{"change_dates":[],"dossier":{"amendments":[{"authors":"John Bowis, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-24","justification":"There is evidence that a herb does not display the same toxicological effect of concern as an\nindividual component within. Setting maximum levels for such components may lead to\nincreased use of herb extracts, and questions remain as to whether this will provide greater\nconsumer protection.","location":[["","Recital 6"]],"meps":[4527,4319],"meta":{"created":"2020-01-20T00:23:01"},"new":["(6) Raw foodstuffs which have not","undergone any processing treatment and","non-compound foodstuffs such as spices,","herbs, teas and infusions (e.g. fruit or","herbal tea) as well as mixtures of spices","and/or herbs, mixtures of tea and mixtures","for infusion do not fall within the scope of","this Regulation."],"old":["(6) Raw foodstuffs which have not","undergone any processing treatment and","non-compound foodstuffs such as spices,","herbs, teas and infusions (e.g. fruit or","herbal tea) as well as mixtures of spices","and/or herbs, mixtures of tea and mixtures","for infusion, as long as they are consumed","as such and/or not added to the food, do","not fall within the scope of this Regulation."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-25","justification":" This amendment has been agreed by the Parliament at the first reading. The duplication of\n approval procedures should be avoided. The rapporteur believes that consistent approach\n across three regulations affecting flavourings, additives and enzymes is needed.","location":[["","Recital 23"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:02"},"new":["(23) A flavouring or a source material","which falls under the scope of Regulation","(EC) No 1829/2003 of the European","Parliament and of the Council of 22","September 2003 on genetically modified","food and feed should be authorised","according to that Regulation as well as","under this Regulation."],"old":["(23) A flavouring or a source material","which falls within the scope of Regulation","(EC) No 1829/2003 of the European","Parliament and of the Council of 22","September 2003 on genetically modified","food and feed should be subject to the","authorisation procedure under that","Regulation with regard to the safety","assessment of the genetic modification,","","while the final authorisation of the","flavouring or source material should be","granted under this Regulation."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Avril Doyle, Fran\u00e7oise Grosset\u00eate, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-26","justification":" Reintroduces amendment from the first reading. Any GM product used for the production of\n a flavouring already approved and included in the list of approved flavourings must also be\n approved in accordance with Regulation 1829/2003.","location":[["","Recital 23"]],"meps":[4382,2025,4319],"meta":{"created":"2020-01-20T00:23:02"},"new":["(23) A flavouring or a source material","which falls within the scope of Regulation","(EC) No 1829/2003 of the European","Parliament and of the Council of 22","September 2003 on genetically modified","food and feed2 should be authorised","according to that Regulation as well as","under this Regulation."],"old":["(23) A flavouring or a source material","which falls within the scope of Regulation","(EC) No 1829/2003 of the European","Parliament and of the Council of 22","September 2003 on genetically modified","food and feed2 should be subject to the","authorisation procedure under that","Regulation with regard to the safety","assessment of the genetic modification,","while the final authorisation of the","flavouring or source material should be","granted under this Regulation."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"John Bowis, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-27","justification":"This amendment reinstates the Parliament's position at First Reading and complements the\nwording of Amendment 14 by the Rapporteur.","location":[["","Article 2 - paragraph 2 - point (c)"]],"meps":[4527,4319],"meta":{"created":"2020-01-20T00:23:03"},"new":["(c) non-compound foods and mixtures","such as, but not exclusively, fresh dried or","frozen spices and/or herbs, mixtures of tea","and mixtures for infusion as such."],"old":["(c) non-compound foods and mixtures of","spices and/or herbs, mixtures of tea and","mixtures for infusion as such as long as","they have not been used as food","ingredients."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Carl Schlyter, Bart Staes","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-28","justification":"Amendment agreed by Parliament at first reading (amendment 52). Labelling provisions\nshould be clarified regarding enzymes produced from or by GMOs. This is in line with the\nconcept of \u201clast living organism\u201d ruling the labelling provisions of Regulation 1829/2003/EC\non GM food and feed.","location":[["","Article 3 - paragraph 2 - point (j a) (new)"]],"meps":[28139,4751],"meta":{"created":"2020-01-20T00:23:03"},"new":["(ja) \"produced by GMOs\" shall mean","derived by using a GMO as the last living","organism in the production process, but","not containing or consisting of GMOs nor","produced from GMOs;"],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-29","justification":" This amendment has been agreed by the Parliament at the first reading. The duplication of\n approval procedures should be avoided. The rapporteur believes that consistent approach\n across three regulations affecting flavourings, additives and enzymes is needed.","location":[["","Article 12"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:04"},"new":["A flavouring or source material falling","within the scope of Regulation (EC) No","1829/2003 and not already included in the","Community list in Annex I to this","Regulation may be included in that list in","accordance with this Regulation only if it is","covered by an authorisation in accordance","with Regulation (EC) No 1829/2003."],"old":["A flavouring or source material falling","within the scope of Regulation (EC) No","1829/2003 may be included in the","Community list in Annex I in accordance","with this Regulation only when it is","covered by an authorisation in accordance","with Regulation (EC) No 1829/2003."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Avril Doyle, Fran\u00e7oise Grosset\u00eate, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-30","justification":"Reintroduces amendment 41 from the first reading. Any GM product used for the production\nof a flavouring already approved and included in the list of approved flavourings must also\nbe approved in accordance with Regulation 1829/2003.","location":[["","Article 12"]],"meps":[4382,2025,4319],"meta":{"created":"2020-01-20T00:23:04"},"new":["A flavouring or source material falling","within the scope of Regulation (EC) No","1829/2003 and not already included in the","Community list in Annex I to this","Regulation may be included in that list in","accordance with this Regulation only if it is","covered by an authorisation in accordance","with Regulation (EC) No 1829/2003."],"old":["A flavouring or source material falling","within the scope of Regulation (EC) No","1829/2003 may be included in the","Community list in Annex I in accordance","with this Regulation only when it is","covered by an authorisation in accordance","with Regulation (EC) No 1829/2003."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Edite Estrela","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-31","justification":"Amendment 26, adopted by Parliament at first reading, is intended to ensure traceability and\nshould be applied to the provisions on labelling of Directive 2000/13/EC as regards the final\nconsumer. It follows that the operator should be established in the EU.","location":[["","Article 15 - paragraph 1 - point (f)"]],"meps":[28310],"meta":{"created":"2020-01-20T00:23:05"},"new":["(f) the name or business name and address","of the manufacturer, packager or seller","established in the Community;"],"old":["(f) the name or business name and address","of the manufacturer, packager or seller;"],"orig_lang":"pt","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-32","justification":" In contrast to the Commission amended proposal (24/10/07)the Common position does not\n foresee the possibility to include information on flavouring or other substances referred to in\n this Article and listed in Annex III a to Directive 2000/13/EC (i.e. allergen labelling), in the\n accompanying documents. The Rapporteur proposes to extend the possibility to give certain\n information on the documents relating to the consignment of containers of flavourings not\n intended for sale to the final consumer.","location":[["","Article 15 - paragraph 2"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:05"},"new":["2. By way of derogation from paragraph 1,","the information required in points (e), (g)","and (j) of that paragraph may appear","merely on the documents relating to the","consignment which are to be supplied with","or prior to the delivery, provided that the","indication \u201cnot for retail sale\u201d appears on","an easily visible part of the packaging or","container of the product in question."],"old":["2. By way of derogation from paragraph 1,","the information required in points (e) and","(g) of that paragraph may appear merely on","the documents relating to the consignment","which are to be supplied with or prior to","the delivery, provided that the indication","\"not for retail sale\" appears on an easily","visible part of the packaging or container","of the product in question."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-33","justification":" The Council common position does not provide for the possibility of including in the attached\n documentation information on other substances present in flavourings. However, it does\n provide for the mandatory inclusion in the labelling of flavouring ingredients which are not\n important for the final food product. The industry proposes including this information in the\n attached technical documentation.","location":[["","Article 15 - paragraph 2"]],"meps":[4319],"meta":{"created":"2020-01-20T00:23:06"},"new":["2. By way of derogation from paragraph 1,","the information required in points (e), (g)","and (j) of that paragraph may appear","merely on the documents relating to the","consignment which are to be supplied with","or prior to the delivery, provided that the","indication \"not for retail sale\" appears on","an easily visible part of the packaging or","container of the product in question."],"old":["2. By way of derogation from paragraph 1,","the information required in points (e) and","(g) of that paragraph may appear merely on","the documents relating to the consignment","which are to be supplied with or prior to","the delivery, provided that the indication","\"not for retail sale\" appears on an easily","visible part of the packaging or container","of the product in question."],"orig_lang":"es","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-34","justification":"This amendment has been agreed by the Parliament at the first reading. The Rapporteur\nbelieves that there should be no restriction to the 5% of the flavouring component derived\nfrom other source material as long as other source materials are also natural, and hence the\ntotal 100% is obtained from natural sources.","location":[["","Article 16 - paragraph 4 - subparagraph 1"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:06"},"new":["4. The term \"natural\" may only be used in","combination with a reference to a food,","food category or a vegetable or animal","flavouring source if the flavouring","component has been obtained exclusively","or by at least 95% by w/w from the source","material referred to."],"old":["4. The term \"natural\" may only be used in","combination with a reference to a food,","food category or a vegetable or animal","flavouring source if the flavouring","component has been obtained exclusively","or by at least 95% by w/w from the source","material referred to. The maximum of 5%","(w/w) of the flavouring component","derived from other source materials shall","not reproduce the flavour of the source","material referred to."