L 354[34 Official Journal of the European Union 31.12.2008 REGULATION (EC) No 1334/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- 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), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (*) needs to be updated in the light of technical and scientific developments. In the interests of clarity and efficiency Directive 88/388/EEC should be replaced by this Regulation. (2)  Council Decision 88/389/EEC of 22 June 1988 on the establishment, by the Commission, of an inventory of the source materials and substances used in the preparation of flavourings (%) provides for the establishment of that inven- tory within 24 months of its adoption. That Decision is now obsolete and should be repealed. (3)  Commission Directive 91/71/EEC of 16 January 1991 completing Council Directive 88/388/EEC on the approxi- mation of the laws of the Member States relating to fla- vourings for use in foodstuffs and to source materials for their production (°) lays down rules on the labelling of fla- vourings. Those rules are replaced by this Regulation and the Directive should now be repealed. (1) OJ C 168, 20.7.2007, p. 34. (%) Opinion of the European Parliament of 10 July 2007 (O] C 175 E, 10.7.2008, p. 176), Council Common Position of 10 March 2008 (OJ C111E, 6.5.2008, p. 46). Position of the European Parliament of 8 July 2008 (not yet published) and Council Decision of 18 Novem- ber 2008. () OJ L 184,15.7.1988, p. 61. (4) OJ L 184,15.7.1988, p. 67. () OJ L 42, 15.2.1991, p. 25. ) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes sig- nificantly to the health and well-being of citizens, and to their social and economic interests. In order to protect human health, this Regulation should cover flavourings, source materials for flavourings and foods containing flavourings. It should also cover certain food ingredients with flavouring properties which are added to food for the main purpose of adding flavour and which contribute significantly to the presence in food of certain naturally occurring undesirable substances (herein- after referred to as food ingredients with flavouring prop- erties), their source material and foods containing them. Raw foodstuffs which have not undergone any processing treatment and non-compound foodstuffs such as spices, herbs, teas and infusions (e.g. fruit or herbal tea) as well as mixtures of spices and/or herbs, mixtures of tea and mix- tures for infusion, as long as they are consumed as such and|or not added to the food, do not fall within the scope of this Regulation. Flavourings are used to improve or modify the odour and/or taste of foods for the benefit of the consumer. Fla- vourings and food ingredients with flavouring properties should 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 focused on whether or not the use of certain flavourings could have any negative consequences on vulnerable groups. The use of flavourings must not mis- lead the consumer and their presence in food should, therefore, always be indicated by appropriate labelling. Fla- vourings should, in particular, not be used in a way as to mislead the consumer about issues related to, amongst other things, the nature, freshness, quality of ingredients used, the naturalness of a product or of the production process, or the nutritional quality of the product. The approval of flavourings should also take into account other factors relevant to the matter under consideration includ- ing societal, economic, traditional, ethical and environ- mental factors, the precautionary principle and the feasibility of controls.