Commission Regulation (EU) 2024/238 of 15 January 2024 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the introduction of restrictions on the use of certain flavouring substances

Amendments to Regulation (EC) No 1334/2008

Article 1

Annex I to Regulation (EC) No 1334/2008 is amended in accordance with the Annex to this Regulation.

Transitional measures

Article 2

1.   Foods to which any of the flavouring substances listed in the Annex to this Regulation have been added, which do not comply with the conditions set out in that Annex and which have been lawfully placed on the market before the entry into force of this Regulation may be marketed until their date of minimum durability or use-by date. 2.   Foods to which any of the flavouring substances listed in the Annex to this Regulation have been added, which do not comply with the conditions set out in that Annex and which have been imported into the Union from a third country may be marketed until their date of minimum durability or use-by date where the importer of such foods can demonstrate that they were dispatched from the third country concerned and were in transit to the Union before the entry into force of this Regulation. 3.   The transitional measures provided for in paragraphs 1 and 2 shall not apply to preparations, not intended to be consumed as such, to which any of the flavouring substances listed in the Annex to this Regulation has been added. 4.   For the purposes of this Regulation, preparations shall be understood as mixtures of one or more flavourings to which other food ingredients such as food additives, enzymes or carriers may be also incorporated to facilitate their storage, sale, standardisation, dilution or dissolution.

Entry into force

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 .