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Grosset\u00eate, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-35","justification":" The restriction applying to the flavouring profile of 5% added from other natural sources is\n not in line with usual practice and would necessitate the redesign of numerous flavourings\n present on the market. In many cases, any such redesign would inevitably lower the final\n quality of the flavouring.","location":[["","Article 16 - paragraph 4 - subparagraph 1"]],"meps":[2025,4319],"meta":{"created":"2020-01-20T00:23:06"},"new":["4. The term \"natural\" may only be used in","combination with a reference to a food,","food category or a vegetable or animal","flavouring source if the flavouring","component has been obtained exclusively","or by at least 95% by w/w from the source","material referred to."],"old":["4. The term \"natural\" may only be used in","combination with a reference to a food,","food category or a vegetable or animal","flavouring source if the flavouring","component has been obtained exclusively","or by at least 95% by w/w from the source","material referred to. The maximum of 5%","(w/w) of the flavouring component","derived from other source materials shall","not reproduce the flavour of the source","","material referred to."],"orig_lang":"es","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-36","justification":" This amendment was adopted by Parliament at the first reading. The rapporteur proposes its\n reinstatement.","location":[["","Article 16 - paragraph 6"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:07"},"new":["6. The term \"natural flavouring\" may only","be used if the flavouring component is","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste, and","in the circumstances described in","paragraphs 4 and 5."],"old":["6. The term \"natural flavouring\" may only","be used if the flavouring component is","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Grosset\u00eate, Pilar Ayuso","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-37","justification":"Reintroduces amendment 43 from the first reading. The use of term 'natural flavouring' may\nnot be limited to the cases as described under Article 16(6).","location":[["","Article 16 - paragraph 6"]],"meps":[2025,4319],"meta":{"created":"2020-01-20T00:23:07"},"new":["6. The term \"natural flavouring\" may only","be used if the flavouring component is","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste, and","in the circumstances described in","paragraphs 4 and 5."],"old":["6. The term \"natural flavouring\" may only","be used if the flavouring component is","","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"John Bowis, David Martin","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-38","justification":"Terms such as \"Natural strawberry flavour with other natural flavours\" are lengthy and can\nbe confusing for consumers. There should be some flexibility to use the shorter term -\n\"Natural flavouring\".","location":[["","Article 16 - paragraph 6"]],"meps":[4527,1403],"meta":{"created":"2020-01-20T00:23:07"},"new":["6.The term \"natural flavouring\" may only","be used if the flavouring component is","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste, and","in the circumstances described in","paragraph 5."],"old":["6. The term \"natural flavouring\" may only","be used if the flavouring component is","derived from different source materials and","where a reference to the source materials","would not reflect their flavour or taste."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-39","justification":" The aim of this amendment is to adapt the new spirit drinks regulation (EC) No 110/2008. It\n replaces the Common position text adapting the old regulation (EEC) No 1576/89.","location":[["","Article 26 Regulation (EEC) No 1576/89"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:08"},"new":["Amendment to Regulation (EC) No","110/2008","Regulation (EC) No 110/2008 is hereby","amended as follows:","1. In Article 5(2), point (c) shall be","replaced by the following:","\"(c) contain flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and flavouring","preparations as defined in Article 3(2)(d)","of that Regulation;\".","2. In Article 5(3), point (c) shall be","replaced by the following:","\u201c(c) contain one or more flavourings as","defined in Article 3(2)(a) of Regulation","(EC) No \u2026/\u2026*;\u201d","3. In Annex I, point (9) shall be replaced","by the following:","\u201c(9) Flavouring","Flavouring means using in the","preparation of a spirit drink one or more","of the flavourings defined in Article","3(2)(a) of Regulation (EC) No \u2026/\u2026*.\u201d","4. Annex II shall be amended as follows:","(a) Point 19(c) shall be replaced by the","following:","\"(c) Other flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026 of the European","Parliament and of the Council of ... on","flavourings and/or flavouring","preparations as defined in Article 3(2)d of","that Regulation, and/or aromatic plants or","parts of aromatic plants may be used in","addition, but the organoleptic","characteristics of juniper must be","discernible, even if they are sometimes","attenuated;\"","(b) Point 20(c) shall be replaced by the","following:","\"(c) Only flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation shall be used for the","production of gin so that the taste is","predominantly that of juniper;\"","(c) Point 21(a) (ii) shall be replaced by the","following:","\"(ii) the mixture of the product of such","distillation and ethyl alcohol of","agricultural origin with the same","composition, purity and alcoholic","strength; flavouring substances and/or","flavouring preparations as specified in","category 20(c) may also be used to flavour","distilled gin.\"","(d) Point 23(c) shall be replaced by the","following:","\"(c) Other flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation may additionally be","used but there must be a predominant","taste of caraway.\"","(e) Point 24(c) shall be replaced by the","following:","\"(c) Other flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation may additionally be","used, but the flavour of these drinks is","largely attributable to distillates of","caraway (Carum carvi L.) and/or dill","(Anethum graveolens L.) seeds, the use of","essential oils being prohibited.\"","(f) Point 30(a) shall be replaced by the","following:","\" (a) Bitter-tasting spirit drinks or bitter","are spirit drinks with a predominantly","bitter taste produced by flavouring ethyl","alcohol of agricultural origin with","flavouring substances as defined in","Article 3(2)(b) of Regulation (EC) No","\u2026/\u2026* and/or flavouring preparations as","defined in Article 3(2)(d) of that","Regulation.\"","(g) In point 32(c), the first subparagraph","and the introductory part of the second","subparagraph shall be replaced by the","following:","\" (c) Flavouring substances as defined in","Article 3(2)(b) of Regulation (EC) No","\u2026/\u2026* and the flavouring preparations as","defined in Article 3(2)(d) of that","Regulation may be used in the","preparation of liqueur. However, only","natural flavouring substances as defined","in Article 3(2)(c) of Regulation (EC)","No \u2026/\u2026\u2217 and flavouring preparations as","defined in Article 3(2)(d) of that","Regulation shall be used in the","preparation of the following liqueurs:\"","(h) Point 41(c) shall be replaced by the","following:","\"(c) Only flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and flavouring","preparations as defined in Article 3(2)(d)","of that Regulation may be used in the","preparation of egg liqueur or advocaat or","avocat or advokat.\"","(i) Point 44(a) shall be replaced by the","following:","\"(a) V\u00e4kev\u00e4 gl\u00f6gi or spritgl\u00f6gg is a spirit","drink produced by flavouring ethyl","alcohol of agricultural origin with flavour","of cloves and/or cinnamon using one of","the following processes: maceration and/","or distillation, redistillation of the alcohol","in the presence of parts of the plants","specified above, addition of flavouring","substances as defined in Article 3(2)(b) of","Regulation (EC) No \u2026/\u2026\u2217 and","flavouring preparations as defined in","Article 3(2)(d) of that Regulation of cloves","or cinnamon or a combination of these","methods.\"","(j) Point 44(c) shall be replaced by the","following:","\u201c(c) Other flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026* and flavouring","preparations as defined in Article 3(2)(d)","of that regulation may also be used, but","the flavour of the specified spices must be","predominant.\u201c","(k) In point (c) of paragraphs 25, 26, 27,","28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 42,","43, 45 and 46, the word \"preparations\"","shall be replaced by \"flavouring","preparations\"."],"old":["Amendment to Regulation (EEC) No","1576/89","","Regulation (EEC) No 1576/89 is hereby","amended as follows:","","1. Article 1(4)(m) shall be amended as","follows:","","(a) In point (1)(a), the second","subparagraph shall be replaced by the","following:","\"Other flavouring substances as defined","in Article 3(2)(b) of Regulation (EC) No","\u2026/\u2026 of the European Parliament and of","the Council of ... on flavourings and","certain food ingredients with flavouring","properties for use in and on foods1, and/or","aromatic plants or parts of aromatic","plants may be used in addition, but the","","","organoleptic characteristics of juniper","must be discernible, even if they are","sometimes attenuated;","(b) Point 2(a) shall be replaced by the","following:","","\"The drink may be called \"gin\" if it is","produced by flavouring organoleptically","suitable ethyl alcohol of agricultural","origin with flavouring substances as","defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026\u2217\u2217 and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation so that the taste is","predominantly that of juniper;\"","","(c) In point 2(b), the first subparagraph","shall be replaced by the following:","","\"The drink may be called \"distilled gin\"","if it is produced solely by redistilling","organoleptically suitable ethyl alcohol of","agricultural origin of an appropriate","quality with an initial alcoholic strength","of at least 96 % vol. in stills traditionally","used for gin, in the presence of juniper","berries and of other natural botanicals","provided that the juniper taste is","predominant. The term \"distilled gin\"","may also apply to a mixture of the product","of such distillation and ethyl alcohol of","agricultural origin with the same","composition, purity and alcoholic","strength. Flavouring substances and/or","flavouring preparations, both of which","are specified in (a), may also be used to","flavour distilled gin. London gin is a type","of distilled gin.\"","","2. In Article 1(4)(n)(1), the second","subparagraph shall be replaced by the","following:","","\"Other flavouring substances as defined","in Article 3(2)(b) of Regulation (EC) No","\u2026/\u2026* and/or flavouring preparations as","defined in Article 3(2)(d) of that","","","Regulation may additionally be used but","there must be a predominant taste of","caraway.\"","","3. In Article 1(4)(p), the first","subparagraph shall be replaced by the","following:","","\"Spirit drinks with a predominantly bitter","taste produced by flavouring ethyl alcohol","of agricultural origin with flavouring","substances as defined in Article 3(2)(b) of","Regulation (EC) No \u2026/\u2026 and/or","flavouring preparations as defined in","Article 3(2)(d) of that Regulation.\"","4. In Article 1(4)(u), the first","subparagraph shall be replaced by the","following:","","\"A spirit drink produced by flavouring","ethyl alcohol of agricultural origin with","flavouring of cloves and/or cinnamon","using one of the following processes:","maceration and/ or distillation,","redistillation of the alcohol in the","presence of parts of the plants specified","above, addition of flavouring substances","as defined in Article 3(2)(b) of Regulation","(EC) No \u2026/\u2026 of cloves or cinnamon or a","combination of these methods.\"","","5. In Article 4(5), the first and second","paragraphs, excluding the lists in points","(a) and (b), shall be replaced by the","following:","","\"Only natural flavouring substances and","flavouring preparations as defined in","Article 3(2)(c) and (d) of Regulation (EC)","No \u2026/\u2026 may be used in the preparation","of the spirit drinks defined in Article 1(4),","except in the case of those defined in","Article 1(4)(m), (n) and (p). However,","flavouring substances as defined in","Article 3(2)(b) of Regulation (EC) No","","","\u2026/\u2026 shall be authorised in liqueurs","except those mentioned below:\"."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Horst Schnellhardt, Christa Kla\u00df","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-40","justification":"The deletion of the category \u201cnature-identical\u201c category must allow the producers of the\ntraditional spirits aquavit and v\u00e4kev\u00e4 gl\u00f6gi to only use natural flavouring substances for the\nsake of their quality image. Regarding the latter, flavouring substances and preparations\nmust be allowed.","location":[["","Article 26a (new)"],[" Regulation (EC) No 110/2008","Annex II"]],"meps":[1930,1929],"meta":{"created":"2020-01-20T00:23:08"},"new":["Article 26a","Amendment to Regulation (EC) No","110/2008","Annex II of Regulation (EC) No 110/2008","shall be amended as follows:","1. Point 24(c) shall be replaced by the","following:","\u201c(c) Other natural flavouring substances","as defined in Article 3(2)(c) of Regulation","(EC) No \u2026/\u2026H and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation may additionally be","used, but the flavour of these drinks is","largely attributable to distillates of","caraway (Carum carvi L.) and/or dill","(Anethum graveolens L.) seeds, the use of","essential oils being prohibited.\u201c","2. Point 44(a) shall be replaced by the","following:","\u201c(a) V\u00e4kev\u00e4 gl\u00f6gi or spritgl\u00f6gg is a spirit","drink produced by flavouring ethyl","alcohol of agricultural origin with natural","flavouring of cloves and/or cinnamon","using one of the following processes:","maceration and/ or distillation,","redistillation of the alcohol in the","presence of parts of the plants specified","above, addition of flavouring substances","as defined in Article 3(2)(c) of Regulation","(EC) No \u2026/\u2026H of cloves or cinnamon or a","combination of these methods.\u201d","3. Point 44(c) shall be replaced by the","following:","\u201c(c) Other flavourings, flavouring","substances and/or flavouring preparations","as defined in Article 3(2)(a), (b), and (d)","of Regulation (EC) No \u2026/\u2026H may also be","used, but the flavour of the specified","spices must be predominant.