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- Debate in Parliament 2014/01/14
- Committee report tabled for plenary, 1st reading/single reading 2013/12/05
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
GIRLING Julie ( ECR)
|
PETERLE Alojz ( PPE),
TABAJDI Csaba Sándor ( S&D),
REIMERS Britta ( ALDE),
STAES Bart ( Verts/ALE),
FERREIRA João ( GUE/NGL)
|
| Committee Opinion | AGRI |
GABRIEL Mariya ( PPE)
|
Daciana Octavia SÂRBU ( S&D)
|
| Committee Opinion | IMCO |
Lead committee dossier:
Legal Basis:
TFEU 043-p2
Legal Basis:
TFEU 043-p2Subjects
Events
PURPOSE: to amend Council Directive 2001/110/EC to align the implementing power of the Commission on the provisions laid down in the Treaty on the Functioning of the European Union (TFEU) and explicitly clarify the status of pollen, being a natural constituent particular to honey, rather than an ingredient of honey.
LEGISLATIVE ACT: Directive 2014/63/EU of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey.
CONTENT: the Directive lays down that pollen is a natural constituent of, not an ingredient of, honey . It also clarifies the labelling requirements for the cases where honey originates in more than one Member State or third country. In these cases, the indicator of the country of origin may replaced by one of the the following indications, as appropriate: i) “blend of EU honeys”; ii) “blend of non-EU honeys”, iii) “blend of EU and non-EU honeys”.
Finally, the Directive reviews the scope of the existent power conferred on the Commission , in the light of the distinction between the delegated powers and the implementing competences of the Commission, introduced by articles 290 and 291 of the TFEU.
The Commission may, taking into account international standards and technical progress, by means of implementing acts , set out methods of analysis to verify whether honey is compliant with the provisions of this Directive.
In order to ensure fair commercial practices, to protect consumer interests and to enable the setting out of relevant methods of analysis, the power to adopt delegated acts should be delegated to the Commission to supplement the Directive lay down two parameters for the criterion of ‘mainly’ as regards the floral or vegetable origin of honey and the minimal content of pollen in filtered honey following removal of foreign inorganic or organic matter.
The power to adopt the delegated acts shall be conferred on the Commission for a period of five years (with tacit extension) from 23 June 2014 . The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period can be extended for two months). If the European Parliament or the Council make objections, the delegated act will not enter into force.
ENTRY INTO FORCE: 23.06.2014.
TRANSPOSITION: by 23.06.2015. The measures shall apply from 24.06.2015.
Products placed on the market or labelled before 24.06.2015, in line with Directive 2001/110/EC, may continue to be marketed until the exhaustion of stocks.
The European Parliament adopted by 283 votes to 248, with 45 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey.
The report was referred back to the committee at the 15 January 2014 plenary sitting.
Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement reached between the European Parliament and the Council. They amended the proposal as follows:
Pollen : the compromise text stipulated that pollen, being a natural constituent particular to honey, should not be considered to be an ingredient, within the meaning of point (f) of Article 2(2) of Regulation (EU) No 1169/2011 on the provision of food information to consumers.
Labelling requirements : requirements as regards the case where honey originates in more than one Member State or third country have been clarified. If the honey originates in more than one Member State or third country, the indication of the countries of origin may be replaced with one of the following, as appropriate: (i) 'blend of EU honeys', (ii) 'blend of non-EU honeys', (iii) 'blend of EU and non-EU honeys'.
Commission powers : in order to ensure fair commercial practices and protect consumer interests and enabling the setting out of relevant methods of analysis, the Commission should be empowered to adopt delegated acts to supplement this Directive by laying down the quantitative parameters relating to the following: (a) the criterion of “mainly” as regards the floral or vegetable origin of honey; and, (b) the minimal content of pollen in filtered honey following removal of foreign inorganic or organic matter.
The duration of the delegation of power conferred on the Commission has been set at 5 years which may be tacitly extended.
The European Parliament adopted amendments to the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey.
The matter was referred back for reconsideration to the committee responsible . The vote was postponed to a later session.
The main amendments adopted in plenary are as follows:
Geneticially modified pollen : Parliament rejected a proposal by its Environment Committee to consider GM pollen as an ingredient rather than a natural constituent of honey, in line with a Court of Justice ruling in 2011.
