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EUROPEAN UNION
GENERAL SECRETARIAT OF THE COUNCIL

Brussels, 18 May 2000

Working document DENLEG/2000/10

Subject: Proposal for a Council Directive relating to honey

Delegations will find herewith the new Presidency compromise text concerning
the abovementioned proposal; positions of delegations are not mentioned.

This text consists of:

the text in document 7861/00 DENLEG 25 ADD 1;
the changes to that text as in working document DENLEG/2000/9;
the two elements suggested by the F delegation (new recital 6b and an
addition to Article 2a; these changes are underlined).
As part of the compromise, the term "baker's honey" of the English version
will be translated in the other language versions as follows:

In the Danish version: bagerihonning
In the German version: Backhonig
In the Greek version: ???? ???????????????
In the Spanish version: miel para uso industrial
In the French version: miel destiné à l'industrie
In the Italian version: miele per uso industriale
In the Dutch version: bakkershoning
In the Portuguese version: mel para uso industrial
In the Finnish version: taloushunaja
In the Swedish version: bagerihonung

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ANNEX

Proposal for a Council Directive relating to honey

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the treaty establishing the European Community, and in
particular Article 37 (Ex Article 43). thereof,
Having regard to the proposal from the Commission (OJ C 231, 9.8.1996, p.
10),
Having regard to the opinion of the European Parliament (OJ C 279,
1.10.1999, p. 91),
Having regard to the opinion of the Economic and Social Committee (OJ C 56,
24.2.1997, p. 20),
Whereas:

    1) 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;

    2) Council Directive 74/409/EEC of 22 July 1974 on the harmonisation of
the laws of the Member States relating to honey (OJ L 221, 12.8.1974, p.
10), 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;

    3) the aforesaid Directive and its subsequent amendments 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;

    4) for the sake of clarity Directive 74/409/EEC should be recast, in
order to make rules on the conditions for the production and marketing of
honey more accessible;

    5) 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;

    6) the general food-labelling rules set out in Council Directive
79/112/EEC of 18 December 1978 on the approximation of the laws of the
Member States relating to the labelling, presentation and advertising of
foodstuffs (OJ L 33, 8.2.1979, p. 1. Directive as last amended by European
Parliament and Council Directive 97/4/EC - OJ L 43, 14.2.1997, p. 21),
should apply subject to certain conditions; compte tenu du lien étroit entre
la qualité du miel et son origine, il est indispensable d'assurer une pleine
information sur ces points afin d'éviter d'induire en erreur le consommateur
sur la qualité du produit;  the particular consumer interests as regards the
geographical characteristics of honey and full transparency in this regard
necessitate that the country of origin where the honey has been harvested
should be included in the labelling;

    6a. aucun pollen ou autre constituant particulier du miel ne doit être
retiré, sauf si cela est inévitable lors de l'élimination de matières
organiques et inorganiques étrangères; cette dernière peut être réalisée par
filtration; lorsque cette filtration conduit à l'élimination d'une quantité
significative de pollen, il est nécessaire d'en informer correctement le
consommateur par une mention d'étiquetage appropriée;

    6b. le miel dont la dénomination est complétée par des indications ayant
trait à une origine florale ou végétale, régionale, territoriale ou
topographique, ou par des critères de qualité spécifiques, ne peut avoir été
additionné de miel filtré, et qu'afin d'améliorer la transparence du marché,
l'étiquetage des miels filtrés ou destinés à l'industrie doit être
obligatoire pour toute transaction dans le marché en vrac;

    7) as the Commission stressed in its communication to the European
Parliament and the Council of 24 June 1994 on European apiculture, the
Commission may adopt methods of analysis to ensure compliance with the
compositional characteristics and additional specific statements for all
honey marketed in the European Community;

    7a. it is desirable to take account of the work achieved on a new Codex
standard for honey, adjusted, as appropriate, to the specific requirements
of the Community;