\u201d"],"old":[""],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Niels Busk","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-41","justification":" The definition of aquavit in the old regulation 1576/89 as well as in the new 110/2008 permits\n the use of \u201cnatural and nature-identical\u201d flavourings. With the abolishment of the concept of\n nature-identical flavourings, the aquavit definition should not be extended to allow all\n flavourings, but instead restricted to only natural flavourings, in line with traditional\n practices and the request of the industry.","location":[["","Article 26a (new)"],["Regulation (EC) No 110/2008","Annex II"]],"meps":[4442],"meta":{"created":"2020-01-20T00:23:09"},"new":["Article 26a","Amendment to Regulation (EC) No","110/2008","In Annex II of Regulation (EC) No","110/2008, point 24(c) shall be replaced by","the following:","\u201c(c) Other natural flavouring substances","as defined in Article 3(2)(c) of Regulation","(EC) No \u2026/\u2026H and/or flavouring","preparations as defined in Article 3(2)(d)","of that Regulation may additionally be","used, but the flavour of these drinks is","largely attributable to distillates of","caraway (Carum carvi L.) and/or dill","(Anethum graveolens L.) seeds, the use of","essential oils being prohibited.\u201c"],"old":[""],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":[" Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-42","justification":" The Community list of flavourings (\u201cthe list of flavouring substances referred to in Article\n 2(2) of Regulation 2232/96\u201d) should only be adopted after the completion of the evaluation\n program. Since the evaluation is not completed and since it is unlikely that the program will\n be finalised by the end of 2008 or even 2009, the postponement of the publication and\n adoption of the Community list for at least 2 years seems justified.","location":[["","Article 28"],[" Regulation (EC) No 2232/96","Article 5 - paragraph 1"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:09"},"new":["1. The list of flavouring substances referred","to in Article 2(2) shall be adopted in","accordance with the procedure referred to","in Article 7 by 31 December 2010 at the","latest."],"old":["1. The list of flavouring substances referred","to in Article 2(2) shall be adopted in","accordance with the procedure referred to","in Article 7 by 31 December 2008 at the","latest."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mojca Dr\u010dar Murko","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-43","justification":"This amendment was not tabled at the first reading. It concerns the processes when smoke\ncondensates are used in an alternative smoking process which besides flavour also influences\ncolour, consistency and preservation of foods. The Rapporteur believes that it should be\ntabled for the second reading as findings of the EFSA, issued on 29 June 2007, confirmed that\nthe use of smoke flavourings is generally considered to be of less health concern than the\ntraditional smoking process.","location":[["","Article 29"],["Directive 2000/13/EC","Annex III - paragraph 1 - indent 2"]],"meps":[28305],"meta":{"created":"2020-01-20T00:23:09"},"new":["\"smoke flavouring(s)\" if the flavouring","component contains flavourings as defined","in Article 3(2) (f) of Regulation (EC) No",".../...* and is used or mixed internally to","impart a smoky flavour to the food. A","designation in the list of ingredients is not","required when the approved smoke","product is used on the surface of the food","product in the smoking process to obtain a","smoke colour, texture and flavour."],"old":["\"smoke flavouring(s)\" if the flavouring","component contains flavourings as defined","in Article 3 (2) (f) of Regulation (EC) No",".../...* and imparts a smoky flavour to the","food."],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Carl Schlyter, Bart Staes","changes":{},"committee":["ENVI"],"compromise":["Council common position \u2013 amending act"],"date":"2008-04-07T00:00:00","id":"PE404.638-44","justification":" Amendment agreed by Parliament at first reading (amendment 38). Labelling provisions\n should be clarified regarding enzymes produced from or by GMOs. This is in line with the\n concept of \u201clast living organism\u201d ruling the labelling provisions of Regulation 1829/2003/EC\n on GM food and feed.","location":[["","Article 29"],["Directive 2000/13/EC","Annex III - paragraph 2 a (new)"]],"meps":[28139,4751],"meta":{"created":"2020-01-20T00:23:10"},"new":["2a. For flavourings produced from a","source material falling within the scope of","Regulation (EC) No 1829/2003, the","indication \"produced from GMOs\" shall","appear on the label.","For flavourings produced by an organism","falling within the scope of Regulation","(EC) No 1829/2003, no specific labelling","shall be required."],"old":["",""],"orig_lang":"en","peid":"PE404.638v01-00","reference":"2006/0147(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.638+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-10T01:34:33":[{"data":[{"body":"EC","commission":[{"Commissioner":"VASSILIOU Androulla","DG":{"title":"Health and Consumers","url":"http://ec.europa.eu/dgs/health_consumer/index_en.htm"}}],"date":"2006-07-28T00:00:00","docs":[{"celexid":"CELEX:52006PC0427:EN","text":["
PURPOSE : to\n lay down rules on flavourings and food ingredients with flavouring properties\n for use in and on foods to ensure the effective functioning of the internal\n market and a high level of human health protection and consumer protection.
PROPOSED ACT :\n Regulation of the European Parliament and of the Council.
CONTENT : the\n European Commission has adopted a package of legislative proposals which aim\n to introduce harmonised EU legislation on food enzymes and upgrade current\n rules for flavourings and additives (refer to COD/2006/0144 and COD/2006/0145).
The texts aim\n to clarify and update current legislation in this area and to create a\n simplified common approval procedure for food additives, flavourings and\n enzymes, based on scientific opinions from the European Food Safety Authority\n (EFSA) (refer also COD/2006/143).
At present, Council\n Directive 88/388/EEC sets out the definition of flavourings, general rules\n for their use, requirements for labelling and maximum levels for substances\n which raise concern for human health. It provides that Community Legislation\n relating to flavourings should take account primarily of human health\n requirements. However, the Directive needs to be substantially amended, to\n take into account technological and scientific developments in the area of\n flavourings. In addition, as a result of the adoption of Regulation 178/2002/EC\n laying down the general principles and requirements of food law, establishing\n the European Food Safety Authority (EFSA) and laying down procedures in matters\n of food safety, certain provisions need to be adapted and others need to be\n newly introduced.
In the\n interest of clarity and efficiency Directive 88/388/EEC shall be replaced by the\n present proposal.
This\n Regulation provides for:
- a Community\n list of flavourings and source materials approved for use in and on foods,\n set out in Annex I (‘the Community list’);
- conditions\n of use of flavourings and food ingredients with flavouring properties in and\n on foods;
- rules on\n labelling of flavourings.
Lastly, the\n new legislation proposed sets out clearer rules on maximum levels for\n undesirable substances, in line with EFSA opinions. Definitions of\n flavourings (e.g. flavouring substance, flavouring preparation, thermal\n process flavouring) are clarified and stricter conditions are also introduced\n for the use of the term “natural” when describing flavourings. Consumers must\n be informed if the smoky taste of food is due to the presence of smoke\n flavourings.
For more details of the financial implications of this proposal,\n please refer to the financial statement.
\nIn adopting the report drafted by Ms Mojca\n Drčar Murko (ALDE, SI), the Committee on the Environment, Public Health and Food Safety amended in first reading the proposal for\n a Regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties\n for use in and on foods and amending Council Regulation (EEC) No 1576/89,\n Council Regulation (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive\n 2000/13/EC.
The main amendments are as follows:
- scope: the Committee amended Art 2.1(a) to read as\n follows: ‘flavourings which are used or intended to\n be used in or on foods, without prejudice to more specific provisions laid\n down in Regulation (EC) No 2065/2003’. It considers that, in the interest of consistency and clarity, all legislation relating\n to the safety and use of flavourings should be within the scope of this\n Regulation. Smoke flavourings are already specifically regulated under\n Regulation (EC) No 2065/2003.
It also amended the wording of Article 2.1(c) to ensure that foods containing flavourings and/or food\n ingredients with flavouring properties are covered because the Commission’s\n wording would have excluded from the scope food containing only\n flavourings and food containing only food ingredients with flavouring\n properties. The purpose of extending the scope of the\n Regulation to include food ingredients with flavouring properties is to\n assist in the control of biologically active principles (certain substances\n naturally present in flavourings and food ingredients with flavouring\n properties). Should certain naturally occurring undesirable substances raise\n scientifically justified concern for the health of consumers, maximum levels\n can be set by the Commission following EFSA's opinion.
The Committee considered it useful to amend Art 2.2.(b) regarding\n raw or non-compound foods and provide examples, since\n it remains unclear to what extent, for example, herbal and fruit teas and\n traditional spice mixtures would fall within the Regulation's scope.
Because the proposal does not mention the\n possibility of adding food and/or food additives to flavourings even though\n additives and food are necessary for the storage and use of flavourings and\n for dissolving and diluting these products, the Committee added a new Article\n 3.2(a) to allow for this (in many cases, flavourings are compounded to\n contain food ingredients as part of the flavouring, e.g. cheese powder in a\n cheese and onion flavouring).
- definitions: as the Committee considered that the\n definition of 'other flavouring' required clarification, it amended Article\n 3.2(h) to read as follows: ‘flavouring not elsewhere\n specified’ shall mean a flavouring added or intended to be added to food in\n order to impart odour and/or taste and which does not fall under the\n definitions 3.2(b) to (g).
The definition of a ‘food ingredient’ (Art 3.2(i) was amended to restrict the scope of the regulation to those food ingredients\n with flavouring properties which are considered to contribute significantly\n to intake.
MEPs adopted an amendment whereby the term ‘natural’ may only be\n used in combination with a reference to a food, food category or a vegetable\n or animal flavouring source if at least 95% [by w/w] of the flavouring\n component has been obtained from the source material referred to. This was\n because the proposed text could give consumers the\n impression that the flavouring was obtained primarily from the majority\n component referred to, whereas in fact the remaining 10% was obtained from\n entirely different ingredients. Rather than the Commission’s proposed ratio\n of 90/10, MEPs in the Committee consider it should be 95/5.
- GMOs: The Committee amended Article 15.1 to ensure that\n labelling of flavourings intended for sale to the final consumer is also done\n in accordance with Directive 89/396/EEC concerning the lot and with GMO\n Regulation (EC) No 1829/2003, where appropriate, for the labelling of food\n flavourings containing, consisting of or produced from GMOs, in addition to\n Directive 2000/13/EC, as proposed by the Commission. MEPs also added a new\n paragraph toArt 22 concerning Annex III clarifying labelling\n provisions regarding flavourings produced from or by GMOs. This is in line\n with the concept of 'last living organism' governing the labelling provisions\n of Regulation (EC) No 1829/2003 on GM food and feed.
- traceability: Article 13.1(b) has\n been amended to ensure better traceability by specifying that the business\n operator must be established within the EU.
- precautionary principle: MEPs consider that the\n precautionary principle should be in the centre of the risk assessment of\n food enzymes and to this end amended Article 4(a).
- reporting: in relation to Article 16, the Committee\n believes that reports on annual amounts of every flavouring substance added\n to foods and use levels for each category will be extremely difficult to\n collect, as the flavouring supplier will not necessarily know in which food\n categories a flavouring is to be used, nor will he know the exact dosage\n used. Therefore such information is unlikely to assist in intake assessment\n or safety evaluation. Instead, a producer or user of a flavouring substance\n shall inform the Commission immediately of any new scientific or technical\n information which is known and accessible to him which might affect the\n assessment of the safety of the flavouring substance. In addition, the food\n industry user of the flavouring containing the flavouring substance and the\n producer of the flavouring shall in cooperation, at the request of the\n Commission, inform it of the actual use of the flavouring substance. The\n information provided in this context shall be treated as confidential data.
- comitology: in several articles of this draft regulation,\n the Committee amended provisions to align the text to\n the provisions of the new comitology decision (Decision 2006/512/EC) which\n lays down the procedures for the exercise of\n implementing powers conferred on the Commission.