ANNEXSupplementary provisions

ANNEX Part A of Annex I to Regulation (EC) No 1334/2008 is amended as follows: (1) Section 1 is amended as follows: (a) the table containing the list of food categories is replaced with the following: ‘Category number Food Category 0. All categories of foods 01. Dairy products and analogues 01.1 Unflavoured pasteurised and sterilised (including UHT) milk 01.2 Unflavoured fermented milk products, including natural unflavoured buttermilk (excluding sterilised buttermilk) non-heat-treated after fermentation 01.3 Unflavoured fermented milk products, heat-treated after fermentation 01.4 Flavoured fermented milk products including heat-treated products 01.5 Dehydrated milk as defined by Directive 2001/114/EC 01.6 Cream and cream powder 01.6.1 Unflavoured pasteurised cream (excluding reduced fat creams) 01.6.2 Unflavoured live fermented cream products and substitute products with a fat content of less than 20 % 01.6.3 Other creams 01.7 Cheese and cheese products 01.7.1 Unripened cheese excluding products falling in category 16 01.7.2 Ripened cheese 01.7.3 Edible cheese rind 01.7.4 Whey cheese 01.7.5 Processed cheese 01.7.6 Cheese products (excluding products falling in category 16) 01.8 Dairy analogues, including beverage whiteners 01.9 Edible caseinates 02. Fats and oils and fat and oil emulsions 02.1 Fats and oils essentially free from water (excluding anhydrous milkfat) 02.2 Fat and oil emulsions mainly of type water-in-oil 02.2.1 Butter and concentrated butter and butter oil and anhydrous milkfat 02.2.2 Other fat and oil emulsions including spreads as defined by Regulation (EC) No 1234/2007 and liquid emulsions 02.3 Vegetable oil pan spray 03. Edible ices 04. Fruit and vegetables 04.1 Unprocessed fruit and vegetables 04.1.1 Entire fresh fruit and vegetables 04.1.2 Peeled, cut and shredded fruit and vegetables 04.1.3 Frozen fruit and vegetables 04.2 Processed fruit and vegetables 04.2.1 Dried fruit and vegetables 04.2.2 Fruit and vegetables in vinegar, oil, or brine 04.2.3 Canned or bottled fruit and vegetables 04.2.4 Fruit and vegetable preparations, excluding products covered by 5.4 04.2.4.1 Fruit and vegetable preparations excluding compote 04.2.4.2 Compote, excluding products covered by category 16 04.2.5 Jam, jellies and marmalades and similar products 04.2.5.1 Extra jam and extra jelly as defined by Directive 2001/113/EC 04.2.5.2 Jam, jellies and marmalades and sweetened chestnut puree as defined by Directive 2001/113/EC 04.2.5.3 Other similar fruit or vegetable spreads 04.2.5.4 Nut butters and nut spreads 04.2.6 Processed potato products 05. Confectionery 05.1 Cocoa and chocolate products as covered by Directive 2000/36/EC 05.2 Other confectionery including breath refreshening microsweets 05.3 Chewing gum 05.4 Decorations, coatings and fillings, except fruit based fillings covered by category 4.2.4 06. Cereals and cereal products 06.1 Whole, broken, or flaked grain 06.2 Flours and other milled products and starches 06.2.1 Flours 06.2.2 Starches 06.3 Breakfast cereals 06.4 Pasta 06.4.1 Fresh pasta 06.4.2 Dry pasta 06.4.3 Fresh pre-cooked pasta 06.4.4 Potato gnocchi 06.4.5 Fillings of stuffed pasta (ravioli and similar) 06.5 Noodles 06.6 Batters 06.7 Pre-cooked or processed cereals 07. Bakery wares 07.1 Bread and rolls 07.1.1 Bread prepared solely with the following ingredients: wheat flour, water, yeast or leaven, salt 07.1.2 Pain courant français; Friss búzakenyér, fehér és félbarna kenyerek 07.2 Fine bakery wares 08. Meat 08.1 Fresh meat, excluding meat preparations as defined by Regulation (EC) No 853/2004 08.2 Meat preparations as defined by Regulation (EC) No 853/2004 08.3 Meat products 08.3.1 Non-heat-treated meat products 08.3.2 Heat-treated meat products 08.3.3 Casings and coatings and decorations for meat 08.3.4 Traditional and traditionally cured meat products with specific provisions concerning nitrites and nitrates 08.3.4.1 Traditional immersion cured products (Meat products cured by immersion in a curing solution containing nitrites and/or nitrates, salt and other components) 08.3.4.2 Traditional dry cured products. (Dry curing process involves dry application of curing mixture containing nitrites and/or nitrates, salt and other components to the surface of the meat followed by a period of stabilisation/maturation) 08.3.4.3 Other traditional and traditionally cured products (including immersion and dry cured processes used in combination or where nitrite and/or nitrate is included in a compound product or where the curing solution is injected into the product prior to cooking) 09. Fish and fisheries products 09.1 Unprocessed fish and fisheries products 09.1.1 Unprocessed fish 09.1.2 Unprocessed molluscs and crustaceans 09.2 Processed fish and fishery products including mollusks and crustaceans 09.3 Fish roe 10. Eggs and egg products 10.1 Unprocessed eggs 10.2 Processed eggs and egg products 11. Sugars, syrups, honey and table-top sweeteners 