Article 1 
1. This Regulation lays down the procedure for the establishment of rules in respect of the flavouring substances referred to in the third, fourth, fifth and sixth indents of Article 5 (1) of Directive 88/388/EEC. This Regulation shall apply without prejudice to the other provisions of Directive 88/388/EEC. 2. This Regulation shall apply to flavouring substances, as defined in Article 1 (2) (b) of Directive 88/388/EEC, used or intended for use in or on foodstuffs to impart odour and/or taste. 3. This Regulation shall apply without prejudice to specific Directives permitting flavouring substances covered by this Regulation to be used for purposes other than those referred to in Article 1 (2). Article 2 1. The flavouring substances shall comply with the general use criteria referred to in the Annex. 2. A list of flavouring substances the use of which is authorized to the exclusion of all others shall be drawn up in accordance with Articles 3, 4 and 5. Article 3 1. Within one year of the entry into force of this Regulation, the Member States shall notify to the Commission a list of the flavouring substances which may, in accordance with Directive 88/388/EEC, be used in or on foodstuffs marketed on their territory. Such notification shall contain any useful information regarding: (a) the nature of such flavouring substances, such as the chemical formula, the CAS number, the Einecs number, the Iupac nomenclature, their origin and, if necessary, the conditions for their use; (b) the foodstuffs in or on which such flavouring substances are chiefly used; (c) compliance at the level of each Member State with the criteria provided for in Article 4 of Directive 88/388/EEC, and the reasons for those criteria. 2. On the basis of the notification provided for in paragraph 1, and following Commission scrutiny of the notification, in the light of subparagraph (c), flavouring substances the legal use of which in one Member State must be recognized by the other Member States shall be entered in a register which shall be adopted in accordance with the procedure laid down in Article 7 within a year of the end of the notification period provided for in paragraph 1. If necessary, this register may comprise conditions of use. These substances shall be designated in such a way as to protect the intellectual property rights of their manufacturer. 3. If, on the basis of a detailed notification and in the light of fresh data or a re-evaluation of existing data since the establishment of the register referred to in paragraph 2, a Member State notes that a flavouring substance may constitute a danger to public health, it may suspend or restrict the use of that substance on its territory. It shall immediately inform the Commission and the other Member States thereof, stating the reasons for its decision. The Commission shall examine as soon as possible the reasons invoked by the Member State concerned and shall consult the Standing Committee on Foodstuffs set up by Decision 69/414/EC ( 5 ). The Commission shall then deliver its opinion. If the Commission considers that amendments to the register of flavouring substances are necessary to ensure protection of human health, it shall initiate the procedure provided for in Article 7 with a view to adopting such amendments. The State which adopted the safeguard measures may maintain them until the entry into force of such amendments. Article 4 1. In order to check whether the flavouring substances contained in the register referred to in Article 3 comply with the general use criteria given in the Annex, a programme for the evaluation of these flavouring substances shall be adopted in accordance with the procedure laid down in Article 7 within ten months of the register being adopted. That programme shall define in particular: — the order of priorities according to which the flavouring substances are to be examined, taking into acount their uses, — the time limits, — the flavouring substances which are to be the subject of scientific cooperation. 2. The persons responsible for placing the flavouring substances on the market shall forward the data necessary for the evaluation to the Commission, if necessary at the latter's request. 3. If it is apparent, following the evaluation, that a flavouring substance does not comply with the general use criteria given in the Annex, that substance shall be deleted from the register in accordance with the procedure laid down in Article 7. Article 5 1. After completion of the evaluation programme provided for in Article 4, the list of flavouring substances referred to in Article 2 (2) shall be adopted in accordance with the procedure laid down in Article 8 within five years of adoption of that programme. 2. The use of a new flavouring substance not included in the register provided for in Article 3 (2) may be authorized in accordance with the procedure laid down in Article 7. To that end, it shall first be included in the evaluation programme referred to in Article 4 (1) in accordance with the procedure laid down in Article 7. It shall be evaluated on the basis of the place allocated to it in that programme. Article 6 1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 2 