    8) in accordance with the principles of subsidiarity and proportionality
established by Article 5 of the Treaty, the objective of laying down common
definitions and rules for the products concerned and bringing the provisions
into line with general Community legislation on foodstuffs cannot be
sufficiently achieved by the Member States and can therefore, by reason of
the nature of this Directive, be better achieved by the Community; whereas
this Directive does not go beyond what is necessary to achieve the said
objective;

    9) the measures necessary for the implementation of this Directive
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 on the Commission (OJ L 184, 17.7.1999, p. 23);

    10) to avoid creating new barriers to free movement, Member States
should refrain from adopting national provisions not provided for by this
Directive for the products in question,

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HAS ADOPTED THIS DIRECTIVE

Article 1

This Directive shall apply to the products defined in Annex I. These
products must meet the requirements set out in Annex II.

Article 2

Directive 79/112/EEC shall apply to the products defined in Annex I, subject
to the following conditions:

1. The term of "honey" shall be applied only to the product defined in Annex
I (1) and must be used in trade to designate that product.

2. The product names referred to in Annex I (2 and 3) shall apply only to
the products defined 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 filtered honey, comb honey, chunk honey or cut comb in honey and
baker's honey.

However,

    - 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;
    - 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.

2a. 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 full term as referred to in Annex I, Part 3 shall be used.

3. 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".

3. b) For the purpose of Directive 79/112/EEC 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.

Article 2a

In the case of baker's honey and filtered honey, bulk containers, packs and
trade documents shall clearly indicate the full product name, as referred to
in Annex I, Part 1, point (b) 8 and Part 3.

Article 3

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 6(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.

Article 4

For the products defined in Annex I, Member States shall not adopt national
provisions not provided for by this Directive.

Article 5

The measures necessary for the implementation of this instrument relating to
the matters referred to below shall be adopted in accordance with the
regulatory procedure set out in Article 6(2):

    - bringing this Directive into line with general Community legislation
on foodstuffs;
    - adaptations to technical progress.

Article 6

1. The Commission shall be assisted by the Standing Committee on Foodstuffs
(hereinafter referred to as "the Committee").

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.

Article 7

Directive 74/409/EEC is hereby repealed with effect from (18 months after
the entry into force of this Directive).

References to the repealed Directive shall be construed as references to
this Directive.

Article 8

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive before (18
months after the entry into force of this Directive). They shall immediately
inform the Commission thereof.

The provisions 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 (18 months after the entry into force of this Directive);
    - prohibit the marketing of products which fail to conform to this
Directive, with effect from (30 months after the entry into force of this
Directive).

However, the marketing of products which fail to conform to this Directive
and labelled before (30 months after the entry into force of this Directive)
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 9

This Directive shall enter into force on the twentieth day following that of
its publication in the Official Journal of the European Communities.

Article 10

This Directive is addressed to the Member States.

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ANNEX I

PRODUCT DESCRIPTIONS AND DEFINITIONS

1. Honey is the natural sweet substance produced by Apis mellifera bees from
the nectar of plants or from secretions of living parts of plants or
excretions of plant sucking insects on the living parts of plants, which the
bees collect, transform by combining with specific substances of their own,
deposit, dehydrate, store and leave in honeycombs to ripen and mature.

2. The main types of honey are as follows:

(a) According to origin:

1. Blossom honey or Nectar honey

Honey obtained from the nectar of plants.

2. Honeydew honey

Honey obtained mainly from excretions of plant sucking insects (Hemiptera)
on the living part of plants or secretions of living parts of plants.

(b) According to mode of production and/or presentation:

3. Comb honey

Honey stored by bees in the cells of freshly built broodless combs or thin
comb foundation sheets made solely of beeswax and sold in sealed whole combs
or sections of such combs.

4. Chunk honey or cut comb in honey

Honey which contains one or more pieces of comb honey.

5. Drained honey

Honey obtained by draining decapped broodless combs.

6. Extracted honey

Honey obtained by centrifuging decapped broodless combs.

