CELEX: 32012R1049
Language: en
Date: 2012-11-08 00:00:00
Title: Commission Regulation (EU) No 1049/2012 of 8 November 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polyglycitol syrup in several food categories  Text with EEA relevance

9.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 310/41
            
         COMMISSION REGULATION (EU) No 1049/2012
   of 8 November 2012
   amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polyglycitol syrup in several food categories
   (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) and Article 30(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)
            
            
               That list may be amended in accordance with the procedure referred to in 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).
            
         
               (3)
            
            
               Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.
            
         
               (4)
            
            
               An application for authorisation of the use of polyglycitol syrup in several food categories was submitted and was made available to the Member States.
            
         
               (5)
            
            
               The European Food Safety Authority evaluated the safety of polyglycitol syrup when used as a food additive (3). It considers that the chemical and toxicological data available for polyglycitol syrup are insufficient to establish an acceptable daily intake. However, it concludes, on the basis of the available data, that there are no indications of a safety concern for the proposed uses and use levels.
            
         
               (6)
            
            
               There is a technological need for the use of polyglycitol syrup as an alternative polyol for the other already authorised polyols. Polyglycitol syrup is less sweet and provides more bulk, opacity, binding and stability in energy-reduced or sugar-free products. It is therefore appropriate to authorise the use of polyglycitol syrup in the food categories applied for and to assign E 964 as E-number to that food additive.
            
         
               (7)
            
            
               Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (4), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of polyglycitol syrup in the food categories concerned before that date, it is necessary to specify an earlier date of application with regard to that food additive.
            
         
               (8)
            
            
               Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.
            
         
               (9)
            
            
               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 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, 8 November 2012.
      
         
            For the Commission
         
         
            The President
         
         José Manuel BARROSO
      
   
   
      (1)  OJ L 354, 31.12.2008, p. 16.
   
      (2)  OJ L 354, 31.12.2008, p. 1.
   
      (3)  EFSA Journal 2009;7(12):1413.
   
      (4)  OJ L 295, 12.11.2011, p. 1.
   
      ANNEX
      Annex II to Regulation (EC) No 1333/2008 is amended as follows:
      
                  (1)
               
               
                  in point 2 of Part B the following entry for E 964 is inserted after the entry for E 962:
                  
                              ‘E 964
                           
                           
                              Polyglycitol syrup’
                           
                        
            
                  (2)
               
               
                  in Part E the following entries for E 964 are inserted in numerical order in the relevant food categories:
                  
                              ‘03.
                              
                           
                           
                              
                                 Edible ices
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              200 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 04.2.5.1
                              
                           
                           
                              
                                 Extra jam and extra jelly as defined by Directive 2001/113/EC
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              500 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 04.2.5.2
                              
                           
                           
                              
                                 Jam, jellies and marmalades and sweetened chestnut puree as defined by Directive 2001/113/EC
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              500 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 04.2.5.3
                              
                           
                           
                              
                                 Other similar fruit or vegetable spreads
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              500 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 05.1
                              
                           
                           
                              
                                 Cocoa and Chocolate products as covered by Directive 2000/36/EC
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              200 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 05.2
                              
                           
                           
                              
                                 Other confectionery including breath refreshening microsweets
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              200 000
                           
                           
                               
                           
                           
                              only cocoa based energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              600 000
                           
                           
                               
                           
                           
                              only starch based confectionery energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              800 000
                           
                           
                               
                           
                           
                              only chewy candy with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              990 000
                           
                           
                               
                           
                           
                              only hard candy with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 05.3
                              
                           
                           
                              
                                 Chewing gum
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              200 000
                           
                           
                               
                           
                           
                              Only with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 06.3
                              
                           
                           
                              
                                 Breakfast cereals
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              200 000
                           
                           
                               
                           
                           
                              only breakfast cereals or cereal-based products, energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 07.2
                              
                           
                           
                              
                                 Fine bakery wares
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              300 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012
                           
                        
                              
                                 16.
                              
                           
                           
                              
                                 Desserts excluding products covered in category 1, 3 and 4
                              
                           
                        
                              E 964
                           
                           
                              Polyglycitol syrup
                           
                           
                              300 000
                           
                           
                               
                           
                           
                              only energy-reduced or with no added sugar
                           
                           
                              Period of application:
                              From 29 November 2012’