title: Commission Implementing Regulation (EU) No 1225/2011 of 28 November 2011 for the purposes of Articles 42 to 52, 57 and 58 of Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty

text:
               29.11.2011

               EN

               Official Journal of the European Union

               L 314/20

         COMMISSION IMPLEMENTING REGULATION (EU) No 1225/2011
   of 28 November 2011
   for the purposes of Articles 42 to 52, 57 and 58 of Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty
   (codification)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (1),
   Whereas:

               (1)

               Commission Regulation (EEC) No 2290/83 of 29 July 1983 laying down provisions for the implementation of Articles 50 to 59b, 63a and 63b of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

               (2)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      SCOPE

   Article 1
   This Regulation lays down provisions for the implementation of Articles 42 to 52, 57 and 58 of Regulation (EC) No 1186/2009.
   CHAPTER II

      GENERAL PROVISIONS

      SECTION 1

         Obligations on the part of the establishment or organisation to which the goods are consigned

   Article 2
   1.   The admission free of import duties of educational, scientific and cultural materials referred to in Article 43, 44(1) and 45 of Regulation (EC) No 1186/2009, hereinafter referred to as ‘goods’, shall entail the following obligations on the part of the establishment or organisation to which the goods are consigned:

               (a)

               to dispatch the goods in question directly to the declared place of destination;

               (b)

               to account for them in its inventory;

               (c)

               to facilitate any verification which the competent authorities consider necessary in order to ensure that the conditions for granting admission free of import duties are satisfied, or remain satisfied.

         In addition, in the case of goods referred to in Articles 44(1) and 45 of Regulation (EC) No 1186/2009, it shall entail the obligation on the part of the establishment or organisation to which the goods are consigned to use those goods exclusively for non-commercial purposes within the meaning of point (b) of Article 46 of that Regulation.
   2.   Heads of establishments or organisations to which the goods are consigned, or their authorised representatives, shall furnish the competent authorities with a statement declaring that they are aware of the various obligations listed in paragraph 1 and including an undertaking to comply with them.
   The competent authorities may require that the statement referred to in the first subparagraph be produced for each import, or for several imports, or for all the imports to be carried out by the establishment or organisation to which the goods are consigned.

      SECTION 2

         Provisions to be applied where the goods are lent, hired out or transferred

   Article 3
   1.   Where the first subparagraph of Article 48(2) of Regulation (EC) No 1186/2009 is applied, the establishment or organisation to which goods are lent, hired out or transferred shall, from the date of receipt of the goods, comply with the same obligations as those set out in Article 2 of this Regulation.
   2.   Where the establishment or organisation to which the goods are lent, hired out or transferred is situated in a Member State other than that in which the establishment that lent, hired out or transferred the goods is situated, upon the dispatch of such goods the competent customs office of the Member State of dispatch shall issue a T 5 control copy in accordance with the rules laid down in Articles 912a to 912g of Commission Regulation (EEC) No 2454/93 (4) in order to ensure that such goods are put to a use entitling them to continue to qualify for admission free of import duties.
   For this purpose, the T 5 control copy shall include, in box 104 under the heading ‘other’, one of the entries listed in Annex I.
   3.   Paragraphs 1 and 2 shall apply mutatis mutandis to the loan, hire or transfer of spare parts, components or specific accessories for scientific instruments or apparatus, and to tools for the maintenance, control, calibration or repair of scientific instruments or apparatus, which have been admitted free of import duties under Article 45 of Regulation (EC) No 1186/2009.
   CHAPTER III

      SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF EDUCATIONAL, SCIENTIFIC OR CULTURAL MATERIALS IN ACCORDANCE WITH ARTICLE 43 OF REGULATION (EC) No 1186/2009

   Article 4
   In order to obtain admission free of import duties of goods in accordance with Article 43 of Regulation (EC) No 1186/2009, the heads of the establishments or organisations to which the goods are consigned, or their authorised representatives, shall submit an application to the competent authority of the Member State in which the establishment or organisation is situated.
   Such application shall be accompanied by all information which the competent authority considers necessary for the purpose of determining whether the conditions laid down for granting admission free of import duties are fulfilled.
   CHAPTER IV

      SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTS AND APPARATUS UNDER ARTICLES 44 AND 46 OF REGULATION (EC) No 1186/2009

   Article 5
   For the purposes of point (a) of Article 46 of Regulation (EC) No 1186/2009, the objective technical characteristics of a scientific instrument or apparatus shall be understood to mean those characteristics resulting from the construction of that instrument or apparatus or from adjustments to a standard instrument or apparatus which make it possible to obtain high-level performances above those normally required for industrial or commercial use.
   Where it is not possible to establish clearly on the basis of its objective technical characteristics whether an instrument or apparatus is to be regarded as a scientific instrument or apparatus, reference shall be made to the use of the instrument or apparatus for which admission free of import duties is requested. If this examination shows that the instrument or apparatus in question is used for scientific purposes, it shall be deemed to be of a scientific nature.
   Article 6
   1.   In order to obtain admission free of import duties of a scientific instrument or apparatus under Article 44(1) of Regulation (EC) No 1186/2009, the heads of the establishments or organisations to which the goods are consigned, or their authorised representatives, shall submit an application to the competent authority of the Member State in which the establishment or organisation is situated.
   2.   The application referred to in paragraph 1 shall contain the following information relating to the instrument or apparatus in question:

               (a)

               the precise trade description of the instrument or apparatus used by the manufacturer, its presumed Combined Nomenclature classification and the objective technical characteristics on the basis of which the instrument or apparatus is considered to be scientific;

               (b)

               the name or business name and address of the manufacturer and, if available, of the supplier;

               (c)

               the country of origin of the instrument or apparatus;

               (d)

               the place where the instrument or apparatus is to be used;

               (e)

               the precise use for which the instrument or apparatus is intended;

               (f)

               the price of the instrument or apparatus or its value for customs purposes;

               (g)

               the quantity of the instrument or apparatus in question.

