EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANCO/12181/2014 CIS Rev. 1 
(POOL/E7/2014/12181/12181R1 -EN 
CIS.doc)  
[…](2015) XXX  draft  
  
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 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 Union list of certain flavouring substances  
(Text with EEA relevance)  
THE EUROPEAN COMMISSIO N, 
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 (EC) No 110/2008 and Directive 2000/131, and in 
particular Article s 11(3) and 25(3)  thereof,  
Having regard to Regulation (EC) No 1331/2008 of the Europ ean 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(4) thereof,  
Whereas:  
(1) Annex I to 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 introduce d 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 materials contains a number o f substances for 
which the European Food Safety Authority (EFSA) has not completed the evaluation 
or it has requested additional scientific data to be provided  for completion of the 
evaluation. For four of these substances , namely, vetiverol (FL No. 02.214), vetiveryl 
acetate (FL No. 09.821), 2-acetyl -1,4,5,6 -tetrahydropyridin (FL No. 14.079), and 2-
propionyl pyrroline 1% vegetable oil triglycerides (FL No. 14.168), the persons 
responsible for placing these flavouring substances on the market have now withdrawn 
                                                 
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 Commi ssion Regulation (EC) No 1565/2000 and Commission 
Decision 1999/217/EC . OJ L 267, 2.10.2012, p. 1 .  
EN 3   EN the application. Therefore, these flavouring substances should be removed from the 
Union list.   
(5) With regard to substance m ethyl -2-mercaptopropionate  (FL N o. 12.266 ), the person 
responsible for pla cing it on the market ha s indicated that it no longer supports  its use . 
Therefore, this flavouring substance should be removed from the Union list.  
(6) Part A of Annex I to Regulation (EC) No 1334/2008 should therefore  be amended 
accordingly.  
(7) Article 1 of Commission Regulation (EU) No 873/20124 laid down transitional 
measures for food containing flavouring substances which were lawfully placed on the 
market or labelled prior to 22 October 2014  in order to ensure a smoot h transition in 
the market . An equivalent additional transitional period should be provided for food 
containing those five substances in order to enable food business operators to adapt to 
the requirements laid down in this Regulation.   
(8) The measures provid ed 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  
Part A of Annex I to Regulation (EC) No 1334/2008 is amended in accordance with the 
Annex to th is Regulation.  
Article 2  
Foods containing the flavouring substance s vetiverol (FL No. 02.214), vetiveryl acetate (FL 
No. 09.821) , m ethyl -2-mercaptopropionate  (FL No. 12.266 ), 2-acetyl -1,4,5,6 -
tetrahydropyridin (FL No. 14.079), and 2-propionyl pyrroline 1% vegetable oil triglycerides 
(FL No. 14.168) , which are lawfully placed on the market or labelled prior to 6 months after 
the date of entry into force of this Regulation  but which do not comply with Part A of Annex I 
to Regulation No 1334/2008 may be market ed until their date of minimum durability or use 
by date.  
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 entiret y and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER  
                                                 
4 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. OJ  L 267, 2.10.2012, p. 162.