HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
29.8.2013 Official
Journal
of
the
European
Union L
230/7
COMMISSION REGULATION (EU) No 817/2013
of 28 August 2013
amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of
the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Octenyl
succinic acid modified gum arabic
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
foodstuffs and expressed its opinion on 11 March
2010 ( 4 ). The Authority concluded that, based on the
results of the available studies, the information on gum
Having regard to the Treaty on the Functioning of the European
acacia itself and on other Octenyl succinic acid modified
Union,
starches, the use of octenyl succinic acid modified gum
arabic as an emulsifier in foods at the proposed uses and
Having regard to Regulation (EC) No 1333/2008 of the
use levels is not of a safety concern.
European Parliament and of the Council of 16 December
2008 on food additives ( 1 ), and in particular Article 10(3),
Article 14 and Article 30(5) thereof,
(7) There
is
a
technological
need
to
use
Octenyl
succinic
acid
modified gum arabic as an emulsifier in certain foodstuffs
as well as an emulsifier in flavouring-oil emulsions which
Having regard to Regulation (EC) No 1331/2008 of the
are added to a variety of foodstuffs as it has improved
European Parliament and of the Council of 16 December
properties compared to existing emulsifiers. It is therefore
2008 establishing a common authorisation procedure for
appropriate to authorise the use of octenyl succinic acid
food additives, food enzymes and food flavourings (
modified gum arabic in the food categories applied for

2 ), and in
particular Article 7(5) thereof,
and to assign number E 423 to that food additive.
Whereas:
(8) The
specifications
for
Octenyl
succinic
acid
modified
gum arabic should be included in Regulation (EU)
No 231/2012 when it is included in the Union lists of
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
food additives laid down in Annexes II and III to Regu
Union list of food additives approved for use in foods
lation (EC) No 1333/2008 for the first time.
and their conditions of use.
(9) Regulation
(EC)
No
1333/2008
and
Regulation
(EU)
(2) Annex
III
to
Regulation
(EC)
No
1333/2008
lays
down
a
No 231/2012 should therefore be amended accordingly.
Union list of food additives approved for use in food
additives, food enzymes, flavourings, nutrients and their
conditions of use.
(10) 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
(3) Commission
Regulation
(EU)
No
231/2012
( 3 ) lays down
specifications for food additives listed in Annexes II and
neither the European Parliament nor the Council has
III to Regulation (EC) No 1333/2008.
opposed them,


(4) Those
lists
and
the
specifications
may
be
updated
in HAS ADOPTED THIS REGULATION:
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 appli
Article 1
cation.
Annexes II and III to Regulation (EC) No 1333/2008 are
amended in accordance with Annex I to this Regulation.
(5) An
application
for
authorisation
of
the
use
of
Octenyl
succinic acid modified gum arabic as an emulsifier in
Article 2
certain food categories and in flavourings was
submitted on 12 November 2007 and has been made
The Annex to Regulation (EU) No 231/2012 is amended in
available to the Member States.
accordance with Annex II to this Regulation.
(6) The
European
Food
Safety
Authority
evaluated
the
safety
Article 3
of octenyl succinic acid modified gum arabic, as emul
sifier to be added to flavourings and certain other
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 3 ) OJ L 83, 22.3.2012, p. 1.
( 4 ) EFSA Journal 2010; 8(3):1539.

---

L 230/8
EN
Official Journal of the European Union
29.8.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 August 2013.
For the Commission
The President
José Manuel BARROSO

---

29.8.2013 Off
ANNEX I
A. Annex II to Regulation (EC) No 1333/2008 is amended as follows:
(1) In Part B, in Table 3 ‘Additives other than colours and sweeteners’ the following entry is inserted after the entry for food additive E 422:
‘E 423 Octenyl
succinic
acid
modified
gum
arabic’
EN

(2) Part E is amended as follows:
(a) in category 05.4 ‘Decorations, coatings and fillings, except fruit based fillings covered by category 4.2.4’, the following entry is inserted after the entry for food additive E 416:
‘E 423 Octenyl
succinic
acid
modified
gum
10 000 Only
icings’
arabic
(b) in category 12.6 ‘Sauces’, the following entry is inserted after the entry for food additive E 416:
‘E 423 Octenyl
succinic
acid
modified
gum
10 000’
icial
arabic
Jour
nal
(c) in category 14.1.4 ‘Flavoured drinks’ the following entry is inserted after the entry for food additive E 405:
of
‘E 423 Octenyl
succinic
acid
modified
gum
1 000 only
in
energy
drinks
and
the
arabic
in drinks containing fruit
European
juice’
Union
L
230/9