The amended text stipulates that pollen, being a natural constituent particular to honey , shall not be considered an ingredient , within the meaning of Article 2 (2)(f ) of Regulation (EU) No 1169 /2011 on the provision of food information to consumers. Current EU legislation on labelling will continue to apply.
Alignment with the Lisbon Treaty (delegated acts): the proposal seeks to allow the Commission to amend the technical characteristics related to names, product descriptions and definitions in Annex I and composition criteria in Annex II to the present Directive. However, Members considered that these are all essential elements of the Directive and should not be amended through delegated acts in accordance with Article 290 of the TFEU. Therefore, they deleted these parts of the Commission proposal.
The power to adopt delegated acts relating to non-essential elements is still to be conferred on the Commission. Accordingly, Members called for the proposal in Article 4 for delegated acts to set out methods for the verification of compliance of honey with the provisions of this Directive to be maintained.
Members have also amended the length of time for which the power to adopt delegated acts can be conferred on the Commission. This has been changed from an indeterminate period to five years with tacit extension.
The Committee on the Environment, Public Health and Food Safety adopted the report by Julie GIRLING (ECR, UK) on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows:
Transformation of the ECJ-ruling of 6 September 2011 : the report recalled that following the judgment of the Court of Justice of 6 September 2011 in case C-442/09, pollen derived from genetically modified crops is to be considered as an ingredient of honey, or of food supplements containing pollen, within the meaning of Regulation (EU) No 1169/2011 on the provision of food information to consumers.
In order to ensure freedom of information and choice for consumers, and taking into account the special characteristics of honey, this Directive should consider pollen to be an ingredient , but solely within the meaning of Article 2 and Article 12(2) of Regulation (EC) No 1829/2003 on genetically modified food and feed.
The report stressed that honey and other foods or food supplements, containing pollen derived from genetically modified crops are to be labelled as foodstuffs containing ingredients produced from genetically modified organisms . As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.
Alignment with the Lisbon Treaty (delegated acts) : the proposal seeks to allow the Commission to amend the technical characteristics related to names, product descriptions and definitions in Annex I and composition criteria in Annex II to the present Directive. However, Members considered that these are all essential elements of the Directive. Therefore, the Commission proposal, in allowing amendment of essential elements, goes beyond the scope of delegated acts as outlined in the Treaty. For this reason, the report has removed these references from the Commission proposal.
The power to adopt delegated acts relating to non-essential elements should still to be conferred on the Commission. Therefore, Members called for the proposal in Article 4 for delegated acts to set out methods for the verification of compliance of honey with the provisions of this Directive to be maintained.
Members have also amended the length of time for which the power to adopt delegated acts can be conferred on the Commission. This has been changed from an indeterminate period to five years with tacit extension .
This Commission staff working document aims to give further explanations as regards the legality of the proposal for a Directive of the European Parliament and of the Council amending Council Directive 2001/110/EC relating to honey.
The legal certainty of the proposal was questioned by the Council Legal Service as regards the qualification of pollen as a “constituent” of honey as opposed to an ingredient within the context of t he ruling of the Court of Justice of the EU dated 6 September 2011, Bablok, C-442/09.
The Commission concludes that this proposal is based on different factual considerations than those put forward to the Court in the Bablok ruling and that it amends one of the acts (Directive 2001/110/EC) which was interpreted by the Court in the Bablok ruling.
Therefore, the Commission continues to consider that the proposal, as it stands, is fully compatible with the existing case-law and is therefore legal .
PURPOSE: to align existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE) and clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts:
· 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 (delegated acts);
· Article 291 of the TFUE allows Member States to adopt all measures of national law necessary to implement legally binding Union acts (implementing acts).
Following a reference for a preliminary ruling under Article 234 EC for 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 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs.
In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared.
IMPACT ASSESSMENT: no significant changes for interested parties are expected and for this reason, no impact assessment has been carried out.
LEGAL BASIS: Article 43 TFEU.
CONTENT : the proposal aims to:
· identify the delegated and implementing powers that should be conferred upon the Commission as regards Directive 2001/110/EC and establish the corresponding procedure for adoption of this act in the new legal context determined by the entry into force of Articles 290 and 291 TFUE;
· clarify, in view of the judgement of the Court of Justice in Case C-442/09, that pollen in honey is not an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council, but is a constituent of honey, which is a natural substance that has no ingredients. This clarification will not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen, 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.
BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
Documents
- Commission response to text adopted in plenary: SP(2014)471
- Final act published in Official Journal: Directive 2014/63
- Final act published in Official Journal: OJ L 164 03.06.2014, p. 0001
- Draft final act: 00065/2014/LEX
- Decision by Parliament, 1st reading/single reading: T7-0442/2014
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0028/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0440/2013
- Amendments tabled in committee: PE524.594
- Committee opinion: PE516.973
- Amendments tabled in committee: PE519.529
- Document attached to the procedure: SWD(2013)0221
- Committee draft report: PE498.152
- Contribution: COM(2012)0530
- Contribution: COM(2012)0530
- Economic and Social Committee: opinion, report: CES2304/2012
- Legislative proposal published: COM(2012)0530
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES2304/2012
- Committee draft report: PE498.152
- Document attached to the procedure: SWD(2013)0221
- Amendments tabled in committee: PE519.529
- Committee opinion: PE516.973
- Amendments tabled in committee: PE524.594
- Draft final act: 00065/2014/LEX
- Commission response to text adopted in plenary: SP(2014)471
- Contribution: COM(2012)0530
- Contribution: COM(2012)0530
Activities
- John Stuart AGNEW
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- Roberta ANGELILLI
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- Kriton ARSENIS
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- Sophie AUCONIE
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- Pilar AYUSO
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- Spyros DANELLIS
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- Viorica DĂNCILĂ
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- Gaston FRANCO
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- Béla GLATTFELDER
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- Julie GIRLING
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- Françoise GROSSETÊTE
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- Jolanta Emilia HIBNER
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- Christa KLASS
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- Astrid LULLING
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- Alajos MÉSZÁROS
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- James NICHOLSON
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- Alojz PETERLE
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- Britta REIMERS
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- Horst SCHNELLHARDT
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- Richard SEEBER
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- Czesław Adam SIEKIERSKI
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- Renate SOMMER
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- Bart STAES
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- Dimitar STOYANOV
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- Csaba Sándor TABAJDI
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- Dominique VLASTO
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- Janusz WOJCIECHOWSKI
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- Zbigniew ZIOBRO
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| Amendments | Dossier |
| 78 |
2012/0260(COD)
2013/10/02
ENVI
56 amendments...
Amendment 10 #
Proposal for a directive Recital 1 (1) Following the judgment of the Court of Justice of 6 September 2011 in case C- 442/09, pollen in honey is to be considered as an ingredient within the meaning of
Amendment 11 #
Proposal for a directive Recital 1 (1) Following the judgment of the Court of Justice of 6 September 2011 in case C- 442/09, pollen in honey is 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. When Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers enters into force on 13 December 2014, this Directive will be repealed and replaced. 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 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
Amendment 12 #
Proposal for a directive Recital 1 a (new) (1a) Honey has the reputation to be a natural, wholesome and healthy product. Its high nutritional value and its ability to treat various ailments is undoubtedly established in consumers' perception. The existence of GM pollen in the honey will definitely affect this perception. Therefore pursuant and in extension of the scope of Article 12(4)of Regulation 1829/2003 and in order to take into consideration the specificities of this foodstuff and the perception accompanying its nutritional value, it is considered necessary that the existence of any trace of GM in honey's pollen shall be indicated in the labelling of the product.
Amendment 13 #
Proposal for a directive 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 14 #
Proposal for a directive Recital 1 a (new) (1a) As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.
Amendment 15 #
Proposal for a directive Recital 1 a (new) (1a) As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.
Amendment 16 #
Proposal for a directive Recital 1 a (new) (1a) As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.
Amendment 17 #
Proposal for a directive Recital 1 b (new) (1b) In order to take account of consumers’ increasing sensitivity over the presence of genetically modified organisms in food and their rights to be informed thereof, in accordance with Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003, Council Directive 2001/110/EC of 20 December 2001 should be amended accordingly.
Amendment 18 #
Proposal for a directive 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 19 #
Proposal for a directive Recital 1 b (new) (1b) In accordance with Directive 2001/18 and Regulation 1829/2003, the unintended presence of substances containing genetically modified DNA and/or genetically modified proteins in honey has to be avoided.