In the sixth recital, the Committee makes specific reference to\n the need, where possible, for attention to be given\n to whether or not there could be any negative consequences of flavourings for\n vulnerable groups, including the development of taste preferences in\n children. It also adds that misleading the consumer includes, but is not\n limited to, issues related to the nature, freshness, quality of ingredients\n used, the naturalness of a product or of the production process, or the\n nutritional quality of the product.
\nPending the European\n Parliament first reading opinion, the Council reached general approaches on\n three draft Regulations concerning: common authorisation procedure; food\n additives; food enzymes. It took note of a progress report regarding a draft\n Regulation on flavourings.
\nThe European\n Parliament adopted a resolution drafted by Mojca Drcar Murko (ALDE, SI),\n and made some amendments to the Commission’s proposal. Parliament felt that\n the use of flavourings should be permitted where they do not, on the basis of\n the scientific evidence available and the precautionary principle, pose a\n safety concern to the health of the consumer. Their use must have advantages\n and benefits for the consumer, and there must be a reasonable technological\n need. The main amendments were as follows:
- the\n precautionary principle introduced stricter conditions of use;
- a new part recital\n states that attention should be given to whether or not there could be any\n negative consequences for vulnerable groups, including the development of\n taste preferences in children, in the use of flavourings and food ingredients\n with flavouring properties;
- Parliament added that misleading the consumer includes,\n but is not limited to, issues related to the nature, freshness, quality of\n ingredients used, the naturalness of a product or of the production process,\n or the nutritional quality of the product;
- food\n flavourings should remain subject to the general labelling obligations as\n provided for in Directive 2000/13/EC and, where appropriate, in Regulation\n (EC) No 1829/2003. In addition, specific provisions on labelling of\n flavourings sold as such to the manufacturer or to the final consumer should\n be included in this Regulation;
- where\n necessary, it may be decided in accordance with the regulatory procedure with\n scrutiny whether or not a given substance or mixture of substances, material\n or type of food falls within the scope of the Regulation. On several issues,\n detailed implementing rules are to be adopted in accordance with the\n regulatory procedure with scrutiny;
- Parliament\n amended the definitions of \"flavouring substance\" \"flavouring\n not elsewhere specified \", food ingredient with flavouring\n properties\", \"appropriate physical process\", and added a\n definition for \"produced by GMOs\";
- when there\n is a justified scientific concern that certain substances, naturally present\n in flavourings and food ingredients with flavouring properties, in compound\n foods may pose a safety concern to the health of the consumer, the Commission\n may, on its own initiative or on the basis of information provided by Member\n States, and following the opinion of the Authority, set maximum levels for\n these substances. By way of derogation, the maximum levels shall not apply\n where a compound food contains no added flavourings and the only food\n ingredients with flavouring properties which have been added are fresh, dried\n or frozen herbs and spices;
- Parliament\n clarified that a flavouring or source material falling within the scope of\n Regulation (EC) No 1829/2003 and not already included in the Community list\n in Annex I may be included in that list in accordance with this Regulation\n only if it is covered by an authorisation in accordance with Regulation (EC)\n No 1829/2003;
- labelling\n must contain where appropriate , the indication \"produced from\n GMOs\"
- the term\n \"natural\" may only be used in combination with a reference to a\n food, food category or a vegetable or animal flavouring source if at least\n 95% (and not 90% as proposed by the Commission) of the flavouring component\n has been obtained from the source material referred to;
-better\n traceability is ensured by specifying that the seller must be established\n within the EU;
- a producer\n or user of a flavouring substance shall inform the Commission immediately of\n any new scientific or technical information which is known and accessible to\n him which might affect the assessment of the safety of the flavouring\n substance. The food industry user of the flavouring containing the flavouring\n substance and the producer of the flavouring shall in cooperation, at the\n request of the Commission, inform it of the actual use of the flavouring\n substance. The information provided in this context shall be treated as\n confidential data;
- for\n flavourings produced from a source material falling under the scope of\n Regulation (EC) No 1829/2003, the indication \"produced from GMOs\"\n shall appear on the label. For flavourings produced by an organism falling\n under the scope of Regulation (EC) No 1829/2003, no specific labelling shall\n be required;
- flavourings\n and food placed lawfully on the market before the date of application of the\n Regulation may continue to be used until stocks have been exhausted.
Lastly,\n Parliament made some amendments for the sake of clarity and precision.
\nTo recall, the\n European Parliament adopted 43 amendments to the original proposal, of which\n many were accepted. 19 amendments were not.
Technical/editorial\n amendments: Most of the amendments proposed by\n Parliament (in this case 19) seek to improve the proposal from a technical\n and editorial point of view. In such cases the Commission has amended its\n initial proposal accordingly.
Legal\n basis: The Commission has decided to delete\n Article 37 of the TEU as the legal basis for the Regulation, as proposed by\n Parliament.
Comitology: The Commission has agreed to align the implementing powers with\n Decision 2006/512/EC (regulatory procedure with scrutiny) in cases where\n scrutiny is required.
Definitions: On the question of definitions, the Commission has decided not to\n accept amendments that i) change the definition of flavouring properties that\n contribute significantly to the presence of the substances in Annex\n III part B; ii) to change the term other flavourings to flavourings\n not elsewhere specified and iii) to restrict the production of flavouring\n substances to appropriate natural processes or chemical synthesis.
Prohibition\n of non-compliant flavourings: The Commission has\n accepted an amendment specifying that food additives and enzymes that do not\n conform with the provisions of the proposed Regulation should not be placed\n on the market.
General\n conditions of use: The Commission has accepted\n proposed amendments that clarify provisions that seek to prevent the consumer\n from being mislead. However, amendments that would require the use of\n flavourings needing to have an advantage plus consumer benefit linked to\n technological need have been rejected. Further, amendments requiring the\n authorisation of flavourings to be based on the precautionary principle have\n been rejected given that such provisions are already set out in the General\n Food Law Regulation.
Presence of\n certain substances: The Commission has decided\n not to accept an amendment concerning the maximum limits for substances of\n toxicological concern in Annex III part B. Similarly, an amendment that\n introduces a blank Annex III part B has been rejected.
Proposed\n Regulation’s relation with GM food and feed: \n The Commission has decided to endorse an amendment stating that GMO\n procedures should run simultaneously. The proposed definition “produced by\n GMO’s” has been rejected though on the ground that should such a definition\n be needed it should be covered by Regulation (EC) No 1829/2003.
Labelling: The Commission has decided to accept an amendment regarding the\n labelling of natural flavourings from 90% to 95% when referring to a natural\n sources. On the other hand, it rejected an amendment which required that for\n trade between food\n business operators, an address in the EU should be provided. This is not\n accepted as it could lead to barriers to trade with third countries. The description of smoke flavourings has not been accepted on the\n grounds that it could be misleading to the consumer. The labelling of\n flavourings obtained from GMO’s should be covered by Regulation 1829/2003 and\n not by this Regulation. On a final point, the Commission has decided to\n accept Parliamentary proposals to simplify labelling provisions for additives\n and enzymes sold from business to business or to the final consumer.
Food\n business operator reporting: The Commission has\n decided to accept an amendment requiring producers to inform the Commission\n immediately of any new scientific or technical information which might affect\n the assessment of the safety of flavouring substances. The requirement that\n “information which is known and accessible to him” be provided is not,\n however, accepted as this restricts the responsibility of the producer.
\nThe Council\n has introduced a number of modifications to the text of the initial proposal\n with many of these based on amendments proposed by the European Parliament.\n Some of the Parliamentary amendments were introduced by Council on its own\n initiative. Of the 43 amendments proposed by Parliament, the Council has\n decided to adopt either in principle or in full, 27 amendments.
In summary,\n the modifications made by Council are as follows:
A single\n legal base: accepting Parliamentary suggestions,\n the Council has decided to retain Article 96 of the TEU as the sole legal\n base for the proposal agreeing that agricultural aspects are merely\n incidental and not core to the proposed Regulation’s objectives.
Misleading\n the consumer: the Council has decided to\n included, in accordance with Parliamentary amendments, references to\n “misleading the consumer” in recital 7.
Environmental\n protection: the Council has modified the proposal\n so that prior to an authorisation being granted, scientific evaluators should\n take any environmental impacts into consideration when authorising\n flavourings.. Environmental protection is also listed as one of the\n Regulation’s objectives.
Scope: the Council clarifies that smoke flavourings are not completely\n excluded from the scope of the proposed Regulation. The common position, therefore,\n opts for the complementary application of two Regulations namely: the\n proposed Regulation, in the absence of more specific rules set out in\n Regulation (EC) No 2065/2003 on smoke flavourings.
The common\n position specifies that the proposed Regulation will not apply to mixtures of\n herbs and/or spices, mixtures of tea and mixtures for infusions, on condition\n that they are not used as food ingredients. This is in line with a\n Parliamentary amendment on the matter.
Definitions: the Council has given particular attention to the accuracy of\n definitions and their consistency with other Community legislation. Thus, the\n term “flavourings not elsewhere specified” has the same meaning as the\n formulation proposed by the Commission namely “flavourings” not defined\n elsewhere. The Council favours the latter interpretations given that it is\n more consistent with Article 3.
Regulatory\n procedure with scrutiny: the proposal has been\n modified in order to apply the regulatory procedure with scrutiny when\n adopting measures that supplement the Regulation. The Council has also\n introduced the urgency procedure to allow the Commission to restrict, on\n grounds of emergency, the use of flavourings and food ingredients with\n flavouring properties for which an approval is not required. The urgency\n procedure will also allow for amendments to Annexes II and V.
Interpretation\n decisions: all provisions relating to interpretations\n have been regrouped into a new single article. Given that they do not\n supplement the Regulation they have been made subject to the regulatory\n comitology procedure without scrutiny.
Prohibiting\n the use of non compliant flavourings or food containing such flavourings: for reasons of clarity, legal certainty and the correct\n functioning of the internal market, the Council has inserted an article that prohibits\n producers from placing non-compliant food enzymes on the market. This is\n consistent with the proposals concerning enzymes and food additives.
Use of the\n term “natural” flavouring: in order to safeguard\n consumer interests, the Council agrees with Parliamentary proposals that the\n term “natural” should only be sued in reference to a food, food category or a\n vegetable or animal flavouring source, on condition that at least 95% by w/w\n has been obtained from the source material (as opposed to 90% proposed in the\n Commission’s initial proposal). Further, the common position adds that the\n remaining 5% flavouring component, derived from other sources materials,\n should not reproduce the flavour of the source material referred to.
Authorising\n flavourings that fall within the scope of Regulation (EC) 1829/2003 on\n genetically modified food and feed: the Council\n agrees that two authorisation procedures can be carried out simultaneously.\n Some drafting changes to the text have been made in order to make these\n provisions compatible with Regulation (EC) No 1829/2003.
Labelling: the common position streamlines labelling provisions in a bid to\n harmonise them with provisions already laid down by Directive 2000/13/EC. A\n distinction is drawn between “business to business” labelling and the\n labelling of products intended for the final consumer. Although, the\n structure of the Chapter on Labelling is different to that proposed by\n Parliament, the underlying principles, nevertheless, remain the same.
