Commission Implementing Decision (EU) 2016/375Show full title

Commission Implementing Decision (EU) 2016/375

of 11 March 2016

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

(notified under document C(2016) 1419)

(Only the Danish text is authentic)

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 ingredients(1), and in particular Article 7 thereof,

Whereas:

(1) On 15 January 2014, the company Glycom A/S made a request to the competent authorities of Ireland to place lacto-N-neotetraose on the market as a novel food ingredient.

(2) On 10 June 2014, the competent food assessment body of Ireland issued its initial assessment report. In that report, it came to the conclusion that lacto-N-neotetraose meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.

(3) On 7 July 2014, the Commission forwarded the initial assessment report to the other Member States.

(4) Reasoned objections were raised within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97.

(5) On 13 October 2014, the Commission consulted the European Food Safety Authority (EFSA), asking it to carry out an assessment for lacto-N-neotetraose as a novel food ingredient in accordance with Regulation (EC) No 258/97.

(6) On 29 June 2015, EFSA in its ‘Scientific Opinion on the safety of lacto-N-neotetraose as a novel food ingredient pursuant to Regulation (EC) No 258/97’(2), concluded that lacto-N-neotetraose is safe for the proposed uses and use levels.

(7) On 5 October 2015, the applicant sent a letter to the Commission and provided additional information to support the use and approval of 2′-O-fucosyllactose and lacto-N-neotetraose in food supplements for general population (excluding infants) under Regulation (EC) No 258/97.

(8) On 14 October 2015, the Commission consulted EFSA asking it to carry out an assessment of the safety of these novel foods in food supplements also for children (excluding infants).

(9) On 28 October 2015, EFSA in its ‘Statement on the safety of lacto-N-neotetraose and 2′-O-fucosyllactose as novel food ingredients in food supplements for children’(3), concluded that lacto-N-neotetraose is safe for the proposed uses and use levels.

(10) Commission Directive 96/8/EC(4) lays down requirements on foods intended for use in energy-restricted diets for weight reduction. Commission Directive 1999/21/EC(5) lays down requirements for dietary foods for special medical purposes. Directive 2002/46/EC of the European Parliament and of the Council(6) lays down requirements on food supplements. Commission Directive 2006/125/EC(7) lays down requirements for processed cereal-based foods and baby foods for infants and young children. Commission Directive 2006/141/EC(8) lays down requirements for infant formulae and follow-on formulae. Regulation (EC) No 1925/2006 of the European Parliament and of the Council(9) lays down requirements on the addition of vitamins and minerals and of certain other substances to foods. Commission Regulation (EC) No 41/2009(10) lays down requirements for the composition and labelling of foodstuffs suitable for people intolerant to gluten. Commission Implementing Regulation (EU) No 828/2014(11) lays down the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food. The use of lacto-N-neotetraose should be authorised without prejudice to the requirements of those legislations.

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

HAS ADOPTED THIS DECISION:

(1)

OJ L 43, 14.2.1997, p. 1.

(2)

EFSA Journal 2015; 13(7):4183.

(3)

EFSA Journal 2015;13(11):4299.

(4)

Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (OJ L 55, 6.3.1996, p. 22).

(5)

Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (OJ L 91, 7.4.1999, p. 29).

(6)

Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

(7)

Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

(8)

Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).

(9)

Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).

(10)

Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten (OJ L 16, 21.1.2009, p. 3).

(11)

Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (OJ L 228, 31.7.2014, p. 5).