G/SPS/N/EU/761  
3 May 2024  
(24-3568 ) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved:   
2. Agency responsible:  European Commission, Health and Food Safety Directorate -General  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Food products  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Draft Commission Regulation (EU) amending Annex I to 
Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards 
the removal of the flavouring subst ance Benzene -1,2-diol (FL No. 04.029) from the Union 
list (Text with EEA relevance) . Language(s):  English . Number of pages:  6 
https://members.wto.org/crnattachments/2024/SPS/EEC/24_02949_00_e.pdf  
https://members.wto.org/crnattachments/2024/SPS/EEC/24_02949_01_e.pdf  
6. Description of content:  The text removes the flavour ing substance Benzene -1,2-diol 
(FL No. 04.029) from the Union list of flavourings and source materials approved for use in 
and on foods.  
The European Food Safety Authority (EFSA), on 28 September 2023, adopted opinions on 
the renewal of the authorizations for Zesti Smoke code 10 (SF ‐002), Smoke Concentrate 
809045 (SF ‐003), SmokEz C ‐10 (SF‐005) and SmokEz Enviro ‐23 (SF‐006) as smoke 
flavouring primary products. The Authority concluded that these smoke flavouring primary 
products contain Benzene -1,2-diol (FL No. 04.029) for which a concern for genotoxicity 
has been identified in vivo upon oral administration. For this reason, it is appropriate to 
remove Benzene -1,2-diol (FL No. 04.029) from the Union list of flavourings.  
In order to allow for a smooth transiti on, the text lays down that foods, including foods 
imported into the Union, to which Benzene -1,2-diol (FL No. 04.029) has been added and 
which were lawfully placed on the market or dispatched from the third country before the 
entry into force of the draft Regulation may continue to be marketed until their date of 
minimum durability or use -by date.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory  from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  G/SPS/N/EU/761  
 
- 2 - 
 
  [ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international st andard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
WTO SPS notification G/SPS/N/EU/760.  
10. Proposed date of adoption (dd/mm/yy) : Foreseen in June 2024.  
Proposed date of publication (dd/mm/yy) : Foreseen in June 2024.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : 20 days after publication in th e Official Journal of the European Union.  
[ ] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 2 July 2024  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(32 2) 29 54263  
E-mail: sps@ec.europa.eu  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(32 2) 29 54263  
E-mail: sps@ec.europa.eu