EN    EN EN 
(SANCO/2009/10661)  
EN 1   EN Draft 
COMMISSION REGULATION (EC) No …/.. 
of […] 
amending  Annex V to Regulation (EC) No 1333/2008 of the European Parliament and 
of the Council on food additives with regard to the labelling requirement for beverages 
with more than 1,2 % by volume of alcoho l and containing certain food colours 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the 
Council of 16 December 2008 on food additives1, and in particular Article 24 thereof, 
Whereas: (1) Annex V of Regulation (EC) No 1333/2008 pr ovides for a list of food colours, 
referred to in Article 24 of that Regulat ion, for which the labe lling of foods shall 
include the additional information that thes e colours may have an adverse effect on 
activity and attention in children. 
(2) The additional information concerns the possi ble adverse effect of the relevant colours 
on children. Some exceptions from labelli ng are already provided for in Annex V of 
Regulation (EC) No 1333/2008 notably for foods  where the colour(s) has been used 
for the purposes of health or other mark ing on meat products or for stamping or 
decorative colouring on eggshells. 
(3) The colours listed in Annex V of Regula tion (EC) No 1333/2008 are permitted to be 
used in certain alcoholic beverages and dri nks, such as aromatised wines, aromatised 
wine-based drinks and aromatised wine-produ ct cocktails, fruit wines, cider, perry and 
certain spirituous beverages Such products , which contain more than 1,2 % by volume 
of alcohol, are not intended to be consumed by childre n, therefore the additional 
labelling provided for in Annex V of Regulation (EC) No 1333/2008 would not be 
necessary neither approp riate for these foods. 
(4) Annex V of Regulation (EC) No 1333/ 2008 should, therefore, be amended 
accordingly, with the procedure referred  to in Article 24 of that Regulation. 
(5) 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, 
                                                
 
1 OJ L 354, 31.12.2008, p. 16.  
EN 2   EN HAS ADOPTED THIS REGULATION: 
Article 1 
Annex V to  Regulation (EC) No 1333/2008 sh all be amended as follows: 
The note "(*) With the exception of foods where the colour(s) has been used for the purposes 
of health or other marking on meat products or for stamping or deco rative colouring on 
eggshells" is replaced by the note: 
"(*) With the exception of i) foods where the colour(s) has been used for the purposes of 
health or other marking on meat products or for stamping or decorativ e colouring on eggshells 
and ii) beverages containing more th an 1,2 % by volume of alcohol. " 
Article 2 
This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 20 July 2010. This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
 For the Commission 
 […] 
 Member of the Commission 
EN 3   EN