Transitional\n measures for products already on the market: The\n Council has allowed for a two year transition phase, from the entry into\n force of the Regulation. Thus, food lawfully placed on the market or labelled\n during this two-year period may be marketed until their date of minimum durability\n or use-by-date.
Amendments\n not incorporated in the common position include, inter alia:
Precautionary\n principle: given that this principle already\n applies to general food law, the Council has decided there is no specific\n need to refer to it in the proposed Regulation. Further, and taking account\n of the risk analysis framework, the precautionary principle can only be taken\n into account within the context of risk management, never in the risk\n assessment phase, as suggested by Parliament.
Defining “appropriate\n physical process”: the Council does not wish to\n confuse the traditional food preparation processes listed in Annex II with\n the “appropriate physical process”.
Defining\n “flavouring substance”: the Council indicates, in\n recital 14, which flavouring substances can be considered products. Defining\n this term would restrict the methods that may be used.
Decisions\n submitted to the regulatory comitology procedure:\n decisions on whether or not a given substance should fall within the scope of\n the Regulation are of an interpretive nature and as a result do not fall\n under the regulatory comitology procedure with scrutiny – in this case i)\n rules on implementing Annex IIIB and the common methodology for monitoring\n the consumption and use of flavourings – are of an interpretive nature and\n therefore do not supplement the Regulation. As a result they do not fall\n within the scope of the regulatory comitology procedure with scrutiny.
Labelling\n of GMOs: food additives remain subject to the\n labelling provisions as defined in Directive 2000/13/EC on the approximation\n of the laws relating to labelling, presentation and advertising foodstuffs,\n as well as Regulation (EC) No 1829/2003 on genetically modified food and\n feed. Any amendments that could potentially interfere with the scope of the\n horizontal Regulations in force have not been accepted by Council.
Conditions\n for use: the Council has decided not to include a\n reference to “benefiting the consumer” and “the technological need as a general\n condition for the use of flavouring” as suggested by Parliament given that\n the implementation of these provisions would not be possible.
Labelling: although the Council has reorganised the Chapter on Labelling,\n the principles underlying the provisions remain fundamentally the same.\n However, the Council is unable to accept proposals to label GMOs. This is due\n to the fact that it would not be consistent with related EU legislation on\n both labelling and GMOs.
Entry into\n force: Parliament’s proposals to change the dates\n for the entry into force of certain provisions have been rejected by Council\n on the grounds that they can only apply after the Community list of\n authorised flavourings and source materials has become applicable. Further\n the date of application of the Community list can only be determined after it\n has been adopted through the comitology procedure with scrutiny and pending\n the outcome of an EFSA evaluation.
Presence of\n toxic substances: The Council attaches great\n importance to using a risk-based approach to the setting of maximum limits in\n the proposed Regulation. As a result certain Parliamentary suggestions on the\n presence of toxic substances go against the need to provide a high level of\n protection to human health. Further, the Council is of the view that a\n general exclusion, as suggested by on amendment, regarding the application of\n Annex III B to compound food to which only herbs and spices have been added\n is too broad and would not provide sufficient protection to consumers. On the\n grounds of proportionality, the Council concludes that the exclusion from\n maximum levels set in Annex III B is justified for the use of herbs and\n spices on condition that they are used in compound foods which are prepared\n and consumed on the same site and thus will not affect cross-border trade.
To conclude,\n the Council believes that the common position offers a balanced approach as\n well as incorporating many of Parliamentary suggestions.
\nThe Committee\n on the Environment, Public Health and Food Safety unanimously adopted a\n report drafted by Mojca DRCAR MURKO (ALDE, SI) recommending some amendments\n to the Council's common position for adopting a regulation of the European\n Parliament and of the Council on flavourings and certain food ingredients\n with flavouring properties for use in and on foods and amending Council\n Regulations (EEC) No 1576/89 and (EEC) No 1601/91, Regulation (EC) No 2232/96\n and Directive 2000/13/EC. It reinserted several amendments that had not been\n taken up by the Council in its common position. The main amendments are as\n follows:
Herbs and\n spices: non-compound foods and mixtures such as,\n but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of\n tea and mixtures for infusion as such are outside the scope of the\n Regulation. Where necessary, it may be decided in accordance with the\n regulatory procedure with scrutiny) whether or not a given substance or\n mixture of substances, material or type of food falls within the scope of\n this Regulation.
Benefit for\n consumer: the committee reinstated amendments\n stating that the use of flavourings should be permitted where they do not, on\n the basis of the scientific evidence available and the precautionary\n principle, pose a safety concern to the health of the consumer. Their use\n must have advantages and benefits for the consumer, and there must be a\n reasonable technological need.
Maximum\n levels: these should only be set when there is a\n justified scientific concern that certain substances, naturally present in\n flavourings and food ingredients with flavouring properties, in compound\n foods may pose a safety concern to the health of the consumer. In such cases,\n the Commission may, on its own initiative or on the basis of information\n provided by Member States, and following the opinion of the Authority, set\n maximum levels for these substances which will be listed in Part B of Annex\n III.
The maximum\n levels shall not apply where a compound food contains no added flavourings\n and the only food ingredients with flavouring properties which have been\n added are fresh, dried or frozen herbs and spices. The committee felt that\n there is no scientific evidence that an herb displays the same toxicological\n effect of concern that an isolated component within it. Setting maximum\n levels for such components may lead to increased use of herb extracts and the\n Parliament doubts whether this will provide better consumer protection
Avoid dual\n approval procedures: the committee clarified\n again that a flavouring or source material falling within the scope of\n Regulation (EC) No 1829/2003 and not already included in the Community list\n in Annex I may be included in that list in accordance with this Regulation\n only if it is covered by an authorisation in accordance with Regulation (EC)\n No 1829/2003.
Other\n amendments include the following:
- better traceability\n is ensured by specifying that the seller must be established within the EU;
- there should\n be no restriction to the 5% of the flavouring component derived from other\n source material as long as other source materials are also natural, and hence\n the total 100% is obtained from natural sources;
- an amendment\n is inserted which is intended to adapt the new spirit drinks regulation (EC)\n No 110/2008. It replaces the Common position text adapting the old regulation\n (EEC) No 1576/89. The deletion of the category \"nature-identical\"\n category must allow the producers of the traditional spirits aquavit and\n väkevä glögi to only use natural flavouring substances for the sake of their\n quality image. Regarding the latter, flavouring substances and preparations must\n be allowed;
- the\n Community list of flavourings should be adopted by 31 December 2010 (rather\n than 2008) at the latest;
- with regard\n to smoke flavourings, a designation in the list of ingredients is not\n required when the approved smoke product is used on the surface of the food\n product in the smoking process to obtain a smoke colour, texture and flavour.
Lastly, the\n committee deleted Annex III Part B (Maximum levels of certain substances,\n naturally present in flavourings and food ingredients with flavouring\n properties, in certain compound food as consumed to which flavourings and/or\n food ingredients with flavouring properties have been added). This amendment\n provides a blank list unless harmfulness of certain naturally occurring\n undesirable substances is assessed by the Authority.
\nThe European\n Parliament adopted a legislative resolution amending the Council’s common\n position for adopting a regulation of the European Parliament and of the\n Council on flavourings and certain food ingredients with flavouring\n properties for use in and on foods and amending Council Regulations (EEC) No\n 1576/89 and (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive\n 2000/13/EC. The recommendation for second reading (under the codecision\n procedure) had been tabled for consideration in plenary by Mojca DRCAR\n MURKO (ALDE, SI) on behalf of the Committee on the Environment, Public\n Health and Food Safety.
The amendments\n were the result of a compromise between the Council and the Parliament. The\n main amendments – adopted under the 2nd reading of the codecision procedure –\n are as follows:
Vulnerable\n groups: a new part recital states that, where\n possible, attention should be given to whether or not there could be any\n negative consequences for vulnerable groups. The use of flavourings must not\n mislead the consumer.
Consumer\n protection: Parliament stressed that the\n objectives are the effective functioning of the internal market, a high level\n of protection of human health and a high level of consumer protection.
Herbs and\n spices: non-compound foods and mixtures such as,\n but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of\n tea and mixtures for infusion as such are outside the scope of the\n Regulation.
Regulation\n (EC) No 1829/2003: when a flavouring already\n included on the Community list, is produced from a different source falling\n within the scope of Regulation (EC) No 1829/2003, it will not require a new\n authorisation under this Regulation, as long as the new source is covered by\n an authorisation in accordance with Regulation (EC) No 1829/2003 and the\n flavouring complies with the specifications established under this Regulation
Reporting\n by the food business operators: a producer or\n user of a flavouring substance must, if required, inform the Commission of\n the amount of the substance added to foods in the Community in a period of 12\n months. The information provided in this context shall be treated as\n confidential data insofar as this information is not required for the safety\n assessment.
Spirit\n Drinks Regulation: Parliament inserted an\n amendment which is intended to adapt the new spirit drinks regulation (EC) No\n 110/2008. It replaces the Common position text adapting the old regulation\n (EEC) No 1576/89. The deletion of the category “nature-identical“ category\n must allow the producers of the traditional spirits aquavit and väkevä glögi\n to only use natural flavouring substances for the sake of their quality\n image. Regarding the latter, flavouring substances and preparations must be\n allowed;
Smoke\n flavourings: Parliament inserted an amendment\n providing the opportunity for referring to specific smoke flavourings so that\n consumers would be properly informed about salmon flavouring, bacon\n flavouring, barbecue flavouring and so on.
Lastly,\n Article 10 (the content of the Community lists of food additives) shall apply\n from 18 months after the date of application of the Community list.
\nPURPOSE: to\n lay down rules on flavourings and food ingredients with flavouring properties\n for use in and on foods to ensure the effective functioning of the internal\n market and a high level of human health protection and consumer protection.
LEGISLATIVE\n ACT : Regulation (EC) No 1334/2008 of the European Parliament and of the\n Council on flavourings and certain food ingredients with flavouring\n properties for use in and on foods and amending Council Regulation (EEC)\n No 1601/91, Regulations (EC) No 2232/96 and (EC)\n No 110/2008 and Directive 2000/13/EC.
CONTENT: the\n Council adopted this Regulation having accepted all the amendments made by\n the European Parliament at second reading. This Regulation lays down rules on\n flavourings and food ingredients with flavouring properties for use in and on\n foods with a view to ensuring the effective functioning of the internal\n market whilst ensuring a high level of protection of human health and a high\n level of consumer protection, including the protection of consumer interests\n and fair practices in food trade, taking into account, where appropriate, the\n protection of the environment.
The approval\n of flavourings should also take into account other factors relevant to the\n matter under consideration including societal, economic, traditional, ethical\n and environmental factors, the precautionary principle and the feasibility\n of controls.
Raw foodstuffs\n which have not undergone any processing treatment and non-compound foodstuffs\n such as spices, herbs, teas and infusions (e.g. fruit or herbal tea)\n as well as mixtures of spices and/or herbs, mixtures of tea and mixtures for\n infusion, as long as they are consumed as such and/or not added to the food,\n do not fall within the scope of this Regulation.
It provides\n for:
The main\n objectives of the Regulation are:
The Regulation\n provides that only flavourings or food ingredients\n with flavouring properties which meet the following conditions may be used in\n or on foods:
(a) they do\n not, on the basis of the scientific evidence available, pose a safety risk to\n the health of the consumer; and
(b) their use\n does not mislead the consumer.
