Brussels, 21/09/2012 (Agence Europe) - European rules on honey (Directive 2001/110/EC) are to be amended to clarify the true nature of pollen present in honey. On Friday 21 September, the Commission in fact suggested that pollen should be defined as a natural constituent of honey, in line with international World Trade Organisation (WTO) standards, and not as an ingredient as the EU Court of Justice maintains (Case C-442/09).
This clarification is the European Commission's response to a preliminary Court ruling which, in September 2011, had severely criticised the marketing, without prior authorisation, of honey contaminated by genetically engineered pollen MON 810 (see EUROPE 10458 and 10447). It should have the effect of preventing the compulsory labelling of honey containing traces of GMOs.
After referral for a preliminary question relating to the interpretation of Directive 2001/110/EC, the Court of Justice had concluded that pollen is an ingredient of honey, arguing that the pollen is found in honey mainly due to intervention by the beekeeper. One German beekeeper, who had detected genetically modified MON810 maize pollen in his honey, had challenged the legal status of the honey.
The Commission, on the other hand, recognises pollen as a natural constituent as it enters the hive as a result of the activity of the bees and is found in honey regardless of whether the beekeeper intervenes or not. Consequently, since pollen is considered as a natural constituent of honey, EU labelling rules requiring a list of ingredients would not apply.
In a press release, the Commission explains that its proposal will not affect application of the GMO legislation to GM pollen in food. Honey containing GM pollen may therefore be placed on the market only if it is covered by an authorisation under the legislation. Furthermore, the labelling rules on GMO in food will also be applicable (Regulation No1829/2003). In other words, the presence of GMO material (or of products based on GMOs) in the honey should appear on the labelling of the honey solely if that material is present in a proportion above 0.9% of each ingredient. The proposal, moreover, aims to entrust the Commission with implementation authority introduced by the Lisbon Treaty (the famous delegated acts). (AN/transl.jl)