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Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (Text with EEA relevance)

Modified by

Commission Regulation (EU) No 238/2010of 22 March 2010amending Annex V to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to the labelling requirement for beverages with more than 1,2 % by volume of alcohol and containing certain food colours(Text with EEA relevance), 32010R0238, March 23, 2010
Commission Regulation (EU) No 1129/2011of 11 November 2011amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives(Text with EEA relevance)Commission Regulation (EU) No 1152/2013of 19 November 2013correcting the Hungarian language version of Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives(Text with EEA relevance), 32011R112932013R1152, November 12, 2011
Commission Regulation (EU) No 1152/2013of 19 November 2013correcting the Hungarian language version of Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives(Text with EEA relevance), 32013R1152, November 20, 2013
Commission Regulation (EU) No 1130/2011of 11 November 2011amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients(Text with EEA relevance), 32011R1130, November 12, 2011
Commission Regulation (EU) No 1131/2011of 11 November 2011amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides(Text with EEA relevance), 32011R1131, November 12, 2011
Commission Regulation (EU) No 232/2012of 16 March 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the conditions of use and the use levels for Quinoline Yellow (E 104), Sunset Yellow FCF/Orange Yellow S (E 110) and Ponceau 4R, Cochineal Red A (E 124)(Text with EEA relevance), 32012R0232, March 17, 2012
Commission Regulation (EU) No 380/2012of 3 May 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the conditions of use and the use levels for aluminium-containing food additives(Text with EEA relevance), 32012R0380, May 4, 2012
Commission Regulation (EU) No 470/2012of 4 June 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polydextrose (E 1200) in beer(Text with EEA relevance), 32012R0470, June 5, 2012
Commission Regulation (EU) No 471/2012of 4 June 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of lysozyme (E 1105) in beer(Text with EEA relevance), 32012R0471, June 5, 2012
Commission Regulation (EU) No 472/2012of 4 June 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of glycerol esters of wood rosins (E 445) for printing on hard-coated confectionery products(Text with EEA relevance), 32012R0472, June 5, 2012
Commission Regulation (EU) No 570/2012of 28 June 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of benzoic acid — benzoates (E 210-213) in alcohol-free counterparts of wine(Text with EEA relevance), 32012R0570, June 29, 2012
Commission Regulation (EU) No 583/2012of 2 July 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polysorbates (E 432-436) in coconut milk(Text with EEA relevance), 32012R0583, July 3, 2012
Commission Regulation (EU) No 675/2012of 23 July 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Talc (E 553b) and Carnauba wax (E 903) on unpeeled coloured boiled eggs and the use of Shellac (E 904) on unpeeled boiled eggs(Text with EEA relevance), 32012R0675, July 24, 2012
Commission Regulation (EU) No 1049/2012of 8 November 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polyglycitol syrup in several food categories(Text with EEA relevance), 32012R1049, November 9, 2012
Commission Regulation (EU) No 1057/2012of 12 November 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of dimethyl polysiloxane (E 900) as an anti-foaming agent in food supplements(Text with EEA relevance), 32012R1057, November 13, 2012
Commission Regulation (EU) No 1147/2012of 4 December 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on certain fruits(Text with EEA relevance), 32012R1147, December 5, 2012
Commission Regulation (EU) No 1148/2012of 4 December 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks(Text with EEA relevance), 32012R1148, December 5, 2012
Commission Regulation (EU) No 1149/2012of 4 December 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta(Text with EEA relevance), 32012R1149, December 5, 2012
Commission Regulation (EU) No 1166/2012of 7 December 2012amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of dimethyl dicarbonate (E 242) in certain alcoholic drinks(Text with EEA relevance), 32012R1166, December 8, 2012
Commission Regulation (EU) No 25/2013of 16 January 2013amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the food additive potassium diacetate(Text with EEA relevance), 32013R0025, January 17, 2013
Commission Regulation (EU) No 244/2013of 19 March 2013amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Tricalcium phosphate (E 341 (iii)) in nutrient preparations intended for use in foods for infants and young children(Text with EEA relevance), 32013R0244, March 20, 2013
Commission Regulation (EU) No 256/2013of 20 March 2013amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Sodium ascorbate (E 301) in vitamin D preparations intended for use in foods for infants and young children(Text with EEA relevance), 32013R0256, March 21, 2013
Commission Regulation (EU) No 438/2013of 13 May 2013amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives(Text with EEA relevance), 32013R0438, May 14, 2013
Commission Regulation (EU) No 509/2013of 3 June 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of several additives in certain alcoholic beverages(Text with EEA relevance), 32013R0509, June 4, 2013
Commission Regulation (EU) No 510/2013of 3 June 2013amending Annexes I, II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of iron oxides and hydroxides (E 172), hydroxypropyl methyl cellulose (E 464) and polysorbates (E 432-436) for marking of certain fruits(Text with EEA relevance), 32013R0510, June 4, 2013
Commission Regulation (EU) No 723/2013of 26 July 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in certain low fat meat and fish products(Text with EEA relevance), 32013R0723, July 27, 2013
Commission Regulation (EU) No 738/2013of 30 July 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain additives in seaweed based fish roe analogues(Text with EEA relevance), 32013R0738, July 31, 2013
Commission Regulation (EU) No 739/2013of 30 July 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Stigmasterol-rich plant sterols as a stabiliser in ready-to-freeze alcoholic cocktails, and the Annex to Commission Regulation (EU) No 231/2012 as regards specifications for Stigmasterol-rich plant sterols food additive(Text with EEA relevance), 32013R0739, July 31, 2013
Commission Regulation (EU) No 816/2013of 28 August 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Neutral methacrylate copolymer and Anionic methacrylate copolymer in solid food supplements and the Annex to Commission Regulation (EU) No 231/2012 as regards the specifications for Basic methacrylate copolymer (E 1205), Neutral methacrylate copolymer and Anionic methacrylate copolymer(Text with EEA relevance), 32013R0816, August 29, 2013
Commission Regulation (EU) No 817/2013of 28 August 2013amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Octenyl succinic acid modified gum arabic(Text with EEA relevance), 32013R0817, August 29, 2013
Commission Regulation (EU) No 818/2013of 28 August 2013amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Sucrose esters of fatty acids (E 473) in flavourings for water based clear flavoured drinks(Text with EEA relevance), 32013R0818, August 29, 2013
Commission Regulation (EU) No 913/2013of 23 September 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sweeteners in certain fruit or vegetable spreads(Text with EEA relevance), 32013R0913, September 24, 2013
Commission Regulation (EU) No 1068/2013of 30 October 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of diphosphates (E 450), triphosphates (E 451) and polyphosphates (E 452) in wet salted fish(Text with EEA relevance), 32013R1068, October 31, 2013
Commission Regulation (EU) No 1069/2013of 30 October 2013amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sodium phosphates (E 339) in natural casings for sausages(Text with EEA relevance), 32013R1069, October 31, 2013
Commission Regulation (EU) No 1274/2013of 6 December 2013amending and correcting Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards certain food additives(Text with EEA relevance), 32013R1274, December 7, 2013
Commission Regulation (EU) No 59/2014of 23 January 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sulphur dioxide — sulphites (E 220-228) in aromatised wine-based products(Text with EEA relevance), 32014R0059, January 24, 2014
Commission Regulation (EU) No 264/2014of 14 March 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of polyvinylpyrrolidone-vinyl acetate copolymer in solid food supplements and the Annex to Commission Regulation (EU) No 231/2012 as regards its specifications(Text with EEA relevance), 32014R0264, March 15, 2014
Commission Regulation (EU) No 298/2014of 21 March 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Magnesium dihydrogen diphosphate for use as raising agent and acidity regulator(Text with EEA relevance), 32014R0298, March 25, 2014
Commission Regulation (EU) No 497/2014of 14 May 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the use of Advantame as a sweetener(Text with EEA relevance), 32014R0497, May 15, 2014
Commission Regulation (EU) No 505/2014of 15 May 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of caramel colours (E 150a-d) in beer and malt beverages(Text with EEA relevance), 32014R0505, May 16, 2014
Commission Regulation (EU) No 506/2014of 15 May 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Ethyl lauroyl arginate as a preservative in certain heat-treated meat products(Text with EEA relevance), 32014R0506, May 16, 2014