The Regulation\n contains maximum levels for undesirable substances in\n food. The conditions for the use of the term \"natural\" in\n describing flavourings are made stricter. The use of flavourings must not\n mislead the consumer, particularly as regards the nature, freshness, quality\n of ingredients used, the naturalness of a product or of the production\n process, or the nutritional quality of the product.
When a\n flavouring already included in the Community list is produced from a\n different source falling within the scope of Regulation (EC) No 1829/2003, it\n will not require a new authorisation under this Regulation, as long as the\n new source is covered by an authorisation in accordance with Regulation (EC) No\n 1829/2003 and the flavouring complies with the specifications established\n under this Regulation.
A producer\n or user of a flavouring substance, or the representative of such producer\n or user, shall, at the request of the Commission, inform it of the amount of\n the substance added to foods in the Community in a period of 12 months. The\n information provided in this context shall be treated as confidential insofar\n as this information is not required for the safety assessment.
The text also\n makes reference to natural flavouring substances and smoke flavouring(s)\n produced from food(s) or food category or source(s) (e.g. smoke flavouring\n produced from beech).
It should be\n noted that the Regulation forms part of the package of proposals on 'food\n improvement agents'. This package of proposals refers to food\n additives, food\n enzymes and flavourings. It contributes to the Commission’s\n simplification programme and also provides for harmonisation not only in\n their respective fields but also promotes consistency between the three\n related areas. An additional fourth act within the package will establish a single\n common authorisation procedure for the evaluation and approval of these\n substances.
ENTRY INTO\n FORCE: 20/01/2009.
APPLICATION: It shall apply from 20 January 2011.
Article 10 (Community list of flavourings and source materials) shall apply from 18 months after the date of application of the\n Community list.
Articles 26 (Amendments to Regulation (EEC) No 1601/91)\n and 28 (Amendments to Regulation (EC) No 110/2008) shall apply from the date of application of the Community list.
Article 22 (Amendments to Annexes II to V) shall apply\n from 20/01/ 2009. Foods lawfully placed on the market or labelled prior to\n 20/01/2011 which do not comply with this Regulation may be marketed until\n their date of minimum durability or use-by-date.
\nPURPOSE : to\n lay down rules on flavourings and food ingredients with flavouring properties\n for use in and on foods to ensure the effective functioning of the internal\n market and a high level of human health protection and consumer protection.
PROPOSED ACT :\n Regulation of the European Parliament and of the Council.
CONTENT : the\n European Commission has adopted a package of legislative proposals which aim\n to introduce harmonised EU legislation on food enzymes and upgrade current\n rules for flavourings and additives (refer to COD/2006/0144 and COD/2006/0145).
The texts aim\n to clarify and update current legislation in this area and to create a\n simplified common approval procedure for food additives, flavourings and\n enzymes, based on scientific opinions from the European Food Safety Authority\n (EFSA) (refer also COD/2006/143).
At present, Council\n Directive 88/388/EEC sets out the definition of flavourings, general rules\n for their use, requirements for labelling and maximum levels for substances\n which raise concern for human health. It provides that Community Legislation\n relating to flavourings should take account primarily of human health\n requirements. However, the Directive needs to be substantially amended, to\n take into account technological and scientific developments in the area of\n flavourings. In addition, as a result of the adoption of Regulation 178/2002/EC\n laying down the general principles and requirements of food law, establishing\n the European Food Safety Authority (EFSA) and laying down procedures in matters\n of food safety, certain provisions need to be adapted and others need to be\n newly introduced.
In the\n interest of clarity and efficiency Directive 88/388/EEC shall be replaced by the\n present proposal.
This\n Regulation provides for:
- a Community\n list of flavourings and source materials approved for use in and on foods,\n set out in Annex I (‘the Community list’);
- conditions\n of use of flavourings and food ingredients with flavouring properties in and\n on foods;
- rules on\n labelling of flavourings.
Lastly, the\n new legislation proposed sets out clearer rules on maximum levels for\n undesirable substances, in line with EFSA opinions. Definitions of\n flavourings (e.g. flavouring substance, flavouring preparation, thermal\n process flavouring) are clarified and stricter conditions are also introduced\n for the use of the term “natural” when describing flavourings. Consumers must\n be informed if the smoky taste of food is due to the presence of smoke\n flavourings.
For more details of the financial implications of this proposal,\n please refer to the financial statement.
\nIn adopting the report drafted by Ms Mojca\n Drčar Murko (ALDE, SI), the Committee on the Environment, Public Health and Food Safety amended in first reading the proposal for\n a Regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties\n for use in and on foods and amending Council Regulation (EEC) No 1576/89,\n Council Regulation (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive\n 2000/13/EC.
The main amendments are as follows:
- scope: the Committee amended Art 2.1(a) to read as\n follows: ‘flavourings which are used or intended to\n be used in or on foods, without prejudice to more specific provisions laid\n down in Regulation (EC) No 2065/2003’. It considers that, in the interest of consistency and clarity, all legislation relating\n to the safety and use of flavourings should be within the scope of this\n Regulation. Smoke flavourings are already specifically regulated under\n Regulation (EC) No 2065/2003.
It also amended the wording of Article 2.1(c) to ensure that foods containing flavourings and/or food\n ingredients with flavouring properties are covered because the Commission’s\n wording would have excluded from the scope food containing only\n flavourings and food containing only food ingredients with flavouring\n properties. The purpose of extending the scope of the\n Regulation to include food ingredients with flavouring properties is to\n assist in the control of biologically active principles (certain substances\n naturally present in flavourings and food ingredients with flavouring\n properties). Should certain naturally occurring undesirable substances raise\n scientifically justified concern for the health of consumers, maximum levels\n can be set by the Commission following EFSA's opinion.
The Committee considered it useful to amend Art 2.2.(b) regarding\n raw or non-compound foods and provide examples, since\n it remains unclear to what extent, for example, herbal and fruit teas and\n traditional spice mixtures would fall within the Regulation's scope.
Because the proposal does not mention the\n possibility of adding food and/or food additives to flavourings even though\n additives and food are necessary for the storage and use of flavourings and\n for dissolving and diluting these products, the Committee added a new Article\n 3.2(a) to allow for this (in many cases, flavourings are compounded to\n contain food ingredients as part of the flavouring, e.g. cheese powder in a\n cheese and onion flavouring).
- definitions: as the Committee considered that the\n definition of 'other flavouring' required clarification, it amended Article\n 3.2(h) to read as follows: ‘flavouring not elsewhere\n specified’ shall mean a flavouring added or intended to be added to food in\n order to impart odour and/or taste and which does not fall under the\n definitions 3.2(b) to (g).
The definition of a ‘food ingredient’ (Art 3.2(i) was amended to restrict the scope of the regulation to those food ingredients\n with flavouring properties which are considered to contribute significantly\n to intake.
MEPs adopted an amendment whereby the term ‘natural’ may only be\n used in combination with a reference to a food, food category or a vegetable\n or animal flavouring source if at least 95% [by w/w] of the flavouring\n component has been obtained from the source material referred to. This was\n because the proposed text could give consumers the\n impression that the flavouring was obtained primarily from the majority\n component referred to, whereas in fact the remaining 10% was obtained from\n entirely different ingredients. Rather than the Commission’s proposed ratio\n of 90/10, MEPs in the Committee consider it should be 95/5.
- GMOs: The Committee amended Article 15.1 to ensure that\n labelling of flavourings intended for sale to the final consumer is also done\n in accordance with Directive 89/396/EEC concerning the lot and with GMO\n Regulation (EC) No 1829/2003, where appropriate, for the labelling of food\n flavourings containing, consisting of or produced from GMOs, in addition to\n Directive 2000/13/EC, as proposed by the Commission. MEPs also added a new\n paragraph toArt 22 concerning Annex III clarifying labelling\n provisions regarding flavourings produced from or by GMOs. This is in line\n with the concept of 'last living organism' governing the labelling provisions\n of Regulation (EC) No 1829/2003 on GM food and feed.
- traceability: Article 13.1(b) has\n been amended to ensure better traceability by specifying that the business\n operator must be established within the EU.
- precautionary principle: MEPs consider that the\n precautionary principle should be in the centre of the risk assessment of\n food enzymes and to this end amended Article 4(a).
- reporting: in relation to Article 16, the Committee\n believes that reports on annual amounts of every flavouring substance added\n to foods and use levels for each category will be extremely difficult to\n collect, as the flavouring supplier will not necessarily know in which food\n categories a flavouring is to be used, nor will he know the exact dosage\n used. Therefore such information is unlikely to assist in intake assessment\n or safety evaluation. Instead, a producer or user of a flavouring substance\n shall inform the Commission immediately of any new scientific or technical\n information which is known and accessible to him which might affect the\n assessment of the safety of the flavouring substance. In addition, the food\n industry user of the flavouring containing the flavouring substance and the\n producer of the flavouring shall in cooperation, at the request of the\n Commission, inform it of the actual use of the flavouring substance. The\n information provided in this context shall be treated as confidential data.
- comitology: in several articles of this draft regulation,\n the Committee amended provisions to align the text to\n the provisions of the new comitology decision (Decision 2006/512/EC) which\n lays down the procedures for the exercise of\n implementing powers conferred on the Commission.
In the sixth recital, the Committee makes specific reference to\n the need, where possible, for attention to be given\n to whether or not there could be any negative consequences of flavourings for\n vulnerable groups, including the development of taste preferences in\n children. It also adds that misleading the consumer includes, but is not\n limited to, issues related to the nature, freshness, quality of ingredients\n used, the naturalness of a product or of the production process, or the\n nutritional quality of the product.
\nPending the European\n Parliament first reading opinion, the Council reached general approaches on\n three draft Regulations concerning: common authorisation procedure; food\n additives; food enzymes. It took note of a progress report regarding a draft\n Regulation on flavourings.
