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)
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 (EC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No
110/2008 and Directive 2000/13/EC (1), and in particular Articles 11(3) and
25(3) thereof,
Having regard to Regulation (EC) No 1331/2008 of the European Parliament
and of the Council of 16 December 2008 establishing a common authorisation
procedure for food additives, food enzymes and food flavourings (2), and in
particular Article 7(4) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 1334/2008 lays down a Union list of
flavourings and source materials approved for use in and on foods and their
conditions of use.
(2)
Commission Implementing Regulation (EU) No 872/2012 (3) adopts the list
of flavouring substances and introduces it in Annex I Part A to Regulation (EC)
No 1334/2008.
(3)
That list may be updated in accordance with the common procedure referred
to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of
the Commission or following an application submitted by a Member State or by an
interested party.
(4)
The Union list of flavourings and source materials contains a number of
substances for which the European Food Safety Authority has not completed the
evaluation or it has requested additional scientific data to be provided for
completion of the evaluation. For one of those substances, namely N-Ethyl
(2E,6Z)-nonadienamide, the persons responsible for placing this flavouring
substance on the market have now withdrawn the application. Therefore, that
flavouring substance should be removed from the Union list.
(5)
Part A of Annex I to Regulation (EC) No 1334/2008 should therefore be
amended accordingly.
(6)
Article 1 of Commission Regulation (EU) No 873/2012 (4) 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.
(7)
The measures provided for in this Regulation are in accordance with the
opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Part A of Annex I to Regulation (EC) No 1334/2008 is amended in
accordance with the Annex to this Regulation.
Article 2
Foods containing the flavouring substance N-Ethyl (2E,6Z)-nonadienamide
(FL No 16.094) which are lawfully placed on the market or labelled prior to 6
months after the date of entry into force of this Regulation 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.
Article 3
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, 24 April 2015.
For the Commission
The President
Jean-Claude JUNCKER
