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)
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Address https://gelex.eu/eli/EU/regulation/2012/873@2012-10-01/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 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, and in particular Article 25(3) thereof,
Whereas:
(1) Article 9 of Regulation (EC) No 1334/2008 lays down the type of flavourings and source materials for which an evaluation and approval is required.
(2) Article 10 of Regulation (EC) No 1334/2008 provides that, of the flavourings and source materials referred to 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.
(3) Article 30 of Regulation (EC) No 1334/2008 specifies that Article 10 is to apply from 18 months after the date of application of the Union list.
(4) It is therefore appropriate to fix that date of application of the Union list for the purposes of third paragraph of Article 30 of Regulation (EC) No 1334/2008.
(5) As a first step, a Union list of flavouring substances referred to in point (a) of Article 9 of Regulation (EC) No 1334/2008 has been established by Commission Regulation (EU) No 872/2012 by introducing the list of flavouring substances referred to in Regulation (EC) No 2232/96 of the European Parliament and of the Council into Annex I to Regulation (EC) No 1334/2008 and by fixing the dates of application of that list.
(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 until 18 months after the date of application of the 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 authorisation procedure is smooth. To increase legal certainty, a transitional period should be provided also for food containing those flavouring substances.
(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 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 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings as to the data required and as to the content, drafting and presentation of the applications for authorisation of flavourings and source materials listed in Article 9(b) to (f) of Regulation (EC) No 1334/2008.
(8) In accordance with the objectives of Regulation (EC) No 1334/2008, in order to enhance legal certainty and non-discrimination it is appropriate to adopt transitional measures to allow the time for evaluation and authorisation of those flavourings and source materials.
(9) The date of application of Parts B to F of Annex I to 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 evaluation and authorisation of those flavourings and source materials.
(10) The interested parties should submit applications for authorisations within a set time limit as regards flavourings and source materials listed in Article 9(b) to (f) of Regulation (EC) No 1334/2008 that are currently placed on the market.
(11) Pursuant to Regulation (EC) No 1334/2008 flavourings and source materials listed in Article 9(b) to (f) not included in the Union list may be placed on the market as such and used in or on food until 18 months after the date of application of the Union list. Since flavourings and source materials listed in Article 9(b) to (f) of Regulation (EC) No 1334/2008 are already on the market in the Member States, provision should be made to ensure that the transition to a Union authorisation procedure is smooth. To increase legal certainty, a transitional period should be provided also for food containing those flavourings and source materials.
(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 Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails and to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks are to apply from the date of application of the Union list. It is therefore appropriate to fix that date of application 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 accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,
HAS ADOPTED THIS REGULATION:
CHAPTER I FLAVOURING SUBSTANCES REFERRED TO IN ARTICLE 9(a) OF REGULATION (EC) No 1334/2008
Article 1 Transitional measures for food containing flavouring substances
Foods containing flavouring substances, which are lawfully placed on the market or labelled prior to 22 October 2014 but which do not comply with Part A of Annex I to Regulation (EC) No 1334/2008 may be marketed until their date of minimum durability or use-by-date.
CHAPTER II FLAVOURINGS AND SOURCE MATERIALS REFERRED TO IN ARTICLE 9(b) TO (f) OF REGULATION (EC) No 1334/2008
Article 2 Date of application of Parts B to F of the Union list of flavourings and source materials
For the purposes of the third paragraph of Article 30 in conjunction with Article 10 of Regulation (EC) No 1334/2008, Parts B to F of the Union list of flavourings and source materials set out in Annex I to that Regulation, shall apply from 22 October 2016.
Article 3 Time limit for submissions
Interested parties shall submit applications for authorisation of flavourings and source materials referred to in Article 9(b) to (f) of Regulation (EC) No 1334/2008 placed on the market at the time of entry into force of this Regulation to the Commission in accordance with the Regulation (EC) No 1331/2008 at the latest by 22 October 2015.
Article 4 Transitional measure for food containing flavourings and source materials referred to in Article 9(b) to (f) of 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 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 III FINAL PROVISIONS
Article 5 Amendments to Regulations (EEC) No 1601/91 and (EC) No 110/2008
For the purposes of the fourth paragraph of Article 30 of Regulation (EC) No 1334/2008, concerning amendments to Regulations (EEC) No 1601/91 and (EC) No 110/2008, the date of application of the Union list of flavourings and source materials shall be 22 April 2013.
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
Versions
Cited by
- Commission Regulation (EU) 2018/1259 of 20 September 2018 amending Regulation (EU) No 873/2012 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 as regards the extension of the transition period of Article 4 concerning the flavouring grill flavour concentrate (vegetable) FL No 21.002 (Text with EEA relevance) Regulation · Grade B
Commission Regulation (EU) No 873/2012 laid down a number of transitional measures at the time of establishing the Union list of flavourings for the first time.
- Commission Regulation (EU) 2018/1259 of 20 September 2018 amending Regulation (EU) No 873/2012 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 as regards the extension of the transition period of Article 4 concerning the flavouring grill flavour concentrate (vegetable) FL No 21.002 (Text with EEA relevance) Regulation · Grade B
Regulation (EU) No 873/2012 laid down the deadline of 22 October 2015 for the submission of applications for flavourings and source materials referred to in Article 9(b) to (f) of Regulation (EC) No 1334/2008 under Regulation (EC) No 1331/2008. It also laid down a transitional period for the foods to which these flavourings were added, pending the evaluation of the submitted applications by the European Food Safety Authority (the Authority).
