EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/2023/1469 ANNEX  
(POOL/E2/2023/1469/1469 -EN 
ANNEX.docx) D091974/02  
[…](2023) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION REGULATION (EU) .../...  
amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of 
the Council as regards the introduction of restrictions on the use of certain flavouring 
substances    
EN 1  EN ANNEX  
 
Part A of Annex I to Regulation (EC) No 1334/2008  is amended as follows:  
(1) Section 1 is amended as follows:  
(a) the table containing the list of food categories is replaced with the following :  
Category 
number   Food Category  
0.  All categories of foods  
01.  Dairy products and analogues  
01.1  Unflavoured pasteurised and sterilised (including UHT) milk  
01.2  Unflavoured fermented milk products, including natural unflavoured buttermilk 
(excluding sterilised buttermilk) non -heat-treated after fermentation  
01.3  Unflavoured fermented milk products, heat -treated after fermentation  
01.4  Flavoured fermented milk products including heat -treated products  
01.5  Dehydrated milk as defined by Directive 2001/114/EC  
01.6  Cream and cream powder  
01.6.1   Unflavoured pasteurised cream (excluding reduced fat creams)  
01.6.2   Unflavoured live fermented cream products and substitute products with a fat 
content of less than 20  % 
01.6.3   Other creams  
01.7  Cheese and cheese products  
01.7.1   Unripened cheese excluding products falling in category 16  
01.7.2   Ripened cheese  
01.7.3   Edible cheese rind  
01.7.4   Whey cheese  
01.7.5   Processed cheese  
01.7.6   Cheese products (excluding products falling in category 16)   
EN 2  EN 01.8  Dairy analogues, including beverage whiteners  
01.9  Edible caseinates  
02.  Fats and oils and fat and oil emulsions  
02.1  Fats and oils essentially free from water (excluding anhydrous milkfat)  
02.2  Fat and oil emulsions mainly of type water -in-oil 
02.2.1   Butter and concentrated butter and butter oil and anhydrous milkfat  
02.2.2   Other fat and oil emulsions including spreads as defined by Regulation (EC) 
No 1234/2007 and liquid emulsions  
02.3  Vegetable oil pan spray  
03.  Edible ices  
04.  Fruit and vegetables  
04.1  Unprocessed fruit and vegetables  
04.1.1   Entire fresh fruit and vegetables  
04.1.2   Peeled, cut  and shredded fruit and vegetables  
04.1.3   Frozen fruit and vegetables  
04.2  Processed fruit and vegetables  
04.2.1   Dried fruit and vegetables  
04.2.2   Fruit and vegetables in vinegar, oil, or brine  
04.2.3   Canned or bottled fruit and vegetables  
04.2.4   Fruit and vegetable preparations, excluding products covered by 5.4  
04.2.4.1   Fruit and vegetable preparations excluding compote  
04.2.4.2   Compote, excluding products covered by category 16  
04.2.5   Jam, jellies and marmalades and similar products  
04.2.5.1   Extra jam and extra jelly as defined by Directive 2001/113/EC   
EN 3  EN 04.2.5.2   Jam, jellies and marmalades and sweetened chestnut puree as defined by 
Directive 2001/113/EC  
04.2.5.3   Other similar fruit or vegetable spreads  
04.2.5.4   Nut butters and nut spreads  
04.2.6   Processed potato products  
05.  Confectionery  
05.1  Cocoa and chocolate products as covered by Directive 2000/36/EC  
05.2  Other confectionery including breath refreshening microsweets  
05.3  Chewing gum  
05.4  Decorations, coatings and fillings, except fruit based fillings covered by 
