REPORT on the proposal for a regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1576/89, Council Regulation (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC

14.5.2007 - (COM(2006)0427 – C6‑0259/2006 – 2006/0147(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Mojca Drčar Murko

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1576/89, Council Regulation (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC

(COM(2006)0427 – C6‑0259/2006 – 2006/0147(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0427)[1],

–   having regard to Article 251(2) and Articles 37 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0259/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6‑0185/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission	Amendments by Parliament
Amendment 1 RECITAL 6
(6) Flavourings and food ingredients with flavouring properties may only be used if they fulfil the criteria laid down in this Regulation. They must be safe when used, and certain flavourings should, therefore, undergo a risk assessment before they can be permitted in food. They should not mislead the consumer and their presence in food should, therefore, always be indicated by appropriate labelling.	(6) Flavourings and food ingredients with flavouring properties may only be used if they fulfil the criteria laid down in this Regulation. They must be safe when used, and certain flavourings should, therefore, undergo a risk assessment before they can be permitted in food. Where possible, attention should be given to whether or not there could be any negative consequences for vulnerable groups, including the development of taste preferences in children. They should not mislead the consumer and their presence in food should, therefore, always be indicated by appropriate labelling. Misleading the consumer includes, but is not limited to, issues related to the nature, freshness, quality of ingredients used, the naturalness of a product or of the production process, or the nutritional quality of the product.
Amendment 2 RECITAL 11
(11) In order to ensure harmonisation, the risk assessment and approval of flavourings and source materials that need to undergo an evaluation should be carried out in accordance with the procedure laid down in Regulation (EC) No […]establishing a common approval procedure for food additives, food enzymes and food flavourings.	(11) In order to ensure harmonisation, the risk assessment and approval of flavourings and source materials that need to undergo an evaluation should be carried out in accordance with the precautionary principle and the procedure laid down in Regulation (EC) No […]establishing a common approval procedure for food additives, food enzymes and food flavourings.
Justification
The precautionary principle should be in the centre of the risk assessment of flavourings.
Amendment 3 RECITAL 20
(20) A flavouring or a source material which falls under the scope of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed should be authorised according to that Regulation, prior to its approval under this Regulation.	(20) A flavouring or a source material which falls under the scope of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed should be subject to the authorisation procedure under that Regulation with regard to the safety assessment of the genetic modification, while the final authorisation of the flavouring or source material should be granted under this Regulation.
Amendment 4 RECITAL 22
(22) Specific information requirements should ensure that consumers are not misled concerning the source material used for the production of natural flavourings. The source of vanillin obtained from wood will, for example, have to be mentioned.	(22) Specific information requirements should ensure that consumers are not misled concerning the source material used for the production of natural flavourings.
Justification
If the point of this introductory provision is to clarify the type of information which needs to be provided in order to ensure that consumers are not misled, then it is not sufficient to give just a single example.
Amendment 5 RECITAL 22 A (new)
	(22a) Food flavourings should remain subject to the general labelling obligations as provided for in Directive 2000/13/EC and, where appropriate, in Regulation (EC) No 1829/2003. In addition, specific provisions on labelling of flavourings sold as such to the manufacturer or to the final consumer should be included in this Regulation.
Justification
It is necessary to include the provisions applicable to the labelling of food flavourings in a recital, to justify Article 15 .
Amendment 6 RECITAL 25
(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission13. 13 OJ L 184, 17.7.1999, p. 23.	(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission13. 13 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision..
Amendment 7 ARTICLE 1, PARAGRAPH 1
This Regulation lays down rules on flavourings and food ingredients with flavouring properties for use in and on foods to ensure the effective functioning of the internal market and a high level of human health protection and consumer protection.	This Regulation lays down rules on flavourings and food ingredients with flavouring properties for use in and on foods to ensure a high level of human health protection and consumer protection and the effective functioning of the internal market.
