Commission Regulation (EU) 2020/351
of 28 February 2020
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of citric acid (E 330) in cocoa and chocolate products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in food and their conditions of use.
Pursuant to Annex II to Regulation (EC) No 1333/2008, citric acid (E 330) is an authorised food additive in food category 05.1 ‘Cocoa and Chocolate products as covered by Directive 2000/36/EC’ at a maximum level of 5 000 mg/kg.
On 6 March 2018, an application was submitted for the modification of the conditions of use of citric acid (E 330) contained in food category 05.1 ‘Cocoa and Chocolate products as covered by Directive 2000/36/EC’, by increasing its maximum level of use to 10 000 mg/kg for milk chocolate. The application was subsequently made available to the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008.
Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission has to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health.
Citric acid (E 330) is a food additive authorised in a variety of foods in accordance with Annex II to Regulation (EC) No 1333/2008. It is not expected that the increase of its maximum level to 10 000 mg/kg for milk chocolate will have a significant impact on the overall exposure.
Since the authorisation of the use of citric acid (E 330) in milk chocolate at 10 000 mg/kg requires an update of the Union list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the Authority.
Therefore, it is appropriate to authorise the use of citric acid (E 330) in milk chocolate at 10 000 mg/kg.
Annex II to Regulation (EC) No 1333/2008 should therefore be amended accordingly.
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 1333/2008 is amended in accordance with 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 2020.
For the Commission
The President
Ursula von der Leyen
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008, in food category 05.1 ‘Cocoa and Chocolate products as covered by Directive 2000/36/EC’, the following new entry is inserted after the entry for E 330:
‘E 330
Citric acid
10 000
only milk chocolate’