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8.12.2012 Official
Journal
of
the
European
Union L
336/75
COMMISSION REGULATION (EU) No 1166/2012
of 7 December 2012
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council as regards the use of dimethyl dicarbonate (E 242) in certain alcoholic drinks
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
use level of 250 mg/l it is unstable and breaks down in
substances the residues of which are considered harmless.
This implies that this use does not represent a hazard to
Having regard to the Treaty on the Functioning of the European
health. It is therefore appropriate to allow the use of
Union,
dimethyl dicarbonate (E 242) for the preservation of all
products belonging to category 14.2.8 (‘Other alcoholic
Having regard to Regulation (EC) No 1333/2008 of the
drinks including mixtures of alcoholic drinks with non-
European Parliament and of the Council of 16 December
alcoholic drinks and spirits with less than 15 % of alco
2008 on food additives ( 1 ), and in particular Article 10(3)
hol’).
thereof,
(7) Pursuant
to
Article
3(2)
of
Regulation
(EC)
No
Whereas:
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 dimethyl dicar
bonate (E 242) for the preservation of all products
(2) That
list
may
be
amended
in
accordance
with
the
belonging to category 14.2.8 constitutes an update of
procedure referred to in Regulation (EC) No
that list which is not liable to have an effect on
1331/2008 of the European Parliament and of the
human health, it is not necessary to seek the opinion
Council of 16 December 2008 establishing a common
of the European Food 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
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
amending Annex II to Regulation (EC) No 1333/2008 of
1331/2008, the Union list of food additives may be
the European Parliament and of the Council by estab
updated either on the initiative of the Commission or
lishing a Union list of food additives (
following an application.

4 ), Annex II estab

lishing the Union list of food additives approved for use
in foods and conditions of use applies from 1 June 2013.
(4) An
application
for
authorisation
of
the
use
of
dimethyl
In order to allow the use of dimethyl dicarbonate (E 242)
dicarbonate (E 242) to all products belonging to category
for the preservation of all products belonging to category
14.2.8 (‘Other alcoholic drinks including mixtures of
14.2.8 before that date, it is necessary to specify an
alcoholic drinks with non-alcoholic drinks and spirits
earlier date of application with regard to that food
with less than 15 % of alcohol’), was submitted on
additive.
4 October 2011 and has been made available to the
Member States.
(9) Therefore,
Annex
II
to
Regulation
(EC)
No
1333/2008
should be amended accordingly.
(5) Dimethyl
dicarbonate
(E
242)
is
used
for
cold
sterili
sation beverages. It acts against fungi and bacteria and
is in particular useful to limit pasteurisation. This use
(10) The
measures
provided
for
in
this
Regulation
are
in
allows an effective preservation of drinks without
accordance with the opinion of the Standing
altering their flavour and taste. In addition a limited
Committee on the Food Chain and Animal Health and
pasteurisation will be more cost effective and environ
neither the European Parliament nor the Council has
mental friendly. The substance is currently authorised for
opposed them,
use in several categories of alcoholic and non-alcoholic
beverages.
HAS ADOPTED THIS REGULATION:
(6) Dimethyl
dicarbonate
(E
242)
was
last
evaluated
by
the
Scientific Committee on Food in 2001 ( 3 ). The substance
Article 1
is considered to be of no toxicological concern as at the
Annex II to Regulation (EC) No 1333/2008 is amended in
accordance with the Annex to this Regulation.
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 3 ) SCF/CS/ADD/CONS/43 Final, 12 July 2001.
( 4 ) OJ L 295, 12.11.2011, p. 1.

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L 336/76
EN
Official Journal of the European Union
8.12.2012
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, 7 December 2012.
For the Commission
The President
José Manuel BARROSO

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8.12.2012 Off
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008 the entry for additive E 242 in food category 14.2.8 ‘Other alcoholic drinks including mixtures of alcoholic drinks with non-alcoholic drinks and spirits
with less than 15 % of alcohol’ is replaced by the following:
‘E 242 Dimethyl
dicarbonate 250 (24) Period
of
application:
EN
From 28 December 2012.’

icial
Jour
nal
of
the
European
Union
L
336/77

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Document Outline

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