# L_2009055EN.01004101.xml

| 27.2.2009 | EN | Official Journal of the European Union | L 55/41 |
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27.2.2009

EN

Official Journal of the European Union

L 55/41

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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 down a Community procedure for flavouring substances used or intended 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 flavouring substances used or intended to be used in foodstuffs. That Regulation provides for the adoption of a register of flavouring substances (the register) following notification by the Member States of a list of the flavouring substances 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. |
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(1)

Regulation (EC) No 2232/96 lays down the procedure for the establishment of rules in respect of flavouring substances used or intended to be used in foodstuffs. That Regulation provides for the adoption of a register of flavouring substances (the register) following notification by the Member States of a list of the flavouring substances 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 a programme of evaluation of the flavouring substances contained in the register (the evaluation programme) in order to check if those substances comply within the general criteria for their use set out in the Annex to that Regulation. Regulation (EC) No 2232/96 provides that the persons responsible for placing the flavouring substances on the market are to forward data necessary for their evaluation to the Commission. That Regulation also provides that following completion of the evaluation programme, the list of flavouring substances the use of which is to be authorised to the exclusion of others, is to be adopted. |
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(2)

In addition, Regulation (EC) No 2232/96 provides for a programme of evaluation of the flavouring substances contained in the register (the evaluation programme) in order to check if those substances comply within the general criteria for their use set out in the Annex to that Regulation. Regulation (EC) No 2232/96 provides that the persons responsible for placing the flavouring substances on the market are to forward data necessary for their evaluation to the Commission. That Regulation also provides that following completion of the evaluation programme, the list of flavouring substances the use of which is to be authorised to the exclusion of others, is to be adopted.

| (3) | By Decision 1999/217/EC (2) the Commission adopted, pursuant to Regulation (EC) No 2232/96, a register of flavouring substances used in or on foodstuffs. |
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(3)

By Decision 1999/217/EC (2) the Commission adopted, pursuant to Regulation (EC) No 2232/96, a register of flavouring substances used in or on foodstuffs.

| (4) | Commission Regulation (EC) No 1565/2000 of 18 July 2000 laying down the measures necessary for the adoption of an evaluation programme in application of Regulation (EC) No 2232/96 of the European Parliament and 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 the substance to be carried out. |
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(4)

Commission Regulation (EC) No 1565/2000 of 18 July 2000 laying down the measures necessary for the adoption of an evaluation programme in application of Regulation (EC) No 2232/96 of the European Parliament and 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 the substance 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, those substances cannot be evaluated in respect of their compliance with the general criteria for the use of flavouring substances set out in Regulation (EC) No 2232/96. Accordingly, it is appropriate to delete those substances from the register. |
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(5)

For 148 substances no information has been submitted nor has the Commission been informed about any intention to still submit information. Therefore, those substances cannot be evaluated in respect of their compliance with the general criteria for the use of flavouring substances set out in Regulation (EC) No 2232/96. Accordingly, it is appropriate to delete those substances from the register.

| (6) | In application of Regulation (EC) No 2232/96 and Commission Recommendation 98/282/EC of 21 April 1998 on the ways in which the Member States and the signatory States to the Agreement on the European Economic Area should protect intellectual property in connection with the development and manufacture of flavouring substances referred to in Regulation (EC) No 2232/96 of the European Parliament and of the Council (4), for a number of substances, the notifying Member States requested that they should be registered in such a way as to protect the intellectual property rights of the manufacturer. |
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(6)

In application of Regulation (EC) No 2232/96 and Commission Recommendation 98/282/EC of 21 April 1998 on the ways in which the Member States and the signatory States to the Agreement on the European Economic Area should protect intellectual property in connection with the development and manufacture of flavouring substances referred to in Regulation (EC) No 2232/96 of the European Parliament and of the Council (4), for a number of substances, the notifying Member States requested that they should be registered in such a way as to protect the intellectual property rights of the manufacturer.

| (7) | Protection for those substances, listed in Part B of the register, is limited to a maximum period of five years following the date of receipt of the notification. That period has now expired for the four remaining substances which should consequently be transferred to Part A of the register. |
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(7)

Protection for those substances, listed in Part B of the register, is limited to a maximum period of five years following the date of receipt of the notification. That period has now expired for the four remaining substances which should consequently be transferred to Part A of the register.

| (8) | Decision 1999/217/EC should therefore be amended accordingly. |
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(8)

Decision 1999/217/EC should therefore be amended accordingly.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

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 Commission

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(1)  
  OJ L 299, 23.11.1996, p. 1.

1

(2)  
  OJ L 84, 27.3.1999, p. 1.

2

(3)  
  OJ L 180, 19.7.2000, p. 8.

3

(4)  
  OJ L 127, 29.4.1998, p. 32.

4

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ANNEX

1.