Justification
Article 95 of the EC Treaty, which provides the legal basis for this regulation, mentions first the effective functioning of the internal market, and then a high level of human health protection and consumer protection. However, in the context of this regulation, which implements the objectives of the 2000 White Paper on Food Safety, that order could give the impression that the regulation was intended mainly to promote competition in the internal market and that human health and consumer protection were secondary.
Amendment 8 ARTICLE 2, PARAGRAPH 1, POINT (A)
(a) flavourings which are used or intended to be used in or on foods, with the exception of smoke flavourings falling within the scope of Regulation (EC) No 2065/2003;	(a) flavourings which are used or intended to be used in or on foods, without prejudice to more specific provisions laid down in Regulation (EC) No 2065/2003;
Justification
In the interest of consistency and clarity all legislation relating to the safety and use of flavourings should be within the scope of this Regulation. Smoke flavourings are already specifically regulated under Regulation (EC) No 2065/2003.
Amendment 9 ARTICLE 2, PARAGRAPH 1, POINT (C)
(c) food containing flavourings and food ingredients with flavouring properties;	(c) food containing flavourings and/or food ingredients with flavouring properties;
Justification
The wording proposed is not consistent with the title of Part B of Annex III, nor with Article 26 relating to the labelling of flavoured foodstuffs. Therefore 'or' should be added to 'and' since the wording would otherwise exclude from the scope food containing only flavourings and food containing only food ingredients with flavouring properties.
Amendment 10 ARTICLE 2, PARAGRAPH 2, POINT (B)
(b) raw or non-compound foods.	(b) raw or non-compound foods such as, but not exclusively, fresh or dried herbs and spices or tea/herbal infusions as such.
Justification
In order to improve clarity it would be useful to include some examples of food considered to be raw or non-compound, since it remains unclear to what extent, for example, herbal and fruit teas and traditional spice mixtures would fall within the Regulation's scope. There is evidence that a herb does not display the same toxicological effect of concern as an individual component within it. Setting maximum levels for such components may lead to increased use of herb extracts and it is not clear this will provide increased consumer protection.
Amendment 11 ARTICLE 2, PARAGRAPH 3
3. Where necessary, it may be decided in accordance with the procedure referred to in Article 18(2) whether or not a given substance or mixture of substances, material or type of food falls within the scope of this Regulation.	3. Where necessary, it may be decided in accordance with the regulatory procedure with scrutiny referred to in Article 18(2a) whether or not a given substance or mixture of substances, material or type of food falls within the scope of this Regulation.
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 12 ARTICLE 3, PARAGRAPH 2, POINT (A), (II A) (new)
	(iia) which may contain food including food additives as permitted by Regulation (EC) No xxxx/2007 of the European Parliament and of the Council of …. on food additives;
Justification
The proposal does not mention the possibility of adding food and/ or food additives to flavourings. However, additives and food are necessary for the storage and use of flavourings and for dissolving and diluting these products. In many cases flavourings are compounded to contain food ingredients as part of the flavouring, e.g. cheese powder in a cheese and onion flavouring.
Amendment 13 ARTICLE 3, PARAGRAPH 2, POINT (H)
(h) ‘other flavouring’ shall mean a flavouring added or intended to be added to food in order to impart odour and/or taste and which does not fall under the definitions (b) to (g);	(h) ‘flavouring not elsewhere specified ’ shall mean a flavouring added or intended to be added to food in order to impart odour and/or taste and which does not fall under the definitions (b) to (g);
Justification
The definition of 'other flavouring' requires clarification.
Amendment 14 ARTICLE 3, PARAGRAPH 2, POINT (I)
(i) ‘food ingredient with flavouring properties’ shall mean a food ingredient other than flavourings which may be added to food for the main purpose of adding flavour to it or modifying its flavour;	(i) ‘food ingredient with flavouring properties’ shall mean a food ingredient other than flavourings which may be added to food for the main purpose of adding flavour to it or modifying its flavour and the use of which contributes significantly to the presence of substances in compound foods as specified in Part B of Annex III;
Justification
In order to maintain proportionality in application the scope and definition should be restricted to those food ingredients with flavouring properties which are considered to contribute significantly to intake. This amendment is linked to Recital 5 of the text proposed by the Commission.
Amendment 15 ARTICLE 3, PARAGRAPH 2, POINT (K)
(k) ‘appropriate physical process’ shall mean a physical process which does not intentionally modify the chemical nature of the components of the flavouring and does not involve the use of singlet oxygen, ozone, inorganic catalysts, metal catalysts, organometallic reagents and/or UV radiation.	(k) ‘appropriate physical process’ shall mean a physical process which does not intentionally modify the chemical nature of the components of the flavouring, without prejudice to the listing of traditional food preparation processes in Annex II, in which the use of singlet oxygen, ozone, inorganic catalysts, organometallic reagents and/or UV radiation is not included.
Amendment 16 ARTICLE 3, PARAGRAPH 4
4. Where necessary, it may be decided in accordance with the procedure referred to in Article 18(2) whether or not a given substance falls within a specific category listed in paragraph 2(b) to (j).	deleted
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 17 ARTICLE 4, POINT (A)
(a) they do not, on the basis of the scientific evidence available, pose a safety concern to the health of the consumer;	(a) they do not, on the basis of the scientific evidence available and the precautionary principle, pose a safety concern to the health of the consumer;
Justification
As in the current legislation on food additives, a clear benefit for the consumer must be a central requirement in the authorisation process for food enzymes.
Amendment 18 ARTICLE 4, POINT (B)
(b) their use does not mislead the consumer.	(b) their use does not mislead the consumer – this would include for example the nutritional quality, naturalness and fruit and vegetable content of a product;
Amendment 19 ARTICLE 4, POINT (B A) (new)
	(ba) their use must have advantages and benefits for the consumer;
Amendment 20 ARTICLE 4, POINT (B B) (new)
	(bb) there is a reasonable technological need and the desired effect cannot be achieved by using spices;
Amendment 21 ARTICLE 5, PARAGRAPH 2, SUBPARAGRAPH 1
2. Maximum levels of certain substances, naturally present in flavourings and food ingredients with flavouring properties, in the compound foods listed in Part B of Annex III shall not be exceeded as a result of the use of flavourings and food ingredients with flavouring properties in and on those foods.	2. When there is a justified scientific concern that certain substances, naturally present in flavourings and food ingredients with flavouring properties, in compound foods may pose a safety concern to the health of the consumer, the Commission may, on its own initiative or on the basis of information provided by Member States, and following the opinion of the Authority, set maximum levels for these substances which will be listed in Part B of Annex III.
Justification
The purpose of extending the scope of the Regulation to include food ingredients with flavouring properties is to assist in the control of the biologically active principles (certain substances naturally present in flavourings and food ingredients with flavouring properties). Should certain naturally occurring undesirable substances raise scientifically justified concern for the health of consumers, maximum levels can be set by the Commission following EFSA's opinion.
Amendment 22 ARTICLE 5, PARAGRAPH 2 A (new)
	2a. By way of derogation from paragraph 2, the maximum levels shall not apply where a compound food contains no added flavourings and the only food ingredients with flavouring properties which have been added are fresh or dried herbs and spices.
Justification
See justification to amendment to Article 2(2)(b) on fresh or dried herbs and spices.
Amendment 23 ARTICLE 5, PARAGRAPH 3
3. Detailed rules for the implementation of paragraph 2 may be adopted in accordance with the procedure referred to in Article 18(2).	3. Detailed rules for the implementation of paragraph 2 may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2a).
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 24 ARTICLE 7, PARAGRAPH 2, SUBPARAGRAPH 2
If necessary, the Commission shall adopt measures following the opinion of the Authority, in accordance with the procedure referred to in Article 18(2). Such measures shall be laid down in Annexes III, IV and/or V as appropriate.	If necessary, the Commission shall adopt measures following the opinion of the Authority, in accordance with the regulatory procedure with scrutiny referred to in Article 18(2a). Such measures shall be laid down in Annexes III, IV and/or V as appropriate.
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 25 ARTICLE 11
A flavouring or source material falling within the scope of Regulation (EC) No 1829/2003 may be included in the Community list only after it has been authorised in accordance with the procedure referred to in Article 7 of Regulation (EC) No 1829/2003.	A flavouring or source material falling within the scope of Regulation (EC) No 1829/2003 may be included in the Community list in accordance with this Regulation only if it is covered by an authorisation in accordance with Regulation (EC) No 1829/2003.
Justification
Linked to the amendment to recital 20.
Amendment 26 ARTICLE 13, PARAGRAPH 1, POINT (B)
(b) the name or business name and address of the manufacturer or packager, or of a seller;	(b) the name or business name and address of the manufacturer or packager, or of a seller established within the Community;
Justification
Traceability should be ensured and labelling provisions laid down in Directive 2000/13/EC, as regards the final consumer, should be applied. Therefore the business operator must be established within the EU.
Amendment 27 ARTICLE 13, PARAGRAPH 1, POINT (D), (II)
(ii) the names of each of the other substances or materials contained in the product or, where appropriate, their E-number;	(ii) the names of each of the other substances or materials contained in the product, their E-number and, where appropriate, the indication "produced from GMOs";
Justification
Labelling provisions should be clarified regarding enzymes produced from GMOs. This is in line with the concept of 'last living organism' ruling the labelling provisions of Regulation (EC) No 1829/2003 on GM food and feed.
Amendment 28 ARTICLE 13, PARAGRAPH 1, POINT (E)
(e) an indication of the maximum quantity of each component or group of components subject to quantitative limitation in food and/or appropriate information in clear and easily understandable terms enabling the purchaser to comply with this Regulation or other relevant Community legislation;	(e) an indication of the maximum quantity of each component or group of components subject to quantitative limitation in food and/or appropriate information in clear and easily understandable terms enabling the purchaser to comply with this Regulation or other relevant Community legislation, including Regulation (EC) No 1829/2003;
Justification
Given the importance to food safety of Regulation 1829/2003, it should be mentioned explicitly.
Amendment 29 ARTICLE 14, PARAGRAPH 4, SUBPARAGRAPH 1
4. The term ‘natural’ may only be used in combination with a reference to a food, food category or a vegetable or animal flavouring source, if at least 90% [by w/w] of the flavouring component has been obtained from the source material referred to.	4. The term ‘natural’ may only be used in combination with a reference to a food, food category or a vegetable or animal flavouring source if at least 95% [by w/w] of the flavouring component has been obtained from the source material referred to.
Justification
The 90/10 ratio could mislead consumers. The proposed text could give consumers the impression that the flavouring was obtained primarily from the majority component referred to, whereas in fact the remaining 10% was obtained from entirely different ingredients. The ratio should be 95/5.
Amendment 30 ARTICLE 15, PARAGRAPH 1
1. Without prejudice to Directive 2000/13/EC, flavourings intended for sale to the final consumer may be marketed only if their packaging contains the statement either ‘for use in food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use, which must be easily visible, clearly legible and indelible.	1. Without prejudice to Directive 2000/13/EC, Directive 89/396/EEC and, where appropriate, Regulation (EC) No 1829/2003, flavourings intended for sale to the final consumer may be marketed only if their packaging contains the statement either ‘for use in food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use, which must be easily visible, clearly legible and indelible.
Justification
Labelling of flavourings intended for sale to the final consumer must be made in accordance with Directive 89/396/EEC concerning the lot and with GMO Regulation (EC) No 1829/2003, where appropriate, for the labelling of food flavourings containing, consisting of or produced from GMOs.
Amendment 31 ARTICLE 16, PARAGRAPH 1
1. The food business operators or their representatives shall report to the Commission the annual amounts of flavouring substances added to foods in the Community and the use levels for each food category in the Community.	1. A producer or user of a flavouring substance shall inform the Commission immediately of any new scientific or technical information which is known and accessible to him which might affect the assessment of the safety of the flavouring substance.
	1a. The food industry user of the flavouring containing the flavouring substance and the producer of the flavouring shall in cooperation, at the request of the Commission, inform it of the actual use of the flavouring substance. The information provided in this context shall be treated as confidential data.
Justification
Reports on annual amounts of every flavouring substance added to foods and use levels for each category will be extremely difficult to collect, as the flavouring supplier will not necessarily know in which food categories a flavouring is to be used, nor will he know the exact dosage used. Therefore such information is unlikely to assist in intake assessment or safety evaluation.
Amendment 32 ARTICLE 17, PARAGRAPH 2
2. After the Authority has been consulted, a common methodology for the gathering of information by the Member States on the consumption and use of flavourings set out in the Community list and of the substances listed in Annex III may be adopted in accordance with the procedure referred to in Article 18(2).	2. After the Authority has been consulted, a common methodology for the gathering of information by the Member States on the consumption and use of flavourings set out in the Community list and of the substances listed in Annex III shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2a).
Justification
A common methodology is essential for comparing data in country reports. This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 33 ARTICLE 18, PARAGRAPH 2 A (new)
	2a. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 34 ARTICLE 19
