2.10.2012 Official Journal of the European Union L 267/1 (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 872/2012 of 1 October 2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217EC (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (), and in particular Articles 3(2) and 4(1) and Article 5 thereof, Having regard to 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 (3), and in particular Article 25(1) thereof, Whereas: (1) Regulation (EC) No 2232/96 provides for a Community procedure for evaluation and authorisation of flavouring substances. The Member States notified to the Commission the list of flavouring substances which may be used in or on foods marketed on their territory. (2)  Regulation (EC) No 2232/96 provides for a list of flavouring substances that are authorised to the exclusion of all others. That list is to be established on the basis of a register containing the flavouring () OJ L 299, 23.11.1996, p. 1. () OJ L 354, 31.12.2008, p. 34. substances notified by the Member States and on the basis of a specific evaluation programme. (3)  The notified substances were entered in a register laid down by Commission Decision 1999/217/EC of 23 February 1999 adopting a register of flavouring substances used in or on foodstuffs drawn up in appli- cation of Regulation (EC) No 223296 of the European Parliament and of the Council (). (4)  Commission Regulation (EC) No 1565/2000 (*) has laid down the measures necessary for the adoption of an evaluation programme in application of Regulation (EC) No 2232/96. Pursuant to Article 5(2) of Regulation (EC) No 2232/96, flavouring substances not included in the register have also been included in the evaluation programme. (5)  The European Food Safety Authority (hereinafter referred to as ‘the Authority) evaluated a number of flavouring substances (°) through a stepwise approach that integrates information on structure-activity relationships, intake from current uses, toxicological threshold of concern, and available data on metabolism and toxicity. Those flavouring substances which do not give rise to safety concerns at their levels of dietary intakes should be included in the list referred to in Regulation (EC) No 2232/96. () O] L 84, 27.3.1999, p. 1. () OJ L 180, 19.7.2000, p. 8. () http:/|www.efsa.europa.eu/