EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/323/2024 
(POOL/E2/2024/323/323 -EN.docx)  
[…](2024) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries 
SF-001 to SF -010 from the Union list of authorised smoke flavouring primary products  
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries 
SF-001 to SF -010 from the Union list of authorised smoke flavouring primary products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EC) No 2065/2003 of the European Parliament and of the 
Counci l of 10 November 2003 on smoke flavourings used or intended for use in or on foods1, 
and in particular Article 6 (1) and Article 18(2) thereof,  
Whereas:  
(1) Regulation (EC) No 2065/2003 provides that only smoke flavourings included in the 
Union list of authorised smoke flavouring primary products  (‘the Union list’) may be 
placed on the market within the Union.  
(2) Commission Implementing Regulation (EU) No 1321/20132 establishe s the Union list , 
laying down the authorised smoke flavouring primary products , their specifications 
and conditions of use . The authorisations of the smoke flavouring primary products 
SF-001 to SF -010 were  valid from 1 January 2014 for 10 years  and renewable for 
further 10-year periods on application to the Commission by the authori sation holder.   
(3) For the smoke flavouring primary products SF -007 and SF -010 no application for the 
renewal of the authorisation was submitted and the authorisation expired on 1 January 
2024.  
(4) For smoke flavouring primary products SF -001, SF -002, SF -003, SF -004, SF -005, SF -
006, SF -008 and SF -009, applications for the renewal of authorisation were submitted  
in June 2022.  The Commission refused  the renewal of the authorisation of smoke 
flavouring primary products SF -001, SF -002, SF -003, SF -004, SF -005, SF -006, SF -
008 and SF -009 by Commission  Implementing  Decisions (EU) …/…3, …/…4, …/…5, 
…/…6, …/…7, …/…8, …/…9 and …/…10. 
 
1 OJ L 309, 26.11.2003, p. 1, ELI: http://data.europa.eu/eli/reg/2003/2065/oj . 
2 Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the 
Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the 
production of derived smoke flavourings (OJ L 333, 12.12.2013, p. 54, ELI: 
http://data.europa.eu/eli/reg_impl/2013/1321/oj ). 
3 [Please  insert  full reference of the decision ] OJ […]  
4 [Please insert full reference of the decision ] OJ […]  
5 [Please insert full reference of the decision ] OJ […]  
6 [Please insert full reference of the decision ] OJ […]  
7 [Please insert full reference of the decision ] OJ […]  
8 [Please insert full reference of the decision ] OJ […]  
9 [Please insert full reference of the decision ] OJ […]   
EN 2  EN (5) Since those ten smoke  flavouring primary products are no longer authorised, it is 
appropriate to delete the relevant entries  from the Union list . 
(6) Implementing Regulation (EU) No 1321/2013  should therefore be amended 
accordingly.  
(7) However, in light of the Authority ’s concerns  linked to smoke flavouring primary 
products SF-001, SF -002, SF -003, SF -004, SF -005, SF -006, SF -008 and SF -009, but 
also of the fact  that smoke flavouring primary products are used extensively in a wide 
range of food products and that all the authoris ed uses of smoke flavouring primary 
products impart ing a ‘smoked’ flavour or , in some cases , used as an alternative to a 
traditional smoking process have expired or are not renewed , appropriate measu res, 
adapted to the different types of uses of smoke flavouring primary products, should be 
introduced  in order to allow food business operators to find alternatives .  
(8) Foods of categories 1.7 (cheese and cheese products) , 8 (Meat), 9.2  (Processed fish 
and fishery products including crustaceans and molluscs) , 9.3  (Fish roe) and their 
corresponding sub -categories, to which th ose smoke flavouring primary products are 
added  and that comply with the provisions laid down for those smoke flavouring 
primary pro ducts in the Union list before … [date of the entry into force of this 
Regulation ] should be allowed to be placed on the market until 1 July 2029 and to 
remain on the market until their date of minimum durability or use -by date  as the use 
of smoke flavouring primary products in or on such foods replac es traditional smoking 
process es and the  adjustment  of production process es may require significant 
investment and , in some cases,  lengthy administrative procedures . 
(9) Foods of all other categories to whi ch th ose smoke flavouring primary products are 
added and that comply with the provisions laid down for those smoke flavouring 
primary products in the Union list before … [date of the  entry into force of this 
Regulation ] should be allowed to  be placed on the market until 1 July 2026 and to 
remain on the market until their date of minimum durability or use -by date  in order to 
allow enough time for the food business operators using those smoke flavouring 
primary products to adjust the recipes of their food s. 
(10) For the same reasons, p reparations containing those smoke flavouring primary 
products and  not intended to be consumed as such should be allowed to be placed on 
the market until the dates set out for the foods they are intended for .  
(11) The measures provided for in this Regulation are in accordance with the opinion  of the 
standing Committee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
In the Annex to Regulation (EU) No 1321/2013, the entries for SF -001, SF -002, SF -003, SF -
004, SF -005, SF -006, SF -007, SF -008, SF -009, SF -010 are delete d. 
Article 2  
1. Foods containing smoke flavouring primary products SF-001, SF -002, SF -003, SF -
004, SF -005, SF -006, SF -008 or SF -009 that comply with the provisions laid down 
 
10 [Please insert full reference of the decision ] OJ […]   
EN 3  EN for those smok e flavouring primary products in the Union list before [the date of  
entry into force of this Regulation ] may continue to be placed on the market  and 
remain on the market until their date of minimum durability or use by  date if they are 
placed on the market until the following dates : 
(a) 1 July 2029 for food categories 1.7 (cheese and cheese products) , 8 (meat), 9.2 
(processed fish and fishery products including crustaceans and molluscs), 9.3 (Fish 
roe) and their corresp onding sub -categories ; 
(b) 1 July 2026 for all other food categorie s. 
2. Preparations containing smoke flavouring primary products SF-001, SF -002, SF -003, 
SF-004, SF -005, SF -006, SF -008 or SF -009 and not intended to be consumed as such  
may be  placed on the market until 1 July 2029 for use in the food categories listed in 
paragraph 1, point (a), and until 1  July 2026 for all other food categories . 
For the purposes of this paragraph , ‘preparations ’ mean s mixtures of smoke 
flavourings  or mixtures  of one or more smoke flavourings with other food 
ingredients , such as flavourings, food additives, enzymes or carriers , to facilitate 
their storage, sale, standardisation, dilution or dissolution . 
Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in the Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYE N