2009/163/EC: 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)
Date: 2009-02-26
Institutions: European Commission
Subjects: directory, flavouring, foodstuff, foodstuffs legislation

27.2.2009

EN

Official Journal of the European Union

L 55/41

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,

(4)

Having regard to the Treaty
Community,

establishing the European

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)

(2)

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 notifi­
cation 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.

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.

(5)

(6)

(7)

(8)

(9)

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.

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

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
the European Parliament
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.

and of

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

four

the

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

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(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.

L 55/42

EN

Official Journal of the European Union

27.2.2009

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 1999/217/EC is amended in accordance with the Annex to this Decision.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 26 February 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

27.2.2009

EN

Official Journal of the European Union

L 55/43

ANNEX

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

01.075

02.163

03.021

05.176

05.214

07.144

07.245

09.384

09.887

11.011

12.186

12.263

13.158

14.156

15.053

15.104

16.064

16.079

01.062

01.076

02.199

04.060

05.177

05.215

07.145

07.246

09.576

09.896

11.012

12.245

13.036

13.159

14.157

15.059

15.105

16.065

16.084

01.068

02.053

02.215

04.071

05.200

06.060

07.163

07.252

09.635

09.903

11.013

12.246

13.104

13.164

14.158

15.065

15.117

16.066

16.085

01.069

02.068

02.232

04.081

05.207

06.068

07.173

08.110

09.654

09.914

11.019

12.247

13.110

13.181

14.162

15.073

15.121

16.067

17.009

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

01.071

02.118

02.237

04.083

05.209

06.099

07.174

08.111

09.817

10.041

11.022

12.248

13.121

13.187

14.165

15.075

15.122

16.068

01.072

02.129

02.238

05.054

05.210

06.108

07.192

08.126

09.845

10.046

11.024

12.250

13.131

14.090

14.166

15.095

15.123

16.069

01.073

02.130

02.244

05.133

05.212

06.113

07.216

08.128

09.853

10.065

12.110

12.260

13.147

14.151

15.041

15.100

15.124

16.070

01.074

02.151

03.018

05.135

05.213

07.143

07.241

09.311

09.881

10.071

12.115

12.261

13.156

14.153

15.046

15.101

16.050

16.078

FL No

Chemi­
cal
group

CAS

Name

Fema

CoE

Einecs

FL No

Synonyms

Syste­
matic
name

Com­
ments

‘09.929

8

220621-22-7

03.023

16

1608-72-6

16.083

30

446-71-9

07.250

5

3916-64-1

4006

4069

L-Monomenthyl
glutarate

1-Ethoxyethyl­
acetate

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

3,5-Heptadien-2-
one

09.929

03.023

16.083

07.250’

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