Commission Implementing Regulation (EU) No 872/2012 of 1 October 2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217/EC Text with EEA relevance

For the purposes of this Regulation the following definitions shall apply: (a) ‘Union list’ means the list of flavourings and source materials set out in Annex I to Regulation (EC) No 1334/2008; (b) ‘evaluated flavouring substances’ means substances for which the evaluation and approval have been completed at Union level. Those substances are assigned no footnotes in Part A of the Union list of flavourings and source materials; (c) ‘flavouring substances under evaluation’ means substances for which the risk assessment at Union level has not been completed at the time of entry into force of this Regulation. Those substances are assigned footnotes 1 to 4 in Part A of the Union list of flavourings and source materials.

The list of flavouring substances referred to in Article 2(2) of Regulation (EC) No 2232/96 is hereby adopted as set out in Part A of the Annex to this Regulation.

The text in the Annex to this Regulation is introduced into Annex I to Regulation (EC) No 1334/2008.

Flavouring substances under evaluation may be placed on the market and used in or on foods pending their inclusion as evaluated flavouring substances in Part A of the Union list or their removal from that list.

Where necessary, Part A of the Union list shall be updated in accordance with the procedure referred to in Article 7 of Regulation (EC) No 1331/2008 as from the date of entry into force of this Regulation.

1 For the purposes of Article 24(2) of Regulation (EC) No 1334/2008, concerning the repeal of Regulation (EC) No 2232/96, the date of application of the list of flavouring substances referred to in Article 2(2) of Regulation (EC) No 2232/96 shall be 22 April 2013.

2 However, Articles 1 and 2, Article 3(1) and (2), and Article 4(1) and (2) of Regulation (EC) No 2232/96 and the Annex thereto shall continue to apply to flavouring substances under evaluation pending their inclusion as evaluated substances in Part A of the Union list or their removal from that list. References made in those Articles to the Register of flavouring substances shall be construed as references to Part A of the Union list.

Regulation (EC) No 1565/2000 is hereby repealed with effect from 22 April 2013. However it shall continue to apply to flavouring substances under evaluation.

Decision 1999/217/EC is repealed with effect from 22 April 2013.

Member States may apply national provisions which are more restrictive than Part A of the Union list as regards the use of flavouring substances in infant formulae, follow-on formulae, processed cereal-based foods and baby foods and dietary foods for special medical purposes intended for infants and young children as referred to in Directive 2009/39/EC. Those national measures must be essential to ensure that consumers are adequately protected and must be proportionate to the attainment of that objective.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 22 April 2013.