Commission Implementing Decision

of 22 November 2012

authorising the placing on the market of dihydrocapsiate as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2012) 8391)

(Only the English text is authentic)

(2012/726/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients1, and in particular Article 7 thereof,

Whereas:

(1)

On 6 August 2010 the company Ajinomoto Co. Inc., Japan made a request to the competent authorities of the United Kingdom to place dihydrocapsiate on the market as novel food ingredient.

(2)

On 10 March 2011 the competent food assessment body of the United Kingdom issued its initial assessment report. In this report it came to the conclusion that dihydrocapsiate will not present a health risk to consumers.

(3)

The Commission forwarded the initial assessment report to all Member States on 13 April 2011.

(4)

Within the 60 day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections were raised in accordance with that provision.

(5)

Therefore the European Food Safety Authority (EFSA) was consulted on 9 November 2011.

(6)
On 28 June 2012 in their ‘Scientific opinion on dihydrocapsiate’2 EFSA came to the conclusion that dihydrocapsiate is safe under the proposed uses and use levels.
(7)

Dihydrocapsiate complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: