FSA Letter, 30 July 2002

FLAVOURINGS - Proposal for a European Parliament and Council Regulation on smoke flavourings used or intended for use in or on foods

[See also News Item 18 July 2002 and the Proposal COM (2002) 0400]

The Food Standards Agency is consulting on a proposal from the European Commission for a new Regulation on smoke flavourings. The closing date for comments is 7 September 2002.

The Proposal

The European Commission has published its proposal to establish Community procedures for the evaluation and authorisation of primary smoke condensates and primary tar fractions for use as such in or on foods or in the production of derived smoke flavourings for use in or on foods. The main elements of this proposal are:

• To list the permitted source materials e.g. untreated woods from named plant species, which may be used in the production of primary products (primary smoke condensates and primary tar fractions) and also to specify the reaction conditions under which smoke flavourings are prepared.
• To specify the information necessary for the scientific evaluation of primary products to be conducted by the European Food Safety Authority according to a transparent procedure within a specific timeframe.
• To produce a positive list of primary products and specify their conditions of use in or on foods.
• To require approved products to be re-submitted for evaluation and extension of the authorisation at 10-yearly intervals.
  
• To place traceability requirements on businesses involved in sale of authorised smoke extracts or flavourings derived from such extracts.

Discussion

Denmark has indicated that implementation of food safety legislation is a priority for the term of its Presidency of the EU, which runs from July to December 2002. As discussion of this proposal has been scheduled to take place in September and October, this consultation will be subject to a shorter deadline than the standard period of twelve weeks. Comments on this proposal should therefore be submitted by 7 September 2002. Industry recipients are invited to provide estimates of any financial costs likely to be incurred in complying with the proposed legislation.

Procedure

In the UK, this proposal will be examined by the House of Commons European Scrutiny Committee and the House of Lords Select Committee on the European Communities.

The adoption of this measure is subject to the EC Co-decision procedure. The proposal will be debated by the European Parliament, whose views will be taken into account before Member States reach a Common Position on the proposal.

Once the Regulation is agreed by the Council and European Parliament, it will be directly applicable in the UK. Most of the provisions only come into effect after an approved list of smoke extracts has been drawn up, which will be two years or more after the Regulation is adopted.

Comments and views, including estimates of compliance costs arising from the traceability proposals should be received no later than 7 September 2002.