\nThe European\n Parliament adopted a resolution drafted by Mojca Drcar Murko (ALDE, SI),\n and made some amendments to the Commission’s proposal. Parliament felt that\n the use of flavourings should be permitted where they do not, on the basis of\n the scientific evidence available and the precautionary principle, pose a\n safety concern to the health of the consumer. Their use must have advantages\n and benefits for the consumer, and there must be a reasonable technological\n need. The main amendments were as follows:
- the\n precautionary principle introduced stricter conditions of use;
- a new part recital\n states that attention should be given to whether or not there could be any\n negative consequences for vulnerable groups, including the development of\n taste preferences in children, in the use of flavourings and food ingredients\n with flavouring properties;
- Parliament added that misleading the consumer includes,\n but is not limited to, issues related to the nature, freshness, quality of\n ingredients used, the naturalness of a product or of the production process,\n or the nutritional quality of the product;
- food\n flavourings should remain subject to the general labelling obligations as\n provided for in Directive 2000/13/EC and, where appropriate, in Regulation\n (EC) No 1829/2003. In addition, specific provisions on labelling of\n flavourings sold as such to the manufacturer or to the final consumer should\n be included in this Regulation;
- where\n necessary, it may be decided in accordance with the regulatory procedure with\n scrutiny whether or not a given substance or mixture of substances, material\n or type of food falls within the scope of the Regulation. On several issues,\n detailed implementing rules are to be adopted in accordance with the\n regulatory procedure with scrutiny;
- Parliament\n amended the definitions of \"flavouring substance\" \"flavouring\n not elsewhere specified \", food ingredient with flavouring\n properties\", \"appropriate physical process\", and added a\n definition for \"produced by GMOs\";
- when there\n is a justified scientific concern that certain substances, naturally present\n in flavourings and food ingredients with flavouring properties, in compound\n foods may pose a safety concern to the health of the consumer, the Commission\n may, on its own initiative or on the basis of information provided by Member\n States, and following the opinion of the Authority, set maximum levels for\n these substances. By way of derogation, the maximum levels shall not apply\n where a compound food contains no added flavourings and the only food\n ingredients with flavouring properties which have been added are fresh, dried\n or frozen herbs and spices;
- Parliament\n clarified that a flavouring or source material falling within the scope of\n Regulation (EC) No 1829/2003 and not already included in the Community list\n in Annex I may be included in that list in accordance with this Regulation\n only if it is covered by an authorisation in accordance with Regulation (EC)\n No 1829/2003;
- labelling\n must contain where appropriate , the indication \"produced from\n GMOs\"
- the term\n \"natural\" may only be used in combination with a reference to a\n food, food category or a vegetable or animal flavouring source if at least\n 95% (and not 90% as proposed by the Commission) of the flavouring component\n has been obtained from the source material referred to;
-better\n traceability is ensured by specifying that the seller must be established\n within the EU;
- a producer\n or user of a flavouring substance shall inform the Commission immediately of\n any new scientific or technical information which is known and accessible to\n him which might affect the assessment of the safety of the flavouring\n substance. The food industry user of the flavouring containing the flavouring\n substance and the producer of the flavouring shall in cooperation, at the\n request of the Commission, inform it of the actual use of the flavouring\n substance. The information provided in this context shall be treated as\n confidential data;
- for\n flavourings produced from a source material falling under the scope of\n Regulation (EC) No 1829/2003, the indication \"produced from GMOs\"\n shall appear on the label. For flavourings produced by an organism falling\n under the scope of Regulation (EC) No 1829/2003, no specific labelling shall\n be required;
- flavourings\n and food placed lawfully on the market before the date of application of the\n Regulation may continue to be used until stocks have been exhausted.
Lastly,\n Parliament made some amendments for the sake of clarity and precision.
\nTo recall, the\n European Parliament adopted 43 amendments to the original proposal, of which\n many were accepted. 19 amendments were not.
Technical/editorial\n amendments: Most of the amendments proposed by\n Parliament (in this case 19) seek to improve the proposal from a technical\n and editorial point of view. In such cases the Commission has amended its\n initial proposal accordingly.
Legal\n basis: The Commission has decided to delete\n Article 37 of the TEU as the legal basis for the Regulation, as proposed by\n Parliament.
Comitology: The Commission has agreed to align the implementing powers with\n Decision 2006/512/EC (regulatory procedure with scrutiny) in cases where\n scrutiny is required.
Definitions: On the question of definitions, the Commission has decided not to\n accept amendments that i) change the definition of flavouring properties that\n contribute significantly to the presence of the substances in Annex\n III part B; ii) to change the term other flavourings to flavourings\n not elsewhere specified and iii) to restrict the production of flavouring\n substances to appropriate natural processes or chemical synthesis.
Prohibition\n of non-compliant flavourings: The Commission has\n accepted an amendment specifying that food additives and enzymes that do not\n conform with the provisions of the proposed Regulation should not be placed\n on the market.
General\n conditions of use: The Commission has accepted\n proposed amendments that clarify provisions that seek to prevent the consumer\n from being mislead. However, amendments that would require the use of\n flavourings needing to have an advantage plus consumer benefit linked to\n technological need have been rejected. Further, amendments requiring the\n authorisation of flavourings to be based on the precautionary principle have\n been rejected given that such provisions are already set out in the General\n Food Law Regulation.
Presence of\n certain substances: The Commission has decided\n not to accept an amendment concerning the maximum limits for substances of\n toxicological concern in Annex III part B. Similarly, an amendment that\n introduces a blank Annex III part B has been rejected.
Proposed\n Regulation’s relation with GM food and feed: \n The Commission has decided to endorse an amendment stating that GMO\n procedures should run simultaneously. The proposed definition “produced by\n GMO’s” has been rejected though on the ground that should such a definition\n be needed it should be covered by Regulation (EC) No 1829/2003.
Labelling: The Commission has decided to accept an amendment regarding the\n labelling of natural flavourings from 90% to 95% when referring to a natural\n sources. On the other hand, it rejected an amendment which required that for\n trade between food\n business operators, an address in the EU should be provided. This is not\n accepted as it could lead to barriers to trade with third countries. The description of smoke flavourings has not been accepted on the\n grounds that it could be misleading to the consumer. The labelling of\n flavourings obtained from GMO’s should be covered by Regulation 1829/2003 and\n not by this Regulation. On a final point, the Commission has decided to\n accept Parliamentary proposals to simplify labelling provisions for additives\n and enzymes sold from business to business or to the final consumer.
Food\n business operator reporting: The Commission has\n decided to accept an amendment requiring producers to inform the Commission\n immediately of any new scientific or technical information which might affect\n the assessment of the safety of flavouring substances. The requirement that\n “information which is known and accessible to him” be provided is not,\n however, accepted as this restricts the responsibility of the producer.
\nThe Council\n has introduced a number of modifications to the text of the initial proposal\n with many of these based on amendments proposed by the European Parliament.\n Some of the Parliamentary amendments were introduced by Council on its own\n initiative. Of the 43 amendments proposed by Parliament, the Council has\n decided to adopt either in principle or in full, 27 amendments.
In summary,\n the modifications made by Council are as follows:
A single\n legal base: accepting Parliamentary suggestions,\n the Council has decided to retain Article 96 of the TEU as the sole legal\n base for the proposal agreeing that agricultural aspects are merely\n incidental and not core to the proposed Regulation’s objectives.
Misleading\n the consumer: the Council has decided to\n included, in accordance with Parliamentary amendments, references to\n “misleading the consumer” in recital 7.
Environmental\n protection: the Council has modified the proposal\n so that prior to an authorisation being granted, scientific evaluators should\n take any environmental impacts into consideration when authorising\n flavourings.. Environmental protection is also listed as one of the\n Regulation’s objectives.
Scope: the Council clarifies that smoke flavourings are not completely\n excluded from the scope of the proposed Regulation. The common position, therefore,\n opts for the complementary application of two Regulations namely: the\n proposed Regulation, in the absence of more specific rules set out in\n Regulation (EC) No 2065/2003 on smoke flavourings.
The common\n position specifies that the proposed Regulation will not apply to mixtures of\n herbs and/or spices, mixtures of tea and mixtures for infusions, on condition\n that they are not used as food ingredients. This is in line with a\n Parliamentary amendment on the matter.
Definitions: the Council has given particular attention to the accuracy of\n definitions and their consistency with other Community legislation. Thus, the\n term “flavourings not elsewhere specified” has the same meaning as the\n formulation proposed by the Commission namely “flavourings” not defined\n elsewhere. The Council favours the latter interpretations given that it is\n more consistent with Article 3.
Regulatory\n procedure with scrutiny: the proposal has been\n modified in order to apply the regulatory procedure with scrutiny when\n adopting measures that supplement the Regulation. The Council has also\n introduced the urgency procedure to allow the Commission to restrict, on\n grounds of emergency, the use of flavourings and food ingredients with\n flavouring properties for which an approval is not required. The urgency\n procedure will also allow for amendments to Annexes II and V.
Interpretation\n decisions: all provisions relating to interpretations\n have been regrouped into a new single article. Given that they do not\n supplement the Regulation they have been made subject to the regulatory\n comitology procedure without scrutiny.
Prohibiting\n the use of non compliant flavourings or food containing such flavourings: for reasons of clarity, legal certainty and the correct\n functioning of the internal market, the Council has inserted an article that prohibits\n producers from placing non-compliant food enzymes on the market. This is\n consistent with the proposals concerning enzymes and food additives.
Use of the\n term “natural” flavouring: in order to safeguard\n consumer interests, the Council agrees with Parliamentary proposals that the\n term “natural” should only be sued in reference to a food, food category or a\n vegetable or animal flavouring source, on condition that at least 95% by w/w\n has been obtained from the source material (as opposed to 90% proposed in the\n Commission’s initial proposal). Further, the common position adds that the\n remaining 5% flavouring component, derived from other sources materials,\n should not reproduce the flavour of the source material referred to.
Authorising\n flavourings that fall within the scope of Regulation (EC) 1829/2003 on\n genetically modified food and feed: the Council\n agrees that two authorisation procedures can be carried out simultaneously.\n Some drafting changes to the text have been made in order to make these\n provisions compatible with Regulation (EC) No 1829/2003.
Labelling: the common position streamlines labelling provisions in a bid to\n harmonise them with provisions already laid down by Directive 2000/13/EC. A\n distinction is drawn between “business to business” labelling and the\n labelling of products intended for the final consumer. Although, the\n structure of the Chapter on Labelling is different to that proposed by\n Parliament, the underlying principles, nevertheless, remain the same.
Transitional\n measures for products already on the market: The\n Council has allowed for a two year transition phase, from the entry into\n force of the Regulation. Thus, food lawfully placed on the market or labelled\n during this two-year period may be marketed until their date of minimum durability\n or use-by-date.
Amendments\n not incorporated in the common position include, inter alia:
Precautionary\n principle: given that this principle already\n applies to general food law, the Council has decided there is no specific\n need to refer to it in the proposed Regulation. Further, and taking account\n of the risk analysis framework, the precautionary principle can only be taken\n into account within the context of risk management, never in the risk\n assessment phase, as suggested by Parliament.
Defining “appropriate\n physical process”: the Council does not wish to\n confuse the traditional food preparation processes listed in Annex II with\n the “appropriate physical process”.
Defining\n “flavouring substance”: the Council indicates, in\n recital 14, which flavouring substances can be considered products. Defining\n this term would restrict the methods that may be used.
Decisions\n submitted to the regulatory comitology procedure:\n decisions on whether or not a given substance should fall within the scope of\n the Regulation are of an interpretive nature and as a result do not fall\n under the regulatory comitology procedure with scrutiny – in this case i)\n rules on implementing Annex IIIB and the common methodology for monitoring\n the consumption and use of flavourings – are of an interpretive nature and\n therefore do not supplement the Regulation. As a result they do not fall\n within the scope of the regulatory comitology procedure with scrutiny.
Labelling\n of GMOs: food additives remain subject to the\n labelling provisions as defined in Directive 2000/13/EC on the approximation\n of the laws relating to labelling, presentation and advertising foodstuffs,\n as well as Regulation (EC) No 1829/2003 on genetically modified food and\n feed. Any amendments that could potentially interfere with the scope of the\n horizontal Regulations in force have not been accepted by Council.
Conditions\n for use: the Council has decided not to include a\n reference to “benefiting the consumer” and “the technological need as a general\n condition for the use of flavouring” as suggested by Parliament given that\n the implementation of these provisions would not be possible.
Labelling: although the Council has reorganised the Chapter on Labelling,\n the principles underlying the provisions remain fundamentally the same.\n However, the Council is unable to accept proposals to label GMOs. This is due\n to the fact that it would not be consistent with related EU legislation on\n both labelling and GMOs.
