21.10.2010 Official Journal of the European Union L 27717 DIRECTIVES COMMISSION DIRECTIVE 2010/67/EU of 20 October 2010 amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (*), and in particular Article 30(5) thereof, After consulting the Scientific Committee on Food and the European Food Safety Authority, Whereas: (1)  Commission Directive 2008/84/EC of 27 August 2008 laying down specific purity criteria on food additives other than colours and sweeteners (?) sets out the purity criteria for the additives mentioned in European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (3). (2)  Under Article 30(4) of Regulation (EC) No 1333/2008 specifications of the food additives covered under paragraphs 1 to 3 of that Article, including additives authorised under Directive 95/2/EC, shall be adopted, in accordance with Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (*), at the moment when those food additives are entered in the respective Annexes in accordance with those paragraphs. () O] L 354, 31.12.2008, p. 16. () O] L 253, 20.9.2008, p. 1. () OJ L 61, 18.3.1995, p. 1. (4 O] L 354, 31.12.2008, p. 1. (3) Since the lists have not yet been drawn up, and in order to ensure that the modification of the Annexes to Directive 95/2/EC pursuant to Article 31 is effective, and to ensure that additives so authorised comply with safe conditions of use, Directive 2008/84/EC should therefore be amended. The entry related to carbon dioxide (E 290) should be revised with respect to the concentration level of ‘oil content’ to take into account Codex Alimentarius spec- ifications drafted by the Joint Expert Committee on Food Additives (JECFA) and the documents of the International Organisation for Standardisation (ISO) (e.g. ISO 6141). The European Food Safety Authority (hereinafter the Authority) has assessed the information on the safety of extracts of rosemary when used as an antioxidant in foodstuffs. Extracts of rosemary are derived from Rosmarinus officinalis L. and contain several compounds which exert antioxidative functions (mainly phenolic acids, flavonoids, diterpenoids and triterpenes). It is considered appropriate to adopt specifications for extracts of rosemary which is authorised as a new food additive for use in foodstuffs under Directive 95/2/EC and assigned E 392 as its E number. Several types of production process are described, using solvent extraction (ethanolic, acetone and hexane) and super- critical carbon dioxide extraction. Soybean hemicellulose (E 426) was evaluated by the Scientific Committee on Food in 2003 (°) and is currently authorised within the EU under Directive 95/2/EC. A new variety of soybean hemicellulose is now produced and complies with all specifications set out in Directive 2008/84/EC for E 426 except that (®) Opinion of the Scientific Committee on Food on Soybean Hemicel- lulose expressed on 4 April 2003 (SCF/CS/ADD/EMU/185 Final).