COMMISSION DECISION
of 26 February 2009
amending Decision 1999/217/EC as regards the register of flavouring substances used in or on
foodstuffs
(notified under document number C(2009) 1222)
(Text with EEA relevance)
(2009/163/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Regulation (EC) No 2232/96 of the European
Parliament and of the Council of 28 October 1996 laying downa Community procedure for flavouring substances used orintended for use in or on foodstuffs (
1), and in particular
Article 3(2) thereof,
Whereas:
(1) Regulation (EC) No 2232/96 lays down the procedure
for the establishment of rules in respect of flavouringsubstances used or intended to be used in foodstuffs.That Regulation provides for the adoption of a registerof flavouring substances (the register) following notifi­cation by the Member States of a list of the flavouringsubstances which may be used in or in on foodstuffs
marketed in their territory and on the basis of scrutiny
by the Commission of that notification.
(2) In addition, Regulation (EC) No 2232/96 provides for aprogramme of evaluation of the flavouring substancescontained in the register (the evaluation programme) inorder to check if those substances comply within thegeneral criteria for their use set out in the Annex tothat Regulation. Regulation (EC) No 2232/96 providesthat the persons responsible for placing the flavouringsubstances on the market are to forward data necessaryfor their evaluation to the Commission. That Regulationalso provides that following completion of the evaluationprogramme, the list of flavouring substances the use ofwhich is to be authorised to the exclusion of others, is tobe adopted.
(3) By Decision 1999/217/EC (2) the Commission adopted,
pursuant to Regulation (EC) No 2232/96, a register offlavouring substances used in or on foodstuffs.(4) Commission Regulation (EC) No 1565/2000 of 18 July2000 laying down the measures necessary for theadoption of an evaluation programme in application ofRegulation (EC) No 2232/96 of the European Parliamentand of the Council (
3), provides for certain information to
be submitted by the person responsible for placing
certain flavouring substances contained in the register
on the market in order to enable the evaluation of thesubstance to be carried out.
(5) For 148 substances no information has been submitted
nor has the Commission been informed about any
intention to still submit information. Therefore, thosesubstances cannot be evaluated in respect of theircompliance with the general criteria for the use offlavouring substances set out in Regulation (EC) No2232/96. Accordingly, it is appropriate to delete thosesubstances from the register.
(6) In application of Regulation (EC) No 2232/96 andCommission Recommendation 98/282/EC of 21 April1998 on the ways in which the Member States and thesignatory States to the Agreement on the EuropeanEconomic Area should protect intellectual property inconnection with the development and manufacture offlavouring substances referred to in Regulation (EC) No2232/96 of the European Parliament and of theCouncil (
4), for a number of substances, the notifying
Member States requested that they should be registeredin such a way as to protect the intellectual propertyrights of the manufacturer.
(7) Protection for those substances, listed in Part B of theregister, is limited to a maximum period of five yearsfollowing the date of receipt of the notification. Thatperiod has now expired for the four remainingsubstances which should consequently be transferred toPart A of the register.
(8) Decision 1999/217/EC should therefore be amendedaccordingly.
(9) The measures provided for in this Decision are inaccordance with the opinion of the StandingCommittee on the Food Chain and Animal Health,EN 27.2.2009 Official Journal of the European Union L 55/41
(1) OJ L 299, 23.11.1996, p. 1.
(2) OJ L 84, 27.3.1999, p. 1.(3) OJ L 180, 19.7.2000, p. 8.
(4) OJ L 127, 29.4.1998, p. 32.HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 1999/217/EC is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 26 February 2009.
For the Commission
Androulla VASSILIOU
Member of the CommissionEN L 55/42 Official Journal of the European Union 27.2.2009ANNEX
1. The first paragraph of the Annex to Decision 1999/217/EC, which reads as follows, should be deleted:
‘The register of chemically defined flavouring substances has been divided into two distinct parts. Part A lists the
substances according to their FL numbers. Part B lists those substances for which confidentiality has been requested by
a Member State in order to protect the intellectual property rights of the manufacturer. ’
2. Part A of the Annex to Decision 1999/217/EC is amended as follows:
(a) The rows set out in the table for the substances attributed with the following FL numbers are deleted:
01.025 01.062 01.068 01.069 01.071 01.072 01.073 01.074
01.075 01.076 02.053 02.068 02.118 02.129 02.130 02.15102.163 02.199 02.215 02.232 02.237 02.238 02.244 03.01803.021 04.060 04.071 04.081 04.083 05.054 05.133 05.13505.176 05.177 05.200 05.207 05.209 05.210 05.212 05.21305.214 05.215 06.060 06.068 06.099 06.108 06.113 07.14307.144 07.145 07.163 07.173 07.174 07.192 07.216 07.24107.245 07.246 07.252 08.110 08.111 08.126 08.128 09.31109.384 09.576 09.635 09.654 09.817 09.845 09.853 09.88109.887 09.896 09.903 09.914 10.041 10.046 10.065 10.07111.011 11.012 11.013 11.019 11.022 11.024 12.110 12.11512.186 12.245 12.246 12.247 12.248 12.250 12.260 12.26112.263 13.036 13.104 13.110 13.121 13.131 13.147 13.15613.158 13.159 13.164 13.181 13.187 14.090 14.151 14.15314.156 14.157 14.158 14.162 14.165 14.166 15.041 15.04615.053 15.059 15.065 15.073 15.075 15.095 15.100 15.10115.104 15.105 15.117 15.121 15.122 15.123 15.124 16.05016.064 16.065 16.066 16.067 16.068 16.069 16.070 16.07816.079 16.084 16.085 17.009
(b) The following rows are inserted in the table:
FL NoChemi­
cal
groupCAS Name Fema CoE Einecs FL No SynonymsSyste­
matic
nameCom­
ments
‘09.929 8 220621-22-7 L-Monomenthyl
glutarate4006 09.929
03.023 16 1608-72-6 1-Ethoxyethyl­
acetate4069 03.023
16.083 30 446-71-9 2-(4-Hydroxy-3-
methoxyphenyl)-
5,7-dihydroxy
chromanone16.083
07.250 5 3916-64-1 3,5-Heptadien-2-
one07.250 ’
3. Part B of the Annex to Decision 1999/217/EC is deleted.EN 27.2.2009 Official Journal of the European Union L 55/43