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THE EUROPEAN COMMISSION,Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additivesnote, and in particular Article 10(3) thereof,Having regard to 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 flavouringsnote, and in particular Article 7(5) thereof,Whereas:
(1)Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.
(2)The Union list of food additives may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application.
(3)An application to update the Union list of food additives was submitted by Poland on 10 August 2022 in order, in particular, to take into account the new definition of certain alcoholic beverages as described in the Polish Law Act of 2 December 2021 on fermented beveragesnote (‘the Polish Law on fermented beverages’).
(4)Currently, Part E of Annex II to Regulation (EC) No 1333/2008 sets out, in its points 14.2.3 to14.2.5 and 14.2.8, conditions of use as regards certain fermented beverages, which were introduced in order to allow or restrict the use of several additives in certain alcoholic beverages as described in the Polish Law of 12 May 2011 on the manufacture and bottling of wine products, distribution of such products and the organisation of the wine marketnote. The Polish Law on fermented beverages replaced that Law of 12 May 2011. Therefore, some of those entries should be updated and the entry for E 353 in point 14.2.8 thereof should be deleted.
(5)The alcoholic beverages covered by the Polish Law on fermented beverages are not covered by Regulation (EU) No 1308/2013 of the European Parliament and of the Councilnote, since they do not fall under one of the categories of grapevine products listed in Part II of Annex VII to that Regulation.
(6)Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority (‘the Authority’) in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of the use of several additives in certain alcoholic beverages covered by the Polish Law on fermented beverages does not lead to an additional exposure of the consumer to those substances, it constitutes an update of that list which is not liable to have an effect on human health and it is not necessary to seek the opinion of the Authority.
(7)In the food category ‘Spirit drinks as defined in Regulation (EC) No 110/2008’ of the European Parliament and of the Councilnote in point 14.2.6 in Parts D and E of Annex II to Regulation (EC) No 1333/2008, the use of the food colours belonging to Groups II and III as listed in points 2 and 3 of Part C of Annex II to the same Regulation and Quinoline Yellow (E 104), Sunset Yellow FCF/Orange Yellow S (E 110), Amaranth (E 123) and Ponceau 4R, Cochineal Red A (E 124) should not be authorised in ‘vodka’ to ensure consistency with point d of category 15 of Annex I to Regulation (EU) 2019/787 of the European Parliament and of the Councilnote, which provides that vodka is not to be coloured.
(8)In Parts D and E of the Union list of food additives, the food category in point 14.2.8 covers alcoholic drinks which are not included in the categories in points 14.2.1 to 14.2.7, including mixtures of alcoholic drinks with non-alcoholic drinks and spirits with less than 15 % of alcohol. However, in accordance with Article 2 of Regulation (EU) 2019/787, spirit drinks are to have a minimum alcoholic strength by volume of 15 %, except in the case of products that comply with the requirements of category 39 of Annex I to that Regulation. Therefore, the title of the food category in point 14.2.8 in Parts D and E of Annex II to Regulation (EC) No 1333/2008 should not refer to ‘spirits with less than 15 % of alcohol’. Also, the term ‘alcoholic beverages’ should be used instead of the term ‘alcoholic drinks’ and the term ‘alcoholic strength by volume’, as defined in Article 4(23) of Regulation (EU) 2019/787, should be used instead of the term ‘alcohol’. Therefore, it is appropriate to amend the title and the entries of food category ‘Other alcoholic drinks including mixtures of alcoholic drinks with non-alcoholic drinks and spirits with less than 15 % of alcohol’ in point 14.2.8 in Parts D and E of Annex II to Regulation (EC) No 1333/2008.
(9)The Union legislation concerning certain alcoholic beverages included in points 14.2.2, 14.2.6 and 14.2.7 in Parts A, D and E of Annex II to Regulation (EC) No 1333/2008 has been modified. The rules applicable to those alcoholic beverages are currently laid down in Regulation (EU) No 1308/2013, Regulation (EU) 2019/787 and Regulation (EU) No 251/2014 of the European Parliament and of the Councilnote. Since this Regulation amends the categories referring to alcoholic beverages, it is appropriate to use this occasion to update some of the existing references to Union law.
(10)Regulation (EC) No 1333/2008 should therefore be amended accordingly.
