(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 beverages (3) (‘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 market (4). 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 Council (5), 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 Council (6) 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 Council (7), 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 Council (8). 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,