# Commission Regulation (EU) No 817/2013Show full title

Commission Regulation (EU) No 817/2013 of 28 August 2013 amending Annexes II and III to Regulation (EC) No 1333/2008 of the            European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Octenyl succinic            acid modified gum arabic (Text with EEA relevance)         

        - Previous
        - Next

U.K.

# Commission Regulation (EU) No 817/2013                     

# of 28 August 2013

# amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to                        Commission Regulation (EU) No 231/2012 as regards Octenyl succinic acid modified gum arabic                     

# (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), Article 14 and Article 30(5) 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.

(2)Annex III to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in food additives, food                              enzymes, flavourings, nutrients and their conditions of use.

(3)Commission Regulation (EU) No 231/2012(3) lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008.

(4)Those lists and the specifications 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.

(5)An application for authorisation of the use of Octenyl succinic acid modified gum arabic as an emulsifier in certain food                              categories and in flavourings was submitted on 12 November 2007 and has been made available to the Member States.

(6)The European Food Safety Authority evaluated the safety of octenyl succinic acid modified gum arabic, as emulsifier to be                              added to flavourings and certain other foodstuffs and expressed its opinion on 11 March 2010(4). The Authority concluded that, based on the results of the available studies, the information on gum acacia itself and on                              other Octenyl succinic acid modified starches, the use of octenyl succinic acid modified gum arabic as an emulsifier in foods                              at the proposed uses and use levels is not of a safety concern.

(7)There is a technological need to use Octenyl succinic acid modified gum arabic as an emulsifier in certain foodstuffs as well                              as an emulsifier in flavouring-oil emulsions which are added to a variety of foodstuffs as it has improved properties compared                              to existing emulsifiers. It is therefore appropriate to authorise the use of octenyl succinic acid modified gum arabic in                              the food categories applied for and to assign number E 423 to that food additive.

(8)The specifications for Octenyl succinic acid modified gum arabic should be included in Regulation (EU) No 231/2012 when it                              is included in the Union lists of food additives laid down in Annexes II and III to Regulation (EC) No 1333/2008 for the first                              time.

(9)Regulation (EC) No 1333/2008 and Regulation (EU) No 231/2012 should therefore be amended accordingly.

(10)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Annexes II and III to Regulation (EC) No 1333/2008 are amended in accordance with Annex I to this Regulation.

# Article 2U.K.

The Annex to Regulation (EU) No 231/2012 is amended in accordance with Annex II to this Regulation.

# Article 3U.K.

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, 28 August 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.

### A.Annex II to Regulation (EC) No 1333/2008 is amended as follows:U.K.

In Part B, in Table 3 ‘Additives other than colours and sweeteners’ the following entry is inserted after the entry for food                              additive E 422:                           

Part E is amended as follows:

in category 05.4 ‘Decorations, coatings and fillings, except fruit based fillings covered by category 4.2.4’, the following                                       entry is inserted after the entry for food additive E 416:                                    

in category 12.6 ‘Sauces’, the following entry is inserted after the entry for food additive E 416:

in category 14.1.4 ‘Flavoured drinks’ the following entry is inserted after the entry for food additive E 405:

### B.Annex III to Regulation (EC) No 1333/2008 is amended as follows:U.K.

In Part 4 ‘Food additives including carriers in food flavourings’, the following entry is inserted after the entry for food                     additive E 416:                  

## ANNEX IIU.K.

In the Annex to Regulation (EU) No 231/2012, the following entry is inserted after the specifications for food additive E                     422:                  

### **‘E 423 OCTENYL SUCCINIC ACID MODIFIED GUM ARABIC**

1

OJ L 354, 31.12.2008, p. 16.                           

2

OJ L 354, 31.12.2008, p. 1.                           

3

OJ L 83, 22.3.2012, p. 1.                           

4

*EFSA Journal 2010*; 8(3):1539.