EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
SANTE/10350/2018 
(POOL/E2/2018/10350/10350 -EN.doc) 
D056134/03  
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) No 873/2012 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 as regards the extension of the 
transition period of Article 4 concerning the flavouring 'grill flavour concentrate 
(vegetable)' FL no. 21.002  
(Text with EEA relevance)    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) No 873/2012 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 as regards the extension of the 
transition period of Article 4 concerning the flavouring 'grill flavour concentrate 
(vegetable)' FL no. 21.002  
(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 (E EC) No 1601/91, 
Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13 /EC1, and in 
particular Article 25(3) thereof , 
Having regard  to Regulation (EC) No 1331/2008 of the European Parliament and of the 
Council of 16 December 2008 establishing a common authorisation procedure for food 
additives, food enzymes and food flavourings2, and in particular Article 7 (5) thereof,  
Whereas:  
(1) Regulation (EC) No 1334/2008 lays down a Union list of flavourings and source 
materials approved for use in and on foods and their conditions of use.  
(2) Commission Implementing Regulation (EU) No 872/20123 adopt ed the list of 
flavouring substances and introdu ced that list  in Part A of Annex I to Regulation (EC) 
No 1334/2008.   
(3) Implementing  Regulation (EU) No 872/2012 also introduced parts B ( 'Flavouring 
preparations '), C ('Thermal process flavourings'), D ('Flavour precursors'), E ('Other 
flavourings') and F (' Source materials') in Annex I to Regulation (EC) No 1334/2008 . 
Parts B to F of that Annex correspond to the categories of flavourings and source 
materials referred to in Article 9(b) to (f) of Regulation (EC) No 1334/2008. Parts B to 
F contain no entries.  
(4) Commission Regulation (EU) No 87 3/20124 laid down a number of transitional 
measures at the time of establishing the Union list of flavourings  for the first time . 
                                                 
1 OJ L 354, 31.12.2008, p. 34.  
2 OJ L 354, 31.12.2008, p. 1.  
3 Commission Implementing Regulation (EU) No 872/2012 of 1 October 2012 adopting the list of 
flavouring subs tances provided for by Regulation (EC) No 2232/96 of the European Parliament and of 
the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament 
and of the Council and repealing Commission Regulation (EC) No 1565/2000 a nd Commission 
Decision 1999/217/EC  (OJ L 267, 2.10.2012, p. 1 ).  
EN 2  EN (5) Regulation (EU) No 873/2012 laid down the deadline  of 22 October 2015 for the 
submission of  applications for flavourings and source materials referred to in Article 
9(b) to (f) of Regulation (EC) No 1334/2008 under Regulation (EC) No 1331/2008. It 
also laid down a transition al period for the foods to which these  flavourings  were 
added , pending the evaluation of the submitted applications by the European Food 
Safety Authority  (‘the Authority’) . 
(6) In accordance with Article 3 of Regulation (EU) No 873/2012 a n application for 
authorisation of the flavouring 'grill flavour concentrate (vegeta ble)' (FL no. 21.002) 
belonging to the category referred to in Article 9(e), 'other flavourings' , was submitted 
on 20 October  2015.  
(7) On 5 October 2017, the Authority  requested the applicant to submit additional 
scientific information and toxicological studi es by 5 August 2018. The applicant 
informed the Commission and the Authority that the requested studies are being 
carried out in order to submit t he requested information by the  deadline.  
(8) For reasons of legal certainty, in the absence of  a submission of t he requested 
information by the deadline set, Article 3 (4) of Regulation (EC) No 1331/2008  should 
be applied with a view to end ing the common procedure  for updating the Community 
list. 
(9) In accordance with the objectives of Regulation (EC) No 1334/2008 , in order to ensure 
legal certainty concerning the foods to which the flavouring 'grill flavour concentrate 
(vegetable)' (FL no. 21.002) is added until the evaluation by the Authority  is 
completed , it is appropriate to temporarily extend the transition al period established in 
Article 4 of Regulation (EU) No 873/2012 for this application.  
(10) 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  
1. In Article 4 of Regulation (E U) No 873/2012, a new paragraph 2  is added:  
"2. Foods containing the flavouring 'grill flavour concentrate (vegetable)' (FL no. 
21.002) belonging to the category 'other flavourings' which are lawfully placed 
on the  market or labelled prior to 22 April 2020 may be marketed until their 
date of minimum durability or use -by-date.  If the information requested by the 
European Food Safety Authority  is not provided by 5 August 2018, the 
application procedure  shall be brough t to an end in accordance with Article 
3(4) of Regulation (EC) No 1331/2008 ." 
2. The origi nal paragraph of Article 4 is numbered as paragraph 1.  
Article 2  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union.  
It shall be applicable from 23 April 2018.  
                                                                                                                                                         
4 Commission Regulation (EU) No 87 3/2012 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  (OJ L 267, 2.10.2012, p. 162).  
EN 3  EN This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER