# Official Journal L 61/2016

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 61 |
| | |
| English edition | Legislation | Volume 598 March 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 61

English edition

Legislation

Volume 598 March 2016

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2016/324 of 7 March 2016 amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives permitted in all categories of foods (
  1
  ) | 1 |
| | | Commission Implementing Regulation (EU) 2016/325 of 7 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2016/324 of 7 March 2016 amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives permitted in all categories of foods (
  1
  )

1

1

Commission Implementing Regulation (EU) 2016/325 of 7 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

| | |
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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 8.3.2016 | EN | Official Journal of the European Union | L 61/1 |
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8.3.2016

EN

Official Journal of the European Union

L 61/1

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COMMISSION REGULATION (EU) 2016/324

of 7 March 2016

amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives permitted in all categories of foods

(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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 10(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(5) thereof,

Whereas:

| (1) | Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. |
| --- | --- |

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

| (2) | 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. |
| --- | --- |

(2)

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.

| (3) | The Union list of food additives was established based on the food additives permitted for use in foods in accordance with Directives of the European Parliament and of the Council 94/35/EC (3), 94/36/EC (4) and 95/2/EC (5) and after reviewing their compliance with Articles 6, 7, 8 and 16 of Regulation (EC) No 1333/2008. The Union list includes food additives on the basis of the categories of food to which those additives may be added to. |
| --- | --- |

(3)

The Union list of food additives was established based on the food additives permitted for use in foods in accordance with Directives of the European Parliament and of the Council 94/35/EC (3), 94/36/EC (4) and 95/2/EC (5) and after reviewing their compliance with Articles 6, 7, 8 and 16 of Regulation (EC) No 1333/2008. The Union list includes food additives on the basis of the categories of food to which those additives may be added to.

| (4) | Due to the difficulties encountered during the transfer of food additives to the new categorisation system provided in Annex II to Regulation (EC) No 1333/2008, foods for infants and young children were not transferred from Article 2(3)(b) of Directive 95/2/EC to Table 1 of Part A of Annex II to Regulation (EC) No 1333/2008. It should be ensured that the carry-over principle does not apply to those foods. Therefore, that table should be corrected to include foods for infants and young children provided in Directive 2009/39/EC of the European Parliament and of the Council (6), as replaced by Regulation (EU) No 609/2013 of the European Parliament and the Council (7). |
| --- | --- |

(4)

Due to the difficulties encountered during the transfer of food additives to the new categorisation system provided in Annex II to Regulation (EC) No 1333/2008, foods for infants and young children were not transferred from Article 2(3)(b) of Directive 95/2/EC to Table 1 of Part A of Annex II to Regulation (EC) No 1333/2008. It should be ensured that the carry-over principle does not apply to those foods. Therefore, that table should be corrected to include foods for infants and young children provided in Directive 2009/39/EC of the European Parliament and of the Council (6), as replaced by Regulation (EU) No 609/2013 of the European Parliament and the Council (7).

| (5) | In view of Article 16 on the use of food additives in foods for infants and young children of Regulation (EC) No 1333/2008, it is important to clarify the conditions of use of the food additives listed in food category 0. ‘Food additives permitted in all categories of foods’ of part E of Annex II to that Regulation and to amend the title of that category. |
| --- | --- |

(5)

In view of Article 16 on the use of food additives in foods for infants and young children of Regulation (EC) No 1333/2008, it is important to clarify the conditions of use of the food additives listed in food category 0. ‘Food additives permitted in all categories of foods’ of part E of Annex II to that Regulation and to amend the title of that category.

| (6) | Therefore, the Union list of food additives should be clarified in order to reflect all the uses in accordance with Articles 6, 7, 8 and 16 of Regulation (EC) No 1333/2008. |
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(6)

Therefore, the Union list of food additives should be clarified in order to reflect all the uses in accordance with Articles 6, 7, 8 and 16 of Regulation (EC) No 1333/2008.

| (7) | Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission has to seek the opinion of the European Food Safety Authority (‘the Authority’) in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the Union list is amended in order to clarify uses already in accordance with Directives 94/35/EC, 94/36/EC and 95/2/EC, it constitutes an update of that list which is not liable to have an effect on human health. Therefore, it is not necessary to seek the opinion of the Authority. |
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(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission has to seek the opinion of the European Food Safety Authority (‘the Authority’) in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the Union list is amended in order to clarify uses already in accordance with Directives 94/35/EC, 94/36/EC and 95/2/EC, it constitutes an update of that list which is not liable to have an effect on human health. Therefore, it is not necessary to seek the opinion of the Authority.

| (8) | Annex II to Regulation (EC) No 1333/2008 should therefore be amended and corrected accordingly. |
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(8)

Annex II to Regulation (EC) No 1333/2008 should therefore be amended and corrected accordingly.

| (9) | 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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(9)

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

Annex II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.

Article 2

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, 7 March 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 354, 31.12.2008, p. 16.

1

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

2

(3)  European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs (OJ L 237, 10.9.1994, p. 3).

3

(4)  European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13).

4

(5)  European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ L 61, 18.3.1995, p. 1).

5

(6)  Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses (OJ L 124, 20.5.2009, p. 21).

6

(7)  Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).

7

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ANNEX

Annex II to Regulation (EC) No 1333/2008 is amended as follows:

| 1. | The following entry 13 is added in Table 1 of Part A after the entry for ‘12. Dry pasta, excluding gluten-free and/or pasta intended for hypoproteic diets, in accordance with Directive 2009/39/EC of the European Parliament and of the Council’:






  ‘13 | Foods for infants and young children as referred to in Regulation (EU) No 609/2013 (*1), including foods for special medical purposes for infants and young children. |
| --- | --- | --- |

1.

The following entry 13 is added in Table 1 of Part A after the entry for ‘12. Dry pasta, excluding gluten-free and/or pasta intended for hypoproteic diets, in accordance with Directive 2009/39/EC of the European Parliament and of the Council’:

‘13

Foods for infants and young children as referred to in Regulation (EU) No 609/2013 (*1), including foods for special medical purposes for infants and young children.

| 2. | Part E of Annex II to Regulation (EC) No 1333/2008 is amended as follows:






  (a) | the title of food category ‘0. Food additives permitted in all categories of foods’ is replaced as follows:






  ‘0 | Food additives permitted in all categories of foods excluding foods for infants and young children, except where specifically provided for.’ |
| --- | --- | --- | --- |

2.

Part E of Annex II to Regulation (EC) No 1333/2008 is amended as follows:

(a)

the title of food category ‘0. Food additives permitted in all categories of foods’ is replaced as follows:

‘0

Food additives permitted in all categories of foods excluding foods for infants and young children, except where specifically provided for.’

| (b) | the entries for additives in the food category ‘0. Food additives permitted in all categories of foods’ are replaced by the following: | ‘E 290 | Carbon dioxide | quantum satis | | May be used in foods for infants and young children. |
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| | E 338-452 | Phosphoric acid — phosphates — di-, tri- and polyphosphates | 10 000 | (1) (4) (57) | Only foods in dried powdered form (i.e. foods dried during the production process, and mixtures thereof), excluding foods listed in Table 1 of Part A of this Annex. |
| | E 459 | Beta-cyclodextrin | quantum satis | | Only foods in tablet and coated tablet form, excluding the foods listed in Table 1 of Part A of this Annex. |
| | E 551-553 | Silicon dioxide — silicates | 10 000 | (1) (57) | Only foods in dried powdered form (i.e. foods dried during the production process, and mixtures thereof), excluding foods listed in Table 1 of Part A of this Annex. |
| | E 551-553 | Silicon dioxide — silicates | quantum satis | (1) | Only foods in tablet and coated tablet form, excluding the foods listed in Table 1 of Part A of this Annex. |
| | E 938 | Argon | quantum satis | | May be used in foods for infants and young children. |
| | E 939 | Helium | quantum satis | | May be used in foods for infants and young children. |
| | E 941 | Nitrogen | quantum satis | | May be used in foods for infants and young children. |
| | E 942 | Nitrous oxide | quantum satis | | May be used in foods for infants and young children. |
| | E 948 | Oxygen | quantum satis | | May be used in foods for infants and young children. |
| | E 949 | Hydrogen | quantum satis | | May be used in foods for infants and young children.’ |