7. Pressed honey

Honey obtained by pressing broodless combs with or without the application
of moderate heat not exceeding 45°C.

8. Filtered honey

Honey obtained by removing foreign inorganic or organic matter in such a way
as to result in the significant removal of pollen.

3. Baker's honey

Honey, which is a) suitable for industrial uses or as an ingredient in other
foodstuffs which are then processed and b) may:

    - have a foreign taste or odour, or
    - have begun to ferment or have fermented, or
    - have been overheated.

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ANNEX II

COMPOSITION CRITERIA FOR HONEY

Honey consists essentially of different sugars, predominantly fructose and
glucose as well as other substances such as organic acids, enzymes and solid
particles derived from honey collection. The colour of honey varies from
nearly colourless to dark brown. The consistency can be fluid, viscous or
partly to entirely crystallised. The flavour and aroma vary, but are derived
from the plant origin.

When placed on the market as honey or used in any product intended for human
consumption, honey shall not have added to it any food ingredient, including
food additives, nor shall any other additions be made other than honey.
Honey must as far as possible, be free from organic or inorganic matters
foreign to its composition. With the exception of point 3 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.

Without prejudice to Annex I, part 2, point 8, no pollen or constituent
particular to honey may be removed except where this is unavoidable in the
removal of foreign inorganic or organic matter.

When placed on the market as honey or used in any product intended for human
consumption, honey must meet the following composition criteria:

Sugar content

1.1 Fructose and glucose content (sum of both)

    - Blossom honey: not less than 60 g/100 g
    - Honeydew honey, blends of honeydew honey with blossom honey: not less
than 45 g/100 g

1.2 Sucrose content

    - In general: not more than 5 g/100 g
    - False Acacia (Robinia pseudoacacia), Alfalfa (Medicago sativa),
Menzies Banksia (Banksia menziesii), French honeysuckle (Hedysarum), Red Gum
(Eucalyptus camadulensis), Leatherwood (Eucryphia lucida), Eucryphia
milligani, Citrus spp. : not more than 10 g/100 g
    - Lavender (Lavandula spp.), Borage (Borago officinalis): not more than
15 g/100 g

2. Moisture content

    - In general: not more than 20%
    - Heather (Calluna) and baker's honey in general: not more than 23%
    - Baker's honey from heather (Calluna): not more than 25%

3. Water-insoluble content

    - In general: not more than 0.1 g/100 g
    - Pressed honey: not more than 0.5 g/100 g

4. Electrical Conductivity

    - Honey not listed below, and blends of these honeys: not more than 0.8
mS/cm
    - Honeydew and chestnut honey and blends of these except with those
listed below: not less than 0.8 mS/cm
    - Exceptions: Strawberry tree (Arbutus unedo), Bell Heather (Erica),
Eucalyptus, Lime (Tilia spp), Ling Heather (Calluna vulgaris), Manuka or
Jelly bush (Leptospermum), Tea tree (Melaleuca spp.)

5. Free acid

    - In general: not more than 50 milli-equivalents acid per 1000 grammes
    - Baker's honey: not more than 80 milli-equivalents acid per 1000
grammes

6. Diastase activity and hydroxymethylfurfural content (HMF) determined
after processing and blending

(a) Diastase activity (Schade scale)

    - In general, except baker's honey: not less than 8
    - Honeys with low natural enzyme content (e.g. citrus honeys) and an HMF
content of not more than 15 mg/kg: not less than 3
(b) HMF

    - In general, except baker's honey: not more than 40 mg/kg (subject to
the provisions of paragraph (a) second indent)
    - Honey of declared origin from regions with tropical climate and blends
of these honeys: not more than 80 mg/kg
<<<<<<<<


Best regards,

Gilles RATIA
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President of the Apimondia Standing Commission on Beekeeping Technology and
Equipment ( http://www.apimondia.org )
Webmaster of the "Virtual Beekeeping Gallery" ( http://www.beekeeping.com )