Amendment 20 #
Proposal for a directive Recital 1 c (new) Amendment 21 #
Proposal for a directive Recital 1 c (new) (1 c) In accordance with Regulation 1829/2003 of the European Parliament and the Council of 22 September 2003 on genetically modified food and feed, honey and other foods or food supplements containing pollen derived from genetically modified crops are to be labelled as foodstuffs containing ingredients produced from genetically modified organisms.
Amendment 22 #
Proposal for a directive Recital 1 d (new) (1d) Regulation 1169/2011 indicates that an ingredient is a substance used in the manufacture of a food. It is indispensable for the production of honey and for the pollination of crops that bees are intentionally placed to visit certain plant species, as the composition of honey mainly depends on where the bee-hives are located and when it is harvested. Pollen derived from genetically modified crops should therefore be regarded as ingredient species-specifically.
Amendment 23 #
Proposal for a directive Recital 1 e (new) (1e) The presence in honey of pollen originating from genetically modified organisms is, like the presence of GMO in any other harvest, technically avoidable by implementing adequate coexistence measures.
Amendment 24 #
Proposal for a directive Recital 1 f (new) (1f) Coexistence measures at member state level established in accordance with Article 26a of Directive 2001/18 should ensure that standard analyses of honey are not necessary, inter alia by setting minimum distance requirements.
Amendment 25 #
Proposal for a directive Recital 1 g (new) (1g) Pollen enters into the honey both as a result of the activity of bees and as a result of centrifugation conducted by the beekeeper. As bees are purposefully placed to collect certain plant-specific pollen, and as the beekeeper purposefully carries out centrifugation, the presence of pollen in honey cannot be regarded as adventitious.
Amendment 26 #
Proposal for a directive Recital 2 a (new) (2a) In order to ensure freedom of information and choice for consumers, and taking into account the special characteristics of honey, this Directive shall address pollen as an ingredient, but solely within the meaning of Article 2 and Article 12(2) of Regulation (EC) No. 1829/2003.
Amendment 27 #
Proposal for a directive Recital 4 Amendment 28 #
Proposal for a directive Recital 4 Amendment 29 #
Proposal for a directive Recital 4 (4)
Amendment 30 #
Proposal for a directive Recital 6 Amendment 31 #
Proposal for a directive Recital 6 Amendment 32 #
Proposal for a directive Recital 6 Amendment 33 #
Proposal for a directive Recital 6 (6) Therefore, in order to take account of technical progress and, where appropriate, the developments in international standards, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adapt or update the technical characteristics
Amendment 34 #
Proposal for a directive Recital 6 a (new) (6a) Whereas honey is a natural product with characteristics different from those of most other foodstuffs, which is known for its curative, digestive and energetic properties; whereas honey, which is derived from the nectar of innumerable flowers, combined with the beneficial properties found in a vast array of plant species, contains important substances which are essential to the human organism, such as calcium, phosphorus, glucose, fructose, sodium, potassium, magnesium and iron; Whereas this natural product may, in the right form, be of benefit in cases of anaemia, asthma, broncho-pneumonia, bronchitis, flu, hoarseness, coughing and heart problems
Amendment 35 #
Proposal for a directive Recital 6 b (new) (6b) whereas consumers have the right to product information and in view of the presence on the market of honey containing pollen from genetically modified organisms it is necessary that this information be transparently provided and made available to consumers;
Amendment 36 #
Proposal for a directive Recital 6 c (new) (6c) whereas at present there is no restriction on genetically modified crops being grown in close proximity to traditional honey-producing areas and whereas the pollen from such crops ends up contaminating the honey produced in these areas; whereas the cultivation of genetically modified crops in fields close to beehives can lead to honey becoming contaminated by pollen from said crops;
Amendment 37 #
Proposal for a directive Article 1 - point -1 (new) Title 1 (-1) The title of Council Directive 2001/110/EC relating to honey is replaced by the following: "Council Directive 2001/110/EC relating to honey and apiculture products"
Amendment 38 #
Proposal for a directive Article 1 – point -1a (new) Directive 2001/110/EC Article 1 a (new) (- 1a) The following article is inserted: "Article 1a Apiculture products other than honey are defined in Annex Ia"
Amendment 39 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2001/110/EC Article 2 Amendment 40 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2001/110/EC Article 2 – point 5 Amendment 41 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2001/110/EC Article 2 – point 5 Pollen, being a natural constituent particular to honey, shall not be considered an ingredient, within the meaning of Article 6(4) of Directive 2000/13/EC, of the products defined in Annex 1 to this Directive. However, pollen shall be considered as an ingredient within the meaning of Article 2 and Article 12 of Regulation (EC) No. 1829/2003
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Pollen
Amendment 43 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2001/110/EC Article 2 – point 5 In Article 2, the following point is added: 6. Pursuant to and in extension of the scope of Article 12(4) of Regulation 1829/2003, any trace of GM pollen in honey shall be indicated on the label of the product.
