http://www.legislation.gov.uk/id/eur/2013/985

Commission Regulation (EU) No 985/2013

of 14 October 2013

amending and correcting Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances

(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 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC1, and in particular Article 11(3) thereof,

Having regard to 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 flavourings2, and in particular Article 7(5) thereof,

Whereas:

(1)

Annex I to Regulation (EC) No 1334/2008 lays down a Union list of flavourings and source materials for use in food and their conditions of use.

(2)

Part A of the Union list contains both evaluated flavouring substances, which are assigned no footnotes and flavourings substances under evaluation, which are identified by footnote references 1 to 4 in that list.

(3)

The European Food Safety Authority has completed the assessment of 23 substances which are currently listed as flavouring substances under evaluation. Those flavouring substances were assessed by the EFSA in the following flavouring group evaluations: evaluation FGE.06rev43 (substances FL Nos 02.229, 05.137, 09.562 and 09.854), evaluation FGE.07rev44 (substances FL Nos 02.145, 02.194, 02.211, 07.198 and 07.204), evaluation FGE.08rev55 (substance FL No 15.134), evaluation FGE.09rev46 (substances FL Nos 07.202 and 07.255), evaluation FGE.12rev37 (substance FL No 05.182), evaluation FGE.20rev48 (substances FL Nos 05.026, 05.028, 05.029 and 09.858), evaluation in FGE.23rev49 (substance FL No 13.170), evaluation in FGE.63rev110 (substances FL Nos 02.252, 07.190 and 09.936), evaluation FGE.94rev111 (substance FL No 16.095) and evaluation FGE.30412 (substance FL No 16.123). The EFSA concluded that those flavouring substances do not give rise to safety concerns at the estimated levels of dietary intakes.

(4)

Therefore, the flavouring substances assessed in those flavouring group evaluations should be listed as evaluated substances by deleting footnote references 1 to 4 in the relevant entries of the Union list.

(5)

After publication of the Union list, certain errors have been identified in that list. Those errors are related to names, CAS-numbers, JECFA-numbers or secondary components of the followings substances: FL Nos 02.093, 02.110, 05.085, 08.004, 09.016, 09.131, 09.132, 09.266, 09.578, 09.596, 09.880, 12.075, 12.086, 12.273, 13.028, 13.190, 14.067 and 17.015. The errors should be corrected.

(6)

Part A of Annex I to Regulation (EC) No 1334/2008 should therefore be amended and corrected accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Part A of Annex I to Regulation (EC) No 1334/2008 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, 14 October 2013.

For the Commission

The President

José Manuel Barroso

ANNEX

Part A of Annex I to Regulation (EC) No 1334/2008 is amended as follows:

(1)
the entry concerning FL No 02.093 is replaced by the following:
‘02.093
(Z)-Non-6-en-1-ol
35854-86-5
324
10294
JECFA’
(2)
the entry concerning FL No 02.110 is replaced by the following:
‘02.110
2,6-Dimethylhept-6-en-1-ol
36806-46-9
348
At least 90 %; secondary component 5-10 % 2,6-dimethyl-5-hepten-1-ol
JECFA’
(3)
the entry concerning FL No 02.145 is replaced by the following:
‘02.145
2,6-Dimethylocta-1,5,7-trien-3-ol
29414-56-0
EFSA’
(4)
the entry concerning FL No 02.194 is replaced by the following:
‘02.194
Octa-1,5-dien-3-ol
83861-74-9
EFSA’
(5)
the entry concerning FL No 02.211 is replaced by the following:
‘02.211
Undeca-1,5-dien-3-ol
56722-23-7
EFSA’

(6)

the entry concerning FL No 02.229 is replaced by the following:

‘02.229
(-)-3,7-Dimethyl-6-octen-1-ol
7540-51-4
At least 90 % cis-isomer; secondary components 2-6 % di-unsaturated and saturated C10 alcohols, 2-4 % citronellyl acetate and 2-3 % citronellal
EFSA’