category 4.2.4  
06.  Cereals and cereal products  
06.1  Whole, broken, or flaked grain  
06.2  Flours and other milled products and starches  
06.2.1   Flours  
06.2.2   Starches  
06.3  Breakfast cereals  
06.4  Pasta  
06.4.1   Fresh pasta  
06.4.2   Dry pasta  
06.4.3   Fresh pre -cooked pasta  
06.4.4   Potato gnocchi  
06.4.5   Fillings of stuffed pasta (ravioli and similar)  
06.5  Noodles   
EN 4  EN 06.6  Batters  
06.7  Pre-cooked or processed cereals  
07.  Bakery wares  
07.1  Bread and rolls  
07.1.1   Bread prepared solely with the following ingredients: wheat flour, water, yeast 
or leaven, salt  
07.1.2   Pain courant français; Friss búzakenyér, fehér és félbarna kenyerek  
07.2  Fine bakery wares  
08.  Meat  
08.1  Fresh meat, excluding meat preparations as defined by Regulation (EC) No 
853/2004  
08.2  Meat preparations as defined by Regulation (EC) No 853/2004  
08.3  Meat products  
08.3.1   Non-heat-treated meat products  
08.3.2   Heat -treated meat products  
08.3.3   Casings and coatings and decorations for meat  
08.3.4   Traditional and t raditionally cured meat products with specific provisions 
concerning nitrites and nitrates  
08.3.4.1   Traditional immersion cured products (Meat products cured by immersion in a 
curing solution containing nitrites and/or nitrates, salt and other components)  
08.3.4.2   Traditional dry cured products. (Dry curing process involves dry application of 
curing mixture containing nitrites and/or nitrates, salt and other components to 
the surface of the meat followed by a period of stabilisation/maturation)  
08.3.4.3   Other traditional and traditionally cured products ( including i mmersion and dry 
cured processes used in combination or where nitrite and/or nitrate is included 
in a compound product or where the curing solution is injected into the product 
prior to cooking)  
09.  Fish and fisheries products  
09.1  Unprocessed fish and fisheries products  
09.1.1   Unprocessed fish   
EN 5  EN 09.1.2   Unprocessed molluscs and crustaceans  
09.2  Processed fish and fishery products including mollusks and crustaceans  
09.3  Fish roe  
10.  Eggs and egg products  
10.1  Unprocessed eggs  
10.2  Processed eggs and egg products  
11.  Sugars, syrups, honey and table -top sweeteners  
11.1  Sugars and syrups as defined by Directive 2001/111/EC  
11.2  Other sugars and syrups  
11.3  Honey as defined in Directive 2001/110/EC  
11.4  Table -top sweeteners  
11.4.1   Table -top sweeteners in liquid form  
11.4.2   Table -top sweeteners in powder form  
11.4.3   Table -top sweeteners in tablets  
12.  Salts, spices, soups, sauces, salads  and protein products  
12.1  Salt and salt substitutes  
12.1.1   Salt 
12.1.2   Salt substitutes  
12.2  Herbs, spices, seasonings  
12.2.1   Herbs and spices  
12.2.2   Seasonings and condiments  
12.3  Vinegars and diluted acetic acid (diluted with water to 4-30 % by volume)  
12.4  Mustard  
12.5  Soups and broths  
12.6  Sauces  
12.7  Salads and savoury based sandwich spreads  
12.8  Yeast and yeast products   
EN 6  EN 12.9  Protein products, excluding products covered in category 1.8  
13.  Foods intended for particular nutritional uses as defined by Directive 
2009/39/EC  
13.1  Foods for infants and young children  
13.1.1   Infant formulae as defined by Commission Directive 2006/141/EC  (1) 
13.1.2   Follow -on formulae as defined by Directive 2006/141/EC  