         Documentary evidence providing all relevant information on the characteristics and technical specifications of the instrument or apparatus shall be furnished with the application.
   Article 7
   The competent authority of the Member State in which is situated the establishment or organisation to which the goods are consigned shall take a direct decision on applications under Article 6 in all cases.
   Article 8
   Authorisations for admission free of import duties shall be valid for a period of six months.
   The competent authorities may, however, set a longer period in the light of the particular circumstances of each case.
   CHAPTER V

      SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF SPARE PARTS, COMPONENTS, SPECIFIC ACCESSORIES AND TOOLS UNDER ARTICLE 45 OF REGULATION (EC) No 1186/2009

   Article 9
   For the purpose of Article 45(a) of Regulation (EC) No 1186/2009 specific accessories means those articles specially designed for use with a specific scientific instrument or apparatus for the purpose of improving its performance and scope.
   Article 10
   In order to obtain admission free of import duties under Article 45 of Regulation (EC) No 1186/2009, either of spare parts, components or specific accessories, or of tools, the heads of the establishments or organisations to which the goods are consigned, or their authorised representatives, shall submit an application to the competent authority of the Member State in which the establishment or organisation is situated.
   This application shall be accompanied by all data deemed necessary by the competent authority for the purpose of determining whether the conditions laid down in Article 45 of Regulation (EC) No 1186/2009 are fulfilled.
   Article 11
   The competent authority of the Member State in which is situated the establishment or organisation to which the goods are consigned shall take a direct decision in respect of the application referred to in Article 10.
   Article 12
   Article 8 shall apply mutatis mutandis to authorisations for admission free of import duties issued under Article 45 of Regulation (EC) No 1186/2009.
   CHAPTER VI

      SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF MEDICAL INSTRUMENTS OR APPARATUS UNDER ARTICLES 57 AND 58 OF REGULATION (EC) No 1186/2009

   Article 13
   1.   In order to obtain admission free of import duties of instruments or apparatus under Articles 57 and 58 of Regulation (EC) No 1186/2009, the heads of the establishments or organisations to which the goods are consigned, or their authorised representatives shall submit an application to the competent authority of the Member State in which the establishment or organisation is situated.
   2.   The application referred to in paragraph 1 shall contain the following information relating to the instrument or apparatus in question:

               (a)

               the precise trade description of the instrument or apparatus used by the manufacturer, and its presumed classification in the Combined Nomenclature;

               (b)

               the name or business name and address of the manufacturer and, if available, of the supplier;

               (c)

               the country of origin of the instrument or apparatus;

               (d)

               the place where the instrument or apparatus is to be used;

               (e)

               the use to which the instrument or apparatus is to be put.

         3.   In the case of a gift, the application shall also include:

               (a)

               the name or business name and address of the donor;

               (b)

               a declaration by the applicant to the effect that:

                           (i)

                           the donation of the instrument or apparatus in question does not conceal any commercial intent on the part of the donor;

                           (ii)

                           the donor is in no way associated with the manufacturer of the instruments or apparatus whose admission free of import duties is requested.

         Article 14
   The competent authority of the Member State in which is situated the establishment or organisation to which the goods are consigned shall take a direct decision on applications in all cases.
   Article 15
   Articles 13 and 14 shall apply mutatis mutandis to spare parts, components, specific accessories and tools to be used for the maintenance, checking, calibration or repair of instruments or apparatus admitted free of import duties pursuant to Article 57(2)(a) and (b) of Regulation (EC) No 1186/2009.
   Article 16
   Article 8 shall apply mutatis mutandis.
   CHAPTER VII

      COMMUNICATION OF INFORMATION TO THE COMMISSION AND THE MEMBER STATES

   Article 17
   1.   Each Member State shall send the Commission a list of the instruments, apparatus, spare parts, components, accessories and tools of which the price or the value for customs purposes exceeds EUR 5 000 and in respect of which it has authorised or refused admission free of import duties under Articles 7, 11 or 14.
   The list shall give the precise trade description of the goods referred to in the first subparagraph and the eight-figure Combined Nomenclature code. It shall also include the name of the manufacturer or manufacturers, the country or countries of origin and the price or customs value of the goods concerned.
   2.   The lists referred to in paragraph 1 shall be sent during the first and third quarters of each year and shall contain particulars of those goods whose admission free of import duties has been authorised or refused during the preceding six months.
   3.   The Commission shall forward these lists to the other Member States.
   Article 18
   In order to ensure the uniform application of Union provisions, the lists referred to in Article 17 shall be examined periodically by the Customs Code Committee.
   CHAPTER VIII

      SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF EQUIPMENT UNDER ARTICLES 51 AND 52 OF REGULATION (EC) No 1186/2009

   Article 19
   1.   In order to obtain admission free of import duties of equipment under Articles 51 and 52 of Regulation (EC) No 1186/2009, the heads of the scientific research establishments or organisations based outside the Union or their authorised representatives shall submit an application to the competent authority of the Member State in which the scientific research establishment or organisation based in the Union is situated.
   2.   The application referred to in paragraph 1 shall contain the following information:

               (a)

               a copy of the scientific cooperation agreement between research establishments situated in the Union and in third countries;

               (b)

               the precise trade description of the equipment as well as the quantity and value thereof and, where appropriate, its presumed classification in the Combined Nomenclature;

               (c)

               the country of origin and of consignment of the equipment;

               (d)

               the place where the equipment is to be used;

               (e)

               the use for which the equipment is intended and the duration of its use.

         Article 20
   1.   Where the competent authority of a Member State in which the establishment or organisation based in the Union is situated receives an application for the admission free of import duties of equipment as defined by Article 51 of Regulation (EC) No 1186/2009, the application and related information shall be sent to the Commission so that it can be examined within the Customs Code Committee before a decision is taken by the said competent authority.
   For the purposes of this examination, additional information shall be sent to the Commission on request.
   2.   The competent authority referred to in paragraph 1 shall inform the Commission of the decision it has taken concerning admission free of import duties.
   Article 21
   Article 8 shall apply mutatis mutandis.
   CHAPTER IX

      FINAL PROVISIONS

   Article 22
   Regulation (EEC) No 2290/83 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
   Article 23
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 324, 10.12.2009, p. 23.

      (2)  OJ L 220, 11.8.1983, p. 20.

      (3)  See Annex II.

      (4)  OJ L 253, 11.10.1993, p. 1.