Commission Regulation (EU) No 601/2014of 4 June 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the food categories of meat and the use of certain food additives in meat preparations(Text with EEA relevance), 32014R0601, June 5, 2014
Commission Regulation (EU) No 685/2014of 20 June 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards polyvinyl alcohol-polyethylene glycol-graft-co-polymer in solid food supplements(Text with EEA relevance), 32014R0685, June 21, 2014
Commission Regulation (EU) No 923/2014of 25 August 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of aluminium lakes of riboflavins (E 101) and cochineal, carminic acid, carmines (E 120) in certain food categories and Annex to Regulation (EU) No 231/2012 as regards the specifications for riboflavins (E 101)(Text with EEA relevance), 32014R0923, August 26, 2014
Commission Regulation (EU) No 957/2014of 10 September 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the removal of montan acid esters (E 912)(Text with EEA relevance), 32014R0957, September 11, 2014
Commission Regulation (EU) No 969/2014of 12 September 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Calcium ascorbate (E 302) and Sodium alginate (E 401) in certain unprocessed fruit and vegetables(Text with EEA relevance), 32014R0969, September 13, 2014
Commission Regulation (EU) No 1084/2014of 15 October 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of diphosphates (E 450) as a raising agent and acidity regulator in prepared yeast based doughs(Text with EEA relevance), 32014R1084, October 16, 2014
Commission Regulation (EU) No 1092/2014of 16 October 2014amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sweeteners in certain fruit or vegetable spreads(Text with EEA relevance), 32014R1092, October 17, 2014
Commission Regulation (EU) No 1093/2014of 16 October 2014amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain colours in flavoured ripened cheese(Text with EEA relevance), 32014R1093, October 17, 2014
Commission Regulation (EU) 2015/537of 31 March 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of aluminium lakes of cochineal, carminic acid, carmines (E 120) in dietary foods for special medical purposes(Text with EEA relevance), 32015R0537, April 1, 2015
Commission Regulation (EU) 2015/538of 31 March 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of benzoic acid — benzoates (E 210-213) in cooked shrimps in brine(Text with EEA relevance), 32015R0538, April 1, 2015
Commission Regulation (EU) 2015/639of 23 April 2015amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of silicon dioxide (E 551) in polyvinyl alcohol-polyethylene glycol-graft-co-polymer (E 1209)(Text with EEA relevance), 32015R0639, April 24, 2015
Commission Regulation (EU) 2015/647of 24 April 2015amending and correcting Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives(Text with EEA relevance), 32015R0647, April 25, 2015
Commission Regulation (EU) 2015/649of 24 April 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the use of L-leucine as a carrier for table-top sweeteners in tablets(Text with EEA relevance), 32015R0649, April 25, 2015
Commission Regulation (EU) 2015/1362of 6 August 2015amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of silicon dioxide (E 551) in extracts of rosemary (E 392)(Text with EEA relevance), 32015R1362, August 7, 2015
Commission Regulation (EU) 2015/1378of 11 August 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of riboflavins (E 101) and carotenes (E 160a) in dried potato granules and flakes(Text with EEA relevance), 32015R1378, August 12, 2015
Commission Regulation (EU) 2015/1739of 28 September 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the use of the iron tartrate as an anti-caking agent in salt and its substitutes(Text with EEA relevance), 32015R1739, September 30, 2015
Commission Regulation (EU) 2015/1832of 12 October 2015amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Erythritol (E 968) as a flavour enhancer in energy-reduced or with no added sugars flavoured drinks(Text with EEA relevance), 32015R1832, October 13, 2015
Commission Regulation (EU) 2016/56of 19 January 2016amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in spreadable fats(Text with EEA relevance), 32016R0056, January 20, 2016
Commission Regulation (EU) 2016/263of 25 February 2016amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the title of the food category 12.3 Vinegars(Text with EEA relevance), 32016R0263, February 26, 2016
Commission Regulation (EU) 2016/324of 7 March 2016amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives permitted in all categories of foods(Text with EEA relevance), 32016R0324, March 8, 2016
Commission Regulation (EU) 2016/441of 23 March 2016amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Steviol glycosides (E 960) as a sweetener in mustard(Text with EEA relevance), 32016R0441, March 24, 2016
