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29.6.2012 Official
Journal
of
the
European
Union L
169/43
COMMISSION REGULATION (EU) No 570/2012
of 28 June 2012
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council as regards the use of benzoic acid — benzoates (E 210-213) in alcohol-free counterparts
of wine
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
counterparts does not substitute consumption of soft
drinks. The additional exposure to benzoic acid —
benzoates (E 210-213) based on this new use will
Having regard to the Treaty on the Functioning of the European
therefore remain limited and will not lead to exceedence
Union,
of the acceptable daily intake established by the Scientific
Committee for Food ( 3 ). It is therefore appropriate to
allow the use of benzoic acid — benzoates (E
Having regard to Regulation (EC) No 1333/2008 of the
210-213) for the preservation of alcohol-free
European Parliament and of the Council of 16 December
counterparts of wine.
2008 on food additives ( 1 ), and in particular Article 10(3) and
Article 30(5) thereof,
(7) Pursuant
to
Article
3(2)
of
Regulation
(EC)
No
1331/2008, the Commission is to seek the opinion of
Whereas:
the European Food Safety Authority in order to update
the Union list of food additives set out in Annex II to
Regulation (EC) No 1333/2008, except where the update
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
in question is not liable to have an effect on human
Union list of food additives approved for use in foods
health. Since the authorisation of use of benzoic acid
and their conditions of use.
— benzoates (E 210-213) for the preservation of
alcohol-free counterparts of wine constitutes an update
of that list which is not liable to have an effect on
(2) That
list
may
be
amended
in
accordance
with
the
human health, it is not necessary to seek the opinion
procedure referred to in Regulation (EC) No
of the European Food Safety Authority.
1331/2008 of the European Parliament and of the
Council of 16 December 2008 establishing a common
authorisation procedure for food additives, food enzymes
(8) Pursuant
to
the
transitional
provisions
of
Commission
and food flavourings ( 2 ).
Regulation (EU) No 1129/2011 of 11 November 2011
amending Annex II to Regulation (EC) No 1333/2008 of
the European Parliament and of the Council by estab
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
lishing a Union list of food additives ( 4 ), Annex II estab
1331/2008, the Union list of food additives may be
lishing the Union list of food additives approved for use
updated either on the initiative of the Commission or
in foods and conditions of use applies from 1 June 2013.
following an application.
In order to allow the use of benzoic acid — benzoates (E
210-213) in alcohol-free counterparts of wine before that
date, it is necessary to specify an earlier date of appli
(4) An
application
for
authorisation
of
the
use
of
benzoic
cation with regard to this use of that food additive.
acid — benzoates (E 210-213) as preservative in alcohol-
free counterparts of wine 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) These
alcohol-free
counterparts
of
wine
are
produced
by
removing the alcohol from the wine after fermentation.
(10) The
measures
provided
for
in
this
Regulation
are
in
In order to avoid secondary fermentation in the bottle,
accordance with the opinion of the Standing
sorbic acid — sorbates (E 200-203) are used and
Committee on the Food Chain and Animal Health and
subsequent pasteurisation is required. However, pasteur
neither the European Parliament nor the Council has
isation alters and degrades the natural fruit aromas and
opposed them,
flavours of the product. Addition of benzoates has a
synergistic effect with sorbates, allowing a better preser
vation and reducing the need to pasteurise.
HAS ADOPTED THIS REGULATION:
Article 1
(6) Alcohol-free
counterparts
of
wine
are
presented
and
marketed as alternative to wine to adults who choose
Annex II to Regulation (EC) No 1333/2008 is amended in
not to drink alcoholic beverages. Consumption of these
accordance with the Annex to this Regulation.
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 3 ) http://ec.europa.eu/food/fs/sc/scf/reports/scf_reports_35.pdf
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 4 ) OJ L 295, 12.11.2011, p. 1.

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L 169/44
EN
Official Journal of the European Union
29.6.2012
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, 28 June 2012.
For the Commission
The President
José Manuel BARROSO

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29.6.2012 Off
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008 the following entry is inserted in the food category 14.2.2 ‘Wine and other products defined by Regulation (EC) No 1234/2007, and alcohol-free
counterparts’ after the entry for E 200-203:
‘E 210-213 Benzoic
acid
—
benzoates 200 (1)
(2) only
alcohol-free Period
of
application:
From 19 July 2012’
EN

icial
Jour
nal
of
the
European
Union
L
169/45

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Document Outline

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