COMMISSION REGULATION (EU) No 873/2012  
of 1 October 2012  
on transitional measures concerning the Union list of flavourings and source materials set out in 
Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council  
(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 1334/2008 of the 
European Parliament and of the Council of 16 December 
2008 on flavourings and certain food ingredients with 
flavouring properties for use in and on foods and amending 
Council Regulation (EEC) No 1601/91, Regulations (EC) No 
2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (  1 ), 
and in particular Article 25(3) thereof,  
Whereas:  
(1) Article 9 of Regulation (EC) No 1334/2008 lays down 
the type of flavourings and source materials for which an 
evaluation and approval is required.  
(2) Article 10 of Regulation (EC) No 1334/2008 provides 
that, of the flavourings and source materials referred to 
in Article 9, only those included in the Union list may be 
placed on the market as such and used in or on foods 
under the conditions of use specified therein, where 
applicable.  
(3) Article 30 of Regulation (EC) No 1334/2008 specifies 
that Article 10 is to apply from 18 months after the 
date of application of the Union list.  
(4) It is therefore appropriate to fix that date of application 
of the Union list for the purposes of third paragraph of 
Article 30 of Regulation (EC) No 1334/2008.  
(5) As a first step, a Union list of flavouring substances 
referred to in point (a) of Article 9 of Regulation (EC) 
No 1334/2008 has been established by Commission 
Regulation (EU) No 872/2012 (  2 ) by introducing the 
list of flavouring substances referred to in Regulation 
(EC) No 2232/96 of the European Parliament and of 
the Council (  3 ) into Annex I to Regulation (EC) No 
1334/2008 and by fixing the dates of application of 
that list.  (6) Pursuant to Regulation (EC) No 1334/2008 flavouring 
substances not included in the Union list may be 
placed on the market as such and used in or on food 
until 18 months after the date of application of the 
Union list. Since flavouring substances are already on 
the market in the Member States, provision should be 
made to ensure that the transition to a Union authori ­
sation procedure is smooth. To increase legal certainty, a 
transitional period should be provided also for food 
containing those flavouring substances.  
(7) As a second step, the flavourings and source materials 
referred to in Article 9(b) to (f) must be evaluated. The 
interested parties are to submit applications for updating 
the Union list by adding a substance to the list pursuant 
to Regulation (EC) No 1331/2008 and are to follow 
Commission Regulation (EU) No 234/2011 of 
10 March 2011 implementing Regulation (EC) No 
1331/2008 of the European Parliament and of the 
Council establishing a common authorisation procedure 
for food additives, food enzymes and food flavourings (  4 ) 
as to the data required and as to the content, drafting 
and presentation of the applications for authorisation of 
flavourings and source materials listed in Article 9(b) to 
(f) of Regulation (EC) No 1334/2008.  
(8) In accordance with the objectives of Regulation (EC) No 
1334/2008, in order to enhance legal certainty and non- 
discrimination it is appropriate to adopt transitional 
measures to allow the time for evaluation and authori ­
sation of those flavourings and source materials.  
(9) The date of application of Parts B to F of Annex I to 
Regulation (EC) No 1334/2008, concerning flavourings 
and source materials listed in Article 9(b) to (f) of that 
Regulation, should be postponed to allow the time for 
evaluation and authorisation of those flavourings and 
source materials.  
(10) The interested parties should submit applications for 
authorisations within a set time limit as regards 
flavourings and source materials listed in Article 9(b) to 
(f) of Regulation (EC) No 1334/2008 that are currently 
placed on the market.EN L 267/162 Official Journal of the European Union 2.10.2012  
( 1 ) OJ L 354, 31.12.2008, p. 34.  
( 2 ) See page 1 of this Official Journal.  
( 3 ) OJ L 299, 23.11.1996, p. 1.  (  4 ) OJ L 64, 11.3.2011, p. 15.(11) Pursuant to Regulation (EC) No 1334/2008 flavourings 
and source materials listed in Article 9(b) to (f) not 
included in the Union list may be placed on the 
market as such and used in or on food until 18 
months after the date of application of the Union list. 