      ANNEX I

         Entries referred to in Article 3(2)

                  —

                  ‘Стоки на ЮНЕСКО: продължаването на митническите освобождавания подлежи на спазване на член 48, параграф 2, първа алинея от Регламент (ЕО) № 1186/2009’;

                  —

                  ‘Objeto UNESCO: se mantiene la franquicia subordinada al respeto del artículo 48, apartado 2, primer párrafo, del Reglamento (CE) n. 1186/2009’;

                  —

                  ‘Zboží UNESCO: zachování osvobození za předpokladu splnění podmínek čl. 48 odst. 2 prvního pododstavce nařízení (ES) č. 1186/2009’;

                  —

                  ‘UNESCO-varer: Fortsat fritagelse betinget af overholdelse af artikel 48, stk. 2, første afsnit, i forordning (EF) nr. 1186/2009’;

                  —

                  ‘UNESCO-Gegenstand: Weitergewährung der Zollbefreiung abhängig von der Voraussetzung des Artikels 48 Absatz 2 erster Unterabsatz der Verordnung (EG) Nr. 1186/2009’;

                  —

                  ‘UNESCO kaup: impordimaksudest vabastamise jätkamine, tingimusel et täidetakse määruse (EÜ) nr 1186/2009 artikli 48 lõike 2 esimest lõiku’;

                  —

                  ‘Αντικείμενο UNESCO: Διατήρηση της ατέλειας εξαρτώμενη από την τήρηση του άρθρου 48 παράγραφος 2 πρώτο εδάφιο του κανονισμού (ΕΚ) αριθ. 1186/2009’;

                  —

                  ‘UNESCO goods: continuation of relief subject to compliance with the first subparagraph of Article 48(2) of Regulation (EC) No 1186/2009’;

                  —

                  ‘Objet UNESCO: maintien de la franchise subordonné au respect de l'article 48, paragraphe 2, premier alinéa, du règlement (CE) no 1186/2009’;

                  —

                  ‘Oggetto UNESCO: è mantenuta la franchigia a condizione che venga rispettato l'articolo 48, paragrafo 2, primo comma del regolamento (CE) n. 1186/2009’;

                  —

                  ‘UNESCO preces: atbrīvojuma turpmāka piemērošana atkarīga no atbilstības Regulas (EK) Nr. 1186/2009 48. panta 2. punkta pirmajai daļai’;

                  —

                  ‘UNESCO prekės: atleidimo nuo muitų taikymo pratęsimas laikantis Reglamento (EB) Nr. 1186/2009 48 straipsnio 2 dalies pirmosios pastraipos nuostatų’;

                  —

                  ‘UNESCO-áruk: a vámmentesség fenntartása az 1186/2009/EK rendelet 48. cikke (2) bekezdésének első albekezdésében foglalt feltételek teljesítése esetén’;

                  —

                  ‘Oġġetti tal-UNESCO: tkomplija ta' ħelsien mid-dazju suġġetta għal osservanza ta' l-ewwel subparagrafu ta' l-Artikolu 48(2) tar-Regolament (KE) Nru 1186/2009’;

                  —

                  ‘UNESCO-voorwerp: handhaving van de vrijstelling is afhankelijk van de nakoming van artikel 48, lid 2, eerste alinea, van Verordening (EG) nr. 1186/2009’;

                  —

                  ‘Towary UNESCO: kontynuacja zwolnienia z zastrzeżeniem zachowania warunków określonych w art. 48 ust. 2 akapit pierwszy rozporządzenia (WE) nr 1186/2009’;

                  —

                  ‘Objectos UNESCO: é mantida a franquia desde que seja respeitado o n.o 2, primeiro parágrafo do artigo 48.o do Regulamento (CE) n.o 1186/2009’;

                  —

                  ‘Articole UNESCO: menținerea scutirii este condiționată de respectarea prevederilor articolului 48 alineatul (2) primul paragraf din Regulamentul (CE) Nr. 1186/2009’;

                  —

                  ‘Tovar UNESCO: naďalej oslobodený, pokiaľ spĺňa podmienky ustanovené v článku 48 odseku 2 prvom pododseku nariadenia (ES) č. 1186/2009’;

                  —

                  ‘Blago UNESCO: ohranitev oprostitve v skladu s prvim pododstavkom člena 48(2) Uredbe (ES) št. 1186/2009’;

                  —

                  ‘UNESCO-tavarat: tullittomuus jatkuu, edellyttäen että asetuksen (EY) N:o 1186/2009 48 artiklan 2 kohdan ensimmäisen alakohdan ehtoja noudatetaan’;

                  —

                  ‘UNESCO-varor: Fortsatt tullfrihet under förutsättning att villkoren i artikel 48.2 första stycket i förordning (EG) nr 1186/2009 uppfylls’.

      ANNEX II

         Repealed Regulation with list of its successive amendments

                  Commission Regulation (EEC) No 2290/83
                  (OJ L 220, 11.8.1983, p. 20)

                  Commission Regulation (EEC) No 1745/85
                  (OJ L 167, 27.6.1985, p. 21)

                  Point I.19 of Annex I to the 1985 Act of Accession
                  (OJ L 302, 15.11.1985, p. 139)

                  Commission Regulation (EEC) No 3399/85
                  (OJ L 322, 3.12.1985, p. 10)

                  only Article 1 point 4

                  Commission Regulation (EEC) No 3893/88
                  (OJ L 346, 15.12.1988, p. 32)

                  Commission Regulation (EEC) No 1843/89
                  (OJ L 180, 27.6.1989, p. 22)

                  Commission Regulation (EEC) No 734/92
                  (OJ L 81, 26.3.1992, p. 15)

                  Point XIII A.II.5 of Annex I to the 1994 Act of Accession
                  (OJ C 241, 29.8.1994, p. 274)

                  Point 19.B.2 of Annex II to the 2003 Act of Accession
                  (OJ L 236, 23.9.2003, p. 772)

                  Commission Regulation (EC) No 1792/2006
                  (OJ L 362, 20.12.2006, p. 1)

                  only point 11.B.2 of the Annex

      ANNEX III

         Correlation Table

                  Regulation (EEC) No 2290/83

                  This Regulation

                  Article 1

                  Article 1

                  Article 2(1), first subparagraph, introductory phrase

                  Article 2(1), first subparagraph, introductory phrase

                  Article 2(1), first subparagraph, first indent

                  Article 2(1), first subparagraph, point (a)

