EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANCO/11995/2014 […](2014) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex I to Regulation (EC) No 1 334/2008 of the European Parliament and of 
the Council as regards removal  from the Union List   
(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 Unio n 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 la ys 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 of 1st October 2012 
adopted the list of flavouri ng substances and introduced it in Annex I Part A 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 ('EFSA') has requested additional scientific 
data to be provided for completion of th e evaluation before specific deadlines 
established in the Annex I Part A to the Regulation.  
5. In the case of the five following substa nces: 1-methylnaphthalene [FL No. 01.014], 
furfuryl methyl ether [FL N o. 13.052],  difurfuryl sulphide  [FL No. 13.056], difurfuryl 
ether [FL No. 13.061] and ethyl furfuryl et her [FL No. 13.123], th e deadline of 31 
December 2013 was established in the Union list for the submission of requested additional scientific data. 
6. Where the necessary information is not pr ovided by the time requested, the flavouring 
substance in question will be removed from the Union List. 
                                                
 
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 7. Additional scientific data following specific EFSA Opinions4 relating to these 
substances have not been submitted as of  30 June 2014. Therefore, these flavouring 
substances should be removed from the Union list. 
8. Regulation (EC) No 1334/2008 should therefore be amended accordingly. 
9. Article 1 of Commission Regulation (EU) No 873/20125 lays down transitional 
measures for food containing flavouring subs tances which are lawfully placed on the 
market or labelled prior to 22 October 2014. Those transitional measures may not be sufficient for foods containing flavouring s ubstances to be removed from the Union 
list after 22 October 2014. Therefore, an additional transitional period should be provided for food containing the five flavourin g substances in order to enable food 
business operators to adapt to the requ irements laid down in this Regulation. 
10. 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 
Foods containing the five flavour ing substances mentioned in the Annex to this Regulation 
which are lawfully placed on the ma rket or labelled prior to 9 m onths after the entry into force 
of this Regulation which do not comply with Part A of Annex I to Regulation No 1334/2008 
may be marketed 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 entirety and directly applicable in all Member States. 
 
Done at Brussels,  
 For the Commission 
 The President 
 José Manuel BARROSO 
                                                
 
4 Scientific Opinion on Flavouring Group Evaluation 78 (FGE.78),  The EFSA Journal (2009) 931, 1-59;  
Scientific Opinion on Flavouring Group Evaluation 67, Revision 1 (FGE.67Rev.1), EFSA Journal 
2011; 9(10):2315;  Scientific Opinion on Flavouring Group Evaluation 65 (FGE.65), EFSA Journal 2010; 8(7):1406 
 
5  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, 02.10.2012, p. 162 . EN 4   EN