Commission Regulation (EU) 2022/63 of 14 January 2022 amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the food additive titanium dioxide (E 171) (Text with EEA relevance)

• CELEX: Regulation (EU) 2022/63
• Articles: 5

Article 1

Annexes II and III to Regulation (EC) No 1333/2008 are amended in accordance with the Annex to this Regulation.

Article 2

Until 7 August 2022, foods produced in accordance with the rules applicable before 7 February 2022 may continue to be placed on the market. After that date, they may remain on the market until their date of minimum durability or ‘use by’ date.

Article 3

The Commission shall, following consultation on the European Medicines Agency, review the necessity to maintain titanium dioxide (E 171) or to delete it from the Union list of food additives for the exclusive use as colour in medicinal products in Part B of Annex II to Regulation (EC) No 1333/2008 within three years after the date of entering into force of this Regulation.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

1.

Annex II to Regulation (EC) No 1333/2008 is amended as follows:

(a)

in point 2 of Part A, point 5 is replaced by the following:

‘5.

The colours E 123, E 127, E 160b(i), E 160b(ii), E 161g, E 171, E 173 and E 180 and mixtures thereof may not be sold directly to the consumer.’

(b)

in Part B, point 1 ‘Colours’ is amended as follows:

1.

the entry for the food additive E 171 (Titanium dioxide) is replaced by the following:

‘E 171

Titanium dioxide (**)’;

2.

the following footnote (**) is added after footnote (*):

‘(**)

Titanium dioxide is not authorised in the food categories listed in Part D and E. The substance is in list B1 because it is used in medicinal products in accordance with Directive 2009/35/EC of the European Parliament and of the Council ( OJ L 109, 30.4.2009, p. 10 ).’;

(c)

in Part C, point (2) ‘Group II: Food colours authorised at quantum satis ’, the entry for the food additive E 171 (Titanium dioxide) is deleted;

(d)

Part E is amended as follows:

1.

In category 04.2.4.1 (Fruit and vegetable preparations excluding compote), the entry concerning the food additive E 171 (Titanium dioxide) is deleted;

2.

In category 09.2 (Processed fish and fishery products including molluscs and crustaceans), the three entries concerning the food additive E 171 (Titanium dioxide) are deleted;

2.

In Part 1 of Annex III to Regulation (EC) No 1333/2008, the entry concerning the food additive E 555 (Potassium aluminium silicate) is replaced by the following:

‘E 555

Potassium aluminium silicate

90 % relative to the pigment

In E 172 iron oxides and hydroxides’.