Flavourings and food ingredients with flavouring properties for use in and on foods

The European Parliament adopted a legislative resolution amending the Council’s common position for adopting a regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulations (EEC) No 1576/89 and (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC. The recommendation for second reading (under the codecision procedure) had been tabled for consideration in plenary by Mojca DRCAR MURKO (ALDE, SI) on behalf of the Committee on the Environment, Public Health and Food Safety. 

The amendments were the result of a compromise between the Council and the Parliament. The main amendments – adopted under the 2nd reading of the codecision procedure – are as follows:

Vulnerable groups: a new part recital states that, where possible, attention should be given to whether or not there could be any negative consequences for vulnerable groups. The use of flavourings must not mislead the consumer.

Consumer protection: Parliament stressed that the objectives are the effective functioning of the internal market, a high level of protection of human health and a high level of consumer protection.

Herbs and spices: 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 are outside the scope of the Regulation.

Regulation (EC) No 1829/2003: when a flavouring already included on the Community list, is produced from a different source falling within the scope of Regulation (EC) No 1829/2003, it will not require a new authorisation under this Regulation, as long as the new source is covered by an authorisation in accordance with Regulation (EC) No 1829/2003 and the flavouring complies with the specifications established under this Regulation

Reporting by the food business operators: a producer or user of a flavouring substance must, if required, inform the Commission of the amount of the substance added to foods in the Community in a period of 12 months. The information provided in this context shall be treated as confidential data insofar as this information is not required for the safety assessment.

Spirit Drinks Regulation: Parliament inserted an amendment which is intended to adapt the new spirit drinks regulation (EC) No 110/2008. It replaces the Common position text adapting the old regulation (EEC) No 1576/89. The deletion of the category “nature-identical“ category must allow the producers of the traditional spirits aquavit and väkevä glögi to only use natural flavouring substances for the sake of their quality image. Regarding the latter, flavouring substances and preparations must be allowed;

Smoke flavourings: Parliament inserted an amendment providing the opportunity for referring to specific smoke flavourings so that consumers would be properly informed about salmon flavouring, bacon flavouring, barbecue flavouring and so on.

Lastly, Article 10 (the content of the Community lists of food additives) shall apply from 18 months after the date of application of the Community list.