Activities of Britta REIMERS related to 2012/0260(COD)
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Honey (debate)
Honey (debate)
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REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey PDF (241 KB) DOC (315 KB)
Amendments (8)
Amendment 6 #
Proposal for a directive
Recital 1
Recital 1
(1) Following the judgment of the Court of JusDirecticve of 6 September 2011 in case C- 442/098, pollen in2001/110/EC defines honey ias to be considered as an ingredient within the meaning of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs9. The judgment of the Court was based on the consideration relying on the facts brought before it that pollen in honey is mainly due to the centrifugation carried out by the beekeeper for the purposes of honey collection. However, pollen only enters into the hive as a result of the activity of the bees and it is naturally present in honey regardless of whether or not the beekeeper extracts the honey through centrifugation. It is necessary therefore to clarify, without prejudice to the application of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed10 to genetically modified pollen in honey, that pollen is a constituent of honey, which is a natural substance that has no ingredients, and not an ingredient within the meaning of Directive 2000/13/EC. Therefore, Council Directive 2001/110/EC of 20 December 2001 relating to honey11 should be amended accordingly. __________________ 8 OJ C 311, 22he natural sweet substance produced by bees. 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. Directive 2001/110/EC preserves the natural character of honey by limiting human intervention that could alter the composition of honey. In particular, that Directive prohibits the addition of any food ingredient to honey, including food additives, or to make any other additions other than honey. Similarly, that Directive prohibits the removal of any constituent particular to honey, including pollen, unless it is unavoidable in the removal of foreign matter. Those requirements are in line with the Codex Alimentarius standard for honey. OJ L 109, 6.5.2000, p. 29. OJ L 268, 18.10.201103, p. 71. 9OJ L 10, 112.1.2002, p. 47.
Amendment 8 #
Proposal for a directive
Recital 1
Recital 1
(1) Following the judgment of the Court of Justice of 6 September 2011 in case C- 442/09, pollen inDirective 2001/110/EC defines honey ias to be considered as an ingredient within the meaning of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. The judgment of the Court was based on the consideration relying on the facts brought before it that pollen in honey is mainly due to the centrifugation carhe natural sweet substance produced by bees. Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived out by the beekeeper for the purposes of honey collection. However, pollen only enters into the hive as a result of the activity of the bees and it is naturally present in honey regardless of whether or not the beekeeper extracts the honey through centrifugation. It is necessary therefore to clarify, without prejudice to the application of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed to genetically modified pollen in honey, that pollen is a constituent of honey, which is a natural substance that has no ingredients, and not an ingredient within the meaning of Directive 2000/13/EC. Therefore, Council Directive 2001/110/EC of 20 December 2001 relating to honey should be amended accordinglfrom honey collection. Directive 2001/110/EC preserves the natural character of honey by limiting human intervention that could alter the composition of honey. In particular, that Directive prohibits the addition of any food ingredient to honey, including food additives, or to make any other additions other than honey. Similarly, that Directive prohibits the removal of any constituent particular to honey, including pollen, unless it is unavoidable in the removal of foreign matter. Those requirements are in line with the Codex Alimentarius standard for honey.
Amendment 8 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Pollen is part of the composition criteria for honey set out by Directive 2001/110/EC. Available evidence, including empirical and scientific data, confirms that honeybees are the origin of the presence of pollen in honey. Pollen grains fall into nectar which is collected by honeybees. In the hive collected nectar containing pollen grains is transformed into honey by the bees. According to the available data, additional pollen in honey can come from pollen on bees' hair, pollen in the air inside the hive and from pollen packed by bees in cells which might open during the extraction of honey by operators. It follows that pollen enters into the hive as a result of the activity of the bees and is naturally present in honey regardless of whether or not operators extract the honey. Furthermore, there is no intentional addition of pollen into honey by operators, such an addition being prohibited by Directive 2001/110/EC.
Amendment 10 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
Amendment 12 #
Proposal for a directive
Recital 1 e (new)
Recital 1 e (new)
(1e) This Directive is without prejudice to the application of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed to honey containing genetically modified pollen, since such honey constitutes food produced from genetically modified organisms within the meaning of that Regulation. In Case C-442/09, Karl Heinz Bablok and Others v Freistaat Bayern the Court ruled that the determining criterion for the application of Regulation (EC) No 1829/2003, as set out in the recital 16 thereof, is whether or not material derived from the genetically modified source material is present in food . Honey containing genetically modified pollen should therefore be regarded as being "food (partially) produced from a GMO" within the meaning of point (c) of Article 3(1) of Regulation (EC) No 1829/2003. The provision that pollen is not an ingredient of honey does not therefore affect the Court's conclusion in the above mentioned case that honey containing genetically modified pollen is subject to Regulation (EC) No 1829/2003, in particular to the requirements thereof concerning authorisation prior to placing on the market, supervision and, where applicable, labelling.
Amendment 13 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Pollen is part of the composition criteria for honey set out by Directive 2001/110/EC. Available evidence, including empirical and scientific data, confirms that honeybees are the origin of the presence of pollen in honey. Pollen grains fall into nectar which is collected by honeybees. In the hive collected nectar containing pollen grains is transformed into honey by the bees. According to the available data, additional pollen in honey can come from pollen on bees' hair, pollen in the air inside the hive and from pollen packed by bees in cells which might incidentally open during the extraction of honey by operators. It follows that pollen enters into the hive as a result of the activity of the bees and is naturally present in honey regardless of whether or not operators extract the honey. Furthermore, there is no intentional addition of pollen into honey by operators, such an addition being prohibited by Directive 2001/110/EC.
Amendment 18 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1 defines an 'ingredient' as any substance used in the manufacture or preparation of a foodstuff and still present in the finished products, even in altered form. This definition implies an intentional use of a substance in the manufacture or preparation of a foodstuff. Taking into account the natural character of honey, and in particular the natural origin of the presence of constituents particular to honey, including pollen, it is necessary to clarify that pollen and any other constituents particular to honey should not be considered as 'ingredients' of honey within the meaning of Regulation (EU) No 1169/2011. __________________ 1 OJ L 304, 22.11.2011, p. 18
Amendment 20 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)