Entry into\n force: Parliament’s proposals to change the dates\n for the entry into force of certain provisions have been rejected by Council\n on the grounds that they can only apply after the Community list of\n authorised flavourings and source materials has become applicable. Further\n the date of application of the Community list can only be determined after it\n has been adopted through the comitology procedure with scrutiny and pending\n the outcome of an EFSA evaluation.
Presence of\n toxic substances: The Council attaches great\n importance to using a risk-based approach to the setting of maximum limits in\n the proposed Regulation. As a result certain Parliamentary suggestions on the\n presence of toxic substances go against the need to provide a high level of\n protection to human health. Further, the Council is of the view that a\n general exclusion, as suggested by on amendment, regarding the application of\n Annex III B to compound food to which only herbs and spices have been added\n is too broad and would not provide sufficient protection to consumers. On the\n grounds of proportionality, the Council concludes that the exclusion from\n maximum levels set in Annex III B is justified for the use of herbs and\n spices on condition that they are used in compound foods which are prepared\n and consumed on the same site and thus will not affect cross-border trade.
To conclude,\n the Council believes that the common position offers a balanced approach as\n well as incorporating many of Parliamentary suggestions.
\nThe Committee\n on the Environment, Public Health and Food Safety unanimously adopted a\n report drafted by Mojca DRCAR MURKO (ALDE, SI) recommending some amendments\n to the Council's common position for adopting a regulation of the European\n Parliament and of the Council on flavourings and certain food ingredients\n with flavouring properties for use in and on foods and amending Council\n Regulations (EEC) No 1576/89 and (EEC) No 1601/91, Regulation (EC) No 2232/96\n and Directive 2000/13/EC. It reinserted several amendments that had not been\n taken up by the Council in its common position. The main amendments are as\n follows:
Herbs and\n spices: non-compound foods and mixtures such as,\n but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of\n tea and mixtures for infusion as such are outside the scope of the\n Regulation. Where necessary, it may be decided in accordance with the\n regulatory procedure with scrutiny) whether or not a given substance or\n mixture of substances, material or type of food falls within the scope of\n this Regulation.
Benefit for\n consumer: the committee reinstated amendments\n stating that the use of flavourings should be permitted where they do not, on\n the basis of the scientific evidence available and the precautionary\n principle, pose a safety concern to the health of the consumer. Their use\n must have advantages and benefits for the consumer, and there must be a\n reasonable technological need.
Maximum\n levels: these should only be set when there is a\n justified scientific concern that certain substances, naturally present in\n flavourings and food ingredients with flavouring properties, in compound\n foods may pose a safety concern to the health of the consumer. In such cases,\n the Commission may, on its own initiative or on the basis of information\n provided by Member States, and following the opinion of the Authority, set\n maximum levels for these substances which will be listed in Part B of Annex\n III.
The maximum\n levels shall not apply where a compound food contains no added flavourings\n and the only food ingredients with flavouring properties which have been\n added are fresh, dried or frozen herbs and spices. The committee felt that\n there is no scientific evidence that an herb displays the same toxicological\n effect of concern that an isolated component within it. Setting maximum\n levels for such components may lead to increased use of herb extracts and the\n Parliament doubts whether this will provide better consumer protection
Avoid dual\n approval procedures: the committee clarified\n again that a flavouring or source material falling within the scope of\n Regulation (EC) No 1829/2003 and not already included in the Community list\n in Annex I may be included in that list in accordance with this Regulation\n only if it is covered by an authorisation in accordance with Regulation (EC)\n No 1829/2003.
Other\n amendments include the following:
- better traceability\n is ensured by specifying that the seller must be established within the EU;
- there should\n be no restriction to the 5% of the flavouring component derived from other\n source material as long as other source materials are also natural, and hence\n the total 100% is obtained from natural sources;
- an amendment\n is inserted which is intended to adapt the new spirit drinks regulation (EC)\n No 110/2008. It replaces the Common position text adapting the old regulation\n (EEC) No 1576/89. The deletion of the category \"nature-identical\"\n category must allow the producers of the traditional spirits aquavit and\n väkevä glögi to only use natural flavouring substances for the sake of their\n quality image. Regarding the latter, flavouring substances and preparations must\n be allowed;
- the\n Community list of flavourings should be adopted by 31 December 2010 (rather\n than 2008) at the latest;
- with regard\n to smoke flavourings, a designation in the list of ingredients is not\n required when the approved smoke product is used on the surface of the food\n product in the smoking process to obtain a smoke colour, texture and flavour.
Lastly, the\n committee deleted Annex III Part B (Maximum levels of certain substances,\n naturally present in flavourings and food ingredients with flavouring\n properties, in certain compound food as consumed to which flavourings and/or\n food ingredients with flavouring properties have been added). This amendment\n provides a blank list unless harmfulness of certain naturally occurring\n undesirable substances is assessed by the Authority.
\nThe European\n Parliament adopted a legislative resolution amending the Council’s common\n position for adopting a regulation of the European Parliament and of the\n Council on flavourings and certain food ingredients with flavouring\n properties for use in and on foods and amending Council Regulations (EEC) No\n 1576/89 and (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive\n 2000/13/EC. The recommendation for second reading (under the codecision\n procedure) had been tabled for consideration in plenary by Mojca DRCAR\n MURKO (ALDE, SI) on behalf of the Committee on the Environment, Public\n Health and Food Safety.
The amendments\n were the result of a compromise between the Council and the Parliament. The\n main amendments – adopted under the 2nd reading of the codecision procedure –\n are as follows:
Vulnerable\n groups: a new part recital states that, where\n possible, attention should be given to whether or not there could be any\n negative consequences for vulnerable groups. The use of flavourings must not\n mislead the consumer.
Consumer\n protection: Parliament stressed that the\n objectives are the effective functioning of the internal market, a high level\n of protection of human health and a high level of consumer protection.
Herbs and\n spices: non-compound foods and mixtures such as,\n but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of\n tea and mixtures for infusion as such are outside the scope of the\n Regulation.
Regulation\n (EC) No 1829/2003: when a flavouring already\n included on the Community list, is produced from a different source falling\n within the scope of Regulation (EC) No 1829/2003, it will not require a new\n authorisation under this Regulation, as long as the new source is covered by\n an authorisation in accordance with Regulation (EC) No 1829/2003 and the\n flavouring complies with the specifications established under this Regulation
Reporting\n by the food business operators: a producer or\n user of a flavouring substance must, if required, inform the Commission of\n the amount of the substance added to foods in the Community in a period of 12\n months. The information provided in this context shall be treated as\n confidential data insofar as this information is not required for the safety\n assessment.
Spirit\n Drinks Regulation: Parliament inserted an\n amendment which is intended to adapt the new spirit drinks regulation (EC) No\n 110/2008. It replaces the Common position text adapting the old regulation\n (EEC) No 1576/89. The deletion of the category “nature-identical“ category\n must allow the producers of the traditional spirits aquavit and väkevä glögi\n to only use natural flavouring substances for the sake of their quality\n image. Regarding the latter, flavouring substances and preparations must be\n allowed;
Smoke\n flavourings: Parliament inserted an amendment\n providing the opportunity for referring to specific smoke flavourings so that\n consumers would be properly informed about salmon flavouring, bacon\n flavouring, barbecue flavouring and so on.
Lastly,\n Article 10 (the content of the Community lists of food additives) shall apply\n from 18 months after the date of application of the Community list.
\nPURPOSE: to\n lay down rules on flavourings and food ingredients with flavouring properties\n for use in and on foods to ensure the effective functioning of the internal\n market and a high level of human health protection and consumer protection.
LEGISLATIVE\n ACT : Regulation (EC) No 1334/2008 of the European Parliament and of the\n Council on flavourings and certain food ingredients with flavouring\n properties for use in and on foods and amending Council Regulation (EEC)\n No 1601/91, Regulations (EC) No 2232/96 and (EC)\n No 110/2008 and Directive 2000/13/EC.
CONTENT: the\n Council adopted this Regulation having accepted all the amendments made by\n the European Parliament at second reading. This Regulation lays down rules on\n flavourings and food ingredients with flavouring properties for use in and on\n foods with a view to ensuring the effective functioning of the internal\n market whilst ensuring a high level of protection of human health and a high\n level of consumer protection, including the protection of consumer interests\n and fair practices in food trade, taking into account, where appropriate, the\n protection of the environment.
The approval\n of flavourings should also take into account other factors relevant to the\n matter under consideration including societal, economic, traditional, ethical\n and environmental factors, the precautionary principle and the feasibility\n of controls.
Raw foodstuffs\n which have not undergone any processing treatment and non-compound foodstuffs\n such as spices, herbs, teas and infusions (e.g. fruit or herbal tea)\n as well as mixtures of spices and/or herbs, mixtures of tea and mixtures for\n infusion, as long as they are consumed as such and/or not added to the food,\n do not fall within the scope of this Regulation.
It provides\n for:
The main\n objectives of the Regulation are:
The Regulation\n provides that only flavourings or food ingredients\n with flavouring properties which meet the following conditions may be used in\n or on foods:
(a) they do\n not, on the basis of the scientific evidence available, pose a safety risk to\n the health of the consumer; and
(b) their use\n does not mislead the consumer.
The Regulation\n contains maximum levels for undesirable substances in\n food. The conditions for the use of the term \"natural\" in\n describing flavourings are made stricter. The use of flavourings must not\n mislead the consumer, particularly as regards the nature, freshness, quality\n of ingredients used, the naturalness of a product or of the production\n process, or the nutritional quality of the product.
When a\n flavouring already included in the Community list is produced from a\n different source falling within the scope of Regulation (EC) No 1829/2003, it\n will not require a new authorisation under this Regulation, as long as the\n new source is covered by an authorisation in accordance with Regulation (EC) No\n 1829/2003 and the flavouring complies with the specifications established\n under this Regulation.
A producer\n or user of a flavouring substance, or the representative of such producer\n or user, shall, at the request of the Commission, inform it of the amount of\n the substance added to foods in the Community in a period of 12 months. The\n information provided in this context shall be treated as confidential insofar\n as this information is not required for the safety assessment.
The text also\n makes reference to natural flavouring substances and smoke flavouring(s)\n produced from food(s) or food category or source(s) (e.g. smoke flavouring\n produced from beech).
It should be\n noted that the Regulation forms part of the package of proposals on 'food\n improvement agents'. This package of proposals refers to food\n additives, food\n enzymes and flavourings. It contributes to the Commission’s\n simplification programme and also provides for harmonisation not only in\n their respective fields but also promotes consistency between the three\n related areas. An additional fourth act within the package will establish a single\n common authorisation procedure for the evaluation and approval of these\n substances.
ENTRY INTO\n FORCE: 20/01/2009.
APPLICATION: It shall apply from 20 January 2011.
Article 10 (Community list of flavourings and source materials) shall apply from 18 months after the date of application of the\n Community list.
Articles 26 (Amendments to Regulation (EEC) No 1601/91)\n and 28 (Amendments to Regulation (EC) No 110/2008) shall apply from the date of application of the Community list.
Article 22 (Amendments to Annexes II to V) shall apply\n from 20/01/ 2009. Foods lawfully placed on the market or labelled prior to\n 20/01/2011 which do not comply with this Regulation may be marketed until\n their date of minimum durability or use-by-date.
\n