Since flavourings and source materials listed in 
Article 9(b) to (f) of Regulation (EC) No 1334/2008 
are already on the market in the Member States, 
provision should be made to ensure that the transition 
to a Union authorisation procedure is smooth. To 
increase legal certainty, a transitional period should be 
provided also for food containing those flavourings and 
source materials.  
(12) Article 30 of Regulation (EC) No 1334/2008 specifies 
that Articles 26 and 28 of Regulation (EC) No 
1334/2008 concerning amendments to Council Regu ­
lation (EEC) No 1601/91 of 10 June 1991 laying 
down general rules on the definition, description and 
presentation of aromatised wines, aromatised wine- 
based drinks and aromatised wine-product cocktails (  5 ) 
and to Regulation (EC) No 110/2008 of the European 
Parliament and of the Council of 15 January 2008 on 
the definition, description, presentation, labelling and the 
protection of geographical indications of spirit drinks (  6 ) 
are to apply from the date of application of the Union 
list. It is therefore appropriate to fix that date of appli ­
cation for the purposes of the fourth paragraph of 
Article 30 of Regulation (EC) No 1334/2008.  
(13) The measures provided for in this Regulation are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health and 
neither the European Parliament nor the Council have 
opposed them,  
HAS ADOPTED THIS REGULATION:  
CHAPTER I  
FLAVOURING SUBSTANCES REFERRED TO IN ARTICLE 9(a) 
OF REGULATION (EC) No 1334/2008  
Article 1  
Transitional measures for food containing flavouring 
substances  
Foods containing flavouring substances, which are lawfully 
placed on the market or labelled prior to 22 October 2014 
but which do not comply with Part A of Annex I to Regulation 
(EC) No 1334/2008 may be marketed until their date of 
minimum durability or use-by-date.  CHAPTER II  
FLAVOURINGS AND SOURCE MATERIALS REFERRED TO IN 
ARTICLE 9(b) TO (f) OF REGULATION (EC) No 1334/2008  
Article 2  
Date of application of Parts B to F of the Union list of 
flavourings and source materials  
For the purposes of the third paragraph of Article 30 in 
conjunction with Article 10 of Regulation (EC) No 1334/2008, 
Parts B to F of the Union list of flavourings and source materials 
set out in Annex I to that Regulation, shall apply from 
22 October 2016.  
Article 3  
Time limit for submissions  
Interested parties shall submit applications for authorisation of 
flavourings and source materials referred to in Article 9(b) to (f) 
of Regulation (EC) No 1334/2008 placed on the market at the 
time of entry into force of this Regulation to the Commission 
in accordance with the Regulation (EC) No 1331/2008 at the 
latest by 22 October 2015.  
Article 4  
Transitional measure for food containing flavourings and 
source materials referred to in Article 9(b) to (f) of 
Regulation (EC) No 1334/2008  
Foods containing flavourings and source materials referred to in 
Article 9(b) to (f) of Regulation (EC) No 1334/2008 which are 
lawfully placed on the market or labelled prior to 22 April 
2018 but which do not comply with Parts B to F of Annex I 
to Regulation (EC) No 1334/2008, may be marketed until their 
date of minimum durability or use-by-date.  
CHAPTER III  
FINAL PROVISIONS  
Article 5  
Amendments to Regulations (EEC) No 1601/91 and (EC) 
No 110/2008  
For the purposes of the fourth paragraph of Article 30 of 
Regulation (EC) No 1334/2008, concerning amendments to 
Regulations (EEC) No 1601/91 and (EC) No 110/2008, the 
date of application of the Union list of flavourings and source 
materials shall be 22 April 2013.EN 2.10.2012 Official Journal of the European Union L 267/163  
( 5 ) OJ L 149, 14.6.1991, p. 1.  
( 6 ) OJ L 39, 13.2.2008, p. 16.Article 6  
Entry into force  
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 all Member States.  
Done at Brussels, 1 October 2012.  
For the Commission  
The President  
José Manuel BARROSOEN L 267/164 Official Journal of the European Union 2.10.2012