CELEX: 32009D0163
Language: en
Date: 2009-02-26 00:00:00
Title: 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)

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,
   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.
            
         
               (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.
            
         
               (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.
            
         
               (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.
            
         
               (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,
            
         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
         
      
   
   
      (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.
   
      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
                                       
                                       
                                          01.062
                                       
                                       
                                          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’
                                       
                                       
                                           
                                       
                                       
                                           
                                       
                                       
                                           
                                       
                                    
                        
            
                  3.
               
               
                  Part B of the Annex to Decision 1999/217/EC is deleted.