(b)

the entries for additives in the food category ‘0. Food additives permitted in all categories of foods’ are replaced by the following:

‘E 290

Carbon dioxide

quantum satis

May be used in foods for infants and young children.

E 338-452

Phosphoric acid — phosphates — di-, tri- and polyphosphates

10 000

(1) (4) (57)

Only foods in dried powdered form (i.e. foods dried during the production process, and mixtures thereof), excluding foods listed in Table 1 of Part A of this Annex.

E 459

Beta-cyclodextrin

quantum satis

Only foods in tablet and coated tablet form, excluding the foods listed in Table 1 of Part A of this Annex.

E 551-553

Silicon dioxide — silicates

10 000

(1) (57)

Only foods in dried powdered form (i.e. foods dried during the production process, and mixtures thereof), excluding foods listed in Table 1 of Part A of this Annex.

E 551-553

Silicon dioxide — silicates

quantum satis

(1)

Only foods in tablet and coated tablet form, excluding the foods listed in Table 1 of Part A of this Annex.

E 938

Argon

quantum satis

May be used in foods for infants and young children.

E 939

Helium

quantum satis

May be used in foods for infants and young children.

E 941

Nitrogen

quantum satis

May be used in foods for infants and young children.

E 942

Nitrous oxide

quantum satis

May be used in foods for infants and young children.

E 948

Oxygen

quantum satis

May be used in foods for infants and young children.

E 949

Hydrogen

quantum satis

May be used in foods for infants and young children.’

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(*1)  Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).’

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| 8.3.2016 | EN | Official Journal of the European Union | L 61/5 |
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8.3.2016

EN

Official Journal of the European Union

L 61/5

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/325

of 7 March 2016

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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, 7 March 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

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ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | EG | 371,5 |
| IL | 154,0 |
| MA | 98,5 |
| SN | 174,9 |
| TN | 112,1 |
| TR | 98,3 |
| ZZ | 168,2 |
| 0707 00 05 | JO | 194,1 |
| MA | 84,5 |
| TR | 158,2 |
| ZZ | 145,6 |
| 0709 93 10 | MA | 62,3 |
| TR | 162,8 |
| ZZ | 112,6 |
| 0805 10 20 | EG | 44,3 |
| IL | 73,9 |
| MA | 54,5 |
| TN | 54,2 |
| TR | 65,1 |
| ZZ | 58,4 |
| 0805 50 10 | MA | 118,8 |
| TN | 91,8 |
| TR | 89,3 |
| ZZ | 100,0 |
| 0808 10 80 | CL | 93,0 |
| CN | 66,5 |
| US | 134,2 |
| ZZ | 97,9 |
| 0808 30 90 | CL | 176,2 |
| CN | 112,4 |
| TR | 58,3 |
| ZA | 97,5 |
| ZZ | 111,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

EG

371,5

IL

154,0

MA

98,5

SN

174,9

TN

112,1

TR

98,3

ZZ

168,2

0707 00 05

JO

194,1

MA

84,5

TR

158,2

ZZ

145,6

0709 93 10

MA

62,3

TR

162,8

ZZ

112,6

0805 10 20

EG

44,3

IL

73,9

MA

54,5

TN

54,2

TR

65,1

ZZ

58,4

0805 50 10

MA

118,8

TN

91,8

TR

89,3

ZZ

100,0

0808 10 80

CL

93,0

CN

66,5

US

134,2

ZZ

97,9

0808 30 90

CL

176,2

CN

112,4

TR

58,3

ZA

97,5

ZZ

111,1

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(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

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