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2001/110/EC Article 2 a (new) (1a) the following Article is inserted after Article 2: ‘Article 2a (new) 1. Honey labelling should adequately and transparently provide information on the presence or traces of pollen from genetically modified organisms. 2. Before being placed on the market, the honey shall be analysed and any GMO pollen content identified. The analyses required for this purpose shall not represent any additional charge to the beekeeper. 3. In cases where the presence of GMO pollen is detected, its origin shall be identified to establish whether it is present as a result of contamination. If this is found to be the case, the EU shall fully compensate the beekeepers in question for their loss of income. 4. The EU shall prevent the use of genetically modified crops in traditional honey-producing areas and shall guarantee a minimum GMO-free safety perimeter to prevent contamination.’
Amendment 45 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Article 2.4(a) is hereby amended as follows: ‘The country or countries of origin where the honey has been harvested and the respective percentages shall be indicated on the label.’
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2001/110/EC Article 2 – Point 5 (1a) In Article 2, the following point is added: "5. By way of derogation from Article 9 of Regulation 1169/2011, a list of ingredients shall not be required for honey. However, pollen shall be considered as an ingredient within the meaning of Article 2 and Article 12 of Regulation (EC) No. 1829/2003."
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2001/110/EC Article 2 – Point 5 (1a) In Article 2, the following point is added: "5. By way of derogation from Article 9 of Regulation 1169/2011, a list of ingredients shall not be required for honey."
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2001/110/EC Article 2 – point 5 (1a) In Article 2, the following point is added: "5. By way of derogation from Article 9 of Regulation 1169/2011, a list of ingredients shall not be required for honey."
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 2001/110/EC Article 2 – point 6 (1b) In Article 2, the following point is added: “6. Honey and other foods or food supplements containing pollen derived from genetically modified crops are to be considered as foodstuffs containing ingredients produced from genetically modified organisms and have to be labelled in accordance with the requirements of Regulation (EC) No 1829/2003, and in particular Art 12 (2) and 24 (2) thereof.”
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 1 c (new) Directive 2001/110/EC Article 2 – point 7 (1c) In Article 2, the following point is added: “7. For the purpose of labelling of pollen originating from genetically modified organisms, the labelling threshold referred to in Articles 12 (2) and 24 (2) of Regulation (EC) No 1829/2003 has to be calculated species-specifically.”
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6 Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6 Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2001/110/EG Article 6 The Commission shall be empowered to adopt delegated acts in accordance with Article 6a to amend the technical characteristics related to the
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6 a – point 2 The power to adopt delegated acts referred to in Article
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2001/110/EG Artikel 6a – Absatz 2 The power to adopt delegated acts referred to in Article
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6a – point 3 The delegation of power referred to in Article
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6a– point 3 The delegation of power referred to in Article
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2001/110/EC Article 6a – point 5 A delegated act adopted pursuant to Article
Amendment 59 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) (4a) Paragraph 1 of Annex I is replaced by the following: "1. 'Honey' means 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. 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, including pollen, while none of these substances and particles can be considered an ingredient of honey."
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) (4b) An Annex Ia is created as follow: "ANNEX Ia Names, product descriptions and definitions of apiculture products 1. 'Beeswax' means lipid natural matter prepared from secretions of the wax glands of Apis mellifera worker bees and used in manufacturing honeycombs. 2. 'Royal jelly' means the natural substance secreted by the hypopharyngeal and mandibular glands of Apis mellifera nurse worker bees, designed to feed the larvae and the queen and to which no other substance may be added. Royal jelly is produced by bees which are only fed with their natural foods (pollen, nectar and honey) during the royal jelly production time. 3. 'Propolis' means the substance collected from certain plants and subsequently transformed by Apis mellifera worker bees, to which their own secretions (mainly wax and salivary secretions) are added in order to use it as mortar. 4. 'Pollen' means a compact substance, more or less spherical, resulting from the agglutination of the male gametes of flowers by means of nectar, salivary secretions and the mechanical action of the third pair of legs of Apis mellifera worker bees, which is collected and transformed in the form of balls of pollen in order to be deposited and subsequently stored in the hive, and to which no other substance may be added. 5. 'Honeycomb pollen or bee bread' means balls of pollen scattered by bees in honeycomb cells which have undergone certain natural transformations through the presence of enzymes and micro- organisms; this pollen can be covered with honey."