(7)
the entry concerning FL No 02.252 is replaced by the following:
‘02.252
4,8-Dimethyl-3,7-nonadien-2-ol
67845-50-5
1841
EFSA’
(8)
the entry concerning FL No 05.026 is replaced by the following:
‘05.026
o-Tolualdehyde
529-20-4
EFSA’
(9)
the entry concerning FL No 05.028 is replaced by the following:
‘05.028
m-Tolualdehyde
620-23-5
EFSA’
(10)
the entry concerning FL No 05.029 is replaced by the following:
‘05.029
p-Tolualdehyde
104-87-0
EFSA’
(11)
the entry concerning FL No 05.085 is replaced by the following:
‘05.085
(Z)-Hept-4-enal
6728-31-0
320
2124
At least 93 % of Z-form of hept-4-enal; secondary component 2-5 % of E-form of hept-4-enal.
JECFA’
(12)
the entry concerning FL No 05.137 is replaced by the following:
‘05.137
Dec-4(cis)-enal
21662-09-9
At least 90 %; secondary component at least 5 % trans-isomer
EFSA’
(13)
the entry concerning FL No 05.182 is replaced by the following:
‘05.182
2,6,6-Trimethylcyclohex-2-ene-1-carboxaldehyde
432-24-6
EFSA’
(14)
the entry concerning FL No 07.190 is replaced by the following:
‘07.190
Octa-1,5-dien-3-one
65213-86-7
1848
Mixture of stereoisomers: 60-90 % E-form and 10-40 % Z-form
EFSA’
(15)
the entry concerning FL No 07.198 is replaced by the following:
‘07.198
Pseudo-ionone
141-10-6
11191
EFSA’
(16)
the entry concerning FL No 07.202 is replaced by the following:
‘07.202
2,6,6-Trimethylcyclohex-2-en-1-one
20013-73-4
EFSA’
(17)
the entry concerning FL No 07.204 is replaced by the following:
‘07.204
3,3,6-Trimethylhepta-1,5-dien-4-one
546-49-6
EFSA’
(18)
the entry concerning FL No 07.255 is replaced by the following:
‘07.255
l-Piperitone
4573-50-6
1856
EFSA’
(19)
the entry concerning FL No 08.004 is replaced by the following:
‘08.004
Lactic acid
50-21-5
930
4
EFSA’
(20)
the entry concerning FL No 09.016 is replaced by the following:
‘09.016
Menthyl acetate
16409-45-3
431
206
JECFA’
(21)
the entry concerning FL No 09.131 is replaced by the following:
‘09.131
DL-Isobornyl propionate
2756-56-1
1391
412
EFSA’
(22)
the entry concerning FL No 09.132 is replaced by the following:
‘09.132
Benzyl propionate
122-63-4
842
413
EFSA’
(23)
the entry concerning FL No 09.266 is replaced by the following:
‘09.266
Hexyl 2-butenoate
19089-92-0
1807
10688
EFSA’
(24)
the entry concerning FL No 09.562 is replaced by the following:
‘09.562
trans-3-Hexenyl formate
56922-80-6
EFSA’
(25)
the entry concerning FL No 09.578 is replaced by the following:
‘09.578
Hexyl (E)-but-2-enoate
1617-25-0
10688
EFSA’
(26)
the entry concerning FL No 09.596 is replaced by the following:
‘09.596
Isopentyl-(Z)-but-2-enoate
10482-55-0
EFSA’
(27)
the entry concerning FL No 09.854 is replaced by the following:
‘09.854
cis-3-Hexenyl 2-methylbutanoate
53398-85-9
EFSA’
(28)
the entry concerning FL No 09.858 is replaced by the following:
‘09.858
Phenylmethyl 2-methyl-2-butenoate
67674-41-3
Mixture of stereoisomers: 60-90 % E-form and 10-40 % Z-form
EFSA’
(29)
the entry concerning FL No 09.880 is replaced by the following:
‘09.880
(Z)-Hept-4-en-2-yl butanoate
94088-12-7
EFSA’
(30)
the entry concerning FL No 09.936 is replaced by the following:
‘09.936
4,8-Dimethyl-3,7-nonadien-2-yl acetate
91418-25-6
1847
EFSA’
(31)
the entry concerning FL No 12.075 is replaced by the following:
‘12.075
Methyl prop-1-enyl disulfide
5905-47-5
569
11712
At least 90 %; secondary components 3-4 % dimethyl disulfide and 3-4 % di-1-propenyl disulfide
JECFA’
(32)
the entry concerning FL No 12.086 is replaced by the following:
‘12.086
S-Methyl 2-methylbutanethioate
42075-45-6
486
JECFA’
(33)
the entry concerning FL No 12.273 is replaced by the following:
‘12.273
3-(Methylthio)heptanal
51755-70-5
1692
At least 92 %; secondary component 5-7 % (E)-hept-2-enal
EFSA’
(34)
the entry concerning FL No 13.028 is replaced by the following:
‘13.028
2-Butyl-5 or 6-keto-1,4-dioxane
65504-95-2
1484
2206
EFSA’
(35)
the entry concerning FL No 13.170 is replaced by the following:
‘13.170
2S-cis-Tetrahydro-4-methyl-2-(2-methyl-1-propenyl)-2H-pyran
3033-23-6
EFSA’
(36)
the entry concerning FL No 13.190 is replaced by the following:
‘13.190
3-((2-methyl-3-furyl)thio)-2-butanone
61295-44-1
1525
EFSA’

(37)

the entry concerning FL No 14.067 is replaced by the following:

‘14.067
2-Ethoxy-3-methylpyrazine
32737-14-7
793
11921
At least 82 % 2-ethoxy-3-methylpyrazine. Secondary components 15 % 2–ethoxy-5-methylpyrazine (CAS no 67845-34-5) or 2-ethoxy-6-methylpyrazine (CAS no 53163-97-6)
EFSA’

(38)
the entry concerning FL No 15.134 is replaced by the following:
‘15.134
2,5-Dihydroxy-1,4-dithiane
40018-26-6
550
Mixture of diastereoisomers: 25-30 % of (2S,5S and 2R,5R) and 70-75 % (2S,5R and 2R,5S)
EFSA’
(39)
the entry concerning FL No 16.095 is replaced by the following:
‘16.095
Cyclopropanecarboxamide, N-[(2E)-3,7-dimethyl-2,6-octadien-1-yl]-
744251-93-2
1779
EFSA’
(40)
the entry concerning FL No 16.123 is replaced by the following:
‘16.123
(1R,2S,5R)-N-(4-Methoxyphenyl)-5-methyl-2-(1-methylethyl)cyclohexanecarboxamide
68489-09-8
EFSA’
(41)
the entry concerning FL No 17.015 is replaced by the following:
‘17.015
DL-Methylmethioninesulphonium chloride
3493-12-7
1427
761
EFSA’