11.1 Sugars and syrups as defined by Directive 2001/111/EC 11.2 Other sugars and syrups 11.3 Honey as defined in Directive 2001/110/EC 11.4 Table-top sweeteners 11.4.1 Table-top sweeteners in liquid form 11.4.2 Table-top sweeteners in powder form 11.4.3 Table-top sweeteners in tablets 12. Salts, spices, soups, sauces, salads and protein products 12.1 Salt and salt substitutes 12.1.1 Salt 12.1.2 Salt substitutes 12.2 Herbs, spices, seasonings 12.2.1 Herbs and spices 12.2.2 Seasonings and condiments 12.3 Vinegars and diluted acetic acid (diluted with water to 4–30 % by volume) 12.4 Mustard 12.5 Soups and broths 12.6 Sauces 12.7 Salads and savoury based sandwich spreads 12.8 Yeast and yeast products 12.9 Protein products, excluding products covered in category 1.8 13. Foods intended for particular nutritional uses as defined by Directive 2009/39/EC 13.1 Foods for infants and young children 13.1.1 Infant formulae as defined by Commission Directive 2006/141/EC  ( 1 ) 13.1.2 Follow-on formulae as defined by Directive 2006/141/EC 13.1.3 Processed cereal-based foods and baby foods for infants and young children as defined by Commission Directive 2006/125/EC  ( 2 ) 13.1.4 Other foods for young children 13.1.5 Dietary foods for infants and young children for special medical purposes as defined by Commission Directive 1999/21/EC  ( 3 ) and special formulae for infants 13.1.5.1 Dietary foods for infants for special medical purposes and special formulae for infants 13.1.5.2 Dietary foods for babies and young children for special medical purposes as defined in Directive 1999/21/EC 13.2 Dietary foods for special medical purposes defined in Directive 1999/21/EC (excluding products from food category 13.1.5) 13.3 Dietary foods for weight control diets intended to replace total daily food intake or an individual meal (the whole or part of the total daily diet) 13.4 Foods suitable for people intolerant to gluten as defined by Commission Regulation (EC) No 41/2009  ( 4 ) 14. Beverages 14.1 Non-alcoholic beverages 14.1.1 Water, including natural mineral water as defined in Directive 2009/54/EC and spring water and all other bottled or packed waters 14.1.2 Fruit juices as defined by Directive 2001/112/EC and vegetable juices 14.1.3 Fruit nectars as defined by Directive 2001/112/EC and vegetable nectars and similar products 14.1.4 Flavoured drinks 14.1.5 Coffee, tea, herbal and fruit infusions, chicory; tea, herbal and fruit infusions and chicory extracts; tea, plant, fruit and cereal preparations for infusions, as well as mixes and instant mixes of these products 14.1.5.1 Coffee, coffee extracts 14.1.5.2 Other 14.2 Alcoholic beverages, including alcohol-free and low-alcohol counterparts 14.2.1 Beer and malt beverages 14.2.2 Wine and other products defined in Part II of Annex VII to Regulation (EU) No 1308/2013 14.2.3 Cider and perry 14.2.4 Fruit wine and made wine 14.2.5 Mead 14.2.6 Spirit drinks as defined in Regulation (EU) 2019/787 14.2.7 Aromatised wine products as defined by Regulation (EU) No 251/2014 14.2.7.1 Aromatised wines 14.2.7.2 Aromatised wine-based drinks 14.2.7.3 Aromatised wine-product cocktails 14.2.8 Other alcoholic beverages including mixtures of alcoholic beverages with non-alcoholic beverages and other alcoholic beverages based on distilled alcohol with alcoholic strength by volume less than 15 % 15. Ready-to-eat savouries and snacks 15.1 Potato-, cereal-, flour- or starch-based snacks 15.2 Processed nuts 16. Desserts excluding products covered in categories 1, 3 and 4 17. Food supplements as defined in Directive 2002/46/EC 17.1 Food supplements supplied in a solid form, excluding food supplements for infants and young children 17.2 Food supplements supplied in a liquid form, excluding food supplements for infants and young children 18. Processed foods not covered by categories 1 to 17, excluding foods for infants and young children (b) under Column 8 (footnotes), the following footnote is added: ‘( 5 ) additional scientific data shall be submitted in a timeframe agreed with the Commission Services, for the evaluation to be completed by the Authority.’ (2) in Table 1 in Section 2, entries 05.062, 05.099 and 05.100 are replaced by the following: ‘05.062 2-Phenylcrotonaldehyde 4411-89-6 1474 670     In category 1.4 – not more than 0,50 mg/kg   In category 1.7 – not more than 1,40 mg/kg   In category 1.8 – not more than 1,30 mg/kg   In category 2.1, 2.2, 2.3 – not more than 1,60 mg/kg   In category 3.0 – not more than 1,15 mg/kg   In category 4.2 – not more than 0,05 mg/kg   In category 4.2.2 – not more than 0,20 mg/kg   In category 4.2.5 – not more than 0,30 mg/kg   In category 5.1 – not more than 2,00 mg/kg   In category 5.2 – not more than 2,00 mg/kg   In category 5.3 – not more than 2,00 mg/kg   In category 5.4 – not more than 1,10 mg/kg   In category 6.3 – not more than 2,00 mg/kg   In category 6.4 – not more than 0,04 mg/kg   In category 6.6 – not more than 0,30 mg/kg   In category 