Amendment 61 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (1) by [
Amendment 62 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (1) by [
Amendment 63 #
Proposal for a directive Article 3 – paragraph 1 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the Directive which it amends within three months of its publication.
Amendment 8 #
Proposal for a directive Recital 1 (1)
Amendment 9 #
Proposal for a directive Recital 1 (1) Following the judgment of the Court of Justice of 6 September 2011 in case C- 442/09, pollen
source: PE-519.529
2013/10/09
AGRI
22 amendments...
Amendment 10 #
Proposal for a directive Recital 1 c (new) Amendment 11 #
Proposal for a directive Recital 1 d (new) (1d) In accordance with Directive 2001/18 and Regulation 1829/2003, the unintended presence of substances containing genetically modified DNA and/or genetically modified proteins in honey has to be avoided.
Amendment 12 #
Proposal for a directive 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 f (new) (1f) In accordance with Regulation 1829/2003 of the European Parliament and the Council of 22 September 2003 on genetically modified food and feed, honey and other foods or food supplements containing pollen derived from genetically modified crops are to be labelled as foodstuffs containing ingredients produced from genetically modified organisms.
Amendment 14 #
Proposal for a directive Recital 1 g (new) (1g) Regulation 1169/2011 indicates that an ingredient is a substance used in the manufacture of a food. It is indispensable for the production of honey and for the pollination of crops that bees are intentionally placed to visit certain plant species, as the composition of honey mainly depends on where the bee-hives are located and when it is harvested. Pollen derived from genetically modified crops should therefore be regarded as an ingredient considered on the basis of individual species.
Amendment 15 #
Proposal for a directive Recital 1 h (new) (1h) The presence in honey of pollen originating from genetically modified organisms is, like the presence of GMO in any other harvest, technically avoidable by implementing adequate coexistence measures.
Amendment 16 #
Proposal for a directive Recital 1 i (new) (1i) Coexistence measures at member state level established in accordance with Article 26a of Directive 2001/18 should ensure that standard analyses of honey are not necessary, inter alia by setting minimum distance requirements.
Amendment 17 #
Proposal for a directive Recital 1 j (new) (1j) Pollen enters into the honey both as a result of the activity of bees and as a result of centrifugation conducted by the beekeeper. As bees are purposefully placed to collect certain plant-specific pollen, and as the beekeeper purposefully carries out centrifugation, the presence of pollen in honey cannot be regarded as adventitious.
Amendment 18 #
Proposal for a directive Recital 4 Amendment 19 #
Proposal for a directive Recital 6 Amendment 20 #
Proposal for a directive Article 1 – point -1 Directive 2001/110/EC Article 2 – point 2 Amendment 21 #
Proposal for a directive Article 1 – point 1 Directive 2001/110/EC Article 2 – point 5 Amendment 22 #
Proposal for a directive Article 1 – point 1 a (new) Directive 2001/110/EC Article 2 – point 5a (new) (1a) In Article 2, the following point is added: "5a. By way of derogation from Article 9 of Regulation 1169/2011, a list of ingredients shall not be required for honey."
Amendment 23 #
Proposal for a directive Article 1 – point 1 b (new) Directive 2001/110/EC Article 2 – point 5b (new) Amendment 24 #
Proposal for a directive Article 1 – point 1 c (new) Directive 2001/110/EC Article 2 - point 5c (new) (1c) In Article 2, the following point is added: "5c. For the purpose of the labelling of pollen originating from genetically modified organisms, the labelling threshold referred to in Articles 12 (2) and 24 (2) of Regulation (EC) No 1829/2003 has to be applied to the pollen of each individual species."
