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Commission Implementing Regulation (EU) 2020/478 of 1 April 2020 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (Text with EEA relevance)

Type Implementing Regulation

Publication 2020-04-02

State In force

Text As published

Department European Commission, SANTE

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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2.4.2020	EN	Official Journal of the European Union	L 102/1

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 ¹, and in particular Articles 8 thereof,

Whereas:

(1) Pursuant to Article 8 of Regulation (EU) 2015/2283, the Commission was to establish, by 1 January 2018, the Union list of novel foods authorised or notified under Regulation (EC) No 258/97 of the European Parliament and of the Council ².

(2) The Union list of novel foods authorised or notified under Regulation (EC) No 258/97 was established by Commission Implementing Regulation (EU) 2017/2470 ³.

(3) Commission Implementing Regulation (EU) 2018/1023 ⁴ corrected Implementing Regulation (EU) 2017/2470 and replaced the Annex thereto in order to include a number of authorised or notified novel foods not included in the initial Union list.

(4) After the publication of Implementing Regulation (EU) 2017/2470 and Implementing Regulation (EU) 2018/1023, food business operators identified an additional error in the Annex to Implementing Regulation (EU) 2017/2470 and notified the Commission about it.

(5) Correction is needed in order to provide clarity and legal certainty to food business operators and to Member States’ competent authorities, thus providing for the proper implementation and use of the Union list of novel foods.

(6) Schizochytrium sp. (T18) oil was authorised as a novel food through the notification procedure pursuant to Article 5 of Regulation (EC) No 258/97. In the specifications of Schizochytrium sp. (T18) oil, the indicated acid value is erroneously ≤ 0,5 mg KOH/g instead of the correct value of ≤ 0,8 mg KOH/g. The Union list of novel foods established by Implementing Regulation (EU) 2017/2470 indicated the same erroneous value.

(7) Therefore, the specifications of Schizochytrium sp. (T18) oil relating to the acid value in Table 2 of the Annex to Implementing Regulation (EU) 2017/2470 should be corrected accordingly.

(8) 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

The Annex to Implementing Regulation (EU) 2017/2470 is corrected in accordance with the Annex to this Regulation.

Article 2

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, 1 April 2020.

For the Commission

The President

Ursula VON DER LEYEN

OJ L 327, 11.12.2015, p. 1.

Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

Commission Implementing Regulation (EU) 2018/1023 of 23 July 2018 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (OJ L 187, 24.7.2018, p. 1).

ANNEX

In Table 2 (Specifications) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for Schizochytrium sp. (T18) oil is replaced by the following:

Authorised novel food	Specification
‘Schizochytrium sp. (T18) oil	Acid value: ≤ 0,8 mg KOH/g Peroxide value (PV): ≤ 5,0 meq/kg oil Moisture and volatiles: ≤ 0,05 % Unsaponifiables: ≤ 3,5 % Trans-fatty acids: ≤ 2,0 % Free fatty acids: ≤ 0,4 % DHA content: ≥ 35 %’

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