/EC defines the term 'ingredient' as "any substance, including additives and enzymes, used in the manufacture or preparation of foodstuff and still present in the finished product, even if in altered form". Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 6 ):
1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(2) shall be conferred on the Commission for a period of five years from 23 June 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 4(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 4(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months from the date of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 7 
1. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as ‘the Committee’) set up by Article 1 of Decision 69/414/EEC ( 7 ). 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.
Amendment rationale: CONTEXT OF THE PROPOSAL The aim of the proposal to amend Directive 2001/110/EC relating to honey[1] is to: (a)     align the existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE); and (b)     in the context of the judgment of the Court of Justice in case C-442/09[2], and, without prejudice to the application of Regulation (EC) No 1829/2003 on genetically modified food and feed[3] to honey containing genetically modified (GM) pollen, clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. Grounds for and objectives of the proposal (a) The proposal aims to align the existing Commission implementing powers in Directive 2001/110/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation, the Commission is authorised to adopt these acts. The alignment of Directive 2001/110/EC on new rules of the Treaty reflects this distinction. In addition, still in the context of the review of the delegations of powers conferred on the Commission after the entry into force of the Lisbon Treaty, the provisions of the above mentioned Directive have also been scrutinized in order to identify possible supplementary needs in term of powers to be conferred to the Commission under the new classification of the Treaty. (b) Following a reference for a preliminary ruling under Article 234 EC of the Bayerischer Verwaltungsgerichtshof (case C-442/09), the Court of Justice issued a ruling, whereby it qualifies pollen in honey as an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs[4]. This conclusion by the Court was based on an assessment of facts brought before the Court according to which the presence of pollen in honey is mainly the result of the action of the beekeeper himself by virtue of centrifugation which he carries out for the purposes of collection. However, pollen only enters into the hive as a result of the activity of the bees. In fact, pollen is found in honey regardless of whether the beekeeper extracts the honey through centrifugation. It appears therefore necessary to clarify in Directive 2001/110/EC that pollen is a natural constituent and not an ingredient of honey. This clarification would however not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen[5], and in particular will not affect the conclusion of the Court of Justice that honey containing GM pollen can be placed on the market only if it is covered by an authorisation in accordance with that Regulation. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: Ÿ        Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). Ÿ        Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)). Council Directive 2001/110/EC does not explicitly state if pollen in honey is, or is not, an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC. In the absence of such a precision, the Court of Justice, in case C-442-09, issued a ruling whereby it considers based on the assessment of the facts brought before it that pollen is an 'ingredient' within the meaning of Article 6(4)(a) of Directive 2000/13/EC (point 79 of the judgment) of honey. The consequences of this ruling are, inter alia, that the labelling rules related to ingredients set out in Directive 2000/13/EC apply, and in particular the obligation to indicate on the label of the product the lists of ingredients (Article 3(1)(2)). Given that pollen is naturally present in honey and enters in the hive as the result of the bees activity independently of the action of the beekeeper, it is necessary to explicitly mention in Directive 2001/110/EC that pollen in honey is not an ingredient within the meaning of Article 6(4)(a) of Directive 2000/13/EC but a constituent. The fact that honey is a natural substance produced by honey bees to which no food ingredient can be added is reflected in the Codex Standard for Honey[6]. This amendment will not alter the conclusion of the Court of Justice in case C-442/09 that honey containing GM pollen falls under the scope of Regulation (EC) No 1829/2003. Indeed, after the amendment of Directive 2001/110/EC, honey containing GM pollen will continue to fall under Article 3(1)(c) of that Regulation, as "food produced from GMOs". Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) are applicable for the alignment exercise. Article 6(4)(a) of Directive 2000/13/EC defines the term 'ingredient' as "any substance, including additives and enzymes, used in the manufacture or preparation of foodstuff and still present in the finished product, even if in altered form". Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 7 ):
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health (the “Committee”) established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 9 ). The Committee is a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 10 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 8 
Directive 74/409/EEC is hereby repealed with effect from 1 August 2003. References to the repealed Directive shall be construed as references to this Directive.
Article 9 
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 August 2003. They shall forthwith inform the Commission thereof. The measures 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 1 August 2003; — prohibit the marketing of products which fail to conform to this Directive, with effect from 1 August 2004. However, the marketing of products which fail to conform to this Directive and labelled before 1 August 2004 in accordance with Directive 74/409/EEC shall be permitted until stocks run out. When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 10 
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities .
Article 11 
This Directive is addressed to the Member States.