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

• CELEX: Regulation (EU) 2024/238
• Articles: 4

Article 1 Amendments to Regulation (EC) No 1334/2008

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

Article 2 Transitional measures

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.

Article 3 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 .

Schedules & Appendices

ANNEX

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 .’