                  Article 2(1), first subparagraph, second indent

                  Article 2(1), first subparagraph, point (b)

                  Article 2(1), first subparagraph, third indent

                  Article 2(1), first subparagraph, point (c)

                  Article 2(1), second subparagraph

                  Article 2(1), second subparagraph

                  Article 2(2)

                  Article 2(2)

                  Article 3(1)

                  Article 3(1)

                  Article 3(2), first subparagraph

                  Article 3(2), first subparagraph

                  Article 3(2), second subparagraph, introductory phrase

                  Article 3(2), second subparagraph

                  Article 3(2), second subparagraph, list of entries

                  Annex I

                  Article 3(3)

                  Article 3(3)

                  Article 4

                  Article 4

                  Article 5

                  Article 5

                  Article 6

                  Article 6

                  Article 7

                  Article 7

                  Article 8

                  Article 8

                  Article 12

                  Article 9

                  Article 13

                  Article 10

                  Article 14

                  Article 11

                  Article 15

                  Article 12

                  Article 15a

                  Article 13

                  Article 15c

                  Article 14

                  Article 15d

                  Article 15

                  Article 15e

                  Article 16

                  Article 16

                  Article 17

                  Article 18

                  Article 18

                  Article 18a

                  Article 19

                  Article 18b

                  Article 20

                  Article 18c

                  Article 21

                  Article 19

                  —

                  —

                  Article 22

                  Article 20

                  Article 23

                  —

                  Annex II

                  —

                  Annex III


title: Commission Implementing Regulation (EU) 2015/1932 of 26 October 2015 suspending submission of applications for import licences under the tariff quota opened by Regulation (EC) No 1918/2006 for olive oil originating in Tunisia until the end of the 2015 quota year

text:
               28.10.2015

               EN

               Official Journal of the European Union

               L 282/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1932
   of 26 October 2015
   suspending submission of applications for import licences under the tariff quota opened by Regulation (EC) No 1918/2006 for olive oil originating in Tunisia until the end of the 2015 quota year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1918/2006 (2) opened annual tariff quotas for imports of virgin olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the Union.

               (2)

               The quantities covered by the applications for import licences lodged from 1 January 2015 to 4 August 2015 exceed the annual limit of 56 700 tonnes laid down in Article 2(1) of Regulation (EC) No 1918/2006. Commission Implementing Regulation (EU) No 2015/1371 (3) established an allocation coefficient to be applied to the quantities applied for on 3 and 4 August 2015 and suspended the submission of further applications for the month of August 2015. Submission of further applications should be suspended until the end of the current quota year.

               (3)

               In order to ensure that the measure is effective, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Submission of applications for import licences under the quota referred to in Article 2(1) of Regulation (EC) No 1918/2006 is hereby suspended until the end of the current quota year from 28 October 2015.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 October 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quotas for olive oil originating in Tunisia (OJ L 365, 21.12.2006, p. 84).

      (3)  Commission Implementing Regulation (EU) No 2015/1371 of 7 August 2015 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 3 to 4 August 2015 under the tariff quota opened by Regulation (EC) No 1918/2006 for olive oil originating in Tunisia and suspending submission of applications for such licences for the month of August 2015 (OJ L 211, 8.8.2015, p. 32).


title: Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings  Text with EEA relevance

text:
               12.12.2013

               EN

               Official Journal of the European Union

               L 333/54

         COMMISSION IMPLEMENTING REGULATION (EU) No 1321/2013
   of 10 December 2013
   establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended to be used in or on foods (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Article 10(2) of Regulation (EC) No 2065/2003 provides for the initial establishment of a Union list of authorised smoke flavouring primary products (hereinafter referred to as ‘primary products’). That list is to be established on the basis of applications for authorisation submitted by business operators and the opinion issued by the European Food Safety Authority (‘the Authority’) on the relevant primary product.

               (2)

               In accordance with Article 10 of Regulation (EC) No 2065/2003, the Authority received 14 valid applications for authorisation of primary products before 16 June 2005. Three applications have been withdrawn. Therefore the Authority has evaluated in total 11 primary products. One evaluated application has been withdrawn after completion of the evaluation.

               (3)

               According to Article 4(1) of Regulation (EC) No 2065/2003 the authorisation of smoke flavourings may be subject to specific conditions of use and according to Article 9(3) of that Regulation authorisations should be granted for 10 years, renewable in accordance with Article 12 of that Regulation.

               (4)

               Primary products and derived smoke flavourings are used in or on food to impart a smoke taste or to complement another flavour without imparting smoke flavour. They are also used to smoke meat, fish and dairy products. The refined exposure study carried out by Rijksinstituut voor Volksgezondheid en Milieu (RIVM) (2) shows that regardless of the exposure calculation method used, the main contributors to the high intake are predominantly foods that used to be traditionally smoked, such as cooked smoked sausage and bacon. The food groups that are not traditionally smoked, such as crisps, soups and sauces, do not significantly affect exposure. Because primary products are produced from smoke which is subjected to fractionation and purification processes, the use of smoke flavourings is generally considered to be of less health concern than the use of smoke that is made by burning wood or by heating saw dust or small wood chips (3).

               (5)

               The safety assessment of the Authority on the primary product Scansmoke PB1110, adopted on 26 March 2009 (4), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However the uses and use levels as originally proposed by the applicant would provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product Scansmoke PB1110 should therefore be authorised subject to specific conditions of use.

               (6)

               The safety assessment of the Authority on the primary product Zesti Smoke Code 10, adopted on 29 January 2009 (5) and on 6 July 2011 (6), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product Zesti Smoke Code 10 should therefore be authorised subject to specific conditions of use.

               (7)

               The safety assessment of the Authority on the primary product Smoke Concentrate 809045, adopted on 29 January 2009 (7), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. The uses and use levels as proposed by the applicant do not give rise to safety concern. The primary product Smoke Concentrate 809045 should therefore be authorised subject to specific conditions of use.

