Commission Regulation (EU) No 246/2014

of 13 March 2014

amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of 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(4) 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)
Commission Implementing Regulation (EU) No 872/20123 has adopted the list of flavouring substances and has introduced that list in Part A of Annex I to Regulation (EC) No 1334/2008.
(3)

That list may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application submitted by a Member State or by an interested party.

(4)

Part A of the Union list contains a number of substances for which the European Food Safety Authority has not completed the evaluation or it has requested additional scientific data to be provided for completion of the evaluation. For 19 of those substances, the persons responsible for placing the flavouring substances on the market have now withdrawn their applications. Therefore, those flavouring substances should be removed from the Union list.

(5)

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

(6)
Pursuant to Article 30 of Regulation (EC) No 1334/2008 flavouring substances not included in the Union list may be placed on the market as such and used in or on food until 22 October 2014. Since flavouring substances are already on the market in the Member States and in order to ensure smooth transition to a Union authorisation procedure, transitional measures have been laid down for food containing those substances in Commission Regulation (EU) No 873/20124.
(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on 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, 13 March 2014.

For the Commission

The President

José Manuel Barroso

ANNEX

In Part A of Annex I to Regulation (EC) No 1334/2008, the following entries are deleted:

‘01.015

Vinylbenzene

100-42-5

11022

1

EFSA

02.122

p-Mentha-1,8(10)-dien-9-ol

3269-90-7

2

EFSA

09.809

p-Mentha-1,8(10)-dien-9-yl acetate

15111-97-4

10743

2

EFSA

12.114

Diethyl trisulfide

3600-24-6

1701

11451

4

EFSA

12.120

2,8-Epithio-p-menthane

68398-18-5

1685

4

EFSA

12.159

Methyl methanethiosulfonate

2949-92-0

11520

3

EFSA

12.256

Ethyl propyl trisulfide

31499-70-4

1695

4

EFSA

12.272

Propyl propanethiosulfonate

1113-13-9

1702

3

EFSA

13.029

2,5-Dimethylfuran

625-86-5

1488

2208

3

EFSA

13.030

2-Methylfuran

534-22-5

1487

2209

3

EFSA

13.092

2-Ethylfuran

3208-16-0

1489

11706

3

EFSA

14.145

Pyrrole-2-carbaldehyde

1003-29-8

11393

4

EFSA

14.163

1-Methylpyrrole-2-carboxaldehyde

1192-58-1

4

EFSA

14.169

1-Ethyl-2-pyrrolecarboxaldehyde

2167-14-8

4

EFSA

15.064

2,5-Dimethylthiophene

638-02-8

4

EFSA

15.072

2-Ethylthiophene

872-55-9

11614

4

EFSA

15.091

2-Methylthiophene

554-14-3

11631

4

EFSA

15.092

3-Methylthiophene

616-44-4

11632

4

EFSA

16.124

(1R,2S,5R)-N-cyclopropyl-5-methyl-2-isopropyl cyclohexanecarboxamide

73435-61-7

1

EFSA’