1. The flavouring substances shall comply with the general use criteria referred to in the Annex. 2. A list of flavouring substances the use of which is authorized to the exclusion of all others shall be drawn up in accordance with Articles 3, 4 and 5. Article 3 1. Within one year of the entry into force of this Regulation, the Member States shall notify to the Commission a list of the flavouring substances which may, in accordance with Directive 88/388/EEC, be used in or on foodstuffs marketed on their territory. Such notification shall contain any useful information regarding: (a) the nature of such flavouring substances, such as the chemical formula, the CAS number, the Einecs number, the Iupac nomenclature, their origin and, if necessary, the conditions for their use; (b) the foodstuffs in or on which such flavouring substances are chiefly used; (c) compliance at the level of each Member State with the criteria provided for in Article 4 of Directive 88/388/EEC, and the reasons for those criteria. 2. On the basis of the notification provided for in paragraph 1, and following Commission scrutiny of the notification, in the light of subparagraph (c), flavouring substances the legal use of which in one Member State must be recognized by the other Member States shall be entered in a register which shall be adopted in accordance with the procedure laid down in Article 7 within a year of the end of the notification period provided for in paragraph 1. If necessary, this register may comprise conditions of use. These substances shall be designated in such a way as to protect the intellectual property rights of their manufacturer. 3. If, on the basis of a detailed notification and in the light of fresh data or a re-evaluation of existing data since the establishment of the register referred to in paragraph 2, a Member State notes that a flavouring substance may constitute a danger to public health, it may suspend or restrict the use of that substance on its territory. It shall immediately inform the Commission and the other Member States thereof, stating the reasons for its decision. The Commission shall examine as soon as possible the reasons invoked by the Member State concerned and shall consult the Standing Committee on Foodstuffs set up by Decision 69/414/EC ( 5 ). The Commission shall then deliver its opinion. If the Commission considers that amendments to the register of flavouring substances are necessary to ensure protection of human health, it shall initiate the procedure provided for in Article 7 with a view to adopting such amendments. The State which adopted the safeguard measures may maintain them until the entry into force of such amendments. Article 4 1. In order to check whether the flavouring substances contained in the register referred to in Article 3 comply with the general use criteria given in the Annex, a programme for the evaluation of these flavouring substances shall be adopted in accordance with the procedure laid down in Article 7 within ten months of the register being adopted. That programme shall define in particular: — the order of priorities according to which the flavouring substances are to be examined, taking into acount their uses, — the time limits, — the flavouring substances which are to be the subject of scientific cooperation. 2. The persons responsible for placing the flavouring substances on the market shall forward the data necessary for the evaluation to the Commission, if necessary at the latter's request. 3. If it is apparent, following the evaluation, that a flavouring substance does not comply with the general use criteria given in the Annex, that substance shall be deleted from the register in accordance with the procedure laid down in Article 7. Article 5 1. After completion of the evaluation programme provided for in Article 4, the list of flavouring substances referred to in Article 2 (2) shall be adopted in accordance with the procedure laid down in Article 8 within five years of adoption of that programme. 2. The use of a new flavouring substance not included in the register provided for in Article 3 (2) may be authorized in accordance with the procedure laid down in Article 7. To that end, it shall first be included in the evaluation programme referred to in Article 4 (1) in accordance with the procedure laid down in Article 7. It shall be evaluated on the basis of the place allocated to it in that programme. Article 6 1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 3 
1. Within one year of the entry into force of this Regulation, the Member States shall notify to the Commission a list of the flavouring substances which may, in accordance with Directive 88/388/EEC, be used in or on foodstuffs marketed on their territory. Such notification shall contain any useful information regarding: (a) the nature of such flavouring substances, such as the chemical formula, the CAS number, the Einecs number, the Iupac nomenclature, their origin and, if necessary, the conditions for their use; (b) the foodstuffs in or on which such flavouring substances are chiefly used; (c) compliance at the level of each Member State with the criteria provided for in Article 4 of Directive 88/388/EEC, and the reasons for those criteria. 2. On the basis of the notification provided for in paragraph 1, and following Commission scrutiny of the notification, in the light of subparagraph (c), flavouring substances the legal use of which in one Member State must be recognized by the other Member States shall be entered in a register which shall be adopted in accordance with the procedure laid down in Article 7 within a year of the end of the notification period provided for in paragraph 1. If necessary, this register may comprise conditions of use. These substances shall be designated in such a way as to protect the intellectual property rights of their manufacturer. 