13.1.3   Processed cereal -based foods and baby foods for infants and young children  as 
defined by Commission Directive 2006/125/EC  (2) 
13.1.4   Other foods for young children  
13.1.5   Dietary foods for infants and young children for special medical purposes as 
defined by Commission Directive 1999/21/EC  (3) and special formulae for 
infants  
13.1.5.1   Dietary foods for  infants for special medical purposes and special formulae for 
infants  
13.1.5.2   Dietary foods for babies and young children for special medical purposes as 
defined in Directive 1999/21/EC  
13.2  Dietary foods for special medical purposes defined in Directive 1999/21/EC 
(excluding products from food category 13.1.5)  
13.3  Dietary foods for weight control diets intended to replace total daily food intake 
or an individual meal (the whole or part of the total daily diet)  
13.4  Foods suitable for people  intolerant to gluten as defined by Commission 
Regulation (EC) No 41/2009  (4) 
14.  Beverages  
14.1  Non-alcoholic beverages  
14.1.1   Water, including natural mineral water as defined in Directive 2009/54/EC and 
spring water and all other bottled or packed waters  
14.1.2   Fruit juices as defined by Directive 2001/112/EC and vegetable juices  
14.1.3   Fruit nectars as defined by Directive 2001/112/EC and vegetable nectars and 
similar products  
14.1.4   Flavoured drinks  
14.1.5   Coffee, tea, herbal and fruit infusions, chicory; tea, herbal and fruit infusions 
and chicory extracts; tea, plant, fruit and cereal preparations for infusi ons, as  
EN 7  EN well as mixes and instant mixes of these products  
14.1.5.1   Coffee, coffee extracts  
14.1.5.2   Other  
14.2  Alcoholic beverages, including alcohol -free and low -alcohol counterparts  
14.2.1   Beer and malt beverages  
14.2.2   Wine and other products defined in  Part II  of Annex VII to Regulation (EU) No 
1308/2013  
14.2.3   Cider and perry  
14.2.4   Fruit wine and made wine  
14.2.5   Mead  
14.2.6   Spirit drinks as defined in Regulation (EU) 2019/787   
14.2.7   Aromatised wine products as defined by Regulation (EU) No 251/2014  
14.2.7.1   Aromatised wines  
14.2.7.2   Aromatised wine -based drinks  
14.2.7.3   Aromatised wine -product cocktails  
14.2.8   Other alcoholic beverages including mixtures of alcoholic beverages with non -
alcoholic beverages and other alcoholic beverages based on distilled alcohol 
with alcoholic strength by volume less than 15  %  
15.  Ready -to-eat savouries and snacks  
15.1  Potat o-, cereal -, flour - or starch -based snacks  
15.2  Processed nuts  
16.  Desserts excluding products covered in categories 1, 3 and 4  
17.  Food supplements as defined in Directive 2002/46/EC  
17.1  Food supplements supplied in a solid form, excluding food supplements for 
infants and young children  
17.2  Food supplements supplied in a liquid form, excluding food supplements for 
infants and young children  
18.  Processed foods not covered by categories 1 to 17, excluding foods for 
infants and young children ' 
(1)   OJ L 401, 30.12.2006, p. 1.   
EN 8  EN (2)   OJ L 339, 6.12.2006, p. 16.  
(3)   OJ L 91, 7.4.1999, p. 29.  
(4)   OJ L 16, 21.1.2009, p. 3. ’ 
(b) under Column 8 (footnotes) , the following footnote is added : 
‘(5) additional scientific data shall be submitted  in a timeframe agreed with the Commission 
Services , for the evaluation to be completed by the Authority . 
