# L_2022231EN.01003201.xml

| 6.9.2022 | EN | Official Journal of the European Union | L 231/32 |
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6.9.2022

EN

Official Journal of the European Union

L 231/32

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COMMISSION REGULATION (EU) 2022/1466

of 5 September 2022

amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the removal of certain flavouring substances from the Union list

(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 (EC) No 110/2008 and Directive 2000/13 (1), and in particular Article 11(3) thereof,

Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2), and in particular Article 7(4) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 1334/2008 lays down a Union list of flavourings and source materials approved for use in and on foods and their conditions of use. |
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(1)

Annex I to Regulation (EC) No 1334/2008 lays down a Union list of flavourings and source materials approved for use in and on foods and their conditions of use.

| (2) | By Commission Implementing Regulation (EU) No 872/2012 (3) the list of flavouring substances was adopted and introduced in Part A of Annex I to Regulation (EC) No 1334/2008. |
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(2)

By Commission Implementing Regulation (EU) No 872/2012 (3) the list of flavouring substances was adopted and introduced in Part A of Annex I 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. |
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(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 materials laid down in Annex I to Regulation (EC) No 1334/2008 contains, among others, a number of flavouring substances for which, at the time of adoption of the list by Regulation (EU) No 872/2012, the European Food Safety Authority (‘the Authority’) had not been able to rule out a safety risk to the health of the consumer on the basis of the data available and had, therefore, considered that additional data was necessary to complete their evaluation. Those substances were included in the Union list of flavouring substances but on the condition that safety data addressing the concerns expressed by the Authority was submitted before the expiry of specific deadlines established in Part A of Annex I to Regulation (EC) No 1334/2008. However, the operators responsible for placing the following substances on the market as flavouring substances did not submit the required data and withdrew their respective applications: 1-(4-Methoxyphenyl)pent-1-en-3-one (FL No 07.030); Vanillylidene acetone (FL No 07.046); 1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one (FL No 07.049); 4-(2,3,6-Trimethylphenyl)but-3-en-2-one (FL No 07.206); 6-Methyl-3-hepten-2-one (FL No 07.258); 5,6-Dihydro-3,6-dimethyl-benzofuran-2(4H)-one (FL No 10.034); 5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one (FL No 10.036); 3,4-Dimethyl-5-pentylidene-furan-2(5H)-one (FL No 10.042); 2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone (FL No 10.043); Hex-2-eno-1,4-lactone (FL No 10.046); Non-2-eno-1,4-lactone (FL No 10.054); 2-Decen-1,4-lactone (FL No 10.060); 5-Pentyl-3H-furan-2-one (FL No 10.170); Allyl 2-furoate (FL No 13.004); 3-(2-furyl)acrylaldehyde (FL No 13.034); Furfurylidene-2-butanal (FL No 13.043); 4-(2-Furyl)but-3-en-2-one (FL No 13.044); 3-(2-Furyl)-2-methylprop-2-enal (FL No 13.046); 3-Acetyl-2,5-dimethylfuran (FL No 13.066); 2-Butylfuran (FL No 13.103), 3-(2-Furyl)-2-phenylprop-2-enal (FL No 13.137) and 3-(5-Methyl-2-furyl)prop-2-enal (FL No 13.150). |
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(4)

The Union list of flavourings and source materials laid down in Annex I to Regulation (EC) No 1334/2008 contains, among others, a number of flavouring substances for which, at the time of adoption of the list by Regulation (EU) No 872/2012, the European Food Safety Authority (‘the Authority’) had not been able to rule out a safety risk to the health of the consumer on the basis of the data available and had, therefore, considered that additional data was necessary to complete their evaluation. Those substances were included in the Union list of flavouring substances but on the condition that safety data addressing the concerns expressed by the Authority was submitted before the expiry of specific deadlines established in Part A of Annex I to Regulation (EC) No 1334/2008. However, the operators responsible for placing the following substances on the market as flavouring substances did not submit the required data and withdrew their respective applications: 1-(4-Methoxyphenyl)pent-1-en-3-one (FL No 07.030); Vanillylidene acetone (FL No 07.046); 1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one (FL No 07.049); 4-(2,3,6-Trimethylphenyl)but-3-en-2-one (FL No 07.206); 6-Methyl-3-hepten-2-one (FL No 07.258); 5,6-Dihydro-3,6-dimethyl-benzofuran-2(4H)-one (FL No 10.034); 5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one (FL No 10.036); 3,4-Dimethyl-5-pentylidene-furan-2(5H)-one (FL No 10.042); 2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone (FL No 10.043); Hex-2-eno-1,4-lactone (FL No 10.046); Non-2-eno-1,4-lactone (FL No 10.054); 2-Decen-1,4-lactone (FL No 10.060); 5-Pentyl-3H-furan-2-one (FL No 10.170); Allyl 2-furoate (FL No 13.004); 3-(2-furyl)acrylaldehyde (FL No 13.034); Furfurylidene-2-butanal (FL No 13.043); 4-(2-Furyl)but-3-en-2-one (FL No 13.044); 3-(2-Furyl)-2-methylprop-2-enal (FL No 13.046); 3-Acetyl-2,5-dimethylfuran (FL No 13.066); 2-Butylfuran (FL No 13.103), 3-(2-Furyl)-2-phenylprop-2-enal (FL No 13.137) and 3-(5-Methyl-2-furyl)prop-2-enal (FL No 13.150).

| (5) | Those substances should therefore be removed from the Union list of flavouring substances. |
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(5)

Those substances should therefore be removed from the Union list of flavouring substances.

| (6) | Regulation (EC) No 1334/2008 should therefore be amended accordingly. |
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(6)

Regulation (EC) No 1334/2008 should therefore be amended accordingly.

| (7) | Foods to which any of the substances concerned have been added and which have been placed on the market in the Union or which have been dispatched from third countries and were in transit to the Union before the entry into force of this Regulation should be allowed to be marketed in the Union until their date of minimum durability or use-by date. This transitional measure should not apply to preparations to which any of the substances concerned has been added and which are not intended to be consumed as such, as the manufacturers of food products that use those preparations as ingredients, know their composition when they use them. |
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(7)

Foods to which any of the substances concerned have been added and which have been placed on the market in the Union or which have been dispatched from third countries and were in transit to the Union before the entry into force of this Regulation should be allowed to be marketed in the Union until their date of minimum durability or use-by date. This transitional measure should not apply to preparations to which any of the substances concerned has been added and which are not intended to be consumed as such, as the manufacturers of food products that use those preparations as ingredients, know their composition when they use them.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1334/2008

Annex I to Regulation (EC) No 1334/2008 is amended in accordance with the Annex to this Regulation.

Article 2

Transitional measures

1.   Foods to which any of the flavouring substances listed in the Annex to this Regulation has been added and which were lawfully placed on the market before the entry into force of this Regulation may continue to be marketed until their date of minimum durability or use-by date.

2.   Foods imported into the Union to which any of the flavouring substances listed in the Annex to this Regulation has been added may be marketed until their date of minimum durability or use-by date, if the importer of such food can demonstrate that they were dispatched from the third country concerned and were in transit to the Union before the entry into force of this Regulation.

3.   The transitional measures provided for in paragraphs 1 and 2 shall not apply to preparations, not intended to be consumed as such, to which any of the flavouring substances listed in the Annex to this Regulation has been added.

4.   For the purposes of this Regulation, preparations shall be understood as mixtures of one or more flavourings to which other food ingredients such as food additives, enzymes or carriers may be also incorporated to facilitate their storage, sale, standardisation, dilution or dissolution.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in the Member States.

Done at Brussels, 5 September 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 354, 31.12.2008, p. 34.

1

(2)  
  OJ L 354, 31.12.2008, p. 1.

2

(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).

3

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ANNEX

In Part A of Annex I to Regulation (EC) No 1334/2008, the following entries are deleted:

| ‘07.030 | 1-(4-Methoxyphenyl)pent-1-en-3-one | 104-27-8 | 826 | 164 | | | 2 | EFSA |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 07.046 | Vanillylidene acetone | 1080-12-2 | 732 | 691 | | | 2 | EFSA |
| 07.049 | 1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one | 103-13-9 | 829 | 719 | | | 2 | EFSA |
| 07.206 | 4-(2,3,6-Trimethylphenyl)but-3-en-2-one | 56681-06-2 | | | | | 2 | EFSA |
| 07.258 | 6-Methyl-3-hepten-2-one | 2009-74-7 | | | | | 1 | EFSA |
| 10.034 | 5,6-Dihydro-3,6-dimethyl-benzofuran-2(4H)-one | 80417-97-6 | 1163 | | | | 2 | EFSA |
| 10.036 | 5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one | 13341-72-5 | 1162 | | | | 2 | EFSA |
| 10.042 | 3,4-Dimethyl-5-pentylidene-furan-2(5H)-one | 774-64-1 | | 11873 | At least 93 %; secondary component 1-2 % 3,4-dimethyl 5-ketobutanoic acid gamma-lactone | | 2 | EFSA |
| 10.043 | 2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone | 78548-56-8 | | | | | 2 | EFSA |
| 10.046 | Hex-2-eno-1,4-lactone | 2407-43-4 | | | | | 2 | EFSA |
| 10.054 | Non-2-eno-1,4-lactone | 21963-26-8 | | | | | 2 | EFSA |
| 10.060 | 2-Decen-1,4-lactone | 2518-53-8 | | | | | 2 | EFSA |
| 10.170 | 5-Pentyl-3H-furan-2-one | 51352-68-2 | 1989 | | Mixture of 3H- and 5H-isomers (2:1) | | 2 | EFSA |
| 13.004 | Allyl 2-furoate | 4208-49-5 | 21 | 360 | | | 2 | EFSA |
| 13.034 | 3-(2-furyl)acrylaldehyde | 623-30-3 | 1497 | | | | 1 | EFSA |
| 13.043 | Furfurylidene-2-butanal | 770-27-4 | 1501 | 11885 | | | 1 | EFSA |
| 13.044 | 4-(2-Furyl)but-3-en-2-one | 623-15-4 | 1511 | 11838 | | | 1 | EFSA |
| 13.046 | 3-(2-Furyl)-2-methylprop-2- enal | 874-66-8 | 1498 | 11878 | | | 1 | EFSA |
| 13.066 | 3-Acetyl-2,5-dimethylfuran | 10599-70-9 | 1506 | 10921 | | | 4 | EFSA |
| 13.103 | 2-Butylfuran | 4466-24-4 | 1490 | 10927 | | | 3 | EFSA |
| 13.137 | 3-(2-F uryl)-2-phenylprop-2- enal | 65545-81-5 | 1502 | 11928 | | | 1 | EFSA |
| 13.150 | 3-(5-Methyl-2-furyl)prop-2-enal | 5555-90-8 | 1499 | | | | 1 | EFSA’ |

‘07.030

1-(4-Methoxyphenyl)pent-1-en-3-one

104-27-8

826

164

2

EFSA

07.046

Vanillylidene acetone

1080-12-2

732

691

2

EFSA

07.049

1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one

103-13-9

829

719

2

EFSA

07.206

4-(2,3,6-Trimethylphenyl)but-3-en-2-one

56681-06-2

2

EFSA

07.258

6-Methyl-3-hepten-2-one

2009-74-7

1

EFSA

10.034

5,6-Dihydro-3,6-dimethyl-benzofuran-2(4H)-one

80417-97-6

1163

2

EFSA

10.036

5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one

13341-72-5

1162

2

EFSA

10.042

3,4-Dimethyl-5-pentylidene-furan-2(5H)-one

774-64-1

11873

At least 93 %; secondary component 1-2 % 3,4-dimethyl 5-ketobutanoic acid gamma-lactone

2

EFSA

10.043

2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone

78548-56-8

2

EFSA

10.046

Hex-2-eno-1,4-lactone

2407-43-4

2

EFSA

10.054

Non-2-eno-1,4-lactone

21963-26-8

2

EFSA

10.060

2-Decen-1,4-lactone

2518-53-8

2

EFSA

10.170

5-Pentyl-3H-furan-2-one

51352-68-2

1989

Mixture of 3H- and 5H-isomers (2:1)

2

EFSA

13.004

Allyl 2-furoate

4208-49-5

21

360

2

EFSA

13.034

3-(2-furyl)acrylaldehyde

623-30-3

1497

1

EFSA

13.043

Furfurylidene-2-butanal

770-27-4

1501

11885

1

EFSA

13.044

4-(2-Furyl)but-3-en-2-one

623-15-4

1511

11838

1

EFSA

13.046

3-(2-Furyl)-2-methylprop-2- enal

874-66-8

1498

11878

1

EFSA

13.066

3-Acetyl-2,5-dimethylfuran

10599-70-9

1506

10921

4

EFSA

13.103

2-Butylfuran

4466-24-4

1490

10927

3

EFSA

13.137

3-(2-F uryl)-2-phenylprop-2- enal

65545-81-5

1502

11928

1

EFSA

13.150

3-(5-Methyl-2-furyl)prop-2-enal

5555-90-8

1499

1

EFSA’

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