‘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.

| (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 | 02.151 |
| 02.163 | 02.199 | 02.215 | 02.232 | 02.237 | 02.238 | 02.244 | 03.018 |
| 03.021 | 04.060 | 04.071 | 04.081 | 04.083 | 05.054 | 05.133 | 05.135 |
| 05.176 | 05.177 | 05.200 | 05.207 | 05.209 | 05.210 | 05.212 | 05.213 |
| 05.214 | 05.215 | 06.060 | 06.068 | 06.099 | 06.108 | 06.113 | 07.143 |
| 07.144 | 07.145 | 07.163 | 07.173 | 07.174 | 07.192 | 07.216 | 07.241 |
| 07.245 | 07.246 | 07.252 | 08.110 | 08.111 | 08.126 | 08.128 | 09.311 |
| 09.384 | 09.576 | 09.635 | 09.654 | 09.817 | 09.845 | 09.853 | 09.881 |
| 09.887 | 09.896 | 09.903 | 09.914 | 10.041 | 10.046 | 10.065 | 10.071 |
| 11.011 | 11.012 | 11.013 | 11.019 | 11.022 | 11.024 | 12.110 | 12.115 |
| 12.186 | 12.245 | 12.246 | 12.247 | 12.248 | 12.250 | 12.260 | 12.261 |
| 12.263 | 13.036 | 13.104 | 13.110 | 13.121 | 13.131 | 13.147 | 13.156 |
| 13.158 | 13.159 | 13.164 | 13.181 | 13.187 | 14.090 | 14.151 | 14.153 |
| 14.156 | 14.157 | 14.158 | 14.162 | 14.165 | 14.166 | 15.041 | 15.046 |
| 15.053 | 15.059 | 15.065 | 15.073 | 15.075 | 15.095 | 15.100 | 15.101 |
| 15.104 | 15.105 | 15.117 | 15.121 | 15.122 | 15.123 | 15.124 | 16.050 |
| 16.064 | 16.065 | 16.066 | 16.067 | 16.068 | 16.069 | 16.070 | 16.078 |
| 16.079 | 16.084 | 16.085 | 17.009 | | | | |

(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

02.151

02.163

02.199

02.215

02.232

02.237

02.238

02.244

03.018

03.021

04.060

04.071

04.081

04.083

05.054

05.133

05.135

05.176

05.177

05.200

05.207

05.209

05.210

05.212

05.213

05.214

05.215

06.060

06.068

06.099

06.108

06.113

07.143

07.144

07.145

07.163

07.173

07.174

07.192

07.216

07.241

07.245

07.246

07.252

08.110

08.111

08.126

08.128

09.311

09.384

09.576

09.635

09.654

09.817

09.845

09.853

09.881

09.887

09.896

09.903

09.914

10.041

10.046

10.065

10.071

11.011

11.012

11.013

11.019

11.022

11.024

12.110

12.115

12.186

12.245

12.246

12.247

12.248

12.250

12.260

12.261

12.263

13.036

13.104

13.110

13.121

13.131

13.147

13.156

13.158

13.159

13.164

13.181

13.187

14.090

14.151

14.153

14.156

14.157

14.158

14.162

14.165

14.166

15.041

15.046

15.053

15.059

15.065

15.073

15.075

15.095

15.100

15.101

15.104

15.105

15.117

15.121

15.122

15.123

15.124

16.050

16.064

16.065

16.066

16.067

16.068

16.069

16.070

16.078

16.079

16.084

16.085

17.009

| (b) | The following rows are inserted in the table:















  FL No | Chemical group | CAS | Name | Fema | CoE | Einecs | FL No | Synonyms | Systematic name | Comments |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| ‘09.929 | 8 | 220621-22-7 | L-Monomenthyl glutarate | 4006 | | | 09.929 | | | |
| 03.023 | 16 | 1608-72-6 | 1-Ethoxyethylacetate | 4069 | | | 03.023 | | | |
| 16.083 | 30 | 446-71-9 | 2-(4-Hydroxy-3-methoxyphenyl)-5,7-dihydroxy chromanone | | | | 16.083 | | | |
| 07.250 | 5 | 3916-64-1 | 3,5-Heptadien-2-one | | | | 07.250’ | | | |

(b)

The following rows are inserted in the table:

FL No

Chemical group

CAS

Name

Fema

CoE

Einecs

FL No

Synonyms

Systematic name

Comments

‘09.929

8

220621-22-7

L-Monomenthyl glutarate

4006

09.929

03.023

16

1608-72-6

1-Ethoxyethylacetate

4069

03.023

16.083

30

446-71-9

2-(4-Hydroxy-3-methoxyphenyl)-5,7-dihydroxy chromanone

16.083

07.250

5

3916-64-1

3,5-Heptadien-2-one

07.250’

3.

Part B of the Annex to Decision 1999/217/EC is deleted.

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