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5.12.2012 Official
Journal
of
the
European
Union L
333/37
COMMISSION REGULATION (EU) No 1148/2012
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 sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol
alginate (E 405) in fermented grape must-based drinks
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
alginate (E 405) ( 4 ). Fermented grape must-based drinks
are alcoholic beverages which due to their properties are
comparable to other alcoholic beverages such as beer and
Having regard to the Treaty on the Functioning of the European
malt beverages. Consumption of these drinks can thus be
Union,
considered as an alternative to the consumption of other
alcoholic beverages, in particular beer and malt
Having regard to Regulation (EC) No 1333/2008 of the
beverages. The additional exposure to sulphur dioxide
European Parliament and of the Council of 16 December
— sulphites (E 220-228) and to propane-1, 2-diol
2008 on food additives (
alginate (E 405) based on this new use will remain

1 ), and in particular Article 10(3) and
Article 30(5) thereof,
limited and will not lead to an increase of the overall
intake. It is therefore appropriate to allow the use of
sulphur dioxide — sulphites (E 220-228) as preservatives
Whereas:
and of propane-1, 2-diol alginate (E 405) as a foam
stabiliser in fermented grape must-based drinks.
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
Union list of food additives approved for use in foods
and their conditions of use.
(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
(2) That
list
may
be
amended
in
accordance
with
the
the Union list of food additives set out in Annex II to
procedure referred to in Regulation (EC) No
Regulation (EC) No 1333/2008, except where the update
1331/2008 of the European Parliament and of the
in question is not liable to have an effect on human
Council of 16 December 2008 establishing a common
health. Since the authorisation of use of sulphur
authorisation procedure for food additives, food enzymes
dioxide — sulphites (E 220-228) as preservatives and
and food flavourings ( 2 ).
of propane-1, 2-diol alginate (E 405) as a foam stabiliser
in fermented grape must-based drinks constitutes an
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
update of that list which is not liable to have an effect
1333/2008, the Union list of food additives may be
on human health, it is not necessary to seek the opinion
updated either on the initiative of the Commission or
of the European Food Safety Authority.
following an application.
(4)
An application for authorisation of the use of sulphur
(8) Pursuant
to
the
transitional
provisions
of
Commission
dioxide — sulphites (E 220-228) and propane-1, 2-diol
Regulation (EU) No 1129/2011 ( 5 ) the list of food
alginate (E 405) was submitted on 30 June 2011 and has
additives set out in Annex II to Regulation (EC) No
been made available to the Member States.
1333/2008 applies in principle from 1 June 2013. In
order to allow the use of sulphur dioxide — sulphites
(E 220-228) and of propane-1, 2-diol alginate (E 405) in
(5) There
is
a
technological
need
for
the
use
of
sulphur
fermented grape must-based drinks before that date, it is
dioxide — sulphites (E 220-228) and propane-1, 2-diol
necessary to specify an earlier date of application with
alginate (E 405) in fermented grape must-based drinks.
regard to this use of those food additives.
Sulphur dioxide — sulphites (E 220-228) are added to
stop oxidation and inhibit the growth of micro-
organisms. It also prevents the growth of unwanted
yeasts during the second fermentation in bottles.
(9) Therefore,
Annex
II
to
Regulation
(EC)
No
1333/2008
Propane-1, 2-diol alginate (E 405) are added to stabilise
should be amended accordingly.
the foam, so that the carbon dioxide bubbles do not
dissipate, making for a creamier and longer-lasting head.
(10) The
measures
provided
for
in
this
Regulation
are
in
(6) Acceptable
daily
intakes
have
been
established
by
the
accordance with the opinion of the Standing
Scientific Committee for Food for sulphur dioxide —
Committee on the Food Chain and Animal Health and
sulphites (E 220-228) ( 3 ) and for propane-1, 2-diol
neither the European Parliament nor the Council has
opposed them,
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 4 ) http://ec.europa.eu/food/fs/sc/scf/reports/scf_reports_32.pdf
( 3 ) http://ec.europa.eu/food/fs/sc/scf/reports/scf_reports_35.pdf
( 5 ) OJ L 295, 12.11.2011, p. 1.

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L 333/38
EN
Official Journal of the European Union
5.12.2012
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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5.12.2012 Off
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008 the following entries are inserted in numerical order in food category 14.2.8 ‘Other alcoholic drinks including mixtures of alcoholic drinks with non-
alcoholic drinks and spirits with less than 15 % alcohol’:
‘E 220-228 Sulphur
dioxide
—
sulphites 20 (3) only
in
fermented
grape
must-based
drinks Period
of
application:
EN

From 25 December 2012.
E 405 Propane-1,
2-diol
alginate 100 only
in
fermented
grape
must-based
drinks Period
of
application:
From 25 December 2012.
(3): Maximum levels are expressed as SO 2 relate to the total quantity, available from all sources, an SO 2 content of not more than 10 mg/kg or 10 mg/l is not considered
to be present.’
icial
Jour
nal
of
the
European
Union
L
333/39

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