   
EN 9  EN  
(2) in Table 1 in Section 2,  entries 05.062, 05.099  and 05.100  are replaced by the following : 
‘05.062  2-Phenylcrotonaldehyde  4411 -89-6 1474  670   In category 1.4 – not more 
than 0.50 mg/kg  
In category 1.7 – not more 
than 1.40 mg/kg  
In category 1.8 – not more 
than 1.30 mg/kg  
In category 2.1, 2.2, 2.3 – not 
more than 1.60 mg/kg  
In category 3.0 – not more 
than 1.15 mg/kg  
In category 4.2 – not more 
than 0.05 mg/kg  
In category 4.2.2 – not more 
than 0.20 mg/kg  
In category 04.2.5 – not more 
than 0.30 mg/kg  
In category 5.1 – not more 
than 2.00 mg/kg  
In category 5.2 – not more 
than 2.00 mg/kg  
In category 5.3 – not more 
than 2.00 mg/kg  
In category 5.4 – not more 5 EFSA   
EN 10  EN than 1.10 mg/kg  
In category 6.3 – not more 
than 2.00 mg/kg  
In category 6.4 – not more 
than 0.04 mg/kg  
In category 6.6 – not more 
than 0.30 mg/kg  
In category 6.7 – not more 
than 0.60 mg/kg  
In category 7.1 – not more 
than 2.00 mg/kg  
In category 7.2 – not more 
than 2.00 mg/kg  
In category 8.2, 8.3 – not 
more than 0.80 mg/kg  
In category 9.2, 9.3  – not 
more than 0.50 mg/kg  
In category 10.2, – not m ore 
than 0.20 mg/kg  
In category 11.2 – not more 
than 1.5 mg/kg  
In category 12.2 – not more 
than 0.60 mg/kg  
In category 12. 3 – not more 
than 1.80 mg/ kg 
In category 12. 4 – not more  
EN 11  EN than 0.20 mg/ kg 
In category 12. 5 – not more 
than 0.40 mg/ kg 
In category 12. 6 – not more 
than 1.90 mg/ kg 
In category 12.7  – not more 
than 0.20 mg/kg  
In category 12. 9 – not more 
than 2.00 mg/ kg 
In category 1 3.2, 13.3, 13.4 – 
not more than 2.00 mg/ kg 
In category 1 4.1 – not more 
than 2.00 mg/ kg 
In category 1 4.2.1 – not more 
than 0.20 mg/ kg 
In category 1 4.2.2 – not more 
than 0.30 mg/ kg 
In category 1 4.2.5 – not more 
than 0.50 mg/ kg 
In category 1 4.2.6 – not more 
than 1.50 mg/ kg 
In category 15.0 – not more 
than 2.00 mg/ kg 
In category 16 – not more 
than 2.00 mg/kg  
In category 18.0 – not more  
EN 12  EN than 0.40 mg/ kg  
05.099  5-Methyl -2-phenylhex -2-
enal 21834 -92-4 1472  10365     In category 1 .4 – not more 
than 5.00 mg/kg  
In category 1.7 – not more 
than 3.20 mg/kg  
In category 1.8 – not more 
than 5.00 mg/kg  
In category 2.1, 2.2, 2.3 – not 
more than 5.00 mg/kg  
In category 3.0 – not more 
than 5.00 mg/kg  
In category 4.2 – not more 
than 1.10 mg/kg  
In category 4.2.2 – not more 
than 0.50 mg/kg  
In category 4.2.5 – not more 
than 2.70 mg/kg  
In category 5.1 – not more 
than 5.00 mg/kg  
In category 5.2 – not more 
than 5.00 mg/kg  
In category 5.3 – not more 
than 5.00 mg/kg  
In category 5.4 – not more 
than 5.00 mg/kg  5 EFSA   
EN 13  EN In category 6.3 – not more 
than 2.10 mg/kg  
In category 6.4 – not more 
than 0.30 mg/kg  
In category 6.6 – not more 
than 3.00 mg/kg  
In category 6.7 – not more 
than 0.06 mg/kg  
In category 7.1 – not more 
than 5.00 mg/kg  
In category 7.2 – not more 
than 5.00 mg/kg  
In category 8.2, 8.3 – not 