Commission Regulation (EU) 2016/479of 1 April 2016amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of steviol glycosides (E 960) as a sweetener in certain energy-reduced or with no added sugars beverages(Text with EEA relevance), 32016R0479, April 2, 2016

Regulation (EC) No 1333/2008 of the European Parliament and of the Councilof 16 December 2008on food additives(Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social CommitteeOJ C 168, 20.7.2007, p. 34.,Acting in accordance with the procedure laid down in Article 251 of the TreatyOpinion of the European Parliament of 10 July 2007 (OJ C 175 E, 10.7.2008, p. 142), Council Common Position of 10 March 2008 (OJ C 111 E, 6.5.2008, p. 10), Position of the European Parliament of 8 July 2008 (not yet published in the Official Journal) and Council Decision of 18 November 2008.,Whereas:(1)The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests.(2)A high level of protection of human life and health should be assured in the pursuit of Community policies.(3)This Regulation replaces previous Directives and Decisions concerning food additives permitted for use in foods with a view to ensuring the effective functioning of the internal market whilst ensuring a high level of protection of human health and a high level of consumer protection, including the protection of consumer interests, via comprehensive and streamlined procedures.(4)This Regulation harmonises the use of food additives in foods in the Community. This includes the use of food additives in foods covered by Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional usesOJ L 186, 30.6.1989, p. 27. and the use of certain food colours for the health marking of meat and the decoration and stamping of eggs. It also harmonises the use of food additives in food additives and food enzymes thus ensuring their safety and quality and facilitating their storage and use. This has not previously been regulated at Community level.(5)Food additives are substances that are not normally consumed as food itself but are added to food intentionally for a technological purpose described in this Regulation, such as the preservation of food. All food additives should be covered by this Regulation, and therefore in the light of scientific progress and technological development the list of functional classes should be updated. However, substances should not be considered as food additives when they are used for the purpose of imparting flavour and/or taste or for nutritional purposes, such as salt replacers, vitamins and minerals. Moreover, substances considered as foods which may be used for a technological function, such as sodium chloride or saffron for colouring and food enzymes should also not fall within the scope of this Regulation. However, preparations obtained from foods and other natural source material that are intended to have a technological effect in the final food and which are obtained by selective extraction of constituents (e.g. pigments) relative to the nutritive or aromatic constituents, should be considered additives within the meaning of this Regulation. Finally, food enzymes are covered by Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymesSee page 7 of this Official Journal., which excludes the application of this Regulation.(6)Substances not consumed as food itself but used intentionally in the processing of foods, which only remain as residues in the final food and do not have a technological effect in the final product (processing aids), should not be covered by this Regulation.(7)Food additives should be approved and used only if they fulfil the criteria laid down in this Regulation. Food additives must be safe when used, there must be a technological need for their use, and their use must not mislead the consumer and must be of benefit to the consumer. Misleading the consumer includes, but is not limited to, issues related to the nature, freshness, quality of ingredients used, the naturalness of a product or of the production process, or the nutritional quality of the product, including its fruit and vegetable content. The approval of food additives should also take into account other factors relevant to the matter under consideration including societal, economic, traditional, ethical and environmental factors, the precautionary principle and the feasibility of controls. The use and maximum levels of a food additive should take into account the intake of the food additive from other sources and the exposure to the food additive by special groups of consumers (e.g. allergic consumers).