(11)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1#
Annex II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
(1)In Part A, the entries in points 26 to 29 of Table 2 are replaced by the following:26 | Wine and other products covered by Regulation (EU) No 1308/2013 of the European Parliament and of the Council, as listed in its Annex VII part II27 | Spirit drinks defined in Annex I, categories 1-14 of Regulation (EU) 2019/787 of the European Parliament and of the Council, spirit (preceded by the name of the fruit, berries or nuts) obtained by maceration and distillation and London gin (Annex I, categories 16 and 22 of that Regulation, respectively)Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà as defined in Annex I, categories 36, 37 and 41 of Regulation (EU) 2019/787, respectively28 | Sangria, Clarea and Zurra as mentioned in Regulation (EU) No 251/2014 of the European Parliament and of the Council29 | Wine vinegar covered by Regulation (EU) No 1308/2013, as listed in its Annex VII part II
(2)In Part D, the entries for categories in points 14.2.2, 14.2.6, 14.2.7 and 14.2.8 are replaced by the following:14.2.2 | Wine and other products defined in Part II of Annex VII to Regulation (EU) No 1308/201314.2.6 | Spirit drinks as defined in Regulation (EU) 2019/78714.2.7 | Aromatised wine products as defined by Regulation (EU) No 251/201414.2.8 | Other alcoholic beverages including mixtures of alcoholic beverages with non-alcoholic beverages and other alcoholic beverages based on distilled alcohol with alcoholic strength by volume less than 15 %
(3)Part E is amended as follows:
(a)the entry for food category in point 14.2.2 ‘Wine and other products defined by Regulation (EC) No 1234/2007, and alcohol-free counterparts’ is replaced by the following:14.2.2 | Wine and other products defined in Part II of Annex VII to Regulation (EU) No 1308/2013| The use of additives is authorised in accordance with Regulation (EU) No 1308/2013, Council Decisions on the conclusion of agreements between the European Union and certain third countries on trade in wine and Commission Delegated Regulation (EU) 2019/934 and their implementing measures
(b)the entries for Group II, Group III, E 104, E 110, E 405, E 900, E 950, E 951, E 954, E 955, E 959, E 961, E 962, E 969 and E 999 in food category in point 14.2.3 are replaced by the following:| Group II | Colours at quantum satis | quantum satis | | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| Group III | Colours with combined maximum limit | 200 | | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 104 | Quinoline Yellow | 25 | (64) | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 110 | Sunset Yellow FCF/Orange Yellow S | 10 | (64) | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 405 | Propane-1, 2-diol alginate | 100 | | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 900 | Dimethyl polysiloxane | 10 | | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 950 | Acesulfame K | 350 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 951 | Aspartame | 600 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 954 | Saccharin and its Na, K and Ca salts | 80 | (52) | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 955 | Sucralose | 50 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 959 | Neohesperidine DC | 20 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 961 | Neotame | 20 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 962 | Salt of aspartame-acesulfame | 350 | (11)a (49) (50) | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 969 | Advantame | 6 | | excluding cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe| E 999 | Quillaia extract | 200 | (45) | excluding cidre bouché, cydr jakościowy, perry jakościowe, cydr lodowy, perry lodowe
(c)the entries for Group II, Group III, E 104, E 110, E 124, E 160d, E 242 and E 1105 in food category in point 14.2.4 are replaced by the following:| Group II | Colours at quantum satis | quantum satis | | excluding wino owocowe jakościowe| Group III | Colours with combined maximum limit | 200 | | excluding wino owocowe jakościowe| E 104 | Quinoline Yellow | 25 | (64) | excluding wino owocowe jakościowe| E 110 | Sunset Yellow FCF/Orange Yellow S | 10 | (64) | excluding wino owocowe jakościowe| E 124 | Ponceau 4R, Cochineal Red A | 1 | (61) | excluding wino owocowe jakościowe| E 160d | Lycopene | 10 | | excluding wino owocowe jakościowe| E 242 | Dimethyl dicarbonate | 250 | (24) | only fruit wine, alcohol reduced fruit wine and wino owocowe jakościowe, wino owocowe likierowe, wino owocowe aromatyzowane, wino z soku winogronowego, aromatyzowane wino z soku winogronowego, wino owocowe niskoalkoholowe and aromatyzowane wino owocowe niskoalkoholowe| E 1105 | Lysozyme | quantum satis | | only wino z soku winogronowego, aromatyzowane wino z soku winogronowego, wino owocowe niskoalkoholowe and aromatyzowane wino owocowe niskoalkoholowe
(d)the category in point 14.2.5 is amended as follows:
(i)the entry for Group II is replaced by the following:| Group II | Colours at quantum satis | quantum satis | | except miód pitny jakościowy