               (8)

               The safety assessment of the Authority on the primary product Scansmoke SEF 7525, adopted on 14 May 2009 (8), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. The uses and use levels as proposed by the applicant do not give rise to safety concern. The primary product Scansmoke SEF 7525 should therefore be authorised subject to specific conditions of use.

               (9)

               The safety assessment of the Authority on the primary product SmokEz C-10, adopted on 14 May 2009 (9) and on 4 July 2012 (10), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product SmokEz C-10 should therefore be authorised subject to specific conditions of use.

               (10)

               The safety assessment of the Authority on the primary product SmokEz Enviro-23, adopted on 14 May 2009 (11) and on 4 July 2012 (12), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product SmokEz Enviro-23 should therefore be authorised subject to specific conditions of use.

               (11)

               The safety assessment of the Authority on the primary product TradismokeTM A MAX, adopted on 26 November 2009 (13), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product TradismokeTM A MAX should therefore be authorised subject to specific conditions of use.

               (12)

               The safety assessment of the Authority on the primary product Scansmoke R909, adopted on 26 November 2009 (14), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The applicant notified to the Commission on 26 November 2012 that the name of the primary product had been changed to proFagus-Smoke R709. The primary product proFagus-Smoke R709 should therefore be authorised subject to specific conditions of use.

               (13)

               The safety assessment of the Authority on the primary product Fumokomp, adopted on 24 September 2009 (15) and on 6 July 2011 (16), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. The uses and use levels as proposed by the applicant do not give rise to safety concern. The primary product Fumokomp should therefore be authorised subject to specific conditions of use.

               (14)

               The safety assessment of the Authority on the primary product AM 01, adopted on 26 November 2009 (17) and on 2 February 2012 (18), concludes that the data provided by the applicant is sufficient to eliminate the concerns over its genotoxicity. However, the uses and use levels as originally proposed by the applicant provide an insufficient margin of safety. The uses and the use levels have been revised to take into account this opinion. The primary product AM 01 should therefore be authorised subject to specific conditions of use.

               (15)

               In respect of each authorised primary product, the Union list should provide a unique product code, the name of the product, the name and address of the authorisation holder, a description and characterisation of the product, the conditions of its use in or on specific foods or food categories, the date from which the product is authorised and the date until which the product is authorised. For the purpose of this Regulation, the food categories as laid down in Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (19), should be referred to.

               (16)

               Conditions for the production of primary products are laid down in Annex I of the Regulation (EC) No 2065/2003 including maximum content of polycyclic aromatic hydrocarbons.

               (17)

               When authorised smoke flavourings are used in or on food, their use must be in accordance with the conditions of use, including maximum levels, set in the Annex to this Regulation. When authorised smoke flavourings are used in combination, the individual levels should be reduced proportionally.

               (18)

               Smoking by regenerated smoke is a process of treating food by exposing it to smoke which is regenerated by atomizing smoke flavourings in a smoking chamber under the time and temperature conditions similar to those for hot or cold smoking. In that case it is difficult to estimate how much of the smoke flavourings will be present in the final food as marketed due to loss of smoke flavouring during smoking. Therefore, the use should be in accordance with good manufacturing practices.

               (19)

               Unless subject to further restrictions, an authorised smoke flavouring may be present in food, other than by direct addition, as a result of carry-over from an ingredient in which the smoke flavouring was permitted, provided that the level of the smoke flavouring in the final food is no greater than would be introduced by the use of the ingredient under proper technological conditions and good manufacturing practice.

               (20)

               The Union list of smoke flavourings should apply without prejudice to other provisions laid down in sector specific legislation.

               (21)

               Since smoke flavourings are already on the market in the Member States, provisions have been made to ensure that the transition to a Union authorisation procedure is smooth. To this effect transitional periods have been laid down in Article 20 of Regulation (EC) No 2065/2003.

               (22)

               Pursuant to Article 12 of Regulation (EC) No 2065/2003, authorisations are renewable for 10-year periods on application to the Commission by the authorisation holder. The application must be accompanied by the documents listed in Article 12(2) of that Regulation. Those documents must include any available information concerning toxicological data following the advice of Authority given in its guidance document of 7 October 2004 or its latest update.

               (23)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The list of the smoke flavouring primary products authorised to the exclusion of all others in the Union for use in or on foods and/or for the production of derived smoke flavourings, as referred to in Article 6 of Regulation (EC) No 2065/2003, is laid down in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   The list of the authorised smoke flavourings is established with the effect from 1 January 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 December 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 309, 26.11.2003, p. 1.

      (2)  ‘Refined exposure assessment of smoke flavouring primary products with use levels provided by the industry. A pilot study into data collection of use levels.’ RIVM Letter report 320026003.

      (3)  EFSA Journal 2008; 724, 1-114.

      (4)  EFSA Journal 2009; ON-1056, 1-23.

      (5)  EFSA Journal 2009; ON-982, 1-24.

      (6)  EFSA Journal 2011; 9(7):2307.

      (7)  EFSA Journal 2009; ON-981, 1-19.

      (8)  EFSA Journal 2009; 1224, 1-24.

      (9)  EFSA Journal 2009; 1225, 1-28.

      (10)  EFSA Journal 2012; 10(7)2830.

      (11)  EFSA Journal 2009; 1226, 1-26.

      (12)  EFSA Journal 2012; 10(7)2829.

      (13)  EFSA Journal 2010; 8(1):1394.

      (14)  EFSA Journal 2010; 8(1):1395.

      (15)  EFSA Journal 2009; 7(9):1343.

      (16)  EFSA Journal 2011; 9(7):2308.

      (17)  EFSA Journal 2010; 8(1):1396.

      (18)  EFSA Journal 2012; 10(2):2580.

      (19)  OJ L 354, 31.12.2008, p. 16.

      ANNEX

         Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings

                     Note 1:

                  Maximum levels refer to levels in or on food as marketed. By way of derogation from this principle, for dried and/or concentrated foods which need to be reconstituted the maximum levels shall apply to the food as reconstituted according to the instructions on the label taking into account the minimum dilution factor. If primary products are used for the production of the derived smoke flavourings, the maximum levels shall be adjusted accordingly.

                     Note 2:

                  When combinations of smoke flavourings are used in or on foodstuffs, the individual levels shall be reduced proportionally.

