HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 333/40
EN
Official Journal of the European Union
5.12.2012
COMMISSION REGULATION (EU) No 1149/2012
of 4 December 2012
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council as regards the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(6) The
European
Food
Safety
Authority
assessed
the
use
of
rosemary extracts as a food additive ( 3 ). Based on the
margins of safety identified using the NOAELs ( 4 ) from
the different studies, in which generally the NOAELs were
Having regard to the Treaty on the Functioning of the European
the highest dose levels tested, and using the conservative
Union,
dietary exposure estimates it was concluded that the use
of the rosemary extracts described in the scientific
opinion at the proposed uses and use levels would not
Having regard to Regulation (EC) No 1333/2008 of the
be of safety concern. The additional intake based on the
European Parliament and of the Council of 16 December
new use in fillings of stuffed dry pasta does not signifi
2008 on food additives ( 1 ), and in particular Article 10(3) and
cantly contribute to the overall intake. It is therefore
Article 30(5) thereof,
appropriate to allow the use of extracts of rosemary (E
392) as an antioxidant in fillings of stuffed dry pasta.
Whereas:
(7) Pursuant
to
Article
3(2)
of
Regulation
(EC)
No
1331/2008, the Commission is to seek the opinion of
the European Food Safety Authority in order to update
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
the Union list of food additives set out in Annex II to
Union list of food additives approved for use in foods
Regulation (EC) No 1333/2008, except where the update
and their conditions of use.
in question is not liable to have an effect on human
health. Since the authorisation of use of extracts of
rosemary (E 392) as an antioxidant in fillings of stuffed
dry pasta constitutes an update of that list which is not
(2) That
list
may
be
amended
in
accordance
with
the
procedure referred to in Regulation (EC) No
liable to have an effect on human health, it is not
1331/2008 of the European Parliament and of the
necessary to seek the opinion of the European Food
Council of 16 December 2008 establishing a common
Safety Authority.
authorisation procedure for food additives, food enzymes
and food flavourings ( 2 ).
(8) Pursuant
to
the
transitional
provisions
of
Commission
Regulation (EU) No 1129/2011 of 11 November 2011
amending Annex II to Regulation (EC) No 1333/2008 of
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
the European Parliament and of the Council by estab
1331/2008, the Union list of food additives may be
lishing a Union list of food additives (
updated either on the initiative of the Commission or

5 ), Annex II estab
lishing the Union list of food additives approved for use
following an application.
in foods and conditions of use applies from 1 June 2013.
In order to allow the use of extracts of rosemary (E 392)
in fillings of stuffed dry pasta before that date, it is
(4)
An application for authorisation of the use of extracts of
necessary to specify an earlier date of application with
rosemary (E 392) as an antioxidant in fillings of stuffed
regard to this use of that food additive.
dry pasta was submitted and has been made available to
the Member States.
(9) Therefore,
Annex
II
to
Regulation
(EC)
No
1333/2008
should be amended accordingly.
(5) Antioxidants
are
substances
which
protect
food
against
deterioration caused by oxidation, such as fat rancidity
and colour changes. Extracts of rosemary (E 392) used in
(10) The
measures
provided
for
in
this
Regulation
are
in
fillings of stuffed dry pasta improve the stability of fats
accordance with the opinion of the Standing
and oils in the recipe (e.g. vegetable oil, fat in meat,
Committee on the Food Chain and Animal Health and
cheese and dairy ingredients) during the whole product
neither the European Parliament nor the Council has
shelf life. The taste of filled dry pasta is more stable
opposed them,
without organoleptic defects and off-notes caused by
the fat oxidation.
( 3 ) EFSA Journal (2008) 721, 1-29.
( 4 ) NOAEL (no observed adverse effect level) — dose or concentration
( 1 ) OJ L 354, 31.12.2008, p. 16.
of a substance tested at which no adverse effect is found.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 5 ) OJ L 295, 12.11.2011, p. 1.

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EN
5.12.2012 Official
Journal
of
the
European
Union L
333/41
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 1333/2008 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, 4 December 2012.
For the Commission
The President
José Manuel BARROSO

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L 333/42
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008, in the food category 06.4.5 ‘Fillings of stuffed pasta (ravioli and similar)’:
(a) the following entry is inserted after the entry for E 200-203:
‘E 392 Extracts
of
rosemary 250 (41)
(46) only
in
fillings
of
stuffed
dry
pasta Period
of
application:
EN
From 25 December 2012.’

(b) the following footnotes are added after footnote (2):
‘(41): Expressed on fat basis
(46): As the sum of carnosol and carnosic acid’
Off
icial
Jour
nal
of
the
European
Union
5.12.2012

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