HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 267/162
EN
Official Journal of the European Union
2.10.2012
COMMISSION REGULATION (EU) No 873/2012
of 1 October 2012
on transitional measures concerning the Union list of flavourings and source materials set out in
Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(6) Pursuant
to
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
Having regard to the Treaty on the Functioning of the European
until 18 months after the date of application of the
Union,
Union list. Since flavouring substances are already on
the market in the Member States, provision should be
made to ensure that the transition to a Union authori
sation procedure is smooth. To increase legal certainty, a
Having regard to Regulation (EC) No 1334/2008 of the
transitional period should be provided also for food
European Parliament and of the Council of 16 December
containing those flavouring substances.
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/EC ( 1 ),
and in particular Article 25(3) thereof,
(7) As
a
second
step,
the
flavourings
and
source
materials
referred to in Article 9(b) to (f) must be evaluated. The
interested parties are to submit applications for updating
Whereas:
the Union list by adding a substance to the list pursuant
to Regulation (EC) No 1331/2008 and are to follow
Commission Regulation (EU) No 234/2011 of
10 March 2011 implementing Regulation (EC) No
(1) Article
9
of
Regulation
(EC)
No
1334/2008
lays
down
1331/2008 of the European Parliament and of the
the type of flavourings and source materials for which an
Council establishing a common authorisation procedure
evaluation and approval is required.
for food additives, food enzymes and food flavourings ( 4 )
as to the data required and as to the content, drafting
and presentation of the applications for authorisation of
(2) Article
10
of
Regulation
(EC)
No
1334/2008
provides
flavourings and source materials listed in Article 9(b) to
that, of the flavourings and source materials referred to
(f) of Regulation (EC) No 1334/2008.
in Article 9, only those included in the Union list may be
placed on the market as such and used in or on foods
under the conditions of use specified therein, where
applicable.
(8) In
accordance
with
the
objectives
of
Regulation
(EC)
No
1334/2008, in order to enhance legal certainty and non-
(3) Article
30
of
Regulation
(EC)
No
1334/2008
specifies
discrimination it is appropriate to adopt transitional
that Article 10 is to apply from 18 months after the
measures to allow the time for evaluation and authori
date of application of the Union list.
sation of those flavourings and source materials.
(4) It
is
therefore
appropriate
to
fix
that
date
of
application
of the Union list for the purposes of third paragraph of
(9)
The date of application of Parts B to F of Annex I to
Article 30 of Regulation (EC) No 1334/2008.
Regulation (EC) No 1334/2008, concerning flavourings
and source materials listed in Article 9(b) to (f) of that
Regulation, should be postponed to allow the time for
(5)
As a first step, a Union list of flavouring substances
evaluation and authorisation of those flavourings and
referred to in point (a) of Article 9 of Regulation (EC)
source materials.
No 1334/2008 has been established by Commission
Regulation (EU) No 872/2012 ( 2 ) by introducing the
list of flavouring substances referred to in Regulation
(EC) No 2232/96 of the European Parliament and of
the Council (
(10) The
interested
parties
should
submit
applications
for

3 ) into Annex I to Regulation (EC) No
1334/2008 and by fixing the dates of application of
authorisations within a set time limit as regards
that list.
flavourings and source materials listed in Article 9(b) to
(f) of Regulation (EC) No 1334/2008 that are currently
placed on the market.
( 1 ) OJ L 354, 31.12.2008, p. 34.
( 2 ) See page 1 of this Official Journal.
( 3 ) OJ L 299, 23.11.1996, p. 1.
( 4 ) OJ L 64, 11.3.2011, p. 15.

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EN
2.10.2012 Official
Journal
of
the
European
Union L
267/163
(11) Pursuant
to
Regulation
(EC)
No
1334/2008
flavourings
CHAPTER II
and source materials listed in Article 9(b) to (f) not
included in the Union list may be placed on the
FLAVOURINGS AND SOURCE MATERIALS REFERRED TO IN
market as such and used in or on food until 18
ARTICLE 9(b) TO (f) OF REGULATION (EC) No 1334/2008
months after the date of application of the Union list.
Since flavourings and source materials listed in
Article 2
Article 9(b) to (f) of Regulation (EC) No 1334/2008
Date of application of Parts B to F of the Union list of
are already on the market in the Member States,
flavourings and source materials
provision should be made to ensure that the transition
to a Union authorisation procedure is smooth. To
For the purposes of the third paragraph of Article 30 in
increase legal certainty, a transitional period should be
conjunction with Article 10 of Regulation (EC) No 1334/2008,
provided also for food containing those flavourings and
Parts B to F of the Union list of flavourings and source materials
source materials.
set out in Annex I to that Regulation, shall apply from
22 October 2016.
(12) Article
30
of
Regulation
(EC)
No
1334/2008
specifies
that Articles 26 and 28 of Regulation (EC) No
1334/2008 concerning amendments to Council Regu
lation (EEC) No 1601/91 of 10 June 1991 laying
Article 3
down general rules on the definition, description and
presentation of aromatised wines, aromatised wine-
Time limit for submissions
based drinks and aromatised wine-product cocktails ( 5 )
and to Regulation (EC) No 110/2008 of the European
Interested parties shall submit applications for authorisation of
Parliament and of the Council of 15 January 2008 on
flavourings and source materials referred to in Article 9(b) to (f)
the definition, description, presentation, labelling and the
of Regulation (EC) No 1334/2008 placed on the market at the
protection of geographical indications of spirit drinks ( 6 )
time of entry into force of this Regulation to the Commission
are to apply from the date of application of the Union
in accordance with the Regulation (EC) No 1331/2008 at the
list. It is therefore appropriate to fix that date of appli
latest by 22 October 2015.
cation for the purposes of the fourth paragraph of
Article 30 of Regulation (EC) No 1334/2008.
(13) The
measures
provided
for
in
this
Regulation
are
in
Article 4
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health and
Transitional measure for food containing flavourings and
neither the European Parliament nor the Council have
source materials referred to in Article 9(b) to (f) of
opposed them,
Regulation (EC) No 1334/2008
Foods containing flavourings and source materials referred to in
Article 9(b) to (f) of Regulation (EC) No 1334/2008 which are
lawfully placed on the market or labelled prior to 22 April
HAS ADOPTED THIS REGULATION:
2018 but which do not comply with Parts B to F of Annex I
to Regulation (EC) No 1334/2008, may be marketed until their
date of minimum durability or use-by-date.
CHAPTER I
FLAVOURING SUBSTANCES REFERRED TO IN ARTICLE 9(a)
OF REGULATION (EC) No 1334/2008
CHAPTER III
Article 1
Transitional measures for food containing flavouring
FINAL PROVISIONS
substances
Article 5
Foods containing flavouring substances, which are lawfully
Amendments to Regulations (EEC) No 1601/91 and (EC)
placed on the market or labelled prior to 22 October 2014
No 110/2008
but which do not comply with Part A of Annex I to Regulation
(EC) No 1334/2008 may be marketed until their date of
For the purposes of the fourth paragraph of Article 30 of
minimum durability or use-by-date.
Regulation (EC) No 1334/2008, concerning amendments to
Regulations (EEC) No 1601/91 and (EC) No 110/2008, the
( 5 ) OJ L 149, 14.6.1991, p. 1.
date of application of the Union list of flavourings and source
( 6 ) OJ L 39, 13.2.2008, p. 16.
materials shall be 22 April 2013.

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L 267/164
EN
Official Journal of the European Union
2.10.2012
Article 6
Entry into force
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, 1 October 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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