- Commission Regulation (EU) 2015/1102 of 8 July 2015 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances (Text with EEA relevance) Regulation · Grade B
Article 1 of Commission Regulation (EU) No 873/2012 lays down transitional measures for food containing flavouring substances which are lawfully placed on the market or labelled prior to 22 October 2014. Those transitional measures may not be sufficient for foods containing flavouring substances to be removed from the Union list after 22 October 2014. Therefore, an additional transitional period should be provided for food containing the five flavouring substances in order to enable food business operators to adapt to the requirements laid down in this Regulation.
- Commission Regulation (EU) 2016/178 of 10 February 2016 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances (Text with EEA relevance) Regulation · Grade B
Article 1 of Commission Regulation (EU) No 873/2012 laid down transitional measures for food containing flavouring substances which were lawfully placed on the market or labelled prior to 22 October 2014 in order to ensure a smooth transition in the market. An equivalent additional transitional period should be provided for food containing those five substances in order to enable food business operators to adapt to the requirements laid down in this Regulation.
- Council Decision (EU) 2017/1391 of 17 July 2017 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the modification of Annex V to that Agreement Decision · Grade B
Ukraine undertakes to approximate its legislation to the following Union legislation within the timeframes listed below, in accordance with Article 64(4) of this Agreement. Union legislation Deadline for approximation Chapter I — General legislation (public health) Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 2016 Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the orga
- Commission Regulation (EU) No 246/2014 of 13 March 2014 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances (Text with EEA relevance) Regulation · Grade B
Pursuant to Article 30 of 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 until 22 October 2014. Since flavouring substances are already on the market in the Member States and in order to ensure smooth transition to a Union authorisation procedure, transitional measures have been laid down for food containing those substances in Commission Regulation (EU) No 873/2012.
- Council Decision (EU) 2016/2354 of 12 December 2016 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, as regards the modification of Annex XI-B to that Agreement Decision · Grade B
In accordance with Article 55(4) of this Agreement, Georgia shall approximate its legislation to the following Union legislation within the timeframes as listed below. Union legislation Deadline for approximation Section 1 — Veterinary Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC 2015 Commission Regulation (EC) No 1505/2006 of 11 October 2006 implementing Council Regulation (EC) No 21/2004 as regards the minimum
- Council Decision (EU) 2016/877 of 23 May 2016 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Subcommittee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part Decision · Grade B
In accordance with Article 181(4) of this Agreement, the Republic of Moldova shall approximate its legislation to the following Union legislation within the timeframes as listed below. Union legislation Deadline for approximation Section 1 — General Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, with the exception of Articles 58, 59 and 62 2016 Commission Regulation (EC) No 1304/2003
- Commission Implementing Regulation (EU) No 872/2012 of 1 October 2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217/EC (Text with EEA relevance) Regulation · Grade B
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 until 18 months after the date of application of the Union list. Since flavouring substances are already on the market in the Member States, provisions have been made to ensure that the transition to a Union authorisation procedure is smooth. To this effect transitional periods have been laid down for food containing those flavouring substances in Commission Regulation (EU) No 873/2012.
- Commission Regulation (EU) 2018/1246 of 18 September 2018 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the inclusion of pyroligneous distillate in the Union list of flavourings (Text with EEA relevance) Regulation · Grade B
Commission Regulation (EU) No 873/2012 lays down transitional measures concerning the Union list of flavourings and source materials set out in Annex I of Regulation (EC) No 1334/2008.
- Council Decision 2019/1748 of 7 October 2019 on the position to be taken on behalf of the European Union within the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the modification of Annex V to Chapter 4 of that Agreement Act · Grade B
Ukraine undertakes to approximate its legislation to the following Union legislation with the deadlines for adoption as listed below, in accordance with Article 64(4) of this Agreement. Union legislation Deadline for adoption Chapter I – General legislation (public health) Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 2018 Council Directive No 97/78/EC of 18 December 1997 laying down the principles governi
- Council Decision (EU) 2023/187 of 23 January 2023 on the position to be adopted on behalf of the European Union within the Sanitary and Phytosanitary Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the modification of Annex XI-B to that Agreement Decision · Grade B
In accordance with Article 55(1) of this Agreement, Georgia shall approximate its legislation to the following Union legislation within the timeframes listed below. Union legislation Deadline for approximation Section 1 - Veterinary 1. Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97. 2015 2. Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 Ma
- Commission Regulation (EU) 2015/648 of 24 April 2015 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of the flavouring substance of N-Ethyl (2E,6Z)-nonadienamide (Text with EEA relevance) Regulation · Grade B
Article 1 of Commission Regulation (EU) No 873/2012 lays down transitional measures for food containing flavouring substances which are lawfully placed on the market or labelled prior to 22 October 2014. Those transitional measures may not be sufficient for foods containing flavouring substances to be removed from the Union list after 22 October 2014. Therefore, an additional transitional period should be provided for food containing N-Ethyl (2E,6Z)-nonadienamide in order to enable food business operators to adapt to the requirements laid down in this Regulation.