                     Note 3:

                  In case smoke flavourings are permitted to be used in processed meat (food category 8.2) or in processed fish and fishery products (food category 9.2) and these foods are smoked in a smoking chamber by regenerating smoke by using these permitted smoke flavourings, the use shall be in accordance with good manufacturing practices.

                     Note 4:

                  The presence of a smoke flavouring shall be permitted:

                              (a)

                              in a compound food other than as referred to in the Annex, where the primary product is permitted in one of the ingredients of the compound food;

                              (b)

                              in a food which is to be used solely in the preparation of a compound food and provided that the compound food complies with this Regulation.

            This shall not apply to 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 of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses (1).

                  Unique code

                  SF-001

                  Name of the product

                  Scansmoke PB 1110

                  Name of the authorisation holder

                  Azelis Denmark A/S

                  Address of the authorisation holder

                              Lundtoftegaardsvej 95

                              2800 Lyngby

                              DENMARK

                  Description and characterisation of the product

                              1.

                              Source materials:
                              90 % beech (Fagus sylvatica), 10 % oak (Quercus alba)

                              2.

                              Specifications:

                                          —

                                          pH: 2,1 – 2,9

                                          —

                                          Water: 47,0 – 56,0 %

                                          —

                                          Acid % (expressed as acetic acid): 8 – 12 %

                                          —

                                          Carbonyl compounds: 17 – 25 %

                                          —

                                          Phenols (as syringol, mg/g): 10,5 – 20,1

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.7.

                              Cheese and cheese products

                  2,0

                              2.

                              Fats and oils and fat and oil emulsions

                  0,002

                              3.

                              Edible ices

                  0,005

                              5.

                              Confectionery

                  0,05

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) No 853/2004 of the European Parliament and of the Council (2)

                  2,0

                              8.2.

                              Processed meat

                  2,0

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  2,0

                              9.3.

                              Fish roe

                  2,0

                              12.2.

                              Herbs, spices, seasonings

                  2,3

                              12.5.

                              Soups and broths

                  0,23

                              12.6.

                              Sauces

                  1,0

                              12.7.

                              Salads and savoury based sandwich spreads

                  0,23

                              14.1.

                              Non-alcoholic beverages

                  0,02

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,02

                              15.

                              Ready-to-eat savouries and snacks

                  2,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-002

                  Name of the product

                  Zesti Smoke Code 10

                  Name of the authorisation holder

                  Mastertaste

                  Address of the authorisation holder

                              Draycott Mills

                              Cam

                              Dursley

                              Gloucestershire GL11 5NA

                              UNITED KINGDOM

                  Description and characterisation of the product

                              1.

                              Source material:
                              50 – 60 % of hickory (Carya ovata), 40 – 50 % oak (Quercus alba)

                              2.

                              Specifications:

                                          —

                                          pH: 2,0 – 2,5

                                          —

                                          Water: 62,3 – 65,7 %

                                          —

                                          Acid % (expressed as acetic acid): 10,5 – 11 %

                                          —

                                          Carbonyl compounds (g/100 ml): 15 – 25

                                          —

                                          Phenols (mg/ml): 12 – 22

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.7.

                              Cheese and cheese products

                  0,50

                              1.8.

                              Dairy analogues, including beverage whiteners

                  0,50

                              4.2.

                              Processed fruits and vegetables

                  0,30

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) No 853/2004

                  2,5

                              8.2.

                              Processed meat

                  2,5

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  2,0

                              9.3.

                              Fish roe

                  2,0

                              12.2.

                              Herbs, spices, seasonings

                  3,0

                              12.5.

                              Soups and broths

                  0,30

                              12.6.

                              Sauces

                  1,0

                              12.9.

                              Protein products, excluding products covered in category 1.8

                  1,0

                              15.

                              Ready-to-eat savouries and snacks

                  3,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-003

                  Name of the product

                  Smoke Concentrate 809045

                  Name of the authorisation holder

                  Symrise AG

                  Address of the authorisation holder

                              Mühlenfeldstraße 1

                              37603 Holzminden

                              GERMANY

                  Description and characterisation of the product

                              1.

                              Source material:
                              Beech (Fagus sylvatica)

                              2.

                              Specifications:

                                          —

                                          pH: 2 – 3

                                          —

                                          Water: 5 – 15 %

                                          —

                                          Acid % (expressed as acetic acid): 8 – 15 %

                                          —

                                          Carbonyl compounds: 10 – 20 %

                                          —

                                          Phenols: 0,2 – 0,6 %

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5 mg/kg

                                          —

                                          Arsenic: < 3 mg/kg

                                          —

                                          Cadmium: < 1 mg/kg

                                          —

                                          Mercury: < 1 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.

                              Dairy products and analogue

                  0,50

                              4.2.

                              Processed fruits and vegetables

                  0,30

                              6.4.5.

                              Fillings of stuffed pasta (ravioli and similar)

                  1,0

                              7.1.

                              Breads and rolls

                  0,60

                              7.2.

                              Fine bakery wares

                  0,60

                              8.

                              Meat

                  0,60

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  0,60

                              9.3.

                              Fish roe

                  0,60

                              12.2.

                              Herbs, spices, seasonings

                  3,0

                              12.5.

                              Soups and broths

                  0,60

                              12.6.

                              Sauces

                  4,0

                              12.7.

                              Salads and savoury based sandwich spreads

                  1,0

                              12.9.

                              Protein products, excluding products covered in category 1.8

                  1,0

                              15.

                              Ready-to-eat savouries and snacks

                  3,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-004

                  Name of the product

                  Scansmoke SEF 7525

                  Name of the authorisation holder

                  Azelis Denmark A/S

                  Address of the authorisation holder

                              Lundtoftegaardsvej 95

                              2800 Lyngby

                              DENMARK

                  Description and characterisation of the product

                              1.

                              Source materials:
                              35 % red oak (Quercus rubra), 35 % white oak (Quercus alba), 10 % maple (Acer saccharum), 10 % beech (Fagus grandifolia) and 10 % hickory (Carya ovata).

                              2.

