HEALTH & CONSUMERS DIRECTORATE-GENERAL SUMMARY RECORD OF THE STANDING COMMITTEE ON THE FOOD CHAIN AND ANIMAL HEALTH HELD IN BRUSSELS ON 23 APRIL 2012

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1 EUROPEAN COMMISSION HEALTH & CONSUMERS DIRECTORATE-GENERAL SANCO Ares (2012) SUMMARY RECORD OF THE STANDING COMMITTEE ON THE FOOD CHAIN AND ANIMAL HEALTH HELD IN BRUSSELS ON 23 APRIL 2012 SECTION "TOXICOLOGICAL SAFETY OF THE FOOD CHAIN" Chairman : Mr M. FLUEH. 27 Member States were present. 1. Exchange of views and possible opinion of the Committee on a draft Commission Regulation amending Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards Polyglycitol syrup (Document SANCO/10389/2012) (Legal basis : Article 14 of Regulation (EC) No 1333/2008 and Article 7(5) of Regulation (EC) No 1331/2008) -- Opinion of the Committee via the Regulatory Procedure with Scrutiny The vote has been postponed. 2. Exchange of views and possible opinion of the Committee on a draft Commission Regulation amending Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards High viscosity mineral oils (Document SANCO/10388/2012) (Legal basis : Article 14 of Regulation (EC) No 1333/2008 and Article 7(5) of Regulation (EC) No 1331/2008) -- Opinion of the Committee via the Regulatory Procedure with Scrutiny The vote has been postponed.

2 3. Exchange of views and possible opinion of the Committee on a draft Commission Regulation amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of Talc (E 553b) and Carnauba wax (E 903) on unpeeled coloured boiled eggs and the use of Shellac (E904) on unpeeled boiled eggs (Document SANCO/10580/2012) (Legal basis : Article 10(3) and Article 30(5) of Regulation (EC) No 1333/2008) - - Opinion of the Committee via the Regulatory Procedure with Scrutiny, curtailed procedure, scrutiny period 2 months An application was introduced to the Commission for the authorisation of the use of Talc (E 553b) and Carnauba wax (E 903) on unpeeled coloured boiled eggs and the use of Shellac (E904) on unpeeled boiled eggs was submitted and was made available to the Member States. When used on the surface of unpeeled coloured boiled eggs these additives serve decoration purposes by providing a more or less shining effect. In addition, Shellac (E904) can contribute to a better preservation of all unpeeled boiled eggs when used on their surface. The additives are not expected to migrate into the internal edible part of the eggs due to their insolubility and to their high molecular weight. The use of those food additives is not liable to have an effect on human health as their waxes remain on the egg shell. It is therefore appropriate to allow the use of Talc (E 553b) and Carnauba wax (E 903) on unpeeled coloured boiled eggs and the use of Shellac (E904) on all unpeeled boiled eggs, coloured as well as non-coloured. The Committee expressed a favourable opinion by unanimity on the proposed measure. 4. Exchange of views and possible opinion of the Committee on a draft Commission Implementing Regulation amending Commission Regulation (EU) No 234/2011 with regard to specific data required for risk assessment of food enzymes (Document SANCO/10297/2012) (Legal basis : Article 9(1) of Regulation (EC) No 1331/2008) -- Opinion of the Committee via the Examination Procedure The Commission presented a proposal on the amendment of Regulation (EU) No 234/2011 to clarify rules for submitting enzyme applications in relation to toxicological data and grouping of dossiers. Comments were received by some Member States and the vote was postponed to further reflect on the comments. The Commission will submit a final document for discussion and possible opinion for the next Committee meeting

