EN   EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/11746/2016 CIS 
(POOL/E2/2016/11746/11746-EN CIS.doc) […](2017) XXX  draft 
 
COMMISSION REGULATION (EU) …/… 
of XXX  
amending Annex I to Regulat ion (EC) No 1334/2008 of the Eu ropean 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) …/… 
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 Articles 11 (3) and 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 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 approved for use in and on foods and their conditions of use. 
(2) Commission Implementing Re gulation (EU) No 872/2012
3 adopted the list of 
flavouring substances and introduced that list  it in Part A of Annex I to Regulation 
(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) The Union list of flavourings and source mate rials contains a number of substances for 
which the European Food Safety Authority (the ‘Authority’) has requested additional 
scientific data to be provided for completion of the evaluation before specific deadlines established in Part A of Annex I to Regulation (EC) No 1334/2008.  
(5) In the case of the following three substa nces: p-mentha-1,4(8 )-dien-3-one (FL no. 
07.127), 2-aminoacetophenone (FL no. 11.008), and 4-acetyl-2,5-dimethylfuran-
                                                 
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 substances 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 and Commission 
Decision 1999/217/EC. OJ L 267, 2.10.2012, p. 1. EN 3  EN 3(2H)-one (FL no 13.175), the persons respon sible for placing them on the market 
have withdrawn the application. 
(6) Therefore, the substances p-mentha -1,4(8)-dien-3-one (FL no. 07.127), 2-
aminoacetophenone (FL no. 11.008), and 4-acetyl-2,5-dimethylfuran-3(2H)-one (FL no 13.175) should be removed from the Union list. 
(7) Part A of Annex I to Regulation (EC)  No 1334/2008 should therefore be amended 
accordingly. 
(8) Due to technical reasons, transitional peri ods should be laid dow n to cover food to 
which any of the three flavouring substances have been added, which has been placed on the market or dispatched from third count ries for the Union, before the entry into 
force of this Regulation  
(9) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on Plants, Animals, Food and Feed, 
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 
1. Foods to which any of the flavouring subs tances listed in the Annex to this 
Regulation have been added and were lawfu lly placed on the market before the date 
of entry into force of this Regulation ma y be marketed until their date of minimum 
durability or use by date. 
2. Foods imported into the Union to which one of  the flavouring substances listed in the 
Annex to this Regulation have been adde d may be marketed until their date of 
minimum durability or use by date where th e importer of such food can demonstrate 
that they were dispatched from the third country concerned and were en route to the 
Union before the date of entry into force of this Regulation. 
3. The transitional periods provide d in paragraphs 1 and 2 shall not apply to mixtures of 
flavourings. 
Article 3 
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  Jean-Claude JUNCKER