                              Specifications:

                                          —

                                          Water: 0,3 – 0,9 wt. %

                                          —

                                          Acid (expressed as acetic acid): 0,09 – 0,25 meq/g

                                          —

                                          Carbonyl compounds: 1,2 – 3,0 wt. %

                                          —

                                          Phenols: 8 – 12 wt. %

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.

                              Dairy products and analogue

                  0,16

                              2.

                              Fats and oils and fat and oil emulsions

                  0,05

                              4.2.

                              Processed fruits and vegetables

                  0,05

                              5.

                              Confectionery

                  0,08

                              6.

                              Cereals and cereal products

                  0,05

                              7.1.

                              Breads and rolls

                  0,08

                              7.2.

                              Fine bakery wares

                  0,08

                              8.

                              Meat

                  0,16

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  0,16

                              9.3.

                              Fish roe

                  0,16

                              10.2.

                              Processed eggs and egg products

                  0,05

                              12.2.

                              Herbs, spices, seasonings

                  0,18

                              12.5.

                              Soups and broths

                  0,05

                              12.6.

                              Sauces

                  0,05

                              12.7.

                              Salads and savoury based sandwich spreads

                  0,05

                              12.9.

                              Protein products, excluding products covered in category 1.8

                  0,05

                              14.1.

                              Non-alcoholic beverages

                  0,05

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,05

                              15.

                              Ready-to-eat savouries and snacks

                  0,08

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-005

                  Name of the product

                  SmokEz C-10

                  Name of the authorisation holder

                  Red Arrow Products Company LLC

                  Address of the authorisation holder

                              P.O. Box 1537

                              633 South 20th street

                              Manitowoc, WI 54221- 1537

                              USA

                  Description and characterisation of the product

                              1.

                              Source materials:

                                          Maple (Acer saccharum): 25 – 60 %

                                          Oak (Quercus alba): 10 – 40 %

                                          Hickory (Carya ovata): 10 – 25 %

                                          Ash (Fraxinus americana), birch (Betula papyrifera and Betula alleghanisensis), cherry (Prunus serotina), beech (Facus grandifolia): 0 – 15 % (in total)

                              2.

                              Specifications:

                                          —

                                          pH: 2,15 – 2,6

                                          —

                                          Water: 60,7 – 65,1 %

                                          —

                                          Acid % (expressed as acetic acid): 10,5 – 12,0 wt. %

                                          —

                                          Carbonyl compounds: 12,0 – 17,0 wt. %

                                          —

                                          Phenols: 10,0 – 15,0 mg/ml

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.7.

                              Cheese and cheese products

                  0,20

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) no 853/2004

                  2,5

                              8.2.

                              Processed meat

                  2,5

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  2,0

                              9.3.

                              Fish roe

                  2,0

                              12.2.

                              Herbs, spices, seasoning and condiments

                  3,0

                              12.6.

                              Sauces and like products

                  3,0

                              15.

                              Ready-to-eat savouries and snacks

                  3,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-006

                  Name of the product

                  SmokEz Enviro-23

                  Name of the authorisation holder

                  Red Arrow Products Company LLC

                  Address of the authorisation holder

                              P.O. Box 1537

                              633 South 20th street

                              Manitowoc, WI 54221- 1537

                              USA

                  Description and characterisation of the product

                              1.

                              Source materials:

                                          Maple (Acer saccharum): 25 – 65 %

                                          Oak (Quercus alba): 20 – 75 %

                                          Hickory (Carya ovata), ash (Fraxinus americana), birch (Betula papyrifera and Betula alleghanisensis), cherry (Prunus serotina), beech (Facus grandifolia): 0 – 15 % (in total)

                              2.

                              Specifications:

                                          —

                                          pH: 2,8 – 3,2

                                          —

                                          Water: 57,0 – 64,4 %

                                          —

                                          Acid % (expressed as acetic acid): 6,0 – 7,0 wt. %

                                          —

                                          Carbonyl compounds: 16,0 – 24,0 wt. %

                                          —

                                          Phenols: 10,0 – 16,0 mg/ml

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.7.

                              Cheese and cheese products

                  2,0

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) no 853/2004

                  5,0

                              8.2.

                              Processed meat

                  5,0

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  2,0

                              9.3.

                              Fish roe

                  2,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-007

                  Name of the product

                  TradismokeTM A MAX

                  Name of the authorisation holder

                  Nactis

                  Address of the authorisation holder

                              36, rue Gutenberg – ZI La Marinière

                              91070 Bondoufle

                              FRANCE

                  Description and characterisation of the product

                              1.

                              Source materials:
                              Beech (Fagus grandifolia)

                              2.

                              Specifications:

                                          —

                                          pH: 1,5 – 2,5

                                          —

                                          Water: 50 – 58 wt. %

                                          —

                                          Acid % (expressed as acetic acid): 13 – 16 wt. %

                                          —

                                          Carbonyl compounds: 17 – 22 wt. %

                                          —

                                          Phenols: 30 – 45 mg/ml

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.4.

                              Flavoured fermented milk products including heat treated products

                  1,0

                              1.6.3.

                              Other creams

                  1,0

                              1.7.3.

                              Edible cheese rind

                  1,0

                              1.7.5.

                              Processed cheeses

                  1,0

                              2.

                              Fats and oils and fat and oil emulsions

                  1,0

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) No 853/2004

                  4,0

                              8.2.

                              Processed meat

                  4,0

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  4,0

                              9.3.

                              Fish roe

                  4,0

                              12.2.

                              Herbs, spices, seasonings

                  1,0

                              12.5.

                              Soups and broths

                  0,50

                              12.6.

                              Sauces

                  1,0

                              14.1.

                              Non-alcoholic beverages

                  0,10

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,10

                              15.

                              Ready-to-eat savouries and snacks

                  1,0

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-008

                  Name of the product

                  proFagus-Smoke R709

                  Name of the authorisation holder

                  ProFagus Gmbh

                  Address of the authorisation holder

                              Uslarer Strasse 30

                              37194 Bodenfelde

                              GERMANY

                  Description and characterisation of the product

                              1.

                              Source materials:
                              90 % beech (Fagus sylvatica), 10 % oak (Quercus alba)

                              2.