Amendments to Annexes II to V to this Regulation to reflect scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 18(2).	Amendments to Annexes II to V to this Regulation to reflect scientific and technical progress shall be adopted in accordance with regulatory procedure with scrutiny referred to in Article 18(2a).
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 35 ARTICLE 22, PARAGRAPH 3
3. Any appropriate transitional measures may be adopted in accordance with the procedure referred to in Article 18(2).	3. Any appropriate transitional measures may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2a).
Justification
This amendment is needed in order to bring the text into line with the provisions of the new comitology decision.
Amendment 36 ARTICLE 26 Annex III, paragraph 1, indent 1 (Directive 2000/13/EC)
– “flavourings” or a more specific name or description of the flavouring, if the flavouring component contains flavourings as defined in Article 3(2)(b), (d), (e), (g) and (h) of Regulation (EC) No […] of the European Parliament and of the Council* [Regulation on flavourings];	– “flavourings” or a more specific name or description of the flavouring, if the flavouring component contains flavourings as defined in Article 3(2)(b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No […] of the European Parliament and of the Council* [Regulation on flavourings];
Justification
When using ‘natural flavourings’ industry will tend to highlight that fact; however, the space limitation on some product labels may lead to the declaration of just the term ‘flavourings’ in the ingredients list. This Regulation should maintain that option.
Amendment 37 ARTICLE 26 Annex III, paragraph 1, indent 2 (Directive 2000/13/EC)
‘smoke flavouring(s)’ if the flavouring component contains flavourings as defined in Article 3 (2) (f) of Regulation EC No […] [Regulation on flavourings] and imparts a smoky flavour to the food.	‘smoke flavouring(s)’, or a more specific name or description of the smoke flavouring(s), if the flavouring component contains flavourings as defined in Article 3 (2) (f) of Regulation EC No […] [Regulation on flavourings] and imparts a smoky flavour to the food.
Justification
This amendment provides the opportunity to refer to specific smoke flavourings so that consumers would be properly informed about salmon flavouring, bacon flavouring, barbecue flavouring and so on.
Amendment 38 ARTICLE 26 Annex III, paragraph 2 a (new) (Directive 2000/13/EC)
	2a. For flavourings produced from a source material falling under the scope of Regulation (EC) No 1829/2003, the indication "produced from GMOs" shall appear on the label.
	For flavourings produced by an organism falling under the scope of Regulation (EC) No 1829/2003, no specific labelling shall be required.
Justification
Labelling provisions should be clarified regarding flavourings produced from or by GMOs. This is in line with the concept of 'last living organism' ruling the labelling provisions of Regulation (EC) No 1829/2003 on GM food and feed.
Amendment 39 ARTICLE 27, PARAGRAPH 2 A (new)
	Flavourings and food placed lawfully on the market before the abovementioned dates may continue to be used until stocks have been exhausted.
Amendment 40 ANNEX III, PART B
Text proposed by the Commission
Name of the substance Compound food in which the presence of the substance is restricted Maximum level [mg/kg] Beta-asarone Alcoholic beverages 1.0 1-Allyl-4-methoxybenzene Dairy products Processed fruits, vegetables (incl. mushrooms, fungi, roots, tubers, pulses and legumes), nuts and seeds Fish products Non-alcoholic beverages 50 50 50 10 Hydrocyanic acid Nougat, marzipan or its substitutes or similar products Canned stone fruits Alcoholic beverages 50 5 35 Menthofuran Mint/peppermint containing confectionery, except micro breath freshening confectionery Micro breath freshening confectionery Chewing gum Mint/peppermint containing alcoholic beverages 500 3000 1000 200 4-Allyl-1,2-dimethoxybenzene, Dairy products Meat and meat products, including poultry and game Fish and fish products Soups and sauces Ready-to-eat savouries Non-alcoholic beverages 20 15 10 60 20 1 Pulegone Mint/peppermint containing confectionery, except micro breath freshening confectionery Micro breath freshening confectionery Chewing gum Mint/peppermint containing non-alcoholic beverages Mint/peppermint containing alcoholic beverages 250 2000 350 20 100 Quassin Non-alcoholic beverages Bakery wares Alcoholic beverages 0,5 1 1.5 1-Allyl-3,4-methylene dioxy benzene, safrole Meat and meat products, including poultry and game Fish and fish products Soups and sauces Non-alcoholic beverages 15 15 25 1 Teucrin A Alcoholic beverages 2 Thujone (alpha and beta) Alcoholic beverages, except those produced from Artemisia species Alcoholic beverages produced from Artemisia species 10 35
Amendments by Parliament
Name of the substance Compound food in which the presence of the substance is restricted Maximum level [mg/kg]
Justification
This amendment is linked to the amendment to Article 5(2)(2). A similar solution is laid down in Article 8 of and Annex III to Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods. Part B of Annex III remains blank unless the potential harmfulness of certain naturally occurring undesirable substances is assessed by the Authority. In this case maximum levels for such substances should be set by the Commission.

