This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 20 January 2011.
Article 10 shall apply from 18 months after the date of application of the Community list.
Articles 26 and 28 shall apply from the date of application of the Community list.
Article 22 shall apply from 20 January 2009. Foods lawfully placed on the market or labelled prior to 20 January 2011 which do not comply with this Regulation may be marketed until their date of minimum durability or use-by-date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 December 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
B. LE MAIRE
(1)
OJ C 168, 20.7.2007, p. 34.
(2) Opinion of the European Parliament of 10 July 2007 (OJ C 175 E, 10.7.2008, p. 176), Council Common Position of 10 March 2008 (OJ C 111 E, 6.5.2008, p. 46). Position of the European Parliament of 8 July 2008 (not yet published) and Council Decision of 18 November 2008.
(3)
OJ L 184, 15.7.1988, p. 61.
(4)
OJ L 184, 15.7.1988, p. 67.
(5)
OJ L 42, 15.2.1991, p. 25.
(6)
OJ L 31, 1.2.2002, p. 1.
(7)
OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1.
(8) See page 1 of this Official Journal.
(9)
OJ L 299, 23.11.1996, p. 1.
(10)
OJ L 309, 26.11.2003, p. 1.
(11) See page 16 of this Official Journal.
(12)
OJ L 268, 18.10.2003, p. 1.
(13)
OJ L 109, 6.5.2000, p. 29.
(14)
OJ L 268, 18.10.2003, p. 24.
(15)
OJ L 184, 17.7.1999, p. 23.
(16)
OJ L 149, 14.6.1991, p. 1.
(17)
OJ L 39, 13.2.2008, p. 16.
(18)
OJ L 186, 30.6.1989, p. 21.
ANNEX I
Community list of flavourings and source materials approved for use in and on foods
ANNEX II
List of traditional food preparation processes
Chopping
Coating
Heating, cooking, baking, frying (up to 240 °C at atmospheric pressure) and pressure cooking (up to 120 °C)
Cooling
Cutting
Distillation/rectification
Drying
Emulsification
Evaporation
Extraction, incl. solvent extraction in accordance with Directive 88/344/EEC
Fermentation
Filtration
Grinding
Infusion
Maceration
Microbiological processes
Mixing
Peeling
Percolation
Pressing
Refrigeration/Freezing
Roasting/Grilling
Squeezing
Steeping
ANNEX III
Presence of certain substances
Part A: Substances which shall not be added as such to food
Agaric acid
Aloin
Capsaicin
1,2-Benzopyrone, coumarin
Hypericine
Beta-asarone
1-Allyl-4-methoxybenzene, estragole
Hydrocyanic acid
Menthofuran
4-Allyl-1,2-dimethoxybenzene, methyleugenol
Pulegone
Quassin
1-Allyl-3,4-methylene dioxy benzene, safrole
Teucrin A
Thujone (alpha and beta)
Part B: Maximum levels of certain substances, naturally present in flavourings and food ingredients with flavouring properties, in certain compound food as consumed to which flavourings and/or food ingredients with flavouring properties have been added
Name of the substance
Compound food in which the presence of the substance is restricted
Maximum level mg/kg
Beta-asarone
Alcoholic beverages
1,0
1-Allyl-4-methoxybenzene,
Estragol (*1)
Dairy products
50
Processed fruits, vegetables (incl. mushrooms, fungi, roots, tubers, pulses and legumes), nuts and seeds
50
Fish products
50
Non-alcoholic beverages
10
Hydrocyanic acid
Nougat, marzipan or its substitutes or similar products
50
Canned stone fruits
5
Alcoholic beverages
35
Menthofuran
Mint/peppermint containing confectionery, except micro breath freshening confectionery
500
Micro breath freshening confectionery
3 000
Chewing gum
1 000
Mint/peppermint containing alcoholic beverages
200
4-Allyl-1,2-dimethoxy-benzene,
Methyleugenol (*1)
Dairy products
20
Meat preparations and meat products, including poultry and game
15
Fish preparations and fish products
10
Soups and sauces
60
Ready-to-eat savouries
20
Non-alcoholic beverages
1
Pulegone
Mint/peppermint containing confectionery, except micro breath freshening confectionery
250
Micro breath freshening confectionery
2 000
Chewing gum
350
Mint/peppermint containing non-alcoholic beverages
20
Mint/peppermint containing alcoholic beverages
100
Quassin
Non-alcoholic beverages
0,5
Bakery wares
1
Alcoholic beverages
1,5
1-Allyl-3,4-methylene dioxy benzene, safrole (*1)
Meat preparations and meat products, including poultry and game
15
Fish preparations and fish products
15
Soups and sauces
25
Non-alcoholic beverages
1
Teucrin A
Bitter-tasting spirit drinks or bitter (1)
5
Liqueurs (2) with a bitter taste
5
Other alcoholic beverages
2
Thujone (alpha and beta)
Alcoholic beverages, except those produced from Artemisia species
10
Alcoholic beverages produced from Artemisia species
35
Non-alcoholic beverages produced from Artemisia species
0,5
Coumarin
Traditional and/or seasonal bakery ware containing a reference to cinnamon in the labelling
50
Breakfast cereals including muesli
20
Fine bakery ware, with the exception of traditional and/or seasonal bakery ware containing a reference to cinnamon in the labelling
15
Desserts
5
(*1) The maximum levels shall not apply where a compound food contains no added flavourings and the only food ingredients with flavouring properties which have been added are fresh, dried or frozen herbs and spices. After consultation with the Member States and the Authority, based on data made available by the Member States and on the newest scientific information, and taking into account the use of herbs and spices and natural flavouring preparations, the Commission, if appropriate, proposes amendments to this derogation.
(1) As defined in Annex II, paragraph 30 of Regulation (EC) No 110/2008.
(2) As defined in Annex II, paragraph 32 of Regulation (EC) No 110/2008.
ANNEX IV
List of source materials to which restrictions apply for their use in the production of flavourings and food ingredients with flavouring properties
Part A: Source materials which shall not be used for the production of flavourings and food ingredients with flavouring properties
Source material
Latin name
Common name
Tetraploid form of Acorus calamus L.
Tetraploid form of Calamus
Part B: Conditions of use for flavourings and food ingredients with flavouring properties produced from certain source materials
Source material
Conditions of use
Latin name
Common name
Quassia amara L. and
Picrasma excelsa (Sw)
Quassia
Flavourings and food ingredients with flavouring properties produced from the source material may only be used for the production of beverages and bakery wares
Laricifomes officinales (Vill.: Fr) Kotl. et Pouz
or
Fomes officinalis
White agaric mushroom
Flavourings and food ingredients with flavouring properties produced from the source material may only be used for the production of alcoholic beverages
Hypericum perforatum L.
St John’s wort
Teucrium chamaedrys L.
Wall germander
ANNEX V
Conditions for the production of thermal process flavourings and maximum levels for certain substances in thermal process flavourings
Part A: Conditions for the production
(a)
The temperature of the products during processing shall not exceed 180 °C.
(b)
The duration of the thermal processing shall not exceed 15 minutes at 180 °C with correspondingly longer times at lower temperatures, i.e. a doubling of the heating time for each decrease of temperature by 10 °C, up to a maximum of 12 hours.
(c)
The pH during processing should not exceed the value of 8,0.
Part B: Maximum levels for certain substances
Substance
Maximum levels µg/kg
2-amino-3.4,8-trimethylimidazo [4,5-f] quinoxaline (4,8-DiMeIQx)
50
2-amino-1-methyl-6-phenylimidazol [4,5-b]pyridine (PhIP)
50