more than 0.20 mg/kg  
In category 9.2, 9.3  – not 
more than 5.00 mg/kg  
In category 10. 2 – not more 
than 0.50 mg/kg  
In category 11.1 – not more 
than 2.40 mg/kg  
In category 11.2 – not more 
than 5 mg/kg  
In category 11.4 – not more 
than 0.02 mg/kg  
In category 12.2 – not more 
than 5.00 mg/kg   
EN 14  EN In category 12. 3 – not more 
than 3.00 mg/ kg 
In category 12. 4 – not more 
than 5.00 mg/ kg 
In category 12. 5 – not more 
than 0.20 mg/ kg 
In category 12. 6 – not more 
than 1.60 mg/ kg 
In category 12.7 – not more 
than 0.60 mg/kg  
In category 12. 9 – not more 
than 5.00 mg/ kg 
In category 1 3.2, 13.3, 13.4 – 
not more than 1.10 mg/ kg 
In category 1 4.1 – not more 
than 5.00 mg/ kg 
In category 1 4.2.1 – not more 
than 1.25 mg/kg 
In category 1 4.2.2 – not more 
than 5.00 mg/kg 
In category 1 4.2.5 – not more 
than 5.00 mg/ kg 
In category 1 4.2.6 – not more 
than 5.00 mg/ kg 
In category 15.0 – not more 
than 5.00 mg/ kg  
EN 15  EN In category 16 – not more 
than 5.00 mg/kg  
In category 17 – not more 
than 5.00 mg/kg  
In category 18.0 – not more 
than 2.30 mg/ kg  
05.100  4-Methyl -2-phenylpent -2-
enal 26643 -91-4 1473  10366     In category 1 .4 – not more 
than 0.60 mg/kg 
In category 1.7 – not more 
than 5.00 mg/kg  
In category 1.8 – not more 
than 0.50 mg/kg  
In category 2.1, 2.2, 2.3 – not 
more than 5.00 mg/kg  
In category 3.0 – not more 
than 0.60 mg/kg  
In category 4.2 – not more 
than 0.09 mg/kg  
In category 4.2.2 – not more 
than 1.50 mg/kg  
In category 4.2.5 – not more 
than 0.20 mg/kg  
In category 5.1 – not more 
than 2.00 mg/kg  
In category 5.2 – not more 5 EFSA   
EN 16  EN than 5.00 mg/kg  
In category 5.3 – not more 
than 5.00 mg/kg  
In category 5.4 – not more 
than 5.00 mg/kg  
In category 6.3 – not more 
than 5.00 mg/kg  
In category 6.4 – not more 
than 1.50 mg/kg  
In category 6.6 – not more 
than 3.00 mg/kg  
In category 6.7 – not more 
than 0.20 mg/kg  
In category 7.1 – not more 
than 5.00 mg/kg  
In category 7.2 – not more 
than 5.00 mg/Kg  
In category 8.2, 8.3 – not 
more than 1.50 mg/kg  
In category 9.2, 9.3  – not 
more than 1.50 mg/kg  
In category 10.2  – not more 
than 1.50 mg/kg  
In category 11 .2 – not more 
than 0.10 mg/kg  
In category 12.2 – not more  
EN 17  EN than 0.90 mg/kg  
In category 12. 3 – not more 
than 1.50 mg/ kg 
In category 12. 4 – not more 
than 1.50 mg/ kg 
In category 12. 5 – not more 
than 0.80 mg/ kg 
In category 12. 6 – not more 
than 1.50 mg/ kg 
In category 12.7 – not more 
than 1.50 mg/kg  
In category 12. 9 – not more 
than 5.00 mg/ kg 
In category 1 3.2, 13.3, 13.4 – 
not more than 5.00 mg/ kg 
In category 1 4.2.1 – not more 
than 0.08 mg/kg 
In category 1 4.2.2 – not more 
than 0.08 mg/kg 
In category 1 4.2.5 – not more 
than 0.08 mg/kg 
In category 1 4.2.6 – not more 
than 0.08 mg/kg 
In category 15.0 – not more 
than 1.8 mg/kg 
In category 16 – not more  
EN 18  EN than 4.00 mg/kg  
In category 17 – not more 
than 0.60 mg/kg