• [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

Flavourings are part of the historical development of human food. By adding spices people have improved food and made it identifiable. With advances in food technology, flavourings have even taken on a central importance in modern food preparation, as any natural odour or taste can be copied synthetically. Consequently, flavourings have a considerable market value. Industrially-obtained flavourings are generally longer lasting and therefore have a longer shelf-life and can be more widely used on various types of food.

So far around 2600 molecules with natural-identical flavouring properties have been isolated in the laboratory. Producers can combine them to create new tastes, even ones that do not exist in nature. We define flavouring as the addition of odour or taste to meals. Flavourings are generally mixtures of a large number of aromatic preparations whose composition is generally a business secret. Even food producers do not know what the flavourings that they add to their products are composed of.

We consider the proposed regulation to be a good plan for modernising and simplifying European legislation on flavourings. Provided that complete food safety is guaranteed and that consumers are protected, the proposal gives the flavourings industry opportunity for further technological development and strengthens the internal market. The suggested amendments to the text of the proposed regulation represent Parliament’s contribution towards finding the best possible solution to certain unresolved questions, and also its position on the connection between the legislation on flavourings and other EU public health policies.

At the same time as simplifying and modernising legislation on additives, the EU is doing the same to the legislation on flavourings, to which it adds – in the title of the regulation – ‘certain food ingredients with flavouring properties’. Although Annex III includes a list of certain prohibited food ingredients, and for certain others lays down maximum permitted levels, this is not an entirely undisputed category in the regulation. The possibility of it resulting in undesirable substances entering food inadvertently must be excluded.

Your rapporteur welcomes the simplification and centralisation of the approval procedure for flavourings, which will ease the burden on Member States and increase legal certainty in the internal market. Your rapporteur supports the provision that, in accordance with the risk assessment to be carried out by the EFSA, only flavourings included on the Community positive list will be placed on the market.

Your rapporteur also agrees with the introduction of the comitology procedure, which will replace the current codecision procedure. This is a sensible change as the new comitology procedure now gives the European Parliament the possibility of examining a procedure if it believes that to be necessary. This means that the relevant provision in the proposed regulation referring to the old comitology procedure (Article 18(2)) needs to be replaced with a new provision (Article 18(2a)) to give Parliament the possibility of examining the decision-making on all issues covered by the proposed regulation.

Given that the chemical structure of the molecules is identical, it was sensible to remove the distinction between ‘natural’ and ‘natural identical’ (i.e. synthetic) flavouring substances because as far as human consumption is concerned it is the safety of a substance that is important, not its origin. However, removing the distinction in terms of the production method (by ‘natural’ process or by chemical synthesis) has not dealt with the ‘political’ question of consumer protection. Consumers want to know what basic ingredients a flavouring is composed of what processes were used to make it. Therefore they are calling for clear and understandable food labelling. The proposed regulation meets this demand in Article 14, which lays down the minimum percentage of ‘natural’ flavouring components obtained from the majority source material referred to in order for a flavouring to be sold with the description ‘natural’. However, Article 14 seems rather to stand in isolation given that there is no mention among the definitions in Article 3 of the difference between ‘natural’ and ‘natural identical’ flavouring substances.