3. If, on the basis of a detailed notification and in the light of fresh data or a re-evaluation of existing data since the establishment of the register referred to in paragraph 2, a Member State notes that a flavouring substance may constitute a danger to public health, it may suspend or restrict the use of that substance on its territory. It shall immediately inform the Commission and the other Member States thereof, stating the reasons for its decision. The Commission shall examine as soon as possible the reasons invoked by the Member State concerned and shall consult the Standing Committee on Foodstuffs set up by Decision 69/414/EC ( 5 ). The Commission shall then deliver its opinion. If the Commission considers that amendments to the register of flavouring substances are necessary to ensure protection of human health, it shall initiate the procedure provided for in Article 7 with a view to adopting such amendments. The State which adopted the safeguard measures may maintain them until the entry into force of such amendments. Article 4 1. In order to check whether the flavouring substances contained in the register referred to in Article 3 comply with the general use criteria given in the Annex, a programme for the evaluation of these flavouring substances shall be adopted in accordance with the procedure laid down in Article 7 within ten months of the register being adopted. That programme shall define in particular: — the order of priorities according to which the flavouring substances are to be examined, taking into acount their uses, — the time limits, — the flavouring substances which are to be the subject of scientific cooperation. 2. The persons responsible for placing the flavouring substances on the market shall forward the data necessary for the evaluation to the Commission, if necessary at the latter's request. 3. If it is apparent, following the evaluation, that a flavouring substance does not comply with the general use criteria given in the Annex, that substance shall be deleted from the register in accordance with the procedure laid down in Article 7. Article 5 1. After completion of the evaluation programme provided for in Article 4, the list of flavouring substances referred to in Article 2 (2) shall be adopted in accordance with the procedure laid down in Article 8 within five years of adoption of that programme. 2. The use of a new flavouring substance not included in the register provided for in Article 3 (2) may be authorized in accordance with the procedure laid down in Article 7. To that end, it shall first be included in the evaluation programme referred to in Article 4 (1) in accordance with the procedure laid down in Article 7. It shall be evaluated on the basis of the place allocated to it in that programme. Article 6 1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 4 
1. In order to check whether the flavouring substances contained in the register referred to in Article 3 comply with the general use criteria given in the Annex, a programme for the evaluation of these flavouring substances shall be adopted in accordance with the procedure laid down in Article 7 within ten months of the register being adopted. That programme shall define in particular: — the order of priorities according to which the flavouring substances are to be examined, taking into acount their uses, — the time limits, — the flavouring substances which are to be the subject of scientific cooperation. 2. The persons responsible for placing the flavouring substances on the market shall forward the data necessary for the evaluation to the Commission, if necessary at the latter's request. 3. If it is apparent, following the evaluation, that a flavouring substance does not comply with the general use criteria given in the Annex, that substance shall be deleted from the register in accordance with the procedure laid down in Article 7. Article 5 1. After completion of the evaluation programme provided for in Article 4, the list of flavouring substances referred to in Article 2 (2) shall be adopted in accordance with the procedure laid down in Article 8 within five years of adoption of that programme. 2. The use of a new flavouring substance not included in the register provided for in Article 3 (2) may be authorized in accordance with the procedure laid down in Article 7. To that end, it shall first be included in the evaluation programme referred to in Article 4 (1) in accordance with the procedure laid down in Article 7. It shall be evaluated on the basis of the place allocated to it in that programme. Article 6 1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 5 
1. After completion of the evaluation programme provided for in Article 4, the list of flavouring substances referred to in Article 2 (2) shall be adopted in accordance with the procedure laid down in Article 8 within five years of adoption of that programme. 2. The use of a new flavouring substance not included in the register provided for in Article 3 (2) may be authorized in accordance with the procedure laid down in Article 7. To that end, it shall first be included in the evaluation programme referred to in Article 4 (1) in accordance with the procedure laid down in Article 7. It shall be evaluated on the basis of the place allocated to it in that programme. Article 6 1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 6 
1. This Regulation shall apply without prejudice to the Community provisions authorizing the use, in or on certain foodstuffs, of certain categories of flavouring substances as defined in Article 1 of Directive 88/388/EEC. 2. However, flavouring substances of these categories must conform with the general use criteria set out in the Annex. Article 7 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 7 
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 ( 6 ), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 9 
Member States may not prohibit, restrict or obstruct the marketing or the use in or on foodstuffs of flavouring substances if the latter comply with the provisions of this Regulation. Article 10 The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 10 
The provisions intended to align existing Community acts on this Regulation shall be adopted in accordance with the procedure laid down in Article 7. Article 11 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 11 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.