HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 202/8
EN
Official Journal of the European Union
27.7.2013
COMMISSION REGULATION (EU) No 723/2013
of 26 July 2013
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 certain low fat meat and fish products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
for dried sausages and dehydrated meat). The allowed
maximum level of use of extracts of rosemary (E 392)
set according to the fat content in the respective food
categories does not ensure a sufficient protection of food
Having regard to the Treaty on the Functioning of the European
with low fat content since there is a critical minimum
Union,
dosage of this antioxidant to achieve the desired effect.
Currently, extracts of rosemary (E 392) could be used at
effective dosages in the products with a higher fat
Having regard to Regulation (EC) No 1333/2008 of the
content. However, also the low fat products could be
European Parliament and of the Council of 16 December
subject to severe oxidation due to a high proportion of
2008 on food additives ( 1 ), and in particular Article 10(3)
unsaturated fatty acids. Therefore, it is appropriate to set
thereof,
the maximum level of use of extracts of rosemary (E
392) at 15 mg/kg for products with a fat content not
higher than 10
% while maintaining the allowed
maximum level of 150 mg/kg expressed on fat basis
Whereas:
for the products with a fat content higher than 10 %.
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
Union list of food additives approved for use in foods
(6) In
2008
the
European
Food
Safety
Authority
(‘the
Auth
and their conditions of use.
ority’) evaluated the safety of extracts of rosemary (E
392) when used as a food additive ( 3 ) and concluded
that the proposed uses and use levels would not be of
safety concern. In a conservative estimate of dietary
(2) That
list
may
be
amended
in
accordance
with
the
exposure it was assumed by the Authority that the
common procedure referred to in Regulation (EC) No
extracts of rosemary would be used at the maximum
1331/2008 of the European Parliament and of the
level of use (i.e. at 150 mg/kg in processed meat,
Council of 16 December 2008 establishing a common
poultry and fish/seafood products) in all the proposed
authorisation procedure for food additives, food enzymes
foods in each food category. This assumption covered
and food flavourings ( 2 ).
also non-heat-treated and heat-treated processed meat
and processed fish and fishery products including
molluscs and crustaceans with a fat content not higher
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
than 10 %.
1331/2008, the Union list of food additives may be
updated either on the initiative of the Commission or
following an application.
(7) Pursuant
to
Article
3(2)
of
Regulation
(EC)
No
1331/2008, the Commission is to seek the opinion of
the Authority in order to update the Union list of food
(4)
An application for the authorisation of use of extracts of
additives set out in Annex II to Regulation (EC) No
rosemary (E 392) as an antioxidant in meat preparations,
1333/2008, except where the update in question is not
low fat non-heat-treated and heat-treated processed meat
liable to have an effect on human health. In view of the
and low fat processed fish and fishery products including
aforesaid Authority’s opinion of 2008, setting the
molluscs and crustaceans was submitted on 3 February
maximum level of use of extracts of rosemary (E 392)
2012 and has been made available to the Member States.
at 15
mg/kg for non-heat-treated and heat-treated
processed meat and processed fish and fishery products
including molluscs and crustaceans with a fat content not
(5) Antioxidants
are
substances
which
protect
food
against
higher than 10 % constitutes an update of that list which
deterioration caused by oxidation, such as fat rancidity
is not liable to have an effect on human health, therefore,
and colour changes. The current maximum levels of the
it is not necessary to seek the opinion of the Authority.
use of extracts of rosemary (E 392) authorised in
processed meat and processed fish and fishery products
including molluscs and crustaceans are set according to
the fat content in the respective food categories (except
(8) Following
the
above,
Annex
II
to
Regulation
(EC)
No
1333/2008 should be amended accordingly.
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 3 ) EFSA Journal (2008) 721, 1-29.

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EN
27.7.2013 Official
Journal
of
the
European
Union L
202/9
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health and neither the European Parliament nor the
Council has opposed them,
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, 26 July 2013.
For the Commission
The President
José Manuel BARROSO

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L 202/10
ANNEX
Part E of Annex II to Regulation (EC) No 1333/2008 is amended as follows:
(1) in food category 08.2.1 ‘Non-heat-treated processed meat’ the entry concerning the additive ‘E 392 — Extracts of rosemary — excluding dried sausages’ is replaced by the following:
‘E 392 Extracts
of
rosemary 15 (46) only
meat
with
a
fat
content
not
higher
than
10
%,
excluding
dried
sausages
EN

E 392 Extracts
of
rosemary 150 (41)
(46) only
meat
with
a
fat
content
higher
than
10
%,
excluding
dried
sausages’
(2) in food category 08.2.2 ‘Heat-treated processed meat’ the entry concerning the additive ‘E 392 — Extracts of rosemary — excluding dried sausages’ is replaced by the following:
‘E 392 Extracts
of
rosemary 15 (46) only
meat
with
a
fat
content
not
higher
than
10
%,
excluding
dried
sausages
E 392 Extracts
of
rosemary 150 (41)
(46) only
meat
with
a
fat
content
higher
than
10
%,
excluding
dried
sausages’
Off
icial
Jour
(3) in food category 09.2 ‘Processed fish and fishery products including molluscs and crustaceans’ the entry concerning the additive E 392 is replaced by the following:
nal
‘E 392 Extracts
of
rosemary 15 (46)
only fish and fishery products including molluscs and crustaceans with a fat
of
content not higher than 10 %
the
European
E 392 Extracts
of
rosemary 150 (41)
(46)
only fish and fishery products including molluscs and crustaceans with a fat
content higher than 10 %’
Union
27.7.2013

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Document Outline

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