EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANCO/11106/2014 […](2014) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex I to Regulati on (EC) No 1334/2008 of the European Parliament and of 
the Council as regards removal from the Un ion list of the flavouring substance of N-
Ethyl (2E,6Z)-nonadienamide 
(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 the flavouring substance of N-
Ethyl (2E,6Z)-nonadienamide 
(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 adopts the list of 
flavouring substances and in troduces 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 has not completed the evaluation or it has 
requested additional scientific  data to be provided for completion of the evaluation. 
For one of those substances, namely N- Ethyl (2E,6Z)-nonadienamide, the persons 
responsible for placing this flavouring subs tance on the market have now withdrawn 
the application. Therefore, that flavouri ng substance should 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 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 (5) Part A of Annex I to Regulation (EC)  No 1334/2008 should therefore be amended 
accordingly. 
(6) Article 1 of Commission Regulation (EU) No 873/20124 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 N-Ethyl (2E,6Z)-n onadienamide in order to enable food 
business operators to adapt to the requ irements laid down in this Regulation. 
(7) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on the 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  
Foods containing the flavouri ng substance N-Ethyl (2E,6Z)-nonadienamide (FL No. 16.094) 
which are lawfully placed on the market or labell ed prior to 6 months af ter 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 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  Commission Regulation (E U) No 873/2012 of 1 October 2012 on transitional me asures concerning 
the Union list of flavourings and source materials set out in Annex I to Regulation (EC) No 
1334/2008 of the European Pa rliament and of the Council  (OJ L 267, 02.10.2012, p. 162).