(8)Food additives must comply with the approved specifications, which should include information to adequately identify the food additive, including origin, and to describe the acceptable criteria of purity. The specifications previously developed for food additives included in Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffsOJ L 178, 28.7.1995, p. 1., Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffsOJ L 226, 22.9.1995, p. 1. and Commission Directive 96/77/EC of 2 December 1996 laying down specific purity criteria on food additives other than colours and sweetenersOJ L 339, 30.12.1996, p. 1. should be maintained until the corresponding additives are entered in the Annexes to this Regulation. At that time, the specifications related to such additives should be set out in a Regulation. Those specifications should relate directly to the additives included in the Community lists in the Annexes to this Regulation. However, considering the complex character and substance of such specifications, for the sake of clarity they should not be integrated as such in the Community lists but should be set out in one or more separate Regulations.(9)Some food additives are permitted for specific uses for certain authorised oenological practices and processes. The use of such food additives should comply with this Regulation and with the specific provisions laid down in the relevant Community legislation.(10)In order to ensure harmonisation, the risk assessment and approval of food additives should be carried out in accordance with the procedure laid down in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavouringsSee page 1 of this Official Journal.(11)Under Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyOJ L 31, 1.2.2002, p. 1., the European Food Safety Authority (hereinafter referred to as the Authority) is to be consulted on matters likely to affect public health.(12)A food additive 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 feedOJ L 268, 18.10.2003, p. 1. should be authorised in accordance with that Regulation as well as under this Regulation.(13)A food additive already approved under this Regulation which is prepared by production methods or using starting materials significantly different from those included in the risk assessment of the Authority, or different from those covered by the specifications laid down, should be submitted for evaluation by the Authority. "Significantly different" could mean, inter alia, a change of the production method from extraction from a plant to production by fermentation using a micro-organism or a genetic modification of the original micro-organism, a change in starting materials, or a change in particle size, including the use of nanotechnology.(14)Food additives should be kept under continuous observation and must be re-evaluated whenever necessary in the light of changing conditions of use and new scientific information. Where necessary, the Commission together with the Member States should consider appropriate action.(15)Member States which maintained on 1 January 1992 prohibitions on the use of certain additives in certain specific foods which are considered traditional and are produced on their territory should be permitted to continue to apply those prohibitions. Moreover, as regard products such as "Feta" or "Salame cacciatore", this Regulation should be without prejudice to more restrictive rules linked to the use of certain denominations under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffsOJ L 93, 31.3.2006, p. 12. and Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteedOJ L 93, 31.3.2006, p. 1..(16)Unless subject to further restrictions, an additive may be present in food, other than by direct addition, as a result of carry-over from an ingredient in which the additive was permitted, provided that the level of the additive in the final food is no greater than would be introduced by the use of the ingredient under proper technological conditions and good manufacturing practice.(17)Food additives remain subject to the general labelling obligations as provided for in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffsOJ L 109, 6.5.2000, p. 29. and, as the case may be, in Regulation (EC) No 1829/2003 and in Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organismsOJ L 268, 18.10.2003, p. 24.. In addition, specific provisions on the labelling of food additives sold as such to the manufacturer or to the final consumer should be contained in this Regulation.(18)Sweeteners authorised under this Regulation may be used in table-top sweeteners sold directly to consumers. Manufacturers of such products should make information available to the consumer by appropriate means to allow them to use the product in a safe manner. Such information could be made available in a number of ways including on product labels, Internet websites, consumer information lines or at the point of sale. In order to adopt a uniform approach to the implementation of this requirement, guidance drawn up at Community level may be necessary.(19)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23..(20)In particular the Commission should be empowered to amend the Annexes of this Regulation and to adopt appropriate transitional measures. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.