From the point of view of long-term consumer health a relevant question concerns the advisability of using an increasing number of food additives. The use of very strong flavourings which mask the poor quality of food touches on the EU’s current strategy to combat obesity.

Using combinations of flavourings can cover up the unhealthy composition of processed foods (too much fat, sugar or salt) or the poor quality of food ingredients. Tastes and odours can be strengthened and even make consumers dependent on certain strongly flavoured products (or brands) and turn them away from the original, ‘natural’ tastes and odours.

Your rapporteur believes that in the case of flavourings it is not sufficient just to take into account the toxicological aspect of food safety, which under the standardised approval procedure will be the responsibility of the EFSA, but that it is also important to assess the actual need to add flavourings to food. If we agree that there is a link between eating habits and the increasingly strong tastes and odours of ready-made food, then it is also important to highlight the need to educate consumers. From the point of view of protecting consumers’ long-term interests it is sensible for the regulation to introduce criteria relating to the advantages and benefits to consumers of using flavourings.

Consumers should also have the right to choose. Those who wish to consume unflavoured food, or who wish to use only flavourings obtained from ‘natural’ ingredients, should have the opportunity to do so. That opportunity can be provided by means of easily understandable food labelling, which is the basis for informing consumers about the advantages, in terms of healthy eating habits, of food with less flavouring.

Your rapporteur welcomes the provision under which the Commission will monitor the implementation of legislation relating to flavourings and food ingredients with flavouring properties on the basis of regular reports submitted by the Member States, but believes that the reporting arrangements should involve the food business operators reporting to their Member States, which in turn would be required to report to the Commission. Your rapporteur also agrees with the introduction of an authorisation procedure for flavourings obtained from genetically-modified organisms.

PROCEDURE

Title	Flavourings and food ingredients with flavouring properties
References	COM(2006)0427 - C6-0259/2006 - 2006/0147(COD)
Date submitted to Parliament	28.7.2006
Committee responsible        Date announced in plenary	ENVI 5.9.2006
Committee(s) asked for opinion(s)        Date announced in plenary	ITRE 5.9.2006		IMCO 5.9.2006		AGRI 5.9.2006
Not delivering opinions        Date of decision	ITRE 4.10.2006		IMCO 13.9.2006		AGRI 11.9.2006
Rapporteur(s)        Date appointed	Mojca Drčar Murko 7.11.2006
Date adopted	8.5.2007
Result of final vote	+: –: 0:	47 0 1
Members present for the final vote	Adamos Adamou, Georgs Andrejevs, Margrete Auken, Irena Belohorská, Johannes Blokland, John Bowis, Frieda Brepoels, Hiltrud Breyer, Martin Callanan, Dorette Corbey, Chris Davies, Avril Doyle, Mojca Drčar Murko, Jill Evans, Satu Hassi, Gyula Hegyi, Jens Holm, Marie Anne Isler Béguin, Dan Jørgensen, Christa Klaß, Urszula Krupa, Marie-Noëlle Lienemann, Peter Liese, Jules Maaten, Linda McAvan, Alexandru-Ioan Morţun, Roberto Musacchio, Riitta Myller, Péter Olajos, Miroslav Ouzký, Daciana Octavia Sârbu, Karin Scheele, Carl Schlyter, Horst Schnellhardt, Kathy Sinnott, Antonios Trakatellis, Thomas Ulmer, Anja Weisgerber, Åsa Westlund, Anders Wijkman, Glenis Willmott
Substitute(s) present for the final vote	Christofer Fjellner, Milan Gaľa, Adam Gierek, Alojz Peterle, Andres Tarand
Substitute(s) under Rule 178(2) present for the final vote	Jean-Pierre Audy, Luis Herrero-Tejedor