Amendment 25 #
Proposal for a directive Article 1 – point 3 Directive 2001/110/EC Article 6 Amendment 26 #
Proposal for a directive Article 1 – point 3 Directive 2001/110/EC Article 6a – paragraph 3 3. The delegation of power referred to in Article
Amendment 27 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (1) by
Amendment 6 #
Proposal for a directive Recital 1 (1)
Amendment 7 #
Proposal for a directive Recital 1 (1) Following the judgment of the Court of Justice of 6 September 2011 in case C- 442/098 , pollen
Amendment 8 #
Proposal for a directive 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 9 #
Proposal for a directive Recital 1 b (new) (1b) As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.
source: PE-521.509
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PURPOSE: to align existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE) and clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: · 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 (delegated acts); · Article 291 of the TFUE allows Member States to adopt all measures of national law necessary to implement legally binding Union acts (implementing acts). Following a reference for a preliminary ruling under Article 234 EC for 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 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. IMPACT ASSESSMENT: no significant changes for interested parties are expected and for this reason, no impact assessment has been carried out. LEGAL BASIS: Article 43 TFEU. CONTENT : the proposal aims to: · identify the delegated and implementing powers that should be conferred upon the Commission as regards Directive 2001/110/EC and establish the corresponding procedure for adoption of this act in the new legal context determined by the entry into force of Articles 290 and 291 TFUE; · clarify, in view of the judgement of the Court of Justice in Case C-442/09, that pollen in honey is not an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council, but is a constituent of honey, which is a natural substance that has no ingredients. This clarification will not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen, 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. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. New
PURPOSE: to align existing Commission implementing powers with the provisions laid down in the Treaty on the Functioning of the European Union (TFUE) and clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: · 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 (delegated acts); · Article 291 of the TFUE allows Member States to adopt all measures of national law necessary to implement legally binding Union acts (implementing acts). Following a reference for a preliminary ruling under Article 234 EC for 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 on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In light of these considerations, a draft proposal amending Directive 2001/110/EC has been prepared. IMPACT ASSESSMENT: no significant changes for interested parties are expected and for this reason, no impact assessment has been carried out. LEGAL BASIS: Article 43 TFEU. CONTENT : the proposal aims to: · identify the delegated and implementing powers that should be conferred upon the Commission as regards Directive 2001/110/EC and establish the corresponding procedure for adoption of this act in the new legal context determined by the entry into force of Articles 290 and 291 TFUE; · clarify, in view of the judgement of the Court of Justice in Case C-442/09, that pollen in honey is not an ingredient in the sense of Article 6(4)(a) of Directive 2000/13/EC of the European Parliament and of the Council, but is a constituent of honey, which is a natural substance that has no ingredients. This clarification will not prevent the applicability of Regulation (EC) No 1829/2003 to honey containing GM pollen, 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. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. |
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| activities/3/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE498.152
|
| activities/3 |
|
| activities/1/committees/0/shadows/2 |
|
| activities/1/committees/0/shadows/3 |
|
| activities/1/committees/0/shadows/4 |
|
| committees/0/shadows/2 |
|
| committees/0/shadows/3 |
|
| committees/0/shadows/4 |
|
| activities/2 |
|
| activities/4/date |
Old
2012-09-21T00:00:00New
2013-05-21T00:00:00 |
| activities/4/type |
Old
EP officialisationNew
Indicative plenary sitting date, 1st reading/single reading |
| activities/1/commission/0/Commissioner |
Old
DALLI JohnNew
BORG Tonio |
| other/0/commissioner |
Old
DALLI JohnNew
BORG Tonio |
| activities/1/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=530New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0530/COM_COM(2012)0530_EN.pdf |
| activities/2/committees/0/date |
2012-11-14T00:00:00
|
| activities/2/committees/0/rapporteur |
|
| activities/3 |
|
| committees/0/date |
2012-11-14T00:00:00
|
| committees/0/rapporteur |
|
| activities/2/committees/0/shadows/0 |
|
| committees/0/shadows/0 |
|
| activities/2 |
|
| procedure/dossier_of_the_committee |
ENVI/7/10728
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
| committees/0/shadows |
|
| activities/1/docs/0/text |
|
| activities/1/commission/0 |
|
| activities/1/docs/0/celexid |
CELEX:52012PC0530:EN
|
| other/0 |
|
| activities |
|
| committees |
|
| links |
|
| other |
|
| procedure |
|