EN    EN  
 EUROPEAN 
COMMISSION  
Brussels, XXX   
DG SANCO/11293/2013 
[…](2013) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of 
the Council as regards removal from the Union list of certain flavouring substances 
(Text with EEA relevance) 
 EN 2   EN COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of 
the Council as regards removal from the Un ion list of certain flavouring substances 
(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 (EC) No 1601/91, 
Regulations (EC) No 2232/96 and (E C) No 110/2008 and Directive 2000/13
1, and in 
particular Article 11(3) thereof, 
Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the 
Council of 16 December 2008 establishing a co mmon authorisation procedure for food 
additives, food enzymes and food flavourings2, and in particular Article 7(4) thereof, 
Whereas: (1) Annex I to Regulation (EC) No 1334/2008 lays down a Uni on list of flavourings and 
source materials for use in food and their conditions of use. 
(2) Commission Implementing Regulation (EU) No 872/2012 of 1 October 2012
3 has 
adopted the list of flavouring substances a nd has introduced that list in Part A of 
Annex I to Regulati on (EC) No 1334/2008. 
(3) That list may be updated in accordance with the common procedure referred to in 
Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the 
Commission or following an application submitted by a Member State or by an interested party. 
(4) Part A of the Union list contai ns a number of substances for which the European Food 
Safety Authority has not completed the evaluation or it has requested additional 
scientific data to be provided for comp letion of the evaluation. For 19 of those 
substances, the persons responsible for placing the flavouring substances on the 
market have now withdrawn th eir applications. Therefore, those flavouring substances 
should be removed from the Union list.  
(5) Part A of Annex I to Regulation (EC)  No 1334/2008 should therefore be amended 
accordingly. 
(6) Pursuant to Article 30 of Regulation (E C) No 1334/2008 flavouring substances not 
included in the Union list may be placed on th e market as such and used in or on food 
until 22 October 2014. Since flavouring substa nces are already on the market in the 
                                                
 
1 OJ L 354, 31.12.2008, p. 34.  
2 OJ L 354, 31.12.2008, p. 1. 
3 OJ L 267, 2.10.2012, p. 1. EN 3   EN Member States and in order to ensure sm ooth transition to a Union authorisation 
procedure, transitional measures have been laid down for food containing those 
substances in Commission Regulati on (EU) No 873/2012 of 1 October 2012 on 
transitional measures concerning the Union lis t of flavourings and source materials set 
out in Annex I to Regulation (EC) No 1334/ 2008 of the European Parliament and of 
the Council4. 
(7) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on Food Chain and Animal Health, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Part A of Annex I to Regula tion (EC) No 1334/2008 is ame nded in accordance with the 
Annex to this Regulation. 
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 . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President  José Manuel BARROSO 
 
                                                
 
4 OJ L 267, 2.10.2012, p. 162.  
EN 4   EN ANNEX  
In Part A of Annex I to Regulation (EC) No 1334/2008, the following entries are deleted: 
" 
01.015 Vinylbenzene 100-42-5  11022     1 EFSA 
02.122 p-Mentha-1,8(10)-dien-9-ol 3269-90-7        2 EFSA 
09.809 p-Mentha-1,8(10)-dien-9-yl acetate  15111-97-4  10743     2 EFSA 
12.114 Diethyl trisulfide 3600-24-6 1701 11451     4 EFSA 
12.120 2,8-Epithio-p-menthane 68398-18-5 1685       4 EFSA 
12.159 Methyl methanethiosulfonate 2949-92-0  11520     3 EFSA 
12.256 Ethyl propyl trisulfide 31499-70-4 1695    4 EFSA 
12.272 Propyl propanethiosulfonate 1113-13-9 1702       3 EFSA 
13.029 2,5-Dimethylfuran 625-86-5 1488 2208     3 EFSA 
13.030 2-Methylfuran 534-22-5 1487 2209     3 EFSA 
13.092 2-Ethylfuran 3208-16-0 1489 11706     3 EFSA 
14.145 Pyrrole-2-carbaldehyde 1003-29-8  11393     4 EFSA 
14.163 1-Methylpyrrole-2-carboxaldehyde 1192-58-1        4 EFSA 
14.169 1-Ethyl-2-pyrrolecarbo xaldehyde 2167-14-8        4 EFSA 
15.064 2,5-Dimethylthiophene 638-02-8        4 EFSA  
EN 5   EN 15.072 2-Ethylthiophene 872-55-9  11614     4 EFSA 
15.091 2-Methylthiophene 554-14-3  11631     4 EFSA 
15.092 3-Methylthiophene 616-44-4  11632     4 EFSA 
16.124 (1R,2S,5R)-N-cyclopropyl-5-methyl-2-
isopropyl cyclohexanecarboxamide 73435-61-7     1 EFSA 
"