L 35416 Official Journal of the European Union 31.12.2008 REGULATION (EC) No 1333/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on food additives (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (4) PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), This Regulation harmonises the use of food additives in foods in the Community. This includes the use of food additives in foods covered by Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (3) and the use of certain food colours for the health marking of meat and the deco- ration and stamping of eggs. It also harmonises the use of food additives in food additives and food enzymes thus ensuring their safety and quality and facilitating their stor- age and use. This has not previously been regulated at Community level. (5)  Food additives are substances that are not normally con- sumed as food itself but are added to food intentionally for Acting in accordance with the procedure laid down in Article 251 Z stet;};n;) rlé)sgel ;\?;tri)(l)l :;p (;)fs efo(ioej.cr[j::ﬁe (g(:gdt};t; dIi{tei‘g]ziag?; dlilulcj}; of the Treaty (3, covered by this Regulation, and therefore in the light of sci- entific progress and technological development the list of functional classes should be updated. However, substances should not be considered as food additives when they are Whereas: used for the purpose of imparting flavour and/or taste or for nutritional purposes, such as salt replacers, vitamins and minerals. Moreover, substances considered as foods which may be used for a technological function, such as ) sodium chloride or saffron for colouring and food enzymes (1) The ﬁtee movement (?f safe and wholesome ff)Od Is an should also not fall within the scope of this Regulation. essential aspect of the internal market and contributes sig- However, preparations obtained from foods and other nif{cantly to the health fmd well-being of citizens, and to natural source material that are intended to have a techno- their social and economic interests. logical effect in the final food and which are obtained by selective extraction of constituents (e.g. pigments) relative to the nutritive or aromatic constituents, should be con- sidered additives within the meaning of this Regulation. 2) A high level of protection of human life and health should Finally, food enzymes are covered b.Y Regulation (EC) be assured in the pursuit of Community policies. No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes (*), which excludes the application of this Regulation. (3)  This Regulation replaces previous Directives and Decisions concerning food additives permitted for use in foods with a view to ensuring the effective functioning of the internal market whilst ensuring a high level of protection of human health and 2 high level of consumer protection, mclud{ng (6)  Substances not consumed as food itself but used intention- the protection of consumer interests, via comprehensive v in th ino of foods. which onl : . and streamlined procedures. ally in the processing of foods, which only remain as resi- dues in the final food and do not have a technological effect in the final product (processing aids), should not be () O] C 168, 20.7.2007, p. 34. covered by this Regulation. (%) Opinion of the European Parliament of 10 July 2007 (O] C 175 E, 10.7.2008, p. 142), Council Common Position of 10 March 2008 (OJ C111E, 6.5.2008, p. 10), Position of the European Parliament of - 8 July 2008 (not yet published in the Official Journal) and Council () OJ L 186, 30.6.1989, p. 27. Decision of 18 November 2008. (*) See page 7 of this Official Journal.