Commission Implementing Regulation (EU) 2025/1549 of 30 July 2025 correcting Implementing Regulations (EU) 2023/2210 and (EU) 2022/1365 as regards the conditions of use of the novel foods 3-Fucosyllactose produced by a derivative strain of Escherichia coli K-12 DH1 and Schizochytrium sp. oil rich in DHA and EPA

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 and 12 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) The Commission has identified errors in the Annex to Implementing Regulation (EU) 2017/2470. Corrections are needed in order to provide clarity and legal certainty to food business operators and to the Member States’ competent authorities, thus ensuring the proper implementation and use of the Union list of novel foods.

(4) Pursuant to Article 4(2) of Regulation (EC) No 258/97, the competent authority of the United Kingdom authorised in 2012 Schizochytrium sp. oil rich in DHA and EPA to be placed on the market as a novel food for use in a number of foods, including food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for ‘normal population’ at levels of 250 mg/day, and in food supplements intended for pregnant and lactating women at 450 mg/day. The normal population is to be understood as the general population. However, the application included an intake assessment concerning the general population, excluding children below 18 months of age.

(5) In 2015, Commission Implementing Decision (EU) 2015/546 (5) authorised a change to the conditions of use of Schizochytrium sp. oil rich in DHA and EPA, increasing the maximum levels of DHA and EPA in food supplements for the adult population, with the exception of pregnant and lactating women, to 3 000 mg/day.

(6) When the initial Union list of novel foods was established by Implementing Regulation (EU) 2017/2470, the use of this novel food in food supplements for children from 18 months to 18 years of age at levels of 250 mg/day was erroneously omitted. In addition, when the conditions of use of Schizochytrium sp. oil rich in DHA and EPA were amended by Commission Implementing Regulation (EU) 2022/1365 (6), this amendment did not include the use of this novel food in food supplements for children from 18 months to 18 years of age at levels of 250 mg/day. It is therefore necessary to correct Implementing Regulation (EU) 2022/1365 to include the use of the novel food Schizochytrium sp. oil rich in DHA and EPA in food supplements for children from 18 months to 18 years of age at levels of 250 mg/day.

(7) The conditions of use of 3-Fucosyllactose (3-FL) produced by a derivative strain of Escherichia coli K-12 DH1 authorised as a novel food by Commission Implementing Regulation (EU) 2023/2210 (7) erroneously did not include foods for special medical purposes intended for infants and young children, as defined in Regulation (EU) No 609/2013 of the European Parliament and of the Council (8), that had been requested by the applicant and assessed by the European Food Safety Authority (‘the Authority’) in its opinion (9) on this novel food. In that opinion the Authority concluded that the maximum use levels of 3-FL in food for special medical purposes intended for infants and young children should not be higher than the maximum levels specified for the proposed uses in the corresponding food categories for this group of the population which would be the 1,75 g/L maximum levels authorised in infant formula and follow on formula. It is therefore appropriate that this use is added in the conditions of use of this novel food, and Implementing Regulation (EU) 2023/2210 is 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

Implementing Regulation (EU) 2022/1365 is corrected in accordance with Annex I to this Regulation.

Article 2

Implementing Regulation (EU) 2023/2210 is corrected in accordance with Annex II to this Regulation.

Article 3

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, 30 July 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 327, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2283/oj.

(2) 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, ELI: http://data.europa.eu/eli/reg/1997/258/oj).

(3) 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, ELI: http://data.europa.eu/eli/reg_impl/2017/2470/oj).

(4) 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, ELI: http://data.europa.eu/eli/dir/2002/46/oj).

(5) Commission Implementing Decision (EU) 2015/546 of 31 March 2015 authorising an extension of use of DHA and EPA-rich oil from the micro-algae Schizochytrium sp. as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (OJ L 90, 2.4.2015, p. 11, ELI: http://data.europa.eu/eli/dec_impl/2015/546/oj).

(6) Commission Implementing Regulation (EU) 2022/1365 of 4 August 2022 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food Schizochytrium sp. oil rich in DHA and EPA (OJ L 205, 5.8.2022, p. 230, ELI: http://data.europa.eu/eli/reg_impl/2022/1365/oj).

(7) Commission Implementing Regulation (EU) 2023/2210 of 20 October 2023 authorising the placing on the market of 3-Fucosyllactose produced by a derivative strain of Escherichia coli K-12 DH1 as a novel food and amending Implementing Regulation (EU) 2017/2470 (OJ L, 2023/2210, 23.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2210/oj).

(8) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35, ELI: http://data.europa.eu/eli/reg/2013/609/oj).

(9) Safety of 3-fucosyllactose (3-FL) produced by a derivative strain of Escherichia coli K-12 DH1 as a novel food pursuant to Regulation (EU) 2015/2283. EFSA Journal, 2023;21(6):8026.