(21)On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of certain amendments to Annexes II and III relating to substances already authorised under other Community law as well as any appropriate transitional measures related to these substances.(22)In order to develop and update Community law on food additives in a proportionate and effective way, it is necessary to collect data, share information and coordinate work between Member States. For that purpose, it may be useful to undertake studies to address specific issues with a view to facilitating the decision-making process. It is appropriate that the Community finance such studies as part of its budgetary procedure. The financing of such measures is covered by Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rulesOJ L 165, 30.4.2004, p. 1. Corrected by OJ L 191, 28.5.2004, p. 1..(23)Member States are to carry out official controls in order to enforce compliance with this Regulation in accordance with Regulation (EC) No 882/2004.(24)Since the objective of this Regulation, namely to lay down Community rules on food additives, cannot be sufficiently achieved by the Member States and can therefore, in the interests of market unity and a high level of consumer protection, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.(25)Following the adoption of this Regulation the Commission, assisted by the Standing Committee on the Food Chain and Animal Health, should review all the existing authorisations for criteria, other than safety, such as intake, technological need and the potential to mislead the consumer. All food additives that are to continue to be authorised in the Community should be transferred to the Community lists in Annexes II and III to this Regulation. Annex III to this Regulation should be completed with the other food additives used in food additives and food enzymes as well as carriers for nutrients and their conditions of use in accordance with Regulation (EC) No 1331/2008 [establishing a common authorisation procedure for food additives, food enzymes and food flavourings]. To allow a suitable transition period, the provisions in Annex III, other than the provisions concerning carriers for food additives and food additives in flavourings, should not apply until 1 January 2011.(26)Until the future Community lists of food additives are established, it is necessary to provide for a simplified procedure allowing the current lists of food additives contained in the existing Directives to be updated.(27)Without prejudice to the outcome of the review referred to in recital 25, within one year following the adoption of this Regulation the Commission should set up an evaluation programme for the Authority to re-evaluate the safety of the food additives that were already approved in the Community. That programme should define the needs and the order of priorities according to which the approved food additives are to be examined.(28)This Regulation repeals and replaces the following acts: Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorised for use in foodstuffs intended for human consumptionOJ 115, 11.11.1962, p. 2645/62., Council Directive 65/66/EEC of 26 January 1965 laying down specific criteria of purity for preservatives authorised for use in foodstuffs intended for human consumptionOJ 22, 9.2.1965, p. 373., Council Directive 78/663/EEC of 25 July 1978 laying down specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffsOJ L 223, 14.8.1978, p. 7., Council Directive 78/664/EEC of 25 July 1978 laying down specific criteria of purity for antioxidants which may be used in foodstuffs intended for human consumptionOJ L 223, 14.8.1978, p. 30., First Commission Directive 81/712/EEC of 28 July 1981 laying down Community methods of analysis for verifying that certain additives used in foodstuffs satisfy criteria of purityOJ L 257, 10.9.1981, p. 1., Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumptionOJ L 40, 11.2.1989, p. 27., Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffsOJ L 237, 10.9.1994, p. 3., Directive 94/36/EC of the European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffsOJ L 237, 10.9.1994, p. 13., Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweetenersOJ L 61, 18.3.1995, p. 1., Decision No 292/97/EC of the European Parliament and of the Council of 19 December 1996 on the maintenance of national laws prohibiting the use of certain additives in the production of certain specific foodstuffsOJ L 48, 19.2.1997, p. 13. and Commission Decision 2002/247/EC of 27 March 2002 suspending the placing on the market and import of jelly confectionary containing the food additive E 425 konjacOJ L 84, 28.3.2002, p. 69.. However, it is appropriate that certain provisions of those acts remain in force during a transitional period to allow time for the preparation of the Community lists in the Annexes to this Regulation,HAVE ADOPTED THIS REGULATION:

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