---

L 230/10
EN
Official Journal of the European Union
29.8.2013
B. Annex III to Regulation (EC) No 1333/2008 is amended as follows:
In Part 4 ‘Food additives including carriers in food flavourings’, the following entry is inserted after the entry for food additive E 416:
Flavouring-oil emulsions used in categories 03: edible ices; 07.2: Fine 500 mg/kg in the
bakery wares; 08.2: Processed meat, only processed poultry; 09.2: flavouring emulsion
Processed fish and fishery products including mollusks and crus
taceans and in category 16: Desserts excluding products covered in
category 1, 3 and 4.
Flavouring-oil emulsions used in category 14.1.4: Flavoured drinks, 220 mg/kg in the
only flavoured drinks not containing fruit juices and in carbonated flavouring emulsion
flavoured drinks containing fruit juices and in category 14.2:
Alcoholic beverages, including alcohol-free and low-alcohol counter
parts
Flavouring-oil emulsions used in categories 05.1: Cocoa and 300 mg/kg in the
Chocolate products as covered by Directive 2000/36/EC, 05.2: flavouring emulsion
Other confectionery including breath refreshening microsweets,
05.4: Decorations, coatings and fillings, except fruit based fillings
covered by category 4.2.4 and in category 06.3: Breakfast cereals.
Flavouring-oil emulsions used in category 01.7.5: Processed cheese. 120
mg/kg
in
the
flavouring emulsion
‘E 423
Octenyl succinic acid
modified gum arabic
Flavouring-oil emulsions used in category 05.3: Chewing gum. 60
mg/kg
in
the
flavouring
emulsion
Flavouring-oil emulsions used in category 01.8: Dairy analogues, 240 mg/kg in the
including beverage whiteners; 04.2.5: Jam, jellies and marmalades flavouring emulsion
and similar products; 04.2.5.4: Nut butters and nut spreads; 08.2:
Processed meat; 12.5: Soups and broths, 14.1.5.2: Other, only instant
coffee and tea and in cereal based ready-to-eat-dishes.
Flavouring-oil emulsions used in category 10.2: Processed eggs and 140 mg/kg in the
egg products.
flavouring emulsion
Flavouring-oil emulsions used in category 14.1.4: Flavoured drinks, 400 mg/kg in the
only non carbonated flavoured drinks containing fruit juices; 14.1.2: flavouring emulsion
Fruit juices as defined by Directive 2001/112/EC and vegetable juices,
only vegetable juices and in category 12.6: Sauces, only gravies and
sweet sauces.
Flavouring-oil emulsions used in category 15: Ready-to-eat savouries 440 mg/kg in the
and snacks.
flavouring emulsion’

---

EN
29.8.2013 Official
Journal
of
the
European
Union L
230/11
ANNEX II
In the Annex to Regulation (EU) No 231/2012, the following entry is inserted after the specifications for food additive E
422:
‘E 423 OCTENYL SUCCINIC ACID MODIFIED GUM ARABIC
Synonyms
Gum arabic hydrogen octenylbutandioate; Gum arabic hydrogen octe
nylsuccinate; OSA modified gum arabic; OSA modified gum acacia
Definition
Octenyl succinic acid modified gum arabic is produced by esterifying
gum arabic (Acacia seyal), or gum arabic (Acacia senegal) in aqueous
solution with not more than 3 % of octenyl succinic acid anhydride.
It is subsequently spray dried.
Einecs
Chemical name
Chemical formula
Weight Average Molecular Weight Fraction
(i):
3,105
g/mol
Fraction (ii) 1,106 g/mol
Assay
Description Off-white
to
light
tan,
free
flowing
powder
Identification
Viscosity of a 5 % solution at 25 °C Not
more
than
30
mPa.s.
Precipitation reaction Forms
flocculent
precipitate
in
lead
sub-acetate
solution
(TS)
Solubility
Freely soluble in water; insoluble in ethanol
pH for a 5 % aqueous solution 3,5
to
6,5
Purity
Loss on drying Not
more
than
15
%
(105
°C,
5
h)
Degree of esterification Not
more
than
0,6
%
Total ash Not
more
than
10
%
(530
°C)
Acid-insoluble ash Not
more
than
0,5
%
Water insoluble matter Not
more
than
1,0
%
Test for starch or dextrine
Boil a 1 in 50 aqueous solution of the sample, add about 0,1 ml iodine
TS. No bluish or reddish colour should be produced.
Test for tannin-bearing gums
To 10 ml of a 1 in 50 aqueous solution of the sample add about
0,1 ml ferric chloride TS. No blackish coloration or blackish precipitate
should be formed.
Residual octenyl succinic acid Not
more
than
0,3
%
Lead Not
more
than
2
mg/kg
Microbiological criteria
Salmonella sp. Absent
in
25
g
Escherichia coli Absent
in
1
g’

---

Document Outline

• �

---