Commission Implementing Regulation (EU) 2023/952 of 12 May 2023 amending Implementing Regulation (EU) No 1321/2013 as regards the name of the holder of the authorisation for the smoke flavouring primary product ‘TradismokeTM A MAX’ (unique code SF-007) (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 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended to be used in or on foods ¹, and in particular Article 11 thereof,

Whereas:

• (1) On 17 March 2022, an application was submitted on behalf of Nactis (‘the applicant’) in accordance with Article 11(1) of Regulation (EC) No 2065/2003, requesting a change to the name of the holder of the authorisation for the smoke flavouring primary product ‘Tradismoke^TM A MAX’ listed in the table in the Annex to Commission Implementing Regulation (EU) No 1321/2013 ².

• (2) In the application, the applicant stated that the authorisation for the smoke flavouring primary product ‘Tradismoke^TM A MAX’ was to be transferred to JRS, J. Rettenmaier & Söhne GmbH & Co. KG. In support of its statement, the applicant provided evidence of the parties’ consent to the transfer in respect of the smoke flavouring primary product ‘Tradismoke^TM A MAX’.

• (3) The proposed change of the holder of the authorisation is purely administrative in nature and therefore does not entail a new assessment of the product concerned.

• (4) Implementing Regulation (EU) No 1321/2013 should therefore be amended accordingly.

• (5) In order to ensure a smooth transition, it is appropriate to provide that the smoke flavouring primary product ‘Tradismoke^TM A MAX’, smoke flavourings derived therefrom and foods containing the smoke flavouring primary product or smoke flavourings derived therefrom, which comply with the rules applying before the date of entry into force of this Regulation, may continue to be placed on the market and used until the existing stocks are exhausted.

• (6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Implementing Regulation (EU) No 1321/2013

In the table in the Annex to Implementing Regulation (EU) No 1321/2013, the entry on the smoke flavouring primary product ‘Tradismoke^TM A MAX’ (unique code SF-007) is amended as follows:

• (1) in the third row ‘name of the authorisation holder’, the word ‘Nactis’ is replaced by the words ‘JRS, J. Rettenmaier & Söhne GmbH & Co. KG’;

• (2) in the fourth row ‘address of the authorisation holder’, the words ‘36, rue Gutenberg – ZI La Marinière, 91070 Bondoufle, FRANCE’ are replaced by the words ‘Holzmühle 1, 73494 Rosenberg, GERMANY’.

Article 2

Transitional measures

The smoke flavouring primary product ‘Tradismoke^TM A MAX’ listed in the table in the Annex to Implementing Regulation (EU) No 1321/2013, smoke flavourings derived therefrom and foods containing the smoke flavouring primary product or smoke flavourings derived therefrom, which are produced and labelled before 4 June 2023 in accordance with the rules applicable before 4 June 2023 may continue to be placed on the market and used until the existing stocks are exhausted.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 May 2023.

For the Commission

The President

Ursula VON DER LEYEN