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 (1), and in particular Article 10(3),
Whereas:
(1) Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.
(2) That list may be amended in accordance with the procedure referred to in 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 (2).
(3) Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.
(4) On 9 May 2012 an application was submitted for authorisation of the use of sweeteners in all products belonging to food subcategory 04.2.5.3 ‘Other similar fruit or vegetable spreads’ of Annex II to Regulation (EC) No 1333/2008. That subcategory includes fruit or vegetable spreads similar to jams, jellies and marmalades as defined by Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (3). The application was subsequently made available to the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008.
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