(1)

Following the judgment of the Court of Justice of 6 September 2011 in case C-442 / 098 , 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 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 honey  (11) should be amended accordingly .

(1)

Council Directive 2001/110 / EC  (1) defines honey as the 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 .

(1a)

In order to take account of consumers’ increasing sensitivity over the presence of genetically modified organisms in food and of their rights to be informed thereof, and in accordance with Regulation (EU) No 1169/2011, Council Directive 2001/110/EC  (*1) should be amended accordingly.

(1b)

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.

(1c)

Regulation (EU) No 1169/2011 of the European Parliament and of the Council  (1) defines an ‘ingredient’ as any substance used in the manufacture or preparation of a foodstuff and still present in the finished product, 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.

(1d)

As honey is a natural product, it should be exempted from the requirement to bear a list of ingredients.

(1e)

(4)

The Annexes to Directive 2001/110/EC contain technical elements which might have to be adapted or updated to take account of developments in relevant international standards. That Directive does not confer on the Commission appropriate powers to promptly adapt or update those Annexes to take account of developments in international standards. Therefore, for the consistent implementation of Directive 2001/110/EC, the power to adapt or update the Annexes to that Directive to take account not only of technical progress but also of developments in international standards should also be conferred on the Commission.

(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 related to the product descriptions and definitions in the Annexes to Directive 2001/110/EC.