Commission Implementing Regulation (EU) 2024/2067 of 31 July 2024 amending Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries SF-001 to SF-010 from the Union list of authorised smoke flavouring primary products
Date: 2024-07-31
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: consumer protection, flavouring, food safety, food standard, foodstuff, market approval, smoked product, toxic substance, withdrawal from the market




L_202402067EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2067


1.8.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/2067
of 31 July 2024
         
amending Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries SF-001 to SF-010 from the Union list of authorised smoke flavouring primary products
(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 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods (1), and in particular Article 6(1) and Article 18(2) thereof,

Whereas:







(1)


Regulation (EC) No 2065/2003 provides that only smoke flavourings included in the Union list of authorised smoke flavouring primary products (‘the Union list’) may be placed on the market within the Union.












(2)


Commission Implementing Regulation (EU) No 1321/2013 (2) establishes the Union list, laying down the authorised smoke flavouring primary products, their specifications and conditions of use. The authorisations of the smoke flavouring primary products SF-001 to SF-010 were valid from 1 January 2014 for 10 years and renewable for further 10-year periods on application to the Commission by the authorisation holder.












(3)


For the smoke flavouring primary products SF-007 and SF-010 no application for the renewal of the authorisation was submitted and the authorisation expired on 1 January 2024.












(4)


For smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 and SF-009, applications for the renewal of authorisation were submitted in June 2022. The Commission refused the renewal of the authorisation of smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 and SF-009 by Commission Implementing Decisions (EU) 2024/2071 (3), (EU) 2024/2066 (4), (EU) 2024/2073 (5), (EU) 2024/2072 (6), (EU) 2024/2079 (7), (EU) 2024/2078 (8), (EU) 2024/2069 (9) and (EU) 2024/2077 (10).












(5)


Since those ten smoke flavouring primary products are no longer authorised, it is appropriate to delete the relevant entries from the Union list.












(6)


Implementing Regulation (EU) No 1321/2013 should therefore be amended accordingly.












(7)


However, in light of the Authority’s concerns linked to smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 and SF-009, but also of the fact that smoke flavouring primary products are used extensively in a wide range of food products and that all the authorised uses of smoke flavouring primary products imparting a ‘smoked’ flavour or, in some cases, used as an alternative to a traditional smoking process have expired or are not renewed, appropriate measures, adapted to the different types of uses of smoke flavouring primary products, should be introduced in order to allow food business operators to find alternatives.












(8)


Foods of categories 1.7. (Cheese and cheese products), 8. (Meat), 9.2. (Processed fish and fishery products including crustaceans and molluscs), 9.3. (Fish roe) and their corresponding sub-categories, to which those smoke flavouring primary products are added and that comply with the provisions laid down for those smoke flavouring primary products in the Union list before 21 August 2024 should be allowed to be placed on the market until 1 July 2029 and to remain on the market until their date of minimum durability or use-by date as the use of smoke flavouring primary products in or on such foods replaces traditional smoking processes and the adjustment of production processes may require significant investment and, in some cases, lengthy administrative procedures.












(9)


Foods of all other categories to which those smoke flavouring primary products are added and that comply with the provisions laid down for those smoke flavouring primary products in the Union list before 21 August 2024 should be allowed to be placed on the market until 1 July 2026 and to remain on the market until their date of minimum durability or use-by date in order to allow enough time for the food business operators using those smoke flavouring primary products to adjust the recipes of their foods.












(10)


For the same reasons, preparations containing those smoke flavouring primary products and not intended to be consumed as such should be allowed to be placed on the market until the dates set out for the foods they are intended for.












(11)


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
In the Annex to Implementing Regulation (EU) No 1321/2013, the entries for SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-007, SF-008, SF-009 and SF-010 are deleted.


Article 2

1.   Foods containing smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 or SF-009 that comply with the provisions laid down for those smoke flavouring primary products in the Union list before 21 August 2024 may continue to be placed on the market and remain on the market until their date of minimum durability or use by date if they are placed on the market until the following dates:






(a)


1 July 2029 for food categories 1.7. (Cheese and cheese products), 8. (Meat), 9.2. (Processed fish and fishery products including crustaceans and molluscs), 9.3. (Fish roe) and their corresponding sub-categories;










(b)


1 July 2026 for all other food categories.






2.   Preparations containing smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 or SF-009 and not intended to be consumed as such may be placed on the market until 1 July 2029 for use in the food categories listed in paragraph 1, point (a), and until 1 July 2026 for all other food categories.
For the purposes of this paragraph, ‘preparations’ means mixtures of smoke flavourings or mixtures of one or more smoke flavourings with other food ingredients, such as flavourings, food additives, enzymes or carriers, to facilitate their storage, sale, standardisation, dilution or dissolution.



Article 3
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, 31 July 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 309, 26.11.2003, p. 1, ELI: http://data.europa.eu/eli/reg/2003/2065/oj.

(2)  Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings (OJ L 333, 12.12.2013, p. 54, ELI: http://data.europa.eu/eli/reg_impl/2013/1321/oj).

(3)  Commission Implementing Decision (EU) 2024/2071 of 31 July 2024 refusing the renewal of the authorisation of Scansmoke PB 1110 (SF-001) as a smoke flavouring primary product (OJ L, 2024/2071, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2071/oj).

(4)  Commission Implementing Decision (EU) 2024/2066 of 31 July 2024 refusing the renewal of the authorisation of Zesti Smoke Code 10 (SF-002) as a smoke flavouring primary product (OJ L, 2024/2066, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2066/oj).

(5)  Commission Implementing Decision (EU) 2024/2073 of 31 July 2024 refusing the renewal of the authorisation of Smoke Concentrate 809045 (SF-003) as a smoke flavouring primary product (OJ L, 2024/2073, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2073/oj).

(6)  Commission Implementing Decision (EU) 2024/2072 of 31 July 2024 refusing the renewal of the authorisation of Scansmoke SEF 7525 (SF-004) as a smoke flavouring primary product (OJ L, 2024/2072, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2072/oj).

(7)  Commission Implementing Decision (EU) 2024/2079 of 31 July 2024 refusing the renewal of the authorisation of SmokEz C-10 (SF-005) as a smoke flavouring primary product (OJ L, 2024/2079, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2079/oj).

(8)  Commission Implementing Decision (EU) 2024/2078 of 31 July 2024 refusing the renewal of the authorisation of SmokEz Enviro-23 (SF-006) as a smoke flavouring primary product (OJ L, 2024/2078, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2078/oj).

(9)  Commission Implementing Decision (EU) 2024/2069 of 31 July 2024 refusing the renewal of the authorisation of ProFagus-Smoke R709 (SF-008) as a smoke flavouring primary product (OJ L, 2024/2069, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2069/oj).

(10)  Commission Implementing Decision (EU) 2024/2077 of 31 July 2024 refusing the renewal of the authorisation of Fumokomp (SF-009) as a smoke flavouring primary product (OJ L, 2024/2077, 1.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2077/oj).


ELI: http://data.europa.eu/eli/reg_impl/2024/2067/oj
ISSN 1977-0677 (electronic edition)