17.1.2013 Official Journal of the European Union L 13/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 25/2013 of 16 January 2013 amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the food additive potassium diacetate (Text with EEA relevance) THE EUROPEAN COMMISSION, (6)  An application for authorisation of the use of potassium diacetate as a preservative was submitted on Having regard to the Treaty on the Functioning of the European 27 September 2010 and was made available to the Union, Member States. Having regarq to Regulation (EC) No .1333/ 2008 of the (7)  Potassium diacetate is requested for use as an alternative European ParllamenF -and of the ) Counql of 16 .December to the food additive sodium diacetate E 262 (ii) which is 2008 on food addltlves ("), and in particular Article 10(3), used as a growth inhibitor of microorganisms. The Article 14 and Article 30(5) thereof, replacement of sodium diacetate E 262 (i) by potassium diacetate can contribute to the reduction of Having regard to Regulation (EC) No 1331/2008 of the dietary sodium intake. European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (3), and in (8)  Pursuant to Article 3(2) of Regulation (EC) No particular Article 7(5) thereof, 1331/2008, the Commission is to seek the opinion of the Authority in order to update the Union list of food Whereas: 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. Potassium (1) Annex II'to Regulation (EC) No 1333/2008 lays‘ down a diacetate is an equimolecular compound of two auth- Union 1.1st of fopd additives approved for use in foods orised food additives (potassium acetate E 261 and and their conditions of use. acetic acid E 260). The Scientific Committee for Food evaluated food additives of various technological (2)  Annex III to Regulation (EC) No 1333/2008 lays down a functions in 1990. For acids, bases and their salts the Union list of food additives approved for use in food evaluations were based on the anions and cations listed. additives, food enzymes, flavourings, nutrients and their Acetic acid (E 260) as well as its salts, ammonium-, conditions of use. sodium-, potassium- and calcium acetates and diacetates, were covered by the evaluation. The Committee estab- (3)  Commission Regulation (EU) No 231/2012 (%) lays down lished a group Acceptal.)le. Dailly Intake not specified for ifications for food additives listed in Annexes II and all these substances. This implies that their use does not spectiica . hazard to health in order to achieve the Il to Regulation (EC) No 1333/2008. represent a hazar o desired technological effect. The authorisation of use of potassium diacetate in a similar way to potassium acetate (4 Those lists may be amended in accordance with the is not liable to have an effect on human health and it is procedure referred to in Regulation (EC) No 1331/2008. therefore not necessary to seek the opinion of the Auth- ority. (5)  Pursuant to Article 3(I) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or (99 Potassium diacetate should be authorised to be used in a following an application. OJ L 354, 31.12.2008, p. 16. () OJ L 354, 31.12.2008, p. 1. OJ L 83, 22.3.2012, p. 1. the same way as potassium acetate. Therefore in the Annexes to Regulation (EC) No 1333/2008 the current name of additive E 261, i.e. ‘potassium acetate’, should be replaced by the expression ‘potassium acetates’ covering both potassium acetate and potassium diacetate.