3 5. Exchange of views and possible opinion of the Committee on a draft Commission Regulation amending Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes with regard to transitional measures (Document SANCO/10299/2012) (Legal basis : Article 17(5) of Regulation (EC) No 1332/2008) -- Opinion of the Committee via the Regulatory Procedure with Scrutiny The vote has been postponed and will be taken along with the proposal SANCO/10297/2012 at the next Committee meeting. 6. Exchange of views and possible opinion of the Committee on a draft Commission Implementing Regulation adopting the list of flavouring substances provided for by Regulation (EC) N 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 (Document SANCO/11252/2011) (Legal basis : Articles 3(2), 4(1) and 5 of Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 and Article 25(1) of the Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December) -- Opinion of the Committee via the examination procedure The proposed measure concerns the establishment of the Union list of flavourings and source materials and in particular establishment of Part A of the list concerning flavouring substances. The Union list will harmonise the use of flavouring substances in and on food in the European Union. Flavouring substances are defined chemical substances, which include natural flavouring substances and flavouring substances obtained by chemical synthesis or isolated from nature using chemical processes. Some Member States raised the issue that substances may be used for other purposes than flavouring. The Commission's representative proposed to supplement recital 18 of the proposed measure by emphasising further that the current measure concerns the use of substance only for the purpose of imparting or modifying taste and/or odour in food. Some Member States also referred to the on-going discussion with the Member States' experts concerning flavouring substances with modifying properties and the need for guidance on this matter. The Commission's representative made the following statement to this effect : "Flavouring substances included in the Union list of flavourings and source materials are only regulated as regards their use in food in order to impart or modify odour and/or taste. Discussion is still on-going on the interpretation of Regulation (EC) No 1334/2008 as regards flavouring substances with modifying properties. Once the issue has been clarified in the Standing Committee, it is - 2 -

4 possible that the status of some substances now considered as flavouring substances may change." Germany made the following declaration : "Die deutsche Delegation lehnt die Annahme des Verordnungsvorschlages insbesondere aus folgenden Gründen ab: Durch die Verordnung werden nicht abschließend toxikologisch bewertete Stoffe zugelassen. Insbesondere künstliche Aromastoffe, die nicht abschließend toxikologisch bewertet wurden, sollten einem nationalen Regelungsvorbehalt unterliegen. Verschiedene Stoffe, die als Aromastoffe zugelassen werden sollen, sind bereits als Lebensmittelzusatzstoffe zugelassen (insbesondere Benzoesäure, Essigsäure, Propionsäure etc.). Daraus resultieren Probleme in der Abgrenzung der Verwendung dieser Stoffe, die nicht gelöst sind. Bei der Höchstmengenfestsetzung von Stoffen, die aus verschiedenen Quellen herrühren können, sollte die Höchstmenge auf alle Quellen bezogen werden (z. B. für Chinin). Alkohol sollte nicht in der vorgesehenen Breite quantum satis als Aromastoff zugelassen werden. Alkohol sollte grundsätzlich als Lebensmittel angesehen werden, das als solches zu kennzeichnen ist. Nach der breiten Zulassung als Aromastoff kann Alkohol künftig bei der Kennzeichnung unter dem Begriff Aroma subsumiert werden." Belgium made the following declaration : "Belgium welcomes the adoption of the list of flavouring substances. However, Belgium is concerned about the inclusion of not-evaluated newly notified flavouring substances which were not in the register, into the list of flavouring substances." The Committee expressed a favourable opinion by qualified majority on the proposed measure (275 votes in favour, 29 votes against, 41 abstentions). 7. Exchange of views and possible opinion of the Committee on a draft Commission Regulation on transitional measures concerning the Union list of flavourings and source materials set out in Annex I of Regulation (EC) No 1334/2008 (Document SANCO/11254/2011) (Legal basis : Article 25(3) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008) -- Opinion of the Committee via the Regulatory Procedure with Scrutiny The framework Regulation (EC) No 1334/2008 on flavourings requires that, in addition to flavouring substances, flavourings and source materials referred to in Article 9 (b) to (f) of the said Regulation must be evaluated and authorised. Due to - 3 -

5 the adoption of the Union list of flavouring substances these flavourings and source materials would become illegal on the market unless they are in the Union list. To include them in the Union list, they would have to be evaluated and authorised. No evaluation programme has been foreseen in Regulation (EC) N 1334/2008 for these flavourings and source materials. The measure proposes to adopt transitional measures to allow time for evaluation and authorisation of these flavourings and source materials. The Committee expressed a favourable opinion by unanimity on the proposed measure. 8. A.O.B. Sweden announced its decision to notify a ban on bisphenol A (BPA) and substances containing BPA in varnishes and coatings in packaging intended for children up to 3 years of age. The ban should apply from 1st January 2013 and should ensure that the voluntary introduction of BPA free lids on glass jars will remain permanent