(ii)the following entry for E 150a is inserted after the entry for Group II:| E 150a | Plain Caramel | quantum satis | | miód pitny jakościowy can only contain E 150a made from honey
(e)the category in point 14.2.6 is amended as follows:
(i)the entry for food category in point 14.2.6 ‘Spirit drinks as defined in Regulation (EC) No 110/2008’ is replaced by the following:14.2.6 | Spirit drinks as defined in Regulation (EU) 2019/787
(ii)the entries for Group II, Group III, E 104, E 110, E 123, E 124, E 150a-d, E 338-452, and E 473-474 in food category 14.2.6 are replaced by the following:| Group II | Colours at quantum satis | quantum satis | | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| Group III | Colours with combined maximum limit | 200 | (87) | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| E 104 | Quinoline Yellow | 180 | (61) | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| E 110 | Sunset Yellow FCF/Orange Yellow S | 100 | (61) | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| E 123 | Amaranth | 30 | | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| E 124 | Ponceau 4R, Cochineal Red A | 170 | (61) | except: spirit drinks as defined in categories 1-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787| E 150a-d | Caramels | quantum satis | | except: spirit drinks as defined in categories 15-17, 22, 36, 37 and 41 of Annex I of Regulation (EU) 2019/787category 2 of Annex I of Regulation (EU) 2019/787 can only contain E 150acategory 1, 3-8, 10-14 of Annex I of Regulation (EU) 2019/787 can only contain added caramel as a means of adjusting the colour| E 338-452 | Phosphoric acid – phosphates – di-, tri- and polyphosphates | 1000 | (1) (4) | except: category 2 of Annex I of Regulation (EU) 2019/787| E 473-474 | Sucrose esters of fatty acids – sucroglycerides | 5000 | (1) | except: category 2 of Annex I of Regulation (EU) 2019/787
(f)the category in point 14.2.7 is amended as follows:
(i)the entry for food category in point 14.2.7 ‘Aromatised wine-based products as defined by Regulation (EEC) No 1601/91’ is replaced by the following:14.2.7 | Aromatised wine products as defined by Regulation (EU) No 251/2014
(ii)the second entry for E 123 in food category in point 14.2.7.1 is replaced by the following:| E 123 | Amaranth | 30 | | only wine-based aperitif
(g)the category in point 14.2.8 is amended as follows:
(i)the entry for food category in point 14.2.8 ‘Other alcoholic drinks including mixtures of alcoholic drinks with non-alcoholic drinks and spirits with less than 15 % of alcohol’ is replaced by the following:14.2.8 | Other alcoholic beverages including mixtures of alcoholic beverages with non-alcoholic beverages and other alcoholic beverages based on distilled alcohol with alcoholic strength by volume less than 15 %
(ii)the entries for Group III, E 104, E 110, E 123, E 124, E 160b(ii), E 200-202, E 210-213, E 220-228, E 242, E405, E 432-436, E 444, E 445, E 481-482, E 952 and E 1105 are replaced by the following:| Group III | Colours with combined maximum limit | 200 | (87) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 104 | Quinoline Yellow | 180 | (61) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 110 | Sunset Yellow FCF/Orange Yellow S | 100 | (61) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 123 | Amaranth | 30 | | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 124 | Ponceau 4R, Cochineal Red A | 170 | (61) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 160b(ii) | Annatto norbixin | 10 | | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 200-202 | Sorbic acid – potassium sorbate | 200 | (1) (2) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 210-213 | Benzoic acid – benzoates | 200 | (1) (2) | only alcoholic beverages with alcoholic strength by volume less than 15 %| E 220-228 | Sulphur dioxide – sulphites | 200 | (3) | only napój winny owocowy, napój winny miodowy, aromatyzowany napój winny owocowy, aromatyzowany napój winny miodowy,| E 220-228 | Sulphur dioxide – sulphites | 20 | (3) | only in fermented grape must-based beverages| E 242 | Dimethyl dicarbonate | 250 | (24) || E 405 | Propane-1, 2-diol alginate | 100 | | only in fermented grape must-based beverages| E 432-436 | Polysorbates | 10 | (1) | only carbonated beverages| E 444 | Sucrose acetate isobutyrate | 300 | | only flavoured cloudy alcoholic beverages with alcoholic strength by volume less than 15 %| E 445 | Glycerol esters of wood rosins | 100 | | only flavoured cloudy alcoholic beverages with alcoholic strength by volume less than 15 %| E 481-482 | Stearoyl-2-lactylates | 8000 | (1) | only flavoured beverages with alcoholic strength by volume less than 15 %| E 952 | Cyclamic acid and its Na and Ca salts | 250 | (51) | only mixtures of alcoholic beverages with non-alcoholic beverages| E 1105 | Lysozyme | quantum satis | | only napój winny owocowy, napój winny miodowy, aromatyzowany napój winny owocowy, aromatyzowany napój winny miodowy
(iii)the entry for E 353 is deleted.
Annex II to Regulation (EC) No 1333/2008 is amended as follows:
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