(1)

Annex I to Regulation (EC) No 1334/2008 lays down a Union list of flavourings and source materials approved for use in and on foods and their conditions of use.

(2)

Commission Implementing Regulation (EU) No 872/2012 (3) adopted the Union list of flavouring substances and introduced that list in Part A of Annex I to Regulation (EC) No 1334/2008.

(3)

That list 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 submitted by a Member State or by an interested party.

(4)

The Union list of flavourings and source materials laid down in Annex I to Regulation (EC) No 1334/2008 contains Benzene-1,2-diol (FL No. 04.029), which was listed on the basis of a safety assessment by the Scientific Committee for Food.

(5)

On 28 September 2023, the European Food Safety Authority (‘the Authority’), adopted opinions on the renewal of the authorisations for Zesti Smoke code 10 (SF-002) (4), Smoke Concentrate 809045 (SF-003) (5), SmokEz C-10 (SF-005) (6) and SmokEz Enviro-23 (SF-006) (7) as smoke flavouring primary products containing Benzene-1,2-diol (FL No. 04.029). In its opinions, the Authority considered that Benzene-1,2-diol (FL No. 04.029) raises a safety concern as its genotoxicity was identified in vivo upon oral administration.

(6)

In accordance with Article 4, point (a), of Regulation (EC) No 1334/2008, only flavourings that, based on available scientific evidence, do not pose a safety risk to consumer health may be placed on the market. Benzene-1,2-diol (FL No. 04.029) should therefore be removed from the Union list of flavouring substances.

(7)

Regulation (EC) No 1334/2008 should therefore be amended.

(8)

Taking into consideration the low use of this flavouring substance and in order to ensure a smooth transition from the rules existing prior to this Regulation, foods to which Benzene-1,2-diol (FL No. 04.029) has been added and which have been placed on the market in the Union or which are in transit from third countries to the Union before the entry into force of this Regulation should be allowed to be marketed in the Union until their date of minimum durability or use-by date. The transitional measure should not apply to the substance itself and to preparations to which this substance has been added and which are not intended to be consumed as such, as the manufacturers of food products that use those preparations as ingredients know their composition when they use them.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,