. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/362 
10 December 2009 
 (09-6398) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Notifying Member:  EUROPEAN UNION
 
If applicable, name of local government involved:    
2. Agency responsible:  European Commission. Health & Consumers Directorate-General 
Directorate E – Safety of the food chain 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Beverages with more than 1,2 per cent by volume of alcohol and containing 
certain food colours (CN Code 2200) 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ ] All trading partners   
[X] Specific regions or countries:  EU member States and third countries exporting 
these products to the European Union.  
5. Title of the notified document:  "Draft Commission Regulation (EC) No ***of  *** 
amending  Annex V to Regulation (EC) No 13 33/2008 of the European Parliament and of 
the Council on food additives with regard to the labelling requirement for beverages with 
more than 1,2 per cent by volume of alcohol and containing certain food colours" 
Language:  English  Number of pages:  2 
http://members.wto.org/crnattach ments/2009/sps/EEC/09_4313_00_e.pdf  
6. Description of content:  Regulation (EC) No 1333/2008 on food additives requires that 
foods which contain one or more of col ours E110, E104, E122, E129, E102 and E124 
should bear an additional labelling indicating that these colours may have an adverse effect on activity and attention in children.  This pr ovision will apply from 20 July 2010.  There is 
also a requirement that the legislation is ke pt up to date in the light of scientific and 
technological developments.  
The colours listed in Annex V to Regulation (EC) No 1333/2008 are permitted to be used in 
certain alcoholic beverages.  Such produc ts, which contain more than 1,2 per cent by 
volume of alcohol are not intended to be cons umed by children, therefore the additional 
labelling provided for in Annex V of Regulation (EC) No 1333/2008 would not be necessary neither appropriate for these foods .  Annex V to Regulation (EC) No 1333/2008 
needs to be therefore amended to exempt these products from the additional information 
requirement. G/SPS/N/EEC/362 
Page 2  
 
  7. Objective and rationale:  [X] food safety, [ ] animal health, [ ] plant protection, 
[  ] protect humans from animal/plant pest or disease, [ ] protect territory from other 
damage from pests.    
8. Is there a relevant international stan dard?  If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text) GSFA Provisions for the relevant colours 
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[ ] None Does this proposed regulation conform to the relevant international standard?   
 [X] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:  European 
Commission Document SANCO/2009/10661 (available in English).  When adopted it will be published at the Official Journal available at:  http://eur-lex.europa.eu
. 
Further to Document SANCO/2009/10661 informa tion relevant to this proposal can be 
found on the website of DG Health and Consumers at: 
http://ec.europa.eu/food/food/chemicalsafety/additives/index_en.htm  
10. Proposed date of adoption (dd/mm/yy) :  Approximately February 2010 
Proposed date of publication (dd/mm/yy) :  June 2010 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  20 days after publication.  It shall apply from 20 July 2010. 
[ ] Trade facilitating measure   
12. Final date for comments:  [X] Sixty days  from the date of circulation of the 
notification and/or (dd/mm/yy) :  8 February 2010 
Agency or authority designated to handle comments:  [X] National Notification 
Authority, [X] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:  sps@ec.europa.eu 
13. Texts available from:  [X] National Notification Authority, [X] National Enquiry 
Point.  Address, fax number and e-mail address (if available) of other body:  
sps@ec.europa.eu