Annex

Annex II to Regulation (EC) No 1333/2008 is amended as follows:

1. (a)

   in Part B, in Table 3: Additives other than colours and sweeteners, the entries for the food additives E 311 octyl gallate and E 312 dodecyl gallate are deleted;

2. (b)

   in Part C, in Table 5: Other additives that may be regulated combined, point (k) ‘E 310-320: Gallates, TBHQ and BHA’ is replaced by the following:

   ‘(k)

   E 310–320: Propyl gallate, TBHQ and BHA

   E-number	Name
   E 310	Propyl gallate
   E 319	Tertiary-butyl hydroquinone (TBHQ)
   E 320	Butylated hydroxyanisole (BHA)

   ’

3. (c)

   Part E is amended as follows:

   1. 1..

      In category 01.5 (Dehydrated milk as defined by Directive 2001/114/EC), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1)

      only milk powder for vending machines

      ’

   2. 2..

      In category 02.1 (Fats and oils essentially free from water (excluding anhydrous milkfat)), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA, individually or in combination) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1) (41)

      only fats and oils for the professional manufacture of heat- treated foods; frying oil and frying fat (excluding olive pomace oil) and lard, fish oil, beef, poultry and sheep fat

      ’

   3. 3..

      In category 02.2.2 (Other fat and oil emulsions including spreads as defined by Council Regulation (EC) No 1234/2007 and liquid emulsions), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA, individually or in combination) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1) (2)

      only frying fat

      ’

   4. 4..

      In category 04.2.5.4 (Nut butters and nut spreads), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1) (41)

      only processed nuts

      ’

   5. 5..

      In category 04.2.6 (Processed potato products), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      25

      (1)

      only dehydrated potatoes

      ’

   6. 6..

      In category 05.3 (Chewing gum), the entry concerning food additives E 310-321 (Gallates, TBHQ, BHA and BHT) is replaced by the following:

      ‘

      E 310-321

      Propyl gallate, TBHQ, BHA and BHT

      400

      (1)

      ’

   7. 7..

      In category 06.3 (Breakfast cereals), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1) (13)

      only precooked cereals

      ’

   8. 8..

      In category 06.7 (Pre-cooked or processed cereals), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1)

      only pre-cooked cereals

      ’

   9. 9..

      In category 07.2 (Fine bakery wares), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

      ‘

      E 310-320

      Propyl gallate, TBHQ and BHA

      200

      (1)

      only cake mixes

      ’

   10. 10..

       In category 08.3.1 (Non-heat–treated meat products), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1) (13)

       only dehydrated meat

       ’

   11. 11..

       In category 08.3.2 (Heat–treated meat products), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1) (13)

       only dehydrated meat

       ’

   12. 12..

       In category 12.2.2 (Seasonings and condiments), the entry concerning food additives E 310-321 (Gallates, TBHQ, BHA and BHT) is replaced by the following:

       ‘

       E 310-321

       Propyl gallate, TBHQ, BHA and BHT

       200

       (1) (13)

       ’

   13. 13..

       In category 12.5 (Soups and broths), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1) (13)

       only dehydrated soups and broths

       ’

   14. 14..

       In category 12.6 (Sauces), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1) (13)

       ’

   15. 15..

       In category 15.1 (Potato-, cereal-, flour- or starch-based snacks), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1)

       only cereal-based snack foods

       ’

   16. 16..

       In category 15.2 (Processed nuts), the entry concerning food additives E 310-320 (Gallates, TBHQ and BHA) is replaced by the following:

       ‘

       E 310-320

       Propyl gallate, TBHQ and BHA

       200

       (1) (13)

       ’

   17. 17..

       In category 17.1 (Food supplements supplied in a solid form including capsules and tablets and similar forms, excluding chewable forms), the entry concerning food additives E 310-321 (Gallates, TBHQ, BHA and BHT) is replaced by the following:

       ‘

       E 310-321

       Propyl gallate, TBHQ, BHA and BHT

       400

       (1)

       ’

   18. 18..

       In category 17.2 (Food supplements supplied in a liquid form), the entry concerning food additives E 310-321 (Gallates, TBHQ, BHA and BHT) is replaced by the following:

       ‘

       E 310-321

       Propyl gallate, TBHQ, BHA and BHT

       400

       (1)

       ’

   19. 19..

       In category 17.3 (Food supplements supplied in a syrup-type or chewable form), the entry concerning food additives E 310-321 (Gallates, TBHQ, BHA and BHT) is replaced by the following:

       ‘

       E 310-321

       Propyl gallate, TBHQ, BHA and BHT

       400

       (1)

       ’

Annex III to Regulation (EC) No 1333/2008 is amended as follows:

1. (a)

   in Part 4 (Food additives including carriers in food flavourings), the entries concerning food additives E 310, E 311, E 312, E 319 and E 320 are replaced by the following:

   ‘

   E 310	Propyl gallate	Essential oils	1 000 mg/kg (propyl gallate, TBHQ and BHA, individually or in combination) in the essential oils
   E 319	Tertiary-butyl hydroquinone (TBHQ)
   E 320	Butylated hydroxyanisole (BHA)	Flavourings other than essential oils	100 mg/kg (1) (propyl gallate) 200 mg/kg (1) (TBHQ and BHA, individually or in combination) in flavourings

   ’

2. (b)

   in Part 4 (Food additives including carriers in food flavourings), the footnote (¹) is replaced by the following:

   ‘(¹)

   Proportionality rule: when combinations of propyl gallate, TBHQ, and BHA are used, the individual levels must be reduced proportionally.’