                              Specifications:

                                          —

                                          pH: 2,0 – 2,5

                                          —

                                          Water: 76,7 – 83,5 %

                                          —

                                          Acid (expressed as acetic acid): 10,5 – 12,5 meq/g

                                          —

                                          Carbonyl compounds: 5 – 10 wt. %

                                          —

                                          Phenols: 5 – 10 wt. %

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.7.

                              Cheese and cheese products

                  2,5

                              2.

                              Fats and oils and fat and oil emulsions

                  0,002

                              3.

                              Edible ices

                  0,005

                              4.2.

                              Processed fruits and vegetables

                  0,55

                              5.

                              Confectionery

                  0,10

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) No 853/2004

                  2,5

                              8.2.

                              Processed meat

                  2,5

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  2,5

                              9.3.

                              Fish roe

                  2,5

                              12.2.

                              Herbs, spices, seasonings

                  4,0

                              12.4.

                              Mustard

                  0,10

                              12.5.

                              Soups and broths

                  0,28

                              12.6.

                              Sauces

                  1,5

                              12.7.

                              Salads and savoury based sandwich spreads

                  0,40

                              14.1.

                              Non-alcoholic beverages

                  0,10

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,02

                              15.

                              Ready-to-eat savouries and snacks

                  2,5

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-009

                  Name of the product

                  Fumokomp

                  Name of the authorisation holder

                  Kompozíció Kft

                  Address of the authorisation holder

                              Kompozíció Kft

                              2053 Herceghalom

                              HUNGARY

                  Description and characterisation of the product

                              1.

                              Source materials:
                              85 % beech (Fagus sylvatica), 15 % hornbeam (Carpinus betulus)

                              2.

                              Specifications:

                                          —

                                          Water content: < 2 w/w %

                                          —

                                          Acid % (expressed as acetic acid): 1 – 8 w/w %

                                          —

                                          Carbonyl compounds: 25 – 30 w/w %

                                          —

                                          Phenols: 15 – 60 w/w %

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.4.

                              Flavoured fermented milk products including heat treated products

                  0,06

                              1.6.3.

                              Other creams

                  0,06

                              1.7.

                              Cheese and cheese products

                  0,06

                              1.8.

                              Dairy analogues, including beverage whiteners

                  0,06

                              2.

                              Fats and oils and fat and oil emulsions

                  0,06

                              3.

                              Edible ices

                  0,06

                              4.2.

                              Processed fruit and vegetables

                  0,06

                              5.

                              Confectionery

                  0,06

                              6.3.

                              Breakfast cereals

                  0,06

                              6.4.5.

                              Fillings of stuffed pasta (ravioli and similar)

                  0,06

                              6.5.

                              Noodles

                  0,06

                              6.6.

                              Batters

                  0,06

                              6.7.

                              Pre-cooked or processed cereals

                  0,06

                              7.1.

                              Breads and rolls

                  0,06

                              7.2.

                              Fine bakery wares

                  0,06

                              8.

                              Meat

                  0,06

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  0,06

                              9.3.

                              Fish roe

                  0,06

                              10.2.

                              Processed eggs and egg products

                  0,06

                              12.2.

                              Herbs, spices, seasonings

                  0,06

                              12.3.

                              Vinegar

                  0,06

                              12.4.

                              Mustard

                  0,06

                              12.5.

                              Soups and broths

                  0,06

                              12.6.

                              Sauces

                  0,06

                              12.7.

                              Salads and savoury based sandwich spreads

                  0,06

                              12.9.

                              Protein products, excluding products covered in category 1.8

                  0,06

                              13.3.

                              Dietary foods for weight control diets intended to replace total daily food intake or an individual meal

                  0,06

                              13.4.

                              Foodstuffs suitable for people intolerant to gluten as defined by Regulation (EC) No 41/2009 (3)

                  0,06

                              14.1.4.

                              Flavoured drinks

                  0,06

                              14.1.5.2.

                              Other

                  0,06

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,06

                              15.

                              Ready-to-eat savouries and snacks

                  0,06

                              16.

                              Desserts excluding products covered in category 1, 3 and 4

                  0,06

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

                  Unique code

                  SF-010

                  Name of the product

                  AM 01

                  Name of the authorisation holder

                  AROMARCO, s.r.o

                  Address of the authorisation holder

                              Mlynská 15

                              929 01 Dunajská Streda

                              SLOVAKIA

                  Description and characterisation of the product

                              1.

                              Source materials:
                              Beech (Fagus sylvatica)

                              2.

                              Specifications:

                                          —

                                          Solvent: ethanol/water mixture (approx. 60/40 wt. %)

                                          —

                                          Acid (expressed as acetic acid): 3,5 – 5,2 g/kg

                                          —

                                          Carbonyl compounds: 6,0 – 10,0 g/kg

                                          —

                                          Phenols: 8,0 – 14,0 g/kg

                              3.

                              Purity criteria:

                                          —

                                          Lead: < 5,0 mg/kg

                                          —

                                          Arsenic: < 3,0 mg/kg

                                          —

                                          Cadmium: < 1,0 mg/kg

                                          —

                                          Mercury: < 1,0 mg/kg

                  Conditions of use

                  Food category

                  Maximum level g/kg

                              1.4.

                              Flavoured fermented milk products including heat treated products

                  0,60

                              1.6.3.

                              Other creams

                  0,60

                              1.7.

                              Cheese and cheese products

                  0,60

                              1.8.

                              Dairy analogues, including beverage whiteners

                  0,60

                              2.

                              Fats and oils and fat and oil emulsions

                  0,40

                              8.1.2.

                              Meat preparations as defined by Regulation (EC) no 853/2004

                  0,85

                              8.2.

                              Processed meat

                  0,85

                              9.2.

                              Processed fish and fishery products including crustaceans and molluscs

                  0,80

                              9.3.

                              Fish roe

                  0,80

                              14.2.

                              Alcoholic beverages, including alcohol-free and low-alcohol counterparts

                  0,02

                              15.

                              Ready-to-eat savouries and snacks

                  1,30

                  Date from which the product is authorised

                  1 January 2014

                  Date until which the product is authorised

                  1 January 2024

         (1)  OJ L 124, 20.5.2009, p. 21.

         (2)  OJ L 139, 30.4.2004, p. 55.

         (3)  OJ L 16, 21.1.2009, p. 3.