6.7 – not more than 0,60 mg/kg   In category 7.1 – not more than 2,00 mg/kg   In category 7.2 – not more than 2,00 mg/kg   In category 8.2, 8.3 – not more than 0,80 mg/kg   In category 9.2, 9.3 – not more than 0,50 mg/kg   In category 10.2, – not more than 0,20 mg/kg   In category 11.2 – not more than 1,5 mg/kg   In category 12.2 – not more than 0,60 mg/kg   In category 12.3 – not more than 1,80 mg/kg   In category 12.4 – not more than 0,20 mg/kg   In category 12.5 – not more than 0,40 mg/kg   In category 12.6 – not more than 1,90 mg/kg   In category 12.7 – not more than 0,20 mg/kg   In category 12.9 – not more than 2,00 mg/kg   In category 13.2, 13.3, 13.4 – not more than 2,00 mg/kg   In category 14.1 – not more than 2,00 mg/kg   In category 14.2.1 – not more than 0,20 mg/kg   In category 14.2.2 – not more than 0,30 mg/kg   In category 14.2.5 – not more than 0,50 mg/kg   In category 14.2.6 – not more than 1,50 mg/kg   In category 15.0 – not more than 2,00 mg/kg   In category 16 – not more than 2,00 mg/kg   In category 18.0 – not more than 0,40 mg/kg 5 EFSA 05.099 5-Methyl-2-phenylhex-2-enal 21834-92-4 1472 10365     In category 1.4 – not more than 5,00 mg/kg   In category 1.7 – not more than 3,20 mg/kg   In category 1.8 – not more than 5,00 mg/kg   In category 2.1, 2.2, 2.3 – not more than 5,00 mg/kg   In category 3.0 – not more than 5,00 mg/kg   In category 4.2 – not more than 1,10 mg/kg   In category 4.2.2 – not more than 0,50 mg/kg   In category 4.2.5 – not more than 2,70 mg/kg   In category 5.1 – not more than 5,00 mg/kg   In category 5.2 – not more than 5,00 mg/kg   In category 5.3 – not more than 5,00 mg/kg   In category 5.4 – not more than 5,00 mg/kg   In category 6.3 – not more than 2,10 mg/kg   In category 6.4 – not more than 0,30 mg/kg   In category 6.6 – not more than 3,00 mg/kg   In category 6.7 – not more than 0,06 mg/kg   In category 7.1 – not more than 5,00 mg/kg   In category 7.2 – not more than 5,00 mg/kg   In category 8.2, 8.3 – not more than 0,20 mg/kg   In category 9.2, 9.3 – not more than 5,00 mg/kg   In category 10.2 – not more than 0,50 mg/kg   In category 11.1 – not more than 2,40 mg/kg   In category 11.2 – not more than 5 mg/kg   In category 11.4 – not more than 0,02 mg/kg   In category 12.2 – not more than 5,00 mg/kg   In category 12.3 – not more than 3,00 mg/kg   In category 12.4 – not more than 5,00 mg/kg   In category 12.5 – not more than 0,20 mg/kg   In category 12.6 – not more than 1,60 mg/kg   In category 12.7 – not more than 0,60 mg/kg   In category 12.9 – not more than 5,00 mg/kg   In category 13.2, 13.3, 13.4 – not more than 1,10 mg/kg   In category 14.1 – not more than 5,00 mg/kg   In category 14.2.1 – not more than 1,25 mg/kg   In category 14.2.2 – not more than 5,00 mg/kg   In category 14.2.5 – not more than 5,00 mg/kg   In category 14.2.6 – not more than 5,00 mg/kg   In category 15.0 – not more than 5,00 mg/kg   In category 16 – not more than 5,00 mg/kg   In category 17 – not more than 5,00 mg/kg   In category 18.0 – not more than 2,30 mg/kg 5 EFSA 05.100 4-Methyl-2-phenylpent-2-enal 26643-91-4 1473 10366     In category 1.4 – not more than 0,60 mg/kg   In category 1.7 – not more than 5,00 mg/kg   In category 1.8 – not more than 0,50 mg/kg   In category 2.1, 2.2, 2.3 – not more than 5,00 mg/kg   In category 3.0 – not more than 0,60 mg/kg   In category 4.2 – not more than 0,09 mg/kg   In category 4.2.2 – not more than 1,50 mg/kg   In category 4.2.5 – not more than 0,20 mg/kg   In category 5.1 – not more than 2,00 mg/kg   In category 5.2 – not more than 5,00 mg/kg   In category 5.3 – not more than 5,00 mg/kg   In category 5.4 – not more than 5,00 mg/kg   In category 6.3 – not more than 5,00 mg/kg   In category 6.4 – not more than 1,50 mg/kg   In category 6.6 – not more than 3,00 mg/kg   In category 6.7 – not more than 0,20 mg/kg   In category 7.1 – not more than 5,00 mg/kg   In category 7.2 – not more than 5,00 mg/Kg   In category 8.2, 8.3 – not more than 1,50 mg/kg   In category 9.2, 9.3 – not more than 1,50 mg/kg   In category 10.2 – not more than 1,50 mg/kg   In category 11.2 – not more than 0,10 mg/kg   In category 12.2 – not more than 0,90 mg/kg   In category 12.3 – not more than 1,50 mg/kg   In category 12.4 – not more than 1,50 mg/kg   In category 12.5 – not more than 0,80 mg/kg   In category 12.6 – not more than 1,50 mg/kg   In category 12.7 – not more than 1,50 mg/kg   In category 12.9 – not more than 5,00 mg/kg   In category 13.2, 13.3, 13.4 – not more than 5,00 mg/kg   In category 14.2.1 – not more than 0,08 mg/kg   In category 14.2.2 – not more than 0,08 mg/kg   In category 14.2.5 – not more than 0,08 mg/kg   In category 14.2.6 – not more than 0,08 mg/kg   In category 15.0 – not more than 1,8 mg/kg   In category 16 – not more than 4,00 mg/kg   In category 17 – not more than 0,60 mg/kg’ 5 EFSA ( 1 )    OJ L 401, 30.12.2006, p. 1 . ( 2 )    OJ L 339, 6.12.2006, p. 16 . ( 3 )    OJ L 91, 7.4.1999, p. 29 . ( 4 )    OJ L 16, 21.1.2009, p. 3 .’